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HomeMy Public PortalAboutPlanning Commission Minutes 09-13-2023Minturn Planning Commission September 13, 2023 Page 1 of 7 Planning Commission Official Minutes Wednesday September 13, 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://us02web.zoom.us/i/88536225396 Zoom Call -In Information: 1 651 372 8299 or 1 301 715 8592 Webinar ID: 885 3622 5396 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, Tom Priest, and Jeff Armistead. Staff Members Present: Town Manger Michelle Metteer, Planning Director Scot Hunn, Town Engineer Jeff Spanel, and Planner I Madison Harris. Note: Sage Pierson is excused absent. 3. APPROVAL OF MINUTES 3.1 August 9, 2023 Lynn T. requested the following be changed: on page 4 under Amanda M. "asked if any of the questions "have" been answered", on page 4 after Tony Wheeler "The easement covers the towns right "to" dig up", and "will "be" left to native", and on page 5 "Lynn T. would like to understand the impacts "of' purifying the water." Motion by Michael B., second by Tom P., to approve the minutes of August 9, 2023 as amended. Motion passed 5-0. Note: Sage P. is excused absent. Minturn Planning Cotmnission September 13, 2023 Page 2 of 7 4. APPROVAL OF AGENDA Opportunity for amendment or deletions to the agenda. Motion by Amanda M., second by Jeff A., to approve the agenda as presented. Motion passed 5-0. Note: Sage P. is excused absent. 5. DECLARATION OF CONFLICTS OF INTEREST Jeff A. needs to recuse himself for agenda item 8.1: 759 Main Street — Bianchi Driveway as he is the Applicant's Representative. 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 8. DESIGN REVIEW AND LAND USE PUBLIC HEARINGS 8.1759 Main Street — Bianchi Driveway Note: Jeff A. has recused himself. Scot H. introduced the agenda item. This proposal was reviewed at the August 9, 2023 meeting. There were quite a few questions and comments that came from that meeting. There are existing easements that cover access across Lot 1 as well as Lot 2. Staff has consulted with the Town Attorney Mike Sawyer. He agrees that the requisite easements are in place, however they are mostly helpful for the current alignment of the road rather than the new alignment. There are conditions attached to the staff memo that cover vacating and reapplying easements. Jeff Armistead, 1632 Main St, Representative. Nothing has changed plan -wise. Would like to clarify on condition 6 in the staff report that the referred triangle of land is not just an easement for the Town, but was deeded to the Town. There is no issue for legal access to the property. Amanda M. asked about the conditions for the easement. There is a portion of the old road that should be maintained, so will that be added to the conditions? • Scot H. said that it could be that that portion of the road might not be vacated. Amanda M. pointed out that the ERFPD said that there might be delay of service in wet or icy conditions, so wanted to know if Mr. Armistead had followed up on that comment. • Mr. Armistead said that he has walked the property with Mick Woodworth and he is fine with it. Tom P. asked about the grade. • Mr. Armistead said the steepest part of the road is the initial turn in which will not be touched due to creek impacts. Minturn Planning Commission September 13, 2023 Page 3 of 7 Tom P. asked if the results of the conditions are sequential steps or one package. • Scot H. said that it would be multiple steps including a couple of resolutions. Michael B. does not have any questions at this point. Public comment opened. Rod Cordova, 701 Main Street. Would like to know the impacts to Lot 1 with the vacations of the easements and what can they expect. Would like to know the size of the road: 15' vs. 20'. Would like an explanation of what the storm water plan entails. The location of the creek is critical. What are the setbacks to this creek? When will the snowmelt talked about be included in the plans? There are engineering questions that are needing to be answered. Need some assurance that any survey monuments will be replaced if disturbed. • Scot H. said that the easements across Lot 1 are not proposed to change. The 15' vs. 20' is a utility easement vs. an access easement. • Jeff S. said that the current drainage plan is in a preliminary stage right now, but it will have no impact on Lot 1. • Mr. Armistead said that he is a very big advocate for stream health and is aware that creek health is very important. They will do their best to ensure that there is no impact to the creek. There are quite stringent rules for the storm water permit. Concerning the retaining wall, all of that has been designed by a structural engineer. If there is any blasting required then Mr. Cordova will be alerted first. They will be diligent about maintaining the survey monuments. • Scot H. said that the 30' setback applies to any manmade structure or improvement, there are exceptions for utilities and roof overhangs. There are existing utilities under the existing access road that are likely within 30-40' of the stream. The current proposed alignment keeps the existing width so we would most likely look at the pre-existing non -conformities section as well as a plat note from 1999 that says that any improvements to the road will mean that the road is brought up to Town standards so does this plat note trump the stream setback regulations? • Mr. Armistead said that