Loading...
HomeMy Public PortalAboutPlanning Commission Minutes 09-26-2018Minturn Planning Commission September 26, 2018 Page 1 of 8 Official Minutes MEETING OF THE MINTURN PLANNING COMMISSION Minturn, CO 81645 • (970) 827-5645 Wednesday September 26, 2018 Regular Session — 6:30pm CHAIR — Lynn Teach COMMISSION MEMBERS: Jeff Armistead Lauren Dickie Burke Harrington Greg Gastineau Greg Sparhawk These minutes are formally submitted to the Town of Minturn Planning Commission for approval as the official written record of the proceedings at the identified Council Meeting. Additionally, all Council meetings are tape- recorded and are available to the public for listening at the Town Center Offices from 8:30am — 2:00 pm, Monday through Friday, by contacting the Town Clerk at 970/827-5645 302 Pine St. Minturn, CO 81645. Work Session — 5:30pm • Site Visit — Union Pacific Railroad Property walk through (meet at Turntable Restaurant Parking Lot) Note: Due to a conflict of Interest Burke Harrington did not attend or participate in the Worksession. Regular Session — 6:30pm 1. Call to Order Lynn T. called the meeting to order at 6:30pm • Roll Call Those present at Roll Call: Lynn Teach, Greg Sparhawk, and Jeff Armistead Minturn Planning Commission September 26, 2018 Page 2 of 8 Note: Lauren Dickie, Greg Gastineau, and Burke Harrington were excused absent. Staff Members Present: Town Planner Scot Hunn, Town Manager Michelle Metteer, and Town Clerk/Treasurer Jay Brunvand. • Pledge of Allegiance 2. Approval of Agenda • Items to be Pulled or Added Motion by Greg S., second by Jeff A., to approve the agenda as presented. Motion passed 3-0. Note: Lauren Dickie, Greg Gastineau, and Burke Harington were excused absent. 3. Approval of Minutes • August 22, 2018 Motion by Jeff A., second by Greg S., to approve the Minutes of August 22, 2018 as presented. Motion approved 3-0. Note: Lauren Dickie, Greg Gastineau, and Burke Harington were excused absent. 4. Public comments on items, which are NOT on the agenda (5min time limit per person) Mr. Brian Eggleton, 530 Pine St, stated for the record that he was attending as a citizen to listen to the Battle Mtn presentation and that he would not be commenting or asking questions. Burke H. arrived at 6:35pm. 5. Planning Commission Comments 6. Design Review Applications • Bolts Lake PUD Concept Development Plan Review Note: This. is the continued review of the Concept Development Plan for the Bolts Lake Planned Unit Development. Scot H. stated this is a continuation of the conceptual plan for the Bolts Lake PUD. Scot H. outlined the process to date and what he hopes to cover tonight and presented a PowerPoint outlining the PUD process and how the proposal will follow that process. Minturn Planning Commission September 26, 2018 Page 3 of 8 The Applicant, Battle North LLC, requests review of the Concept Plan for Development of the Bolt's Lake Planned Unit Development (PUD), a residentially -oriented project consisting of 700 dwelling units, recreational amenities and open spaces, along with limited neighborhood commercial and mixed-use components to be constructed on roughly 562 acres generally situated on the southern end of the Town of Minturn and designated within the "Bolt's Lake, Gilman, Willow Creek, Rock Creels and Holy Cross Character Area" Zone District. Scot H. stated the approval is a three-step plan: • Conceptual development plan (current stage) • Preliminary plan PUD • Final plan for PUD and Development Agreement Scot H. highlighted changes from the original plan proposed in 2008 and stated this proposal does have a better fit with the code and the constraints of the land. He stated they are working on traffic, wildlife, and fiscal plans and are also involved in the current ongoing water discussions the town is engaged in. Scot H. stated the next steps are: • Planning Commission review: o feedback? o additional meetings? • Planning Commission recommendations to the Town Council • Issues or items needing more study or information • Additional meetings if or as needed. Mr. Tim McGuire, Battle Mtn, presented for the project. He stated there is currently an approved PUD on the parcel fiom 2008. The original plan included a 13 -story 750 -unit condotel. This Conceptual Review contains significant modifications from the original approved project. Mr. McGuire outlined the site, where the hotspots of mine contamination exist, and where this proposal is being considered. He stated in order to allow the parcel to be used for residential use, further remediation in order to bring specific areas to meet EPA standards. The remediation will include