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Home My Public Portal AboutTBP 2000-03-01 ---------- j' I .' 'i II , ';1;., " TOWN OF FRASER 'I 'I . "Icebox of the Nation" II! , ii' :I~ " P.O~ Box 120,/153 Fraser Avenue I " , , Fraser, Colorado 80442 I' " (970) 726-5491 ~'iJ~' :' FAX Line: (970) 726-5518 0::::) E-Mail: fraser@rkymlnhi.com 51n'\5 , " " TOWN BOARD AGENDA " REGULAR MEETING March 1,2000 1. Roll call I' :1 2. Approval of minutes from 2/16/00 I ,II ,- 3. ' Open Forum " :! :1 4. ' ,Vpdates " a) Chamber of Commerce, Catherine Ross ":1 b) , 'Housing Authority, Jim Sheehan , !: i c) Billy Sumerlin: Grand County Weed ,Control <' d} Fraser Valley' Metro Recreation District Board Members ,I , . ,', I, 5. Public Hearings , " i' , , 6. Action Items I' , ' a) Preliminary Plat, Forest Meadows Subdivision b) , :M:otio~ ~o move forward on an app~aisal for the Church: of the Eternal Hills, , ' 7. Discussion Items a) Proposed housing ordinance :, ': ,b) ,McLaughlin plant investment feelwater resource fee stUdy I' c) Cellular towers , :> d), ' Winter Park Horseman's Association"request for funding I " e) .T own Hall 'addition ' f) Headwater Trails Alliance ' " Ii " 8., . Staff Choice , , a)' , Request for executive session to discuss a personnel issue and to instruct 1:he Town Manager in negotiations. ~;! . " if. 9. Board Members' Cpoice if il II ~ - I .' " Wednesday, March 15th: . Town Board Regular Meeting, :, I I~ Wednesday, March '22nd: Planillng Commission Regular Meeting " " ýÿ " , i TOWN OF FRASER' 1: ,I . "Icebox of the N~tion" :i , '[ P.O. Box 1?0 1153 Fraser Avenue. [i . ' ~ Fraser, Colorado 80442 , ' ' (970) 726-5491 " FAX Line: (970) 7.26-5518 1 E-Mail: fraser@rkymtnhi.com :' Manager's Briefing: February 25, 2000" . , , , ' ' , ' Wednesday's agenda is full, especially with guests and discussion items. We'll hear updates from I. the Chamber and Housing Authority, arid then an update from Billy Sumerl.in (Grand County " " Weed Control). Finally, Board Members from the Recreation District will be present to discuss' 'I potential sites for a proposed Recreation Center ' -I " :1, During action items, we'll consider a revised preliminary plat for the Forest Meadows Subdivision (plat enclosed) and you will decide whetlter or not to take the,next step in the purchase of the, " , Church of the Eternal Hills"by contracting for an appraisal of the property (contract enclosed). " , ' , , Discussion items include the, proposed housing ordinance,' ~cLaughlin' s study for a 'revised plant . investment fee/water resource fee, a request for funding from the Winter Park Horseman's Association, the proposed Town Hall addition,. and a letter from the Headwater Trails Alliance. '" Information about all the above is included in the packet. We have also been re~eiving requests ',' from cellular phone companies about the construction of cellular towers within the Town's , ' boundaries. U.S. West has made the latest request and they could "get away with" a sixty-foot: tower - they would prefer eighty ~eet! I'd like direction on how we want to deal with requests I, , such as this. ! Finally, I'll be requesting an exec~tive session to discuss a personnel issue and to' instruct me in " negotiat~ons regarding the same. 'I I.. See you Wednesday! I' :1 , 'I 1~'I~ \I tu ~\\l ~'p70"\~k.d 0-'+ .tl~ch"~ . , " 'I I II ,I, Ii ..': I " , I, :' ýÿ ""-11 ..". ..--- . -. FOREST MEADOWS SUBDIVISION PRELIMINARY " LANDSCAPE PLAN .' "-.;, ~ ,. ' SYMBO CO..,(~ON NAlAE SIZE QTY. ,$ Everllreen Tree 25 It, 63 8 Deciduou8 Tree 25 ft. . f'l.. . E Yefllreen Shrub 5 fl. 42 VICINITY MAP 0 Deciduous Shrub 5tt. N.T.S. @~'l") . =@ . '0 .) TYPICAL CLUSTER PLANTING 01 55 (N,T,S,) I.... (No,fType tree In each Cluster may vary) , , ' . '. .' - rcp, C,L lfirIE: The sips shall be constructed in accordance with ,the City's "Fraser Zoning Or4inance", ~tcle 13...,8. : Forest Meadows Subdivision --- --- .... ...., I/I~ - .... ... _.n DAVID' L. KOTZEBU& . ~:-~..... DLE: COLO. P.E. laeus ~Ir ' .. ca,..,.. _III> 1I"n.l101'lC,.....~a. 80 0 80 160 240 ~~.- , WSJ, 11111111111 I 1 I =~--~....- lllW'tIIC SCAU: - ,. . eo' ~-" ýÿ _/ , ~ See 19 See 20 MAJOR SUBDMSION - PRELIMINARY PLAT eo, 0 eo 120 180 410'" ^v ~ 1/4 comer 11111111111 I I _..',.... TIS R75W I Bolla' of EIeYatlon: 8571.46 ' ,FOREST MEADOWS VILLAGE SUBDMSION GlW'tIC ~ - ," - eo' ollSUmed at tOp of monument . ' , ___llOJt NO. 11_ ' _.------- '. 720.0 720.0 780. ' I'ORISr KIADOW8 SOLd c:mamarr 28.11 27.5 12.4 111.2 JIU)a a. PAICIL . 11711.1 481.7 1I111Sll. 14 308. Df SlC.19. TIS, ~= PM .II 1 .II 11.11 10WM or raA8IB. GlWOl' . COLOUDO 2 1 3 28911.1 8537. f 7.4 II, 3,0 8.3 20 707. 1111178.1 870111. 108Bn. III 73.7 .8 L.o1 1. Block 2 , FTllng 1 ' FTllng 2 ~ ' S 89'49'39'-W rJ ,L? 327.49' \ \ \ \ Q ~ 4' Pon (l>y ~lh'r.l - VICINITY MAP /, IIBRISTOL 4801 Riverbend Road, Suite 200 · Boulder, CO 80301-2629 .E A L T Y C 0 U N S E LOR S (303) 443-9600 . Fax (303) 443-9623 · E-mail bristoI1@msn.com February 8, 2000 Mr. Mike Rantz Town of Fraser PO Box 185 Fraser, CO 80442 Re: Appraisal of Church of Eternal Hills Property, Fraser, Colorado Dear Mr. Rantz: This letter is to confinn our understanding regarding the complete appraisal in a summary report to be prepared by Bristol Realty Counselors of Colorado, Inc. for the above referenced property. The Town of Fraser will be the client for this engagement. The purpose of the appraisal is to estimate the market value of the simple fee interest in the above,captioned property. The appraisal will be used to assist in negotiation for purchase. Our employment is in no way contingent upon arriving at a predetennined dollar value; the stated value will be our independent opinion. The appraisal will comply with the appraisers I understanding of the Unifonn Standards of Professional Appraisal Practice. It will be prepared in conformity with, and will , be subject to, the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. Attached to this agreement is a copy of the Contingent and Limiting Conditions, which also will be part of the appraisal report. Our appraisal will estimate the value of the . real property, not "business value" or equipment and furnishings. We estimate that this assignment will be completed in approximately four weeks from the date the assignment is awarded. To most effectively complete this assignment, the following items are requested: 1. survey with a legal description, 2. ownership deed, 3. titl~ policy (commitment) with copies of exceptions, 4. environmental report, 5. soils report. Professional fees for the services described will be $3,500. Fees are payable upon delivery of the report. Included in this agreement are three copies of the appraisal report. Additional copies are $50 per copy if ordered prior to completion of the original report, and $100 per copy after delivery of the original report. Photostatic copies are $25 per copy. I Any services requested of the appraiser after completion of the appraisal report including, but not limited to, modifications to the appraisal, attendance at conferences, negotiations, or court testimony will be billed at our standard hourly rates of $35 to $150 per hour. In the event payments associated with this agreement are not made when due, all costs of collection, including (but not limited to) court costs and reasonable attorney's fees, shall be paid by the client, together with a late charge of 1.5 % per month from the due date until all fees are paid. The client hereby certifies that the appraisal will not be used for any syndication purpose that is subject to the Securities Act of 1933 as amended, the Securities Exchange Act of 1934 as amended, any state Blue Sky or securities law or similar state or federal statute, and any regulation or order issued pursuant to any of the foregoing statutes. The client also agrees that the appraisal report shall not be quoted or referred to in any report or financial statement of the client's or in any documents filed with any governmental agency without the prior written consent of the appraisers. Neither all nor any part of the contents of the appraisal report (especially the conclusions as to value, the identity of the appraiser, references to the Appraisal Institute, or references to the MAl designation) shall be disseminated to the . public through advertising media, public relations media, news media, sales media or other public means of communication without the prior written consent of the appraisers. @ ýÿ Mr. Mike Rantz February 8, 2000 Page 2 . In consideration for performing the services described above for the fees agreed to, Bristol Realty Counselors of Colorado, Inc. expressly limits its liability under any and all circumstances to Client(s) in connection with those services to the lesser of the amount of the fees actually paid or $25,000. Client(s) agree that in order to recover any amount from Bristol Realty Counselors of Colorado, Inc., Client(s) must prove that Bristol Realty Counselors of Colorado, Inc. was grossly negligent in its duties to Client(s). In the event of dispute involving interpretation or application of this agreement, or performance of the work described herein the dispute shall be referred to a neutral third-party mediation service. The cost of such mediation shall be borne by the non-prevailing party. In the event mediation is not successful at resolving the dispute, the parties agree to submit the dispute to binding arbitration under the laws of the State of Colorado, the costs of same to be borne by the non-prevailing party. Client(s) acknowledges that the appraisal reports or opinions of value resulting from this engagement apply only for purposes expressed in the appraisal report, and client(s) expressly agrees not to use them for any other purpose nor to disclose the results to any party who may rely on them for any other purpose, nor to copy or reproduce in any form in part or in full any appraisal report without the express permission of Bristol Realty Counselors of Colorado, Inc. first had and obtained. In the event that Client(s) discloses the results of any appraisal report and a third party relies on said report as a result of client's disclosure, client(s) agrees to indemnify, save, hold harmless, and defend Bristol Realty Counselors