HomeMy Public PortalAboutPlanning Commission Minutes 04-26-2023Mintum Planning Commission
April 26, 2023
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Planning Commission Official Minutes
Wednesday April 26, 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 INFORMATION 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/82779164246
Zoom Call -In Information: 1 651 372 8299 or 1 301 715 8592 Webinar ID: 827 7916 4246
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 Amanda Mire, Sage Pierson, and Jeff Armistead.
Staff Member Present: Planning Director Scot Hunn and Assistant Town Attorney Richard
Peterson-Cremer.
Note: Michael Boyd and Tom Priest are excused absent.
3. APPROVAL OF MINUTES
3.1 April 12, 2023
Lynn T. asked that page 3 of the minutes be changed to make clear that Amanda M.
asked a question and staff clarified the answer.
Motion by Jeff A., second by Sage P., to approve the minutes of April 12, 2023 as
amended. Motion passed 4-0.
Note: Michael B. and Tom P. are excused absent.
4. APPROVAL OF AGENDA Opportunity for amendment or deletions to the agenda.
Motion by Jeff A., second by Amanda M., to approve the agenda as presented. Motion
Minturn Planning Commission
April 26, 2023
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passed 4-0.
Note: Michael B. and Tom P. are excused absent.
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
7.1 Planning Commissioner Training
Richard P. -C. outlined the training presentation. This is a lot of information but is
designed to outline the legal, quasi-judicial review, and formal procedure when land use
regulations are reviewed. Mr. Peterson-Cremer also reviewed ex parte contact, conflicts
of interest, disclosure, and recusal best practices.
Questions/Discussion:
Amanda M - asked when there are legislative and quasi-judicial matters addressed in the
same meeting (for the same proposal such as an annexation plus rezoning, for instance),
will it be clear when the Planning Commission is acting in a legislative vs. quasi-judicial
manner?
Richard P. -C. — addressed the question.
Amanda M. — asked about conflicts of interest and, specifically, when or with how much
notice a Planning Commission member should disclose a potential conflict?
Richard P. -C. — stated that Commission members should always provide as much notice
as possible/practical and that there are circumstances when disclosure the day of a public
hearing cannot be avoided.
8. DESIGN REVIEW AND LAND USE PUBLIC HEARINGS
9. DISCUSSION / DIRECTION
9.1 2023 Community Plan Review — Chapter 4
Lynn T. read each objective and action and provided opportunities for each commission
member to ask questions, provide comments or discuss.
• Action 4.1.1:
Minturn Planning Commission
April 26, 2023
Page 3 of 5
Jeff A - Expansion of ADU allowance across zone districts (making ADU's uses
by right), as one recommendation, is a broad stroke action which could have some
advantages, but we need to be careful on how that happens (thinking about
potential impacts on neighboring property owners and ensuring good standards
for ADU). Need to consider individual location and surrounding uses/proximity.
If an applicant can meet standards, should be allowed. If ADUs were allowed in
all zone districts, it would be up to individual applications to meet standards.
Amanda M. — Stated her agreement with Jeff A. and the need to rely on standards.
Lynn T. - Believes that ADUs are already permitted in most districts now (with
some restrictions/process). Need to ensure that code addresses standards
(setbacks, impacts, and parking). Does not agree that fees should be waived to
incentivize ADUs or deed restricted units; everyone should be treated fairly in
comparison to those who have already built rental units.
Sage P. — Stated that she also does not agree with waiver of fees or incentives.
Jeff A. — We don't currently have the water to serve ADUs; so, perhaps the
objective (recommendation) of the Community Plan is not relevant until such
time that the Town resolves its water issues?
Lynn T. — does an ADU require a full tap?
Scot H. — Believe that ADUs require %2 tap; also based on square footage.
Amanda M. — Can an ADU in a mixed -use district be converted to commercial
use?
Scot H. — Theoretically, yes. Believe there could be building and/or fire code
issues involved in converting residential to commercial, but from a zoning
perspective, such conversion would likely be permitted so long as standards and
potential impacts are addressed.
Amanda M. — Regarding tap fees, is there a difference between residential,
commercial and ADUs?
Scot H. — Yes, tap fees for residential and commercial use are calculated
differently.
• Action 4.1.2: No Comments.
• Action 4.2.1: No Comments.
• Action 4.2.2: No Comments.
• Action 4.2.3: No Comments.
• Action 4.2.4: No Comments.
• Action 4.3.1: No Comments.
Minturn Planning Commission
April 26, 2023
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• Action 4.3.2: No Comments.
• Action 4.4.1:
Amanda M. — to clarify, linkage fees can be used for different types of things that
the community needs, not just housing?
Jeff A. — not necessarily in favor of new taxes or fees aimed at new development
may not be the best approach
• Action 4.4.2: No Comments.
• Action 4.5.1: No Comments.
Amanda M. - asked that Lynn read M. Boyd's comments regarding updating the
community plan to reflect recently changed water tap moratorium;
Scot H. - explained that the Plan is advisory and was just adopted; it will not be
updated to reflect new moratorium language at this time.
• Action 4.5.2: No Comments.
• Action 4.5.3: No Comments.
• Action 4.6.1: No Comments.
• Action 4.6.2: No Comments.
• Action 4.6.3:
Jeff A. - need to move forward in the near future and when we do revisit the AMI
levels, should consider a sliding or graduated scale.
Scot H. — staff will facilitate a discussion with County Housing staff to educate
Planning Commission on current AMI and other housing factors/trends.
• Action 4.7.1: No Comments.
• Action 4.7.2: No Comments.
• Action 4.7.3: No Comments.
• Action 4.8.1:
Amanda M. — asked staff to clarify what "IH" means?
Scot H. — clarified that IH is acronym for "Inclusionary Housing" as in the
Town's Inclusionary Housing ordinance.
• Action 4.8.2: No Comments.
• Action 4.9.1: No Comments.
• Action 4.9.2: No Comments.
• Action 4.9.3: No Comments.
Minturn Planning Commission
April 26, 2023
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10. STAFF REPORTS
11. PLANNING COMMISSION COMMENTS
No Planning Commission comments.
12. FUTURE MEETINGS
12.1 May 10, 2023
12.2 May 24, 2023
13. ADJOURN
Motion by Jeff A., second by Sage P., to adjourn the regular meeting of April 26, 2023 at
8:12 pm. Motion passed 4-0.
Note: Michael B. and Tom Priest are absent.
Lynn Teach, Commission Chair
ATTEST:
Scot Hunn, Planning Director