HomeMy Public PortalAboutPCM 2012-05-23 FRASER PLANNING COMMISSION
MINUTES
DATE: Wednesday, May 23, 2012
MEETING: Planning Commission Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Commission: Commissioners: Vice Chair Steve Sumrall, Peggy Smith, Katie Soles,
Vesta Shapiro
Staff: Town Planner, Catherine Trotter; Town Clerk, Lu Berger
Others: See attached list
Chairperson called the meeting to order at 7:07 p.m.
1. Roll Call:
2. Approval of Agenda: Minutes of April 25, 2012
Commissioner Smith moved, and Commissioner Soles seconded the motion to approve
the Agenda. Motion carried: 4-0.
3. Open Forum:
4. Public Hearing and Action
a. Subdivision Exemption Plat— Planning Area 20W
Commissioner Soles moved, and Commissioner Shapiro seconded the motion to open
the Public Hearing on the Subdivision Exemption Plat— Planning Area 20W. Motion
carried: 4-0.
Proof of publication and notice to adjacent property owners was entered into the record.
We are in receipt of a subdivision exemption plat for Planning Area 20W which is a 40
acre tract of land located within the Grand Park Planned Development District (PDD) at
Reception #2005-012709. (The GP PDD allows for 26 detached residential and 56
attached residential in Planning Area 20W.)
Article 11.0 of the Amended and Restated Annexation Agreement details the process for
the transfer of planning areas. It states the following:
A division of portions of the Rendezvous Property consistent with the Planning Area
boundaries shall require approval of a subdivision exemption plat in compliance with the
requirements of the Subdivision Regulations. The plat shall include a notation that
approvals by Fraser of the plat does not insure access rights, availability of utilities or
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ability of subdivided parcel to be served by any utilities, and a further notation that all
subsequent subdivisions and any application for Final Planned Development Plan
(FPDP) approval shall comply with Articles 5.0, 6.0., 7.0, 8.0, 9.0 and 10.0 and all other
applicable provisions of this Agreement, the Subdivision Regulations and the PDD
ordinance.
The subdivision exemption process is detailed in the Fraser Municipal Code in Section
17-3-10. The required notes per the Annexation Agreement are on the plat. This
process just allows this 40 acre tract of land to be transferred from Grand Park to
Rendezvous. As stated above, any development on this parcel will require additional
public hearings and the processing of a Final Planned Development Plan and
Subdivision Plat.
Commissioner Soles moved, and Commissioner Smith seconded the motion to close
the Public Hearing on the Subdivision Exemption Plat— Planning Area 20W. Motion
carried: 4-0.
Commissioner Soles moved, and Commissioner Smith seconded the motion to approve
the Subdivision Exemption Plat— Planning Area 20W with the following conditions:
1. Change the Reception #in the title to #2005-012709 (which is the GP PDD
Reception #). Delete reference to Reception #2004-005235.
2. The legal should be Township 1 South, not North.
3. In Note #7, the Reception number for the Amended and Restated Annexation
Agreement should be 2003-016733 dated 12/30/2003. The First Amendment to
Annexation Agreement is Reception #2005-012708 dated 11/8/2005. Make these
changes to Note#7. Motion carried: 4-0.
b. Minor Plat Amendment of East Mountain Filing 7
Commissioner Soles moved, and Commissioner Shapiro seconded the motion to open
the public hearing on the Minor Plat Amendment of East Mountain Filing 7. Motion
carried: 4-0.
Proof of publication and notice to adjacent property owners was entered into the record.
We are in receipt of a minor plat amendment for East Mountain Filing 7. The recorded
plat for EMF7 is included in the packet. The minor plat amendment process is detailed
in the Fraser Municipal Code in Section 17-3-70. The code states the following:
Certain minor amendments to approved and recorded plats may be considered via a
minor plat amendment upon petition by the owner of the property and approval by the
Board of Trustees, in cases where a majority of the following conditions are met:
1. The approval of the minor plat amendment will not be detrimental to the public
safety, health or welfare or injurious to other adjacent properties.
2. The minor plat amendment is in conformity with other policies and criteria as
established by the Planning Commission.
3. The minor plat amendment would not alter the overall nature, character, density or
intent of the approved plat.
4. The minor plat amendment request is the result of site conditions encountered after
initiation of development, mitigation of plat notes or conditions via alternate means
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approved by the Planning Commission and Board of Trustees, or errors in
engineering or surveying.
5. The minor plat amendment is consistent with the original intent of the subdivision
and/or conditions or plat notes.
The applicant, Rendezvous Colorado, LLC has submitted a petition requesting the minor
plat amendment, describing the impact and the need for the amendment and has
addressed a majority of the conditions as listed above in Section 17-3-80 (a) 1-5). The
Code also states that in cases where the effects of a minor plat amendment are
determined to be negligible to all property owners within the subdivision, the minor plat
amendment may be processed on behalf of all owners by a majority of owners, affected
owners, the developer of the subdivision or the owner's association. In such cases, the
applicant shall provide evidence of notice of the request and hearing to all owners within
the subdivision.
As detailed in the petition, Rendezvous is requesting this minor plat amendment to allow
for minor architectural changes to Elk Horn Townhomes, specifically buildings 14 and
15. Each building has 3 townhome units per building. This slight architectural change
changes the open space, Tract A, from 16.55 acres to 16.50 acres.
Commissioner Soles moved, and Commissioner Shapiro seconded the motion to close
the public hearing on the Minor Plat Amendment of East Mountain Filing 7. Motion
carried: 4-0.
Commissioner Smith moved, and Commissioner Shapiro seconded the motion to
approve the Minor Plat Amendment of East Mountain Filing 7 with the following
conditions:
1. Amend plat note#15 to include the Reception #for the FPDP which is #
2007005601.
2. The word "Amendment" needs to be spelled correctly throughout the document.
Motion carried: 4-0.
5. Discussion and Possible Action Regarding:
a. Zoning Code Enforcement
Discussion on Planning Commission taking on the role of the Zoning Board of
adjustment.
6. Adjourn
Commissioner Shapiro moved, and Commissioner Smith seconded the motion to
adjourn. Motion carried:4-0. Meeting adjourned at-7:57 p.m.
Lu Berger, Town CI
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