Townof Cedaredge Colorado  PLANNING & ZONING COMMISSION Special Meeting and Public Hearing Tucsday, April 23, 2024, 5:30 p.I.  Call to Order & Pledge of Allegiance: Chairperson Skip Bethurum called the meeting Roll Call: Chairperson Bethurum, Commissioner Ardon Barnes, Marcy Peterson, Jason Weed and ex-officio Jim Atkinson; Interim Town Administrator Mark Relph, Attorney Bo Nerlin, Town Planner Mark Chain and Town Clerk Jess Shelton are in attendance. Staff Statement - Interim Town Administrator Mark Relph gave a statement and Chairperson Bethurum gave an outline ofhow the meeting would progress Back 9 Equities, LLC-I Mesa Point PUD Public Hearing  to order at 5:31 p.m. and led the Pledge of Allegiance.  Open Public Hearing: Commissioner Weed moved and Commission Barnes seconded to open the Public Hearing. All voted 'aye,' no one voted 'nay,' the motion passed  unanimously, and the Staff Introduction was accepted.  Public Comment:  1) Chrystal Godfrey: 290 N Grand Mesa Drive. Ms. Godfrey stated the application should not be approved until the plan is updated with all the stipulations. Ms. Godfrey stated the citizens would be responsible for supporting the project. Ms. Godfrey stated 2) Pat Giordano: 20048 2375 Road Cedaredge. The response to the development will affect the lesser of the citizens. Ms. Giordano stated the fixed income and low-income families could not afford drought rates to ensure water availability. Ms. Giordano recommended denying the application or setting a condition for a full review of 3) Elizabeth Buckingham: 975 NE Blue Bird. Ms. Buckingham stated the zoning is R1 sO there could not be a mixed used. Ms. Buckingham referred to an email from Building Inspector Bruce Stanley from March 19. Ms. Buckingham stated there 4) Chere Lyles: 305 SE Cobblestone Court. Ms. Lyles stated the noise from the Pickleball Courts, and stated the recreation center would be in the older development and not the new PUD. Ms. Lyles stated the recreation center would interfere with her  an independent audit should be carried out.  climate conditions and water usage.  would be a letter submitted tonight.  quality oflife.  Planning and Zoning Special Meeting 4-23-2024  1    5) Cathy Barton: 16849 Ember Road. Ms. Barton stated the project raised conflict and 6) Steve Symmes: 300 SE Cobblestone Court. Mr. Symmes stated the land use code to assess the impact oftraffic and property values. Mr. Symmes stated the PUD violated land use codes. The pool and pickleball courts would cause increased noise in violation of the town code. Mr. Symmes stated the removal of the recreational center 7) David Murphy: 22071 Opal Road, Eckert, CO. Mr. Murphy stated individuals who are part of the elected government should not have an agenda but want what is best for the town. Mr. Murphy stated there were tradeoffs living in Cedaredge, further, to drive to get groceries but living in aj peaceful and quiet town. Mr. Murphy stated he was newly appointed to the Orchard City Board ofTrustees. Mr. Murphy stated concerns on highway safety and the collaboration ofCedaredge and Orchard City. 8) Janet Lynn: 535 SE: 2nd Street. Ms. Lynn stated communication was an issue; especially when it came to water issues and resources. Ms. Lynn encouraged the Planning Board to work on the issues addressed in the last meeting. Ms. Lynn stated that there was a request for money for the highway 65 portion and was concerned that there would not be enough money to support the changes to the highway required for 9) Debbie Griffith: 485 N Grand Mesa Drive, Cedaredge. Ms. Griffith stated there was an agreement from 1989 that bound the Town to allow development on that piece of that property. Ms. Griffith stated Tate Locke built high quality homes and was an asset to the Town of Cedaredge. Ms. Griffith stated the increased 15 - 20 homes of the PUD plus the regular 12-15 homes, would double the number of average homes built per year. Ms. Griffith suggested a lottery system for new-built homes. Ms. Griffith stated open space was an issue and needed to be addressed. 10)Mel Cook: 1212 Langdon Lane, Austin. Mr. Cook stated no matter how much good the developer was doing for the community, Mr. Cook asked for transparency in everything that the town has asked for. Mr. Cook stated ift there was bribery, and if everything was not marked off on the Town'st to-do list, then the application should be tabled for amendment or vote no. Mr. Cook asked for a dark sky study, al highway 65 study and consideration oft the health and safety ofthe community. 11)Richard Boyd: 24259 Cedar Mesa Road. Mr. Boyd stated the developer worked hard on the application however there was not a traffic study. Mr. Boyd stated there would be a 1% growth rate according to the study in the application. Mr. Boyd stated the growth rate would be a 30% increase in traffic. Mr. Boyd stated it felt like its own town and not aj part oft the existing town and lacks unity. Mr. Boyd stated it was not a rural development and is what everyone moved to Cedaredge to get away from. 12)Anna Gannon: 169SW1 13th Ave. Ms. Gannon stated she lived on a fixed income and the increased home costs would increase her costs and she cannot afford any more. Ms. Gannon stated it would impact the wildlife that is in the area. The recreation  impact on wildlife, including the Sandhill Cranes.  