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HomeMy Public PortalAboutBriefing - CP plat language clarification 10-25-17Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com MEMO TO: Chairperson Wolter and Planning Commissioners FROM: Catherine E. Trotter, AICP, Town Planner DATE: October 19, 2017 SUBJECT: Cozens Pointe – Petition for plat note clarification MATTER BEFORE THE PLANNING COMMISSION: We are requesting the Planning Commission review the existing language on the recorded documents for Cozen Pointe and make a determination on the discrepancy. ACTION REQUESTED/EXECUTIVE SUMMARY: Motion to approve PC Resolution 2017-10-01, clarifying the plat and plan language and requiring said clarification to be documented on all future as-built plats for Cozens Pointe. BACKGROUND: Back in 2006, the Town of Fraser approved the Final Plan and Final Plat for Cozens Pointe at Grand Park, a condominium community. Cozens Pointe is 8.276 acres in Planning Area 3Wa in the Grand Park Planned Development District. The plat created 5 lots, 2 tracts and 2 out lots allowing a total of 68 attached residential units. The recorded Final Plan and Final Plat are in the packet for your review. See vicinity and aerial maps below. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com Cozens Pointe LLC is the current owner of the vacant lots at Cozen Pointe. The owners would like to add three 2-car garage buildings and ten attached bike garages to lot 3 and lot 4. Proposed locations are identified on overall site plan. Site plan and renderings of proposed structures are in the packet for your review. The Subdivision Design and Improvement Standards section of the subdivision regulations states the following regarding buffers: Sec. 17-7-190. - Buffers. Where a residential subdivision borders a railroad and/or highway right -of-way, the Town may require a minimum twenty-five-foot buffer strip, in addition to the normal depth of the lot required in the zoning district, be tween the right-of-way and the subdivision to serve as protection against hazards and undesirable effects of the railroad and/or highway. The buffer strip shall contain plantings, landscaped earthen berms, screening, retention of existing vegetation, fencing or other reasonable measures to substantially reduce adverse impacts. No improvements shall be constructed in a manner that would create adverse impacts to the buffered area. At the discretion of the Planning Commission, a plat note may denote that this buffer strip shall permanently remain free of any structures . The Planned Development District section of the zoning code states the following regarding district perimeters and major right s-of-way: Sec. 16-5-690. - PD District perimeters and major rights-of-way. (a) Definition of the perimeters of a PD utilizing opaque barriers or fences are a negotiable item should they be desired by the applicant. Negotiations are to be carried out in relation to the following general criteria: (1) Promotion of community cohesiveness. (2) Reduction of noise or adverse visual impacts of adjacent properties. Town of Fraser PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518 www.frasercolorado.com (3) The interests of public safety. (4) Visual impact of the barrier itself in relation to the surrounding developments and environment. (5) Relationship of barrier height to the surrounding development. (6) The use of landscaping to offset the visual impact opaque barriers. (7) The appropriateness of the degree of privacy and exclusivity desired by the applicant in relation to the community as a whole. (b) Where a planned development is adjacent to a railroad or a state or federal highway right - of-way, a permanent open space at least twenty-five (25) feet in width shall be required as a setback from these right-of-way lines. This area shall be kept free of buildings, str uctures and parking and contain permanently maintained landscaping, unless screened or protected by natural features, fences or other types of barriers. Fences or barriers on the highway rights-of-way shall be negotiated using the criteria of Subsection (a ) above. There is a railroad fence and lots of trees, both dead and alive, to screen the proposed new buildings. The actual railroad track is partially below grade and about 100‘ from the property line. The recorded documents have a discrepancy in what is allowed in the 25’ railroad setback. Note #10 on both documents state that “No building structures shall be permitted to be located within the 25’ railroad setback easement depicted on the accompanying plat.” However, the second page of both documents shows that trash enclosures are permitted within this 25’ railroad setback. The Code allows the Planning Commission to make the determination of whether buildings can be permitted in this buffer. Staff thought we should bring this back to the Planning Commission to clarify this plat and plan language discrepancy. The intent of this buffer language is to protect against hazards and undesirable effects of the railroad, in this instance. The addition of the proposed buildings will serve as a physical and sound barrier to the railroad. There is also currently a six-foot side yard setback that must be adhered to. RECOMMENDATION: Staff is recommending allowing these non-habitable structures in the 25’ railroad setback. If the Planning Commission agrees with this recommendation, the as-built plat should probably state that the Planning Commission approved an amendment to Note 10 by allowing non-habitable structures in the 25’ railroad setback and the Commission Chairperson should sign off on the as-built plat. A resolution has been prepared accordingly. Please contact me if you have any comments and/or questions.