approximately 3ft of dirt to be placed on the areas to reduce the contact. The proposal would include 750 units over four development phases. It was recently scaled back further to approximately 700 units. Mr. McGuire introduced Pete Weber, the project architect. Mr. Weber outlined how they developed the project look and how it tries to replicate and emulate other areas of Minturn. The intent is to keep the size of the units and lots down in order to provide a better use of land and create a neighborhood feel. The structures would vary in character to avoid the cookie cutter look. Mr. McGuire reviewed the progress accomplished over the summer. They have attempted to meet with the various stakeholders such as the school district, USFS, emergency services, CDOT, and the town. Mr. McGuire updated on the changes they have made over the past few Mintnrn Planning Commission September 26, 2018 Page 4 of 8 weeks based on items of concern they have heard. One such is to eliminate the current entrance to Maloit Park Rd and move it south approximately 600ft realigning the road away from Cross Creels. Mr. McGuire also reviewed the fiscal impacts and detailed their assumptions. The entire project would progress over 15 consecutive years with Phase 1 extending the first five years. He also outlined a preliminary plan PUD review Schedule. Commission Comments and Questions: Burke H. inquired regarding the currently proposed Construction Use Tax, impacts on schools, traffic impacts and possible traffic light, and hazmat concerns. Mr. McGuire commented on the concerns that they are meeting with the school district and CDOT and are working with the EPA and other organizations on the hazardous material mitigation. Jeff A. asked how involved is it to worts with the more hazardous areas, who is overseeing the process to ensure it is done and done well; the EPA and State Dept of Public Health and Environment (CDPHE). He stated because this entire area is a Superfund site all areas must meet the stringent requirements, not just the most hazardous identified. In regard to the access point moving and increased traffic, Battle Mtn does anticipate this and they foresee turn lanes and whatnot being required. Jeff A. asked of the financial assumptions. Mr. McGuire stated they included the 1% RETT and town sales tax, tap fees, building fees, and other fees. It was noted they have not significantly studied the absorption rate of how the house would be built and sold without having a lot of empty unsold units. The homes are estimated in the $400k - $800k cost (today's dollars). Greg S. asked more questions on the financial impact assumptions. He inquired of the animal migration and potential affects. Mr. McGuire stated this will become more evident once the wildlife study is completed. Lynn T. asked about setbacks and configurations. Mr. Weber stated they are trying to put larger multi -family units along the highway to block sound; however, it is still very preliminary. Jeff A. asked if the wildlife study is being done by an independent company; yes. Mr. Derell Wegert, 1718 Main St, representing the fire district, they are looking at moving and best option scenarios. He stated the District is looking at a fire house in this area and another one at the Dowd Jct area. He continued that the current location is not always the best and easiest due to a residential neighborhood and traffic on Main St. Ms. Darleen Stookey, 1722 Main commented on the wildlife access of the river. Mr. McGuire stated this is being considered and will be outlined in the study once it is completed. He also noted the access points and wildlife/green space areas they are proposing which includes large areas and wetlands. Mr. McGuire summarized the presentation saying they have spent a number of years listening and developing plans around the feedback they have received. This is an ongoing process, there Mintnrn Planning Commission September 26, 2018 Page 5 of 8 will be more meetings and much more public input time as they move to a final approval. His goal is to be prepared to submit a Preliminary PUD within the next month or two. They want the project to move forward and will continue to listen and develop the project to include that citizen input. Mr. McGuire stated he is happy to present and answer questions at his office at 440 Eagle St in a more one-on-one setting. Greg S. commented on what he feels the look of Minturn is and how that should carry to the project to ensure a community that stretches the entire length of the town. Discussion ensued as to the importance to maintain individual buildings not one homogenous