of Colorado, Inc. against any and all claims by said third party whatsoever. Except in the event that Bristol Realty Counselors of Colorado, Inc. is grossly negligent in the performance of it duties, Client(s) agrees to indemnify, save, hold harmless and defend Bristol Realty Counselors of Colorado, Inc. against any and all claims, losses, actions, damages, expenses, or liabilities, whatsoever, including reasonable attorney's fees for which Bristol Realty Counselors of Colorado, Inc. may become liable arising from the performance of this engagement, whether brought by third parties known to Bristol Realty Counselors of Colorado, Inc. or not. Client's obligations in this section shall extend to any controlling person of Bristol Realty Counselors of Colorado, Inc., including any director, officer, employee, subcontractor, affiliate or agent. . We look forward to working with you in the near future. Bristol Realty Counselors of Colorado, Inc. /J!laA;bM tv.lUJJ.,) (;3 Martin Ward, Vice President Agreed and accepted this day of ,2000. Client . ýÿ CONTINGENT AND LIMITING CONDITIONS . We assume no responsibility for matters legal in nature, nor do we render any opinion as to title, which is assumed to be marketable. All existing liens and encumbrances, if any, have been disregarded, and the property is appraised as though free and clear and held under responsible ownership and competent management. Any information in this report furnished by others is believed to be reliable; however, the appraisers assume no responsibility for its accuracy. Although parcel dimensions were taken from a source considered to be reliable, this should not be construed as a land survey. The exact land size and legal description should be verified by a licensed engineer or land surveyor. Sketches presented herein are included to assist the reader in visualizing the property, and we assume no responsibility for their accuracy. We have made no survey of the property. It is assumed that the utilization of the land and improvements is within the boundaries or property lines of the property and that there is no encroachment or trespass unless noted in the report. Full compliance with all applicable federal, state and local environmental regulations and laws is assumed unless noncompliance is stated, defined and considered in the appraisal report. It is assumed that all applicable zoning and use regulations and restrictions have been complied with unless a nonconformity was stated, defined and considered in the appraisal report. It is assumed that all required licenses, certificates of occupancy, consents or other legislative or administrative authority from any local, state or national government or private entity or organization have . been or can be obtained or renewed for any use on which the value estimate contained in this report is based. No requirement shall be made of the appraisers for testifying or attendance in court by reason of this appraisal with reference to the property in question, unless arrangements have been made previously. If any courtroom or administrative testimony is required in connection with this report, an additional fee shall be charged for those services. Possession of this report, or copy thereof, does not carry with it the right of publication or reproduction, nor may it be used for any purposes whatsoever by any but the appraisal client without previous written consent of the appraisers or the appraisal client. We assume that there are no hidden or unapparent conditions of the property, subsoil or structures that would render it more or less valuable. We assume no responsibility for such conditions or for engineering that might be required to discover such factors. The appraisers have made no investigation into the presence or absence of asbestos, radon gas, PCBs or other hazardous materials in the subject property. No consideration was given to the impact on the valuation of the subject property if any of these materials should be present. The appraisers assume no responsibility for addressing such conditions. The omission or change of any part of this appraisal opinion without written authorization of the appraisers invalidates the entire appraisal opinion. DISCLOSURE AND USE Disclosure of the contents of this investigation is governed by the Bylaws of the Appraisal . Institute. Neither all nor any part of the contents of this study (especially any conclusions of value, the identity of the appraisers or the firm with which they are connected, or any reference to any professional society or institute or any initialed designations conferred upon the appraiser) shall be disseminated to the public through advertising media or public means of communication without prior written consent and approval of the appraisers. - ------- . . BAKER, CAZIER Al~D McGO\\' AN At. Law Partnerllhlp of Professional Corporations Jotm L. BaUr, p.e, 6249~ U.S. HIghway 40 East Stanle)' W. Cazier, P,C. Box 500 Rodnty R. McGowan, P. C. Gnmby. Colorado 80446 ROO McCowlD Telephone: (970) 88':'.3376 rod'!;lm<~o......pc,cam Fax: (970) 887-9430 F AX ~IEMO CONFIDENTIALITY NOTICE: The lnformatJan contained In this telecopy may be conRdentlal and:or pr1vt1eged, ThIs te\e('.op)' Is Intended to be reviewed only by tlle Indh1dulll(,) nwned belo.... U the reclp(ent or this telecopy transmittal page 15 not the Intended. recipient or an aulool'lzed representative or tlle Intended rtdplent, you Ire reque!ted to promptly call us. coUert, at the telephone number set forth above and return the ortelnal or this telecop)" to ~ at the aboye :address. Please do not read, copy. or dlssellllI1ate this telecopy or tlte Infonnadon conlalned bereln. To: Me, Edward M, Caswall Fax: (303) 861-0420 Alperst~in & Co\'ell, P.c. Phone: (303) 894-8191 Mr. John Hayes Fax: (303) 825-1269 Hayes, Phillips & Maloney, P,c. Phone: (303) 825-6444 Mr. Chuck Reid Fax: (970) 726-5518 . cc: Town of Fraser Phone: (970) 726-5491 From: Rod McGowan Fax: (970) 887-9430 Baker, Cazier & M.:Gowan Phone: (970) 887-3376 Date: February 14,2000 Time: 9:45 A.\,1 Pages: 10 Subja."1: Fraser Affordable Housing Ordinance :\1ESSAGE Attached is a copy of the latest draft of the Fraser affordable housing ordinance, together with a r~dlined copy showing th~ changes. W;; would appreciate your comments!sugg;;stions regarding this draft. I understand that both Fraser and Winter Park intend to proce;;d with the adoption of similar ordinances in late February or early March. 0)457 :; \..\r:).1)vW~'.:::lIJ"FA(..zpc;~AJ: ....JP~ . ýÿ , . TOWN OF FR.\SER ORDINA1"CE NO. A1\; ORDINA.'iCE ESTABLISHING AFFORDABLE HOl7SING REQllRE~IE~'TS WHICH AMEI\DS THE FRASER TOWN CODE BY ADDING A NEW ARTICLE 10-8. WHEREAS, the Town of Fraser, Colorado is a statutory municipality duly and regularly organized and now validly exi!>1ing as a body corporate and politic under the laws of the State of Colorado; and WHEREAS, the Legislature of the State of Colorado has delegated broad authority and responsibility to municipalities with regard to land use regulation and the provision of affordable housing within their respective jurisdictions, as provided in Colorado Revised Statutes, Title 29, .6.nicles 4 and 20, Title 31, Article 23, Parts 2 and 3, and other statutes; and WHEREAS, the goyernments in Grand County have participated in studies r~latil1g to the need for affordable and attainable housing including the following: The Fraser Comprehensiye Plan update, 1986; Grand County Housing Needs Assessment, 1992; Affordable Housing Feasibility Study, 1993; Demographic & Economic Reconnai~sance Report, Grand County Gro\\lth Coordination Plan, 1996; and, Colorado Assot,;iation of Ski T O\\l1S, Affordable Housing Study that identified housing shortages, probl~ms and solutions: and . WHERE.o\S, Grand County is served by the recently reQrganized Grand County Housing Authority which adminisrers County-wide housing programs and reconnnends housing policies in accordance with the provisions ofC,R.S. 929-4-201 et seq.: and WHERE.A.S, it is well documented that growth within Gra.'1d County and the T 0\\11 from new construction of residential units and commercial space has created a demand for more penn anent Wld seasonal jobs; and WHEREAS, ne,... empl.1)ment resulting from such growth has created a greater demand for existing housing units within th~ County and the Town; and WHEREAS, the demand tor low to middle priced housing unite; has increased thereby raising the cost of affordable housing; and WHEREAS, the above studies have shown both a current and a projected shortfall in the number of low to middle priced housing units: and WHEREP.S, new construction in Fraser has generally been for high cost housmg units which further exacerbates the problem of supplying affordable housing units: and 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 th~ low to middl~ pric~d housing units in order to maintain the employee base which fosters the general heahh, safety and welfare ofth~ To\\n; and WHEREAS, elected officials representing the county and its six municipaliti~ have made a connnitment to formulate a County-wide policy regarding housing requirements for building penllits, subdivisions, planned developments and .1J1I1exations; and WHEREAS, the governmental entities throughout Grand County desire to haye similar housing exaction regulations and policies that are designed and intended to address and remedy the lo\\'to middle lDcome housing problem in the T o'J.n and the County in a manner wl"..ich is constitutionally perntissible, but which will not create a competitive advantage or disadvantage to one jurisdiction oyer another: and WHEREAS, the proposed policies and regulations were di~cussed in public hearings by respective Boards and Councils and the regulations are herein embodi~d in this ordinance: and WHEREAS, the Board of Trustees fmds that the legislative action of adopting the provisions set forth in this ordinance is necessary to protect the health, satety and welfare of the Town's residents. ~OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRCSTEES OF THE TOWN OF FRASER, COLORADO, THAT: . PART 1: AMEI\-DMENT TO TO\\~ CODE. The Code of the Town of Fraser, Colorado is hereby amended by adding a Dew Article 10-8 to said Code entitled " Affordabl~ Housing Requirements", which shall read as follows, ARTICLE 10-8 AFFORDABLE HOUSING REQrlRE~IE~TS Section 10-8-1. Affordable Housinl Fees. (1) The T o\\n shall collect a fee set by a resolution adopted by the Fraser Board of Trustees tor every square foot of new habitable residential and nonresidential constrUction that occurs within the Town boundari~ except \\ithin POD zoned districts. This fee shall be considered an impact fee and shall be used tc mitigate the housing need created by the new development. Accessory buildings and structures, induding but not necessarily limited to parking ~1rUctures. attached and detached residential garages. decks. ek are not considered habitable construction and are not subject to the fee. The To\\n Building Official shall detemline \vhich new ':'JI1struction is considered to be habitable or constitutes an accessory building. The applicant for a building pennit shall pay this fee to the To\\n by writing a separate check to the Town. The To\\n Building Official shall not issue any building pemlits for new construction until such time as this fee is paid in full. All funds thus paid to the T 0\"11 shall be maintained in a separate account and shall be utilized for the purpose of providing afiordable housing. -2- . . (2) Cmain dewlopment or annexations may be digible for a waiver of the Aftordabl~ Housing fees required in Subsectionl0-8-1(1) based on criteria established by the Grand County Housing Authority and 3dopted by resolution by the Fraser Board ofTrus1ees. SeL"tlon 10-8-2. A~reement to ~ntlellte Houst.nv Need!i In Lieu of Fees. (1) ~othing set forth herein shall preclude the o\\nerjdeveloper and the Tovm from entering into a m'..1tual agreement, which agreement shall be reduced to writing and executed by ea.;:h party, by which o\\1ler.'~\'eloper agrees to provide mitigation of affordable housing need created, either directly or indirectly, by his development The Affordable Housing Fees required in Section 10- 8-1 of this Article, may be satisfied, in whole or in part, by the means which are agreed to between the Town and the o',\,neridevdoper. The amount or e:-..1ent of the offset tl) the fees applicable to owner/developer's property/project shall be agreed upon betv.'een the Town and the o\'ner:'developer and shall be included within the agreement identified above. Section 10-8-3. Individual Studies. (1) ..:ill owner/developer may request that an individualized study or report be made rdating solely to his propert~' or proj ect in order to detennine whether or not affordable housing ~xactions shall be required, and, ifso, to detemtine the extent or amount thereof. Such study or repon shall be indi\,;dualized to the o\lmer/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: (a) \,Vhetlll~r additional affordable housing would be required but for the o\\ner,'deyeloper's proposed project or improvement; (b) \1/hethe~ existing affordable housing can adequately serve the proposed project without the additional expense to construct, ello1Jand or improve affordable housing; and (c) Whether the Tov.-11 has historically required, or will require by ordinance, other ov.nersid~velopers 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 contuUl a recommendation as to the number and location of affordable hOl1sing units to be required. In determining any stich afiordable housing to be required of owner/developer. a proportion shall be established between the total cost of providing or e:\.-panding affordable housing, on the one hand, and the amount cr extent of such rotal cost which is attributable to. or is caused or generated by, the proposed development or improwment, on the other hand The amount of exa;:tion due from ov.nerideveloper must bear roughly the same proportion to the total cost of providing affordable housing as the need for such housing generated by the lwmer/dewloper's propos~d proj~1: or improvement bears to the general population's need for aftordable housing. -3- . ------ . (2) Any owner/dev~loper may prepare or cause to be prepared, at his sole cost and expense, the study or report described in Su~ction (1 ) h~ecf Said report shall be in writing and. upon the submission of such study or report,. the owner/developer shall pay a fee of52.000.00 to offset the revie\\ time and costs ofF raser staff in reviewing said study or report. The staff shall review said study or report, and shall comment thereon in writing to the Board of Trustees. Any disagreement by the staffwith any of the findings or conclusions of such st'..ldy or report shall be delivered in writing to the Board of Trustees and shall be specific to the proj~ct in question. In the event of disagreement between the staff and owner/developer as to what affordable housing uwts are required, the Board of Trustees shall, after public hearing, decide the appropriate number of affordable housing units based upon the o,"\nerideveloper's and staffs' separate studies or reports. The decision of the Board ofT rustees shall be final, subject only to the right of owner/developer to appeal the same to the Grand County District Court, (3) Upon the e:\:pr~ss request of the o\\ner/developer, which request shall be made in \\>Titing, the Fraser staff shall, upon the pa) ment of a fee to be det~ed by the T o\\n Manager, undertake the study described in Subsection (1) above. Th~ staff shall submit such \\'ritten r~port to the owner/developer as well as the Board of Trustees. The owner/developer may agree with the provisions thereof, in which case the sam~ shall be submitted to the Board of Trustees as a joint fInding and recommendation. H0wever, if the o\\'l1er/developer disagrees with all or any part of the staffs report, the owner/developer may, at his sole expel1~e, submit a \mUen report detailing the owner/developer's fIndings with regard . to the ~teria set forth in this Subsection (l), and shall submit the same to the Board ofTrns1ees. The Board of Trustees shall consider such reports ata public hearing and shall ultimately decide wh~er an exaction is required, and if so, the extent or amount of such exaction. The decision of the Board of Trustees shall be final, subject to the o\\ner/developer's right to appeal to the Grand County District Court. (4) Criteria for Detennination. In deciding whether to impose an affordable housing exaction requirement, the Board of Trustees shall consider those questions and criteria identified in Subsections (I), (2) and (3), and shall be guided by the overriding principle that an exaction requirement is unfair, disproportionate and unconstitutional if it imposes a' burden on an I.)wner/developer which in equity and fairness should be borne by the public in general. However, any exaction requirement \\111 be in compliance with :111 existing constinttional tests if the failure of the owner/developer to provide the exaction would fail to rffiledy a public problem created or exacerbated by the owner! deye loper's proposed proj ect to such an e:\1ent that the Board of Trustees would be justified in denying approval for the project altogether. (5) Compliance with Ordinance a Condition Precedent to Rezoning or Plat Approval, N 0 r~zoning. subdivision approval, or plann~c development plan 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 Board of TnJs~s. ;\0 rezoning, subdivi5ion approval. or planned developm~nt plan approval shall be deemed tinal unless and until th~ Board of Trustees has -4- . . made a d~tenl1ination as to wh~th~r or not an affordable housing exaction requirem~nt shall b~ imposed, and if so, the extent or amount thereof Any person, individual, or entity which commences d~velopment of a prop~rty. or attempts to obtain a p~nllit to d~velop prcperty, prior to the detennination required in this ordinance shall be gullty of a misdemeanor. a.nd shall be subject to a flne not to exceed $300.00 per day, or imprisonment for a period not to exceed 90 days, or both. In addition to said remedy, the Town of Fraser may seek and obtain either 3 stopwork order or an injunction against the continuation or compl~tion of any construction or preconslrucrion activity all a proje.."'t or improvement until the determinations required herein have been made. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the T o\\n of Fraser cowring 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; pro\'ided, however, that such repeal sha 11 not affect or prevent the prosecution or punishment of any person for any act done or conunitted in violation of any ordinance hereby rep~aled prior to the taking effect ofthis Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutiona~ slIch decision shall not affect the validity or constitutionality ofth~ remaining portions of this Ordinance. The Town of Fraser her~by declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof. irr~spectiv~ . of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereofbe declared invalid or unconstitutional. PART 4: EFFECTI\'E DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED A.~D ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIG~ED THIS DAY OF ,2000. - Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: - BY: Jeff Johnston, ~iayor ATTEST: (SEAL) Virginia \Vinter. To"n Clerk -5. . . Published in the \Vinter Park ~bnifest on ,2000. . -6- t; '.\'r:-lt.=(;TS'.ro..tF".:.,.="F:'~"EP.-: '>>F~ . . TOWN OF FR~SER ORDINAI'-CE NO. AN ORDINAl';CE ESTABLISHING AFFORDABLE HOUSING REQllREMEKTS WHICH A.\IEKDS THE FR.-\SER TOWl' CODE BY ADDING A NEW ARTICLE 10-8. WHEREAS, the To\\n of Fraser, Colorado is a statutory municipality duly and regularly organized and now validly existing as a body corporate and politic under the laws of the State of Colorado; and WHERE...