would be advised.  the project.  center being closed to the public was a bad idea.  Planning and Zoning Special Meeting 4-23-2024  2    13)Joseph Lyles: 305 S Cobblestone. Mr. Lyles agrees with most of the comments. Mr. Lyles stated it was way too much for the Town. Mr. Lyles does not want the Town to 14)Larry Claxton: 1020 S Grand Mesa Drive. Mr. Claxton stated the annexation was approved in 1989 and he lived here then, and this was a surprise to him. Mr. Claxton stated he wanted to know ift there was water attached to the development. 15)Kelly Rogers: 325 SE Flagstone. Mr. Rogers stated his concern was due to the recreation center. Mr. Kelly stated the pickleball courts as planned be denied and 17)Cathy Meskel: 205 North Grand Mesa Drive. Ms. Meskel stated there was not enough water and that Steve Anderson did a great job with the information he was given. Ms. Meskel stated the big ditch was dry because there was not enough water and Ms. Meskel almost lost revenue and clients due to al lack of water in 2018. Ms. Meskel stated citizens were crying and unable to afford water. Ms. Meskel stated that the town is trying to improve sidewalks and due to the poor conditions, there are: injuries. 18)Dan Harper: would not give his address. Mr. Harper stated he was concerned about water. Mr. Harper stated the taxpayer was paying for the development and not the developer. Mr. Harper stated the applicant lawyered up and there was something stinky about it. Mr. Harper stated he did not want his home a traffic disaster. 19)Stanley Tomkiewicz: 22850 Thunder Mountain Lane, Cedaredge. The memorandum from Mark Chain to Mark Relph, compliance 6. Compliance 6 is in regard to the 20)I Dennis Smith: 1570 SE Deer Creek Drive. Mr. Smith stated his house was the closest to the PUD and he would be greatly affected. Mr. Smith stated the application needed 21)Sharon Pierce: 240 SW 3rd Street. Ms. Pierce stated her perspective on water was due to her uncle being the former water commissioner in the area. Ms. Pierce stated the Town could not count on the same water year after year. Ms. Pierce stated it was 22)Trina Baker: Cedaredge. Ms. Baker stated the Commission has heard from the Town and what they want. The privatization of the Recreation Center was not good for the 23)Shanna Harness: 190SW: 2nd Street. Ms. Harness stated Cedaredge is an amazing place tol live and we don't want it to be Telluride or Ouray. Ms. Harness stated she had questions about water. One c.f.s. of water is 449 gallons per minute and each tap uses 2 gallons per minute. Ms. Harness stated ditchi rights are seasonal rights only and the rest ofthe months are supported by the Town. Ms. Harness stated Cedaredge needed tol be grown thoughtfully. Ms. Harness stated houses should be zero scaped. 24) William Van Houten: 14813 Highway 65 Eckert. Mr. Van Houten stated the open lagoons below and the wind coming up in the evening and how that will affect those who live in that area. How will that be ift that needs mitigated in the future?  turn into Carbondale.  possibly the recreation center as well. 16)Lynn Grotrian: Decided not to comment.  Master Plan and incremental and organic growth.  to meet the requirements.  overreach and to consider the water.  town and think about what this will do to the community.  Planning and Zoning Special Meeting 4-23-2024  3    25)Jennifer Kraft: 14625 Rim Rock Road Cedaredge. Ms. Kraft stated the person on the Planning was the person who caused issues with Delta County Planning. Ms. Kraft 26) Willow McFarland: 310 SE 2nd Street. Ms. McFarland state the development was not for working class, police officers, teachers, and they would be unable to afford to live ini the Town because the cost of living and nol housing. Ms. McFarland stated it was hard for ranchers and farmers to survive in droughts and it was crucial to our community. Ms. McFarland did not want to see Cedaredge become Crested Butte. 27) William Bapst: 525 NW 2nd Street. Mr. Bapst stated he saw 100 cars come up highway 65 from Delta, and increased traffic would be hard. Mr. Bapst stated he wanted to livei in a small town and that is why he moved here. Mr. Bapst stated there were houses for sale in Cedaredge and they needed to be purchased first and hold off 28)Cylia Christenson: 2177 S Grand Mesa Drive. Ms. Christenson stated from her hay field she can see the Back 9 and to see it filled with houses would break her heart. Ms. Christenson stated Highway 65 was already dangerous and would be worse with more people, especially those that have to pull in and out on that highway. Ms. Christenson stated she has rights to water in Surface Creek and the town will get 29) Ed Holland: 175SW 13th Ave. Mr. Holland stated he grew upi in Grand Valley Colorado and with all the growth it is now Parachute. Mr. Holland stated the mesa was on the verge of destruction. Mr. Holland told the Commission to work for the  stated they would build the town, and leave, leaving the.  on increasing the number of homes in the town.  priority and she will not be able to farm her hay fields.  citizens who voted them in.  