HomeMy Public PortalAboutTBP 1997-01-08
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TOWN OF FRASER
I "Icebox of the Nation"
I P.O. Box 120/153 Fraser Avenue
Fraser. Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
TOWN BOARD AGENDA
SPECIAL MEETING
JANUARY 8,1997,7:30 p.m.
1. Roll call
2. Approval of 12/18/96 minutes - 'YJ WlI' ... u i:1t
3. Open Forum
3.a. Miare Sullivan will be present to discuss the SmartShuttle and to request
funding from the Town of Fraser
4. 8:00 p. m. Public Hearing to consider two petitions for annexation, one relating to a 2190
square foot parcel, and one relating to a 10 10 square foot parcel.
5. Action Items
5.a. Resolution 1-1-97, adopting findings of fact and conclusions pertaining to
the annexation of approximately 2190 square feet.
5.b. Ordinance 229, an ordinance annexing approximately 2190 square feet to
the Town of Fraser.
5.c. Resolution 1-2-97, adopting findings of fact and conclusions pertaining to
the annexation of approximately 1010 square feet.
S.d. Ordinance 230, an ordinance annexing approximately 1010 square feet to
the Town of Fraser.
5.e. Motion establishing the official posting location for the Town of Fraser as
the Bulletin Board in the foyer of the Fraser Town Hall, 153 Fraser Ave.
6. · Discussion Items
6.a. Proposed Air Quality Ordinance
6.b. Planning Commission Structure
6.c. Walk Through History Park: Hoy's resin request
7. ' Staff Choice
7.a. Minor amendment to POD # I
7.b. Visitors' Center 501-C-3 reception
8. i Board Member's Choice
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 / 153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
TOWN BOARD AGENDA
WORKSHOP
JANUARY 8, 1997,6:30 p.m.
1. Roll call
2. Manager's Performance Review
Under C.R.S. 24-6-402 (2.5) this can not be an executive session
unless requested by the employee being evaluated. As of 1/3/97,
Chuck Reid had not yet decided whether or not to request that this
workshop item be executive session material.
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
Happy New Year!!!
Manager's Briefing, 1/2/97
Maire Sullivan (of Crooked Creek and The Slope fame) will address the Board on
Wednesday night about a new shuttle service she has been instrumental in attempting
to start. There are three pages of information about the service in the paeket that detail
their operation plans. Maire will be asking the Board to help fund the shuttle service.
You have $4745 in diseretionary grant funds available. The group who have been
working to put this together are requesting funds from the town of Winter Park
Tuesday -- I'll let you know what Winter Park decides at Wednesday's meeting.
Weare required to annually identify the town's official posting loeation. We have
traditionally used the glass eased bulletin board in the Town Hall's foyer. . .
"Diseussion Items" includes the proposed air quality ordinanee whieh is scheduled for
publie hearing on January 15th (see memo); the Planning Commission strueture (see
memo); and a request from Jim Hoy about placing a resin finish over the statues in the
Walk Through History Park (see the highlighted seetion of Jim's letter).
At the last Planning Commission meeting, the Commission made a minor ehange to the
Maryvale PDD (identifying the southern boundary of planning area 6). TIle resolution
formalizing this ehange is in the paeket.
Finally, there are several letters included FYI.
See you Wednesday!
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
MEMORANDUM
To: Mayor JOhnsto~ .;:Iraser Trustees
From: Chuck Reid 'J ~
Date: January 7, 199
Subject: Amended agenda
Last night I realized that the public hearings for annexing the parcels of land adjacent to Kings
Crossing Road had not been put on the agenda or in your packet. My apologies. Enclosed are a
new agenda, and information relating to the annexation of the two parcels.
Call with questions.
r:5. ~ 1.1' V\ u'tJJ.j ..(}J\t- [o1-e-d 13-0.
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TOWN BOAR))
DEC. 18, 1996
The ~egular meeting of the Town Board was called to 'Order at 7:30 p.m. Board present
were !Mayor Johnston, Havens, Wirsing, KJancke, McIntyre, Sanders and Swatzell. Also
prese~t were Reid, Skelton, McGowan and Winter.
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Minutes of the Dec. 4th meeting were approved as written.
ACTiION ITEMS
Haveus moved to approve Resolution No. t 2-4-96, approving the contract for police
services far year 1997, 2nd Swatzell, camed.
Haveps maved ta apprave Resalution No. 12-5-96, accepting a deed to Parcel C, Oorensan
Suhdmsion, with a deed restriction for open space or park use, 2nd Swatzell, camed.
Reso.ution adopting the Three Mile Plan was reviewed. Mayor Johnston advised the Board
that the Town of Winter Park has asked the Board to tahle the adoption of this Resolution
sa th~t they can review it further. Board tahled this resolution.
LIQUOR LICENSE RENEWALS
Byers Peak Restaurant. Havens moved to renew this license, 2nd Swatzell, camed.
Crooked Creek Saloon. One report of a sale ta a minar was discussed. Havens maved to
renew this license. 2nd Swatzell. canied.
STAFF CHOICE
The regular meeting date for Jan is the 1st, staff recommends moving the meeting to J80
8th at 7:30 p.m.
The hearing for the Young tife dL"Velopment has been continued at the Calmly.
Lihrary District has asked the Baard to reconsider full funding. Board may be able to
consider it at a later date.
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Baar~ will meet at 6:30 p.m. an Jan. 8th ta da die manager's evaluatian.
Na further business"meeting adjourned at 8:30 p.m.
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SMARTS HUTILE
A Community Service
January 3, 1997
Boardmembers, Town of Fraser
P.O. Box 1~0
Fraser, CO 80442
Dear Boardmembers:
At the next Town of Fraser meeting on Wednesday, January 8, the SmartShuttle Team
will be introducing you to our program with the hopes that the Board will join other
generous community sponsors in providing funds for the Smart Shuttle. The Smart Shuttle
is a new program being organized by a group of young, concerned citizens from our
community: It is our objective in this first year to generate enough funding to run a late
night shuttle from 10:30 p.m. to 2:30 a.m. every Friday and Saturday night from the
weekend before Christmas through the last weekend of the ski season. Thus far, the
support that we have received from the community has been phenomonal. In our
preliminary contacts with a few local businesses, we have already raised nearly one half of
the funding needed to meet our primary goal. Enclosed is an information packet which
will familiarze you with the SmartShuttle program.
The two things that we are hoping the Town of Fraser will agree to sponsor are $1500.00
in cash funds to assist the Smart Shuttle in achieving its goal for covering costs through the
end of lQ~7. Additionally, we would like to propose that the Town of Fraser recommend
tOIis majistrate that the fine for vehicles parking on town streets over night be reduced for
violators in possession of a Smart Shuttle receipt dated the same as the night of violation.
Weare hoping that these measures will help prevent drunk drivers from attempting to
drive their vehicles and thereby make the streets of our community safer.
Thank you for considering both of these propositions. We look forward to answering any
questions and concerns that you might have on Wednesday evening.
Sincerely,
t1lL~ ~
Maire Sullivan
for the SmartShuttle Team
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SmartShuttle Team History
The SmartShuttle team was brought together by a common interest in
attempting to create a tipsy taxi type service as well as providing an alternate
mode of late night transportation that would service our community during its
busiest periods. In October, Deb Delap of Grand Futures was distributing
alcohol awareness/drunk driving information to restaraunts and bars
throughout the county. During her visits, Maire Sullivan and Rob Hilken
expressed an interest in wanting to help create a tipsy taxi service. After an
initial meeting between these two, they felt optimistic that creating such a
service would be feasible if done with realistic goals in mind. From that
point, they began proposing the idea to members of the community. The
response they received was overwhelmingly positive. From these responses,
they determined that members of our community deem such a service as
necessary not only to keep drunk drivers off our roads but also to provide a
mode of late night transportation for locals and tourists who are without
vehicles.
After being approched by Hilken and Sullivan, Jack VanHorn at Home James
agreed to make one of his vans available for the SmartShuttle at a lower than
market rate. VanHorn organized the last tipsy taxi service several years ago
in conjunction with Grand County Resources for Youth (GCR Y). At this
point, Kate Walker of GCR Y and Scott Emery also joined the team and were
later joined by Scott Marchand. Since the initial meeting between Hilken and
Sullivan in early November, the SmartShuttle team has volunteered over 100
hours of their time to develop the program, raise funds, create promotional
materials, and inform the public about the existence of the SmartShuttle.
SmartShuttle Team Members
Deb Delap - Grand Futures
Kate Walker - Grand County Resources for Youth
Maire Sullivan
Rob Hilken
Scott Emery
Scott Marchand
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SmartShuttle Proposed Budget
Operating Fridays and Saturdays
Dec. 20 thru April 19 = 18 weekends = 36 days
Hours: 10:30 pm to 2:30 am
36 days of 4 hours each @ $30/hr = $4320
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Route: Old Town to Fraser staying on the Highway 40 corridor. Adolf's has agreed to
serve as the Old Town endpoint. The Crooked Creek has agreed to serve as the Fraser
endpoint. Endpoint locations will serve as "reception centers" for calls pertaining to the
SmartShuttle during its hours of operation. SmartShuttle drivers will stop in at these
locations every loop to field messages.
Additional Days tJ '-/1 ~o +~DVCj h 4#-J
12/31 NY Eve 4hrs.
2/18 Pres. Wkend 4hrs. ~~
3/17 St. Paddy's 4hrs. .~ +-?
4/20 Splash 6 hrs. (8pm to 2am) ~ow? c~M..\ Wl.!1'\I
Total 18 hrs. ?
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18 hrs. @ $30/hr = $420
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Minimum funds needed to cover these periods $4740
Goals:
1) To cover costs for above mentioned periods.
2) To add the Friday & Saturday of Music Fest Weekend ($240)" ~icf),.., ~\J~t r~
3) To cover additional costs through the calendar year of 1997 (adding Fri. & Sat. of
,~ weekend, two weekends at the end of December, and New Year's Eve. Total
Cost 840 .. .. .
4) Ultimate expansion of service to 7 days per week during prime tourist periods
(specifically winters from the weekend before Christmas to the end of ski season) and for all
major events.
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What is the SmartShuttle?
The SmartShuttle is a proposed late night shuttle service that would run along the Hwy 40 corridor from
Old Town to Fraser. Any individuals wishing to utilize the service may simply flag down the shuttle.
Hours of operation are proposed as 10:30 p.m. to 2:30 a.m.
Why does Winter Park/Fraser Valley need a SmartShuttle?
Weare all aware that the primary industry in our valley is tourism. As we continue to market ourselves
more towards destination and world class resort status, we must strive to meet the needs and expectations
that guests have of such a resort. This includes providing them with a means to enjoy all the products that
our community has to offer, day or night.
In many ski magazines and marketing surveys, one area that Wmter Park is most often cited as lacking is in
the opportunities for nightlife. However, any local could probably dispute this claim. We have a substantial
number oflate night venues providing services ranging from food, drink, dancing, pool tables, bands, or
simply a quiet place to enjoy the company of friends. Yet, this misperception probably causes us be
somewhat unappealing the segment of the market that is in the single, 21 to 40 year old age group.
The one service that is most lacking in the late night realm is transportation. Our existing modes of
transportation essentially impose a curfew on the carless by forcing them to enjoy our town anytime before
11 p.m.. Anyone choosing to stay out beyond this time must either walk, hitchhike or take the taxi home.
Our notoriously cold weather makes the first option rather unappealing to the unconditioned. The.second
option is often considered offensive to the bulk of the population. And, unfortunately, the third option is
more often than not perceived as too expensive. In order for our community to be more appealing to a
broader range of the market, we must explore options that provide tourists with the ability to enjoy our
town basically around the clock. The SmartShuttle is one such option.
Furthermore, our lack of a 24 hour bus or taxi service combined with our infamously frigid weather, may
force individuals to make poor decisions about their ability to driv~ after the consUmption of alcohol.
Providing people with an alternate means oflate night transportation would enable them to make wiser
choices concerning their sobriety. Giving people .the option of not driving is invaluable in the prevention of
alcohol related accidents. Keeping impaired individuals from behind the wheel makes the roads of our
community safer.
Who would benefit from the SmartShuttle?
Tourists and locals alike would benefit by being provided with a safe alternate mode of transportation
during late night hours. Businesses would benefit from increased traffic flow during the period that the
shuttle operates. Our community would benefit through safer roads. Our image as a resort would benefit
by appealing to a broader range of the market segment by meeting the expectations of guests in their
perception of what types of services and opportunities are available at a world class resort.
How will this service be financed?
We believe that the feeling of ownership is vital to the success of any project. For this reason, we are
soliciting donations from businesses and individuals alike throughout our community. Additional funds are
also being sought from a variety of government and non-profit organizations such as GCRY, Grand
Futures, and the D.A' s office. During the course of the ski season, we plan to hold a number of
fundraisers in an effort to raise additional monies and to increase public awareness of the SmartShuttle
Program.
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SMART SHUTTLE
PLEDGE SHEET
I do hereby pledge the following donation to the SmartShuttle Program in
support of their efforts towards creating an alternative means of late night
transportation:
Signed:
Representing:
Date:
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COLORADO STATE PATROL STATISTICS
1222 19960an. - Feb.)
30 DUl accidents 5 DUl Property damage accidents
11 DUl accidents w/inj. 4 DUl accidents vi/inj.
Total cost=$101,200.00 Total cost=$36,800.00
2 Fatal DUl crashes No fatal accidents
Total cost=$480,000.00
13 DUl arrests 21 DUl arrests
GRAND COUNTY SHERIFF'S OFFICE
1996CTAN.-AUG. )
91 D Ul arrests
Average DUl fine in Grand County=$SOO.OO 1st time offender
usually $300.00 suspended
total=$S63.00=fine+court costs
Average DUl fine for Multiple offender=$I,OOO.OO
total costs=$1,300.00 =fine+court costs
(some of this may be suspended) . .
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GR.-LVl). .HOFFAT & ROUTT COUNTIES
A Dit.ts/on of the J -itlz judicial District Attorney
November 26, 1996
To Whom It May Concern:
On behalf, of the Grand Futures Prevention Coalition (GFPC), I would like
to offer my support to the SmartRide program and urge the business
community to do the same.
GFPC is a .Center for Substance Abuse Prevention coalition with a mission
,of reducing alcohol and other drug abuse in Grand, Routt, and Moffat
counties. We work in a broad-based community development model,
..., aiming to work with and strengthen agencies which support a healthy
community. As such, we wholeheartedly support the SmartRide program as
it strives to reduce drinking and driving in Grand County-specifically the
Winter Park/Fraser resort area.
We need to keep the citizens of our county safe. Therefore, Grand Futures
Prevention Coalition pledges $500.00 to the SmartRide program and
implores th~ business community to contribute as well.. to this worthwhile
endeavor. '
Sincerely,
JM-~
Deb Delap
Community Coordinator
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GRAND COUNTY MOFFAT COUNTY ROUTI COUNTY
195 3rd St.. P:O. Box lliQ 601 Yampa Ave. 135 6th St.. P.O. Box 774923
Granby. CO 804...6 Ccaig. CO 81625 Steamboat Springs. CO 8047t
(970) 887-9655 (970) 824-5752 (970) 879-6188
FAJ' (970) 887-%56 FA.."{ (970) 824-;715 PA.."{ (970) 879-1185
ADAD WESTERN SLOPE CLEAR1~GHOUSE . 1-800- ~8RADAR
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G.CRT
GRAND COUNTY RESOURCES FOR YOUTH
December 10, 1996
To Whom It May Concern:
Grand County .Resources for Youth is pleased to support the SMART Shuttle
program. This shuttle service provides a free means. of transportation to adults
who are tob impaired to drive or who do not want to ride home with an impaired
driver. This service will help to keep our local streets safe.
In order for this program to succeed, it must be backed by businesses as well as by
community members. I encourage you to support this greatly needed community
service.
Sincerely,
.rrtt ~QJA./ .
Kate WaIker
Director
P.O. Box 1463 · Granbyt CO 80446
970-887-0131 · Fax 970-887-9656
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CHAMBER OF COMMERCE
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December 15, 1996
To SmartShuttle
The Winter Park Fraser Valley Chamber of Commerce pledges our support
to your efforts to start a after hours shuttle service for Winter Park and
Fraser. This service is greatly needed and would be a benefit for visitor and
locals alike.
Please let us know if we can be of further service through advertizing or
special promotions.
Winter Park Fraser Valley
Chamber of Commerce
. Director
PHONE:
(970) 726-4 'I '18
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DENVER METRO:
(303) 422-0888
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FAX:
(970) 728-9449
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WEB SITE:
www.w1nterpark-lnto.com/wpfY
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November .1996.
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Local Color: Winter
Park is a largely commuter
resort, so if you're looking
for raging nightlife, you'll
have to do some
prospecting. The Divide
Grill atop Copper Creek
: Square offers a good basic .'0. ~
. menu and cocktails; Deno"s.
...Swiss.House on Highway.~:.
..' ,.40 has good European fare
. and an upscale atmosphere.
The lifts at- nearby Beithoud.
.~" Pass haven't run in years, .
but the skiing still rages if .'
-":-you -don't mind hiking,-~
.- shuttling or thumbing your .. <
. .~:;~w~iJ~~c~___~~ you car. ~inter'":~
-, . .. Park a one of three resorts
. -:nati~n~de :io~; host the _.
. . '.; - ..:._~ 'r-;_ '-,-~" '_ -
: Naticuial'Women'{Ski and '
. . ',' '-~_. "-. ~.. ,.
