MINUTES OURAY COUNTY PLANNING COMMISSION PUBLIC HEARINGIREGULAR MEETING June 25, 2025 3:00 - 5:00 pm Ouray County Land Use Office 111 Mall Road, Ridgway, Colorado Attending Staff: Sampson, Hughes, Castrodale, Robinson Attending PC in Person: Miller, Cram, Szwarc, Ryan, Boehnke Attending PC in Zoom: None Attending Public In-Person: Applicant Attending Public via Zoom: None A. The Planning Commission will elect officers (chair & vice chair) a. Discussion about qualifications and time on PC. b. Miller nominated Boehnke as chair. Seconded. Passed unanimously. C. Boehnke nominated Szwarc as vice-chair. Seconded. Passed unanimously. B. Public Hearing Description: Deer Haven Limited PUD The Planning Commission will review a proposal by OP Investments LLC for approval of a combined Preliminary Development Plan/Final Development Plan for a Limited PUD (2 lots proposed) on a -40- acre parcel located at TBD CR-22 (Legal Summary: S: 26 T: 47 R: 9 SW1/4 NE1/4) and make a recommendation to the Board of County Commissioners. OPEN PUBLIC HEARING: 3:00 pm a. Staff gave a brief presentation regarding the application and recommended the Planning Commission forward the application to the Board of County Commissioners with a recommendation of approval with 9 recommended conditions and allow the chair to sign: 1. The Applicant shall add/revise the plat notes as follows: a. Add the following plat note: ENGINEERED SEPTICS/FOUNDATIONS A site-specific geotechnical subsurface exploration is required to be prepared and stamped by a Colorado registered professional engineer and shall be required to be submitted by an owner prior to the issuance of a building permit for any foundation or septic system (OWTS). Based upon such evaluation for potential construction of any foundation and/or OWTS, recommended mitigation provisions shall be required, that have been designed, inspected, and approved by a Colorado Registered Professional Engineer. Septic systems shall not be placed within any drainage area on any lot. b. Add the following plat note: COLORADO NOXIOUS WEED ACT All present and future owners of lots within the Deer Haven Limited PUD shall comply with all provisions found in the Colorado Noxious Weed Act - CRS Title 35, Article 5.5. C. Add the following plat note: No further subdivision of Lots 1, and 2 is allowed and no further development of the designated no-build area is allowed. d. Add the following plat note: COLORADO PARKS AND WILDLIFE PLAT NOTE Property owners should be aware that ungulates, particularly mule deer, will eat ornamental shrubs and flowers and can damage trees. As much of the sagebrush habitat should be left in its natural state. Fencing on all lots shall be kept to a minimum, any new fencing shall be directly adjacent to a house to contain pets, propane tanks etc, or adjacent to a barn to contain livestock. Any fencing that is installed should comply with the guidelines shown in Colorado Parks and Wildlife's document titled "Fencing with Wildlife in Mind". Woven wire fencing is prohibited. Homeowners shall be required to store refuse in a bear-resistant trash can. 2. Prior to obtaining signatures on the final plat, the Applicant shall provide a draft of the final plat and an updated title report to Staff for review and approval. 3. The Applicant shall ensure that all proper utility easements are in place and depicted on the plat. 4. At the time of application for Final Plat, the Applicant shall submit a payment for the Fair Contribution for Public School Sites, in the amount of $676.80. 5. No construction (grading, trenching, or other disturbance of soils) shall commence until the Preliminary/Final Development Plan (PDP/FDP) has been approved and a PUD Construction Permit issued by the Land Use Department. The Applicant shall install utilities to the lot lines of Lot 1 & Lot 2 prior to application for final plat. 6. The Applicant shall submit the application for Final Plat within 18 months, from the date of approval by the Board of County Commissioners. 7. The Applicant shall be required to have the appropriate monuments and stakes set by a Professional Land Surveyor prior to final plat. 8. The PDP/FDP shall be recorded as an attachment to any BOCC resolution pertaining to the review of the Deer Haven Limited PUD. 9. The applicant shall comply with West Region Wildfire Council's recommendations for wildfire mitigation. b. PC asked clarifying questions of Staff. C. Applicant gave a brief presentation regarding the application. d. Planning Commission asked clarifying questions of the Applicant. e. Open Public Comment Portion of the Hearing (3:28PM): a. There was no public comment. f. Close Public Comment: (3:29 PM) g. Planning Commission deliberated on the subject application with various discussion on the following topics: a. wildfire b. neighbor access C. clarifying plat notes d. noxious weed management e. CPW, 2nd sentence note after "natural state" add - as possible." i. Seconded. Vote: Motion passed. f. Motion/Add note: Property owner shall promote wildlife habitat outside of the building area. (Plat Note #10) i. Seconded. Vote: Motion passed. h. MOTION/VOTE: Ryan moved that: The Ouray County Planning Commission forward the application of a Limited PUD to the Board of County Commissioners with a recommendation of approval with the 10 conditions and allow the chair to sign: 1. The Applicant shall add/revise the plat notes as follows: a. Add the following plat note: ENGINEERED SEPTICS/FOUNDATIONS A site-specific geotechnical subsurface exploration is required to be prepared and stamped by a Colorado registered professional engineer and shall be required to be submitted by an owner prior to the issuance of a building permit for any foundation or septic system (OWTS). Based upon such evaluation for potential construction of any foundation and/or OWTS, recommended mitigation provisions shall be required, that have been designed, inspected, and approved by a Colorado Registered