\S, the Legislature of the State of Colorado has delegated broad authority and responsibility to municipalities with regard to land use regulation and the provision of affordable housing within theirrespe~ti\'e jurisdictions, as provided in Colorado Revised Statutes, Title 29, Articles 4 and 20. Title 31, Article 23, Parts 2 and 3, and otha- statutes; and WHEREAS, the governments in Grand County have participated in studies relating to the need for affordable and attainable housing indudingthe following: The Fraser Comprehensive Plan update, 1986; Grand County Housing Needs Assessment, ] 992; 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; and . WHERE..:\S, Grand County is served by the recently reorganized Grand COWIty Housing Authority which administers County-wide housing programs and reconnnends housing policies in accordance with the provisions ofC.R.S. 929-4-201 et seq.; and WHEREAS, it is well documented that growth within Grand County and the Town from new construction of resid~ntialllnits and commercial space has created a demand for more pennanent and seasonal jobs~ and WHEREAS, new employm~nt resulting from such gro'-'1h has created a greater d~mand for existing housing units within the County and the Town; and WHERE..:\S, the demand for low to middle priced housing units has increased thereby raising the cost of affordable housing; and WHEREAS, the above studies have shown both a current and a projected shortfall in the number of low to middle priced housing units; and WHEREAS, new cOlli>"trUction in Fraser has generally been for high cost housing units which further exacerbates the problem of supplying affordable housing units; and WHERE..:\S, it is the T O\\11'S intention to enact exaction requirements which are consistent with applicable cOllstitutionall>tandards and which are designed to stimulate constmction and rehabilitati.->n . . in the low to middle priced housing units in order to maintain the employee base which fosters the general health, saf~ty and welfare of the Town; and WHEREAS, elected officials representing the county and its six municipalities have made a connnitment to fonnulate a County-wide policy regarding housing requirements tor building permits, subdivisions, planned developments and :umexations; and WHEREAS, the governmental entities throughout Grand County desire to have similar housing exaction regulations and polici~s that are designed and intended to addr~s and remedy the lowto middle income housing problem in the T o\\n and the County in a manner which is constitutionally permissible, !Jut which will not create a competitive advantage or disadvantage to one jurisdiction oyer another; and WHEREAS, the proposed policies and regulations were disclIssed in public hearings by respective Boards and Councils and the regulati<ms are her~in embodied in this ordinance; and WHEREAS, the Board of Trustees 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 To\\n's residents. ~OW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRCSTEES OF THE TOWN OF FRASER. COLORADO, THAT: . PART 1: AMEKDME~T TO TOW~ CODE, The Code of the TO\\TI of Fraser, Colorado is hereby amended by adding a new Article 10-8 to said Code entitled "Affordable Housing Requirements", which shall read as follows: ARTICLE 10-8 AFFORDABLE HOUSING REQl"IREMEl\-TS Section 10-8-1. Affordable Housin~ Fees. (1) Th.e,I()~n.sh.a,l~.~o~le,ct. t.h~ ~t1hJ oftll1GG dollaJ! (53.eO) ~:w:~:~~nw::~:~~1#.W#:~44i~4$~ ~~FiiS~:r&~itQf:tt~~ for eve . s uare foot of new habitablej~$id~i~t~rid ............................ ............. ... I) q ................. ............. , ~o~~iW# constructioll that occurs within the Town boundaries~:~~~P.(ij~thit(t:p:p ~4.~:4.~~1#::~::t4.~:##~~:~~:~~4#@::~p.:mlp.~:f.~::M#::~ij~ij]$.~:~~~'H~~mH~j~i~i~~ Mu~ijg:~::~t<<r~f~:ri~md~y~l9P.~~. A.ccessory buildings and structur~s, ..... ... . .. . . . . including but not necessarily limited to parking structures, attached and detached residential garages, decks. et.:. are not considered habitable ;;:cnstruction and are not subject to the-th:~ &)H.l1 ($.1,0C'i fee. The Towll Building Official shall detelmine which new construction is considered to be habitabl~ or constitutes an accessory building. The applicant for a building permit shan pay this fee to the Town by writing a separate check to the Town. The TOYon Building Official shan not issu.: any building permits for n~w coru.iruction until such time as -2- . . this fee is paid in full. All funds thus paid to the To\\n shall be maintained in a ;eparate account and shall be utilized for the purpose of providing atlordable housing. (2) .~i.if.'I.J.I~I!rl~~~IY~1 ~~#.~rt.,:~~:~;~!,:~-t~%r.?~-md-P~-ment-of-F~-m-r.1cu-cl-bmdi:xjit~~~rtf~~:jna~~t~ II ......... ~~red'. ..1;.... .. fF ".. . . :9lkQ)li~::~. 'e'" s:J.ik ::~ti::o : ..e~li. (1' ~otJting sd ti:wrJ) h;n:;jJl shall prcdudc U1C ov\ncr:'dc\'d~)pc:r and the To\\'I1 ti'om .:nkrtng int.) a , ) mutual agrt:~ment, which agreemcnt shall ~ reduceu l:a "Titing aIlLI executed. by ea.:h party, by whi.:11 own::r/u,;;\'dopc:r "lgr~c:;; to provide mittgation of affi:lJ dab k housing nc.:u ':;f<=at::4:,,~i~~~~r dirc.;tly or iru.lir~.dly, by hi,; (k'-'dopm~Ilt. nl~ Affonlable Hou,;ing F~~!1 rcquir~d in ~1~ 10-8-1, .t!ld 211'- land (kii,.ttiens l,qui!....i ill ~ J O.H Z of this Article, may be satisfi~d, in whole or in part, by the means which are agreed to between the Town and the ownerideveloper. The amount or extent of the offset to the fees cr..~<rl;on r...quil'lI:...nts applicable to ov.ner/developer's property/project sha.1l be agreed upon between the To\\n and the own~r/de\'elop~r and shall be included within the agre~ment identified above. (1) At !tlbdi v i.~ion 01 pld.tl11ea (ok v dOpltlC:ht district appro v ai, or 4t tile: tmt' of anncxation,. the fllt!el Doara ofTIt1~"~ shall fCqt:lit, eitnGr ~h( ,kdi'atiolt"onvG)a:nc' ofla:nd .if'a! oft:lp . to five pel"nt 0[1:11, net ~ll. (gro,,~ land MGll k38 open 3PllC..llt'ld sehoolland tkdicatioll afeas) for atro!dablc hOtl3ing or 4 paynl\~llt inl;cn 0[31:1eh dcdk.rtiol1. A condomiIuum as- btlttt fila!" ~ I~ot ,()u!tid,...Gd. d~ 4 ~t1hd~... ~b~OLl f~.t. th~ f>l1.. pv~'~ oftl~~ ()Io d~Hb.J.,,"' Md ~llAll uot be .st1bj,'tcd lo this 5% fC:'iniHm.:nt. TIt.:, lOG at ion .md ,on:i1gur;t1ion of ,,11 stich d..dicatcd 1A31d MCM, ell s1:1bdi.,iaed lot!, shll.:I be lnttttlaH.r .tg"d 1:11'0511 b.. the prope~.. ovmcr a:nd the. DOMd of Tl'tlM"!. The: Doard e.fTl'l1st'GS ~;1I not a.ecGpt land ~hieh cncompasses ~'tla1l.ds. "lop'! o.er 15~ ~ Md othel ItGh buildabk MC/lS ~ .s41i:!f}i:l.1g the: h.' p.crGGllt {5~~} hUla dcdkation. The DOc'Ld ofT, t1~L~ 1'.5", . C! tI" light to 'dh,. ...<l&huGt (either 011 d~ O"Hl vI iu '611j1:1I1C'tion \'I.ith ot:IlCl asen,i,~ or .nutie!) aifordabk hOU5i1lS tlui~ on "aid d,clkate6 la:nd or to sell sai.:! dedicated la:hd M thi:t d partiG". The pro,...'.:!5 &om the sak d IM'Ki areAS M..i<o! lots bhall be uscd ~old.r Mr tn, purpose of COm"'Ll tlctiOIl of lllI6rdabk h01:1smg at otiter l",miom. At it3 .~k .:lis'l ~tiOl'l. tlh~. DOllld of Tl'l13U'" h1ll: accept A pA)lu,nt illlic:t1 of14t1d dcdicAtiOI. "inch ,~hAll be cAkuhted 4..COldulJ, to the pr~visich ofSub5Gctioll (3) d...scribcd ~ (2) Dedication of SUdll!,).:! llf'~ ll1..i'or lots shall b, Itlade: At th, tim, of fmaJ stlbdi ,rision plMtn,g, final appl 0 (AI of.!l fmal Platllu:d D,'. ..lopm,nt rIm. or pI ior to mme.cing l1~ml'orpordtcd pr61'Grt..v it} ~h' ofth, follo'^ttlg ..A.v!, (ll) D, dcdic<l:ttl.g to tI,e T 0'"1l. in fe<: suupk, OIL the: final pbt. or -3- . - ýÿ . (b) D.' gf4.11ing [h~ lalld J:1G.t~ itL fC( ~jmplc b) ~4Jlant) dc"d to thG To\~l. ..JJ1311nC)ing. plat1:l'ltng Imd kgdl ..ork required to complete tiLe ce,n.e..mlGG ofl'ropGrt.. ~L411 be: accomplished at thc sole 'o~ alld G.~CII:5e: ofthc prop'rt) o~ne:1. (3) A l'A:Y1ncllt in lict! of dedication of land for affor.:bblc h.ol1.~ing ma] be .1cccptcd b:v tL, Doara ofTnutcc! in ~ !ok disGIG1i"J1. The: pa.vInent in lieu orland dedication shaH not G.IC~"d 11(e: percent (~%) ofti,c nir nlarkd ..alt1, ofth~ !tlbjcct leal property (411 <>flh, land in the stlbdi, i.!ion, plmlmd de. dctnnent or lmn"..,d m e.l) bam:! en 1:1C folio." ing crituia. (a) r~~l Ju4J.k,t y~t1, ~hGII b, &t'JH.;.l,d by Jtll1tu4) ~',,",IH'nt bcn.."u tl1, fl.lOP'l't.l' OWn'::L ma th... Domd of Taut,,!>. [.tic llldrkct .AItie is to be dctGufuuGd bMCd on th, highcst And b(.~ I:l!h~ afthc propc~ and shall be b~d on the ~stlmption that all s'!rGcts, l1tilitic~ mId o1hu pri..at~:pl1bli, illlpr~.('ll'I.ellts Ale instAlled. Unttlll'1<hGd propcrt.~ .4l11'S ..iIl not b, eon!iderGd bJ tlte Doa:rd ofTromcs ..hen oomidGril1g 4 Ptt:rnL,nt inli'l1 oflmld. l:n'the" <en! of illtlbilit:> of atl.)' 6fthe abo." parties to ttgr" on th, fA;'" lnarkct ..alllG eofthG ~tlbjcct plopert), 411 hldepGndent part}, bGiLlg Ii qtlMa),d Color Adu appr4i~e., shall be .~d,...tcd by lllt1tu.n 4gJ GGl1lellt ,,[tllG f1aJti,,~. Said ~Lld'l,,,.ld...llt part) '!llmdil1~ 011 !"4ir .uM'k..::t ..llltl.:: shall be Gondusi \, <,s to both pa.tks. The pr6p'~ O\),11,r shail pa) the co!!: e.f Obtaittillg melt appJais!l. (b) P4:m.cnt nllt..ic: lJt'lckr this St1bscctio,lSh.111 be: pa.,abk to the: T~wn. SAid pa!mmt . shall bG pa}llblc: plio! to the I~Ofding of.1 fLtal sttbdi.isioll plat, appro.A] c,f A findl J'tc.\uu,d D, ",lopul'J.t Fla.} Ol p. ;0. to &..ll." lllmGX'41:!Ol!. (c) ft!lld!l from PA)l1'lCl1ts in lict! efla:nd dc:dkatiol11j:hall be t:ls<;e '.<<hui. d., by 'the TOMl lthd,'or th, Cumd Cotm~ IIOl1ShLg Amborrt) to M!list \'\litil1:lt( pr() .ision of 4ffurdabk bOl1!.hlg in the T~..n ofTrMCr or hI other arc,}" OfCUll,c Cot1n~ 1:11'611 8. fin..iing b) the I"rlt!cr Oem d of "1'1 l1.MCGS Hldt the 1'l1fC1143' or eon!t1 t1cti(\n of SliGh housing l111itS ot1t.~idc thG T O"11''! bOLlI1dA1 ~e~ ~ ill Ix .!Itld pi 0 ride J di:t "t b,ndh to Ill, T()WI~ ~nd ~~ J'A~d"ldb. (4) :\' othU.g set forth befch! ShAH prcdttdc t~l' o~vn'lld" .doper ana the T 0 ~n from cl!tering h1to 4 nmtttal 4sr"1l1CLlt, 4\'hi,h 4,9 "l1lent !h811 be f,dulXd to. .I/fiting mld (.~c,t:Jted b~ cadI p~, b., ..hiGh onner,'de .dep'l ~gJ:G(~ to PlMidc nlitigation ofafMrdabk h0113illg need 'I Gated. citl.cl directl.)' or indil ,elf), b) his cc. "IOpIl1el.t. The '-\fMrdabk I I"t1~i:tLg Fees I Gqtlu cd b s 10-8-1. and thG laud d,diGat~OL1S J 'quircd in s 1 0-8-2 cl'thi~ Artick, llLZl.y be: !~~~h'~ ;u ""LvI, 61 :Ii p~1:" b.." tll' dl'&u~ \Ylj~,h lb., agt"d tu lxt"t....'ll tl~ TO~Jl and ~h, o\"l,r/d,. dope!. 