Planning Commission - Regular Meeting

good afternoon everybody so far we have two planning commissioners and two board members but we need we need okay great good we have three Say Joey and David and Heather, if you guys could come on screen and perfect. And Heather, do you have the agenda? We can put the agenda on the screen. I sent out this script. We can do that as well.

OK, I'm pulling them up right now too, but.

OK. Great, we need three planning commission members for a quorum, is that right?

Yes.

So we have a quorum. And.

which is good do we have commissioners to commission yeah we do we have andy and elsa okay perfect okay i can go ahead and call this meeting to order i'll do a roll call of planning commission members um joey edwards here jason rufo uh david jurich here ryan hill featherland here Commissioner Tharp. Here. Commissioner Lee.

Here.

And Commissioner Bullock. Okay, we have minutes to approve from April 20th.

I move to approve the meeting minutes from April 20th. I'd read seconds.

Okay, all in favor, aye.

Aye. Aye.

Perfect. Updates from staff for new member discussion.

Well, when I put that on there I think I wasn't realizing and wouldn't be here, so why don't we just postpone that till our next. yeah let's handle it that way.

All right, move us down to new business, which is file 25 dash 50 the 7142 silver king backcountry site plan review. I have to do my opening statement, I think, on this one. Okay, the Lake County Planning Commission will now conduct a public hearing. The statement I'm reading shall be incorporated into and made part of the record on these proceedings. The Planning Commission has jurisdiction to conduct a public hearing on a backcountry site plan review under Section 5.2.27.1 of the Lake County Land Development Code. The purpose of this hearing is to consider whether the proposed site plan should be approved. In considering that matter, the Commission will address the approval criteria set forth in Section 5.2.27.1.D of the Lake County Land Development Code. The procedure to be followed in this hearing will be 1. Members of the Commission will disclose any ex parte communications. 2. County staff will make their initial presentation. 3. The applicant may then make their presentation. Four, after that, any other persons either supporting or opposing the application may present their evidence. Five, supporting and opposing witnesses may be questioned by the commission. Once questioning is concluded, no further questioning is permitted unless granted by the chair. And six, the applicant may then present any rebuttal evidence. The parties and witnesses are asked not to submit redundant, irrelevant, or cumulative evidence. If someone has already made the point that you wish to make, please simply say so. The chair will also require that all comments be made to the Planning Commission and that there be no dialogue between the applicant and members of the audience. At the conclusion of the evidentiary portion of the hearing, the chair will entertain a motion to close the evidentiary portion of the hearing and the commission will discuss and weigh the evidence. Then there will be a motion to close the discussion phase of the joint public hearing. The chair of the planning commission will entertain a motion on the application. The motion may take the form of one of the following recommendations. One, approve the application with no conditions. Two, approve the application with recommended conditions. Three, approve the application with newly identified conditions. Or four, deny the application. The planning director shall make a record of any substantial discussion on the motion and include that in the record with the decision of the commission. Are there any objections to the jurisdiction of the commission or to the form or substance of these proceedings? Okay, hearing none, I will now ask each planning commission member if you've had any ex parte communications to disclose, and if so, to please do so now. Joey Edwards?

None.

Jason Rufo. I don't think it's here. Sorry, David church. And Heather Lynn none. A step, you can go ahead and start your presentation.

