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Home My Public Portal AboutTBM 2015-09-16 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, September 16, 2015 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tem Philip Vandernail; Trustees; Eileen Waldow, Katie Soles, Andy Miller and Jane Mather Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, Others: See attached list 1. Regular Meeting: Roll Call Mayor Smith called the meeting to order at 6:00 p.m. 2. Executive Session: For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b) regarding hearing procedures for an Application for Use by Special Review and to include TA McGowan. Trustee Miller moved, and Trustee Vandernail seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:03 p.m. Exit: 6:17 p.m. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Sessio , which was not recorded, constituted a privileged attorney-client communicati./ s„ Rod McGowan, Town Attorney Trustee Vandernail moved, and Trustee Mather seconded the motion to exit executive session. Motion carried: 6-0. 3. Executive Session: For a conference with the Town's Attorney for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, Page 2 of 6 under C.R.S. Section 24-6-402(4)(e) regarding water and development matters and to include TA McGowan, TM Durbin, TP Trotter and TC Berger. Trustee Miller moved, and Trustee Soles seconded the motion to enter executive session. Motion carried: 6-0. Enter: 6:21 p.m. Exit: 7:03 p.m. Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B). As the attorney repre -- .ng the Town of Fraser, I am of the opinion that the entire Executive Ses., as not recorded, constituted a privileged attorney-client communicatk or i Rod McGowan, Town Attorney Trustee Vandernail moved, and Trustee Soles seconded the motion to exit executive session. Motion carried: 6-0. 4. Approval of Agenda: Trustee Soles moved, and Trustee Waldow seconded the motion to approve the Agenda. Motion carried: 6-0. 5. Consent Agenda: a) Minutes — September 2, 2015 Minutes moved to discussion item 8f. 6. Open Forum: a) County Commissioners Update 7. Public Hearings: a) Application for use by - Special Review Use - Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings Trustee Soles moved, and Trustee Vandernail seconded the motion to open the public hearing on a Development Permit - Special Review Use - Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings. Motion carried: 6-0. TA McGowan outlined the hearing procedures and entered the following items into the record as exhibits: • Proof of publication and notice of mailings to adjacent property owners • Planning Commission Resolution 2015-07-01 recommending denial. Page 3 of 6 • Materials in the packet including: Town Manager briefing, correspondence, Town Engineer briefing, Application material. • Also included Myers Subdivision Improvement Agreement, Comprehensive Plan, Upper Fraser Valley Wastewater Treatment Agreement, 2012 NWCOGG Regional Water Quality Management Plan As outlined in the staff briefing, this public hearing is in accordance with the Business District regulations for an Application for Use by Special Review for a proposed new wastewater treatment facility generally located behind the Fraser Valley Center. The Planning Commission has recommended denial. Clark Lipscomb, representing Cornerstone Winter Park Holdings, briefed the Board regarding the Application for use by - Special Review Use - Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings. Engineer for Cornerstone Winter Park Holdings outlined the SBR process for wastewater treatment plants. Photos supplied to the Board by the applicant were submitted into the record. Trustee Waldow moved, and Trustee Soles seconded the motion to close the public hearing on a Development Permit - Special Review Use - Mechanical Wastewater Treatment Facility Meyers Subdivision, Lot 2 Applicant-Cornerstone Winter Park Holdings. Motion carried: 5-1. 8. Discussion and Possible Action Regarding: a) Resolution 2015-09-05 Denial of the Application for a Use by Special Review for the Byers Wastewater Treatment Facility Trustee Mather moved, and Trustee Soles seconded the motion to approve Resolution 2015-09-05 Denial of the Application for a Use by Special Review for the Byers Wastewater Treatment Facility. Motion carried: 5-1. b) Resolution 2015-09-06 Approving Final Plat The Meadows at Grand Park Planning Area 3WC Grand Park PDD The Planning Commission has recommended approval of the final plat for the Meadows at Grand Park, a proposed residential development generally located at the southwest corner of US 40 and Old Victory Road. Staff has prepared a resolution approving this development application. Clark Lipscomb addressed the Board regarding the Meadows project for the Board. Trustee Soles moved, and Trustee Vandernail seconded the motion to approve Resolution 2015-09-06 Approving Final Plat the Meadows at Grand Park Planning Area 3WC Grand Park PDD with the following conditions: 1. The "private road" as depicted on all three final plats shall be improved as a twenty- four foot (24') wide all-weather surface (CDOT Class 6 road base) access road Page 4 of 6 constructed to the lines, grades and vehicle weight loading requirements of the Town of Fraser Design and Construction Standards for a Local Street. This roadway improvement shall be included in the Subdivision Improvement Agreement for Filing No. 2. At the completion of Filing No. 3, the all-weather surface access road shall be paved in accordance with Town of Fraser Standards and said improvements shall be included in the SIA for Filing No. 3. 2. Provide all off-site easements as may be required. Reception numbers of any such easements shall be listed on the plat. 3. All engineering documents to be reviewed and approved by the Town Engineer. 4. All legal documents to be reviewed and approved by the Town Attorney. 