development. Mr. McGuire stated they will be using many methods so as to ensure the mix of individuality. Additional discussion addressed the concerns of traffic flow and parking as well as public access to the adjacent areas of the project. Mr. McGuire stated the Concept Plan is for the entire 700 unit project, the each Phase sequence will require a complete review process and would include updates to the various studies and how the buildout is affecting those studies. All this would ensure the concept of the project is what we see at the end of the development. Scot H. noted that the Phase plan allows for changes in the economy and the needs of the community. The original PUD was based on a model that does not work in this current environment. Mr. McGuire stated that they are working on a new annexation agreement to utilize this new model. He said the intent is to have the PUD and the Annexation Agreement approved simultaneously. Jeff A. asked why we had a vote in 2008 but would not need one now? Michelle M. stated if a Referendum is called as a citizen action, then yes, it could go to a vote. Note: Due to a conflict of Interest Burke H recused himself and stepped down from Commission Table for all discussion and voting on the following four items. Burke H. is a UPRR leaseholder in that area and is scheduled on this agenda for a CUP review. It was noted the quorum would consist of Greg S., Lynn T., and Jeff A. Scot H., although they would be listened to separately, introduced all four items as one stating they are all located on the UPRR land and each have a lease agreement with UPRR. Two have an existing CUP and two are requesting a new CUP. Scot H. presented a map of the area outlining where the operations are located along the approximate 100-400 blocks of Railroad Ave east of the Eagle River. It was noted that, in an effort to be inclusive, the town has waived the CUP fees and has also notified all the adjacent property owners in the area including the Taylor Street homes which look over the area. Scot H. noted the enter UPRR is a PUD Holding Zone and although it is currently a relatively industrial area, the intent is not to remain that way but, in the future, to include it in the natural development of the town. As such, this zoned area requires a PUD or Special Review process for anything to operate on the land. Scott H. noted that the process includes review and comment by the Planning Commission, then the Council will review, and make final with a Resolution. Mintnrn Planning Commission September 26, 2018 Page 6 of 8 Turntable Restaurant and Brewery / Minturn Mountain Motel Conditional Use Permit Amendment Request for Restaurant/Motel/Parldng Scot H. stated the request is for an amendment to their CUP to allow for short term rental of their parking plan to allow for subleasing for vehicle and recreational equipment storage (campers, trailers, etc). The sublease spaces would be to users who are not related to the business of hotel or restaurant. Scot H. stated he thought the applicant would be present however that was not the case and he stated the application is unclear as to if they want to reduce their required parking through some sort of exception or in some other way free up parking for the sublease program. Michelle M. expressed she has had a large number of complaints regarding the storage operation and the town is trying to clean up the UPRR properties. She noted this property has been of particular concern. Scot H. reviewed revisions and or additional conditions for the CUP which he has developed as a guideline. Jeff A. asked if the town has the original application; yes. He felt they are requesting approximately 1/3 of the parking to be freed up and felt that was not reasonable nor that it was reasonable to require the citizens to see the issues as the entry to their town. He stated the back (east side) of the building should be cleaned up to include screening the dumpsters, remove the loader, and otherwise clean up. Lynn T. stated the parking in the downtown would be affected if they were allowed a parking exemption. She agreed it needs to be cleaned up. Greg S. was also opposed to the parking reduction. He was opposed to any subleasing of parking for the storage of vehicles or materials not related to the operation of the hotel. The site needs to be cleaned up and the dumpster enclosed. Discussion ensued as to how the CUP time limits should work. It was noted an annual review is difficult to administer. Public Comment was Opened. Mr. Daren Tacholke, 530 Taylor, spoke in opposition and felt there were so many problems on that property and now