HomeMy Public PortalAboutPlanning Commission Minutes 02-22-2023Minturn Planning Commission
February 22, 2023
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Planning Commission Official Minutes
Wednesday February 22, 2023 — 6:30 PM
Minturn Town Hall / Council Chambers
302 Pine St Minturn, CO
The agenda is subject to change, including the addition of items 24 hours in advance or the
deletion of items at any time. The order and times of agenda items listed are approximate. This
agenda and meetings can be viewed at www.minturn.org.
MEETING ACCESS INFOR1VIATION AND PUBLIC PARTICIPATION
This will be an in -person meeting with access for the public to attend in person or via the
Zoom link included. Zoom Link: https://us02web.zoom.us/i/84641903415
Zoom Call -In Information: 1 651 372 8299 or 1 301 715 8592 Webinar ID: 846 4190 3415
Please note: all virtual participants are muted. In order to be called upon and be unmuted, you
will need to use the "raise hand" feature in the Zoom platform. When it's your turn to speak,
the moderator will unmute your line and you will have five (5) minutes for public comment.
PUBLIC COMMENTS: If you are unable to attend, public comments regarding any items on
the agenda can be submitted to Madison Harris, Planner I, prior to the meeting and will be
included as part of the record.
1. CALL TO ORDER — 6:30 PM
Lynn Teach called the meeting to order at 6:30 pm.
2. ROLL CALL & PLEDGE OF ALLEGIANCE
Those present at roll call: Planning Commission Chair Lynn Teach and Planning
Commission Members Jeff Armistead, Michael Boyd, Sage Pierson, Elliot Hovey, and Tom
Priest.
Staff Members Present: Town Planner Scot Hunn and Planner I Madison Harris
3. APPROVAL OF MINUTES
3.1 February 8, 2023
Motion by Michael B., second by Jeff A., to approve the minutes of February 8, 2023 as
presented. Motion passed 5-0.
Note: Sage P. is attending in her status as an alternate.
4. APPROVAL OF AGENDA Opportunity for amendment or deletions to the agenda.
Motion by Jeff A., second by Tom P., to approve the agenda as presented. Motion passed 5-
0.
Note: Sage P. is attending in her status as an alternate.
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February 22, 2023
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5. DECLARATION OF CONFLICTS OF INTEREST
No conflicts of interest.
6. PUBLIC COMMENT Citizens are invited to comment on any item not on the regular
Agenda subject to a public hearing. Please limit your comments to five (5) minutes per
person unless arrangements have been made for a presentation with the Town Planner.
Those who are speaking are requested to state their name and address for the record.
No public comment.
7. SPECIAL PRESENTATIONS
S. DESIGN REVIEW AND LAND USE PUBLIC HEARINGS
8.1 Ordinance TBD — Series 2023 Amending Chapter 16 and Appendix B of the MMC
Scot H. introduced the ordinance. The attached ordinance contains several amendments
and updates to certain sections of Chapter 16, Zoning, of the Minturn Municipal Code.
This ordinance is being presented to the Minturn Planning Commission for review and
comment prior to presenting the same to the Minturn Town Council for approval.
The proposed amendments to Chapter 16 are targeted at several aspects of the Town's
design review procedures and application submittal requirements - what gets submitted
to the Town for new applications requiring Design Review Board review and approval;
how the DRB conducts its review; and what actions the DRB can take, including
recommendations for approval or denial to the Town Council, or the granting of a
conceptual approvals.
Additionally, staff is proposing long overdue yet relatively minor revisions and
clarifications to certain definitions specifically related to the Town's building height
definition (inclusive of methods of for calculation), grade (existing, natural, or
established grade around a structure) and ordinary high water mark. In all cases of
proposed changes to definitions, staff is attempting to clarify intent as well as language
to aid in interpretation and to reduce confusion or potential legal challenges in the
future.
Briefly, the following amendments are proposed:
Section 16-2-20 - Definitions:
Changes to Article 2, Definitions include revisions to the following terms and methods of
calculation that the Town uses when reviewing development proposals:
Building Height: Removed contradictory language precluding "any part" of a
structure exceeding height limitations
Grade: Added new definitions for established grade ("Grade, established"),
finished grade ("Grade, finished") and natural grade ("Grade, natural") to aid applicants,
staff, and Planning Commission in determining building height.
Ordinary High Water Mark: Revised this definition to be consistent with other text in the
Minturn Municipal Code and to eliminate confusion regarding requirements for survey
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February 22, 2023
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preparation by a professional land surveyor. Removed sentence requiring the Town to
choose a surveyor. This is not practiced, is not practical or desired by staff, and most
surveyors who do work in the Eagle River Valley are competent in delineation of water
marks.
Section 16-2-50 - Specific lot requirements and dimensional standards:
In relation to proposed revisions to the Town's definition of Ordinary High Water Mark,
staff is proposing complimentary, clarifying language revisions to Section 16-2-50 to
make clear that surveys must be prepared by a professional land surveyor licensed in the
State of Colorado.