'nlC .b11OtlM or w.tt(llt of1h( (\1!sct to the f~c!I or dcdi.::atiol'l rcqtlirc111ocnt! ~plicabk to on.lcr,'dc.dop"r'!! i'fopertj,'pr{,j"t sLall be; 4gt"d upon bcmccll the To..n and the 0'''11'1' de <doper MLd 3hall bc il1dtldcd "ithhl thc .i~c'm'n.t identified abo. c. Section 10-8-3 Indhidual Studies. -4. . ýÿ JO. (1) An oWll~r;'d~\"eloper may r~qu~st that an individualized study or report be made relating solely to his prop~rty or project in order to determine whether or not affordable housing d~die;rtic:ms ",""exactions shall ~e r~qujred, and, if so, to detemline the eX1ent or amount thereof Such study or report shall be individualized to the o\mer/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: (a) 'Whether additional affordable housing would be required but fer the o"neridevdoper's proposed proj eel or improvement;. (b) Whether existing affordable housing can adequatdy serve the proposed project without the additional expens~ to construct, expand or improv~ affordable housing: and (c) Whether the To'Wn has historically required, or will require by ordinance, other o\\ners;developers to dedicate similar property or pay an exaction of a similar type or , "1 ill a Sl1lll.ar amoum. The conclusion of such study or report shall contain a reconullendatioIl as to the munb~r and location of affordable housing units to be required. In detennining any such affordable housing to be requir~d of o\\11er;'dev~loper, a proportion shall be established between the total cost of providing or e~-panding affordable housing, on the one hand, and th~ amount or e~1ent of such total cost which is attribLltable to, or is caused or gen~rated by, the proposed development or . improvement, on the other hand. The c.nG-nt of dcdi'Ation or amount of exaction due from ownerl developer mll~1 bear roug.;ly the same proportion to the total cost of providing affordable housing as the need for such housing generated by the o\\ner!de\'doper's proposed project or improvement bears to the general population's need for affordable housing. (2) .'\ny o\\ner/developer may prepare or cause to be prepared, at his sole ':05t and expense. the study or report described in Subsection ( I) hereof Said report shall be in \\ritil1g 3nd. upon the submission of such study or report, the O\...r.erideveloper shall pay a fee of $2,000.00 to offSet the reyiew time and costs ofFraser staffin reviewing said study or report. The stafi'shall review said study or report, and shall comment thereon in writing to the Board of Trustees. Any disagreement by the staff with any of the tindings or conclusions of such study or report shall be delivered in writing to the Board ofTruste~ and shall be specific to th~ project in question. In the event of disagreement between the staff and owner/dev~loper as tc what dfordable housing units are required, the Board of Trustees shall, after public hearing, decide the appropriate number of affordable housing unit;; based upon the owner/developer's and stam' separate studies or reports. The decision of the Board of Trustees shall be fmaL 'Subject only to the right of owner/developer to appeal the sanle to the Grand County District Court. (3) lTpon the eJ\-press requ;;st of the owner/developer, which request shall be made in writing, the Fras~r staff shall, upon th~~ pal ment of a fee to be determined by the T own ~vlanager, undertake -5- . . . the study descri~d in Subse\."1.ion (1) above. Th~ staff shall submit such written report to the owner;develop~r as well as the Board ofTrust~es. 1lIe owneridevdoper may agree with tl1.; provisions thereot: in which case the same shall be submitted to the Board of Trustees as a joint finding and reconunendation. However, if the owner/deYdoper disagrees with all or any part of the staJl:S report, the o....neride\'doper may. at his sole expense, submit a written report detailing th~ o'hner/developer's findings with regard to the criteria set torth in this Subsection (I), and shall submit the same to the Board ::JfTmstees. The BC'ard ofTmstees shall consider suchreport<; at a public hearing lnd shall ultimately cecide whether an ~xaction 01 ::k.L"..ti('h is required, and if so, the e:\Lent or amount of such exaction (,1 d,di'c1~l"ll. The decisicn of the Board of Trustees shall be final, subject to the owner/developer's right to appeal to the Grand County Distril.1 Court. (4) Criteria for D~termination. In deciding whether to impose an affordable housing ~t...Ji..-\t;oJl ". exaction requirement, the Board ofTrustees shall considerthose questions and criteria identified in Subsections (1), (2) and (3), and shall be guided by th~ overriding principl~ that an exaction O1"'tb:dielttion-requirement is unfair, disproportionate and unconstitutional ifit imposes a burden on an owneridewloper which in equity and fairness should be borne by the public in general. However, any exaction or-d...cli'-'<lt:luh lequirement will be in compliance with all existing constitutional tests if the failure of the o\'vner/dtlveloper to provide the dc:di'dtiem ~lt exadion would fail to remedy a public problem created or exacerbated by the 0'hner1dev.eloper's proposed project to such an extent that the Board of Trustees would be justified in denying approval for . the project ahog~ther. Compliance with Ordinance a Condition Precedent to Rezoning or Plat ApJ'roval. No rezoning, (5) subdivision appro\'al, or planned development plan approval shall be final unless and until the o\\ner/developer has selected one of the procedures outlined above and the report required has ~n provided to !he Board of Trustees. ~o rezoning, subdivision approval, or plarmed development plan approval shall ~ deemed final unless and until the Board of Trustees has made a determination as to whether or not an affordable housing dl.dic.ttion tt 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 de.termina lion required in this ordinance shall be guilty of a misdemeanor, and shall be subject to a fme not to exceed $300.00 per day, or imprisonm~nt for a period not to exceed 90 days, or both. In addition to said remedy, the To'hu ~)fFraso;?r may seek and obtain ~ither a stopwork order or an injunction against the continuation or completlon of any construction Of preconstruction activity on a project or improvement until the determinations required her~in have been made. PART 2: REPEAL. Any and all existing ordinances or parts of ordinan.;:~ of the Town of F l'aser covering the same matters as embraced in this Ordinance are hereby repealed and ail'Jrdinances or parts of ordinancc5 inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, .{)- . ----- - ---- --- ------ ýÿ , ' . ~ . that such repeal shall not affect or pr~vent the prosecution or punishment of any p~son for any act done or committed in violation of any ordinance hereby repealed prior to the taking ~ff~ of this Ordinance. P A.R T 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 F ras~ hereby declares that it would have adopted this Ordinance, and ~ch section, subsection, clause or phrase th~reof. irresp~ctive of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereofbe declared invalid or uncom.1itutional. 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 Al'lD SIGNED THIS - DAY OF ____. _. ______.__.___. ..__. __ ..__. __._________ .._.' 2000. Votes in favor: ::_ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: - . BY: Jeff Jolmston, Mayor ATTEST (SEAL) Virginia Winter. To\\n Clerk Published in the \Vinter Park Manifest on ,2000, -7. c '\=~~..~'.vS',:.::MF'.F,~'.:'::,^~._l 'N'?:' . WINTE'R PARK HORSEMAN'S ,AS SO (JIA TI lO N . ' , .t . - :. I i February 3, 2000 , , < , Chuck R~id, Town Manager , Town of Fraser I P.O. Box 20 : I " Fraser, CO 80442 , - Dear Chuck, - , I \ Thank you very much for your-contribution of$1,500 toward the building ofa pavilion at the ' , High Country Stampede Rodeo grounds. When I spoke with you before Christq:tas I indicate~ I "- ~ would get ,back to yo~ with further <;let~ils on the project. I We now estimate the cost of the project to be around $33,000. The pavilion would-be approximately 4;0' x 60' with doors on all sides which could be opened or closed depending on the weather. It would, have a concrete floor and w<:>uld serve the community as'a 'place for small ' 'groups and business outings for barbeques, picnics, family reunions, dances,-etc'., - .... I . As you are aware,' we have some savings but are also making req~ests to the Columbine , . I Foundations, individuals, Grand County Board ofCommissi,oners and IQcal businesses for donatipns. We are requesting businesses to support this project with a donation 'of $5,000 or whatever is possible. We would appreciate the Town of Fraser to consider an additi.onal donation if possible. We realize that this is out of your budget' cyCle. We plan to build in May and June. - Thank you for all the Town has done for us. , Sincerely yours, ,- I I \ "'p~ i B~b Temple, Spo.nsor-Donations C~airman - , , , - - - \ \ Producer of The High Country Stampede -Rodeo, P.O. Box 245 · Winter Park, CO 80482 - , I -- ýÿ "il-!'."r..i:..'>....."J-,"t''''r...!;:;.~:::,;t-::..,::,;..; . NOTES: [~~~!.~~~~}h.-, . 1. ALL SITE CONDITIONS TO BE ;x'cq;"~;.~:~::~::"",O.';;T ,'If t;~..::<._",t'"_ ~ _ .-...... _"'" ,,_..n VERIFIED IN TI-IE FIELD ~;;,;;~,:~;!",~~~~~~i ~I-\o"'''; i'':;~t "":.i!(;-! T!:..'''l' ,''-d\o..- 2. LOCATION OF BUILDINGS IS ;2~:';;:~:;;~~I;;;:t;;'- . APPROXIMATE AND TAKEN FROM O,-'''''''o.;'.,.,,,"",-,,,,r",,,<,,o DRAWINGS AQUIRED FROM OWNER ",CkW"'''',-;F.O''=''''.:,,",, 3. DIMENSIONS OF EXISTING BUILDING ARE TAKEN FROM DRAWINGS i AQUIRED FROM TI-IE OWNER 8 EASTOM AVEf\JUE i Ii I;'i ~ --{..--------------------- i,---r---r-,---rn ; " 0 I I a.: I I \ COPYRIGHT 1999 I ! \ ~ I ! \ a:~ ~ I I \ W i=O ~ I I \ WeC I : : \ ~ c( ~~ ! ! \~ a: 0 Iii \ 0 LL~...J . ~-------------~------~--- L~_~~_2~~~_L~:'l~~_L~~___L_~~n~j '\ ~ ~ ~ I' I \ ~ a: -, \ "'" ww ~--------- ~:I::-r:T::I=T--~--~---:I--:I--~--:T--~--\ Z ~ CI) 30 , 29 I 28 , 27 I 26 I 25 , 24 I 23 22, 21 20, 19 18 r-- :> < < I I I . t I I 'I ~ > a: a: I JROFcbED kDITI6N ! !! ! ! \ ~ 0 0 u. I ANt RENfVATI'fN I 'ii i \ tt\ I- ~ Q Ii!! \ CI) ~ I I I \ '" I ' " \ ,.. I I I - !, ! , ! I I "" \ I I EXI5~ING I I , " TOLUN 'l-4ALL ' , I I i 'i' i \ I L I " " j I I I I I I _{-________ _L_____L~~_____L~_L_____L~__.L_____L__L_______ ! ! ~ DAS>4ED LINE 5I-l0W5 LIMITS IB!I ~ bs' _~II! OF TOWN PROPERTY W 'l---f FRASER AVENUE ~ I . - I o 25' 50' 100' FOOTPRINT AREA = 5~1 SF I SITE PLAN ..... I I TOTAL AREA = 591 SF ~:._ St<""' 1 1" = 50' COPYRIGI-IT 2000 Or'.'" 1 , ! SCALE' 1" = 50' ENVIROSENSE DES!GN BUILD, INC. :-- '" L I . -~ q~ ,,,",-=5 i:"RAh~':;' :"'\!)""1!E .JE.".r'""'5. NOTES: L.