. Snowboard. we~~ ~-!a~;t~~~
. . 20-26, featunng chmcs,f!:e~~~
. - ~ : ':.,..- -..a:,~-'~'
: demos and appearances ~t ;~~
.. . . top female athletes. - . . - . :~~~
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SmartShuttle
Pledge Summary
Donor Contribution Value Cash
Adolfs Cash $100.00
Anaie's Salon Cash $25.00
Bottle Pass Liauors Cash $200.00
Colorado Community First Fee Free Bank Account
Crooked Creek SaloonlThe Slope Cash $500.00
Emerv, Scott & Jenny Cash $100.00
Fraser Brazier Cash $10.00
Grand Co. Resources for Youth Cash $100.00
Grand County Financial Services Cash $40.00
Grand Futures Cash $500.00
Grapevine Liauors Cash $20.00
Hideawav Bistro & Pub Cash $150.00
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Home James Rate reduction of $1 O/hr. $1,620.00
Larson, Katrina Artwork $30.00
Liauor Barn Cash $100.00
Mountain Printer Posters $35.00
Rome on the Ranae Cash $500.00
RYder Transportation Bus for fundraiser $195.45
Sharkv's Eatery Cash $100.00
Shed, The Cash $100.00
WP Pub Cash $500.00
WP Pub Benefit Cash $1,385.00
WP/Fraser Vallev Chamber CODvina, Newsletter Mailinas
irOTAL $1,880.45 $4,430.00
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Annexation iScript: Ordinance 230
Reid: Introduce proof of publication; applicable requirements ofC.R.S. 31-12-108 met;
annexation impact report not required; staff and attorney has reviewed petition
and , found it in compliance with all applicable statutory requirements, esp. C.R.S. 31-
12-1 07( 1); petition signed by 100% owners, therefore annexation can be done by
Ordinance.
Introduction of exhibits:
Exhibit A - Petition for annexation
Exhibit B- Annexation Map
Exhibit C - Resolution 11-2-96 of the Fraser Board of Trustees setting
this matter for public hearing.
Exhibit D - Publisher's affidavit of notice for public hearing.
Trustee: " I move that Exhibits A,B,C, and D be admitted as evidence in connection with
the proposed annexation." Second required. Vote.
Reid: Annexation evidence.
Applicant: Annexation evidence.
Public: Annexation evidence.
Board: Annexation evidence.
Jeff: Close public hearing
Trustee: ") move passage of resolution 1-2-97, a resolution adopting findings of fact and
conclusions pertaining to the annexation of a parcel of land totaling
approximately 1010 square feet." Second. Vote.
Trustee: 1 move adoption of Ordinance 230, an ordinance annexing approximately 1010
square feet to the Town of Fraser. Second.
Trustee: "I move to suspend all rules of this Board which might prevent, unless
suspended, the final passage and adoption of this Ordinance at this meeting. I
further move that the same rules are suspended for the purpose of pennitting the
final passage and adoption of this Ordinance at this meeting." Second. Vote.
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Vote on Ordinance 230.
Trustee: "I move that Ordinance 230 be published in the Manifest." Second. Vote.
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TOWN OF FRASER
RESOLUTION NO. \ ~ I ~~ 1-
SERIES ~
A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS PERTAINING
TO THE ANNEXATION TO THE TOWN OF FRASER, COLORADO, OF A PARCEL OF
LAND GENERALLY LOCATED IN THE SOUTHWEST 1:, SOUTHWEST }{ OF
SECTION 28, TOWNSIDP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND
COUNTY, COLORADO, CONTAINING APPROXIMATELY 2190 SQUARE FEET.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
The Board of Trustees, pursuant to Section 31-12-110, 12B C.R.S. (1986 Repl. Vol.), makes
the following legislative fmdings of fact and conclusions.
FINDINGS OF FACT
1. On , 1996, a petition (hereinafter the "Petition") for the
annexation to the Town of Fraser, Colorado of property generally described in Exhibit A
hereto (hereinafter the "Property") was filed in the office of the Town Clerk.
2. On , 1996, the Town Clerk referred the Petition to the
Board of Trustees as a communication.
3. The Board of Trustees determined that the Petition so filed was substantially in
compliance with the requirements of Section 31-12-107(1), 12B C.R.S. (1986 Rep1. Vo1.), and
on , 1996, adopted Resolution No. _ so fmding, and establishing
, 1996, as the date of the public hearing on the requested
annexation.
4. The Town Clerk published a copy of Resolution No. _ and the Petition, together
with a notice of the time, date, and place of the annexation hearing, in the
, in the , on , 1996; ,
1996; , 1996; and , 1996. The Board of Trustees
fmds that the is a newspaper of general circulation in the area
proposed to be annexed.
5. Copies of the published notice, Resolution No. _ and the Petition were also sent by
registered mail by the Town Clerk to the Board of County Commissioners of Grand County
and the Grand County Attorney.
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6. A public hearing pursuant to Section 31-12-109, 12B C.R.S. (1986 Repl. Vol.) was
held before the Board of Trustees on , 1996, at which all persons
present were given an opportunity to present evidence upon any matter to be detennined by
the Board of Trustees.
7. Based on the testimony of , a registered land surveyor,
the Board of Trustees fmds that not less than one-sixth of the perimeter of the area to be
annexed is contiguous with the existing boundaries of the Town of Fraser, Colorado.
8. Based on the testimony of , the Board of Trustees finds
that a community of interest exists between the Property and the Town of Fraser, that the
Property will be urbanized in the near future, and that the Property is integrated with or
capable of being integrated with the Town. In this regard, the Town notes that no evidence
whatsoever was presented at the hearing tending to show that:
a. Less than fifty percent (50%) of the adult residents make use of recreational,
civic, social, religious, industrial, or commercial facilities of the Town; or that
b. Any landowner in the area to be annexed has expressed, under oath, an
intention to devote the land to agricultural use for a period of not less than five (5)
years; or that
c. It is not physically practicable to extend to the Property those urban services
which the Town provides in common to all its citizens on the same tenns and
conditions as such services are made available to such citizens.
9. In establishing the boundaries of the Property, no land held in identical ownership,
whether consisting of one (1) tract or parcel of real estate or two (2) or more contiguous
tracts or parcels of real estate, was divided into separate parts or parcels without the written
consent of the landowners thereof.
10. In establishing the boundaries of the Property, no land held in identical ownership
compromising twenty (20) acres or more, with or without a valuation for assessment of two
hundred thousand dollars ($200,000.00) for ad valorem tax purposes, was included without
the written consent of the owner.
11. No annexation proceedings have been commenced for the annexation of all or any
portion of the Property by any other municipality.
12. The annexation of the Property will not result in the detachment of area from any
school district and the attachment of the same to another school district.
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13. The annexation of the Property will not have the effect of extending the Town's
boundary more than three (3) miles in any direction from any point on such boundary in any
one (1) year.
14. Prior to the completion of this annexation the Town had in place a plan for the area,
which plan was adopted as a portion of the Town's Comprehensive Plan, which generally
describes the proposed location, character, and extent of streets, subways, bridges, waterways,
waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways,
grounds, open spaces, public utilities, and tenninals for water, light, sanitation, transportation,
and power and the proposed land uses for the area.
15. The Property does not include any platted street or alley, the entire width of which is
not included within the area annexed.
CONCLUSIONS
Based upon the findings of fact set forth above, the Board of Trustees concludes as follows:
1. The requirements of Sections 31-12-104 and 105, 12B C.R.S. (1995 Cum. Supp.) have
been met and the Property is eligible for annexation to the Town of Fraser.
2. No election is required under Section 31-12-107(2), 12B C.R.S. (1986 Rep!. Vo!.).
3. No additional tenns or conditions are to be imposed on the Property as part of this
annexation.
PASSED, ADOPTED AND APPROVED TIllS DAY OF . 1996 by
a vote of to .
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
By:
Jeff Johnston
Mayor
ATTEST:
(S E A L)
Virginia Winter, Town Clerk
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Published in the Winter Park Manifest on , 1996.
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TOWN OF FRASER
RESOLUTION NO. \ .1,-f(1
SERIES 1~ 11f1
A RESOLUTION ADOPTING FINDINGS OF FACT AND CONCLUSIONS PERTAINING
TO THE ANNEXATION TO THE TOWN OF FRASER, COLORADO, OF A PARCEL OF
LAND GENERALLY LOCATED IN THE SOUTHWEST }{, SOUTHWEST }{ OF
SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M., GRAND
COUNTY, COLORADO, CONTAINING APPROXIMATELY 1010 SQUARE FEET.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
The Board of Trustees, pursuant to Section 31-12-110, 12B C.R.S. (1986 Repl. Vol.), makes
the following legislative fmdings of fact and conclusions.
FINDINGS OF FACT
1. On , 1996, a petition (hereinafter the "Petition") for the
annexation to the Town of Fraser, Colorado of property generally described in Exhibit A
hereto (hereinafter the "Property") was filed in the office of the Town Clerk.
2. On , 1996, the Town Clerk referred the Petition to the
Board of Trustees as a communication.
3. The Board of Trustees determined that the Petition so filed was substantially in
compliance with the requirements of Section 31-12-107(1), 12B C.R.S. (1986 Repl. Vol.), and
on , 1996, adopted Resolution No. _ so fmding, and establishing
, 1996, as the date of the public hearing on the requested
annexation.
4. The Town Clerk published a copy of Resolution No. _ and the Petition, together
with a notice of the time, date, and place of the annexation hearing, in the
, in the , on , 1996; ,
1996; , 1996; and , 1996. The Board of Trustees
finds that the is a newspaper of general circulation in the area
proposed to be annexed.
5. Copies of the published notice, Resolution No. _ and the Petition were also sent by
registered mail by the Town Clerk to the Board of County Commissioners of Grand County
and the Grand County Attorney.
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6. A public hearing pursuant to Section 31-12-109, 12B C.RS. (1986 Repl. Vol.) was
held before the Board of Trustees on , 1996, at which all persons
present were given an opportunity to present evidence upon any matter to be detennined by
the Board of Trustees.
7. Based on the testimony of , a registered land surveyor,
the Board of Trustees fmds that not less than one-sixth of the perimeter of the area to be
annexed is contiguous with the existing boundaries of the Town of Fraser, Colorado.
8. Based on the testimony of , the Board of Trustees finds
that a community of interest exists between the Property and the Town of Fraser, that the
Property will be urbanized in the near future, and that the Property is integrated with or
capable of being integrated with the Town. In this regard, the Town notes that no evidence
whatsoever was presented at the hearing tending to show that:
a. Less than fifty percent (50%) of the adult residents make use of recreational,
civic, social, religious, industrial, or commercial facilities of the Town; or that
b. Any landowner in the area to be annexed has expressed, under oath, an
intention to devote the land to agricultural use for a period of not less than five (5)
years; or that
c. It is not physically practicable to extend to the Property those urban services
which the Town provides in common to all its citizens on the same terms and
conditions as such services are made available to such citizens.
9. In establishing the boundaries of the Property, no land held in identical ownership,
whether consisting of one (1) tract or parcel of real estate or two (2) or more contiguous
tracts or parcels of real estate, was divided into separate parts or parcels without the written
consent of the landowners thereof.
10. In establishing the boundaries of the Property, no land held in identical ownership
compromising twenty (20) acres or more, with or without a valuation for assessment of two
hundred thousand dollars ($200,000.00) for ad valorem tax purposes, was included without
the written consent of the owner.
II. No annexation proceedings have been commenced for the annexation of all or any
portion of the Property by any other municipality.
12. The annexation of the Property will not result in the detachment of area from any
school district and the attachment of the same to another school district.
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13. Th~ annexation of the Property will not have the effect of extending the Town's
boundary ore than three (3) miles iI\ any direction from any point on such boundary in any
one (1) year.
14. Prior, to the completion of this annexation the Town had in place a plan for the area,
which plan was adopted as a portion of the Town's Comprehensive Plan, which generally
describes the proposed location, character, and extent of streets, subways, bridges, waterways,
waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways,
grounds, opep. spaces, public utilities, and tenninals for water, light, sanitation, transportation,
and power ~d the proposed lanq uses for the area.
15. The Property does not include any platted street or alley, the entire width of which is
not included within the area annexed.
CONCLUSIONS
Based upon the findings of fact set forth above, the Bo~d of Trustees concludes as follows:
1. The requirements of Sections 31-12-104 and 105, 12B C.R.S. (1995 Cum. Supp.) have
been met and the Property is eligible for annexation to the Town of Fraser.
2. No election is required under Section 31-12-107(2), 12B C.R.S. (1986 Repl. Vol.).
3. No acfditional tenns or conditions are to be imposed on the Property as part of this
annexation.
PASSED, ADOPTED AND APPROVED TIllS DAY OF , 1996 by
a vote of to .
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Jeff Johnston
Mayor
ATTEST:
(S E A L)
Virginia Winter, Town Clerk
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Published in the Winter Park Manifest on , 1996.
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TOWN OF FRASER
ORDINANCE NO. ~~
AN ORDINANCE ANNEXING APPROXIMA TEL Y 1010 SQUARE FEET OF PROPERTY
GENERALLY DESCRIBED AS A PARCEL OF LAND LYING WITHIN THE
SOUTHWEST },( SOUTHWEST }{ OF SECTION 28, TOWNSHIP 1 SOUTH, RANGE 75
WEST OF THE 6TH P.M., GRAND COUNTY, COLORADO.
WHEREAS, the Town of ,Fraser, Colorado has detennined that the annexation of the land
described in Exhibit A hereto is in substantial compliance with the Municipal Annexation Act
of 1965, Section 31-12-101, et seq., 12B C.R.S. (1986 Repl. Vol.) (the "Act"); and
WHEREAS, the Board of Trustees has by resolution detennined that the requirements of the
Act have been met, that the property is eligible for annexation, that an election is not
required, and that no additional tenns or conditions are to be imposed on the annexed area.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
Section 1. The property described in Exhibit A hereto located in the Grand County, State of
Colorado, is hereby annexed to the Town of Fraser, Colorado, and incorporated in and made
a part thereof.
Section 2. The annexation by and to the Town of Fraser, Colorado, of the property
described in Exhibit A hereto meets all the requirements of law.
Section 3. The property described in Exhibit A hereto is owned entirely by the Petitioner.
Section 4. Pursuant to Section 31-12-115 of the Act, the zoning of the property described
in Exhibit A hereto shall be initiated and completed within ninety (90) days from the effective
date of this Ordinance.
Section 5. The annexation of the property described in Exhibit A hereto shall be complete
and effective on the effective date of this Ordinance, except for the purpose of imposition of
general property taxes which shall be effective on and after the first day of January 1997.
Section 6. Within thirty (30) days after the effective date of this Ordinance, the Town
Clerk is directed to:
a. File one (1) copy of the annexation map with the original of this Ordinance in
the office of the Town Clerk.
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b. File two (2) certified copies of this Ordinance and the map of the area annexed
containing a legal description of such area with the Grand County Clerk and Recorder.
Section 7. 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 vaUdity 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 anyone or more sections,
subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional.
Section 8. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after
passage, adoption and publication thereof as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES, AND SIGNED THIS DAY OF . 1~ 11f1
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
Jeff Johnston
Mayor
ATTEST:
(S E A L)
Virginia Winter, Town Clerk
Published in the Winter Park Manifest on , lj9(f. 1'1' ':i
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 / 153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
TO: Mayor Johnston and Fraser Town Board Members
FROM: Catherine E. Skelton ,,-, ,fl';> 1/7 .t:~''-"''~--
DATE: January 3, 1996 lj). ,t.....
RE: Air Quality Ordinance
As we discussed at our December 4th, 1996 (own board meeting, Rod McGowan had a
concern with the part of the air quality ordinance which provided for "rebates" to be paid
to individuals and companies who upgrade to a certified buming device. I have enclosed
a copy of his letter. Staff has drafted two air quality ordinances. One with the rebate and
one without. I have only enclosed the ordinance with the rebate for your review and
consideration. The only difference is that the rebate section would be deleted if you see
fit. The public hearing for the adoption of this ordinance is scheduled for January) 5th,
1996 at 8:00 P.M.
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BAKER, CAZIER AND McGOWAN
cCJ( YLIUt' q;~
OF PROFESSIONAL CORPORATIONS 62495 U.s. HIGHWAY 40 FAST
BOX 500
JOHN L. BAKER, P.C. GRANDY, COLORADO 80446
STANLEY W. CAZIER, P.C. TELEPHONE (970) 887.3376
RODNEY R. McGOWAN. P.C. FAX (970) 887.9430
Rod McGowan
mcgowanr@rkymlnbl.com
December 19, 1996
Ms. Catherine Skelton
Town of Fraser
P.O. Box 120
Fraser, CO 80442
Re: Air Quality Ordinance
Dear Catherine:
As we discussed previously, I had a concern with the part of the draft air quality
ordinance which provided for "rebates" to be paid individuals and companies who upgrade to a
certified burning device. My concern was that these provisions might violate certain restrictions
on public grants to private parties, and in particular, Article XI, Section 2 of the Colorado
Constitution, which provides that:
Neither the state, nor any county, city, town, township, or school district shall make any
donation or grant to, or in aid of, or become a subscriber to, or shareholder in any
corporation or company or a joint owner with any person, company, or corporation,
public or private....
I agreed to contact Lee Phillips regarding the similar provisions included in the Town of
Winter Park's ordinance, to see what legal authority they relied on in incorporating those
provisions. Whi.le he indicated that he was not involved in dratling or reviewing the subject
ordinance, he said he thought that the rebate provisions were probably valid under the Colorado
Supreme Court's decision in In re Interrogatory by Governor Romer, 814 P.2d 875 (Colo. 1991).