5. Add a plat note that no building permit will be issued for lots 31-35 until a final development plan is approved for those lots. 6. A Subdivision Improvement Agreement (SIA) shall be provided prior to recordation of each Final Plat. 7. 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. 8. Payment of all applicable fees. 9. The Final Plan and Final Plats, Filing No. 1, Filing No. 2, and Filing No. 3, shall be executed and recorded within five (5) years of this resolution or they shall expire unless an extension is approved by the Board of Trustees. 10. Provide an updated title commitment and the 911 Mylar and electronic copy of the plat in accordance with the Subdivision Regulations. 11. Complete attainable housing unit audit in accordance with the Cornerstone Attainable Housing Plan no later than October 31, 2015. Prior to October 31, 2016, the Town and Grand Park will work together to discuss sufficient market demands, negotiate the terms of the deed restriction program and discuss potential incentives. 12. The request for a 5 acre parcel in this location is withdrawn. However the Town of Fraser is not foregoing a 5 acre parcel dedication per the annexation agreement. Motion carried: 5-1. c) Resolution 2015-09-07 Approving the Development Permit/Final Plan North Retail at Grand Park The Planning Commission recommended approval of the Development Permit/Final Plan — North Retail at Grand Park at the 8/26/2015 Planning Commission meeting. Many of the conditions have carried over into the Town Board Resolution. Resolution conditions: 1. Add the following general plan notes: • The portion of the property in the Meyer Subdivision is subject to the terms of the May 26, 2005 Subdivision Improvement Agreement (SIA) executed between the Town and Cornerstone Winter Park Holdings LLC, and recorded at Reception #2005-005383. No building permit shall be issued until the mutual terms, conditions and obligations as detailed in the SIA have been addressed to the satisfaction of the Town of Fraser. • Final engineering documents, construction drawings and a site specific geotechnical report shall be submitted and approved by the Town Engineer prior to building permit issuance. Page 5of6 • A Construction Guarantee Agreement and security must be provided in accordance with Town policies prior to building permit issuance. • The exterior material package and colors shall be submitted for review and approval prior to issuance of a building permit. • This development permit shall expire if the applicant does not begin construction or use the property in accordance with the provisions of the development permit within three (3)years from the date of approval. • A minimum thirty-foot wide strip of land measured horizontally from the mean identifiable high water mark on each side of Elk Creek shall be preserved for use as open space, landscaping, etc. • The property as depicted on the plan can't be separately conveyed until a subdivision plat is processed and recorded. 2. Revise general note #2 by adding the following language to the Grand Park Building Setbacks: 20' improvement and 20' building setback from Old Victory Road. 3. Clarify the ownership and maintenance of the open space tracts. What is North Retail at Grand Park? 4. Change the document name to reference "a portion of Planning Area 4W.1B and a portion of Meyer Subdivision, Lot 1 and Lot 2." 5. A water system hydraulic model will need to be run prior to issuance of building permit. 6. Revise the landscaping plan to add number of shrubs (only the total square foot calculations are provided). Staff shall approve revised plan. 7. All engineering documents to be reviewed and approved by the Town Engineering. 8. All legal documents to be reviewed and approved by the Town Attorney. 9. The Planning Area numbers do not match the Elk Creek Final Plan. 10. Retail sign monuments are located outside of the development parcel boundaries. Revise accordingly. 11. On sheet 3 of 14, provide the square footage of commercial breakdown in addition to the acreage on the site data breakdown. 12. Payment of all applicable fees. 13. Execution of all documents within 120 days of the adoption of this Resolution. 14. Complete attainable housing unit audit in accordance with the Cornerstone Attainable Housing Plan no later than October 31, 2015. Prior to October 31, 2016, the Town and Grand Park will work together to discuss sufficient market demands, negotiate the terms of the deed restriction program and discuss potential incentives. Clark Lipscomb addressed the Board regarding North Retail at Grand Park project for the Board. Trustee Miller moved, and Trustee Waldow seconded the motion to continue Resolution 2015-09-07 approving the Development Permit/Final Plan North Retail at Grand Park until October 7th. Motion carried: 5-1. Trustee Vandernail and TA McGowan were excused from the meeting 10:16. d) Ordinance 429 an Ordinance Changing the Name of First Street to Grand Park Drive. Page 6 of 6 Clark Lipscomb addressed the Board regarding Changing the Name of First Street to Grand Park Drive. Trustee Miller moved, and Trustee Soles seconded the motion to approve Ordinance 429 an Ordinance Changing the Name of First Street to Grand Park Drive. Motion carried: 3-2. e) Grand Park Economic Development Request/Proposal Developer requested this discussion be continued until October 7th f) Minutes — September 2, 2015 7g changed to read, "contractor" instead of"lowest bidder". 9. Other Business: Trustee Miller moved, and Trustee Soles seconded the motion to adjourn. Motion carried: 5-0. Meeting adjourned at 10:32 p.m. �N OFet Lu Berger, Town CIS SEAL / co\ ORAD , L� C O L O R ADO TOWN BOARD REGULAR MEETING REGISTRATION SHEET September 16, 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 // PLEASE PRINT LEGIBLY 401A-L0 ("LP4, 7O d e c Vo&tieSC` l�tri art '1gE'f ��'✓/ )L 7psf7 J�- 73 f,s F,\J1Jr� NAME PHYSICAL ADDRESS Email address ONLY if you wish to receive the Board Agenda when posted PLEASE PRINT LEGIBLY tic&SCA S f 3