HomeMy Public PortalAboutTBP 2000-01-31
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TOWN OF FRASER
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. "Icebox of the Nation"
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P,O, Box 120/153 Fraser Avenue
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Fraser, Colorado 80442
, (970) 726-5491
FAX Line: (970) 726-5518
E-Mail: fraser@rkymtnhLcom
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TOWN BOARD AGENDA I I
, SPECIAL MEETING WORKSHOP
, January.31, 2000
6:00 p.m.
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Winter Park Town Hall
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Workshop on proposed housing regulations, I
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TOWN OF FRASER: ::
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, P.O, Box 120/ ,153 Fraser Avenue I '
Fraser, Colorado 80442
(Q70) 726.5491 ,;
FAX Line: (970) 726-5518 ::
.E-Mail: fraser@rkymtnhLcom "
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Manager's Briefing : ' January 28,' 2000 :: ,
Vb qh! Wednesday's agenda is short, My inbuilt.Catholic guilt says that we'll pay for this-
either Wednesday night or (imd of this tam sure) on February 16th" I'm sending prayers to'the '11
meeting gods,that we pay only on the 16th, Any assistance you could provide in'this metapl1ysical ,I
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activity would be appreciated"
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But before I expand on Wedoesday' s confab, a sp'ecial' workshop lias been call,ed for next Monday' ,
, night, January 31,2000 at 6:00 p,m, at the'Winter:Park Town Hall, This 'is a joint workshop with:
the Winter Park Council and we will be flnalizing the proposed housing ordinance., We will work i~
" off of Winter Park's Ordi~ance 293, a co'py of which is enciosed, I will bring the lapt9P and a '
pr~jector, and we wiil put 293 up on a screen and change the Ordinance as we ~leet. : When, its all "
said and done, the proposed Ordinance ,will be reviewed by our collective attorneys and a fual , 'I
'. 'proposai will be heard on February 16th, with action scheduled for M~rch 1st.'
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On Wednesday riight, I am seeking your dire~tion on a 'ballot question that would allow Fraser to "
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keep revenues collected above the bar set by the TABOR amendment. I have a fe~ things for ':
staff choice, but they're informational only so it could be a short meeting, !,
'A short' meeting will be good because on February 16th you'll formally consid~r (in discus:sion) the ':
housing Ordinance, and you'll be asked to,act on,two major 'subdivisions (East Mountain Filing 1 '
,and Forest Meadows), the annexation and ,zoning of Fox Run, and adopting any resolutions that :
would set ballot questions for the April election: ' i:
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Have a Grand weekend! ' , "
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TOWN OF WINTER PARK
. ORDINANCE NO. 293
SERIES 1999
AN ORDINANCE EST ABLISlllNG AFFORDABLE HOUSING REQUIREMENTS WIDCH AMENDS THE
WINTER PARK TOWN CODE BY ADDING A NEW TITLE 9
WHEREAS, the Town of Winter Park, Colorado is a home rule municipal corporation duly and regularly
organized and now validly existing as a body corporate and politic and by virtue of the provisions of Article XX of
the Constitution of the State of Colorado;
WHEREAS, the Town of Winter Park, by virtue of its Home Rule status, may adopt such ordinances
relative to local and municipal matters as are necessary to effectuate the purposes and intent of the powers granted to
mWlicipalities;
WHEREAS, the governments in Grand CoWlty have participated in studies relating to the need for
affordable and attainable housing including the following: The Fraser Comprehensive Plan update, 1986; Grand
COWlty Housing Needs Assessment, 1992; Affordable Housing Feasibility Study, 1993; Demographic & Economic
Reconnaissance Report, Grand County Growth Coordination Plan, 1996; and, Colorado Association of Ski Towns,
Affordable Housing Study that identified housing shortages, problems and solutions;
WHEREAS, Grand COWlty is served by the recently reorganized Grand CoWlty Housing Authority which
administers COWlty-wide housing programs and recommends housing policies in accordance with the provisions of
c.R.S, ~29-4-201~;
WHEREAS, it is well documented that growth within Grand CoWlty and the Town from new construction
. of residential Wlits and commercial space has created a demand for more permanent and seasonal jobs;
WHEREAS, new employment resulting from such growth has created a greater demand for existing
housing units within the COWlty and the Town;
WHEREAS, the demand for low to middle priced housing units has increased thereby raising the cost of
affordable housing;
WHEREAS, the above studies have shown both a current and a projected shortfall in the number of low to
middle priced housing units;
WHEREAS, new construction in Winter Park has generally been for high cost housing units which further
exacerbates the problem of supplying affordable housing units;
WHEREAS, it is the Town's intention to enact exaction requirements which are consistent with applicable
constitutional standards and which are designed to stimulate construction and rehabilitation in the low to middle
priced housing units in order to maintain the employee base which fosters the general health, safety and welfare of
the Town.