=E.F.C'IE,.' "':;.~z<!t; "'.:::;: -='~F. ~;o;>.,."t"""t~ ~~r,'!'". or' I. ALL EXISTING DIMENSIONS AND r!,<,:"~.~;:SE:!)i:~~IIA.::,="":''W . ""-:..""-.l.:-;::'~;;lE-~CtX.~;F.r..t, ..~(;.A!!'I""J1~.\"l'rr~\ff CONDITIONS TO BE veRIFIED ON SITE ~~;:~\'''r.'--:-!F~~A}:''~hi' a:t:?or.,l5"iC~<..>.::',;;;'~6J~""" 2. :-;:.'" SJ<.""-L :;~t,S<: ::;;:""'~"I:...:'::; !:..;:;: ~~i;:";.:.!;"'~,,;~J(l-~:,lt-~( :;-./8 F.:"~:'~I"'~r.g! ',<f~ u;:!'::C~:j;:-,-~.E""...:~C;:R . 'l'><e!~>,,~::;,..'~.~...!."'t !=== ::?.;rt"Jt'h: ,=~..'J..:" ~_' ..<i.1'..~ ; ~79'i"...,F:7~i !.-~2G:. 5,;:U; ~ 8 ill iij ......~ ,,~ I ~[ ~- X Xl ~ TO BE REMOveD I TO REMAIN ~ >< g X d .: COPYRIGHT 1999 " .~-.'" "',": ....,:... ",".' ..... ...... "" >,'.,..... " . ',. ..~.,,: ...,:....'-,' , [OJ [OJ [OJ cJ M N5 a:~ RES RM Wi=o 0-0 WOMENS RESTRf?OM <(See cJ a: ee a: LL~g CONTENTS OF SPACE TO BE LL 00 REMOVED 4 WOOD FRAME /: BENCH 00 . WALLS/ROOF 4 FOUNDATION Oa:~ TO BE REMOveD . "., , '. "'.' ........ ~ - - ZWW ~ (!J (I) / RAMP eeee 6" ELEV o a: a: TO BE REMOvE'i CHANGE 0lL. t-I- / TO REMAIN (I) GYMNASIUM EXISTING WINDOW TO BE REMOveD - Z SILL TO BE CUT FOR NEW FINISH FLR TO :5 MATCH ELEV OF EXISTING FLR CL. Z 0 i= ::J ~ 2' 4' 8' 0 (1) ~ XISTING BLOCKED ~ I I W WINDOWS TO REMAIN a . PROJECT SCALE: 1/4" = 11-011 P.:e-.;;.Q'13 'MEETING ROOM NORT~ -- ---- DEMOLITION PLAN U<:...!~ <:;.....l:r-; 2-_ 2 0l""''1b) 1I4a = f-o'" -;:;-----1 G' 6 ",,-II) ýÿ ~,~ !)J'_r:-;i"K~.'\.Y} 11";; ~s:~ NOTES: t:'f-?:;VC::;' rlE.~.C"'" AP~ ':"'Ht' C"D"l"!":~'!!i:J?f<,r..of.~q-. ~f ;:.!':':.-;C'",~.$r~l:::'.,;T,.,;:,p-,-".:';l.l\l'lto L ALL MEASUREMENTS TO BE FIELD ~1.\!.E.. ""~1 f.i; ;:~G:.~.I.:D, IN \:'"HG:E'c:-t:o-;>~;:. ....'fP'!"'~..Er VERIFIED ':..";F;-':.E':o:.'.L") ~',-~~:\ :,:o;,-<j.f.~H cr ,:-,.,~:;r;";:7"EA~ L-':-..3.'..H Sl.:l.~: !'C'A!>~ ....,.=_sc:::......-='.~....;s:'2.;. 2. ALL FINI5l-I MATERIALS TO MATCI-l ~~r.: r.;.~ ~tn ~.....,;..':~ (j~'~< :1-'.;.;,~\1"-!;:11T"i!Y.."~ ~ EXISTING AND BE APFROVED BY OWNER :j..""~. :;-"(":".(~.:?_~r.c":Jf. . ~I ,'-'::; ~'-;~";:':;':-;~...==;.~i.:....c: ~..,.,....,!',:-.!.:<;:-....-:.i.-e.;::~:....:~:*-::.. 3. DESIGN CRITERA '''0 t.::wiH:..3C.....~ !)j'~:;.'" DI_':li) I ROOF DEAD LOAD - 16 P5F SNOW LOAD - ~1 F5F FLOOR DEAD LOAD - llZl F5F i FLOOR LIVE LOAD - 4lZl F5F 0 111_4" I 0 SEISMIC ZONE 1 r< UJ WIND LOAD - W MFI-l - 2S F5F ~s I "::i: SOIL BEARING ASSUMED TO BE 2lZllZllZl 1;;:::: ~~ /NEW8XI6FTG P5F, ACTUAL BEARING TO BE VE IFIED IN a:~ I!j- , " WI (2)"4 REBAR MIN FIELD ~ 8 LAP SPLICE 24" MIN- ~ 4. SEE PLAN FOR DIMENSIONS .< 0 '" .3lZl" MIN BELOW GRADE S. FINAL GRADE TO BE DETE~INED IN 0 .: L_____ FIELD TO MATCI-l EXiSTING AND I-lA\IE COPYRIGHT 1999 PROPER DRAINAGE OF 1/4: 12 AWAY FROM BUILDING NEW 8" CONC FOUND a:~ WALL IN ICFs - SEE 1---- BLDG SECTION FOR REBAR I I W~O (J)-C AFFROX EXISTING FTG 1i) FOUND I I <8< WALL - NEW FOUNDATION a: <a: TO I-lAvE POSITIVE CONNECTION I LL ::E g TO OLD WI (2) -4 DOWELS 1i) LL 00 FTG . "4 DOWELS 1i) 12" OC I . IN FOUND WALL 00 L____ Oeca: IF ZWW ;: CJ CI) I ---- << I Oeca: I I 0lL. t-I- CI) I I I I I I Z FooTFRINT AREA = ~~1 SF ~ CL I ----------- TOT AL AREA = ~~1 SF z COFYRIGI-n 2c2'00 0 I I ENVIR05ENSE DESIGN BUILD, INC. z~ 00 ~ i=z I I 0:) lZl 2' 4' 8' 00 <u.. I I .... I I . PROJECT RcvY.-" NORT~ SCALE: 1/4" = 11-0" I I FOUNDATION PLAN -- ".... ~:-1=I-""i ,-- 3 Or.)"""E!-y 1/4" = 1'-0" - '" -------. I 6 .!~" ,"-lIS ýÿ 21'-1lZ>~" :1=3 \)?.:."'-::~ '''''".;i It-i;: ~;:.;-~ NOTES: ~,~ :ji.~;:"~::''''Ai<'' . 1E C!Ji'Yrr:~' !,cl.! ?X.,jH-_:t~.y::.:: -{ f- I. ALL EXISTINGJ DIMENSIONS AND Df~: ;;:O~t'R:.: :>:":Jl:j.~~ E,,:;;'l: .t.!":~ .i."t~ !'1;':;1~;;: Pl;.~.~-",~, i.;- ';''':.~.,,-..F. f...~,Jl, ~'~J1:. ""r14~l:( CONDITIONS TO 6E VERIFIED ON SITE ~i':.E.$.O.(.:)Wfi,"'-::=:\,::'f'''T.''I: r;s:~'\~..~...s:; ro"':';::~.i;.",,"~. -.- --- ----- I 2. ALL COMFONENTS TO 6E W..:!:1: S";'o... !:_S€ r';''''",:,1';'::;:;:lt:. i.~ru:=(Ji. :"!.,;'i:-:>''J?F. .:Ji)-g". l'-'.:.,ri .-'I"i. \'.:-:.~:-'~ :r:;;;.l '''';~~ \. AFFROVED 6Y OWNER FRIOR TO $.~:J .....7t;.l!"!;;:.::G5'"~:r.r;Nr;~ . p...;,; '~:~I;I L' ~"R:J.""2':;:". 1>1i- i FURCHASE ~a.W_",~,:! .-;~::~:. 0:" ;If.'I...;?_'o1-::- ":C L"'.."'J.c...-;:........;: fES.'::>"i 3:..'-:'~~ I 3. NEW SINK TO 6E ADA Wl-IEEL CHAIR 11 "-, SINK, 2lZ>" IN LENGJTH . 21" IN WIDTH, r I U \ I -'" I ViTREOUS CHINA, KOHLER K-12~3S OR i "'<t 4" FI6ERMESH CONC i U\ EQUAL I 0 SLA6 WI 2" RIGJID FOAM u ~1 ~ i w INSULATION FULL cv~ "'~ ~~ 6ELOW - SAW CUT ~ ~~ "'~ , z I I ~o GJREEN CONC TO Q :;; I (fI iIJ- ~ X ~OL CRACKS to I 3lZ>" X 48" ~ i Z I ~~ :B . "'<t W I MIN CLEARANCE x 0 b '" U\ OFEN AREA ci I 0: ~ Q "'<t COPYRIGHT 1999 ~ NEW 3'XS' WINDOUJ5"rO MATCH EXIST'''" . APFROvED~ OUk-lER:J a:~ . HAVE NFRC RATING U=.4 ~ ~ OR LESS ~ I G W~O - - ~ CONTROLLING DIMENSI~ U CJ)Oe ~ ALIGN WI EXISTING CONF "- <ce~ I ROOM EXTERIOR WALL a:~a: (Q N U. ::E g NEW D6L 3' X ~'-8" STL DOOR TO 6E AFPROVED 6""'" OWNER U. 00 4 6E THERMAL 6ROKEN WI 00 . ~ FOAM CORE WOME NS o a: a:- I ~ RESTRM ZWW STAIRS AS ~ ~CJ) REQD FOR ~~ ELEV CHANGE RAMF o a: a: DN . OLL 1-1- ~ CJ) , "'<t NEW STORAGE ROOM G YMNAS IUM ci1J~ A-~ Z "'<t --------- iEW DOOR IN OLD WINDOW :s I ((\ A. FENINGJ - NO ELEV CHANGE . a: I FLOOR TRANSITION - DOOR 0 , V 0 6E AFFROVED 6Y OlLNER- FOOTPRINT AREA = &<31 SF 9 WINDOW A60VE TO ALLOW TOT AL AREA = &<31 5F I.L ~IGHT FENETRATION TO COPYRIGHT 2(z)(z)(z) Z tj1A TCH EXIST'G AS AFPROVED ENVIR05EN5E DE51GN BUILD, INC. 0 :y ~ER Ef) t= lZ> 2' 4' 8' 0 C XISTING 6LOCKED ~ I \ < . WINDOWS TO REMAIN ýÿ NOTES: ~('..s ;)T."~~:..."; ~,-:.:; ~"C oc:::~~~ Cf;'>i..":;:;~ i:[~~.."".F.:niE" CO!-....."':;~~!;~:.: "'R'.:o""-f:P.i f v~ 1. ALL EXISTING DIMENSIONS AND ~'"i~CZr:;E ~'<:;','C'43'"_~1 :-...-<:; . $.;'-";~. ~;;.::'! !;;:. ....~;;;;:.~:.{'~.." CONDITIONS TO BE VERIFIED ON SITE ...:w.:...e~-1:e..,,'.:.r;'.il'Il~""''! ~.;."",-:::'i~"? .~:~:-.~,.;; C'Y.<:'"P1T Of ~..."..'~<~..n=.':;;'e-['I~.:&':1:) ~:" Sl~l'. ~'r~ ~-'t..::.,;,"",:.n- 2:: .:sS~ ;;--,::';1 :,.,... ~""'ii'CS= 07H~ r_.f.;'; P:'~ ~'H::'11 ~t!..;. '! n:;~ . ,3~vR:. .;j:".:;};-;~;;""d:T:-~o;')F" 'kf ..;;:'.:,,--:1.: '-:~'::~.r,,;:'. f"*: MTL ROOFING TO MATCI-! :~"'.ji~"'~ ~-,;.~:. Po::: r':::.,.....~..!f;i~ m ii:.....'\';;'.:..;.=..~ c,..:~;,,>-.. &:i";) EXISTING [ - / MTL FASCIA TO MATCH i EXISTING 0 l> r< w ~~, u..~: BRICK TO MA TCI-! EXISTING I;i , I )( . ! 6RICK OF GYM SECTION w ~ . OF BUILDING, NOT 1:l CONFERENCE ROOM ADDITION ~ 6RICK - TO BE AFPROvED g I 0 6Y Ou.NER 0.: COPYRIGHT 1999 a:~ EAST ELEVATION Wi=o (/)-0 V4- = 1-fr <8< a: <a: u..~g firm; u.. 00 . . .~. ' Ii { 00 WINDOI.U5 TO MATCI-! EXIST'G ~ -. t=- ' - Oa:fi' IN SrrLE 4 TO BE DBL BRICK CRNR OFFSETS PANE LOW E WI NFRC TO MATCI-! GYM SECTION ZWW RATING U VALUE LESS OF EXISTING 6UILDING ~ CJ Cf.) TI-!AN .4fZ> << o a: a: I OLL 1-1- U) - [j] DD EX\6T'G- ... '- L I'EW - ~e '. U) ..... " ~ r Z - - --'- -~..... ..- I 0 STL D6L 3~" DR WI TI-IERt1A L Y ~ BROKEN FOAM CORE ~ -' w WEST ELEVATION a: NORTH ELEVATION 0 V4-=1-fr ~ V4-=1-cr w ~ w . Ru_ 6] fZ> 2' 4' 8' FOOTPRINT AREA = ~~1 SF ~ I TOT AL AREA = ~~1 SF ()dt.!--I~- ~-- ? PROJECT COPYRIGI-+T 2000 lJI.)fmby - m NORTH SCALE: 1/411 = 1'-12'11 ENvlROSENSE DESIGN BUILD, INC. I=~---\ 0 :,l!.'-~R.~.\"it:'~-Gk~,;." ~l.'.!:i{Wo NOTES: Dri>I~I4;'_~:;t~AA.'" -,,:; ~?"'~=,.::-m'::: :"l':o-.:..~,;r'l' Of 1. ALL EXISTING DIMENSIONS AND ::Nl,.l"t':-:;:~:~ :)f&.~ :~.IJ..:' t:.~ , ':':~....:....... He; t.: f'..:..~C;:;;':C!.:.O::, "" . ~~ ~_;:.()~ '"' ~)":'i}7. ".:tr."::"")'"" CONDITIONS TO BE VERIFIED ON SITE :x..con!~ ';l,i'~m, ,,:::r...s~:;-..~ . 'JF E.:-t~io-;'::;::':::;~ c;:..'..:.:.... c:..~!.)- 2. ~~~..:....~~::~:.t:.;~5~E V&-:;-f:Jn:'~I'!:--...,'!"::C :e<..J!~ '.:J.:.r:Jnofy.-r:!"n '!"",.;~! .-.;:R..., :':'!;l-...E:J \;Y~'''(''~:-'''''::'l",1h'Y 7><l::I~;".;tO~P-<:.'='':7.1''''", . >:;~~1":::,C3 s.-..:'-U.l'.f. ftE:":".'f'_"If";l 7t't..:,-..'i"i~.;o.:_~L.:::s:.,I'i:~I_"E..:;) '.J .. ~ 0 u .: w ~a ..., ....-ie ~~ I "'.. ' w- N !! g 1l .. 0 0: EXISTING COPYRIGHT 1999 6UILDING a:~ Wi=o (/)-0 <8< a: <a: LL~g TRIM PROFILE TO LL 00 MATCI-I EXISTING 00 '-~. o a: a: STL ANGLE 3 1/2 X 3 1/2 X S/l~ NEW WINDOW ABOVE DOOR ZWW MIN BRG ~" EA END FOR LIGI-IT FENETRATION >- lL ~ C) CI) TO MATCI-I EXIST'G IN OC << AFPEARENCE = ~ o a: a: BRICK VENEER TO MA TCI-I ~ Q ou. EXISTG WI TIES Gl 24" OC ICF CONCRETE FORMS WI ~ - --l I-~ I-IORZ 4 1~" OC VERT 8" CONC WALL WI -4 VERT e 1~" OC I ~ W - CI) 4 (2) -4 1-I0RZ e 3~" OC ~ lL 4" FIBERMESI-I CONC SLAB OVER 2" RIGID INSULATION OVER ~ MIL MIN FOL Y VB. OVER ~" MIN GRAVEL WEEF HOLES e 32" OC FILL OVER UNDESTURBED OR FULL COMFACTION FILL ~ 18" MIN COVERAGE WA5I-1ED '- "- ..... 3/4 STONE WI FILTER FABRIC , , Q. OVER STONE - 4" FERF PIFE Z 8" MIN BELOW BOT OF SLAB- 0 DRAIN TO CATCHMENT FIT TO i= HOLD MIN 1lZ>/z) GALLON DRAINAGE 8 X I~ FTG WI (2) 114 REBAR ::i 0 MIN LAF SFICE 24" ~ W 0 . ...~ ,- . BUILDING SECTION "'" V4-=1-o" u... I "'''" ,.- i 0 Ora"," By - ~.;' .!!;.,."= 0 ....'" - ---- ----;------ , ..4.'..-..... ,',' ..... ". '...~..>" ':J. ". ./.. '.. " ~.', . ~ . , , . , .. '. / . ... .. , , .1. ~' , . . \ .!, . ~. . ..'. . . .. L ,. . .. . ~ '. \ .' . . "', '. . _. ""'. P.o. Box.946 . GRA~BY, CO'8p446 .' PH9NE'.: 970 d;t87 .'~1.74 ..:,'~,.'" ..~.13. J.~SPER'. AVE: .: G~~N'BY, CO :8044~ . ; i:-MA:L': head~aters@coWeblink;nE!~ . .' . ~ ~ . I' .', '. .' '" ~~' ,. ' "',' ".\" " .... ,.";.,.' ,. ......~.... ,;,.>.1 '. ,.' r . . " ", ,., - , . ,..' . .' .' "O.j , .. . . . . February 1 200'0'" . , . ". ". " . ...:, .' . " '-" :, . ,'. ' . . . " . . .. .. . " " "". " '. .. " ", . '.' . Town.of'Fiaser' .. ..' "'. . '._ . , . " .1' : .Chu~k R~ld" M~nager .,," . . .. . ,p 0 B" 120' ",' .. . ' , ;. :OX . ., .'. .,..;.:'. .'. .' Fraser, Co.,80-;J.42:' , ' . . . . . .'. . ' . , . . ~ , , :',..1': . , - '" ,..., , ", .... l...._ . . l . . . ...;, , . '" . ~ " .. / Dear Chuck, " _ " ,t' . ',. .', : I , " .. <, , . . . .' I' :. _ . . . '. . . ", I . ~ / .' _ ...' \.' . -J'.. . _, " On.behalfofHe~dwate~s Trails.Alliance (HfA), 1 would like to th~.the Board'Members of-the' . . '. I . . ToWn ofFraser'(or funding thr~u~.the.Inter-Gov~rnnieritaIAgreen?:etit(iGA) 'f~~ fiScafye~r' '.' ,'.'2000. The Iown's participation 'allowsoui organization 'to .