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Home My Public Portal AboutPCM 2015-05-13 FRASER PLANNING COMMISSION MINUTES DATE: Wednesday May 13, 2015 MEETING: Planning Commission Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Commission: Commissioners: Chair Jean Wolter, Steve Sumrall, Peggy Smith, Cody Clayton Taylor, Parnell Quinn, Staff: Town Planner, Catherine Trotter; Town Clerk, Lu Berger Others: See attached list Chairperson called the meeting to order at 6:09 p.m. 1. Roll Call: 2. Approval of Agenda: Minutes April 22, 2015 Commissioner Taylor moved, and Commissioner Sumrall seconded the motion to approve the Agenda. Motion carried: 5-0. 3. Open Forum: 4. Public Hearing/Regarding: a. Preliminary Plat - East Mountain Filing 9 & Final Planned Development Plan - East Mountain Filing 9 (Planning Area 9E.1) Rendezvous PDD Commissioner Quinn moved, and Commissioner Smith seconded the motion to open the continued public hearing on Preliminary Plat - East Mountain Filing 9 & Final Planned Development Plan - East Mountain Filing 9 (Planning Area 9E.1) Rendezvous PDD Motion carried: 5-0. The Final Plan application is being processed in accordance with Section 16-5-410 of the Fraser Municipal Code. The Rendezvous development is also subject to the requirements contained in the 2003 Rendezvous Annexation Agreement and Planned Development District Plan (PDD). This proposal relates to a portion of Planning Area (PA) 9E, as shown on the Rendezvous PDD Plan, Reception # 2003-016735. The entitlements in the PDD for all of PA 9E (approximately 19.9 acres) allow for 160 attached residential units with an average density of 8 units per acre. The approved development standards for attached units require 15% open space and a 45' maximum building height. Required setbacks in PA 9E are 10' in the front yard, 6' in the side yard and 10' in the rear yard. Page 2 of 6 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. The applicant, is proposing 54 single-family attached lots, 54 detached garage units and 63 10' X 20' surface parking spaces accessed by private roads and a 'soft surface' trail system. There are some existing utilities that will need to be abandoned and/or relocated with this development. A Subdivision Improvement Agreement (SIA)will be submitted in conjunction with the Final Plat. Rod McGowan, Town Attorney, has provided review comments on the proposed subdivision application. All comments pursuant to the Annexation Agreement shall be forwarded to the Town Board for review and consideration. Jeff Vogel of Vogel and Associates, representing Rendezvous briefed the Commission on the proposed development. Public comment was taken from: Bill Detwerler Ruth Spano Art Ferrari Commissioner Smith moved, and Commissioner Taylor seconded the motion to close the public hearing on Preliminary Plat - East Mountain Filing 9 & Final Planned Development Plan - East Mountain Filing 9 (Planning Area 9E.1) Rendezvous PDD. Motion carried: 5-0. Staff would recommend approval with conditions: Commissioner Sumrall moved, and Commissioner Smith seconded the motion to approve Planning Commission Resolution 2015-05-01 Recommending Approval of Preliminary Plat - East Mountain Filing 9 & Final Planned Development Plan - East Mountain Filing 9 (Planning Area 9E.1) Rendezvous PDD with the following conditions: 1. Revise documentation to delete reference to condos. 2. Plat note#4 needs to clarify ownership and maintenance of trails and sidewalks. 3. Delete plat note #6 and #7. 4. Provide any and all off-site easements. Reception numbers of any such easements shall be listed on the plat. 5. Clarify ownership of streets and open space on plat. 6. Provide rendering of dumpster enclosure and add cost to engineer's estimate for Subdivision Improvement agreement (SIA). 7. Delete Planning Commission certificate from plat. 8. Provide new street names for Trailside Loop and Osprey Point. 9. Add the well site on the Site Analysis to the Final Plan sheet 2 of 5. 10. Setback language on plat and plan needs to be consistent. 11. Add detention facility recorded easement location and information to all documentation. Page 3 of 6 12. Add Mountain Parks Electric language to plat notes. 13. Address all of Jim Swanson's comments in the JRS memo dated March 26, 2015 and revise documentation accordingly. 14. Add the following plat note: Existing sanitary sewer lines and water lines to be abandoned and located within the boundary of Filing 9, shall be physically removed from the site. The infrastructure shall be adequately capped at the boundary of Filing 9 in a manner described in Chapter 14— Design Criteria and Construction Standards of the Fraser Code and approved by Fraser. 15. All Town Attorney comments pursuant to the Annexation Agreement shall be forwarded to the Town Board for review and consideration. 16. Provide off-site easement or dedicate the adjacent portion of 4E to the Town as it appears that facilities are encroaching onto 4E. 17. Any third-party utility easements to be vacated will require written approval of the utility providers using the easements. Motion carried: 5-0. b. Preliminary Plat— Elk Creek at Grand Park & Final Planned Development Plan - Elk Creek at Grand Park (Planning Area 5W) Grand Park PDD Commissioner Taylor moved, and Commissioner Smith seconded the motion to open the continued public hearing on Preliminary Plat— Elk Creek at Grand Park & Final Planned Development Plan - Elk Creek at Grand Park (Planning Area 5W) Grand Park PDD Motion carried: 5-0. The Final Plan application is being processed in accordance with Section 16-5-410 of the Fraser Municipal Code. The Grand Park development is also 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 a portion of Planning Area (PA) 5W, as shown on the Grand Park PDD Plan, Reception #2005-012709. The PDD land use and development notes indicate that "5W comprises 17.1 acres between the Union Pacific Railroad and Elk Creek Meadow. Site planning considerations for this residential neighborhood will include its relationship to the Elk Creek Meadow, buffering the railroad and the commercial planned in 4W." The entitlements in the PDD for PA 5W allow for 70 detached and 30 attached residential units with an average density of 4.5 units per acre. The approved development standards for detached units requires 15% open space and a 35' maximum building height. Required setbacks in PA 5W are 10' in the front yard, 6' in the side yard and 10' in the rear yard. 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. The applicant is proposing 71 single-family lots to be platted and constructed in five (5) phases accessed by public roads with a sidewalk on one side of the road. The Fraser Municipal Code Sec. 17-5-110 allows for a phased development review process. The SIA is required prior to the recordation of each final plat. The SIA required Page 4 of 6 improvements and collateral associated with those improvements shall be subject to Town Engineer and Town Attorney approval prior to execution, and the schedule for completion of said improvements shall be within one (1) year of execution of the SIA. Any final plat not executed and recorded within five (5)years of approval of the final plat shall expire unless an extension is approved by the Board of Trustees. The Town may condition a phasing plan on the submission of an agreement to dedicate easements or rights-of-way. A Subdivision Improvement Agreement (SIA)will be submitted in conjunction with the Final Plat. There is a variance review procedure in the Fraser Municipal Code that must be adhered to if an applicant is seeking a variance from Design Criteria and Construction Standards. "The variance will be reviewed and considered to determine if the variance will produce a comparable result which is in the Town's interest and meets the objectives of public safety, function, fire protection, appearance and maintainability based upon sound engineering judgment. The variances may be granted by the Town Manager upon completion of the review and evaluation. An appeal of the decision may be made to the Board of Trustees." The applicant has requested one variance to the Standards relating to sanitary sewer service lines connecting directly into a manhole. See Phelps Engineering variance request letter. The Standards state that the maximum length of a street ending in a turnaround is 500'. The Standards also state that the maximum length of a dead-end waterline is 500'. It appears that the applicant is proposing a dead-end street ending in a turnaround that is greater than 500'. It also appears that the applicant is proposing a dead-end waterline that is greater than 500'. The Standards also require 5' sidewalks and the applicant is proposing 4' sidewalks. All of these items referenced above require variances requests. The applicant has provided one access into the proposed subdivision with an emergency vehicle access to CR 72. The applicant suggests that the Annexation Agreement allows for a divided roadway to meet the dual access requirements specified in the Fraser Municipal Code. Staff doesn't agree with this interpretation and recommends that the documents be revised to make the emergency vehicle access a local street in accordance with Town Standards. The Roadway Master Plan on the Grand Park PDD (sheet 11 of 11) states that "provision will be made for permanent public roadway and trail access between CR 72 and Old Victory Road." This is another argument in favor of making the emergency vehicle access a local street in accordance with Town Standards. The US Army Corps of Engineers (USACE) has provided comments indicated that the Section 404 permit for this project expired in December 2013 and as such, no authorization for the placement of dredged or fill material into waters of the United States currently exists for this proposed project. The applicant maintains that "the Elk Creek impacts have been made and mitigated prior to the permit expiring in 2013." Staff recommends that the applicant provide additional written documentation from the USACE confirming this. Page 5of6 The Cornerstone Attainable Housing Plan, April 20, 2005, proposes that workforce housing will be constructed in the Elk Creek Planning Area as required by the Amended and Restated Annexation Agreement. The applicant has indicated in the project overview that attainable housing will not be incorporated into this planning area. The applicant has submitted a draft conservation easement which is a requirement of the Annexation Agreement. All legal comments pursuant to the Annexation Agreement shall be forwarded to the Town Board for review and consideration. Layla Rosales and Jack Bestall outlined the proposed development for the Commission. Public comment was taken from: Paula Smith Andy Hansen G.R. Ashbach Sam Brewer Dennis Soles — representing East Grand Fire Department Patty Hansen Commissioner Taylor moved, and Commissioner Quinn seconded the motion to close the public hearing for Preliminary Plat— Elk Creek at Grand Park & Final Planned Development Plan - Elk Creek at Grand Park (Planning Area 5W) Grand Park PDD. Motion carried: 5-0. Commissioner Taylor moved, and Commissioner Quinn seconded the motion to approve Planning Commission Resolution 2015-05-02 Recommending Approval of Preliminary Plat— Elk Creek at Grand Park & Final Planned Development Plan -Elk Creek at Grand Park (Planning Area 5W) Grand Park PDD with the following conditions: 1. The applicant shall provide written documentation from the USACE that the Elk Creek wetlands impacts have been made and mitigated prior to the 404 permit expiring in 2013 and written documentation from the Corps, confirming that the applicant is in compliance with the requirements to fill within the waters of the United States on Elk Creek within Grand Park planning area 5W. 2. Revise documents to respond to Planner memo (dated April 7, 2015) comments 1-8. 3. The documents should be revised to make the "emergency vehicle access" a local street in accordance with Standards. In addition, the local street should include a trail per the PDD plan requirement for a connection between Old Victory Road and CR 72. 4. Add density per acre to the Plat and Final Plan. 5. The documents denote a typical road section with 3" asphalt. Change to 5" in accordance with Standards. 6. On the Final Plan, add lot numbers to all sheets. 7. The propose density transfer shall be documented on the Final Plan. 8. Revise plat boundary to include the trash enclosure. 9. Provide any and all off-site easements. Reception numbers of any such easements shall be listed on the plat. Page 6 of 6 10. Provide rendering of dumpster enclosure and add cost to engineer's estimate for Subdivision Improvement agreement (SIA). 11. Show all existing and proposed easements on the plat. 12. All Town Attorney comments pursuant to the Annexation Agreement, easements and other legal documentation shall be forwarded to the Town Board for review and consideration. 13. The Attainable Housing Plan shall be forwarded to the Town Board for review and consideration and the plan and plat may be modified accordingly. 14. Address all of Jim Swanson's comments in the JRS memo dated April 6, 2015 and revise documentation accordingly. 15. Provide variance requests relating to the following three items: maximum length of a street ending in a turnaround, maximum length of a dead-end waterline and sidewalk width. Motion carried: 5-0. 5. Adjourn Commissioner Smith moved, and Commissioner Taylor seconded the motion to adjourn. Motion carried: 5-0. Meeting adjourned at 9:05 p.m. 04 OF Rp v lam` 0 f ,s° ' Lu Berger, Town ,4lerk SEAL cO�ORAO° COLORADO: ., _•,..., _ .,...:8 ..,...„.„.,-, ,,,,,,,,,,, : ,.........,_. _ t..., PLANNING COMMISSION REGULAR MEETING REGISTRATION SHEET May 13, 2015 The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to the Town Board.Those wishing to address the Town Board will be allowed a five-minute presentation.A maximum of six(6) people will be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town Board Meeting,we would ask that you reserve your remarks for that specific date and time.Topics that are in litigation with the Town will not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the following guidelines in mind: • Remarks that discriminate against anyone or adversely reflect upon the race,color,ancestry, religious creed, national origin, political affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board. • Defamatory or abusive remarks or profanity are out of order and will not be tolerated. Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and topic of discussion on the sign in sheet. Thank you for your cooperation. 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