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HomeMy Public PortalAboutOrdinance 501 Amending Chapter 19 Removing Riverwalk Mixed use Overlay District, Adding Riverwalk District and requiring Ground Floor Commercial on HWY 40 and Clayton CourtTOWN OF FRASER ORDINANCE NO. 501 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 WHEREAS, the Town has provided notice of the code amendment in accordance with §19-1-190(a) of the Fraser Land Development Code; 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 as underlined print; deletions are shown-as-str-ikethrough print]: Chapter 19 Sec. 19-2-255. Riverwalk District. (a) Intent. The purpose of the Riverwalk ay -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. This zone district is envisioned to have ground floor commercial positioned closely to the street to create a vibrant Town Center. On -site parking should be located away from pedestrian areas as much as feasible in order to activate uses along the street and Fraser River and promote the walkable nature of the district. (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 Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 1 of 12 Riverwalk District Standards Minimum Lot Area Single-family detached dwelling unit: Five thousand (5,000) square feet. Single-family attached dwelling unit: —Twenty five hundred (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 (h)(1) below. A build to line may be provision during review. Single-family attached / required site plan detached dwelling unit: Twenty (20) feet All other uses or mixed use: No minimum; setback shall be consistent with the intent of the zone district, and will be determined during site plan review. Minimum Side Yard Single family detached dwelling unit: Five (5) feet All other uses or mixed use: No minimum requirement; setback shall be consistent with the intent of the zone district, be determined during site review. See additions) and will plan (h)(1) below. A zero lot line may be required during provision review. ;ite plan Minimum Rear Yard Single family attached / detached dwelling unit: Ten (10) feet All other uses or mixed use: No minimum requirement; setback shall be consistent with the intent of the zone district, be determined during site review. Sec additional and will plan (h)(1) below. provision 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 units: Thirty-five percent (35%), with fifteen percent (15%) conforming to Section 19-4-160 of this Chapter All other uses or mixed use: Five percent (5%) (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). Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 2 of 12 (e) All site development in the Riverwalk Mir District, including parking, landscaping, lighting, fencing, and building design, shall be in accordance with Article 4 of this Chapter. Signs shall be permitted in the Riverwalk District in accordance with Article 6 of this Chapter. (f) {g) Minimum rcquircd opcn spacc. fiftccn p nt (15%) of the g s land 0 0 , 0 ., Section 10 1 160 of this Chapt Additional provisions: (1) All properties with frontage on Highway 40 (Zerex Street) or Clayton Court shall have ground floor commercial uses along the street frontages. These commercial uses shall be required for a minimum of the first twenty (20) feet in depth of the structure. Vehicular or pedestrian circulation and building mechanical equipment may be located within this twenty (20) feet. Ground floor commercial uses shall conform to the building design standards in Section 19-4-190 of this Chapter. cstab.Ii hcd for this Scctio.. ( g) (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.Rcs•dcntiol shalt not . c d nt.. fivc . nt (75 ) of th,. , s land development. (3) The maximum residential density of twenty (20) dwelling units per acre in the undcrlying Business Zoning District may be cxcccdcdincreased to as much as oixtyfortv (40) dwelling units per acre in -the 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-one hundred twenty percent (1280%) 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 the total units within a residential development shall include a deed restriction guaranteeing the provision of the affordable housing dwelling units in perpetuity to qualify for they density bonus. The deed restriction shall also require employment within the geographic boundaries of the Fraser Valley Metropolitan Recreation District (as such boundaries are described in the Notice recorded July 16, 1980 at Book 278, Page 524 in the local real estate records) for an average of 30 hours per week, for 1 member of the household: Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 3 of 12 (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 as much as forty (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 use 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 Districtif at least eightyforty percent (40%) of the ground floor of the structure is commercial. (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 RWA41,1: 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 14.444 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 P P P P (Supp. No. 16, Update 5) Page 4 of 12 Created: 2023-07-07 10:25:29 [EST] < 5,000 sq. ft. 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 business P C C 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 C C C Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 5 of 12 or parts thereof from towing operations, used car lots, rental car operations Warehousing and distribution C C P Wholesale trade C C P Workshop and custom small industry C C P 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 Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 6 of 12 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 dumping of waste holding tanks from recreational vehicles and buses C C 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 P Created: 2023-07-07 10:25:29 [EST] (Supp. No. 16, Update 5) Page 7 of 12 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 Multi -family dwelling units within a building or on a single parcel of land; up to sixteen (16) shares/intervals P 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 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 8 of 12 cell facilities and networks (see Sec. 19-2-480) 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 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 9 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 accomplish 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. 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. (3) (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 final 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; (Supp. No. 16, Update 5) Page 10 of 12 Created: 2023-07-07 10:25:29 [EST) (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 natural 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 Mixnd "rc 0vcr',y District. In addition to the provisions of Subsection (a) above, the development of any new building or structure in the Riverwalk Mixed -lase -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) On -site parking should be located away from pedestrian areas as much as feasible in order to activate uses along the street or Fraser River and promote the walkable nature of the district•Pafking-s•he4141-19e ndnstrian n nt aln strncts or ♦hc r 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 adiacent to street frontages as much as practicable. ( Ord. 452 §1(Exh. A), 2018) (3) PART 2: EFFECT ON PROPERTIES IN THE RMU OVERLAY DISTRICT The full implementation of this ordinance requires a zoning map amendment to remove the RMU overlay district and rezone properties to the new RW standard zone district. Until such time that a zoning map amendment is approved, all properties that are currently subject to the RMU overlay district shall continue to be regulated by the land development code as it existed prior to this ordinance. PART 3: 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 4: SEVERABILITY (Supp. No. 16, Update 5) Page 11 of 12 Created: 2023-07-07 10:25:29 [EST] 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 5: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after passage, adoption and publication as provided by law. PART 6: PUBLICATION This Ordinance shall be published by title only. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 20th DAY OF SEPTEMBER, 2023 Votes in favor: 7 Votes opposed: n Votes abstained: 0 BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLO BY: Philip Vandemail, Mayor ATTEST: CL O —JI4 (L Antoinette McVeigh, Town Cldrk Published in the Middle Park Times on C�l� (Supp. No. 16, Update 5) Page 12 of 12 Created: 2023-07-07 10:25:29 [EST]