Commissioner Weed moved and Commissioner Peterson seconded to take a quick break. All Commissioner Weed moved and Commissioner Peterson moved tol bring the meeting back to order. All votes 'aye' no one voted 'nay' and the motion was approved at 7:12 p.m. Interim TA Mark Relph stated he amended the agenda to allow applicant rebuttal to the public comment first and then the Public Hearing will be closed, and the Commission will be able to  votes 'aye' no one voted 'nay' and the motion was approved at 6:59 p.m.  ask questions after the Public Hearing concludes.  Rebuttal by Applicant to Public Comment:  Mr. Peters stated there was a lot ofresearch to do to get to where they were today. Mr. Peters addressed the Pickleball issue and stated it was available to those in the Mr. Peters stated that water had been addressed and should not be a concern since major water rights were given to the Town during the annexation. Mr. Peters stated the lots around the recreation area were not going to be sold, it was under control of an HOA by the recreation center. Tate Locke stated that a traffic study was conducted. There were items about Highway 65 that CDOT wanted changed and the applicant stated they addressed  annexation area.  those issues.  Planning and Zoning Special Meeting 4-23-2024  4    Mr. Peters stated they addressed the dark sky issue in the control documents. Mr. Peters stated zero scape in the development was prevalent throughout the Mr. Peters stated the project was estimated to be 20 years but could go 30 years  entire PUD.  based on1 the organic growth oft the area.  Mr. Peters asked ift they could show slides to address open space and the annexation issues.  Chairperson Bethurum stated it would be okay to show the slides.  Mr. Locke presented a slide show.  Close Hearing: Commissioner Peterson moved and Commissioner Weed seconded to close the public hearing. All votes 'aye' no one voted 'nay" and the motion was approved and the public  hearing closed at 7:40 p.m.  Questions from Governing Body to Applicant or Staff:  1) Ex-officio Atkinson:  a. Pickleball, and the non-contiguous issue should be part of another application. The drainage issue with filling ini the retention ponds and the lighting at night for b. Was a traffic study done at the expense of the applicant and with the improvement ofthe intersection ofHighway 65 and Jay Road, and would that be part oft the development cost? Then the Town could partner with the applicant to create an The trails on the slopes will be an issue and will not be easy to build on. d. Are there sufficient setbacks from the golfcourse to thel houses sO people are not hitting houses and getting their golfballs out ofthe back yards ofthose who live  the Pickleball courts needed to be addressed.  entrance into Cedaredge.  by there. There should be a bigger buffer for that. The severe slopes and wildfire mitigation need to be addressed. Lift stations need to be removed from the design.  Future water leaks on the course could cause issues since there are occasional h. Condition to have an agreement where the golf course is protected from the i. Roadway cross section width and emergency vehicles and parking are an issue. This needs to be addressed and access needs to be maintained. The Geological Survey letter was an issue and would need to be addressed. k. Drainage and retention would be critical to reduce the risk ofs slides in the area - During construction there will be cuts in the golfcourse for utilities and need to be scheduled in the winter when there is not any play sO there is not a financial  water line leaks on the course. Development.  due to saturated soil.  impact on the town. Cuts on the course should be minimal.  m. It seems like a nice project.  Planning and Zoning Special Meeting 4-23-2024  5    n. Xeriscaping is nice since it will reduce water usage to residential use only and not O. The town will need tol have a more reliable source of water that is domestic and  landscaping. not irrigation.  2) Chairperson Bethurum  a. There is concern about access to water in the winter being an issue. b. The applicant wants the entire proposal approved at once and that is a cause for concern and approval in stages would be beneficial for the Town. The Town has a need for affordable housing and a $394,000 home is not affordable housing. Is there a way toj provide affordable! housing within the d. Transparency was crucial. Having meetings with the community to see what they wanted was important, and one meeting was not enough. Mr. Bethurum stated There are geotechnical issues. There are not any topographical markings oft the 20% or 30 % grade areas and concerns about future slides in the area. - Chairperson Bethurum stated he did not know there were 50% grades in that area. i. Mr. Locke stated there was far more engineering tol be done but there was ii. Interim TA Mark Relph stated the staff report covers the issue. iii. Dan Quigly the Town Engineer addressed the geotechnical issues. There were not any borings done by the applicant and they were test bits instead. There was not actually boring with al boring machine done, but test bits done with al backhoe. A: slope stability analysis and an updated slope map are a requirement of the applicant for the entire development. Mr. Quigly wants to make sure that the town cannot be held liable for public health. Mr. Quigly stated that having those issues mitigated up front, where it  project where 15 to 20 homes are deed restricted? meeting with the community would be beneficial.  