HomeMy Public PortalAboutPlanning Commission Minutes 08-09-2023Minturn Planning Commission
August 9, 2023
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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.
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August 9, 2023
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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.
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August 9, 2023
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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
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August 9, 2023
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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.
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August 9, 2023
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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.
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August 9, 2023
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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
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August 9, 2023
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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