<!ontinu~ dev~loping, protectmg, " . '. . . buil~g'and'maintaiIiing trails ~:Gran,d'Co~ty. .1 amWr:it~g toi'~quest that.thes~~ds b~' sen~ ~: . ,. to.the HfA mailDlg ad~ress above;,in the amouht of$I,575 for the 2000" fiscal year,'.as stated in . . .' 'theIGA. -: '" I " '::. ", '. . ,. ". .', , . , ,;. ..., ".' .:: " .,> ,'. : .,,' . " .' " :'" ., .' '. . " ., '\ ,Thank YQu, for yoUr prior support on th~'Fraser to. Gianby 1;'iail Project (FIG). . We appreciate; .' " , '. . , , an9 un:d~rstan~l.yoUr consideration' ofa 2000 cQntributiQn.to:the project,' : At theJast HfA Board'. . ..,. meetIDg, therewa's.a detailed <ij~us~on about ,the.p~~' aimu~t' con,tn'butionstotlie FIG project by'. ~ " . '. : . the Town of Fi"aser, and comnntments,by,'HfA. 1 wou1~rlike.to'exteridJo yo\dho~e'd~tails. '. i' " \ '\... "'. . "" - I. .' . .' . ~ J . " , ~ ", ,'-. ..... " ':',' ~. ". I .'. ~ , ' ~. ; . Afte,rthe di~cusSion, theHfABoard:,ofDirect~rs feh.ceitain'.thattliere was' no prior' comlnitiD.ent .-...... :::' , ,by HfA to worko~ the ''in':ToWn'.' tniils'.thatwould comiect'~he'FrQ ari.4 sp:orts COIDplex~o the.. " . Library; and-Scho'ol as'in-kind service for th~:$10,0~0 FIG ~ontribll:~ion from ~he Town'ofFraser.. " " . . ' . '. In your conversations with' the fIT A Administrative Direclor, it was uIifortunately assumed that.. . - . : . " this was, a, previ?usly approve~ agreemenfbefore ,he~ employ:. 1 ~pologize that .$s' assumption' ~ , " ... .' was riot corrected sooner." The JIT A J30ard unaninlously agreed that it was never' clearly ", ' -,I conveyed that this endeavor ~as committed by HfA as part hfthat' contribution, " ~.' " , , . .",", '. ~ . .... : . ", I . . ... " Also, weh~veiiad severi~o~verSation~,amongth'~'HtA'Bdard;~d.With:CoUntyofficial~"~ "~".",' , '," \ ...... ... . .., ~ .' . , .' . . \'" . regarding .acces~: from Town, to rpe Spo'rts Cot;nplex. As you ,mow ,there are several'issues with . . . ~. \. ." ,.,.." ., . ' . 'r~specUo private' landowners, Coli!lty ,Road n~~ork, arid future potent~aldeveIQpment, that,", . . .' .,' ,create diffictilty in achieying, ~rail.access. ' :, ' . ., '.' " { .... . " ' '. . ,'. ,"~, " . ~ . . ".' .',' '; '. ,.",,', ,".", .:, :.~ ','" 'AlthouWt.there may~be isSues now"HTA look~ forwardto working:.in the ~tur,e_on the "in-' . ': . ,:,', , , '.:' To~" traif acc~ss,with' th~ Town 9f,F~aser as a,high priority and objectiVe'ofIITA's mission and . ,: :JYI~ster ,P~ti.'IfYou.woul~ like!o discuss'this ~h~r ~tb t~e Board~ pl~a&e' cOAtacf~e~' ". , '. .' . .,'., .' .' ., . . . . ',.' . ."..' " . . . , . . ~ . . . .:- I . . ~. 1. . .~ r" . ,7' If. . " '. r "t: .... ...". " . !o." ' : , . ..' \. ~ " .-.," . . ' \ . I.. ,'..... \' .. t -. . ", . . '. . '. _' . '. . ,-, " I '.. . . '. U NIT I N G 'G RAN D . ':C 0 U NT y. T.H R 0 U\G H. ,T R A I L 5 .. . .. . . II I . . ~.. ., ./ l.r ,: .' . , ". " .w A.'. ,.' '.'. \: ,-:.;, l -. '. .> '" .'. ~6' ~ . ., ,"\. . J :;""!' .. ; '. ,.. <' ; ., " .'. . , .... ," :~ . . . . ", .' : - ,', . . , , ; I,. .' ., ." ; , -- - . , . . , ". . ,J' ." ; I ~ ,'- : '. '.', , .' '. . ,', - '. .' " ' . . ~ . , , . \: ~, " , ) . - . . ,~ . . ,- . .'. . " \ '. Yi e ~n)pre~iate ..yoUr. supp~rti 'an41ook,fo~ard to continufug tl$ pattner~'.. ," , ~" " .., ':" '. '" .' . , '. . ,~',. '\":'; , ..' :<:.~' :' :, '.,:'> ,',' .. '-.,. :,; '~,..' ',:" ,. , , ýÿ ------ 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 E-Mail: fraser@rkymtnhi.com Mr. Steve Burd CEO Safeway, Inc. .... . 5918 Stoneridge Mall Rd. .. . . Pleasanton Ca. 94588 ' . . .. . '.. t.. ." .. . ., . ' , . , . .' - . ~:' '.~. : '~': ;.- :'. , '. Re: "':. Safeway #'.1568, Fraser.. Colorado "c,' . - .':. .~ . '. '~.<:,:,:.: ~":.'.~. De~Mi.Burd. . ... '.. . '. .' ... .. .">,..:.::':,:. In 1998, the Town of Fraser, C910rado. proCeSsed. abus~ess development permit for Safew!ly'~:...~}_::>::~:/:..:.i... .. construction of a 48,~OO s~uare.fo?t "MarketPla~.~;. I?~g the ~ev~lopment ~ermifproc~ss. w~ ~.';::::;'<>"'~~:~ :>, . were told that the store would not mc1ude a pharmacy. This was an Important Issue to us as..our..:....":'.: :~.;. pharmaceutical needs':are cllITeritly served hy asnian family owned business -- a family that is an:....: /':: :' .. integral and important part of our comriiunity. ~ithin the last six weeks, Safeway has requested: '. '-'. -'. ,: an amended development permit to construct a pharmacy within the store, a use by right that is " . . . allowed for YO':ll" site, and construction h~ b~gun on this addition. , ." .' While we' recogniZe your right to have a pharmacy ~ithin your store, we are disheartened by':' , -- '._ Safeway's communication during the dev~l~pment 'permit process and feel that representations. .- . made to us regarding the p~armacy were made for "the sake of political expediency. While we, . are not in a position to challenge yoUr plans for this store, we do feel that we are in position to . request that you more carefully consider how your decisions affect small communities a!ld existing business owners in the future. We are proud of our new Safeway store and we enjoy the neighborly relationship that Safeway works so hard to practice. However, your actions in this case have not been neighborly and we hope that in the future you are able to demonstrate a higher level of community awareness. Sincerely, rE~ {ul Chuck Reid . Town Manager C: Town Trustees Richard Cancilla .... .. ýÿ TOWN BOARD FEB. 16, 2000 The regular meeting of the Town Board was called to order at 7:30 p.m. Board present were Mayor Johnston, Rantz, Soles, Swatzell, Wirsing, Klancke and Sanders. Also present were Reid, Winter and Attorney McGowan. Swatzell made a motion to approve the minutes of the 2/2/2000 meeting, 2nd Wirsing, carried. OPEN FORUM Dan Hartman with the Colorado Chapter of the American Public Works Association Presented the Town with plaque honoring Fraser's Street Improvements, Phase I, as Colorado's small town category "project of the year". Mayor Johnston stated the Town was pleased to received this award and thanked the Association. PUBLIC HEARINGS Annexation and zoning request, FoxRun, Grand County Housing Authority I Soles made a motion to open the Public Hearing, 2nd Swatzell, carried. Exhibits A through N were introduced to set the record. Audience comments were taken. Concerns were expressed with the accesses to the development. . See official minutes of hearing* ACTION ITEMS Preliminary plat, Forest Meadows Staff recommends continuation of the preliminary plat subject to owner approval. Owner gave approval. Sanders made a motion to continue the hearing on the Forest Meadows preliminary plat to March 1st meeting of the Town Board. 2nd Soles, carried. Preliminary Plat and Final Plan Development Plan, East Mountain Filing I. Jack Bestall gave a brief presentation of the proposal for the Town Board. Bestall stated issues still remaining. Open space is required by the PDD agreement to be additional to planning areas at 20%. As proposed the open space is 13%, however they will mandate 55% open space on each lot. The issue of the Bridges rather than the access through Winter Park Ranch was discussed. There will be no access through Winter Park Ranch and this will be included as a plat note. The Town has been given an engineer's report on the structural integrity of the existing bridge, but the report has not been reviewed by Jim Swanson. Bestall also stated that a density transfer would be requested for the lower densities proposed on filing I. 242 units have been reduced in filing I. The water system is in design, with Koelbel's consultants working closely with McLaughlin Water Engineers. The sewer system is in design and Koelbel is working the Fraser Sanitation District for annexation and design. The road standards requested by Koelbel are acceptable, but must be amended in the PDDP or annexation agreement. Rantz voiced concern about roads and how the Town maintains them, also if the existing bridge can take any heavy traffic. Soles further held discussion on the open space issue with Bestall and the audience. Soles stated road grades should be kept under the 9%. Reid reviewed substantive issues remaining to be addressed prior to final plat. These items will need to be made part of any motion to approve the preliminary plat. The Town has not as yet reviewed the report on the existing bridge. Reid reviewed a timing schedule for the new bridges to be built. Further discussion will take place regarding the fiscal impact of the roads on the Town. Reid advised that approval of the FPDP should only be granted with final plat approval. Town Attorney McGowan advised that the issue of open space and road standards could be effected as a result of a modification to the Amended Annexation agreement and PDD plan. Wirsing made a motion to approve the East Mountain Filing No. I preliminary plat with the following conditions: 1. All technical plat details as discussed in the letters between Koelbel and the Town be completed prior to final plat. 2. All requirements for water and sewer service are completed. 3. Proposed roads standards are acceptable. 4. Proposed open space is acceptable. 5. CCRs must be provided prior to final plat approval. 6. All easements secured prior to final plat. 7. Plat note reflecting that no North access through Winter will be allowed. Construction of the bridges will be: 1st bridge by the 1st C.O. or year 2002, 2nd bridge by 25th C.O or 2005. 8. Should the existing bridge be found unsound Koelbel will need to address the problem. 