All right, thank you. Yeah, we're sitting in the room without y'all. It's kind of lonely in here this afternoon, but I appreciate you making time. As we talked about this kind of helps us because tomorrow night is our open house. We're hoping to see many of you there. So this case is 7142 Silver King. It's a backcountry site plan you can afford. This application is being made on Carter Shaver's applicant on behalf of Andrew Berger and both of those gentlemen are here this evening. The property is 30.28 acres. It's located off County Road 6B and on Dry Union Road. The property is zoned backcountry, which is why we're talking about it tonight. This is a site plan for a private cabin. Next slide, please. It is an existing cabin, as you can see in the photos. So this is another one that we're really bringing into compliance with the zoning. It didn't exist when it was built. So it is a relatively small 10 by 21 foot cabin. As we've talked about in the staff report, there was a composting toilet that was approved for this location. So a very small structure will be built to house that. Otherwise, then that will be the only improvement that's really made on this property. Next slide, please. This is the site plan, and you can see fairly well, I hope, or maybe not on your screens, but I'll use my cursor if I can. I love cursor. This here is where the cabin is located in this area. This is the road access that comes through the property, and this is the mining claim that we're talking about which is 30 acres in size. So there is a solar system that's associated with this that provides the electrical power. Water is carried in, and the propane for their stove is also carried in and out as part of what they use for cooking on this site. And they talked about the approval by the Board of Health for the septic system. One of the important things, I think, in the backcountry zoning is the impact on wildlife. So in each of these that we've been reviewing, we include the map that kind of shows what the quality of the wildlife area is. And we did get comments from CPW. There's a little bit of confusion about the fact that there are existing improvements and very minimal additional improvement is being done on the property. So it wasn't an option, for example, to move or not develop this property. So just to point that out. It is a migratory path for lots of wildlife. as you can imagine, in this area. And so we do have a condition of approval. And I know, Carmen, you were asking a little bit about that because there isn't, when we talk about one of the conditions of approval is to comply with CPW's recommendations. And in a situation like this where we have an existing structure, it's largely about awareness that this is a very sensitive environment that is being occupied it is not new I know that on this for quite some time and so it's really a level of awareness I think and and being sensitive to how they occupy the site so I just wanted to point that out as part of this particular issue for it the other issue that we know is really important is the wildfire mitigation We have some standard practices, I would call them, that are part of many of the reviews that we see. And I think we're really trying to kind of streamline that and make those more standard. But these are the ones that the fire department has issued, which are really practical solutions for how to minimize any fire potential that could happen with occupying this structure. So you can see that there are several recommendations that we have included also as a condition of approval. So the approval criteria require that it be consistent with the comp plan, which we believe this is. Our backcountry zoning very much speaks to that rural and remote area. The code requirements for this have been met along with the submittal requirements. We believe that the a small private cabin in this location is appropriate for backcountry zoning. And as you can see, possibly on that site plan, there was a shaft. It is significantly a good distance from where this cabin is. It's obviously not a new condition, but not one that there are any concerns about. So with that, we're making a favorable recommendation with seven conditions of approval. Again, a lot of these will look familiar to you. What we're talking about is the acknowledgement here that particularly the septic variance was approved for the 180 days throughout the year, which is the length of time that this cabin can be occupied. We want to make sure the backcountry license includes That's really the next step in this process, but the proper installation of the septic system as well as the solar system. So a third party will evaluate this, the structure. They've already provided some of that documentation. So that's how we ensure that the structure is built properly. The other ones involve the disturbance of soil and making sure that Noxious weed plan is in place. Best practices for CBW, again, are really largely about awareness in this case of the importance of this area for wildlife migration in particular. I talked about the Leadville Lake County Fire Rescue recommendations for occupying the site, including the trash that needs to be properly The trash receptacles that are bear proof and then any other statements that might be made as part of this discussion tonight so those are the conditions of approval and kind of Let's see Ends the presentation So this point I can answer any questions and the applicant is here to speak on behalf of their applications

Okay, yeah, I think if we can open it up first to the applicant. I don't know which one, Carter or Andy, but one of you are free to add anything additional that we should know, and then we can kind of open it up for questions for you guys. A little feedback, Andy.

Okay.

Yeah, I think that's better.

Okay.

Maybe not.

Do you have another?

Yeah, Andy, it sounds like. Is this better? Yes, that's much better.

Okay, cool. Hi, everyone. Thank you for your time on this. The structure was built about 2009 by a longtime Leadville family without permits. And I have owned since 2019, and I'm trying to bring it into compliance per your rules. And I think that we can live with all of the conditions that you're asking about. We're in compliance with several that we already are, and then we will continue to be in compliance moving forward if we have all the approvals that we need. Basically, we're seeking with this existing structure to just add one small building that will hold the composting toilet and the gray water tank that is reused. advised by Lake County. And so we're talking about a relatively small project, what looks like an outhouse with a gray water holding tank. And that will the total project that we're looking at at this point. So with that, I'd like to turn it over to Carter for more specifics. He is doing the construction. And as you can tell from his responses, he's got an engineering background and I'm leaning on him pretty heavily for this. So I just wanted to say hello and say thank you for your attention.

