PLANNING DEPARTMENT UPPER BLUE PLANNING COMMISSION AGENDA. December 22, :30 p.m. County Courthouse 208 E Lincoln Ave Breckenridge, CO 80424

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1 PLANNING DEPARTMENT Peak One Dr. PO Box Frisco, CO UPPER BLUE PLANNING COMMISSION AGENDA December 22, :30 p.m. County Courthouse 208 E Lincoln Ave Breckenridge, CO Commission Dinner: 5:00pm I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF SUMMARY OF MOTIONS: October 27, 2016 IV. APPROVAL OF AGENDA: Additions, Deletions, Change of Order V. CONSENT AGENDA: None VI. VII. VIII. IX. PUBLIC HEARINGS: PLN Country Boy Mine T6S R77W Section 32, Country Boy Mill Site A Class 4 Conditional Use Permit for a museum and mining exhibit with accessory uses on 20 acres zoned A-1, Country Boy Mill Site MS#1285, T6S, R77W, Section 32, QTR. WORK SESSION ITEMS: None DISCUSSION ITEMS: Suggested Revisions for Consideration in Next Master Plan Update Countywide Planning Commission issues Follow-up of previous BOCC meeting Planning Commission Issues ADJOURNMENT * Allowance for Certain Site Plans to Be Placed on the Consent Agenda: Site plan reviews consisting of three (3) to a maximum of 12 multi-family units for the total development parcel or project may be placed on a Planning Commission s consent agenda, which allows for expeditious review and approval of these smaller projects. Site plans may only be placed on the consent agenda if the recommendation does not include any conditions. Single-family and duplex development that are required to have a site plan review by a Planning Commission due to a plat note, PUD requirement or other regulatory mechanism may also be placed on a Commission s consent agenda. A Planning Commission member may pull such agenda item off the consent agenda to allow staff or the applicant to address issues or questions related to the site plan review criteria for decision prior to taking action.

2 UPPER BLUE PLANNING COMMISSION SUMMARY OF MOTIONS October 27, :30 p.m. COMMISSIONERS PRESENT: Larissa O Neil, Drew Goldsmith, Eli Yoder, H Lowell Moore STAFF PRESENT: Don Reimer, Sarah Meggison, Kate Berg, Dan Osborne, Keely Ambrose Drew Goldsmith, Chair, called the May 26, 2016 meeting of the Upper Blue Planning Commission to order at 5:30 PM Approval of Summary of Motions: The Summary of Motions for the July 28, 2016 meeting was approved as submitted. REGULAR AGENDA: PLN Lot 19 Gold King Placer Unsub A Nonconforming Parcel Plan Review for a 9.39 acre parcel zoned A-1 to enlarge a previously approved NCPP (PLN07-115) in order to accommodate a proposed detached garage/work area. PUBLIC HEARING: Approximately 5 members of the public spoke. There were 3 who spoke against the color and material of the proposed garage but had no issues with a garage being built in the proposed location. There were 2 who spoke in favor of the garage and the NCPP. DISCUSSION: Commissioner Moore identified a potential conflict and wanted to state on the record the nature of the relationship he had with the applicant. A brief recess was taken during which Staff and the Assistant County Attorney determined that per the bylaws, the quorum could be maintained despite the conflict. After the recess, Commissioner Moore expanded on the potential conflict and the Commission proceeded to continue it s discussion. The color of the proposed garage/workshop was discussed in relation to the surroundings. MOTION: Commissioner Yoder moved to approve PLN16-089: A Nonconforming Parcel Plan Review for a 9.39 acre parcel zoned A-1 to enlarge a previously approved NCPP (PLN07-115) in order to accommodate a proposed detached garage/work area with the following findings and conditions: Findings: 1. The applicant has provided proof that the size of the parcel did not violate Zoning Regulations when it was created and that the parcel complies with Section F. The parcel was legally created in The parcel has adequate access, water, sewage disposal and utilities for the intended use as required by the provisions of this Code and public and emergency access has been adequately addressed. 3. There are no known unstable or highly erodible soils, geologic conditions, steep slopes or other potential hazards on the site that would result in a threat to public health, safety or welfare. 4. The location of the proposed garage/workshop complies with the development standards for the A-1 zone district. The proposed building area, as shown in Exhibit C, will meet setback requirements. 5. The applicant has provided a plat or improvements survey of the parcel. 6. The non-conforming parcel plan approval can be granted without substantial detriment to the public health, safety and welfare. 7. The least environmentally damaging building site has been selected and a disturbance envelope has been established for the site.

3 8. The cumulative impacts of development upon the immediately adjacent area and surrounding properties have been addressed. The property is surrounded by properties ranging from 5 to 10 acres, also with A-1 zoning. The proposed building site is not highly visible from Highway 9 or the valley floor and will mitigate other visual impacts to neighboring properties through landscaping. Condition: 1. No disturbance shall be allowed outside of the disturbance envelope except for; a.) the removal of trees infested with Mountain Pine Beetle; b.) the removal of trees for forest health, upon the submittal of documentation from a certified forester or wildfire mitigation officer and upon approval from the Planning Department; c.) the removal of trees for fire mitigation, upon the approval of the wildfire mitigation officer; d.) planting of trees; and e.) the portion of the driveway located within the 60-foot easement for Gold King Way as it crosses the subject property. All other improvements, including but not limited to, any portion of the driveway outside of the 60-foot easement for Gold King Way, structures, the septic system, the well, and associated grading and improvements are required to be located within the disturbance envelope. Commissioner O Neil seconded the motion. Vote: 3-1, with Commissioner Goldsmith having the dissenting vote. WORKSESSION Upper Blue Master Plan Update The Planning Commission and Staff discussed the upcoming update of the Upper Blue Master Plan in order to identify key things that need to be changed as well as the scope of the update to be presented to the Board of County Commissioners in January. ADJOURNMENT: The meeting was adjourned at 8:18 p.m. Respectfully Submitted Sarah Meggison, Planner I

4 PLANNING DEPARTMENT Peak One Dr. PO Box Frisco, CO STAFF REPORT TO: FROM: The Upper Blue Planning Commission Lindsay Hirsh, Senior Planner FOR: Meeting of December 22, 2016 SUBJECT: PLN16-095: A Class 4 Conditional Use Permit for a museum and mining exhibit with accessory uses on 20 acres zoned A-1, Country Boy Mill Site MS#1285, T6S, R77W, Section 32, Qtr 4, 6 th P.M. APPLICANT: Doug Tomlinson OWNER: Tomlinson Brothers, Inc. REQUEST: A Conditional Use Permit for a museum and mining exhibit with accessory uses on 20 acres zoned A-1. PROJECT DESCRIPTION: Location: 542 CR 565 Legal Description: TR 6-77 Sec 32 Qtr 4, 6 th P.M. Country Boy Mill Site MS# 1285 Existing Zoning: A-1 Proposed Use: Museum and Mining Exhibit Other Uses: Mine tour, interpretive sites, barn, gold panning, and a small retail shop Total site area: 20 acres Adjacent land uses: East: Town of Breckenridge, Summit County Open Space, A-1 West: Town of Breckenridge, Summit County Open Space, A-1 North: Town of Breckenridge, Summit County Open Space, A-1 South: Residential, A-1 Wellington Neighborhood French Gulch Rd. Subject Property 1