9. Approval subject to negotiation of acceptable and approved specific terms as related to the modification of the Amended Annexation Agreement. ýÿ Motion 2nd Sanders, carried. Klancke made a motion to continue the FPDP approval to the final plat approval with the developers consent as given, 2nd Sanders, carried. BALLOT QUESTION Sanders made a motion to approve Resolution 2-1-00, placing a Ballot question with regards to De- Brucing with no limit of funds expressed, with the right to cancel, 2nd Swatzell, carried. STAFF AND BOARD CHOICE Reid reviewed the schedule for the Planner interviews. Planning Commission meeting has been cancelled for Feb. 23red. Rantz would like to pursue a proposal for appraising the Church property. Swatzell advised that a light bulb was out on the stop light at Safeway. Johnston is gathering information on financial guarantees from developers that other entities are requiring. No further business, meeting adjourned at 11:30 p.m. ----~----------- - MINUTES OF A REGULAR l\'IEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO The Board of Trustees of the Town of Fraser, State of Colorado, met at the Town Hall in Fraser, Colorado, the present meeting place of said Board, in regular session, at the hour of ~ o'clock p.m., on the L day or.d.t', , 2~. The meeting was called to order y the Mayor, and upon roll call the following were found to be present, constituting a quorum: Present: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Absent: D There were also present: Town Manager, Chuck Reid; Town Clerk, Virginia Winter; and Town Attorney, Rod McGowan. OTHER BUSINESS The next item of business on the agenda was a Petition for Annexation submitted by the Grand County Housing Authority, regarding certain property adjacent to the Town boundaries and the proposed zoning of such property. Mayor Johnston then called to order the public hearing on the matter. It was duly noted that a Notice of Public Hearing had been published as required by law and proof of publication of such Notice had been received from the Winter Park Manifest. Additionally, it was noted that the Town Clerk had complied with the provisions ofC.R.S. 31-12-108 and notified the County Commissioners, the County Attorney, school district and special districts as required by law of the hearing on this annexation. Attorney McGowan indicated that the total annexation area was less than 10 acres, which would not require that an annexation impact report be prepared. Mr. McGowan advised that he had examined the Petition and had found it to be in substantial compliance with the applicable provisions of Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965. Mr. McGowan further advised that the Petition was signed by the owners of one hundred percent (100%) of the property proposed to be annexed, exclusive of streets and alleys; and as a result, the Board could annex the property by Ordinance. The Board was turther advised that if it wished, it could proceed with the annexation since a quorum was in attendance. , ýÿ The following Exhibits were presented to the Board for its consideration in the annexation and zoning of the subject property: Exhibit A - Petition for Annexation Exhibit B - Annexation Map Exhibit C - Resolution No. )).-t -1%fthe Board of Trustees, setting this matter for public hearing Exhibit D - Notice of Public Hearing, regarding annexation of subject property Exhibit E - Publisher's Affidavit of publication of such Notice of Public Hearing Exhibit F - Certificate of Mailing of Notice of Public Hearing to government offices, pursuant to c.R.S. 31-12-108 Exhibit G - Notice of Public Hearing, regarding zoning of subject property Exhibit H - Publisher's Affidavit of publication of such Notice of Public Hearing Exhibit I - Certificate of Mailing of Notice of Public Hearing to property owners within 200 feet of the boundaries of the subject property Exhibit J - Annexation Agreement Exhibit K - Proposed Annexation Ordinance ~xlJibit L - pa Zo)ling hce d '. ~ ~7J1 -, . ~ Jf!-.t ~~~ V ~M 71 -,."". . 'SZhtV~') Wt?V , , Trustee moved that the above described Exhibits be admitted as evidence in c nection with the pro ed annexation and zoning of the subject property. Trustee seconded the motion. The question being upon the passage of said motion, the roll ed with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: {/ There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. - 2 - ------ ------ ýÿ The Board then heard evidence in the nature of testimony from Town staft: the Applicant and the general public. The Board discussed and considered the evidence, including the Exhibits described above. /! Truste~ moved that the following resolution he passed RESOL VED, that the Board of Trustees tinds and determines as follows: (1) That the Petition for Annexation, a copy of which is attached hereto, identified as Exhibit "A", which by this reference is made a part hereof, is substantially in compliance with Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965; (2) That it is desirable and necessary that the territory set forth in such Petition be annexed to the Town of Fraser; (3) That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Fraser; (4) That a community of interest exists between the territory proposed to be annexed and the Town of Fraser; (5) That the territory to be annexed is urban or will be urbanized in the near future; (6) That the territory proposed to be annexed is integrated or is capable of being integrated with the Town of Fraser; (7) That the requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, as amended, exist or are met; (8) That no additional terms and conditions are to be imposed upon the area proposed to be annexed, other than those terms and conditions agreed to by the petitioning landowner and the Board of Trustees as set forth in the Annexation Agreement identified as Exhibit J; and (9) That no annexation election is required under Section 31-12-107(2), Colorado Revised Statutes, as amended. ~ Truste . . seconded the motion. The question being upon the passage and adoption of said reso . n, the roll was called with the following result: - 3 - , ýÿ Those voting Aye: Mayor Jeft' Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: 0 There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. Trust~~11 moved that the following resolution be passed: RESOL VED, that the Board of Trustees hereby approves the Annexation Agreement, a copy of which is attached hereto as Exhibit J, and the proper officers of the Town are authorized to execute such Agreement. Trustee . }~ seconded the motion. The question being upon the passage and adoption of said resoluti , the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: {/ There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. - 4 - , ----------"-------- Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE APPROVING THE ANNEXATION OF CERTAIN TERRITORY TO THE TOWN OF FRASER, COLORADO. Mayor Johnston stated that said Ordinance had been drafted by Town staff pursuant to authorization previously given by the Board. The title of said Ordinance was read, and the Ordinance is as follows: See attached Exhibit "K", which is a complete, true and correct copy of said Ordinance, and which by this reference is made a part hereof. It was then moved by Trustee v and seconded by Truste~/;./I.-/' that all rules of this Board which might prevent, s suspended, the final passage and adoption of this Ordinance at this meeting be, and the s hereby are, suspended for the purpose of permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the adoption of said Ordinance and suspension of the rules, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: 0 There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. then moved that said Ordinance be passed and adopted as read. econded the motion. The question being upon the passage and adoption e roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles - c - -' , Tmstee Mike Rantz Those voting Nay: None Those absent: .1 u There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding ofticer declared the said motion carried and the property described in said 0 inance annexed to the Town of Fraser, Colorado. ( Trust then moved that said Ordinance be published in the Winter Park Manifest, ~he same be' a newspaper of general circulation in the TotOfFJ said publication to appear as soon as possible in said newspaper. Truste~ 'PI) seconded the motion. The question being upon the passage and adoption of said motion, and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: t/ There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. Mayor Johnston thereupon instructed the Town Clerk to file copies of the annexing Ordinance and map with the proper ofticials as required by Section 31-12-113, Colorado Revised Statutes, as amended. Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE ZONING NEWLY ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. Mayor Johnston stated that said Ordinance had been drafted by Town staff pursuant to authorization previously given by the Board. The title of said Ordinance was read, and the Ordinance is as follows: - 6 - , See attached Exhibit "L", which is a complete, true and correct copy of said Ordinance, and which by this reference is made a part hereof It was then moved by Trustee ~Itt&.~ and seconded by Trustee ttJ~/~ that all rules of this Board which might p~vent, unless suspended, the final passage and ad IOn of this Ordinance at this meeting be, and the same hereby are, suspended for the purpose f permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the adoption of said Ordinance and suspension of the rules, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None /\ Those absent: C/ There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. then moved that said Ordinance be passed and adopted as read. rJ econded the motion. The question being upon the passage and adoption ce, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: C7 - 7 - , ýÿ -----~---- There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding ofticer declared the said motion carried and the property described in said Ordinance zoned as provided therein. < Trustee then moved that said Ordinance be published in the Winter Park Manifest, the same bein ewspaper of general circulation in the To of raser, said publication to appear as on as possible in said newspaper. Trustee - , seconded the motion. The question being upon the passage and adoption of said mo . , and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Rebecca Swatzell Trustee Robin Wirsing Trustee Kit Klancke Trustee Cheri Sanders Trustee Dennis Soles Trustee Mike Rantz Those voting Nay: None Those absent: 0 There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. Thereupon, after considering other matters not concerning the foregoing Ordinance, upon motion duly made, seconded and unanimously adopted, said meeting was adjourned. TOWN OF FRASER, COLORADO BY: Mayor ATTEST: t/;'/;fI(~lf)~ (SEAL) ~ Town Clerk - 8 - /.: :.: ;_;' I: JTr<~_: . ('( )(_: