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Home My Public Portal AboutPCM 2014-05-14 FRASER PLANNING COMMISSION MINUTES DATE: Wednesday May 14, 2014 MEETING: Planning Commission Special Meeting PLACE: Fraser Town Hall Board Room PRESENT Commission: Commissioners: Chair Jean Wolter, Vice Chair Steve Sumrall, Cody Clayton Taylor, Jane Mather, Herb Meyring, Parnell Quinn Staff: Town Planner, Catherine Trotter; Town Clerk, Lu Berger Others: See attached list Chairperson called the meeting to order at 6:34 p.m. 1. Roll Call: 2. Approval of Minutes: Minutes of February 26, 2014 Commissioner Sumrall moved, and Commissioner Taylor seconded the motion to approve the Minutes. Motion carried: 6-0. 3. Open Forum: a. Business not on the agenda b. Meet & Greet the new Planning Commissioners 4. Public Hearing/Regarding: a. Subdivision Exemption —Amended Lot 26, EMF1 Commissioner Sumrall moved, and Commissioner Taylor seconded the motion to open the public hearing for Subdivision Exemption —Amended Lot 26, EMF1. Motion carried: 6-0. Proof of publication and certified mail return receipts were entered into the record. TP Trotter outlined the request from the applicant for the Commissioners. The applicant is Piton Properties, LLC. represented by Kent Whitmer. Piton Properties, LLC., owns Lot 25 and Lot 26, East Mountain-Filing 1. There is currently an existing single family dwelling on Lot 26. The applicant is requesting approval of this subdivision exemption plat to vacate the lot line and forever combine both lots into one new lot in order to minimize taxes and HOA assessments, expand the lot size and protect privacy. Approval and recordation of this exemption plat will forever combine Lots 25 and 26, such that neither will independently be sold, transferred or mortgaged separately. Page 2 of 5 The packet contained a letter from Kent Whitmer detailing this request and letter from Rendezvous Homeowners Association approving the combining of the two lots with a couple of conditions. Commissioner Sumrall moved, and Commissioner Mather seconded the motion to close the public hearing for Subdivision Exemption —Amended Lot 26, EMF1. Motion carried: 6-0. Commissioner Sumrall moved, and Commissioner Meyring seconded the motion to approve Resolution 2014-05-01 Approving the Subdivision Exemption —Amended Lot 26, EMF1. Motion carried: 6-0. b. Subdivision Exemption —Amended Lot 43, EMF1 Commissioner Sumrall moved, and Commissioner Taylor seconded the motion to open the public hearing for Subdivision Exemption —Amended Lot 43, EMF1. Motion carried: 6-0. Proof of publication and certified mail return receipts were entered into the record. TP Trotter outlined the request from the applicant for the Commissioners. This application is being processed as a Subdivision Exemption in accordance with Section 17-3-10 of the Fraser Municipal Code. The Code states that certain divisions of property may be exempted from the requirements of this Chapter if the activity meets the following condition(s): the division does not result in the creation of an additional lot and/or the division is for the purpose of revising lot lines, only if it creates no more than the prior recorded number of lots, and if such exemption is approved by the Board of Trustees. The applicants are Michael W and Mary A. Wells, represented by Kent Whitmer. The Wells own Lot 39 and Lot 43, East Mountain-Filing 1. There is currently an existing single family dwelling on Lot 43. The applicant is requesting approval of this subdivision exemption plat to vacate the lot line and combine both lots into one new lot in order to minimize taxes and HOA assessments, expand the lot size and protect privacy. Approval and recordation of this exemption plat will forever combine Lots 39 and 43, such that neither will independently be sold, transferred or mortgaged separately. A letter from Kent Whitmer detailing this request and letter from Rendezvous Homeowners Association approving the combining of the two lots with a couple of conditions. Commissioner Sumrall moved, and Commissioner Taylor seconded the motion to close the public hearing for Subdivision Exemption —Amended Lot 43, EMF1. Motion carried: 6-0. Commissioner Sumrall moved, and Commissioner Taylor seconded the motion to approve Resolution 2014-05-02 Approving Subdivision Exemption —Amended Lot 43, EMF1 with the following condition: Page 3 of 5 1. The plat changes the name of the road from Cozens Ridge Road to Cozens Ridge. Motion carried: 6-0. C. Final Plan —The Willows at Grand Park (Planning Area 2W.1) and Major Subdivision — Preliminary Plat The Willows at Grand Park - Filing No. 1 The Willows at Grand Park - Filing No. 2 The Willows at Grand Park- Filing No. 3 The Willows at Grand Park - Filing No. 4 Commissioner Sumrall moved, and Commissioner Quinn seconded the motion to open the public hearing for Final Plan —The Willows at Grand Park (Planning Area 2W.1) and the Major Subdivision — Preliminary Plat; The Willows at Grand Park - Filing No. 1; The Willows at Grand Park - Filing No. 2; The Willows at Grand Park- Filing No. 3; The Willows at Grand Park- Filing No. 4. Motion carried: 6-0. Proof of publication and certified mail return receipts were entered into the record. TP Trotter outlined the