In that decision, the Court upheld the legality of the legislative scheme designed to lure the
United Airlines maintenance facility to Colorado. In the process of so holding, the Court
referred to earlier cases which the Court indicated had recognized a "public purpose" exception
to the constitutional prohibition against grants or donations to private parties. Specifically, the
Court stated that Article XI, Section 2 of the Colorado Constitution "does not prohibit a
municipality from conferring a monetary benefit on a private company in consideration of the
company's undertaking a project, even though the company might have been required to
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Ms. Catherine Skelton
December 19, 1996
Page 2
undertake the project without such benefit, as long as the expenditure by a municipality furthers
a valid public purpose."
While I continue to have some reservations about the proposed rebate provisions, I would
agree with Lee that the above-cited Supreme Court decision does provide arguable authority that
the rebates would not violate the Constitution so long as they are designed to further a valid
public purpose. Further, the rebates are clearly intended to serve a public benefit, by enhancing
air quality in the Fraser Valley. Accordingly, if the Board wishes to include the rebate
provisions in the ordinance, I believe it has a good faith legal basis for doing so.
Rodney R. McGowan, P.C.
RRM:sw
Copy Sent by Fax to Fax No. (970) 726-5518.
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TOWN OF FRASER
ORDINANCE NO. _
AN ORDINANCE OF THE TOWN OF FRASER, COLORADO. REPEALING AND
REPLACING ARTICLE 7-8 OF THE FRASER MUNICIPAL CODE AND SETTING
FORTH CERT~IN PROVISIONS TO CONTROL AIR POLLUTION WITHIN THE
TOWN. AND PROVIDING DETAILS WITH REGARD THERETO.
WHEREAS. the Board of Trustees of the Town of Fraser has
found and determined that air quality is an important component
of the health. safety. and welfare of the citizens and community
of the Town of Fraser:
WHEREAS. the Board of Trustees of the Town of Fraser has
found and determined that the Board has a duty to protect and
improve air quality and preserve the seenic natural resources of
the community by the control, prevention. and abatement of air
pollution in and around the Town of Fraser. ~ t (; t
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NOW THEREFORE. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FRASER. COLORADO. THAT:
PART I: AMENDijENT TOTOWij CODE. The Code of the Town of
Fraser. Colorado is hereby amended by repealing existing Article
7-8, and adding a new Article 7-8 to said Code entitled
"Environmental Quality-Air Pollution Control, II whieh shall read
as follows:
ARTICLE 7-8
ENVIRONMENTAL QUALITY - AIR POLLUTION CONTROL
Section 1-8-1. Purpose.
( 1 ) The Fraser Board of Trustees hereby finds and declares air
quality to be an important component of the health. safety. and
welfare of the citizens and eommunity of the Town of Fraser and
the Town Board has.a duty to protect and improve air quality in
and around the Town. and to preserve the seenic natural resources
of the eommunity. It is further declared that the control.
prevention. and abatement of air pollution within the Town of
Fraser is a matter of significant local interest and concern. To
this end. these regulations are intended to aehieve the following
specific purposes:
A. To protect the air quality in the Town of Fraser.
B. To reverse the trend towards increased air degradation
in the Town of Fraser.
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C. To provide heat sources that are efficient and have a
reduced air polluting effeet.
Section 7-1il-2, Definitions.
( 1 ) For purposes of this Artiele, the following terms and
phrases shall have the meanings indicated:
(a) Building: Any structure bull t for the shel ter or
enclosure of any use or occupancy.
(b) 13uilding Official: The official or other designated
authority charged with the administration and enforcement of
the Uniform Building Code and the Town's code.
( e ) Certified non-solid fuel burning device: A device
which burns anon-solid fuel. such as natural gas. liquefied
petroleum, or similar fuel in an appliance and/or device
which has been approved by Underwriter's Laboratory,
American Gas Assoeiates, or the Building Official.
(d) Certified solid fuel burniJlg device: A solid fuel
burning device whieh is certified by the Air Pollution
Control Division of the Colorado Department of Public Health
and Environment, to meet the emission standards set forth in
Section IV of regulation #4 of Volume 1 of the Standards of
the State Air Quality Control Commission.
(e) lJwelling Unit: One or more rooms in a dwelling
designed for occupancy by one family for living purposes and
having not more than one kitehen.
( f) EWelling, Single Famil}~ A detached building designed
exclusively for occupancy by one family.
(g) EWelling, Multi Family: A building designed for or
occupied by two or more families living independently of
each other.
(h) Family: One or more persons occupying a single
dwelling unit and maintaining a common household, but not
including boarding or rooming houses. lodges, hotels,
motels, tourist courts, or similar uses.
( i ) Idle or Idling: The running of the engine of a
motorized vehicle of any type whatsoever while the vehicle
is not! being operated for its intended purpose, on ei ther
public or private property within the Town of Fraser.
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( j ) Person: Ineludes anyl individual, corporation, limited
liability company, partnership, cooperative, firm or other
legal entity.
(k) Slash bU1~ing: A method of clearing forested areas by
cutting down and burning vegetation.
( I ) Solid Fuel Burning Device: Any fireplace, stove,
firebo~, or other deviee intended and/or used for the
purpose of burning wood, coal, pulp, paper, pellets,
or
other non-liquid or non-gaseous fuel.
( 2 ) Any word, term, or phrase not herein defined or specified
shall be detined in accordanee with the Town of Fraser zoning and
subdivision 'regulations.
Section 7-8-3. Solid Fuel Burning Devices.
A. No person shall install, or replace a solid fuel
burning device, or gas appliance within the Town of Fraser
without first obtaining a building permit in accordanee with the
Uniform Building Code as adopted by the Town of Fraser.
B. No person shall install or replace a solid fuel
burning deviee unless the solid fuel burning device is a
certified solid fuel burning deviee.
C. Limitation on the number of devices:
1. A detached single family dwelling for which a
building permit is issued after effective date of this Ordinanee
may have no more than one (1) approved solid fuel burning devie~
per dwelling.
2. Duplex units, or a building with two dwelling
units, for which a building permit is issued after effective date
of this Ordinance may have no more than one (1) approved solid
fuel burning device per dwelling.
3. No solid fuel burning device shall be allowed in
apartments, eondominiums, townhouses, hotel/motel rooms,
aeeessory butldings, aceessory apartments, restaurants, bars,
commereial and industrial buildings other than one (1) approved
solid fuel burning deviee per lobby or other main eommon area.
4. Any non-certified solid fuel burning device that
requires replacement, reloeation, or significant modification,
must be removed and/or replaced with a certified solid fuel
burning device, or certified non-solid f~el burning device.
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D. Any solid fuel burning devices which are pre-existing
before the effective date of this Ordinanee shall be exempt from
the provisions set forth in this Ordinance. However, if said
solid fuel burning deviee is replaced, it must be ~eplaeed with a
certified solid fuel burning device, or a certified non-solid
fuel burning device. ~~~
E. To encourage the eon ~rsion of wood burning fireplaces
and non-certified solid fuel urning deviees to certified solid
fuel burning devices and ee tified non-solid fuel burning
devices. a rebate of 100 shall be paid to any building owner
who converts to a certified solid fuel burning device. or a
certified non-solid fuel burning device after the effeetive day
of this ordinanee.
Section 7-8-4. Slash Burning.
A. Any subdivider who is contemplating the elearing of
forested areas is strongly eneouraged to mulch. separate for
firewood. o~ use other methods which do not involve burning to
remove slash materials from subjeet property.
B. Any subdivider who does use burning methods to dispose
of slash materials must contact the Colorado State Forest
Service. and the East Grand Fire Protection District to receive
direction on optimum burning methods. The subdivider shall
follow the direction of the East Grand Fire District, and the
Colorado State Forest Service.
C. No subdivider shall burn slash. or cause or allow
slash to be burned without approval of the burn by the Colorado
State Forest Service. The subdivider must eontact the Colorado
State Forest Service a minimum of ten (10 ) days before a burn is
to occur. to request a day-of-burn weather forecast which will be
condueted on-site. allowing the Colorado State Forest Service to
forecast smoke dispersal at the location of the proposed burn.
Any fees charged by the Colorado State Forest Service for such
site visits shall be paid by the subdivider. Smoke dispersal
forecasts must meet a minimum standard set by the Colorado State
Forest Service for a burn to oceur on a chosen date.
Section 7-8-5. Engine Idling.
A. It shall be unlawful for any person to idle or permit
the idiing of the motor of any stationary motor vehicle for a
prolonged or unreasonable period of time determined herein to be
fifteen (15) minutes or more within anyone hour period.
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B. This seetion shall not apply when an engine must be
operated in the idle mode for safety reasons. including. but not
limited to. the operation of cranes and fork lifts used in the
construction industry.
Section 7-8-6. Appeals.
( 1 ) Appeals of orders. decision or determination made by the
building official relative to the application and interpretation
of this Ordinance shall be heard by the Fraser Board of Trustees.
The decision by the Board of Trustees shall be final.
Section 7-8-7. Penalties and Enforcem~nt.
(1) Any person admitting liability for. found to be guilty of.
or against whom a default judgment has been entered for a
violation of this Article. shall be subject to a eivil penalty of
not more than three hundred dollars ($300.00) . Each and every
day a violation of this Article exists shall be deemed a separate
offense. for which a separate eivil penalty may be imposed.
Proceedings for the determination of such liability and
imposition of such civil penalty shall be conducted in the
Municipal Court in the same manner as proeeedings relating to
noncriminal traffic infractions. in accordance with the
provisions of Chapter 9, Article 9-1 of the Fraser Town Code. In
no ease shall any defendant found guilty of any violation of this
Article be punished by imprisonment for such violation.
(2) In addition to other remedies provided by law. the Board of
Trustees of the Town of Fraser may take such action as is
available for nuisance abatement under the laws of this State and
the Town. to prevent. enjoin. abate. or remove any such violation
or threatened violation of this Article.
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 proseeution 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.
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PART 3: S)::VERABILITY. If any section, subsection, sentence,
clause, or phrase of this Ordinanee 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 anyone or more
sections, subsections, sentences, clauses and phrases thereof be
declared invalid or unconstitutional.
PART 4: EFFECTIVE DATE. This Ordinance shall take effeet
immediately after passage, adoption, and publication thereof as
provided by law.
READ, PASSED, ADOPTED AND ORDERED PUEL I SHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS DAY OF ,
19~.
BOARD OF TRUSTEES OF TIlE
TOWN OF FRASER, COLORADO
BY:
Jeff Johnston, Mayor
ATTEST:
(SEAL)
Virginia Winter, Town Clerk
Published in the Winter Park Manifest on , 19_.
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TO-tvN OF FRASER
"Icebox of the Nation"
j:l.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX LIne: (970) 726-5518
,
TO: Mayor Johnston and Town BOt! tlel~ers
FROM: Catherine Skelton rl. ~'" e I .\1 v
DATE: January 3, 1997 \_..._l-'.:
RE: Fraser Planning Commission
The organization and rules which govern our Planning Commission are regulated by
Colorado State Statutes 31-23-20 I, and Fraser Zoning Code Article 10-1. A portion of
the statute, and our ordinance have been copied and enclosed for your review. lhe
Statute does! allow for the governing body of each municipality to amend certain
subsections ofthe regulations, specifically subsection 3. We have the choice to limit the
Planning Commission to five members, instead of seven. We can also change the term
limits. Currently, the term limits are six years.
Staff propoSes that we change the term limits to a four year term instead of six. A six
year commitment is a long time and maybe a reason why we are having diniculty in
filling the ctJrrent vacant position on the Planning Commission. We further propose that
the three current appointed planning commissioners draw straws to stagger their terms.
Under our prQposal, two commissioners' terms would end in 1998, with the remaining
commissioner's term expiring in the year 2000.
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ARTICLE 10-1 .
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FRASER PLANNING COMMISSION
Section 10-il-l. Planning Commission.
( 1 ) TIHlt there is hereby created
the Tm~n of Fraser "Planning
Commission" composed of seven (7 )
members ~lho may pet' form
all
functions qurrently or hereInafter authdrized by the
Statutes of the
,
Ordinances adopted by
State of C~lorado, thIs OrdInance, and future
the Board of Trustees of the Tm'm of Fraser, Colorado.
(Chapter 31, Article 23, Part 2, C .R.S.,
as amended.)
Section 10-:1-2. Members.
( 1 ) The Planning Commission shall consist
of three ( 3 ) eJt-off icio
members ~lho shall be the Mayor, a
member of the Board
of Trusteea
selected by: the Mayor, and a member of the Board of Trustees selected
by the Board of Tr.ustees. The
balance of the Commission
ahall
consist of four ( 4 ) persons appointed by the Mayor.
Section 10-1-3. Terms.
( 1 ) The terms of the e't-officio
members shall correspotld to
their
respective official tenure.
The terms of each of
the appointed
members sh::dl be sbt (6) yeal:'S or until
his successor takes office;
eJtcept that the respective term of one of the members first appointed
shall be t'NO ( 2 ) years, one
of the members first appointed
shall be
four ( 1, ) years, and bolO ( 2 )
of the members shall be sbt
(6 ) yeara.
The Hayor shall determine Nho shall
receive the different initial
terms.
( 2 ) The newly appointed member provided for in
this Ordinance shall
receive a silt (6 ) year term.
Section 10-1-4. Residency.
( 1 ) All members of the Commission
shall be .22.l1a fide residents
of
the Town, and if any member
ceases to reside in the TO~lll ,
hia
membership on the Commission shall
immediately terminate. All
members of the Commission shall serve
an such ~d thout compensation.
The members appointed by the t-1ayor
shall hold no other mU1l1c ipa.1
off ice eJtcept that one (1) member may be a member of
the 7.on1n9 Bo:u'd
of Adjustment or Appeals.
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31-23-112 Government - Mun I = :55 Plannmg and Zoning 31-23-20A4
31-23.11~. ~ees .of recorder. The.county ( f (a) When the commission is limited to tive members. the membership shaH
the same tees tor. tIh!l~ and recordIn~ the I t consist or'the mayor and a member or the governmg bOdy as ex officIO mem-"
I as are allowed tor tIlIng and recordmg on t bers and three persons appointed by the mayor. If the mayor is an dectlve
towns. i officer: otherwise by such orfice as the governIng body may designate as the
Source: R & RE. L. 75. p. 1145. ~ I. appointing power in the ordinance creatlng the commission.
, Ibl When the commission consists or seven or more members. there shaH
Cross references. For fees for tiling and befou~ ex officio members conslstlng or~he m~yor. one of the ad~inIst:ntive
rec:ording maps orpiats. see 9 30-1-103. ornClalS selected by the mayor. a memoer or the governIng boay selected
bv the mayor. and a member or the governing bOdy selected by the governIng
body: the balance or the membership shall be appointed as provIded in para-
PART 2 >rraoh tal or'this subsection ( 11.
- I 2) .~H members or' such commission shall be bona ride residents or the
PL,;,NNING COMMISSION municipality and. if any member ceases to reside in such municipality, his
f membershio on the commission shail automaticailv termInate.
3 -, -'0 . . . " ., . , 13) AlImembers of the commission shail serve ~vttho~t compensation and
1 13.- I. D.fimn.... ." ""'''n ,h.. pan _. unl.., th".nre,,, .,h.,w.." 'n. unpo"'red mome"" shall hold no oth" mum""al olfi"", OX"" thaI on. (\
reqUIre:.,. . . '. '" such appointed member may be a member of the zoning board of adjustment~
( I), .\-fayor. mea,!s .the .chIer executive .ot the mUnICIpalIty, whether the or appeals. The terms of ex officio members shail correspond to their resoec-
offiCial desIgnatlOn or hiS orfi~e IS mayor. CIty manager. or otherwtse: except tive official tenures: except that the term or the administrative official
that WIth respect to mUnIClpalltles operatIng under the statutory city manager selected bv the mavor shail termInate with the exoir:uion of the term or
torm of government. the term means the city manager. the mavor who seleCted him. The term of each appointed member shail be
q) "Subdivision" means any parcel or'land which is to be used tor condo- six years or until his successor takes Office: except that the respective terms
mInIUms. apanments. or any other multiple-dweHings units. unless such land of one-third of the members tirst apPOInted shail be two years. one-third
was prevIously subdivided and the tiling accompanying such subdivision shail be tour years. and one-third shail be six years. Members other than
complied with municipal regulaIlons applicable to subdivisions or substan- the member representing the governIng body may be removed. after public
tiaHy the same density, or the division or' a lot. tract. or parcel of land into hearings. by the mayor tor inefficiency. neglect of duty. or malfeasance .in
two or more iots. plats. sites. or other divisions or land tor the purpose. office. and the governIng bOdy may remove the member representIng It tor
whe~h~ immediate or future. of sale or or building development. It includes f t~e, sa;ne reasons. The mayor ?r the go~'ernIng body. as the case may be.
reSUOOI\'1SIOn and. when appropriate to the context. relates to the process snal! tIle a WrItten statement or reasons tor su~n removal. Vac~cIes .occur-
or subdividing or to the iand or temtorv subdivided. nng OtheI"Wlse than througn the expIraIlon or term shaH be tIlled tor the
- -.' - remainder or the unexpIred term by the mayor in the case of members
Source: R & RE. L. ;:l. p. 1145. ~ I: L. 81. p. I.) I 1. ~ I. selected or appointed by him. by the governIng bOdy in the case of the
. - '. . , member apPOInted by it. and by the appointIng power deSIgnated by the
Law revIews. :,or. artICle. ~ Camutauve APpl!ed In Wood Bros. Homes v, City or' O'overnmg bodv in muniCipalities in which the mavor IS not an elecIlve offi-
Impact Assessment or Western enerm' Oevel. Colo. :lpnn~. ..2 Colo. App. 15. 592 P.~d ,:. .