5 DEVELOPMENT REQUIREMENTS: Required Proposed Lot size (minimum): 20 acres 20 acres Setbacks: 50 feet >50 feet BACKGROUND: A Conditional Use Permit ( CUP ) was originally approved by the Upper Blue Planning Commission for a mine and museum exhibit for the Country Boy Mine on August 26, As defined in the Summit County Land Use and Development Code ( Code ), a museum is: A facility, operated by a public agency or nonprofit organization, where works of artistic, historical, and scientific value are cared for and exhibited, and which may include incidental sales for the purpose of supporting the museum operation. In 1992, a use determination was made by the Summit County Planning Director stating that a mining exhibit was most similar in use to a museum, and although the operation would be commercial, not operated by a public or nonprofit, the impacts would not be significantly different. A second CUP was approved by the Upper Blue Planning Commission for the subject use on September 28, 2006 with the following findings and one (1) condition: Findings: 1. The proposed museum and mining exhibit considers the Summit County Comprehensive Plan, the Upper Blue Master Plan, and the Joint Upper Blue Master Plan, which encourages preservation of historic structures and promotes educational and interpretive efforts to provide information about the County s rich local heritage. 2. The proposed museum and mining exhibit is consistent with the general purpose, goals, and objectives of the A-1 zoning district and is consistent with public health, safety, and welfare for the area. Specifically, this project is in compliance with the County s zoning regulations including, but not limited to height, setbacks, parking, snow storage, and use. 3. The museum and mining exhibit is in harmony and compatible with the surrounding land uses and will not create a substantial adverse impact on adjacent properties in the area. The surrounding properties within French Gulch have been heavily disturbed by mining, with both dredge rock piles and tailings dominating the landscape. 4. The Code does not contain criteria specific to the proposed use. 5. Adequate services and infrastructure are available in this area to serve this museum and mining exhibit. Utilities and access are available. Environmental Health has approved a pit toilet, and water will be transported on-site. Condition: 1. The subject C.U.P. shall be valid for ten (10) years. As indicated by the listed condition, the 2006 Conditional Use Permit expired on September 28, As such, the applicant is requesting another CUP identical to the last request that was approved on September 28, This application was originally scheduled for the October 27 th meeting however during the course of the review it was discovered that in the course of processing a comprehensive amendment to the Land Use and Development Code ( Code ) in 2013, the category museum uses in Figures 3-2 and 3-3 in the Land Use Matrix was changed from a Conditional Use to a use Not Allowed. The amendment was an attempt to clean-up uses that were thought not to be appropriate in the A-1 (Agricultural) zoning designation. The change was done in conjunction with a wide range of other Code amendments and created a nonconforming use situation that the County did not intend. 2

6 In order to remedy this issue, the County processed a code amendment that was heard and recommended for approval by the Countywide Planning Commission on December 5 th and heard and approved by the Board of County Commissioners ( BOCC ) on December 13, As the applicant s narrative (Attachment A) indicates, the operation includes a mine tour, museum and interpretive sites, barn, facilities for group events, gold panning, and a small retail shop. The mine tour takes visitors into the Country Boy Mine tunnel and is permitted by the Colorado Division of Reclamation, Mining, and Safety. The museum and interpretive sites inform the public about the mining history in the area. The museum also includes a small retail shop that sells snacks, drinks and souvenirs. Several burros are on site during the summer and add to the character of the site and experience. The barn also houses draft horses that are used at the Gold Run Nordic center for sleigh rides in the winter. Both the barn and the animals present are permitted uses on a 20 acre, A-1 parcel without a CUP. CRITERIA FOR DECISION: Section of the County s Land Use and Development Code ( Code ) states that the Review Authority may approve a conditional use permit only if the application meets all relevant County regulations and standards and provided the Review Authority makes the following findings: A. The proposal is in general conformance with the goals, policies/actions and provisions of the Summit County Countywide Comprehensive Plan and any applicable basin or subbasin master plans. B. The proposed conditional use is in compliance with the County s Zoning Regulations. C. The use is in harmony and compatible with surrounding land uses and the neighborhood and will not create a substantial adverse impact on adjacent properties or on services and infrastructure. D. Adequate services and infrastructure are available to serve the use or the applicant has obligated himself to provide services and infrastructure in sufficient time to serve the proposed use. General Conformance of Applicable Master Plans: Section of the Code states that development of conditional uses subject to these regulations shall be in general conformance with the goals, policies/actions and other provisions of the Summit County Countywide Comprehensive Plan and any applicable basin or subbasin master plans. The County s master plans are advisory documents and contain recommendations of the vision for the community in a number of different areas (e.g., envisioned use of land) and such goals or policies do not have the force and effect of law. Nevertheless, the Development Code makes general conformance with the provisions of master plans a requirement for certain development applications. The BOCC and planning commissions have the authority to consider and even require compliance with these plans and certain goals and policies contained therein in particular applications (i.e. rezonings, PUDs, subdivisions, CUPs and regulatory revisions). When using and applying a master plan, a Review Authority (i.e. BOCC, Planning Commission or Staff) is entitled to discretion in evaluating whether there has been general conformity and compliance with the County s master plans and assigning weight to particular goals and policies in the plans on a case-by-case basis. Accordingly, Chapter 15 of the Development Code defines general conformance as: When a development application is evaluated regarding its general conformance with applicable master plans, the Review Authority shall evaluate the application against the entirety of the goals, policies and actions contained in the master plans and need not require compliance with every provision contained therein. Nonetheless, the Review Authority may require that an applicant satisfy any particular goal, action or policy if such compliance is deemed necessary to attain general conformance. 3

