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
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(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
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(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.
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(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.
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(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
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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
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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
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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
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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
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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)
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(Supp. No. 16, Update 5)
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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;
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(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
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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 .