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HomeMy Public PortalAboutPC Resolution 2015-07-01 Recommending Denial of the Application for a Use by Special Review for the Byers Wastewater Treatment Facility FRASER PLANNING COMMISSION RESOLUTION NO. 2015-07-01 A RESOLUTION RECOMMENDING DENIAL OF THE APPLICATION FOR A USE BY SPECIAL REVIEW FOR THE BYERS WASTEWATER TREATMENT FACILITY WHEREAS, at the regular meeting of the Fraser Planning Commission held on June 24, 2015, Cornerstone Winter Park Holdings requested Planning Commission consideration of the Application for Use by Special Review for the Byers Wastewater Treatment Facility and the Planning Commission conducted a Public Hearing on the matter, and WHEREAS, after reviewing the application and associated submittals, staff provided a briefing dated June 5, 2015 wherein it was noted that staff finds that the applicant has not met the burden of proof to demonstrate that the proposed Use by Special Review meets the standards and criteria for such uses as provided by the Town Code. Accordingly, staff recommended denial. NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission hereby finds that the following: a. The proposed use does not comply with all requirements imposed by the Fraser Town Code and all other ordinances and regulations of the Town. b. The proposed use is not in conformance with the Town's Comprehensive Plan. c. The proposed use is not compatible with adjacent uses due to the proposed site design and inadequate control of adverse impacts, including noise, odor and impact on property values of the surrounding area. d. Alternatives exist to address the community need for the use, the development is better served at the Upper Fraser Valley Wastewater Treatment Facility. e. The location for the use is not suitable. f. The proposed use is not in compliance with all requirements of Chapter 16, Article 4 of the Fraser Municipal Code. FURTHERMORE, the Fraser Planning Commission hereby recommends denial of the Application for Use by Special Review for the Byers Wastewater Treatment Facility. In addition to the failure to meet the Use by Special Review Criteria, the Planning Commission notes the following: a. Given the fact that the Colorado Department of Public Health and Environment permitting process has not been initiated, we cannot confirm permitting requirements that may affect site design. For example, given the size and seasonal nature of Elk Creek, we anticipate that flow equalization will be required for the effluent. b. The submittals do not meet the minimum information necessary to determine compliance with all of the criteria and standards. c. The proposal is not consistent with the requirements of the Meyer Subdivision Improvement Agreement, in particular it does not provide for pedestrian access to and along Elk Creek or provisions related to CR72. APPROVED AND ADOPTED THIS 22nd DAY OF JULY, 2015. FRASER PLANNING COM SSION i 41,- Chair if:n ATTEST: �N of FisF 6SEAL Town Clerk taco,,Rgo°,