g. Cutting in roads on that slope is even more concerning.  no funding until the concept was approved.  protects everyone, is preferred.  h. More information and borings will need to be conducted toj prove proofof  concept.  3) Commissioner Weed  a. Commissioner Weed asked when the geological survey was done. Mr. Peters said itv was done two years ago. Mr. Peters stated the topographical survey was done five years ago and is set to one-foot contours. b. Stated there were sluffi issues for the houses down below. Engineering on the project will be crucial for the geotechnical issues. d. The annexation in 1989 is sO old that Commissioner Weed stated there has been a lot ofc change since then. How could it be annexed to where it has to be approved since the water rights were received by the Town. Does the application have to be approved because of that 1989 contract? Also, the property went into bankruptcy.  Planning and Zoning Special Meeting 4-23-2024  6    4) Commissioner Barnes  a. Commissioner Barnes stated he had concerns about the slope issues and b. The cut going into phase one is around a hundred units and there should be an agreement regarding the road because the road will be trashed by the time all those trucks are done on that road with the development, there will be a problem. Commissioner Barnes would like to see the issues resolved before the Planning Commission decides on the approval oft the application. d. Asking the developers to do a geological survey of the whole project would be too costly for the applicant, but maybe just do it for phase one to start.  geotechnical issues.  5) Commissioner Peterson  a. Slope stability needs to be addressed. addressed at the phase one level.  b. Does not want to see developers go broke but would like to see more geotechnical Has seen sluff areas in the Town and wants to make sure that it is addressed.  John Peters stated he asked staffif phase one could be self-contained and then develop the geotechnical for phase one only and the other phases as the project progresses in other phases. Interim TA Relph stated that there are utilities such as storm drainage and wastewater that would  need to be addressed for the project and not just for phase one. Tate Locke stated they were seeking approval for the entire project.  Tate Locke stated there were discussions on affordable housing about 8 months ago and SO they proposed what would comply with the Town Code. and Master plan, but not affordable housing. Commissioner Weed moved and Commissioner Peterson seconded to approve a recess. All votes 'aye' no one voted 'nay' and the motion was approved and there was ai recess called at 8:28 p.m. Commissioner Weed moved and Commissioner Peterson seconded to approve a reconvening of the meeting. All votes 'aye' no one voted 'nay' and the motion was approved and the meeting John Peters and Tate Locke stated they would agree to six units on phase one and eight on al later phase in the form of duplexes or multifamily homes to accommodate affordable housing. Attorney Nerlin stated there were different methods on how to approve the application, such as the recreational center lots could be approved in an additional application. The applicant could Tate Locke stated they approached the Town to take over the Recreation Center, but the Town Tatel Locke did not want to separate the application out as Attorney Nerlin suggested.  Mr. Locke stated they are open to the discussion but would want it to be in  was reconvened at 8:41 p.m.  separate those lots out from the original PUD application.  was not interested.  Planning and Zoning Special Meeting 4-23-2024  7    Interim Mark Relph stated there were conditional conversations regarding water. ITA Relph Attorney Nerlin stated that the 1989 contract was still valid and the applicant had discussions  shared a slide show about water rights.  about that matter.  Board Deliberation on Public Hearing  Discussions were. held about the validity oft the 1989 contract.  The Planning Commission stated concern about the Developer running out of money. Commissioner Peterson stated there was a lot ofinformation to digest and would like to Infrastructure and access point on Highway 65 and Jay Road. Tate Locke stated the code requires a traffic study, conformance with the traffic study, southbound left hand turn lane and right-hand turn lane northbound must be completed during phase one. Interim TA Mark Relph stated it would be short sighted to think ai new entrance to Cedaredge being a golf course entrance and not a statement for the town. Chairperson Bethurum stated he was struggling with the geotechnical and needs more  have time to review everything before deciding.  information on that matter for the next meeting.  Commissioner Peterson moved and Commissioner Barnes seconded to table the matter until Tuesday, April 30. All votes 'aye' no one voted 'nay' and the motion was approved and the  meeting was tabled until April 30 at 5:30 p.m.  Adjournment  Fgspectlysubmited, Jess E. Shelton R Town Clerk  Planning and Zoning Special Meeting 4-23-2024  8