Section 16-21-460 - Action by Planning Commission:
This section is being amended to clarify the alternative actions that the Planning
Commission may take to approve, approve with conditions, deny, table or grant
conceptual approval for an application. These changes are in relation to other changes
proposed for Section 16-21-615 aimed at clarifying and adding to submittal requirements
for all Design Review Board applications, review requirements, and construction
requirements (see below).
Section 16-21-615 - Design Review applications:
Staff has spent considerable time formulating and analyzing a number of revisions to this
section of the Code, all aimed at the following goals:
• Ensuring that DRB submittal and review requirements are located in one place in
the Minturn Municipal Code (currently they are listed in at least two different
sections of the code, Section 16-21-615 and Appendix "B" Design Standards and
Guidelines). The proposed changes include removing application submittal
requirement language from Appendix "B" and relocating it in Section 16-21-615.
• Beefing up DRB submittal requirements and making language and terms consistent
and clear. Please note additional language aimed, in some cases, at ensuring a
higher level of details are provided on plans submitted to the Town in the future.
• Enhancing requirements and clarifying procedures for building permit/construction
process, particularly with regard to required inspections and requirements for
Improvement Location Surveys/Land Survey Plat documents as part of foundation
inspections, framing inspections, and final inspections to ensure that all structures
permitted by the Town and approved by the DRB are constructed according to
plans.
• Striking non -regulatory or suggestive language ("should") and replacing it with
enforceable language ("shall") in certain circumstances.
Appendix B - Design Standards and Guidelines:
In relation to and as a result of moving DRB submittal requirements out of Appendix B -
Design Standards and Guidelines and into Section 16-21-615, changes to Appendix B in
the ordinance show striking through (removing) Section "A" - Design Review Board, and
Section "B" - Submittal Information from the Town's Design Standards and Guidelines.
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February 22,2023
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These sections are not needed and/or conflict with existing language elsewhere in the Code
that establishes the Planning Commission as the DRB, provides processes and rules for the
Planning Commission when reviewing applications, and/or provides detailed direction on
submittal requirements (see above).
Many of the proposed amendments are items that staff has identified over the years, and
several relate back to conversations between staff and the Planning Commission regarding
confusing or unclear language, or desired additional language to ensure that the Town is
able to properly interpret and apply the provisions of Chapter 16.
Jeff A. appreciates the clarity this provides. Would like to change the boundary survey
requirement in 16-21-615 date requirement to 90 days from 5 years. Appreciates the
construction process being codified.
Elliot H. appreciates the tightening up of the definitions.
Lynn T. would like to change Board of Trustees to the Town Council. Does not agree
with striking the language requiring color chips and a materials board.
Michael B. said that when we get to the point where we address snow storage, we should
change it back to 5% of the lot area rather than parking area.
Tom P. would like to be more black and white about the building height definition.
Would like to modify the last sentence rather than strike it "no midpoint should exceed
applicable building height" rather than "no portion of the structure should exceed
applicable building height". Would like to add more of a roadmap within the definition
for Building Height. Concerning the definition for Ordinary High Water Mark should
include language stating that this is different from High Water Mark and 100 year event
in order to mitigate conflict.
• Scot H. suggested staff creating a helpful guide with illustrations and definitions
for Ordinary High Water Mark and Building Height.
Sage P. likes the idea of a helpful guide that speaks in laymen's terms.
Motion by Jeff A., second by Elliot H., to continue Ordinance TBD — Series 2023
Amending Chapter 16 and Appendix B of the MMC to March 8, 2023. Motion passed 5-
0.
Note: Sage P. is attending in her status as an alternate.
Note: 5 minutes recess called at 7:44 pm.
9. DISCUSSION /DIRECTION
9.1 2023 Community Plan Review
Scot H. presented the objectives and action items that are most relevant to the planning
commission.
Tom P. asked where is it laid out that applications that are submitted needs to conform to
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February 22,2023
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the 2023 Community Plan?
• Scot H. said that it depends on the process. PUDs require conformance with the
Master Plan, but DRB applications do not. Not everything is required to conform
with the Community Plan.
• Tom P. said that maybe this should be referenced in the opening of the code. He
requested that there be findings for applications that come before the Planning
Commission if something does or does not conform to the Community Plan.
Scot H. gave an update on his plan to tackle the Chapter 16 Update.
Jeff A. asked that agendas moving forward have a placeholder for the Community Plan
and the Planning Commission should discuss it 30 minutes a meeting.
• Elliot H. suggested that we list which chapter we are going to talk about on the
agenda to give people a heads up of what will be discussed.
10. STAFF REPORTS
11. PLANNING COMMISSION COMMENTS
12. FUTURE MEETINGS
12.1 March 8, 2023
12.1.1 Tom P. will be zooming in.
12.2 March 22, 2023
12.2.1 Tom P. will be zooming in.
13. ADJOURN
Motion by Tom P., second by Jeff A., to adjourn the regular meeting of February 22, 2023 at
8:46 pm. Motion passed 5-0.
Note: Sage P. is attending in her status as an alternate.
ATTEST:
'L
Teach, Commission Chair
Scot Hunn, Planning Director