request from the applicant for the Commissioners. This property is zoned Planned Development District— PD and we are processing a Final Planned Development Plan/Final Plan (FPDP)) and a Major Subdivision Preliminary Plat, Filings No. 1, 2, 3 and 4 concurrently. The Final Plan application is being processed in accordance with Section 16-5-410 of the Fraser Municipal Code. The Grand Park development is subject to the requirements contained in the 2003 Rendezvous Annexation Agreement and Planned Development District Plan (PDD), as amended by the 2005 Grand Park PDD Plan amendment. This proposal relates to Planning Area (PA) 2W, as shown on the Grand Park PDD Plan, Reception # 2005-012709, but only a portion of PA2W is covered by this proposal. The PDD land use and development notes indicate that "2W comprises 33.8 acres on an upland on the west side of Cozens Meadow. The area is adjacent to the railroad and served by Old Victory Road. A series of ponds and wetland related landscape may be utilized to transition to the pasture condition of the meadow." The development standards for PA 2W allow for a mixed-use land use, a 10% open space requirement and a 75' maximum building height. There is a 15' improvement and 20' building setback from Old Victory Road. Setbacks allowed in mixed-use planning areas are subject to FPDP and plat approval of the Town of Fraser. The entitlements in the PDD allow for 150 detached and 100 attached residential units, 278 lodging units and 30,000 SF commercial. This subdivision application is being processed as a Major Subdivision in accordance with Section 17-5-10 of the Fraser Municipal Code. The purpose of a major subdivision plat is to divide one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5( or more dwelling units. Grand Park Development LLC, the applicant, is proposing 70 duplex/zero lot line lots to be platted and constructed in four phases. Page 4 of 5 Old Victory Road is paved to the Cozens Meadow subdivision, in the vicinity of Meadow Trail. The rest of the road is gravel and needs to be constructed to Town of Fraser standards prior to the road being dedicated to Fraser for maintenance and ownership. Rod McGowan, Town Attorney, has indicated the following_ "The Grand Park development is subject to the requirements contained in the 2003 Rendezvous Annexation Agreement and the PDD plan, as amended by the 2005 Grand Park PDD Plan amendment. The application materials suggest that Grand Park only intends to complete and pave the interior roads within the proposed subdivision, and that OVR will be utilized temporarily as a gravel road which will be maintained by Grand Park. There was no reference as to when the developer purposes to complete OVR and dedicate it to the Town." "Under the terms of the Annexation Agreement and the PDD plan, Grand Park is obligated to construct OVR as a two-lane paved road to serve the Grand Park development, with an 80-foot right-of-way and adjacent trail. While no specific time is stated for construction, the determination of the location and extent of roadway construction is to be determined in connection with FPDP and subdivision review. Since the Willows development is the only remaining area to be developed along the southerly segment of OVR, and it is some distance from the existing primary access at Highway 40 near the Bank of the West, the Fraser Planning Commission and Board of Trustees could reasonably conclude that construction and dedication of the remaining segment of OVR is necessary to serve the development and provide a second means of access, as required by the PDD and subdivision regulations." Jeff Vogel, Planner for Grand Park and Clark Lipscomb, developer briefed the Commissioners on the applicant's desire to change the product being offered on the Final Plan, thus the desire to make changes to the prior submitted plan. Commissioner Sumrall moved, and Commissioner Quinn seconded the motion to close the public hearing for Final Plan —The Willows at Grand Park (Planning Area 2W.1) and the Major Subdivision — Preliminary Plat; The Willows at Grand Park - Filing No. 1; The Willows at Grand Park - Filing No. 2; The Willows at Grand Park - Filing No. 3; The Willows at Grand Park - Filing No. 4. Motion carried: 6-0. Commissioner Taylor moved, and Commissioner Sumrall seconded the motion to approve Resolution 2014-05-03 approving The Willows at Grand Park (Planning Area 2W.1) and the Major Subdivision — Preliminary Plat; The Willows at Grand Park - Filing No. 1; The Willows at Grand Park - Filing No. 2; The Willows at Grand Park- Filing No. 3; The Willows at Grand Park- Filing No. 4 with the following conditions: 1. All preliminary plat sheets have the Section listed as 28 and it should be 29. Revise accordingly. 2. Address review agency comments. 3. A party wall agreement must be submitted in conjunction with any final plat submittal. 4. Clarify the average density number on the FPDP to reflect numbers of units/land area within this portion of Planning Area 2W. 5. Provide additional sewer easements as necessary. Motion carried: 6-0. 5. Adjourn Page 5 of 5 Commissioner Quinn moved, and Commissioner Sumrall seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at :17 p.m. Lu Berger, Town CF*k OF SEAL 0ORADO