WHEREAS, elected officials representing the COWlty and its six municipalities have made a commitment to
formulate a COWlty-wide policy regarding housing requirements for building permits, subdivisions, planned
developments and annexations;
WHEREAS, the governmental entities throughout Grand CoWlty desire to have similar housing exaction
regulations and policies that are designed and intended to address and remedy the low to middle income housing
problem in the Town and the COWlty in a manner which is constitutionally permissible, but which will not create a
. competitive advantage or disadvantage to one jurisdiction over another;
WHEREAS, the proposed policies and regulations were discussed in public hearings by respective Boards
and Councils and the regulations are herein embodied in this ordinance; and
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. WHEREAS, the Town Council finds that the legislative action of adopting the provisions set forth in this
ordinance is necessary to protect the health, safety and welfare of the Town's residents,
NOW THEREFORE, BE IT ORDAINED by the Town Council of Winter Park, Colorado that the
following amendments and/or additions to the Town Code are hereby adopted as follows:
Title 9 is hereby added to the Town Code and entitled AFFORDABLE HOUSING
REQUIREMENTS,
Section 9-1-1 Affordable Housing Fees: The Town shall collect the sum of three dollars ($3.00) for every
square foot of new habitable construction that occurs within the Town boundaries, Accessory buildings and
structures, including but not necessarily limited to parking structures, attached and detached residential garages,
decks, etc. are not considered habitable construction and are not subject to the three dollar ($3.00) fee. The Town
Building Official shall detennine which new construction is considered to be habitable or constitutes an accessory
building, The applicant for a building pennit shall pay this fee to the Town by writing a separate check to the Town,
The Town Building Official shall not issue any building pennits for new construction until such time as this fee is
paid in full. All funds thus paid to the Town shall be maintained in a separate account and shall be utilized for the
purpose of providing affordable housing,
Section 9-1-2 Dedication of Land and Payment of Fees in Lieu of Land:
A. At subdivision or planned unit development approval, or at the time of annexation, the Winter
Park Town Council shall require either the dedication/conveyance of land areas of up to five
percent of the net area (gross land area less open space and school land dedication areas) for
affordable housing or a payment in lieu of such dedication. A condominium as-built map is not
considered as a subdivision for the purposes of this ordinance and shall not be subjected to this 5%
requirement. The location and configuration of all such dedicated land areas, or subdivided lots,
. shall be mutually agreed upon by the property owner and the Town Council. The Town Council
will not accept land which encompasses wetlands, slopes over 15% and other non-buildable areas
as satisfying the five percent (5%) land dedication.
The Town Council reserves the right to either construct (either on its own or in conjunction with other
agencies or entities) affordable housing units on said dedicated land or to sell said dedicated land to third
parties. The proceeds from the sale of land areas and/or lots shall be used solely for the purpose of
construction of affordable housing at other locations. At its sole discretion, the Town Council may accept a
payment in lieu of land dedication which shall be calculated according to the provision of Subsection C.
described below.
B, Dedication of such land areas and/or lots shall be made at the time offinal subdivision platting,
final approval of a Planned Unit Development, or prior to annexing unincorporated property in
one of the following ways:
I, By dedicating to the Town, in fee simple, on the final plat, or
2, By granting the land areas in fee simple by warranty deed to the Town.
All surveying, planning and legal work required to complete the conveyance of property shall be
accomplished at the sole cost and expense of the property owner.
C. A payment in lieu of dedication of land for affordable housing may be accepted by the Town
Council in its sole discretion, The payment in lieu of land dedication shall not exceed five percent
(5%) of the fair market value of the subject real property (all of the land in the subdivision,
planned development or annexed area) based on the following criteria.
. 1. Fair market value shall be determined by mutual agreement between the property owner and
the Town Council. Fair market value is to be determined based on the highest and best use of the
property and shall be based on the asswnption that all streets, utilities and other private/public
improvements are installed. Unimproved property values will not be considered by the Town
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. Council when considering a payment in lieu of land. In the event of inability of any of the above
parties to agree on the fair market value of the subject property, an independent party, being a
qualified Colorado appraiser, shall be selected by mutual agreement of the parties. Said
independent party's findings on fair market value shall be conclusive as to both parties. The
property owner shall pay the cost of obtaining such appraisal,
2. Payment made under this subsection shall be payable to the Town, Said payment shall be
payable prior to the recording of a final subdivision plat, approval of a final Planned Unit
Development or prior to any annexation,
3. Funds from payments in lieu of land dedication shall be used exclusively by the Town and/or
the Grand County Housing Authority to assist with the provision of affordable housing in the
Town of Winter Park or in other areas of Grand County upon a finding by the Winter Park Town
Council that the purchase or construction of such housing units outside the Town's boundaries
will be and provide a direct benefit to the Town and its residents.