the road is in the 30' setback so anything they do will be affected. • Scot H. said that there is another code provision that requires reasonable use of property. Tom P. asked what the potential mitigation efforts would be. • Mr. Armistead said that one thing would be a curb and gutter that would direct all of the water onto Hwy 24 to the storm drain. • Jeff S. said that there might need to be a storm water quality device at the first bend of the road. Mr. Armistead said that concerning the snowmelt system, they are still working out how much of the initial road portion is snowmelted. Mintum Planning Commission September 13, 2023 Page 4 of 7 Rosa Cordova, 701 Main St Would like to clarify if the easement is vacated on Lot 1. • Mr. Armistead said that they are not proposing to change the easement on Lot 1 • Ms. Cordova is concerned about run-off towards the house closest to the road as well as safety impacts to the houses below while building. • Mr. Armistead said that he would do everything he could to mitigate any affects to the houses during and after the construction process. • Scot H. reminded everyone that before projects break ground, a pre -construction meeting is required with the contractors, the applicant, staff, Public Works, so maybe the Cordova's should be invited to that meeting. • Jeff S. pointed out that the plans will need to change to add the curb and gutter. • Mr. Armistead said that he will be talking to his civil engineer about mitigation practices. Mike Medina, 950 Main Street. Still wondering about the access that his parents have on that road. What kind of maintenance will be done on the road. Mr. Armistead said that they aren't proposing any changes to the Medina's easement, the property owner will maintain the road that is on their property, everything else Tony Wheeler, 751/761 Main St Would like to reiterate the concern of the deterioration of Lot 1. His wife and him have plans for future development of Lot 1. Did ask about the retaining wall and whether that can be extended to protect both houses below. Erosion is a concern. Concerned about boulders coming down and crashing into the dwellings. Would like to know who is responsible for paying any damages to Lot 1. • Mr. Armistead said that he isn't going to let boulders fall on peoples houses. The plans are designed to protect and not cause problems for adjacent properties. If the retaining wall is to be extended then the entire plan would have to change. He isn't going to make the conditions any worse. Mr. Cordova would like contractor parking to be planned. Public comment closed. Motion by Michael B., second by Tom P., to approve the proposed driveway at 759 Main Street with the following conditions. Motion passed 4-0. 1. The Applicant shall vacate the existing 20' wide "Access and Utility Easement" as depicted on the 1999 Final Plat for South Minturn Estates, filed at Reception Number 702733. 2. The Applicant shall seek approval from the Minturn Town Council to vacate the existing 15' wide "Town of Mintum Utility Easement" filed at Book 673, Page 959, and as depicted on the 1999 Final Plat for South Minturn Estates, filed at Reception Number 702733. Mintum Planning Commission September 13, 2023 Page 5 of 7 3. The Applicant shall provide the Town new easement documents, to be approved by the Minturn Town Council, and which will be provided for the purpose to recreate access and utility easements in new locations and with new alignments in accordance with approved plans for the driveway project on Lot 2; and to allow for construction of the driveway and all appurtenances, lines and structures necessary to meet Town standards and requirements. 4. The Applicant shall seek approval from the Minturn Town Council to relocate and reconstruct the Town of Minturn 12" water main line consistent with 100% construction drawings approved by the Town as part of the Town of Minturn grading permit application and approval process. The applicant will provide security for the improvement to the Town in the amount of 110% of the construction cost estimate. 5. The Applicant shall provide cost estimates for the driveway project based on 100% construction drawings as part of the Town of Minturn Grading Permit application and approval process, and shall subsequently work with the Town to provide financial guarantees (Letter of Credit, bond, or other acceptable surety) prior to commencement of construction activities for the driveway project. 6. The Applicant shall seek approval from the Minturn Town Council to obtain an easement or encroachment license for that portion of the driveway project located on Town property between Lot 2 and King Ranch Road, otherwise referred to on the 1999 Final Plat for the South Minturn Estates Minor Subdivision as the "McFarlane to Town" parcel. 7. The Applicant will pay the costs of surveying the easements, reimburse the Town's expenses, and provide the Town with as -built surveys of all relocated infrastructure. 8. The Eagle Fire Protection District letter be reviewed by Council 9. The Applicant shall work with staff to address Inter -Mountain Engineering's comments. 10. Staff shall clarify what specific mitigation measures shall be taken in regards to the creek, Lot 1, and soil run-off. Scot H. would like to work on additional wording for conditions 1 and 2 to make it clear that they only apply to Lot 2 rather than Lot 1. Note: Sage P. was excused absent. Note: Jeff A. unrecused himself. 8.2 Ordinance TBD — Series 2023 Amending Chapter 16, Article 16 of the Minturn Municipal Code Madison H. introduced the ordinance. Briefly, the following amendments are proposed: Adding "for all zone districts except for the 100 Block Commercial Zones" to the section titles of Sec. 16-16-20, 16-16-30, and 16-16-40, After the 100 Block Design Guidelines and the associated code sections were passed and/or updated, the MMC has a new section that deals exclusively with the parking standards within the 100 Block. These standards were meant to be in place of the parking standards that apply to everywhere else in Town. These sections above were not amended to make clear that they do not apply to the 100 Block Commercial Zones, and thus, if you read Article 16 now the parking standards for the 100 Block and the parking standards for the rest of Town appear to be in conflict with Minturn Planning Commission September 13, 2023 Page 6 of 7 each other. Staff is proposing this amendment to fix the section titles only, not touch the parking standards themselves, so that these sections are not in conflict with each other anymore. Public comment was opened. No public comment. Public comment was closed. Motion by Tom P., second by Amanda M., to forward a recommendation of approval of Ordinance TBD — Series 2023 Amending Chapter 16, Article 16 of the Minturn Municipal Code to the Minturn Town Council. Motion passed 5-0. Note: Sage P. was excused absent. 9. DISCUSSION / DIRECTION 10. STAFF REPORTS 10.1 Scot H. gave an update on the Chapter 16 update. 10.2 Manager's Report Main Street/HWY 24 Safety Improvements (Bulb -Outs) It is no easy task to pull out from a side street onto Main Street in Mintum. Line of sight is nearly impossible and although the Minturn Municipal code requires no parking within 80' of intersections, almost every Main Street intersection ignores this requirement, some require as little as 15'. Main Street is classified as a "Collector Road." Here is the table in Chapter 4 of Appendix C, Table 2.01 of the Minturn Municipal Code requiring 80' distance of no parking on Main Street intersections: https:Hlibrary.municode.com/co/mintum/codes/charter — and _municipal_code?nodeld=M UNICIPAL_CODE_APXC_CH4RODETECR_2.01 MIDRPADIIN Although many scenarios we work with in the town provide for a give and take and looking for some level of balance, safety is rarely one of those situations. The staff recognizes the need to accommodate on -street parking as many residences and businesses do not support adequate on -site parking. For that reason, Jeff Spanel at Inter -Mountain Engineering ("IME") has conducted a study to determine if the town can find adequate line of sight at Main Street intersections that are less than 80'. In IME's study, the greatest no -parking distance is limited to 60' at the intersection of Meek Ave and Main Street (see page 4 of attached IME Design analysis). Additionally, this analysis is only for temporary bulb outs in the summer months. Staff would like to present these safety improvements, which are also recommended in the newly approved Minturn Community Plan, to CDOT for approval and implementation next summer (spring/summer 2024). Extensive outreach to the community would be required in advance of this work. Main Street/HWY 24 Safety Improvements Phase II Sidewalks I met with the expanded CDOT team on Monday, August 28th to discuss the Main Street/HWY 24 Phase II Sidewalk Improvement Project. Once again, temporary easements will be a large part of the preliminary work to be done for the project. As a Minturn Planning Commission September 13, 2023 Page 7 of 7 reminder, temporary easements are what the town uses to have room to walk on resident's private property and tie back into driveways. This is NOT a taking and the land remains in the ownership of the resident. When property owners fight the temporary easement process it can cost the town significant additional funds. The grant currently has $208k set aside for the purchasing of temporary easements. If residents are not agreeable, it will cost much more than this estimate. Former Council members such as the Scherr family have been kind enough to not charge the town for the use of the temporary easement, however this has proven to be a rarity. Because the town did not receive our full asking amount for the grant (we asked for $2.2M and received $1.7M with matching funds) CDOT has recommended the Town pay for the temporary easements out of pocket to allow the project to extend further down Main Street and avoid significant levels of paperwork that come with addressing temporary easements as part of state and federal funding. If the Council is interested, the $208,000 would come from the capital projects reserve line in the budget and would allow the project to extend approximately 235 feet further down Main Street (on both sides). 11. PLANNING COMMISSION COMMENTS Jeff A. said that the Hometown Throwdown is September 301h, and the annual Halloween party might be at the Saloon. 12. FUTURE MEETINGS 12.1 September 27, 2023 12.2 October 11, 2023 12.2.1 Amanda M. and Jeff A. might attend via zoom 12.2.2 Scot H. and Michael B. won't be here 12.2.3 Tom P. leaving Oct 15 for four weeks 13. ADJOURN Motion by Jeff A., second by Amanda M., to adjourn the regular meeting of September 13, 2023 at 7:53 p.m. Motion passed 5-0. Note: Sage P. is excused absent. ATTE Scot B