ODment: Will it Happen!..,.;ee 510. Coto. 1.. 1336(1978). "er.
Rev. 551 (19801. 14\ ~otwithstanding any provisions of subsections I l) and I)) or this
section to the contrary, the governIng bOdy or each mUnIcipality may provide
31 23 '02 G t of . '_l' " ". by ordinance tor the sIze. memberslup. designation or alternate membersnip. ~
-. -.. ran . power to mUDlCII'A<y. Any mUnICIpalIty IS authonzed terms or members. removal of members pursuant to subsection ()) or this ....",
to. make. ~dOPt. amena. extena.. add to. or carry out a plan, as ProVIded. In SectIon. and filling of vacancies of the commission.
this pan ~ and to create by ordInance or resolutIon a plannmg commISSIon
with the powers and dUIles set tonh in this pan 2. Source:R&RE.L. ;5.p.1146.~ 1:L. 79.p.1188.~ l.
Source: R & RE. L. 7'5. p. I 146. ~ I.
31-23-204. Onpmization and rules. The commission shall elect its chair-
man trom among the non ex orficio members and shall create and till such
31-23-203. Personnel of the commission. (I) The municipal planmng other of its offices as it may determIne. The lerm or the chaIrman shaH be
commission. referred to in this pan': as the "commission", shail consist one year. with eiigibiiity tor reelecIlon. The commiSSIon shaH hold at least
or' not less than tive nor more than seven members: except that a home one regular meetIng in each month. It shail adopt rules tor transaction or'
rule city or town shail not be iimIted in the size of its commission. Unless business and shall keeo a record or its resoluIlons. transaCIlons. findings.
otherwIse proVIded by ordinance. the membersnip and terms of members and determInaIlons. which record shaH be a public record.
shall be as toHows: Source: R & RE. L. 7'5. p. 1147. ~ l.
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October 23, 1996
Fraser Town Board,
& Manager Chuck Reid
Dear Friends,
-
When frustrated by'adversity, we tell ourselves that problems are
actually disguised opportunities. It's a challenge to see how
vandalism can be viewed as a lesson whereby all of us will
benefit, but here's my best effort.
We (Town, state, and myself) worked hard and went the extra mile
to make the park and western heritage exhibit a success. But
having recognized that, let's assume that vandals, rain, snow,
the suns's ultra violet light, and people who climb on things
are all trying to tell us something.
We thought of the exhibit as an educational, artistic, and
western history traffic stopper, but it's now obvious that unless
changes are made, the outdoor exhibit will fall to ruin from
atmospheric elements, vandalism, or both.
I believe this exhibit and the park is a success, all of the
things everyone had hoped for and with proper leadership, capable
of receiving national attention. But hindsight indicates wood as
a sculpture medium is irreplaceable if seriously vandalized; but
even without vandalism, wood requires costly and continuous
annual maintenance. A different medium must be utilized,
incorporated into both future and past sculptures, preserving
, artistic and historic continuity.
~ Ironically, the proper choice of a different medium could produce
a significant cost reduction by eliminating maintenance. The new
~ medium must also make replacement simple if vandalism were to
~ occur again. Bronze, resin or acrylic are the best alternative
mediums. Bronze is cost prohibitive,leaving resin or acrylic.
t Further investigation is necessary, but I lean strongly toward
resin to achieve low cost and artistic integrity.
Pouring a figure in either resin or acrylic requires that I
. initially create the sculpture in a malleable compound such as
Iclay. This could be accomplished on site in Fraser, but I'll
~ address that later.
A mold is then "pulled" off the clay figure, and when
reassembled, the mold serves as a cavity from which an exact
replica is produced. The mold could be used again to re-create
the exact figure again if vandalism was experienced, and
insurance could cover such foundry replacement.
I estimate that each mold would cost the town about two thousand
dollars. Pouring the resin sculpture, assembling, and finishing
the sculpture artistically would cost about three thousand
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dollars each(one/eighth the cost of pouring in bronze). These
are preliminary estimates, but they give an indication of what
will be necessary. Molds would also be pulled from the present
wood sculptures, replacing the wood sculptures at the rate of one
or two per year. The community, through the Town Board or its
newly created 501 C3 non profit trustees, will recognize these
changes as a necessary cost reduction for maintenance reasons
alone.
(
It's possible the 501 C3 Corporation would find outside funding,
but I need to know if that is not forthcoming, will the Town
guarantee the funding of the molds and poured figures so I can
continue work this summer. I will continue to guarantee creation
of the initial sculpture each year in clay such as I did in wood.
D~nq any more sculptures (outdoors and unattended) in wood is
~ut of the question.
Assuming for the moment that you agree to the above change in
sculpture medium, I wish to return to the idea of my sculpting
summers, in Fraser, either in the Town maintenance building or on
site in the park. The site would require some degree of security
from theft or vandalism if in the park. Specific public lecture
time would be available during the day, and though people would
be encouraged to watch me work, I need to be shielded from verbal
contact at all other times or nothing will ever get done. without
a glass wall or some such thing the rest of the time, it simply
won't work. Otherwise, I will simply deliver the finished clay
sculptures to the mold maker. That would be simpler and far less
costly for me, but I want you to know I'm willing to spend my
summers in the valley working on the exhibit. One thing for
sure, I can no longer afford to subsidize a studio work area in
~ the valley as I did the previous eight years.
( I
In conjunction with sculpting there, I have been investigating
~ summer housing in the valley. Condos are running 900 a month or
more. As you're aware, I own a nice motor coach (5th wheel
~ system) . Does the Town own a place where I could place it while
'CII working in the summer? Access to water and electricity would be
t necessary (20 or 30 amp). Access to sewer hook-up is not
necessary but would be nice. I would pay for such expenses
~ myself, but thought it sensible to at least investigate this
possibility to save money over renting a condo for $3,600 each
summer.
As an aside, the Chamber of Commerce has sponsored or proposed to
sponsor a resident summer artist in the past, (asking the town of
Fraser to participate in its cost). What is this program, and
would my working on site qualify me as the visiting resident
artist during summers?... and is there a stipend for such a
thing so as to lower my expenses? Seems worth a call by the Town
to investigate this under these circumstances.
All of these things are connected in one degree or another, and I
need to make plans as soon as possible.... no later than the end
. .
of December with respect to housing. Need to know about the resin
sculpture commitment at the same time, as it controls whether I
will even need summer housing. I will assume the maintenance
building will work for clay sculpting if the resin change is
agreed to. My performing the work in the park could be something
for later summers, if at all.
Thanks for letting me know your thoughts as soon as possible,
9
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Jim Hoy
P.o. Box 9046
Grand Junction, Co. 81501
Phone 1800 234 4231, Ext. 55186
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Tel
November 27, 1996
Mayor Jeff Johnston
Mayor
Town of Fraser
153 Fraser Avenue PO Box 120
Fraser, Colorado 80442
Dear Mayor Johnston:
TCI Cablevision of the Rockies, Inc. will be making two changes that I want to make you
aware of: Effective December 31, 1996, we will change our programming line-up in order
to make it more appealing to a broader base of customers and non-customers and, we will
be implementing certain adjustments to our service, installation and equipment charges
effective January 1, 1997.
Among the programming changes we are considering are: the launch of Animal Planet,
Encore Plex, and MSNBC (the new Microsoft/NBC partnership)! To make room for theses
broadly-based. family-orientated networks, we will be dropping WGN.
The service rate adjustments reflect inflation and the increased costs of bringing our
customers many of their favorite cable networks -- just as the networks' costs of obtaining
new and better programming have also increased. The regular example I usually give is
that the more million dollar quarterbacks we have, the more professional teams charge to air
their team playing, and thus the higher the operating costs for ESPNlFox Sports...;
therefore what these programmers charge cable operators for the right to can)' their
programming increases.
,
The way we charge for converters will also change, effective January 1, 1997. Converter
charges are no longer based upon the type of converter a customer uses. Instead, TCI has
chosen to employ the revised FCC rules that permit operators to separate converters into
two categories: customers who subscribe to Basic service only and use a converter to tune
only Basic service will be charged $1.50, and customers who subscribe to more than the
Basic service level will receive monthly converter charge of $3.00.
Also, beginning January 1, 1997, our premium rates will increase by $2.04 for all
customers who receive Starz! or Starz!/Encore packages with up to 1 premium pay service
and $3.04 for those Starz!/Encore packages with more than 1 premium pay services. This
increase is due to the fact that beginning in January, Starz! will have more first-run movies
than any other pay service.
Obviously, these changes are driven from what the financial markets are requiring in terms
of operating efficiency and what customers are requiring in terms of product and service.
Many of the programming costs that cable operators have paid are outweighing there value
in programming which is dictating decision making somewhat different from the past. TCI
is confident that the decisions that are being made will keep us on the cusp of the robust
telecommunications environment.
TCI Cablevlslon of the Area Office An Equal Opportunity Employer
Rockies. Inc. P.Q, Box 439
0140 Metcalf Road
Avon, Colorado 81620
(970) 949-5530
FAX (970) 949-9138
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Naturally we will notify our customers of these changes. Attached is a copy of the revised
rate structure that will go into effect January 1, 1997.
If you have any questions, please do not hesitate to call me direct at 949-5808.
Sincerely,
Fred T. Lutz
General Manager
CC: Council members
. .
RATE INFORMATION
(Effective January 1, 1997)
PREVIOUS NEW
Basic Service
(minimum level of service) $22.40 $23.85
Hourly Service Charge $23.66 $25.00
Unwired Home Installation
(aerial and within 125' of existing cable plant) $35.50 $37.50
Wired Home Installation $23.66 $18.75
Additional Outlet Connection
(at time of initial install) $5.92 $12.50
Additional Outlet Connection
(requiring separate trip) $23.66 $18.75
Move Outlet $23.66 $18.75
UpgradelDowngrade of Optional Services
(no separate trip required) $2.00 $2.00
UpgradelDowngrade of Optional Services
(requiring separate trip) $17.74 $12.50
Remote Control $.13 $.20
Basic Only Equipment * n/a $1.50
Non-Basic Only Equipment n/a $3.00
* Available to customers who subscribe to basic service and use the equipment to tune
basic service only.
Commercial and non-standard installations and other services not listed above will be
charged using the Hourly Service Charge. Rates are exclusive of applicable franchise fees,
FCC User fees and taxes. All prices and services, including programming are subject to
change.
GRANO- -
COIlN'fY BOARD OF COMMISSIONERS
R. L. "DICK" THOMPSON PHONE: 970n25-3347
District I, Winter Park 80482 Fax: 970n25-0100
ROBERT F. "BOB" ANDERSON R. HOWARD MOODY
District II, Granby 80446 County Manager
PAUL J. OHRI ANTHONY J. DICOLA
District III, Kremmllng 80459 County Attorney
MEMO
TO: ALL TOWN MANAGERS
FROM: DA WN L. ROTHSCHILD, COUNTY MAN
DA TE: DECEMBER 5, 1996
RE: COUNTYWIDE GROWTH STUDY
Attached is the proposed schedule and outline for the ongoing Growth Study that we have
received from RNL Design. Please forward a copy to each of your Town Appointees. I
have taken care of sending a copy to the County appointees.
HAVE A GRRRR- REA T
CHRISTMAS
&
A PROSPEROUS AND SAFE NEW YEAR !I'
.
.
P.O. BOX 264 HOT SULPHUR SPRINGS CO 80451-0264
lO:"IJ':"~O JIU;-' l;):.J.' r ..\.\ tC'L Ut.::>ll,.~ :\ rmll1l2
. . - - - -
- - - -
- - - -
- -- --
Grand County Growth Policy , \' . ~'. I.'
I I. l J;,.. \:'
Guidance Report ~ .. . "'" 1",
RNL Annotated Outline l . I I 't" ,'1,1,'" n.~
... Dccember 2, 1996 ,.,ll;r,1lh'I'....
A PI"I...~..llll..11 ("1'....',11..'11 1.1 Hj- . ," .a,. r.:, . . .1''''
1"1." ^I',III.lltl.t' ~Il\\'l I. Introduction
h'\~'-l t )Ull,' ~U"
~)"'l;"\'l I:tllnl.,du 11\1':".. II. Executive Summary of Implementation Actions
DiSCUSSion of the 6 primary implementation tools.
IJI ,ul ';1'; .71j
II ~" t ':Ij~ pn)1 A. All urban level development (all residential (I DUI2Acres maximum], commercial,
and industrial) takes place within town growtb boundary.
1. Zoning text change to allow a maximum of 1 DU/20 Acres outside town growth
boundary and target~d growth areas, (Tabemash and SiJ-ven:reek)
2. Town growth boundaries including zoning text changes in county forestry zone
implemented by town/county IGA.
B. 3-t>.ble Annexation Plan implemented with town/county lOA.
C. Enhanced development review standards. - Design, environmental, natur.\} area
protection, (towns and county)
D. Revise or create open space dedication requiremenl$. (towns and county)
E. Establish permanent open space acquisition fund. (towns and county)
F, Enact adequate public facilities ordinance. (selected towns)
III. General Summary of Issues and Context
A. The descriptions are targeted at the growth issues that are featured in the action plan.
This is going to be a growth issues travelogue starting at the top of Berthoud Pass
and winding through the towns and the county discussing key issues such as open
space, infrastructure, land ownership, etc.
B. Survey Summary
We will summarize the community's anitude towards growth, development
fmancing and implementation tools.
C. Economic Demographic Factors
Executive Summary from demographic and economic reconnaissance report which
will highlight key infonnatioD.
IV. Community Goals (from workshops)
Summary of key goals from county and town visioning workshops.
V. Implementation - Tools and Necessary Code Revisions
A. Overview of the implementation program and expanded description of the 6 key
recommendations.
B. Discussion of each of the tools identified in the implementation matrices.
C. Expanded discussion oftbe policy and code revisions needed to implement the key
retommendations.
ru=r-Cl':l-1 ClClk 1<;;:1AQ Q'7+/ p 01':)
...........'" IIJ~ ......"JU ......;-~ .J' '. . . 't..JI'-
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11.'25.96 }1I)~ 111: 1.11 F.H R~L DESIG~ B ~ 002
. . - -
- - - -
~~ - - -
- -
Grand County ""id
Proposed Schedule ' ~ r I ;: . .' . .
lll'"i! . -II','
RNL :,.. 11'\ !'1. ill:",:
DIIIDII ,:,!I.Jll : :.1
\ I I ..1. .. <I'~. ,I I ". I . t" ,'.' !lld'l \1\ hd, ' I.i"
" r 1IJ ,lil't .: II ~ I I
Phase 3: Annotated Growth Coordinmiol1 Actioll Plan Outline
:,,-,1 '.'Iil. ""I'
,,,,,,,.. I ..I", .d.. .'" ,,' OATF. ^CT.lON
I' i ~.,: !. I I I . Friday. Novemher 22 F irsl drat(
Monday, November 25 Send to county
11 ~,,~ . J II:~:. Wednesday. December 4 Slalr review comment..
Friday, December 6 Finalize
Phase 4: First Draft Action Plan (includes implementalion anJ final code ilnalysis)
fJA TF. ACTlo..~
Friday, January 10 In-house draft
Friday, January 11 first draft
friday, January 24 Stun' comment; conference caU~ fax or
coordinatl.: communiry meetings with
consultants in Dcnwr
Phase 5: Reline Policies
DAlE ACTION
Friday, Jdnllary 3 \ Rev iscd draft
Frida}', February )4 M~eling tu receiw: comments
Phase 6; Implementalion Strategies
DATE ACTIO-t{
{will be complclcd in Phase II and Pha.'ie IV)
Phase 7: Adoption
OATF. ACTION
Friday, February 28 Prodlll;e final dral'l
Friday, March 7 Public ml:etins with elected officials
Phase 8:
llA.I.E. ACTION
Mid-March l;inal document
NOV-25-1996 09:30 P.02
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Headwaters Tl'ails Alliance
P.O. Box 946, Granby, CO 80446
December 26, 1996
Town of Fraser
On December 4, 1996, Grand County approved a contribution of $11,460 to the
Headwaters Trails Alliance (HTA) to help fund a part-time, one-year position
of Trails Development Coordinator.-These funds came from a 1996 Planning
Department Budget item for full-year funding of HT A. Since HT A was only
funded for six months in 1996, upon request Grand County directed the
remainder of these funds to HT A.
As a ~ondition of granting this request, the Board of County Commissioners
asked that HTA petition its other contributing entities for funds budgeted to
HTA but not granted in 1996 (i.e.: the remaining half-year portion). It is in
order to fulfill this condition that we respectfully request the Town of Fraser
to make available to liT A any funds directed to HT A in the 1996 budget that
have not been rewarded.
Since its inception in July 1996, HTA has formed a Board of Directors, drawn
up Articles of Incorporation and Corporate By-Laws, incorporated, and filed
for 501(c)(3) nonprofit recognition. It has also established a grant application
mechanism (and mini-grant application mechanism), sent representatives to
the Colorado Trails Symposium, agreed to become a co-sponsor with the
V.S.D.A. Forest Service in National Public Lands Day, and taken a lead
position in the preliminary steps to build a trail between Fraser and Granby.
