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Home My Public Portal AboutTBP 2000-03-15 ., " . ~ TOWN OF FRASER 'I . .'1 . ~, P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 .FAX Line: (970) 726-5518 I . E-Mail: fraser@rkymtnhi.com TOWN BOARD AGENDA REGULAR MEETING MARCH 15, 2000,'7:30..p.m. 1. Roll Call ' " 2,' Approval of2/16/00 and 3/1/00 minutes' , . 3.' '. Open Forum I . 4. . Public Hearings' 5. ActioQ. Items . a) .Ordinance -' an ordinance setting an affordable housing impact fee. b) Resolution ; a resol~tion setting the housing impact fee. 'I 6. Discussion Items 7. Staff Choice a) ,Update on Community Development Director search b) .' GCWSD building permit. , 8. Bo~d Choic~ Upcoming Meetings March 22,2000: Planning Commission regular meeting April 5, 2000: '. Town Board regular meeting, the seating ofa new Bo~d Ap~112, 2000: Planning Commission special meeting . " . April 19, 2000: Town Board regular meeting . " ." .' J , , " 'I " , TOWN OF FRASER' ,~ i . "Icebox 9f ,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 ' , " " '. ' ' '" Manager's Briefing:, March 1~, 2000 ' , "' , Jeff Durbin accepted the Community Development Ditector po~itio~ yest€(rday and is scheduled [ to begin work on May 15th! I'm very excited,about having Jeff join our team and look forward to ' " ' the professionalism and background that he'll bring to Fraser. On a more somber' note, Jim Tucker is out on ~edicaJ. leave ~d will probably be, out f~r the next tw,o months. I know we all '. ", wi~h him the best in his chalh~nges. . ~~ ,I . . Wednesday night's meeting begins with a 6:00 workshop to discuss the affordable housing , regulations. Rod McGowan and special counsel Jed Caswall will be present for this discussion, . , along with all Board candidates and representatives from ,the Town of Winter Park. While the, : workshop is planned as a public meeting, Rod may,request that we move into execlitive session, . depending oil how the conversation progresses. ' ' " . . I The regular'meeting looks short'':'''': the ?~y action items relate to the,h~)Using ~egulations, See you Wednesday! ;. . ~I :1 . , II ;, . ' :1 " ýÿ - - - -- ,I I: I TOWN OF FRASER ' , , , . ., I " I P.O. Box '120 /153 Fraser Avenue Fraser. Colorado 80442 ' , (970) 726-5491 , FAX Line: (970) 726-5518 E-Mail: fraser@rkymtnhj.com TOWN BOARD WORKSHOP March 15, 2000 6:0.0 p.m. ' :i 1. Affordable housing regulations, Town Attorney Rod McGowan and contract-attorney' led Caswall will be present to'~isc:uss the proposed affordable housing regulations. While this discussion is planned as a public , meeting, the Town Attorney may request, at any point durin~ the dIscussion, to mov~ into '" executiv~ session. Supper will be served for 'the Board, Board candidates; and Town of . Winter Park Cou~cil Members and, staff ~ho have been asked to join :us for this discussion. .. \ I i , . ~I . " , ',I ýÿ ------ --------- ----- ------ ------ .1.:- , . 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 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 bearing* 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 151 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 as additional 20% in all planning areas, As proposed the open space is 13%, however they will mandate that all . of the lots have 55% open space. r O~e,( .~ - - -- - --- --- ------ ," .. . The issue of the Bridge~ 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 finaI'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 e.O. or year 2002, 2nd bridge by 25th e.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 . i- t . 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. . ýÿ ,. , . MINlITES OF A REGlJLAR MEETING OF THE BOARD OF TRllSTEES OF THE TOWN OF FRASER, COLORADO The Board of Trustees of the Town of Fraser, State of Colorado, met at the Tmvn Hall in Fraser. Colorado, the present meeting place of said Board, in regular session. at the hour of ~ o'clock p.m., on the LL day ofd/,. ,20<<1. 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: 0 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 I, 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 ----- ------ -- --------- 1 . The following Exhibits were presented to the Board tor its consideration in the annexation and zoning of the subject property: Exhibit A - Petition for Annexation Exhibit B - Annexation Map Exhibit C - Resolution No. p-t ~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 Exhibit L - pa Zoning ~ce td - .;& ~771 - ~.-.. rf/$e"4u; V . trM' 71 - tZA-~~t?r Trustee moved that the above described Exhibits be admitted as evidence in c nec ' on 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 stall: the Applicant and the general public. The Board discussed and considered the evidence. including the Exhibits described above. Truste~ moved that the following resolution be passed: RESOL VED, that the Board of Trustees tinds and determines as follows: ( I) 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 ro\l was called with the following result: . - ') - ..J , ýÿ . . . Those voting Aye: Mayor JetI' 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: RESOLVED, 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: CJ 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 - , ýÿ . . 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 and seconded by Truste~hJ 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: ~ 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. T then moved that said Ordinance be passed and adopted as read. Trustee econded the motion. The question being upon the passage and adoption of said Ordina 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 . co - .J - , ýÿ . . Tmstee Mike Rantz Those voting Nay: None Those absent: 6 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, the same b. a newspaper of general circulation in the TO~ said publication to appear as soon as possible in said newspaper. Truste~ 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: ~ 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 officials 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 - , ýÿ . . . 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 :;~~ and seconded by Trustee 'ttJ~~ that all rules of this Board which might prevent, 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. 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: 0 . - 7 - , , -, . There being a quorum of the Board ofTmstees 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 i\lanifest, 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: tJ . 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 T own 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 A TTtJT '11/;111 ~tf)~ (SEAL) ~ Town Clerk . - 8 - .' . . :.; I j';'!-: ~: . : I II : ýÿ --- -- ------ ------ ------------ - ---- , j , . . . MARCH 1, 2000 TOWN BOARD The regular meeting of the Town Board was called to order at 7:30 p.m. Board present were Mayor Pro-tem Soles, Swatzell, Sanders, Wirsing, Rantz, and Klancke. Staff present were Reid, Winter and Havens. Minutes of the Feb. 16th meeting were tabled. UPDATES Catherine Ross gave an update regarding the Chamber activities. Ross also updated the Board on the Housing Authority progress with the FoxRun project. Bill Sumerlin, Grand County Weed Control gave a presentation on Noxious weeds. A workshop will be held March 22 regarding methods of control. Members of the Fraser Valley Rec. District discussed their need for acreage to build a recreation center and asked if the Town had any land that could be used for that purpose. They need approx. 8 acres. The Board expressed that they could not comment to any land at this time but would work with the District. . ACTION ITEMS PRELIMINARY PLAT / FOREST MEADOWS VILLAGE Owner Peter Stalland reviewed the proposal and asked for support with the Corp.of Engineers on the wetland issue in filing II. Reid reviewed the issues regarding this plat. The plat shows Filing I and Filing II. Filing II however is in the wetland and no approvals for land use can be given in this area until wetland issues are resolved. Board discussed driveways as designed. The ROW of Doc Susie was discussed and if ROW should be acquired at the narrow width. Snow storage must be better delineated and calculated in the land summary. Duplex #2 must be moved. Staff recommendation is conditional approval as follows: 1. Conditional approval on Filing I. Filing II will not be considered until approval is given by the Corp. 2. Written waiver from owners acknowledging that no vested rights are assumed on Filing II. 3. Driveway access to Doc Susie and Elk Creek drive limited to one per duplex and fourplexes. 4. Internal trails meet subdivision standards. . 5. Duplex #2 be moved. - DV ~( - --- ----- -- --- - --- -- ---------- ., j . . - . Swatzell made a motion to grant conditional approval based on all of the staff's recommendation" 2nd Wirsing, carried. DISCUSSION ITEMS Rantz submitted proposal for an appraisal for the Church of the Eternal Hills. Board would like staff to make sure what kind of an appraisal is required for future needs and get other proposals. Reid would like to hold a workshop on March 15th at 6:00 p.m. to review the proposed Housing Ordinance. Attorney's Rod McGowan and led Caswell will be present to discuss the Ordinance with the Board. Board briefly discussed the PIF study prepared by McLaughlin but has additional questions. US West is requesting to install a cellular tower in Town. Board needs further information. Board reviewed the Winter Park Horseman's Assoc. funding request to help build a pavilion at the Rodeo grounds. Board tabled this request. . Reid discussed the storage room addition to the Town Hall. Board advised Reid to go forward with the project. The Town will be the general contractor. Reid discussed the core sample on the Safeway access road that has been discussed in the past. He has a proposal for 5 cores at a cost of $1700. Sanders will take this information to the EG Water committee. Reid advised that Grand County Water and Sani. District has submitted final design on the treatment plant. Reid will review the submittals. Havens stated he has hired McMahann and Associates for the 1999 audit. Wirsing made a motion to hold an executive session to discuss a personnel issue and to instruct the Town Manager in negotiations, 2nd Rantz, carried. Wirsing made a motion to come out of executive session, 2nd Sanders, carried. No further business, meeting adjourned at 11 :00 p.m. . ýÿ . . , , . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE ESTABLISHING AFFORDABLE HOUSING REQUIREMENTS WHICH AMENDS 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 existing as a body corporate and politic under the laws ofthe 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 Stl)tutes, Title 29, Articles 4 and 20, Title 31, Article 23, Parts 2 and 3, and other statutes; and WHEREAS, the governments in Grand County have participated in studies relating to the need for affordable and attainable housing including the following: The Fraser Comprehensive Plan update, 1986; Grand County 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; and WHEREAS, Grand County is served by the recently reorganized Grand County Housing Authority which administers County-wide housing programs and recommends housing policies in accordance with the provisions ofC.R.S. ~29-4-201 et seq.; and WHEREAS, it is well documented that growth within Grand County and the Town from new construction of residential units and commercial space has created a demand for more permanent and seasonal jobs; and WHEREAS, new employment resulting from such growth has created a greater demand for existing housing units within the County and the Town; and WHEREAS, 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 construction in Fraser has generally been for high cost housing units which further exacerbates the problem of supplying affordable housing units; and . ýÿ . . . . . 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; and WHEREAS, elected officials representing the county and its six municipalities have made a commitment to formulate a County-wide policy regarding housing requirements for building permits, subdivisions, planned developments and annexations; and WHEREAS, the governmental entities throughout Grand County 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 County in a manner which is constitutionally permissible, but which will not create a competitive advantage or disadvantage to one jurisdiction over another; and 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 WHEREAS, the Board of Trustees finds that the legislative action of adopting the provisions set forth in this ordinance is necessary to protect the h,ealth, safety and welfare of the . Town's residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT TO TOWN CODE. The Code ofthe Town 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 REQUIREMENTS Section 10-8-1. Affordable Housim~ Fees. (1) The Town shall collect a fee set by a resolution adopted by the Fraser Board of Trustees for every square foot of new habitable construction that occurs within the Town boundaries, except in a PDD Zoned District. This fee shall be considered an impact fee and shall be used to mitigate the housing need created by the new development. 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 fee. The Town Building Official shall determine which new construction is considered to be habitable or constitutes an accessory . . . . . building. The applicant for a building permit shall pay this fee to the Town by writing a separate check to the Town. The Town Building Official shall not issue any building permits 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. (2) 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 10-8-1 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 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. (3) Certain development or annexations may be eligible for a waiver of Sections 10-8-1 and 10-8-2 based on criteria established by the Fraser Board of Trustees. Section 10-8-2. Individual Studies. . (1) 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: (a) Whether additional affordable housing would be required but for the owner/developer's proposed project or improvement; (b) Whether existing affordable housing can adequately serve the proposed project without the additional expense to construct, expand or improve affordable housing; and (c) 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 - ýÿ . . .. . 