Thanks, Andy. Yeah, just to discuss Andy and I's relationship, since we're loosely neighbors. In this area, we can call each other neighbors, even though we're probably seven miles apart. But so we're loosely neighbors, and Andy and I had bumped into each other in the area, and he mentioned that he wanted to go through this process. And since I had already gone through mine with the Rose and take his bunkhouse. I told him that I would be happy to help him to kind of shepherd him through the process and then also help him do the construction as well as I'm a contractor in Lake County. So that's been my role is just to help him through the process. And like Andy said, it's going to be really like construction and we've got to dig for a 500 gallon tank. for the OWPS regs and the approval that we already received. And then we're going to place a little four by four outhouse structure on top of that existing disturbance or the proposed disturbance of the gray water tank. So we're not going to have a bunch of additional disturbance. We're going to keep the footprint as small as possible in the area as well. And it's going to be just Andy and I really and maybe one other person helping out to do the work. So it's not going to be a full construction crew or anything like that. It's going to be very minimal.

just being out there swinging hammers.

Andy, I just want to reiterate, Andy is obviously aware of the sensitivity of the wildlife and nature up there. I mean, that's the reason why he owns the place is to be able to go up there and view the wildlife. And also just wanted to mention the Dry Union Creek Road that runs up through the property. So there are other users that use this area and recreate up there, as well as the Leadville Backcountry Yurts that are positioned about 750 feet just up the hill from Andy's property that is operational today. uh, all year round as well. So there are other people in the area and, uh, from Andy submittal, you know, he makes it up there, what, three or four times, three or four weeks, maybe total out of the year, total of maybe 30 days or 30 nights that you stay up there. Um, even though, you know, the regulation says maximum one 80 Andy's use is pretty light in the area as well, which I think helps with the CPW recommendations as well, that, you know, he's not, um, living up there during the summer or anything like that. It's kind of weekend. Just to reiterate as well, the intent is to bring this into compliance and the activity is really just going to center around that, right? Just getting the Odo BTS installed and so that way Andy can utilize the property legally. That's all I had to add.

Great, thank you. Planning commissioners or county commissioners, anybody have any questions for the applicant or Melissa?

Yes, I have one question. Oh, sorry. For the septic disposal field, do you plan to import material or will you just be screening onsite material?

David, it's actually just a 500 gallon holding tank. So just a gray water holding tank. So annually it'll be pumped out or when necessary, when it reaches 75% full.

Okay. Thank you.

Any other questions? Okay. I don't have any questions. I think it looks reasonable, and thank you for working to put it in its right standing. Go ahead, Andy.

Just one quick question. With some of the other holding tanks, we've seen people have a sensor in place that will let them know when it nears 75%. Will that be the situation here as well? Yes, sir. Okay, thank you.

Yeah, Heather, I see this is a quite straightforward application. Significant issues or potential impacts.

Agreed. No, I think it's just bringing into compliance with what we want the backcountry to have. So I think it's great. And sounds like it's going through all the right steps and in the county's capable hands. So I think it's another example of maybe this eventually these kind of Approval processes, maybe can become more streamlined in the future. I appreciate you guys Andy and Carter for working to get it going. So yeah, if there's no other questions, we can take a motion to close the public hearing portion, unless anybody has anything else they want to add. I'm sorry, public, I guess we do, do we have anybody from the public on here?

Yeah, we have Peter Day appears to be on.

Yeah, go ahead, Pete.

Can you hear me?

Yes.

Yeah, I just had one question. I wasn't able to access the file. I got blocked by Google. So this may have been mentioned. But are there any restrictions for outdoor fire pits, considering that water is being brought in?

Yeah, I think that's part of our code anyway for backcountry. Correct, Melissa, that we don't have outdoor fire pits?

I think my understanding is those need to be a metal, They have a metal lining around them are the ones that I have seen.

Yeah, I think we have. I think the code in Carter, you probably know. I think the codes for backcountry says it has to be similar to Forest Service approved fire rings, and then it can only happen while there's not fire bans.

Correct. Yeah, that's my understanding.

Yeah.

Elsa? Thanks. It was in the staff report, specifically from, maybe not the staff report, but specifically Lake County Fire and Rescue did know that there was a fire pan on the site and that it wouldn't be allowed to be used. Like you couldn't burn slash. They listed all the things that couldn't be done with it. So I do think it was comprehensive when it comes to the fire use, Pete.

Any other questions? Applicant, any other things you guys want to? David, I see you unmuted. Are you, do you have any?

I don't have anything more to add unless there's some big hiccup here. I think you can see that it's a relatively small project and there's not going to be a lot of disturbance because we are at 11,600 feet. We have some limitations on our construction window. So we're hoping to get up there as soon as we can, which is not yet with construction materials. The road's not passable yet. When it becomes so, we'll get up there, get this done, you know, in a couple week window and we'll be set.

Great. All right. Well, with that, I will entertain a motion to close the public hearing.

Edwards moved to close the public hearing.

second okay all in favor aye aye aye um okay well i think that this doesn't commissioner is actually your i think you can stay or go because i don't think you guys actually end up voting on this but if you don't have anything else to do well you can hang on if you want to otherwise have a great evening thank you for joining thank you i'll sign off good good job up there you guys thanks thanks bye Do either of you have it pulled up where you could make a motion?

I'm ready. Go for it. Okay. I move that the Planning Commission conditionally approve file number 25-50 at 7142 Silver King Backcountry Site Plan Review pursuant to the standards of Section 5.2.27.1 Site Plan Review. And further find that the approval criteria pursuant to the Lake County Land Development Code Section 5.2.27.1D have been met as evidenced in that staff report dated April 27, 2026 for file number 25-50 and is conditioned as follows. One, the occupancy of the structures is limited to the terms of the septic variance of 180 days per year. Two, a backcountry license is required to ensure proper installation of the septic system and to verify the solar system was installed properly. Three, applicant shall revegetate any disturbed soils developing a noxious weed plan with the assistance of the Colorado Division of Parks and Wildlife and the Lake County Conservation District. Four, the applicant shall consider best practices for complying with the CPW recommendations in order to protect the important habitats surrounding the property. Five, the applicant shall comply with all recommendations and requirements of Leadville Lake County Fire Rescue, including removal of the propane tank for cooking, when the cabin is not in use. Six, there shall be facilities for trash collected either inside the cabin or any outdoor trash receptacles shall be bear proof. Seven, all statements and representations made by the applicant through the application and hearing shall be binding and considered as conditions of approval. And further, And further finding that one, as conditioned, the proposed site plan is in substantial conformance with the express purposes, intents, goals, and policies of the Lake County Comprehensive Plan and any ancillary county acknowledged or adopted documents pertaining to natural resource protection, affordable housing, infrastructure management, and any area-specific community plans. Two, as condition the proposed site plan conforms to the requirements and provisions of this code. Three, as condition the proposed site plan adequately addresses the submittal requirements, requirement items. Four, as condition the proposed site plan is consistent with and in harmony with neighboring land uses and further future intended land uses in the area. Five, mass condition, any potential manmade or natural hazards have or will be adequately mitigated.

Great. Thank you. Now we can second, Joey.

Now a second.

All right. Any discussion on the motion? Okay. Roll call, Joey Edwards?

Yes.

David Yurch?

Yes.

Heather Lynn, yes. And like I said, I don't think this goes to the commissioners. So I think it just goes forward from here. So thank you again for moving that forward.

Thank you, applicants, for keeping that simple. Thanks, folks. We try sometimes.

And then, Melissa, tomorrow night for all of us, we need to show up a little bit early.

It probably would be helpful to be there a few minutes early. so that we make sure you know which station you're in. We had some assignments. We have some assignments, but that might change a little bit depending on who turns up. So it starts at 6, so 5.30, 4 to 6. All right.

I will be there.

Thank you. David's going to be there. Joey, were you planning on attending?

Yes, ma'am. I'll be there.

Thank you very much. All right. Andy will be in touch.

Sounds good. Thanks, Melissa. Thanks, everybody. Appreciate your time. Thank you.

Have a good night.

I'll move to adjourn. Oh, yeah.

Thanks for doing that. Moving to adjourn.

Have good seconds.

All in favor, aye.

Aye.

Thank you, everybody. Have a good night.

Thanks, you guys. All right.

Good night.