In the last several months HT A conducted an applicant search and hired two
, part-time staff persons, a Development Coordinator (one-year position) and a
Operations Coordinator. With the hiring of these staff members, HTA will
move rapidly in fulfilling its role as a countywide, comprehensive trails
organization.
We look forward to t~e job ahead - developing and maintaining a viable
trail system that will serve all Grand County residents and visitors.
~
j'
sm~rel~ .
...,"" ~i ,l--
.' (lerson, President
I
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
December 31, 1996
Cliff Anderson
President
Headwaters Trails Alliance
PO Box 946
Granby, CO 80446
Dear Cliff,
Fraser has been very supportive of trail systems' development. We have an adopted master trails
plan; within the last three years we have constructed and/or paved trails adjacent to US 40, the
Fraser River, and CR 73; and we have made a three year commitment to financially support the
beginnings of the Headwater Trails Alliance. As we have, and continue to make, a substantial
commitment to constructing and maintaining trails in Fraser and in Grand County, we can not
provide any more money to HT A in 1996.
Sincerely,
Q.LL
Chuck Reid
Town Manager
c: Fraser Trustees
Town of Winter Park
Fraser Valley Metropolitan Recreation District
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. .
TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120/153 Fraser Avenue
Fraser, Colorado 80442
(970) 726.5491
FAX LIne: (970) 726.5518
TOWN BOARD AGENDA
REGULAR MEETING
MARCH 5, 1997,7:30 p.m.
I. Roll call
2. Approval of2/19/97 minutes
3. Open Forum
4. Chamber of Commerce update, Catherine Ross
5. 8:00 p.m. Public Hearing: Proposed amendments to Fraser's Zoning Code regarding
business and commercial development in Fraser.
6. Action Items
6.a. Resolution 3-1-97, a resolution accepting a gift from Colorado
Community First State Bank and directing that said gift be held in escrow
until a non-profit Community Development Corporation can be formed.
6.b. Ordinance 233, an Ordinance amending Section 12 of the Fraser
Municipal Code relating to business and commercial development.
7. DiSCU~ltems
7. Proposed Amendments to Fraser Ordinances and Resolutions governing
Fraser's Municipal Water System.
Ei1 Floodway mapping discussion.
6. Staff Choice 6fl.ecu.Jo (f, it~ itrl\
7. Board Member's Choice
Upcoming Meetings
March 19th: Town Board Regular Meeting
March 26th: Planning Commission Regular Meeting
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oc. . ..
TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 /153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726.5518
Manager's Briefing, 2/28/97
Action Items
We'll try again to accept a gift derived from Colorado Community First's sale of the Village at
Winter Park Ranch property. As a reminder, The Bank's gift is not actually for the Town -- it is
intended for an as-of-yet unformed Community Development Corporation (CDC) and the Bank
is asking that the Town hold the $200,000 in escrow until the CDC is formed. Upon formation
of the non-profit CDC (which will include the adoption of bylaws and the appointment ofa
Board of Directors) the Town will be required to transfer this $200,000 to the CDC. All costs
associated with the CDC would be paid from the $200,000.
We also have a public hearing scheduled at 8:00 to consider amendments to Section 12 of
Fraser's Municipal Code (or more simply, the zoning code). The amendments adopt design
criteria suggestions and simplify the' review process. In order to save trees, we did not include a
COllY of the proposed ordinance as it was in the last packet. Adoption of the amendments is
scheduled as an action item after the public hearing.
Discussion Items
I'd like to talk with y'alI about two ways in which weican amend ordinances and resolutions that
will change the operation our water system. We can ~dopt a short ordinance that will change the
"tap" tees immediately or we can spend some more time and overhaul Section 8 of the
Municipal Code (or, more simply, the water code). Enclosed are two proposed ordinances that
we can use as a springboard for discussion -- we'll tall< more about these on Wednesday.
Catherine and I would also like additional direction oh the Town's Floodplain Ordinance: see the
background information and memo from Catherine for details.
See you Wednesday!
"
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~' U 1;":
i: I . ~
. ",1
I f I
, ,~
;, i'
,
[1:
:1;
TOWN BOARD :!;',
FEBRUARY 19, 1991 !H
, "
i', '
The regular tneeti.tlg of'tlteTown Board was ca11ed to orciet at 7:30 p.m. Board present
wete Mayor JohnstOn, Swattell, Sanders, WIrSing, Havens and Ktancke. Also presehtWet~
Reid, Skelton and Wmtet. " , I . '"
I' ' , "
, , ,
L' , :'
Minutes of the 21S/91I1leeting were approved as written. ,
11
i:
1\"
::
OPEN FolttJM
I , Jetty Orbanquestiol1ed the Three !vfile Plan and had comments obthe GroWth Plan." " ii'
i OrbanaJso has suggestions for the Denver Water Board properties getting them, on tlte~
roles etc. Several other proPerly owners out side of Fraset cotmri.ented onth~ threelffite
plan and the gro~ study implications to their property. I : i:
~ ! .
[::,;
ACTION ITEMS ; "
l :t:
"
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I, Community First Bank dodatlon tabled.
!j Resotutlon 2-2-97 :
I' I ~ ~:
:\
[ji : :{'
i,: Havens made a motion to adbpt Resolution No. 2~2-97 accepting a gift of' IJt6ckfrom Wtt :
~ ! i
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1'1 Gold, with the deletion of atJ.Y reference to trattsfetring the money to the COrhinunity:: :
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!'j . Development Corp.. ~heri. it ~ formed, motiort 2nd by Klallcke, catrled. : , ',I ! Ii
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Ii' RESOLUTIONS REGARDING EXTENSION OF TIME FOR REVIEW OF ntE
II
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I PROPOSED MARYVALE METRO. DIS't"S. ,
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,: Reid submitted severall'esol11tions to be cortsidered with regards to either extending the:',
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il: deadline for the town's review of the proposed Maryvate Metro. Districts ot-denying 1h~' ,
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i Districts. Reid, McGowttn and speciat consultant for the ToWn have reviewe4 the , ' ':1:
t: infonnation submitted toda~, but before any fwther review ,is .dohe the To~. must ~t Ii
11 this 'work by approving mt utended time fraine, and Maryvatemtt need to ~u~mitfuotd.l ),1
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I.j info~ation. Board asked w~enMaJYVale woUld be able to submit further~otn1ation.:l! ,;".,.1
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iI: : i They stated thatitcbuld be~eived within the next 60 days. Reid hatt~: q* ,_ statwtrr i, .:!
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ii' sheet of progress for ,this project Havens ,made a motion to hold a brief ex~utiveseSiiC1p.,
ii,
:fi - regarding this matter, 2nd 'Wirsing, canied. Sanders made a motion to com~ 'Out or I ::i, < '
'11
Ii' executive session, 2nd Ktancke. ,I , '; j ,I i 'Ii!
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II Ktattcke made amotion approving Resolution 2-3-97 extending the dead1in~until Sept's,
:Ii 1991 for the teview.ofthe Ptoposed Residential Metro. Disl, and a~ a humber 4. Ii: . '
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I Sta~ tWtt aJ1 ~tMS .~lIa~btttttl wttlt. tttl' ftl'liI.,lUtttm tJl' puttl WI' by Mat=Yvattf~ ~tl 8WBMt1l,
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W"ttSing made a mokobto approve Resolution No. 2-4-97 extending the tJeadlitte imW}:
Sept S, 1997 for theteview .()f the Commercial Metro. District; adding NUl 41 stating t1iat
a11 Cbsts associated With the Resolution be paid for by Maryvate, 2nd Havens, : eamed.,:ijl;.
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Havens made it motibnapProWtg Resolution 2"S-p7 aPProving the tease ~h3se of~~,. I':
Komotuso loader, 4d KlanQke, canied.: 'i " ' !:,:I" J ..:
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Havens made at blojibtt approving the purchase of a used dUtll]1 trUck With .1s' snoW f>qx,!,
not to exceed $g2, 129 motiOn 2nd SwatzeJl, catrled. . , I : i . 'j'[L\
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DISCUSSION ITEMS ! , ii', I 'i '. , ~'!'
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Skelton reviewed ~~ Pt:oposed Zoning amendments to the BUsinesS regwati~ and ' ii", ,1,';' ,',:'
perfonnance ZoniItgrequkements. The Ordinance will be set fot Match ~ at. 8:00 p.~ ,fot ','
Pub"iic heiant'lo., ;, ' ill' il !.: " i, (I:,; ...,.'
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Purchase of . A28u still being pursued. '" ! ,! I; 'i::' j '. L
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Discussion on the ~b~ivisi~ exe~pti,on for the Urban transferee: w~ llisc~sM. ,~.,' ii!"I;:,!>,[ ,'I
monilittentscat1,tto~b7,ptaced at this time of the year the .sut\1eYot wiUn~t.~ off~n~e",!I,k'i!~:.!f i .,,1,
Plat: . MaryVale qu,stiotted if the plat could be recorded In any case andesct()wmOlle)f:lfor !":1;:' '\,:f! i L
the ~1acenletlt ofth~:D!ort~ents when t~e weather pennits. ,theTowitAttotbeyWifi,~~Jl!t.,):"ln :II},
:::::n:;d r~dittg', but Plannmg and tpwn Board will meet ~Ff~' 16tbmlll',)Jl,,:t ,,;'1!1!: [i)
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Reid reviewed that ~e feducing valveS would need to be placed on aU, midentJsj ~~j:,i:~ :1::'\ ' 1,)
except fot the uppetPtg..area,1n order to accompUsh the maxtmum flow Of the system.:i:i!:"[!!,'ri ii,,:
This, is difIerent~ Otiginalty tho~t and the price t~ accomplish this \V~M~:be aPf*~;i;,~:'1)ri'i:!ld'
$31 per household,iOstaIledat the time the. meters are instaltedl' 'Boardapp~dVed this ~j, ....' (I; i: I.
expenditure. . Costs :associatM with this will be built into either tap f~.or,~~ ~.:!li~,'f!, ).' I'
Staffwill have recohunendations at a later date. . ' i' :;1",':" 1:1'11' ,': I j lill : J' j 1 1;:,1 i ~I'
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Major Johnston is grving at ,presentation on the materials gathered, with the, I ' ,torica1,~t: : ':: 'f: d,
attheCMLmeetl..... ':', , 'I": 1 , '1:, " " I,
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Reid will be preparittg and keeping status sheets on the larger projects. :,: i'l 'I ::' . ; ,
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Reid has a packet from CMt regarding all of the introduced Legislative billsif' anyone ~
itd:erested in reviewirls this. " :.' "j 1 .! I.
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March .1Oth is! abreaktut meeting with aUf UgWatcm1 if anycme waulct lib t~ Att~. i:,.:
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' ~, i ' Skelton, attended It lotS computer mapping session at the County., Grand CoUttty wout~ like ",.:
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jP to purchase this prt>gram. Skelton would like to see the Town have ~ccess to this kind',of,(>
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" pro&fam as We. ,! , I;", ," ,:. '
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I\" Ha:vens nlade a,motion to renew the Liquor Licertse for Fraser QUick stop, 2nd SitttdeH,i
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111 Havens tnade amotion. to renew the liquor Licerise for Bottle Pass Liquot;,2rtd San.
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~ i Havens ntade It motion. to go into executive session to discuss property putthlse ' , .:
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" negotiations, 2nd S~atzen, ~ed. I ,! c 'i !1.(
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I, HaVens iriade a,itttiHotito ~hase an easement from the BtlttortSfor,tbclFtberRlvef,tt8i1<
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I,' No fbrther bbsme~! ftt~ting adjourned at 10:50 p.m,'1i,liit'i:i
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1 . .
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TOWN OF FRASER
ORDINANCE NO.
AN ORDINANCE ADOPTING AMENDMENTS TO THE ZONING REGULATIONS AND
RESTRICTIONS OF THE TOWN OF FRASER AND MAKING CONFORMING AMENDMENTS TO
THE CODE OF THE TOWN OF FRASER, WHICH AMONG OTHER THINGS, AMENDS THE
PERFORMANCE ZONING STANDARDS WITHIN THE BUSINESS DISTRICT OF THE TOWN,
MODIFIES THE PROCESS FOR REVIEW AND APPROVAL OF PROJECTS WITHIN SAID
DISTRICT, AND ADOPTS PERFORMANCE ZONING STANDARDS AND REQUIRES REVIEW OF
DEVELOPMENT PROPOSALS AND ISSUANCE OF DEVELOPMENT PERMITS FOR
DEVELOPMENT IN ALL MIXED USE, ACCOMODA TION, LODGING, AND COMMERCIAL
ZONED PLANNING AREAS IN ALL PLANNED DEVELOPMENT DISTRICTS (POD).
WHEREAS, the Town of Fraser has determined that amendments to the Fraser zoning regulations
are necessary in order to preserve the historic and mountain character of the community; and
WHEREAS, the Town of Fraser has detennined that the perfonnance zoning standards in the B-
Business district should be applied to all Mixed Use, Accomodation. Lodging, and Commercial Zoned
Planning Areas in all Planned Development Districts (PDD); and
WHEREAS, the Town of Fraser has detennined that amendments to the Fraser zoning regulations
were duly referred to the Fraser Planning Commission which favorably recommended the amendments to
the Board of Trustees; and
WHEREAS, a public hearing on such amendments was held by the Board of Trustees of the
Town of Fraser, Colorado, pursuant to Section 31-23-304, Colorado Revised Statutes, as amended, and
the Code ofthe Town of Fraser; and
WHEREAS, the Board of Trustees finds and determines that the proposed amendments are in the
best interests of the public health, safety and welfare of the citizens, residents and taxpayers ofthe Town
of Fraser; and that all applicable requirements of the Code of the Town of Fraser and Colorado Revised
Statutes have been met with respect to the adoption of said amendments.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF TOWN CODE. The Code of the Town of Fraser, Colorado (herein
sometimes referred to as the "Town Code") is hereby amended as follows:
1.1 Section I 3-3-8.Subsection (1) Pennits Required for Development of the Town Code is amended
in its entirety to read as follows:
(1) Permits Reauired for Development.
Preservation and enhancement of the Fraser Business District and all Mixed Use, Accomodation, Lodging,
and Commercial Zoned Planning Areas in all Planned Development Districts (PDD) are critical to the
community. It shall be unlawful for any person to undertake, conduct or use, or cause to be undertaken,
conducted or used, any development within the Business District or within any Mixed Use,
Accomodation, Lodging, and Commercial Zoned Planning Areas in all Planned Development Districts
without complying with the provisions of these regulations and obtaining a development pennit.
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1.2 Section 13.3-8.Subsection (5) Business District Development Permit Process ofthe Town Code is
amended in its entirety to read as follows:
(5) Business District Development Permit Process.
All applications for development permits within the Business District and within any Mixed Use,
Accomodation, Lodging, and Commercial Zoned Planning Areas in all Planned Development Districts
(PDD) shall be reviewed and action taken in accordance with the provisions of these regulations.
(A) STAFF OR PLANNING COMMISSION REVIEW AND ACTION:
Most proposals must be reviewed at least one time by the Planning Commission before final approval is
granted. In some instances when the impact of a project will be minimal, Town StafT will be able to grant
approval without Plmming Commission review. 'Projects are either classified as Minor or Major Proposals
as indicated below,
Minor Proposals:
. Modifications to existing development permits.
. Single family structures.
. Duplex and Triplex residential structures.
. Additions to single family and duplex structures equal or greater in size than 25% ofthe square
footage of the existing structure.
. Changes of use.
. Temporary structures, events, or uses.
. Additions to commercial, oflice, or industrial structures of less than 25% of the size or the existing
structure.
. M~or site work, landscaping, grading, and utility installations, or any of these activities located within
environmentally sensitive areas.
Major Proposals:
. Residential uses which include four units or more.
. Lodging and hotel uses.
. Bed and Breakfasts, and boarding houses.
. Commercial, office, and industrial uses, and additions greater than 25% of the size of the existing
structure.
(D) PROCESS:
Work session: Prior to submittal of any application for a development pennit, the applicant shall meet
with Town Staff in order to acquaint the Town with the applicant's intentions, and to acquaint the
applicant with the requirements of the Town. Discussing a proposal with Town StatTis critical to a
successful project and to expedite the review process.
Avplication: No later than 14 days preceding the Planning Commission hearing, the applicant shall
submit an application, and specified fee, to the Town for review and consideration. Applications not
drawn to scale, incomplete, or submitted after the appropriate deadlines wilt cause delays in the review
process. Ten (10) copies of all submitted Ilmtetiats are required, All applications tor a development
pennit shall include the following:
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1 . .
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MINOR PROPOSALS:
a. Site plan, including building footprint, parking, and snow storage, preferred scale 1"=20'.
b. Building elevations, prefened scale 114"=1'.
c. Building floor plan, prefened scale 1/4"=1'.
d. Drainage plan
e. Utility plan, preferred scale of 1/4"=1'.
f. Landscaping plan, preferred scale of 1"=20'.
MAJOR PROPOSALS:
ft. Site p~an, prefened scale ]"=20', indicating the general site design of the proposal,
including all existing and proposed improvements and building footprints. The site plan shall
provide adequate details to evaluate the traffic circulation, parking, snow storage, building
footprints, fences, loading points, refuse container locations, public rights-of-ways, and all
existing and proposed easements.
b. Building elevations, preferred scale 1/4"=1', of the proposed structure(s) showing: existing
ground surfaces, top of foundation, floor elevations, roof line. and any rooftop mechanical
units proposed.
c. Building floor plan, prefened scale of 114"=1 '.
d. Drainage plan, including: an estimate and direction of existing and anticipated storm water
and snow storage runoff flows, all shllctures required to mitigate the anticipated impacts, drainage
facilities, finished grade. Silt catch and/or detention basins may be required at the discretion of
the Planning Commission.
e. Grading plan with existing and proposed topography,
f. Utility plan, prefened scale of 114"=1', including ofT-site connections.
g. Landscaping plan, prefened scale of 1" =20', including: property lines, existing and
proposed structures, existing natural features, location, species, quantity, and size of
landscape materials to be planted, and method of irrigation.
h. Proof of ownership.
i. Color and building samples of all exterior materials (one set).
711e applicam may also submit any supplememal materials that theyfeelwill accurately depict the
proposed project. Additional materials mayal.w be required at the discretion oIthe 1'011'11.
(C) PROJECT REVIEW AND COMPLIANCE:
Town staff shall detemline whether the application submitted is complete. If the application is complete, a
final hearing shall be scheduled. Ifthe application is not complete, the applicmlt shall be advised of the
deficiencies.
(D) FINAL HEARING:
Not more than sixty (60) days after a complete application has been submitted, the Planning Commission
shaJI hold a hearing and review the application for compliance with the development policies established
in these regulations.
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(E) DECISION:
The Planning Commission shall have thirty (30) days after the conclusion ofthe hearing to make a
decision.
The Planning Commission may continue a hearing to allow a more comprehensive review of the project
for a period not to exceed thirty (30) days.
If the proposed development complies with all applicable absolute policies (subject to a variance) and is
allocated zero or a net positive number of points for the relative policies, the Planning Commission shall
approve, or approve with conditions, the proposed development.
If the proposed development does not comply with all applicable absolute policies or is allocated a net
negative number of points for the relative policies, or if the applicant will not agree to comply with the
specified conditions, the Planning Commission shall deny the application.
If the original application is denied by the Planning Commission, the Town shall allow the applicant to
modity the plan and return for an additional hearing. If, after a second hearing, the project still does not
comply with all applicable absolute policies and receives a net negative number of points for the relative
policies, then the Planning Commission shall deny the development permit. No project previously denied
shall be resubmitted within six (6) months of denial unless it has been modi fed to meet the requirements
of these regulations.
Once a project is approved, any changes must be reviewed by Town Staff, and may require Planning
Commission approval.
1.3 Section 13-3-8. Subsection (8) Business District Development Policies of the Town Code is
amended in its entirety to read as follows:
lA. USES (Absolute)
It is the policy of the Town of Fraser to prohibit uses within the Business District and within any Mixed
Use, Accomodation, [,odging, and Commercial Zoned Planning Areas in all Planned Development
Districts (POD) that due to the nature of their ooeration have heen detennined to be incolllnJltible with
... ., .
existi~g uses in the districts, Uses prohibited are:
A. Mineral extraction and processing operations,
B Salvage yards <)f a,ny va.ri~ty.
C. Rendering plants and operatIons.
D. Livestock-operations, excluding small horse or cattle boardirtg lots, or paslutesCulTently
located within the Town.
~, M~chf1njGal Wa~tewater Tr~~tment F~'ti1ities
F. Chemical manufacturing. or storage.
O. Hazardous' waste operations.
lB. USES (Relative)
Possible points 4 X (-4. to +2)
It is the policy of the 'f own of haser to promote year round and seasonai commerciai deveiopmems that
are compatible with existm~ retail and service commercial uses, Accessory reSIdentIal units WIthin
commercial structures are strongly encouraged.
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2. DESIGN GUIDELINES (Relative)
Possible points 5 x (-2 to +2)
It is the policy ofthe Town of Fraser to encourage building designs and materials to be architecturally
compatible with the historic and natural characteristics of Fraser. To accomplish tIus goal, new
development is encouraged to meet a majority of the foJlowing design guidelines:
BuUdinl! Elements and Materials:
. False front facades capped by the use of a comice element are desirable.
. Porches with wooden posts, or columns, or functional awnings should be incorporated into the
building design. All porches and awnings should have an eight (8) foot minimum clearance.
. Building materials shall be compatible and in hanTIony with the natural setting of Fraser. nle use of
natural stone masonry, exposed wood structural beams, logs, heavy timbers, stucco and masonry are
all acceptable materials. The use of natural stone masonry as a foundation up to a height of at least
36" is encouraged.
. The back of a building must have the same overall design as the front of a building.
Mass:
. The mass of the building should be compatible to adjacent buildings.
Roof Elements and Desil!n:
. Pitched roofs with false front facades are desirable.
. Where pitched roofs are used, they shaH 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. Long unintelTupted
exterior walls and/or roof lines should be avoided.
Colors:
. Colors of buildings should predominately be natm'al colors and stains. Bright colors should be
reserved for trim., etc.
Windows:
. Display windows on the first floor should face the primary street frontage and provide visual interest.
3. SITE DESIGN (Relative)
Possible Points 4 x (-2 to +2)
The Town hereby finds that it is in the public interest for all development sites to be designed, and
developed in a safe, efficient, and aesthetically pleasing manner. TIle alTangement of all functions, lIses,
and improvements should reflect the natural characteristics and limitations of the site, and adjacent
property. Specific site design elements that should be considered include:
BuUdinl! Orientation:
. Buildings should be oriented paraJlel to the primary sft-eet front. A skewed building orientation should
be avoided.
Pedestrian Orientation and Amenities:
. The site should be laid out in a manner that reinforces the pedestrian orientation of the neighborhood.
. Benches and other pedestrian elements are encouraged.
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Natural Features:
. It is necessary to preserve as much of the exis . ng natural features and vegetation on the site as
possible. The proposed development shaH m nimize the visual destmction of natural land foOlls
caused by cutting, filling, grading, or vegetali n removal.
4. HEIGHT (Absolute)
It is the policy of the Town of Fraser that no buil ings within the Business District and within any Mixed
Use, Accomodation, Lodging, and Commercial Z ned Planning Areas in all Planned Development
Districts (POD) shall exceed 35 feet in height.
5. PLACEl\-IENT OF STRUCTURES (A solute)
All residential structures shall have a minimum fr nt yard of twenty (20) feet, a minimum side yard of
seven (7) feet, and a minimum rear yard of ten (11 ) feet.
6. STREAM SETBACKS (Absolute)
A minimum 30 foot wide strip of land measured orizontally from the mean identifiable high water mark
on each side of a watercourse shall be preserved I' use as open space, landscaping, etc. A greater setback
of up to a total of 150 feet may be required at the discretion of the Planning Commission.
7. SNOW MANAGEMENT (Absolute)
Snow management is critical in Fraser's mountain climate. Roofs should be designed to either hold snow,
or shed snow in appropriate areas. Buildings mus' be setback from the property line to accommodate
snow shedding, or a snow storage easement ii'om he adjacent property owner must be provided, Use of
snow guards and protected entries in high risk are s is encouraged.
Adequate space shall be provided within the deve opment for the storage of snow. It is required that a
functional snow storage area. be provided which i equal to at least 33% of the area to be cleared of snow.
Specific areas to be cleared shall include the full imensions of roadways, walkways, and parking areas,
Snow storage areas shall be designed so that sno Is not stored in a manner where, when melting, it
directly discharges into any watercourses, streets, edestrian and/or bicycle pathways. Slit catch and/or
detention basins may be required at the discretion of the Planning Commission.
8. STORAGE (Relative)
Possible points: 2 x (-2 to +2)
All developments are encouraged to provide ampl storage areas. Storage areas shall include storage
space for vehicles, equipment and goods.
9. REFUSE AND SERVICE AREAS (Ab olute)
All trash areas shall be easily a.ccessible by trash collection vehicles and screened from public view by
either landscaping or a fence that is architecturall compatible with the development. Unsightly
mechanical and electrical equipment, and all servi e areas shall also be screened from public view.
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10. EXTERNAL CIRCULATION (Absol te)
Vehicular Circulation: The type, anangement, location, and size of all roadways shall be in compliance
with the standards found in the Fraser Subdivisio Regulations. Where new developments abut a public
right-of-way that does not meet the existing Tow street standards, it shall be the responsibility of the
developer to improve the public right-of-way in ompliance with Town standards including, but not
limited to, the dedication of additional right-of- ay and easetnents, paving of so'eets, installation of curbs,
gutters, drainage, lighting, signage, sidewalks, p estrian, and bicycle pathways, When a change of use is
proposed contiguous to an existing street, street i nprovements llIay be required at the discretion of the
Planning Commission. If street improvements ar not required, the project must meet all other provisions
of this section.
In.....slE.....s: Access inlo commercial proj~CI shan he limited in o,der 10 leduce conflicls be.wceo
pedestrians and automobiles. The provision 0 t 0 vehicular access/egress points may be required at the
discretion of the Planning Commission, Acces nto the State highway is controlled by the Colorado
Department of Transportation and requires a p n it from this agency.
Pedestrian/Bicvcle Circulation: Developme t d installation of pedestrian and bicycle pathways are
required, TIlis will include the provision of sid , alks and pedestrian or bicycle pathways adjacent to the
site necessaty to tie into existing and proposed r il systems. Pedestrian and bicycle paths shall be in
compliance with Ihe sland.nls lound in .he Fro 1 Subdivision Regnlatioos.
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llA. PARKING (Absolute)
Number of Spaces: TIle number of pat' king s a es shall be provided as required by Section 13-8-12 of
the Fraser Municipal Code, with the exception h t the Planning Commission may reduce the number of
required spaces by up to 20% when parking is rtvided in common for mOle dlan oue business.
Size: For parking lots with less than ten (10) pring spaces, the parking spaces shall be 1 0'x20', except
for haudicapped spaces which shall be 14' x20' [r patkiug lols with leu (10) or more parking space~
80% of the required spaces shall be at lO'x20', wile the remainder of the spaces may be reduced to
9'xJ8'.
Landscapin2: For parking lots with ten (10) 0 I tore parking spaces, the use offences, hedges, earthen
boons, or other appropriate latldscaping feature pproved by the Planning Commission is required to
minimize the visual impact of large paved surf: c s, Prefel1'ed landscaping shall contain a strip of land at
least five (5) feet in width landscaped with a co 11 ination of trees and shrubs. The landscaped area shall
contain trees at a ratio of one (I) tree per fiflee ( 5) linear feet, with the trees being a minimum of six (6)
feet in height.
Pavin2: All parking areas and driveways shall paved with either asphalt, concrete, or other acceptable
hard surface material meeting Town standards.
Lil!htinl!: All parking areas shall provide light n , Light fixtures and poles shaH be compatible with the
architectural character of the community, and sl a 1 not be greater than 20 feet in height. The light shall
only be directed on-site, and shaH have a maxil u n wattage of no greater than 175 watts.
Maintenance: All improvements made to the 'king lot, driveways and access roads, including signage,
lighting and all other improvements approved a component of tbe project shall be maintained in a safe
manner that meets the intent of the original pen i, Maintenance shall include repairing potholes and
resurfacing the parking lot.
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ltD. PARKING (Relative)
Possible points: 4 x ("2 to +2)
It is encouraged that each development design th ir parking in a manner that exceeds the minimum
requirements ofthe Town. The Town will evalu te the implementation of this policy based on how well
the application meets the following criteria:
Orientation and Location: Parking tots should e located behind buildings, or on the side of buildings
and screened from public view by the use of fen es, hedges, earthen berms, or other appropriate
landscaping features approved by the Planning C mmission. Large parking lots should be broken up
through the use of landscaped islands which can Iso be used for snow storage in winter.
Joint Parkine Facilities: The utilization of joi parking facilities to minimize the proliferation of
parking areas is encouraged.
12A. LANDSCAPING (Absolute)
l1te Town finds that it is in the public interest fo all developments to provide landscape improvements for
the purpose of complimenting the natural envirOl ment, and improving the aesthetic appearance of the
community.
All plantings shall be maintained in a healthy, an attractive condition. Maintenance shall include:
watering, weeding, cleaning, pruning, trimming, d cultivating. Landscaping structural features such as
Hmcing, planter boxes, etc" shall be maintained i a sound structural and attractive condition.
All parking lots, and commercial storage and ser ice areas shall be screened fi.om adjacent residential
property by the use of landscaping, benning, fen es, or a combination of landscaping and other structural
features approved by the Planning Commission. Preferred landscaping shall contain a strip of land at least
five (5) feet in width landscaped with a combina 'on of trees and shrubs. The landscaped area shall
contain trees at a ratio of one (l) tree per fifteen 15) linear feet, with the trees being a minimmn of six (6)
feet in height.
All surface areas that will not be a hard surface sl1lall be revegetated with adequate ground cover approved
by the Planning Commission.
128. LANDSCAPING (Relative)
Possible points: 4 x ("2 to +2)
All developments are strongly encouraged to ma e landscaping improvements which contribute to the
objective of providing a more attractive commun ty. Preferred landscaping shall contain a strip of land at
least five (5) feet in width landscaped with a co bination of trees and shrubs. The landscaped area shall
contain trees at a ratio of one ( I) tree per fifteen 15) linear feet, with the trees being a minimum of six (6)
feet in height.
13. TRANSIT (Relative)
Possible points: 3 x (-1 to +2)
The inclusion of or the contribution to a permane It non-auto oriented transit system, designed to facilitate
the movement of persons to and from Fraser or, ithin the Town is strongly encouraged. Encouraged
improvements include the provision of additiona bus stops, improvements to bus stops including benches,
signage, lighting, landscaping, shelters, or other ppropriate improvements.
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14. LOADING (Relative)
Possible points: 2 x (-2 to +2)
Loading areas shall be constructed that provide adequate space for the loading and unloading of persons,
materials, and goods in relationship to the needs and requirements of the project.
15. UTILITIES/CONSTRUCTION ACTIVITIES (Absolute)
Water: If water service is required, it shall be provided in confollnance with Section 13.3.I.E. of the
Fraser Town Code.
Sewer: All developments shall be served by adequately sized and constructed sewer systems,
Undere:round Utilities: All utility lines, on and off-site, shaH be placed undergrolUld. Transfonners or
connection boxes may be located above ground when adequately screened with planting material.
Surface Disruptions and Rehabilitation: All roadway surface disruptions shall be restored to original,
or an improved condition.
16. DRAINAGE (Absolute)
It shall be the responsibility of the applicant to provide drainage improvements. The applicant shall
provide engineered data, sufficient to indicate tbat the drainage from the proposed development will not
adversely affect any downstream propel1ies or the community as a whole, aDd shall design and install all
drainage improvements in comtiance witb Section 6-6-1 and 6-6-2 of the Town of Fraser Subdivision
Regulations. Silt catch and/or etention basins may be required at the discretion of the Planning
Commission.
17. WATER QUALITY (Absolute)
The developer shall show evidence and plans to ensure that the proposed development will not result in
the degradation of any watercourse. This condition shall apply to both the proposed construction activities
as well as the ultimate use of the land. Items such as percolation pits, settling ponds, infiltration galleries,
sand traps, grassed waterways, and the maintenance of these items shall be addressed and resolved prior to
issuance of a building pennit. Direct discharge into any watercourse is prohibited.
18. EROSION CONTROL (Absolute)
Erosion control plans are required tor all developments on sensitive sites. All drainage from the site
during construction must go through an erosion control device.
19. FLOOD PLAINS (Absolute)
For any developments located within the 100 year flood plain, a plan of on-site flood prevention, control
and hazard mitigation shall be prepared and implemented according to the provisions of the Town.
20. GEOLOGICAL HAZARDS (Relative)
Possible points: 2 x (0 to +2)
Developments proposed for suspected geological hazard areas should be designed or reviewed hy a
qualified professional geologist and all negative impacts should be mitigated.
21. ENERGY CONSERVATION (Relative)
Possible points: 2 x (0 to +2)
The implementation and operation of systems or devices which provide an effective means of renewable
energy 8J'e encouraged.
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22. DISABILITY STANDARDS (Relative)
Possible points: 2 x (0 to +2)
It is encouraged that all structures and circulation systems be designed in a manner that provides access for
individuals with physical disabilities over and above those required by the Unifonn Building Code and
Americans for Disabilities Act.
23. INFORMATIONAL SIGNAGE (Absolute)
It shall be the responsibility of the developer to install all necessary infonnational signage including
directional signs, emergency signs, signs relating to safety, signs designating handicapped parking spaces,
and all other signs necessmy to meet the needs of the Town.
24. PUBLIC TELEPHONES (Relative)
Possible points: 2 x (0 to + I)
It is encouraged that all commercial and lodging developments install a pay phone.
25. MINIMUM LOT SIZE (Absolute)
No development shall be placed on a lot containing less than 5,000 square feet, except in those instances
where the lot was an existing lot as of the date of adoption of this Ordinance #210 of the Town of Fraser.
26. AIR QUALITY (Absolute)
The installation of wood burning appliances must meet the regulations established in Article 7-8 of the
Fraser Town Code, The installation of coal bwning appliances is prohibited.
27. RESIDENT HOUSING (Relative)
Possible points: 4 x (-2 to +2)
It is the policy of the town to encourage the construction of resident housing. The creation of resident
housing is critical to the health, safety and welfare of the community. In commercial or office projects. it
is encouraged that resident housing be provided on the second floor.
PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser
covering the same matters as enacted in this Ordinance are hereby repeated and all ordinances or parts of
ordinances inconsistent with the provisions of this ordinance are hereby repeated; 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 anyone or more sections, subsections, sentences, clauses and phrases thereof be declared
invalid or unconstitutional.
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PART 4: EFFECTIVE DATE: This Ordinance shall take effect thirty (30) days after passage,
adoption and publication thereof as provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND
SIGNED THIS day of March ,1997
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY:
A TIEST:
Virginia Winter, Town Clerk
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TOWN OF FRASER
ITEM STATUS SHEET
Item: Amendments to Town of Fraser ordinances affecting operation of the Fraser Water
System.
Genesis/Background: Fraser's ordinances that govern operation of the Town's water system
date from 1978 to 1994. Recent changes in operations of the water system and in the
administration of Plant Investment ("tap") Fees require amending some, if not all, of these
Ordinances.
Community Goal: Health, Safety, and Welfare
Action Status:
1115/97: The Town Board discussed proposed changes to the Town's water meter policy which
will result in the adoption of a new ordinance and/or resolution which will change, among other
things, the Town's Water Plant Investment Fee (tap fee).
3/5/97: Further discussion on the pending ordinance/resolution changes.
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TOWN OF FRASER
ORDINANCE NO.
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AN ORDINANCE REPEALING TOWN OF FRASER ORDINANCES 75, 80, 86, 93, AND 127
OF THE TOWN OF FRASER ENTITLED" AN ORD~INANCE ADOPTING TERMS AND
CONDITIONS CONCERNING THE OPERATION Of THE WATER SYSTEM OF THE
TOWN OF FRASER, COLORADO, THE SALE OF TREATED WATER TO BE USED ON
PROPERTY SITUATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF FRASER,
THE ESTABLISHMENT OF RATES, FEES, AND CHARGES FOR OBTAINING WATER
FROM THE TOWN AND FOR FIRE PROTECTION SERVICE, AND PROVIDING
PENAL TIES FOR THE VIOLA nON OF THE CONDITIONS OF THIS ORDINANCE." AND
REPEALING TOWN OF FRASER ORDINANCE 205, ENTITLED "AN ORDINANCE
REQUIRING THE INSTALLATION OF WATER METERS FOR ALL NEW CONNECTIONS
WITHIN THE TOWN OF FRASER; PROVIDING FOR THE MAINTENANCE OF AND
ACCESS TO SUCH WATER METERS; AMENDING THE PROVISIONS FOR PAYMENT
OF FEES FOR FIRE PROTECTION SERVICE; AND MAKING CONFORMING
AMENDMENTS TO THE CODE OF THE TOWN Or FRASER."
WHEREAS, the Town of Fraser has codified its water system operations by a series of
Ordinances adopted from 1978 to 1994; and
WHEREAS, Fraser is interested in compiling all of these Ordinances into one comprehensive
Ordinance that governs the terms and conditions concerning the operation of the town's water
system, the sale of treated water to be used on property situated within the corporate limits of the
Town, the establishment ofrates, fees, and charges for obtaining water from the Town and for
fire protection service, the installation of ,vater meters, and providing penalties for the violation
of the conditions of these Ordinances; and
WHEREAS, proposed Ordinance _ witt, upon adQption, place the terms and conditions of
all the above referenced Ordinances into one comprehensive Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO:
1) That Ordinances 75,80,86,93, and t27, entitled "AN ORDINANCE ADOPTING
TERMS AND CONDITIONS CONCERNING THE OPERA nON OF THE WATER
SYSTEM OF THE TOWN OF FRASER, COLORADO, THE SALE OF TREATED
WATER TO BE USED ON PROPERTY SITUATED WITHIN TI-IE CORPORATE
LIMITS OF THE TOWN OF FRASER, THE EST ABLlSHMENT OF RATES, FEES,
AND CHARGES FOR OBTAINING WATER FROM THE TOWN AND FOR FIRE
PROTECTION SERVICE, AND PROVIDING PENAL TIES FOR THE VIOLATION OF
THE CONDITIONS OF THIS ORDINANCE." are hereby repeated.
) , . .
2) That Ordinance 205, entitled "AN ORDINANCE REQUIRING THE
INST ALLA TION OF WATER METERS FOR ALL NEW CONNECTIONS WITHIN
THE TOWN OF FRASER; PROVIDING FOR THE MAINTENANCE OF AND
ACCESS TO SUCH WATER METERS; AMENDING THE PROVISIONS FOR
PAYMENT OF FEES FOR FIRE PROTECTION SERVICE; AND MAKING
CONFORMING AMENDMENTS TO THE CODE OF THE TOWN OF FRASER." is
hereby repealed.
INTRODUCED, READ, APPROVED, AND ADOPTED THIS _ DA Y OF ,
1997.
TOWN OF FRASER
Mayor
ATTEST
Town Clerk
SEAL
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1:
TOWN OF FRASER
ORDINANCE NO.
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AN ORDINANCE AMENDING TOWN OF FRASER ORDINANCE 127 OF THE TOWN OF
FRASER ENTITLED" AN ORDINANCE ADOPTING TERMS AND CONDITIONS
CONCERNING THE OPERATION OF THE WATER SYSTEM OF THE TOWN OF FRASER,
COLORADO, THE SALE OF TREATED WATER TO BE USED ON PROPERTY SITUATED
WITHIN THE CORPORATE LIMITS OF THE TOWN OF FRASER, THE ESTABLISHMENT
OF RATES, FEES, AND CHARGES FOR OBTAINING WATER FROM THE TOWN AND
FOR FIRE PROTECTION SERVICE, AND PROVIDING PENAL TIES FOR THE VIOLATION
OF THE CONDITIONS OF THIS ORDINANCE."
WHEREAS, the Town of Fraser has codified its water system operations by a series of
Ordinances adopted from ] 978 to 1994; and
WHEREAS, Town of Fraser Ordinances 75 (1978),93 (1981), and 127 (1984) provided for
"Plant Investment Fees" that set the cost of "tap" fees for access to the Fraser water system; and
WHEREAS, the Board of Trustees of the Town of Fraser may, from time to time, change the
Plant Investment Fee to more adequately reflect the costs associated with accessing the Town's
water system; and
WHEREAS, Town of Fraser Ordinance 205 (1994) required that water meters be installed on all
new connections to the Fraser water system; and
WHEREAS, the Town has charged two separate fees for people obtaining water from the Town:
one for the Plant Investment Fee and one for the cost of the metering system; and
WHEREAS, it is the desire of the Board of Trustees to combine these two charges into a single
fee identified as the Plant Investment Fee; and
WHEREAS, the Board of Trustees has further decided that it is in Fraser's best interest to create
a fund whose sole purpose would be the purchase of future water rights benefiting the Town of
Fraser;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO:
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Section I. That Article I entitled "PLANT INVESTMENT FEES" of Ordinance 127
shall be repealed and re-enacted to read as follows:
An applicant for water service in the Town of Fraser shall agree to pay a water
plant investment fee based on the schedule identified below. Such fee shall be
paid in full prior to the time a building permit is issued and prior to the time that
each retail service connection is connected to the Town's water system. Said fee
shall be inclusive of all appurtenances required to connect to the Town's water
system and shall include an amount, set by resolution, that shall be designated for,
and accounted in, a Water Purchase Reserve Fund. In no case shall such Plant
Investment Fee be,rebated under any circumstance.
Section 2. That all water meter installations follow the procedures and policies set forth
in the administrative policy entitled '~Water Meter Policy."
Section 3. The Board of Trustees finds and detennines that this Ordinance is necessary
for the immediate preservation of the public peace, health, or safety. This Ordinance
shall therefore take effect immediately upon its adoption by the affirmative vote of three-
fourths (3/4) of the Members of the Board of Trustees, as provided by law.
INTRODUCED, READ, APPROVED, ADOPTED AND ORDERED PUBLISHED BY THE
BOARD OF TRUSTEES THIS DA Y OF , 1997.
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Votes in Favor TOWN OF FRASER
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Votes Opposed -
Votes Abstained Mayor
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ATTEST
Town Clerk
SEAL
Published in the Winter Park Manifest on
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TOWN OF FRASER
ITEM STATUS SHEET
r1em: floodplain regulation, I
Genesis/Background: Unsure at this time -- except that someone wanted to be able to
provide/obtain Federal Flood Insurance.
Icmmnunity Gom: I
Action Status:
2/15/95: Fraser adopted Ordinance 216 whi~h amended Chapter 40fthe town code by the
addition of a new article 4-3 containing regulations for the prevention of flood damage.
3/15/95: Resolution 3/1/95 adopted, provisions intended to make Federal Flood Insurance
available to people within the Town.
3/5/97: Discussion at Town Board re: direction of program.
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TOWN OF FRASER
"Icebox of the Nation"
P.O. Box 120 /153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
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TO: Mayor Johnston and Town. Board '\ \\..\:
FROM: Catherine Skelton l:"
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Floodway Mapping Discussion ~. .
RE:
DATE: February 27, 1997
In February 1995, the Town Board enacted Ordinance #216 which contains regulations
for the prevention of flood damage within the Town of Fraser. Subsequently, in March
1995, the Town Board adopted Resolution #3-1-95 which adopted provisions intended to
make flood insurance available within the Town of Fraser. 111e ordinance and resolution
are attached for your review,
The flood plain ordinance requires that a development permit must be obtained before
construction or development begins within any area of special flood hazard. The areas of
special flood hazard within the Town of Fraser are identified on a Flood Hazard
Boundary Map (FHBM) published by the Federal Emergency Management Agency.
Fraser does have a FHBM and is attachedfhr your review. The problem that I face, as
the administrator for development permits in relation to the flood damage prevention
regulations and the flood insurance program, is that the flood hazard boundary for the
Town of Fraser was originally mapped in 1974, and revised in 1976. The corporate
limits of Fraser have grown significantly since the floodplain was originally mapped.
Minutes from a June 15th, 1994 Town Board meeting indicate that Mark Matulik from
the Colorado Water Conservation Board (CWCB) presented an overview of the Flood
Insurance Program to the Board. The minutes further state that ifthe Town wanted to
participate in the program, CWCB would,do detailed flood mapping for the Town. This
mapping project may have begun under a 'past administration,' but nothing has
materialized.
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Floodway Mapping Discussion Memo, page 2
ISSUE ##1:
While we await new flood hazard boundary maps, the Town should consider adopting an
amendment to the ordinance which would read as fonows: .
ADD A NEW SECTION:
Section 4-3-4 (7)
"For all watercourses within the corporate limits ofthe Town of Fraser, all applicants
proposing to erect a structure within 60 feet of a watercourse will be required to generate
detailed floodplain engineering data which determines base flood elevations."
ISSUE #2:
Do you want st~ffto pursue this re-mapping project in conjunction \,rith CWeB? Should
staff prioritize this project? How much staff time and Town money do you want to
expend? We would need topographic and floodplain maps of the entire Towll. Some of
this work have been done by Ed Opitz at Rocky Mountain Engineers. Compiling all this
data wiII entail quite a bit of work. We look forward to the discussion.
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TOWN OF FRASER
ORDINANCE NO. :J/~'
AN ORDINANCE AMENDING CHAPTER 4 OF THE CODE OF THE TOWN OF FRASER
BY THE ADDITION OF A NEW ARTICLE 4-3, CONTAINING REGULATIONS FOR
THE PREVENTION OF FLOOD DAMAGE WITHIN THE TOWN OF FRASER; AND
PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF.
WHEREAS, pursuant to Colorado Revised Statutes, Title 31,
Article 23, Parts 2 and 3, the Legislature of the State of
Colorado has delegated the responsibility to local governmental
units to adopt regulations designed to promote the pUblic health,
safety, and general welfare of its citizenry; and
WHEREAS, flood hazard areas of the Town of Fraser, are
subject to periodic inundation which results in loss of life and
property, health and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
flood protection and relief, and impairment of the tax base, all
of which adversely affect the public health, safety and general
welfare; and
WHEREAS, these flood losses are caused by the cumulative
effect of obstructions in areas of special flood hazards which
increase flood heights and velocities, and when inadequately
anchored, damage uses in other areas. Uses that are inadequately
floodproofed, elevated or otherwise protected from flood damage
also contribute to the flood loss.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
Tm-TN OF FRASER, COLORADO, THAT:
PART 1: AMENDMENT OF TOWN CODE. The Code of the Town of Fraser,
Colorado (herein sometimes referred to as the "Town Code") is
hereby amended by adding a new Article to Chapter 4 of said Code,
to be numbered "Article 4-3" and entitled "FLOOD DAMAGE
PREVENTION REGULATIONS", which shall read as follows:
ARTICLE 4-3
FLOOD DAMAGE PREVENTION REGULATIONS
Section 4-3-1. Statement of Purpose.
(1) It is the purpose of this Article to promote the public
health, safety, and general welfare, and to minimize public and
private losses due to flood conditions to specific areas by
provisions designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money for costly
flood control projects;
(c) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the, general pUblic;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone and sewer
lines, streets and bridges located in areas of special flood
hazard;
[H I \
liF'\FRASER\C'P..DIU\FIi)o)DP.EG. JiF'3 ]
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(f) To help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard
so as to minimize future flood blight areas;
(g) To ensure that potential buyers are notified that
property is in an area of special flood hazard; and,
(h) To ensure that those who occupy the areas of special
flood hazards assume responsibility for their actions.
Section 4-3-2. Methods of Reducing Flood Losses
(1) In order to accomplish its purposes, this Article includes
methods and provisions for:
(a) Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion
hazards, or which result in damaging increases in erosion or
in flood heights or velocities;
(b) Requiring that uses vulnerable to ~loods, including
facilities which serve such uses, be protected against flood
damage at the time of initial construction;
(c) Controlling the alteration of natural floodplains,
stream channels, and natural protective barriers, which help
accommodate or channel flood waters;
(d) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(e) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or which
may increase flood hazards in other areas.
Section 4-3-3 Definitions.
(1) Unless specifically defined below, words or phrases used in
this Article shall be interpreted so as to give them the meaning
they have in common usage and to give this Article its most
reasonable application.
(a) "Appeal" means a request for a review of the Town
Manager's interpretation of any provisions of this Article
or a request for a variance.
(b) "Area of special flood hazard" means the land in the
floodplain within a community subject to a one percent or
greater chance of flooding in any given year.
(c) "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given year.
(d) "Development" means any man-made change to improved or
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations located
within the area of special flood hazard.
(e) "Flood" or "flooding" means a general and temporary
condition of partial 1r complete inundation of normally dry
land areas from: I
(i) hi. .
T e overflow of ~nland or t~dal waters and/or
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( ii) The unusuall and rapid accumulation or runoff of
surface waters fiom any source.
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( f) "Flood Hazard Boundary Map" (FHBM) means an official
map of the community on which the Federal Emergency
Management Agency has delineated areas of special flood
hazard designated as Zone A.
(g) "Flood Insurance Rate Map" (FIRM) means the official
map on which the Federal Emergency Management Agency has de-
lineated both the areas of special flood hazards and the
risk premium zones applicable to the community.
(h) "Mobile home" means a structure that is transportable
in one or more sections, built on a permanent chassis, and
designed to be used with or without a permanent foundation
when connected to the required utilities. It does not
include recreational vehicles or travel trailers.
(i) "start of construction" means the date the building
permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation,
addition placement, or other improvement was within 180 days
of the permit date.
(j) "structure" means a walled and roofed building or
mobile home that is principally above ground.
(k) "SUbstantial damage" means damage of any origin
sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or
exceed 50 percent of the market value of the structure
before the damage occurred.
(1) "SUbstantial improvement" means any reconstruction,
rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of
the market value of the structure before the "start of
construction" of the improvement. This term includes
structures which have incurred "substantial damage",
regardless of the actual repair work performed. The term
does not, however, include either:
(i) Any project for improvement of a structure to
correct existing violations of state or local health,
sanitary, or safety code specifications which have been
identified by the local code enforcement official and
which are the minimum necessary to assure safe living
conditions or
( ii) any alteration of a structure listed on the
National Register of Historic Places or a State
Inventory of Historic Places.
(m) "Variance" means a grant of relief from the require-
ments of this Article which permits construction in a manner
that would otherwise be prohibited by this Article.
Section 4-3-4 General Provisions.
(1) Lands to Which this Article Applies: This Article shall
apply to all areas of special flood hazard within the
jurisdiction of the Town of Fraser.
(2) Basis for Establishinq the Areas of Special Flood Hazard:
The areas of special flood hazard within the Town of Fraser shall
be identified on a Flood Hazard Boundary Map (FHBM) or Flood
Insurance Rate Map (FIRM) published by the Federal Emergency
Management Agency and approved by the Board of Trustees, as
amended from time to time. A copy of the applicable FHBM or FIRM
shall be kept on file at the Fraser Town Hall, located at 153
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Fraser Avenue, Fraser, Colorado. The FHBM dated September 6,
1974, with a revision date of March 26, 1976, which is on file
with the Town, is hereby adopted by reference as the initial FHBM
for identifying areas of special flood hazard (A Zones) for
purposes of these regulations.
(3) Compliance: No structure or land shall hereafter be
constructed, extended, converted, or altered without full
compliance with the terms of this Article and other applicable
regulations.
(4) Abroqation and Greater Restrictions: This Article is not
intended to repeal, abrogate, or impair any existing easement,
covenants, or deed restrictions. However, where this Article and
other ordinance, easement, covenant, or deed restriction conflict
or overlap, whichever imposes the more stringent restrictions
shall prevail.
(5) Interpretation: In the interpretation and application of
this Article, all provisions shall be: ~
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body;
and
(c) Deemed neither to limit nor repeal any other powers
granted under state statutes.
