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Home My Public Portal AboutPCM 2009-05-27 FRASER PLANNING COMMISSION MINUTES DATE: MEETING: Wednesday, May 27,2009 Planning Commission Special Meeting PLACE: Town Hall Board Room PRESENT Commission: Commissioners: Chair-Steve Sumrall, Vesta Shapiro, Philip Naill, Scott Brent, Mayor Cook, Katie Soles Staff: Others: Town Planner Catherine Trotter, Town Clerk Lu Berger Carrie McCool, McCool Development Solutions. Chairperson Sumrall called the meeting to order at 5:40 p.m. 1. Roll Call 2. Approval of April 29, 2009 meeting minutes. Comm. Shapiro moved, and Mayor Cook seconded the motion to approve the minutes. Motion carried: 6-0. 3. Action Items a. First Amendment to Grand Park Master Sign Plan This agenda item was continued from the last meeting. Staff has not received any revisions from Clark on the MSP. He has asked to come to PC for more direction and more discussion on the standards section. The applicant did not appear at the Planning Commission. Discussion on how to move forward was held. Comm. Soles moved, and Comm. Shapiro seconded the motion that Staff will provide to the applicant a revised staff report clarifying all outstanding issues. Applicant is required to resubmit a revision to the First Amendment to the Grand Park Master Sign Plan addressing issues outlined in the revised staff report. Applicant shall be scheduled for a future Planning Commission meeting after staff has reviewed this re-submittal. Motion carried: 6-0. 4. Open Forum a. None 5. Action Items a. Mo Henry's Development Permit - one year extension request The applicant is requesting a one year extension. Hank & Mitch Kirwan addressed the Commission. The development they are waiting to move into has had some financing issues and the project was delayed. They would like to extend the permit to allow them to stay where they are until the building is complete. Mayor Cook moved, and Comm. Soles seconded the motion approve the Mo Henry's Development Permit - one year extension request until June 30' 2010. Motion Carried: 6-0. b. PUBLIC HEARING Development Permit - Fraser Farmers' Market on FroDo property. Applicant Winter Park/Fraser Valley Chamber of Commerce/Town of Fraser. Comm. Soles moved and Comm. Naill seconded the motion to open the Public Hearing on the Fraser Farmers' Market on FroDo property. Motion Carried: 6-0. TP Trotter gave proof of publication. The Winter Park/Fraser Valley Chamber of Commerce and the Town of Fraser are working together to get a Farmers' Market up and running on the Town's Frodo property this summer. TP Trotter and Debbie Harris addressed the Commission on the progress of the Farmers' Market. Comm. Shapiro moved and Comm. Brent seconded the motion to close the Public Hearing on the Fraser Farmers' Market on FroDo property. Motion Carried: 6-0. Comm. Naill moved, and Comm. Brent seconded the motion to approve Development Permit - Fraser Farmers' Market on Fro Do property with Debbie Harris to amend the verbiage allowing services to be sold in the 'What can be Sold" section of the Fraser Farmers' Market Rules and Regulations and the Vendor Agreement. Motion Carried: 6-0. c. PUBLIC HEARING Minor Subdivision - Final Plat/As-Built Plat Givens Condominiums Mayor Cook moved and Comm. Naill seconded the motion to open the Public Hearing on the Minor Subdivision - Final Plat/As-Built Plat Givens Condominiums. Motion Carried: 6-0. TP Trotter gave proof of publication and offered the following presentation: Comm. Sumrall offered to recuse himself due to his position on the ZBA. Tim and Karen Givens (the applicant) are processing a combined final plat & as-built plat for a minor subdivision. The section of the Fraser Town Code which regulates minor subdivisions is Chapter 17, Article 4. David Michel represented the applicant. The applicant is proposing to condominiumize an existing duplex (2 units) located on Quail Drive. In the process of preparing the plat, the applicant realized that certain improvements to the property were located within the front and side yard setbacks of the property. A public hearing at the Board of Zoning Adjustment (ZBA) for this variance request is scheduled. Any condition of approval for this subdivision should require approval of this variance request at the June 1st public hearing at the ZBA. All documents have been reviewed by Rod McGowan Included in the packet was the complete application submittal. The plat indicates a 15' 'easement' adjacent to the southern property line. Qwest has agreed to adjust the width of this easement from 15' to 10'. The plat indicates that there are 2 existing sheds that are currently encroaching in the rear and side yard setbacks. The plat states that the sheds are to be removed. There is reference to the "north and west sides setback variance resolution no." adjacent to the north property line. This should be amended to say '1ront and side yard setback variances approved at the June 1 ", 2009 ZBA meeting." Harold Howland, Building Official for the WP/Fraser Building Department, has inspected the existing Givens' duplex and has provided written documentation that there is a "one- hour fire-resistive separation between dwelling units." Thus the applicable requirements of the building code have been met. Mayor Cook moved and Comm. Shapiro seconded the motion to close the Public Hearing on the Minor Subdivision - Final Plat/As-Built Plat Givens Condominiums. Motion Carried: 6-0. Mayor Cook moved, and Comm. Naill seconded the motion approve Minor Subdivision - Final Plat/As-Built Plat - Givens Condominiums with the following conditions: 1. Pending variance application to be approved by the ZBA at the June 1 st 2009 public hearing. 2. The right-of-way easement modification document needs to be recorded prior to recording the plat. 3. The 2 existing sheds need to be removed prior to recording the plat. 4. Variance approval language to be amended per this staff briefing. 5. Approval of all documents by the Town Attorney 6. CC&R's page 2, "Now Therefore" states: The maximum number of Units which Declarant reserves the right to create within the Property is Six (6); revise to 2 units. 7. Correct the declarant's rights (section 10.00) to match general provisions (section 11.00) in terms of "periods of years." 6. Staff Choice . TP Trotter- Received another application for a Farmer's Market at the Village property. Staff will bring it back to the PC on June 24, 2009. 7. Commissioners' Choice Comm. Naill- June 20'h 8-11 :30 Town clean-up with a barbecue following at the Lion's Pond. Comm. Shapiro - Town wide yard sale, could be a good Saturday project. Comm. Shapiro moved, and Comm. Soles seconded the motion to adjourn. 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