Professional Engineer. Septic systems shall not be placed within any drainage area on any lot. b. Add the following plat note: COLORADO NOXIOUS WEED ACT All present and future owners ofl lots within the Deer Haven Limited PUD shall comply with all provisions found in the Colorado Noxious Weed Act - CRS Title 35, Article 5.5. C. Add the following plat note: No further subdivision of Lots 1, and 2 is allowed and no further development of the designated no-build area is allowed. d. Add the following plat note: COLORADO PARKS AND WILDLIFE PLAT NOTE Property owners should be aware that ungulates, particularly mule deer, will eat ornamental shrubs and flowers and can damage trees. As much of the sagebrush habitat should be left in its natural state as possible. Fencing on all lots shall be kept to a minimum, any new fencing shall be directly adjacent to a house to contain pets, propane tanks etc, or adjacent to a barn to contain livestock. Any fencing that is installed should comply with the guidelines shown in Colorado Parks and Wildlife's document titled "Fencing with Wildlife in Mind". Woven wire fencing is prohibited. Homeowners shall be required to store refuse in a bear-resistant trash can. e. Property owner shall promote wildlife habitat outside of the building area. 2. Prior to obtaining signatures on the final plat, the Applicant shall provide a draft of the final plat and an updated title report to Staff for review and approval. 3. The Applicant shall ensure that all proper utility easements are in place and depicted on the plat. 4. At the time of application for Final Plat, the Applicant shall submit a payment for the Fair Contribution for Public School Sites, in the amount of $676.80. 5. No construction (grading, trenching, or other disturbance of soils) shall commence until the PreliminarylFinal Development Plan (PDP/FDP) has been approved and a PUD Construction Permit issued by the Land Use Department. The Applicant shall install utilities to the lot lines of Lot 1 & Lot 2 prior to application for final plat. 6. The Applicant shall submit the application for Final Plat within 18 months, from the date of approval by the Board of County Commissioners. 7. The Applicant shall be required to have the appropriate monuments and stakes set by a Professional Land Surveyor prior to final plat. 8. The PDP/FDP shall be recorded as an attachment to any BOCC resolution pertaining to the review of the Deer Haven Limited PUD. 9. The applicant shall comply with West Region Wildfire Council's recommendations for wildfire mitigation. a. Second: Szwarc seconded the motion b. Discussion: i. None C. Vote: Motion passed unanimously. C. Close Public Hearing: The public hearing was closed at 4:15 pm. D. Old Business: None E. New Business a. July 16 scheduled training. Reschedule. Wednesday 2:00 - 5:00pm. b. Meeting times: Wednesdays, at 2:00pm. F. Adjourn: a. Planning Commission adjourned at 4:30 and authorized the Chair to review and sign the minutes from this meeting. Lots L - - KAthryn L.MSOEHNEE Mark Castrodale Ouray County Mail JC Dissenting opinion 6/25/25 PC Dan Hughes dhughes@ouraycogor Cretade JC Dissenting opinion 6/25/25 P Jennifer Cram Wed, Jun 25, 2025 at 6:33 PM To: Mark Castrodale masiodapolryogo, Dan Hughes dhughes@ouraycogov, Hi, Following is a dissenting opinion statement that would like included with the minutes that go to the BOCC from the 6/25/25 PC meeting. If either of you think it needs changes please let me know. We (the PC) had a surprisingly contentious discussion about adding in a plat note to address CPW concerns about wildlife in/around the proposed subdivision. I was concerned by CPW's comments about pressure on the mule deer population in that area. The LU planner-suggested CPW plat note was COLORADO PARKS AND WILDLIFE PLAT NOTE Property owners should be aware that ungulates, particularly mule deer, will eat ornamental shrubs and flowers and can damage trees. As much of the sagebrush habitat should be lefti in its natural state. Fencing on all lots shall be kept to a minimum, any new fencing shall be directly adjacent to a house to contain pets, propane tanks etc, or adjacent to a barn to contain livestock. Any fencing that is installed should comply with the guidelines shown in Colorado Parks and Wildlife's document titled "Fencing with Wildlife in Mind". Woven wire fencing is prohibited. Homeowners shall be required to store refuse in a bear-resistant trash can. I wanted to make 2 changes to the plat note: 1) a grammatical change to the 2nd sentence (add "as possible") 2). Add in an additional sentence to address CPW's concerns about the mule deer pressures: "The owners are encouraged to to prevent dogs from running at large, especially in the Non-Build areas. " I used the word "encourage" because we can't prohibit people from letting their dogs run (within Ouray County regulations), but at the same time I wanted to bring forward CPW's ongoing concerns in the N Mesa zone about deer and elk habitat. The LUC mentions the importance of the wildlife habitat (food as well as movement) in that zone, and I feel that this concern was one of the public's big concerns in the Master Plan Process. Some members of the PC felt that the additional sentence I proposed was restricting dogs illegally per County regulations. In the end we voted to add a separate non-CPW plat note that says: Property owner shall promote wildlife habitat outside of the building area. I am writing this opinion to give context to the new suggested plat note, and hoping that the BOCC can approve it, and maybe also improve it. think that preserving wildlife habitat in the County is one of the most agreed-upon aspects of the master plan, and the effects of fencing and dogs should both be recognized and considered. A well-written plat note that does not restrict people's legal rights and yet encourages respect for wildlife in our Mesa Zones could be valuable and reusable. Thank-you, Jennifer Cram