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HomeMy Public PortalAboutPlanning Commission Minutes 08-09-2023Minturn Planning Commission August 9, 2023 Page 1 of ., Planning Commission Official Minutes Wednesday August 9, 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.or . 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:Hus02web.zoom.us/i/89058958897 Zoom Call -In Information: 1 651 372 8299 or 1 301 715 8592 Webinar ID: 890 5895 8897 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 p.m. 2. ROLL CALL & PLEDGE OF ALLEGIANCE Those present at roll call: Planning Commission Chair Lynn Teach and Planning Commission Members Amanda Mire, Michael Boyd, and Jeff Armistead. Staff Members Present: Planning Director Scot Hunn and Planner I Madison Harris. Note: Tom Priest and Sage Pierson are excused absent. 3. APPROVAL OF MINUTES 3.1 July 26, 2023 Motion by Jeff A., second by Amanda M., to approved the minutes of July 26, 2023 as presented. Motion passed 4-0. Note: Tom P. and Sage P. are excused absent. 4. APPROVAL OF AGENDA Opportunity for amendment or deletions to the agenda. Motion by Jeff A., second by Michael B., to approve the agenda as presented. Motion passed 4-0. Note: Tom P. and Sage P. are excused absent. Minturn Planning Commission August 9, 2023 Page 2 of 7 5. DECLARATION OF CONFLICTS OF INTEREST Jeff A. is the applicant's representative for Agenda Item 8.2 759 Main Street — Bianchi Driveway and will be recusing himself for that agenda item to present. 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 spealring are requested to state their name and address for the record. No public comment. 7. SPECIAL PRESENTATIONS 8. DESIGN REVIEW AND LAND USE PUBLIC HEARINGS 8.1 962 Main Street — Changes to Approved Plans Madison H. introduced the project. This is a project that came before the Planning Commission last year with a pool proposed originally. They applied a few months later for changes to approved plans to remove the pool along with some other changes, and now they are applying to add the pool back into the plans. Building and impervious coverage limitations are adhered to, and parking requirements have not been affected. Staff is recommending approval. Warner Hopkins, Representative Pool was originally approved in January 2022. Due to discussions considering the Exterior Energy Offset Program the pool was removed and has now been added back in. Public comment opened. No public comment. Public comment closed. Jeff A. would like to double check the numbers for the lot and impervious coverage. Amanda M. asked for clarification on the EEOP fees. Michael B. doesn't have any issue with this. Lynn T. agrees. Motion by Amanda M., second by Michael B., to approve 962 Main Street — Changes to Approved Plans with conditions. Motion passed 4-0. 1. Staff should doublecheck the numbers for building/impervious coverage, but this does not need to come back to Planning Commission. Note: Sage P. and Tom P. are excused absent. 8.2 759 Main Street — Bianchi Driveway Note: Jeff A. recused himself. Scot H. said that this is atypical in that we are only reviewing a driveway, not house plans. This fits within the definition of development and so ends up in front of the DRB. Mintuna Planning Commission August 9, 2023 Page 3 of 7 The main focus has been on a grading permit and civil engineering. One thing that is important to pay attention to is the hillside building regulations which don't get triggered often. This lot does have some steep portions which does trigger this. Planning Commission should focus on the effects on the lot as well as revegetation plans. Jeff Armistead, 1632 Main St, Applicant. This is going to be a construction access driveway as his sister and parents want to build up there. This is a challenged site. Currently there is a dirt road that goes up there with the Town water line going up to the tank. Part of the scope of work requires realignment of this water line. This is a switchback road. There is one section that will have a pretty deep cut to it with a large retaining wall. Public comment opened. Jeff Miller, 350 King Ranch Rd. Would like Mr. Armistead to clarify how many houses are going to be up there. Has concerns on the use of an easement on the McFarlane property. Has questions about snow removal at the first hairpin turn at Martin Creek where it will end up in the Eagle River. Claire Beck, 515 King Ranch Rd. Asked if it would be a paved road. Has concerns about trees being taken down and would like to investigate a way to keep the land open and not develop it. Mike Medina, 950 Main St What does this do to the access as they have access through that road as well. Rod Cordova, 701 Main St Stated that this is a shared easement from Lot 1 which was donated to the Town by Ms. Marcella Carter. Has questions about the proposed wall height of the retaining walls. There will be hazards for Lot 1 and would like to know the distance between the work and the property line, as well as the length of the retaining wall. There are rock hazards which shed rocks all of the time. There needs to be a safety plan in place for the people in the structures below. Will it require