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HomeMy Public PortalAboutPC Resolution 2023-08-02 Recommending Approval of Code Amendment to Remove Riverwalk Mixed Use Overlay District , Add Riverwalk District, and Require Ground Floor Commercial Along HWY 40 and Clayton Court in new DistrictFRASER PLANNING COMMISSION RESOLUTION NO. 2023-08-02 A RESOLUTION RECOMMENDING APPROVAL OF A CODE AMENDMENT TO REMOVE THE RIVERWALK MIXED USE OVERLAY DISTRICT, ADD THE RIVERWALK DISTRICT, AND REQUIRE GROUND FLOOR COMMERCIAL ALONG HIGHWAY 40 AND CLAYTON COURT IN THE NEW DISTRICT WHEREAS, the Planning Commission at their July 26, 2023 initiated the code amendment request in accordance with §19-1-190(a) of the Fraser Land Development Code; and WHEREAS, the Town has provided notice of the code amendment in accordance with §19-1-190(a) of the Fraser Land Development Code; and WHEREAS, the Fraser Planning Commission considered the amendments at a regular meeting; and WHEREAS, the amendments made were to Town of Fraser Municipal Code Chapter 19, Article 2, Division 2 — Zoning Districts, Chapter 19, Article 2, Division 3 — District Uses and Chapter 19, Article 4, Division 1 — Site Design Standards; and NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted to recommend approval of the proposed rezoning to the Fraser Board of Trustees. APPROVED AND ADOPTED THIS 23rd DAY OF AUGUST, 2023. SIR PLANNING COMMMISSION Chairman ATTEST: Town Clerk Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 1 of 12 TOWN OF FRASER ORDINANCE NO. XXX SERIES 2023 AN ORDIANCE AMEDING CHAPTER 19 OF THE FRASER MUNICIPAL CODE REMOVING THE RIVERWALK MIXED USE OVERLAY DISTRICT, ADDING THE RIVERWALK DISTRICT, AND REQUIRING GROUND FLOOR COMMERCIAL ALONG HIGHWAY 40 AND CLAYTON COURT IN THE NEW DISTRICT WHEREAS, the Planning Commission at their July 26, 2023 initiated the code amendment request in accordance with §19-1-190(a) of the Fraser Land Development Code; and WHEREAS, the Town has provided notice of the code amendment in accordance with §19-1-190(a) of the Fraser Land Development Code; and WHEREAS, the Fraser Planning Commission considered the amendments at a regular meeting and recommended approval of the proposed rezoning to the Fraser Board of Trustees; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: PART 1: AMENDMENT OF MUNICIPAL CODE Chapter 19, of the Fraser Municipal Code (herein sometimes referred to as the “Municipal Code”) are hereby amended as follows [Note: additions are shown in blue underlined print; deletions are shown as red strikethrough print]: Chapter 19 Sec. 19-2-255. Riverwalk Mixed Use Overlay District. (a) Intent. The purpose of the Riverwalk Mixed Use Overlay District is to provide for development that fosters the creation of a high density, walkable, mixed-use neighborhood which will integrate Fraser's historic downtown with the Fraser River and generate opportunities for downtown redevelopment, affordable housing and economic revitalization. (b) Land use. Land uses are permitted as shown in the Schedule of Uses in Section 19 -2-340. Accessory uses shall be in conformance with Section 19-2-320(a). Temporary land uses are as shown in Table 2.12 and shall be in conformance with Section 19-2-330. (c) District standards. Lot and building requirements for principal structures shall be as shown in Table 2.09. TABLE 2.9 Riverwalk Mixed Use Overlay District Standards Minimum Lot Area Single-family dwellingdetached dwelling unit: Five thousand (5,000) square feet. Single-family attached dwelling unit: Twenty five hundred Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 2 of 12 (2,500) square feet. Commercial/Mixed Use: No minimum requirement. Multi-family dwelling unit: Twenty-one hundred seventy-eight (2,178) square feet per unit. All other uses or mixed use: No minimum requirement Minimum Front Yard See additional provision (h)(1) below. A build-to-line may be required during site plan review. SSingle- family attached / detached dwelling unit: Twenty (20) feet All other uses or mixed use: No minimum; 10 foot maximum; a build to line may be required during site plan review Minimum Side Yard Single family detached dwelling unit: Five (5) feet All other uses or mixed use: No minimum requirement. If zero lot line, subject to all other regulations.See additional provision (h)(1) below. A zero lot line may be required during site plan review. Minimum Rear Yard Single family attached / detached dwelling unit: Ten (10) feet All other uses or mixed use: No minimum requirement, unless if adjacent to an alley or service lane: eighteen (18) feet.See additional provision (h)(1) below. Minimum Stream Setback Thirty (30) feet; a greater setback of up to one hundred fifty (150) feet may be required during site plan review. Minimum Floor Area Principal Structure: No minimum requirement. Accessory Dwelling Unit: Two hundred (200) square feet. Maximum Height Forty-five (45) feet. See height definition in Section 19-2-610 for additional details. Minimum Required Open Space See additional provision (g) below. Single family and multi- family dwelling unitss: Thirty-five percent (35%), with fifteen percent (15%) conforming to Section 19-4-160 of this Chapter All other uses or mixed use: Fifteen percent (15%) (d) Accessory structures. Building requirements for accessory structures shall be as shown for principal structures in Table 2.9, unless otherwise specified. All accessory structures shall be in conformance with the provisions of Section 19-2-320(b). (e) All site development in the Riverwalk Mixed Use Overlay District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter. (f) Signs shall be permitted in the Riverwalk Mixed Use Overlay District in accordance with Article 6 of this Chapter. (g) Minimum required open space. Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 3 of 12 (1) For a mixed-use residential and commercial development consisting of commercial uses occupying one hundred percent (100%) of the ground floor of all structures, mix ed with residential condominiums, townhomes or apartments occupying some or all of the other floors in such structures, the minimum required open space shall be fifteen percent (15%) of the gross land area. (2) For other residential development consisting of condominiums, townhomes or apartments, the minimum required open space shall be thirty-five percent (35%) of the gross land area. Of the thirty-five percent (35%) required open space, fifteen percent (15%) shall consist of a landscaping plan consistent with the standards in Section 19-4-160 of this Chapter. (hg) Additional provisions: (1) All properties with frontage on Highway 40 (Zerex Street) or Clayton Court shall have commercial uses along these frontages. These commercial uses shall be for a minimum of the first twenty (20) feet in depth of the structure. Ground floor commercial uses shall conform to the building design standards in Section 19-4-190 of this Chapter.Minimum setbacks are to be determined on a parcel-by-parcel basis utilizing emergency service access and clearance requirements and standards set forth in the Uniform Building and Fire Codes. All setback areas required or resulting from setbacks hereunder shall be credited toward the open space requirement established for this Section. (2) There shall be a maximum residential density of twenty (20) dwelling units per acre. This equates to (1) dwelling unit per two thousand one hundred seventy-eight (2,178) square feet of gross land area.Residential uses shall not exceed seventy-five percent (75%) of the gross land area in a mixed use development. (3) The maximum residential density of twenty (20) dwelling units per acre in the underlying Business Zoning District may be exceededincreased to sixty (60) dwelling units per acre in the Riverwalk Mixed Use Overlay District subject to the provision of deed-restricted affordable housing dwelling units listed below. a. For the purposes of this Section, affordable housing is defined as housing for a family that has an income at or below eighty percent (80%) of the Area Median Income, as determined for Grand County by the Colorado Housing and Finance Authority. b. A minimum of twenty percent (20%) of a residential development shall include a deed-restriction guaranteeing the provision of the affordable housing dwelling units in perpetuity to qualify for thea density bonus. c. The density bonus may be used to provide additional dwelling units in a development beyond the underlying twenty (20) dwelling units per acre allowed, up to a maximum density of sixty (60) units per acre, subject to adherence of all other dev elopment standards for the Riverwalk Mixed Use Overlay District. (4) The maximum residential density of seventeen (17) dwelling units per acre in the underlying Medium Density Single-Family Residential Zoning District, or twenty (20) dwelling units per acre in the underlying Business Zoning District, may be increased exceeded to (40) dwelling units per acre in the Riverwalk Mixed Use Overlay District subject to the provision of non-residential retail and/or office development occupying one hundred percent (100%) of the first floor of a multi-story mixed use development. a. The density bonus may be used to provide additional dwelling units in a mixed u se development beyond the underlying zoning district, up to a maximum density of forty (40) dwelling units per acre, subject to adherence of all other development standards for the Riverwalk Mixed Use Overlay District if eightyforty percent (40%) of the ground floor of the structure is commercial. Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 4 of 12 (Ord. 452 §1(Exh. A), 2018) Sec. 19-2-340. Schedule of uses. Legend: Zoning District OS: Open Space District RD: Rural Density District LDSF: Low Density Single-Family Residential District LDMF: Low Density Multi-Family Residential District MDSF: Medium Density Single-Family Residential District MDMF: Medium Density Multi-Family Residential District HDMF: High Density Multi-Family Residential District B: Business District RWMU: Riverwalk Mixed Use Overlay District VV: Victoria Village Overlay District TI: Trade Industry District Legend: Use Type P: Permitted Use C: Conditional Use L: Licensed Use Land Use OS RD LDSF LDMF MDSF MDMF HDMF B RMU RW VV TI AGRICULTURAL USES Ranching and farming facilities P Reservoirs, dams and water diversion structures P Stables P COMMERCIAL USES Art studio P P P P Business office P P P P Business support services P P P P Commercial retail or personal service < 5,000 sq. ft. P P P P Commercial retail or personal service use between 5,000 sq. ft. and 15,000 sq. ft. P C C C Commercial retail or personal service use > 15,000 sq. ft. C C Drive-through P C C Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 5 of 12 business Eating and drinking establishments P P P C Financial services institution P P C C Funeral home P C Hotels P P Laundry facilities and laundromats P P P P C Kennels P C C Marijuana business L L Medical and dental clinics P P C Microbrewery or distillery P P C P Motels P C Motor vehicle service and repair facilities P C C Pawnshops C C INDUSTRIAL USES Contractor shops and yards C C P Laboratory and research facilities C C P Manufacturing, fabrication and assembly operations C C C Paint and body shops C C P Outdoor storage C C P Storage of vehicles or parts thereof from towing operations, used car lots, rental car operations C C C Warehousing and distribution C C P Wholesale trade C C P Workshop and custom small C C P Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 6 of 12 industry INSTITUTIONAL USES Child care center P P P P P P P P Church or place of worship and assembly P P P P P P P P P C Conference and convention facilities P P C Hospital P C Performing arts facilities P P C Private clubs, private dining areas and civic, cultural and fraternal organizations C P P C C Public gathering places, including government facilities, public meeting halls, auditoriums, arenas and outdoor concert venues C C C C C P P C C Public transportation terminals P P P C School, private P P P P P C C P School, public P P P P P P C C RECREATIONAL USES Campgrounds (see Sec. 19-2-420) C Golf courses P Open space, designated P Open space and trails, other public or private P P P P P P P P P P P Parks and playgrounds P P P P P P P P P P P Recreational vehicle (RV) parks, including the C C Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 7 of 12 dumping of waste holding tanks from recreational vehicles and buses RESIDENTIAL USES Accessory dwelling unit (ADU) (see Sec. 19-2-470) P C P P P P P P P Assisted living facility C C P P C C Bed and breakfast (see Sec. 19-2-440) P P P P P P P C P Boarding and rooming houses C C C P C P Group homes for handicapped or disabled persons (see Sec. 19-2-450) P P P P P P P Group homes, other C C C C C C C Live/work unit P P P C Mobile homes C Mobile home parks (see Sec. 19-2-460) C Multi-family dwelling, except as provided below P P P P P P Multi-family dwelling up to four (4) dwelling units within a building or on a single parcel of land P Multi-family dwelling up to four (4) dwelling units within a building or on a single parcel of land; except where contiguous lots are combined to create a single parcel: up to twelve (12) units P Multi-family P Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 8 of 12 dwelling units within a building or on a single parcel of land; up to sixteen (16) shares/intervals Reduced lot size, width, setback and/or floor area for a residential dwelling (see Sec. 19-2-270(d)) C C C C C C C C Single-family dwelling P P P P P C C P Single-family dwelling, attached (connected with one (1) party wall) P P P P C C P Single-family dwelling on a zipper lot C P P P C C P Timeshare or interval ownership residential facilities P UTILITIES AND TELECOMMUNICATION FACILITIES CMRS facility; building-mounted (see Sec. 19-2-480) P P P P P P P CMRS facility; freestanding (see Sec. 19-2-480) C CMRS facility; roof- mounted (see Sec. 19-2-480) P P P P CMRS facility; small cell facilities and networks (see Sec. 19-2-480) C P P P P P P P P P P Public utilities and public service facilities, excluding business offices and excluding repair and storage facilities C P P P P P P P P P P Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 9 of 12 Transit facility P P P OTHER USES Adult-oriented use C Home occupations (see Sec. 19-2-430) P P P P P P P P P Mixed-use: two (2) or more uses such as multi-family residential, commercial retail, hotel or office uses in the same development area, building or group of buildings P P P Uses pursuant to easements and licenses C ( Ord. 452 §1(Exh. A), 2018) Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 10 of 12 Sec. 19-4-190. Building design; commercial and mixed use development. (a) General. It is the policy of the Town to encourage building designs and materials to be architecturally compatible with the historic, natural and mountain environment of the Town. To acco mplish this goal, new development should meet a majority of the following design guidelines: (1) Building orientation. Buildings should be oriented parallel to the primary street front. A skewed building orientation should be avoided. (2) Building elements and materials. a. Building facades should incorporate a variety of materials. b. Porches with wooden posts, columns or functional awnings should be incorporated into the building design. All porches and awnings should have an eight-foot minimum clearance. c. Building materials shall be compatible and in harmony with the natural setting of the Town. The use of natural stone masonry, exposed wood structural beams, logs, heavy timbers, stucco and masonry are all acceptable materials. The use of stone or masonry as a foundation up to a height of at least thirty-six (36) inches is encouraged. d. The back of a building shall have the same overall design as the front of a building. (3) Mass. The mass of the building should be compatible to adjacent buildings. Long, uninterrupted exterior walls and/or roof lines should be avoided to break up the mass of the building. (4) Roof elements and design. Where pitched roofs are used, they shall be designed in a manner that provides variation in roof lines to break up large expanses of roof and to add architectural interest to the roof. (5) Colors. Color schemes for both the building and roof should be compatible and found in the natural landscape, such as earth-toned solids (browns, greens, greys, etc.), bedrock and woodland vegetative growth. High-contrast or bright colors, where desired, should be reserved for trim and accent. (6) Windows. Display windows on the first floor should face the primary street frontage and provide visual interest. (7) Energy conservation. Buildings should take advantage of a south-facing orientation for passive or active solar heat gain to the greatest extent possible. The implementation and operation of systems or devices which provide an effective means of renewable energy are encouraged. (b) Building height in Planned Developments. Proposed height limits may be renegotiated at the PD District plan amendment stage. Final height of buildings may be negotiated by the Planning Commission at the fin al PD plan stage and subject to further negotiation and/or the approval of the Board of Trustees. Height negotiations are to be carried out in relation to the following characteristics of the proposed buildings or other improvements: (1) Its geographical location; (2) The probable effect on slopes, soils and other hazardous terrain; (3) Adverse visual effect to the adjacent public and private property, rights -of-way or other areas in the immediate vicinity; (4) Potential problems for adjacent public and private sites caused by shadows, loss of air circulation or closing of view; (5) Influence on the general vicinity, with regard to contrasts, vistas and open space; Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 11 of 12 (6) The extent to which potential adverse effects are eliminated or reduced by such factors as spacing between buildings and limitation of the ground areas occupied by such buildings; (7) The extent to which building height will contribute to the environmental amenities and increased efficiency of the development by allowing for more open space, the more efficient provision of utilities and other services, and other desirable effects; (8) Its potential for improving the level of privacy in adjacent residential areas; (9) Its potential for being compatible with the scale of the surrounding n atural environmental and built areas; and (10) Public safety considerations. (c) Building spacing in Planned Developments. (1) Each planned development shall provide reasonable visual and acoustical privacy for buildings. Fences, insulation, walks, barriers, landscaping and sound-reducing construction techniques shall be used as appropriate for the aesthetic enhancement of property and the privacy of its occupants, the screening of objectionable views or uses and the reduction of noise. (d) Riverwalk Mixed Use Overlay District. In addition to the provisions of Subsection (a) above, the development of any new building or structure in the Riverwalk Mixed Use Overlay District should be of such a design so as to contribute to the architectural identity of the emerging Riverwalk District. (1) Buildings should front on streets, or along the river as may be appropriate, in order to create a sense of enclosure. (2) Parking should be located either behind buildings to screen vehicles from sight or so as to reduc e impacts to the pedestrian environment along streets or the river. (3) Building elements and materials should ensure that design within the Riverwalk District reflects the funky/eclectic character of Fraser. (4) Ground floor commercial uses shall be adjacent to street frontages as much as practicable. ( Ord. 452 §1(Exh. A), 2018) PART 2: REPEAL Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. PART 3: SEVERABILITY If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences or clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after passage, adoption and publication as Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 12 of 12 provided by law. PART 5: PUBLICATION This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 6th DAY OF SEPTEMBER, 2023 Votes in favor: ____ BOARD OF TRUSTEES OF THE Votes opposed: ____ TOWN OF FRASER, COLORADO Votes abstained: ____ BY: ____________________________________ Philip Vandernail, Mayor ( S E A L ) ATTEST: ____________________________________ Antoinette McVeigh, Town Clerk Published in the Middle Park Times on .