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Home My Public Portal AboutPCM 2015-06-24 FRASER PLANNING COMMISSION MINUTES DATE: Wednesday, June 24, 2015 MEETING: Planning Commission Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Commission: Commissioners: Chair Jean Wolter, Steve Sumrall, Peggy Smith, Debbie Young, Cody Clayton Taylor, and Herb Meyring Staff: Town Planner, Catherine Trotter; Town Clerk, Lu Berger, Public Works Director Nordin: Town Attorney, Rod McGowan; Town Manager, Jeff Durbin Others: See attached list Chairperson called the meeting to order at 6:34 p.m. 1. Roll Call: 2. Approval of Agenda: Minutes of June 10, 2015 Commissioner Taylor moved, and Commissioner Meyring seconded the motion to approve the Agenda. Motion carried: 6-0. 3. Open Forum: 4. Public Hearing/Regarding: a. Continued Public Hearing Major Subdivision - Final Plat Elk Creek at Grand Park Planning Area 5W Grand Park PDD Commissioner Sumrall moved, and Commissioner Young seconded the motion to open the continued Public Hearing Major Subdivision - Final Plat Elk Creek at Grand Park Planning Area 5W Grand Park PDD. Motion carried: 6-0. 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. 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. Page 2 of 4 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 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. Staff has approved two variances. One relating to sanitary sewer service lines connecting directly into a manhole and one relating to sidewalk width. Clark Lipscomb, representing Grand Park addressed the Board regarding the remaining conditions on Resolution 2015-06-02. Staff is not recommending approval of the other two variance requests detailed below. These two variance requests will be forwarded to Town Board for review and consideration. Public comment was taken from: Melanie Zwick Commissioner Sumrall moved, and Commissioner Taylor seconded the motion to close the continued Public Hearing Major Subdivision - Final Plat Elk Creek at Grand Park Planning Area 5W Grand Park PDD. Motion carried: 6-0. Commissioner Smith moved, and Commissioner Young seconded the motion to approve Resolution 2015-06-02 A Resolution Recommending Approval Of Elk Creek— Final Plat Filings No.1 And No. 2, Planning Area 5w Grand Park Planned Development District, Located In A Portion Of The SW '/ Of Section 20 And The NW 1 Of Section 29, Township 1 South, Range 75 West Of The 6th P.M., Town Of Fraser, Grand County, Page 3 of 4 Colorado Planning Area 5W Grand Park PDD with the revision to condition 3. Motion carried: 6-0. b. Use By Special Review- Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings Commissioner Taylor moved, and Commissioner Meyring seconded the motion to open the Public hearing on the Use by Special Review - Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings. Motion carried: 6-0. TA McGowan entered the following exhibits into the record: • Proof of Publication • Application and Plans • Town Manager Briefing • Myers SIA • Correspondence • Lighting Exhibit TM Durbin outlined the criteria to consider when evaluating the application and confirm all the criteria need to be approved. The materials submitted on May 13, 2015, as noted above, still leave many questions and concerns unanswered. In particular, staff finds that the applicants have 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, and for the following reasons, staff would recommend denial: 1. Given the fact that the CDPHE 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. 2. The submittals do not meet the minimum information necessary to determine compliance with all of the criteria and standards. 3. The proposal is not consistent with the Use by Special Review Criteria as follows: a. The proposed use does not comply with all requirements imposed by this 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. Alternative 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 this Article. Page 4 of 4 4. 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. However, should the Planning Commission find otherwise, we would note that the following matters should be considered if the Commission is inclined to recommend approval: 1. The service area of the proposed wastewater treatment facility is not defined by this application. The service area should be limited to Byers Peak Ranch, or at a minimum exclude any property within the jurisdiction of the Town of Fraser. 2. Any Town of Fraser approval for the proposed facility should be conditioned upon approval of all applicable permits from the State of Colorado and Grand County. Clark Lipscomb addressed the Commission on the plans for the wastewater treatment plant. Public comment was taken from: Melanie Zwick The Commissioners felt the submittal was not consistent with the Use by Special Review Criteria and directed staff to draft a memo for denial of the Use by Special Review- Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant- Cornerstone Winter Park Holdings. Commissioner Smith moved, and Commissioner Young seconded the motion to close the Public Hearing on the Use by Special Review - Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings. Motion carried: 6-0. 5. Adjourn Commissioner Smith moved, and Commissioner Taylor seconded the motion to adjourn. Motion carried: 6-0. Meeting adjourned at 9:15 p.m. Lu Berger, To •fit k F� SEAL C Z0RAD° th 7 . COLORADO PLANNING COMMISSION REGULAR MEETING REGISTRATION SHEET June 24, 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. NAME PHYSICAL ADDRESS Email address ONLY if you wish to receive the Board Agenda when posted �� 7j�� j Z2:- 7 1)-0 1, , PLEASE PRINT LEGIBLY 57 I3jZc /73 Ers Fro,o