blasting? How has the Army Corps been involved concerning the wetlands. Has concerns about the snow plow as well. Has intentions to revamp his property. Tony Wheeler, Lot 1. The retaining wall starts at an extremely steep portion. Would like to see the retaining wall extended to protect the people below. Would like to know how far the road is from their property line, as well as how far the retaining wall . Would like to know who is responsible for the road's upkeep. Nathan Parrish, 232 Main Street The entrance to the driveway is right at the drainage that was put in where the sidewalk was done. Has there been any enviromnental impact study done? Concerns over the water quality impacts. Since this is a shared easement is there anything written into the Mintum Planning Connnission August 9, 2023 Page 4 of 7 easement that restricts what can be done on the property. Amanda M. asked if any of the easement questions have been answered by Land Title. Is there any other addressing of the wildlife. Michael B. also asked for clarification on the Land Title. Would like the Town Attorney to clarify the ability of the Town to allow someone else to use their easement. Would like to know who is paying for the water line realignment. Do we have a timeframe for the waterline disturbance, would the Applicant be bonding for that? Liability for rockfall? Lynn T. would like to know the length of the driveway, and who will maintain it. Had concerns about snow storage/drainage, who gets affected by the water outage, removal of the trees as well as stability, wildlife. Mr. Armistead responded to the comments as follows: Jeff Miller — Any concerns regarding easements has previously been told it's a civil matter, but since this is an easement that involved the Town, the Town legal team should weigh in. They will not be touching the initial section of the road due to how it would effect the creek even though it's a little steep (10-12%). Because it's so steep, the Applicant has discussed snow melting that section so that chemicals aren't going into the creek. Claire Beck — It might not all be paved, but a large portion of it will likely be paved. The less steep section might be kept as dirt. Walls will be engineered by a Colorado licensed structural engineer. The retaining wall starts where is does due to grade. It is about 7-10 feet from the property line. Mike Medina — Need to talk to legal about easement language Height of wall is about 14.5' from top on the downhill side and 18' on the uphill side. Rod Cordova — Rockfall hazards, hope there isn't any blasting necessary, very conscious of everyone living beneath the road and don't want to jeopardize anyone's safety. They have had Kumar do soils study and there hasn't been any movement or seismic activity that we should be concerned about. The retaining wall is about 150' long. The grading permit requires a Colorado stormwater discharge permit which requires them to meet criteria concerning not impacting the creek in a negative way or disturbing the riparian area. There are places where there are pullouts that will be proposed to push snow too. Tony Wheeler — This will be a private road so the applicant will be in charge of maintaining the road. The easement covers the Town's right tol dig up the road for water line maintenance, but other than that, the property owner is the one who maintains it. There will be disturbance to the property concerning wildlife. The intent is to cut down as few trees as possible. The only consumptive use of water is to re-establish the vegetation (typically over a 2 year period) and then it will be left to native. There are some mitigation measures being considered concerning any noxious weeds. Amanda M. — does not know the affect that putting this road in will do to the wildlife. Michael B. — concerning the water line and who is paying for it, the cost is currently proposed to be on the Applicant. Concerning timeline for connecting the line, it is proposed to happen in a day. Lynn T. — Driveway about 1450' long. Mintum Planning Commission August 9, 2023 Page 5 of 7 Amanda M. asked about the construction timeline and whether that would be coordinated with the wildlife migration paths. • Mr. Armistead said that it will likely take more than one summer and there will be no building in the winter. • Amanda M. asked about if the Town will pay for anything • Mr. Armistead said that the Applicant will be paying for the main, but the Town will be paying for the service to the Medina's. Lynn T. would like to understand the impacts of the purifying the water after being taken offline, what taps the Medina's have, and wildlife impacts. Scot H. would like to remind everyone that this is a platted lot and should be treated like every other lot in town concerning wildlife. Concerning the easements, any that are existing should remain as existing though there will be certain things to be worked out. Michael B. would like to have the Town Attorney to weigh in on this concerning liability on the Town. Motion by Lynn T., second by Amanda M. to review this as conceptual 759 Main Street — Bianchi Driveway with the intention of gathering more information. Motion passed 3-0. Note: Jeff A. is recused. Note: Sage P. and Tom P. are excused absent. Mr. Cordova requested that the Town Engineer be at the next hearing on this matter. Note: 5 minutes recess called at 8:17 p.m. Note: Jeff A. unrecused himself. 