D. Nothing set forth herein shall preclude the owner/developer and the Town from entering into a
mutual agreement, which agreement shall be reduced to writing and executed by each party, by
which owner/developer agrees to provide mitigation of affordable housing need created, either
directly or indirectly, by his development. The Affordable Housing Fees required in ~ 9-1-1, and
the land dedications required in 9-1-2 of this section, may be satisfied, in whole or in part, by the
means which are agreed to between the Town and the owner/developer, The amount or extent of
the offset to the fees or dedication requirements applicable to owner/developer's property/project
shall be agreed upon between the Town and the owner/developer and shall be included within the
agreement identified above,
Section 9-1-3 - Individual Studies
. A. An owner/developer may request that an individualized study or report be made relating solely
to his property or project in order to determine whether or not affordable housing dedications or
exactions shall be required, and, if so, to determine the extent or amount thereof. Such study or
report shall be individualized to the owner/developer's property or project, shall fairly and
accurately delineate the needs for affordable housing which will be generated by the
owner/developer's proposed project or improvement, and shall include consideration of the
following criteria:
1. Whether additional affordable housing would be required but for the owner/developer's
proposed project or improvement;
2, Whether existing affordable housing can adequately serve the proposed project without the
additional expense to construct, expand or improve affordable housing; and
3, Whether the Town has historically required, or will require by ordinance, other
owners/developers to dedicate similar property or pay an exaction of a similar type or in a similar
amount.
The conclusion of such study or report shall contain a recommendation as to the number and
location of affordable housing units to be required. In determining any such affordable housing to
be required of owner/developer, a proportion shall be established between the total cost of
providing or expanding affordable housing, on the one hand, and the amount or extent of such
total cost which is attributable to, or is caused or generated by, the proposed development or
improvement, on the other hand. The extent of dedication or amount of exaction due from
owner/developer must bear roughly the same proportion to the total cost of providing affordable
. housing as the need for such housing generated by the owner/developer's proposed project or
improvement bears to the general population's need for affordable housing.
B. Any owner/developer may prepare or cause to be prepared, at his sole cost and expense, the
study or report described in subpart A. hereof. Said report shall be in writing and, upon the
submission of such study or report, owner/developer shall pay a fee of $2,000,00 to offset the
. review time and costs of Winter Park staff in reviewing said study or report, The staff shall
review said study or report, and shall comment thereon in writing to the Town Council. Any
disagreement by the staff with any of the findings or conclusions of such study or report shall be
delivered in writing to the Town Council and shall be specific to the project in question. In the
event of disagreement between the staff and owner/developer as to what affordable housing units
are required, the Town Council shall, after public hearing, decide the appropriate number of
affordable housing units based upon the owner/developer's and staffs separate studies or reports,
The decision of the Town Council shall be final, subject only to the right of owner/developer to
appeal the same to the Grand County District Court,
C. Upon the express request of the owner/developer, which request shall be made in writing, the
Winter Park staff shall, upon the payment of a fee to be determined by the Town Manager,
undertake the study described in subpart A. above. The staff shall submit such written report to
the owner/developer as well as the Town Council,
The owner/developer may agree with the provisions thereof, in which case the same shall be
submitted to the Town Council as a joint finding and recommendation, However, if the
owner/developer disagrees with all or any part of the staffs report, the owner/developer may, at
his sole expense, submit a written report detailing the owner/developer's findings with regard to
the criteria set forth in this ~bpart A., and shall submit the same to the Town Council. The Town
Council shall consider such reports at a public hearing and shall ultimately decide whether an
exaction or dedication is required, and if so, the extent or amount of such exaction or dedication.
The decision of the Town Council shall be final, subject to the owner/developer's right to appeal
to the Grand County District Court.
D. Criteria for Determination. In deciding whether to impose an affordable housing dedication or
. exaction requirement, the Town Council shall consider those questions and criteria identified in
Section A. 1.,2. and 3., and shall be guided by the overriding principle that an exaction or
dedication requirement is unfair, disproportionate and unconstitutional if it imposes a burden on
an owner/developer which in equity and fairness should be borne by the public in general.
However, any exaction or dedication requirement will be in compliance with all existing
constitutional tests if the failure of the owner/developer to provide the dedication or exaction
would fail to remedy a public problem created or exaceroated by the owner/developer's proposed
project to such an extent that the Town Council would be justified in denying approval for the
project altogether,
E, Compliance with Ordinance a Condition Precedent to Rezoning or Plat Approval. No
rezoning, subdivision approval, or planned unit development approval shall be final unless and
until the owner/developer has selected one of the procedures outlined above and the report
required has been provided to the Town Council. No rezoning, subdivision approval, or planned
unit development approval shall be deemed final unless and until the Town Council has made a
determination as to whether or not an affordable housing dedication or exaction requirement shall
be imposed, and if so, the extent or amount thereof. Any person, individual, or entity which
commences development of a property, or attempts to obtain a permit to develop property, prior to
the determination required in this ordinance shall be guilty of a misdemeanor, and shall be subject
to a fine not to exceed $300.00 per day, or imprisomnent for a period not to exceed 90 days, or
both, In addition to said remedy, the Town of Winter Park may seek and obtain either a stopwork
order or an injunction against the continuation or completion of any construction or
preconstruction activity on a project or improvement until the determinations required herein have
been made.
INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN SUMMARY
this 7th day of September , 1999, A public hearing shall be held at a special meeting
of
. the Winter Park Town Council on the 21st day of Seotember , 1999 at
7:00 p,m. or
as soon thereafter as possible, at the SilverCreek Conference Center,
TOWN OF WINTER PARK
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