7 The Countywide Master Plan (Comprehensive Plan) and the Upper Blue Master Plan (Master Plan), both have policies that are applicable to this application. It should be noted that both of these master plans have been revised since the 2006 CUP review and approval however the applicable goals and policies are essentially the same. Countywide Master Plan (Comprehensive Plan): Historic and Cultural Resources Element This portion of the Comprehensive Plan that is applicable to the subject application states the following: The rich history of the County can serve as a benchmark for our community to reflect on as it contemplates its future. Historic buildings that are found serve as reminders of the area s past and an industry that, with the major exception of the Climax Mine, has disappeared. These historic structures and sites also provide an attraction for locals and visitors that adds to the appeal of the area and contributes to the local economy. Given the significance of the historic and cultural resources, it is the intent of this Plan to promote the protection of these resources and encourage efforts to educate visitors and residents about the area s history. Goal A. Policy/Action 2.3 Policy/Action 4. Identify, protect, and enhance the important historical and cultural resources of the County, recognizing that the historic structures, archeological sites, and cultural resources are links to the County s past and should continue to define the future. Preserve historic structures and sites in their existing location when possible and practical. Where it is not practical to retain historic structures in their original location, relocation should occur to another site within the development or within the Basin. Wherever possible and appropriate, promote educational and interpretive efforts to provide property owners, residents, and visitors information about the County s rich local heritage. The Country Boy Museum and Mine by its very function educates residents and visitors about a significant part of the County s past. Operations include a tour of a mine, gold panning and interpretive sites. Upper Blue Basin Master Plan (Master Plan) Recreation and Trails Element Goal E. Maintain and improve recreational and trail access throughout the Basin. Policy/Action 5. Secure easements, property interests, or other agreements to retain winter public recreational access. Over the course of the last two CUP applications, the Open Space and Trails department has attempted to procure an easement for the use of Country Boy Mine Road through the subject property but to date has not come to an agreement. The Open Space and Trails Department reviewed the subject application and indicated that although beyond the scope of the current CUP renewal, staff would like to continue to acknowledge and work with the landowner towards resolution of the access issues that may limit uses of the property and/or restrict 4

8 access through the Country Boy Mine property. More specifically, the County is still interested in working with the applicant via separate agreement to better facilitate the Wellington Trail (being constructed this year) and the B&B trail alignment. The current planned alignment is adjacent to French Gulch Road, but a better and more preferred alignment would necessitate an easement across the northern or front portion of the applicant s property. The Town of Breckenridge also indicated this in their referral comments (Attachment B). Harmony with County Zoning Regulations As defined by the Code, a Museum is: A facility, operated by a public agency or nonprofit organization, where works of artistic, historical, and scientific value are cared for and exhibited, and which may include incidental sales for the purpose of supporting the museum operation. The museum does include a small area of retail sales which staff feels is incidental to the operation and is allowed per the definition of a museum from the Code. Additional events (i.e. birthday parties, anniversaries, etc.) are conducted subsidiary to the museum/mining operation. All food and drink for special events is catered by an off-site provider and no food is prepared on-site. Staff wants to be clear that additional events are acceptable as long as the main purpose of the group is to visit the mine and museum. Staff confirmed with the County s Road and Bridge, Engineering and Sherriff Departments that there have been no traffic or parking related issues associated with the previously approved operations. In the unlikely event this should occur, this would automatically call the CUP into question and trigger a review with the potential for revocation The proposed use is consistent with the general purpose, goals, objectives, and development standards of the A-1 zoning. The Museum and Mine Exhibit is in compliance with the zoning regulations of the A-1 zone district, including but not limited to setbacks, height, parking and site coverage. The proposed use is consistent with the public health, safety and welfare. The operation is permitted by the Colorado Division of Reclamation, Mining and Safety as a tourist mine. Compatibility with Surrounding Land Uses and Impacts on Services and Infrastructure Most of the surrounding property is part of the land that was purchased by the Town of Breckenridge and Summit County as open space. To the south is a 46.5-acre parcel of A-1 property with one single family residence. This residence is approximately 1200 feet from the mine and museum operation. The surrounding properties within French Gulch have been heavily disturbed by mining, with both dredge rock piles and tailings dominating the landscape. Staff feels that the proposed use is appropriate for the area given its history and character. No public comments regarding this proposal have been received. The applicant has asked for this CUP, if approved, to be valid for at least 10 years, in order to have a degree of security. Based on the previous approval and no issues with the use over the course of the last decade, Staff would support the requested 10 year length of validity. Adequate Services and Infrastructure: Utilities currently service the site. Sewer is provided by a pit toilet that has been approved by the Environmental Health Department. Water is brought on site daily for employees and is available to purchase in the retail shop. Access is from French Gulch Road via an easement across the Town and County s property. All group events are catered with no food preparation on-site. In addition the County s Engineering Department reviewed the subject application and indicated that the proposed use is consistent with the last CUP, and no known adverse impacts to the general public's health, safety or welfare have resulted from this operation, the Engineering and Road & Bridge Departments have 5