9. DISCUSSION / DIRECTION 9.1 Colorado Parks and Wildlife Devin Duvall, District Manager, Colorado Parks and Wildlife gave a presentation. Discussion ensued. 10. STAFF REPORTS 10.1 Manager's Report Wildlife & Trash Service Wildlife is out! We appreciate that humans are infringing on the wildlife's habitat, and we should be cognizant of our impacts. All residents and businesses are required to have wildlife proof trash containers if they are kept outside. Unfortunately, this doesn't do any good when those containers are broken (by wildlife) and not replaced with new containers in a timely manner. The town continues to struggle with timely service for the repair and/or replacement of broken refuse containers and it is the wildlife that will suffer. The staff is now considering bringing forward an RFP for a new trash service contract. Some of the containers around town have been waiting almost a month for replacement. Mintum Planning Commission August 9, 2023 Page 6 of 7 Geronimo — (Frank Sanders' Car) Most of you are familiar with Frank's car. Here is a picture for anyone unfamiliar with the blue, rusted, vehicles which has lived on the 100-block of Main Street for decades: The vehicle was recently towed to the Eagle Park parking lot for repairs. Public parking requirements include the moving of vehicles every 72 hours. Typically, a vehicle in violation would be ticketed and then towed. Staff acknowledges the history of this vehicle within the community and seeks direction from Council on addressing this funky and eclectic issue without having it towed. Water Rates Special Edition Newsletter The second edition of the Water Newsletter Series went out on July 27, 2023. This edition covered water rates and how they are calculated. Here is a link to the two Special Edition Water newsletter issues thus far: https://www.mintum.org/home/news/special- edition-newsletter-understanding_ your -water -bill. Dog Poop Pick-up Signs A recent Council discussion centered around the dog leash law, which quickly divulged into a poop pick-up discussion. Unfortunately, even with the installation of 15+ dog waste stations around town with free dog bags provided, some dog owners are still choosing not to pick up their dog's poop. This is happening throughout town, is against the law and most importantly (in my opinion) makes for terrible resident behavior. Typically, the town takes a friendly approach to addressing issues when possible. For this issue, a friendly approach is no longer possible. The following signs are being installed around town identifying this poor behavior in the hopes that shame will make these dog owners pick up the poop. Water Treatment Plant Alternatives Analysis I am hopeful the updated water treatment plant alternatives analysis will be completed by the end of July. Staff and consultants are preparing for a discussion with the Water Committee in early August and then a public discussion will (hopefully) take place by the August 16, 2023, council meeting. Eagle County Community Wildlife Roundtable The Roundtable met on Wednesday, July 26th for an update on the mapping progress the steering committee is making. With the award of the $75,000 grant along with matching funds from the Vail Valey Mountain Trails Alliance, Eagle Valley Land Trust, and others, the group is working to better understand the direction of the Roundtable. The steering committee will bring forward updated mapping along with draft charter language for the entire Roundtable to review in late September. Evacuation Planning — Let's be prepared! I am currently working with the Eagle County Sheriff's office for a tabletop evacuation exercise next spring. This exercise will include all parties who respond in the event of a natural disaster/emergency and is extensive in nature. The exercise is internal for the purposes of coordinating the event. We expect to follow-up this exercise with a full, town -wide evacuation drill the following spring of 2025. Main Street Sidewalks Phase II Work is getting underway in preparation for phase two of the sidewalk construction along Main Street/HWY 24. This work will be the construction of curb, gutter, drainage, and sidewalk from the current southern end of sidewalks southward as far as funding will allow. Early work will include surveying, sub -utility engineering, and completion of the Mintum Planning Commission August 9, 2023 Page 7 of 7 design and engineering documents. 11. PLANNING COMMISSION COMMENTS Lynn T. said that Rebecca with Antique Accents will be moving into 141 Main within the next couple of weeks. 12. FUTURE MEETINGS 12.1 August 23, 2023 12.1.1 Scot H. will not be here 12.2 September 13, 2023 13. ADJOURN Motion by Jeff A., second by Michael B., to adjourn the regular meeting of August 9, 2023 at 9:49 p.m. Motion passed 4-0. Note: Tom P. and Sage P. are excused absent. Lynn ach, Commission Chair ATTEST: Scot Hunn, Planning Director