we want to create more problems. He felt the entire area, all the leases, should be terminated. Mr. David Clapp, 392 Taylor, felt the site was a problem with trash, noise, storage, etc and he was opposed to it. Ms. Jill Koellhoffer, 484 Taylor St., was opposed to exacerbating the problems by changing their CUP to allow unrelated storage Minturn Planning Commission September 26, 2018 Page 7 of 8 Ms. Justina Cross, 212 Taylor St, discussed several of the issues on the property and felt it should be cleaned up. Public Hearing was closed. Lynn T. stated she felt we should not approve the requested amendments and that we should then open a dialog with them in an effort to clean up the site and conform with the existing CUP conditions. Motion by Jeff A., second by Greg S., to deny the amendment of the application and recommend the revocation of the Turntable Restaurant and Brewery / Minturn Mountain Motel Conditional Use Permit Amendment Request for Restaurant/Motel/Parking due to the fact it is not in compliance with the existing conditions. as presented with the following conditions. Motion passed 4-0. Note: Lauren Dickie, and Greg Gastineau were excused absent. • Minturn Builders Alliance Cooperative Conditional Use Permit Amendment Request for Contractor Storage Scot H. discussed the issue. He stated the Co-op is requesting a new CUP, they do not have one currently. They operate a cooperation of contractors that use the site as office, staging, and equipment storage and have some limited personal storage of trailers and what not. Mr. Reid Phillips was present to detail his request. He stated they are operating a business and are trying to keep a professional and business -like environment to further their businesses. He expressed the importance of having such a site at this end of the valley. He stated they have close circuit security cameras used in an effort to police their area from crime. He stated the summer market creates an issue but has been able to work with the town on special events. Mr. Phillips stated he felt if a CUP experiences more than three offences that their CUP be reviewed. Michelle M. considered if conditions are placed on the CUP that storage items be related to construction, the town could then identify by site visit which items don't fall into the CUP agreement. Public Comment opened Mr. Daren Tacholke, 530 Taylor, felt they should be limited to their actual use and not personal storage of recreation equipment. He did feel this applicant has adhered to his business plan. Discussion ensued as to conditions that don't fit his operations such as fuel storage. Jeff A. stated although the lease holders in the area would need a CUP, he felt a standard CUP agreement could be developed to streamline the process and requested tabling the balance of issues until such time as things can be ironed out more thoroughly. Scot H. stated we have a good template available to move forward with. Minturn Planning Commission September 26, 2018 Page 8 of 8 Motion by Greg S., second by Jeff A. to continue the three CUP applications to the October 10, 2018 meeting to allow Staff time to develop a UPRR lease holder CUP template. Motion passed 3-0. Note: Lauren Dickie, and Greg Gastineau were excused absent and Burke H. stood recused. • Cozzens Construction New Conditional Use Permit Request for Contractor Storage Yard Lynn T. opened the public hearing and requested it be continued to the October 10, 2018 meeting Motion by Greg S., second by Jeff A. to continue the three CUP applications to the October 10, 2018 meeting to allow Staff time to develop a UPRR lease holder CUP template. Motion passed 3-0. Note: Lauren Dickie, and Greg Gastineau were excused absent and Burke H. stood recused. • Burke Harrington Construction New Conditional Use Permit Request for Contractor Storage Yard Lynn T. opened the public hearing and requested it be continued to the October 10, 2018 meeting Motion by Greg S., second by Jeff A. to continue the three CUP applications to the October 10, 2018 meeting to allow Staff time to develop a UPRR lease holder CUP template. Motion passed 3-0. Note: Lauren Dickie, and Greg Gastineau were excused absent and Burke H. stood recused. Note: Burke K resumed his seat at the Commission Table. 7. Projects -None 8. Planning Director Report * Chapter 16 Code Revisions Update 9. Future Meetings • October 10, 2018 — Work Session - CUP's 10. Adjournment Motion by Burke H., second by Greg S., to adjourn at 10:20pm. Motion passed 4-0. Note: Lauren Dickie, and Greg Gastineau were excused absent. / IAp t e !'Lyn each, Commission Chair Scot Hunn, Planning Director