HomeMy Public PortalAboutResolution 2015-09-05 Denying the Application for a Use by Special Review for the Byers Wastewater Treatment Facility TOWN OF FRASER
RESOLUTION NO. 2015-09-05
A RESOLUTION DENYING 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, at the regular meeting of the Fraser Town Board held on September 16,
2015, Cornerstone Winter Park Holdings requested consideration of the Application for Use by
Special Review for the Byers Wastewater Treatment Facility and the Town Board conducted a
Public Hearing on the matter, and
WHEREAS, after reviewing the application and associated submittals, staff provided a
briefing dated September 11, 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 Town Board hereby finds 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 Town Board hereby denies 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 Town Board 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 16th DAY OF September, 2015.
Town Board
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Mayor
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ATTEST:
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Town Clerk 1
SEAL
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