9 no suggested revisions or modifications to the CUP as proposed, and are not opposed to its approval. Lastly, the Red, White and Blue Fire District reviewed the subject application and indicated that they have no concerns with the approval of this conditional use permit. STAFF RECOMMENDATION: Staff recommends that the Upper Blue Planning Commission approve Planning Case #16-095, a conditional use permit for a museum and a mining exhibit at the Country Boy Mill Site MS# 1285, TR 6-77 Sec 32 Qtr 4, 6 th P.M. with the findings and condition contained in the attached resolution. ATTACHMENTS: A. Applicant s Narrative B. Town of Breckenridge s referral comments C. Draft Resolution 6

10 RESOLUTION NO Before the Upper Blue Planning Commission County of Summit State of Colorado A RESOLUTION APPROVING PLANNING CASE #16-095, A CONDITIONAL USE PERMIT FOR A MUSEUM AND MINING EXHIBIT AT THE COUNTRY BOY MILL SITE MS# 1285, TR 6-77 SEC 32 QTR 4, 6 th P.M. (Applicant: Doug Tomlinson) WHEREAS, Doug Tomlinson has made application to the Upper Blue Planning Commission for approval of a conditional use permit for a museum and mining exhibit at the Country Boy Mill Site MS# 1285, TR 6-77 Sec 32 Qtr 4, 6 th P.M.; and, WHEREAS, the Summit County Planning Department has reviewed the application and it has recommended approval of the application to the Upper Blue Planning Commission; and, WHEREAS, the Upper Blue Planning Commission has held a public hearing, with public notice as required by law, on December 22, 2016, and has considered the testimony and evidence presented at the hearing; and, WHEREAS, the Upper Blue Planning Commission finds as follows: 1. The proposed museum and mining exhibit considers the Summit County Comprehensive Plan, the Upper Blue Master Plan, and the Joint Upper Blue Master Plan, which encourages preservation of historic structures and promotes educational and interpretive efforts to provide information about the County s rich local heritage. 2. The proposed museum and mining exhibit is consistent with the general purpose, goals, and objectives of the A-1 zoning district and is consistent with public health, safety, and welfare for the area. Specifically, this project is in compliance with the County s zoning regulations including, but not limited to height, setbacks, parking, snow storage, and use. Additional events are acceptable as long as the main purpose of the group is to visit the mine and museum. 3. The museum and mining exhibit is in harmony and compatible with the surrounding land uses and will not create a substantial adverse impact on adjacent properties in the area. The surrounding properties within French Gulch have been heavily disturbed by mining, with both dredge rock piles and tailings dominating the landscape. 4. Adequate services and infrastructure are available in this area to serve this museum and mining exhibit. Utilities and access are available. Environmental Health has approved a pit toilet, and water will be transported on-site. NOW, THEREFORE, BE IT RESOLVED BY THE UPPER BLUE PLANNING COMMISSION OF SUMMIT COUNTY, COLORADO, THAT a conditional use permit for a museum and mining exhibit at the Country Boy Mill Site MS# 1285, TR 6-77 Sec 32 Qtr 4, 6 th P.M. is hereby approved with the following condition: 1. The subject CUP shall be valid for ten (10) years. 7

11 UPPER BLUE PLANNING COMMISSION OF SUMMIT COUNTY, COLORADO BY: Drew Goldsmith, Chairman ATTEST: Lindsay Hirsh, Senior Planner 8

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