(6) Warninq and Disclaimer of Liability: The degree of flood
protection required by this Article is considered reasonable for
regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural
causes. This Article does not imply that land outside the areas
of special flood hazards or uses permitted within such areas will
be free from flooding or flood damages. This Article shall not
create liability on the part of the Townlof Fraser, any officer
or employee thereof, or the Federal Emergency Management Agency,
for any flood damages that result from reliance on this Article
or any administrative decision lawfully made thereunder.
Section 4-3-5 Administration.
(1) Establishment of Development Permit: A development permit
shall be obtained before construction or development begins
within any area of special flood hazard established in section 4-
3-4(2). Application for a development permit shall be made on
forms furnished by the Town Manager and may include, but not be
limited to: Plans in duplicate drawn to scale showing the
nature, location, dimensions, and elevations of the area in
question; existing or proposed structures, fill, storage of
materials, drainage facilities; and the location of the
foregoing. Specifically, the following information is required:
(a) Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
(b) Elevation in relation to mean sea level to which any
structure has been floodproofed;
(c) Certification by a registered professional engineer or
architect that the floodproofing methods for any
non-residential structure meet the floodproofing criteria in
section 4-3-7(2) (b); and,
(d) Description of the extent to which any watercourse will
be altered or relocated as a result of proposed development.
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(2) Desiqnation of the Town Manaqer: The Town Manager is hereby
appointed to administer and implement this Article by granting or
denying development permit applications in accordance with its
provisions. The Town Manger may delegate the authority to review
and act on permit applications to a designee and may similarly
delegate one or more of the other duties and functions assigned
to the Town Manager in this Article to such a designee.
(3) Duties and Responsibilities of the Town Manaqer: Duties of
the Town Manager under this Article shall include, but not be
limited to:
(a) Permit Review.
(i) Review all development permits to determine that
the permit requirements of this Article have been
satisfied.
( ii) Review all development permits to determine that
all necessary permits have been obtained from Federal,
state, or local governmental agencies from which prior
approval is required.
( iii) Review all development permits to determine if
the proposed development adversely affects the flood
carrying capacity of the area of special flood hazard.
For the purposes of this ordinance, "adversely affects"
means damage to adjacent properties because of rises in
flood stages attributed to physical changes of the
channel and the adjacent overbank areas.
(1) If it is determined that there is no adverse
effect and the development is not a building, then
the permit shall be granted without further
consideration.
(2) If it is determined that there is an adverse
effect, then technical justification (i.e., a
registered professional engineer's certification)
for the proposed development shall be required.
(3) If the proposed development is a building,
then the provisions of this Article shall apply.
(b) Use of other Base Flood Data.
When base flood elevation data has not been provided in
accordance with Section 4-3-4(2), BASIS FOR
ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the
Town Manager shall obtain, review, and reasonably
utilize any base flood elevation and floodway data
available from a Federal, State, or other source, in
order to administer Section 4-3-7(2) (a), SPECIFIC
STANDARDS, Residential Construction, and Section 4-3-
7 (2) (b) SPECIFIC STANDARDS, Non-residential
Construction.
(c) Information to be Obtained and Maintained.
(i) Obtain and record the actual elevation (in
relation to mean sea level) of the lowest floor
(including basement) of all new or substantially
improved structures, and whether or not the structure
contains a basement.
(ii). For all new or substantially improved
floodproofed structures:
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(1) verify and record the actual elevation (in
relation to mean sea level) to which the structure
has been f100dproofed, and
(2) maintain the f100dproofing certifications
required in Section 4-3-5(1) (c).
(iii) Maintain for public inspection all records
pertaining to the provisions of this Article.
(d) Alteration of Watercourses.
(i) Notify adjacent communities and the Colorado Water
Conservation Board prior to any alteration or
relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management
Agency.
(ii) Require that maintenance is provided within the
altered or relocated portion of said watercourse so
that the flood-carrying capacity is not diminished.
(e) Interpretation of Boundaries.
Make interpretations, where needed, as to the exact
location of the boundaries of the areas of special
flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field
conditions). The person contesting the location of the
boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in Section 4-3-6.
Section 4-3-6 Variance Procedure.
(1) Appeal Board.
(a) The Board of Adjustment as established by the Town of
Fraser shall hear and decide appeals and requests for
variances from the requirements of this Article.
(b) The Board of Adjustment shall hear and decide appeals
when it is alleged there is an error in any requirement,
decision, or determination made by the Town Manager in the
enforcement or administration of this Article.
(c) An applicant aggrieved by a decision of the Board of
Adjustment, may appeal such decision to the District Court,
as provided in the Colorado Rules of civil Procedure, Rule
106.
(d) In passing upon such applications, the Board of
Adjustment shall consider all technical evaluations, all
relevant factors, standards specified in other sections of
this Article, and:
(i) the danger that materials may be swept onto other
lands to the injury of others;
(ii) the danger to life and property due to flooding
or erosion damage;
(iii) the susceptibility of the proposed facility and
its contents to flood damage and the effect of such
damage on the individual owner;
(iv) the importance of the services provided by the
proposed facility to the community;
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(v) the necessity to the facility of a waterfront
location, where applicable;
(vi) the availability of alternative locations for the
proposed use which are not subject to flooding or
erosion damage;
(vii) the compatibility of the proposed use with the
existing and anticipated development;
(viii) the relationship of the proposed use to the
comprehensive plan and flood plain management program
for that area;
(ix) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(x) the expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; and,
(xi) the costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and water
systems, streets and bridges.
(e) Upon consideration of the factors of Section 4-3-
6(1) (d) and the purposes of this Article, the Board of
Adjustment may attach such conditions to the granting of
variances as it deems necessary to further the purposes of
this Article.
( f) The Town Manager shall maintain the records of all
appeal actions, including technical information, and report
any variances to the Federal Emergency Management Agency.
(2) Conditions for Variances.
(a) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one-half acre or less in size contiguous to and surrounded
by lots with existing structures constructed below the base
level, providing items (i-xi) in Section 4-3-6(1) (d) have
been fully considered. As the lot size increase beyond the
one-half acre, the technical justifications required for
issuing the variance increases.
(b) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set
forth in the remainder of this section. '
(c) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood diSCharge would result.
(d) Variances shall only be issued upon a determination
that the variance is the minimum necessary, considering the
flood hazard, to afford relief.
(e) Variances shall only be issued upon:
(i) a showing of good and sufficient cause;
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(ii) a determination that failure to grant the
variance would result in exceptional hardship to the
applicant; and,
(iii) a determination that the granting of a variance
will not result in increased flood heights, additional
threats to public safety, extraordinary public expense,
create nuisances, cause fraud on or victimization of
the public or conflict with existing local laws or
ordinances.
(f) Any applicant to whom a variance is granted shall be
given written notice, if applicable, that the issuance of a
variance to construct a structure below the base flood level
will result in increased premium rates for flood insurance
as high as $25 for $100 of insurance coverage, and that such
construction below the base flood level increases risks to
life and property.
Section 4-3-7 provisions for Flood Hazard Reduction.
(1) General Standards: In all areas of special flood hazard the
following standards are required:
(a) Anchoring.
(i) All new construction and substantial improvements
shall be anchored to prevent flotation, collapse or
lateral movement of the structure and capable of
resisting hydrostatic and hydrodynamic loads.
(ii) All mobile homes must be elevated and anchored to
resist flotation, collapse or lateral movement and be
capable of resisting the hydrostatic and hydrodynamic
loads. Methods of anchoring may includ~, but are not
limited to use of over-the-top or frame ties to ground
anchors. This requirement is in addition to applicable
State and local anchoring requirements for resisting
wind forces. Specific requirements shall be that:
(1) Over-the-top ties be provided at each of the
four corners of the mobile home, with two
additional ties per side at intermediate
locations, with mobile homes less than 50 feet
long requiring one additional tie per side.
(2) frame ties be provided at each corner of the
home with five additional ties per side at
intermediate points, with mobile homes less than
50 feet long requiring four additional ties per
side;
(3) all components of the anchoring system be
capable of carrying a force of 4,800 pounds; and,
(4) any additions to the mobile home be similarly
anchored.
(b) Construction Materials and Methods
(i) All new construction and substantial improvements
shall be constructed with materials and utility
equipment resistant to flood damage.
(ii) All new construction and substantial improvements
shall be constructed using methods and practices that
minimize flood damage.
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(iii) All new construction and substantial
improvements shall be constructed with electrical,
heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are
designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of flooding.
( c) utilities.
(i) All new and replacement water supply systems shall
be designed to minimize or eliminate infiltration of
flood waters into the system;
( ii) New and replacement sanitary sewage systems shall
be designed to minimize or eliminate infiltration of
flood waters into the systems and discharge from the
systems into flood waters; and,
( iii) On-site waste disposal systems shall be located
to avoid impairment to them or contamination from them
during flooding.
(d) SUbdivision Proposals.
(i) All sUbdivision proposals shall be consistent with
the need to minimize flood damage;
(ii) All sUbdivision proposals shall have pUblic
utilities and facilities such as sewer, gas,
electrical, and water systems located and constructed
to minimize flood damage;
( iii) All sUbdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage;
and,
(iv) Base flood elevation data shall be provided for
sUbdivision proposals and other proposed development
which contain at least 50 lots or 5 acres (whichever is
less).
(e) As-Built Information.
(i) For all new or substantially improved structures,
the owner shall file with the Town Manager an
engineer's certification of the actual elevation (in
relation to mean sea level) of the lowest floor
(including basement), whether or not the structure
contains a basement.
(ii) For all new or substantially improved
floodproofed structures, the owner shall file with the
Town Manager an engineer's certification of the actual
elevation (in relation to mean sea level) to which the
structure has been floodproofed.
(iii) The information required in Subsections 4-3-
7(1)(e)(i) and (ii) shall be provided before any
certificate of occupancy for the structure will be
issued, and in any event, within thirty days after
completion of the construction.
( f) Encroachments, including fill, new construction,
substantial improvements, and other development shall be
prohibited in any floodway unless a technical evaluation
demonstrates that the encroachments will not result in any
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increase in flood levels during the occurrence of the base
flood discharge.
(2) Specific Standards: In all areas of special flood hazards
where base flood elevation data has been provided as set forth in
Section 4-3-4(2) BASIS FOR ESTABLISHING THE AREAS OF SPECIAL
FLOOD HAZARD or Section 4-3-5(3) (b) Use of Other Base Flood Datal
the following provisions are required:
(a) Residential Construction.
(i) New construction and substantial improvement of
any residential structure shall have the lowest floor,
including basement, elevated to or above base flood
elevation.
(b) Non-residential Construction.
(i) New construction and substantial improvement of
any commercial, industrial or other non-residential
structure shall either have the lowest floor, including
basement, elevated to the level of the base flood
elevation; or, together with attendant utility and
sanitary facilities, shall:
(1) be floodproofed so that below the base flood
level the structure is watertight with walls
substantially impermeable to the passage of water;
(2) have structural components capable of
resisting hydrostatic and hydrodynamic loads and
effects of buoyancy; and,
(3) Be certified by a registered professional
engineer or architect that the standards of this
subsection are satisfied. Such certifications
shall be provided to the official as set forth in
Section 4-3-5(3) (c) (ii).
Section 4-3-8. Penalties and Enforcement.
(1) Every person convicted of a violation of any provision of
this Article or the Codes adopted herein shall be punished by a
fine not exceeding Three Hundred Dollars ($300.00) or by
imprisonment not exceeding ninety (90) days or by both such fine
and imprisonment. Each and every day a violation of this Article
exists shall be deemed a separate offense.
(2) In the event of any violation or threatened violation of
this ArtiCle, the Board of Trustees of the Town of Fraser may, in
addition to other remedies provided by law, institute an
appropriate action for injunction, mandamus, or abatement to
prevent, enjoin, abate, or remove such violation or threatened
violation.
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.
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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 anyone or more
sections, subsections, sentences, 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 thereof as
provided by law.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSJ.EES AND SIGNED THIS /5 DAY OF ,,~-l, ,
199-2-.
BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO
BY: _~~ V1NVtV\ c. k\~ L'lC /k.l_~
C.B. Jensen, Mayor
(SEAL)
Clerk
Published in the winter Park Manifest on,~-dIs;, 23 , 199..s-:-
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TOWN OF FRASER
RESOLUTION NO. 3 -' I-,li...c.;-
A RESOLUTION ADOPTING PROVISIONS INTENDED TO MAKE FEDERAL FLOOD
INSURANCE AVAILABLE WITHIN THE TOWN OF FRASER.
WHEREAS, certain areas of the Town of Fraser are subject to
periodic flooding, mudslides (i.e., mudflows), or flood-related
erosion, causing serious damages to properties within these
areas: and
WHEREAS, relief is available in the form of Federally
subsidized flood insurance as authorized by the National Flood
Insurance Act of 1968: and
WHEREAS, it is the intent of the Board of Trustees of the
Town of Fraser to require the recognition and evaluation of
flood, mudslide (i.e., mudflow), or flood-related erosion hazards
in all official actions relating to land use in areas having
these hazards: and
WHEREAS, this body has the legal authority to adopt land use
and control measures to reduce future flood losses pursuant to
Colorado Revised Statutes, Title 31, Article 23, Parts 2 and 3.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FRASER, THAT THIS BOARD HEREBY:
1. Assures the Federal Emergency Management Agency that it will
enact, as necessary, an~ maintain in force in those areas
having flood, mudslide (i. e., mudflow), or flood-related
erosion hazards, adequate land use and control measures with
effective enforcement provisions consistent with the
criteria set forth in Section 60.3 of the National Flood
Insurance Program Regulations: and
2. Vests the Fraser Town Manager with the responsibility,
authority, and means to:
(a) Assist the Administrator, at his request, in his
delineation of the limits of the area having special
flood, mudslide (i.e., mudflow), or flood-related
erosion hazards.
(b) Provide such information as the Administrator may
request concerning present uses and occupancy of the
floodplain, mudslide (i.e., mudflow) or flood-related
erosion areas.
H: \liP \FR1!SER\RlBOL\FIt)OD-Ill. RlB
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(c) Cooperate with Federal, state, and local agencies and
private firms which undertake to study, survey, map,
and identify floodplain, mudslide (i.e., mudflow), or
flood-related erosion areas, and cooperate with
neighboring communities with respect to management of
adjoining floodplain, mudslide (1. e., mudflow) and/or
flood-related erosion areas in order to prevent
aggravation of existing hazards.
(d) Submit on the anniversary date of the community's
initial eligibility an annual report to the
Administrator on the progress made during the past year
within the community in the development and
implementation of floodplain management measures.
(e) Upon occurrence, notify the Administrator in writing
whenever the boundaries of the community have been
modified by annexation or the community has otherwise
assumed or no longer has authority to adopt and enforce
floodplain management regulations for a particular
area. In order that all Flood Hazard Boundary Maps and
Flood Insurance Rate Maps accurately represent the
community's boundaries, include within such
notification a copy of a map of the community suitable
for reproduction, clearly delineating the new corporate
limits or new area for which the community has assumed
or relinquished floodplain management regulatory
authority.
3. Appoints the Fraser Town Manager to maintain for public
inspection and to furnish upon reql1est, for the
determination of applicable flood insurance risk premium
rates within all areas having special flood hazards
identified on a Flood Hazard Boundary Map or Flood Insurance
Rate Map, any certificates of floodproofing and information
on the elevation (in relation to mean sea level) of the
level of the lowest floor (including basement) of all new or
substantially improved structures, and whether or not such
structures contain a basement, and if the structure has been
floodproofed, the elevation (in relation to mean sea level)
to which the structure was floodproofed.
4. Agrees to take such other official action as may be
reasonably necessary to carry out the objectives of the
program.
PASSED, ADOPTED AND APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THIS ~ day of .i, j'i'l , 1995.
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BOARD OF TRUSTEES OF THE
TOWN OF F SER, COLORADO
/ [1
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BY: ;, ,).
q.~Jen en, Mayor
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ATTEST:
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. ,'- \ t .; , .' '
, ," '" I." .'.. ../ ' ! I I, .
(SEAL) ',.!.ff/1i'l/'(, (,{,'li(, ,(
Virg nia Winter, Town Clerk
,."., /
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CORPOIlM~
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T Fede,.llnsurenu A~:In~BAN DEVELOPMENT
OWN ...... -
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. FIA flOOD HAZAR .... 500
No. H 0 I 0 BOUNDARY MAP 1000
15,00 FEET
MAP REVISED
3/26/76
. .
~ LEGEND
01 =:~:::.-
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j Note: n.e maps ~ t'I01: InctU<Hi aU SpecfaS Flood Hazard
At... in the communitY. After . more c:tetatled study~ the
Speciai Flood Hazard Area ahowft on tMse maptc may be
modlfl'" and other __ added..
CORPORATE LIMITS
~-~ ClINliULT NJ'IA SERVICING COWANV OR LOCAL INSURANCE
AGIlNT OR _aR TO D&TIIRMlNE IP PRCll'I!RTIES IN THIS
~ ARa aU_La FOR PLOOD INIlURANCE.
INITIAL IDENTlPICATION DAT&:
ElSTO. SEPTEMBER 6, 1974
.
RtYIUON DATES:
I 3/-26118 : SlfO. CURV'LINEAR BDuaOART,IUDUCE SFHA,
FRASER ...
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CORPORATE LIMITS
i
DEPAR11IUT OF HOUSING AND URBAN DEVELOPMENT
F.....I_ AIIaIIItIs1mlOI
FLOOD HAZARD BOUNDARY MAP H . 01
MAP INDEX
TOWN OF FRASER, CO
(GRAND CO.)
COMMUNITY NO. 080073A -