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. (2) Any owner/developer may prepare or cause to be prepared, at his sole cost and expense, the study or report described in Subsection (1) hereof Said report shall be in writing and, upon the submission of such study or report, the owner/developer shall pay a fee of $2,000.00 to offset the review time and costs of Fraser 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 staff with any ofth(( findings or conclusions of such study or 'report shall be delivered in writing to the Board of Trustees 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 Board of Trustees shall, after public hearing, decide the appropriate number of affordable housing units baseci upon the owner/developer's and staffs' separate studies or reports. The decision of the Board of Trustees shall be final, subject only to the right of owner/developer to appeal the same to the Grand County District Court. . (3) Upon the express reque,st of the owner/developer, which request shall be made in writing, the Fraser staff shall, upon the payment of a fee to be determined by the Town Manager, undertake the study described in Subsection (1) above. The staff shall submit such written report tothe owner/developer as well as the Board of Trustees. The owner/developer may agree with the provisions thereof, in which case the same shall be submitted to the Board of Trustees 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 Subsection (1), and shall submit the same to the Board ofTrus~ees. The Board of Trustees shall consider such reports at a publi~ 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 Board of Trustees shall be final, subject to the owner/developer's right to appeal to the Grand County District Court. (4) Criteria for Determination. In deciding whether to impose an affordable housing dedication or exaction requirement, the Board of Trustees shall consider those questions and criteria identified in Subsections (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 - ýÿ -- " -0 . owner/developer to provide the dedication or exaction would fail to remedy a public problem created or exacerbated by the owner/developer's proposed project to such an extent 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. No rezoning or subdivision 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 Trustees. No rezoning or subdivision approval shall be deemed final unless and until the Board of Trustees 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 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 a stopwork order or an injunction against the continuation or completion of any construction or pre-construction activity on a project or improvement until the determinations required herein have been made. . PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; provided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases thereof be declared invalid or unconstitutional. PART 4: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by law. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF . TRUSTEES AND SIGNED TIllS _ DAY OF MARCH, 2000. .. .... . ... ..... J . Votes in favor: BOARD OF TRUSTEES OF THE - Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: - BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on . . - ýÿ - -- . TOWN OF FRASER RESOLUTION A RESOLUTION SETTING THE HOUSING IMP ACT FEE WHEREAS, on March 15,2000, the Town of Fraser adopted Ordinance --.J an ordinance establishing affordable housing requirements; and WHEREAS, Ordinance _ stipulates that a housing impact fee shall be set by Resolution; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT THE HOUSING IMPACT FEE BE SET AT $3.00 PER SQUARE FOOT OF NEW HABITANLE CONSTRUCTION WITIllN THE TOWN OF FARSER AND THAT TIllS FEE DIRECTLY PROVIDES FOR THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF FRASER, COLORADO AND OUR SURROUNDING COMMUNITY OF THE UPPER FRASER RIVER VALLEY. MOVED, SECONDED, APPROVED AND ADOPTED TIllS _ DAY OF MARCH 2000. For: Against: . Abstain: FOR THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO TOWN OF FRASER By: Mayor Attest: Town Clerk . - .. T<?WN OF FAA ' , I~box of lbe Na.o~.!'R . "" " " ' ' . . " 0 P.,? Sox 120/153 . Fra Fraser Avenue . " ser, Colorado 80442 , FAX Line' (970) 726-5491 ' E-MCiil: frase'r~~~) 726-5518 ymtnhLcom . " ,. , " . I 1" ,~ALJ~lJN.bafr . . .... ..... . . .... .... '.. ". : . 0, 11" . .' . , " . . .. ' " ' .' I tv-: . r. ., 1\ ,W/,' . . . .~~. ~ . ." .' . . . , ' f .' . . . ' . . .' . r l-IDild pL t 111'v',.lttpl.~ c~~'d;Mh .. , ",' . . t~ . ".$t ~wr~OAJi~ *:'. . Itf~~ flft'. . '. . ' . . " nolbt't11 fttffL ," ,I . ". i tnJfblJ,. . . /oD~ J ~ ~V' .~ ~ W~ . . :. &Jid~~ r. t~f'JJ)\-h l,t, , I- .' . . "fYI,f. .' .. ,.' . . '. . , . ~ . 'I' , ., ,.' 'I'" , " ~ . ALPERSTEIN & COVELL, Pc. . A T TOR N E Y 5 A T LAW DONALD W. ALPERSTEIN 2350 COLORADO STATE BANK BUILDING TELEPHONE CYNTHIA F. COVELL 1600 BROADWAY, DENVER, COLORADO 80202-4923 (303) 894-8191 EDWARD M. CASWALL FAX -'- (303) 861-0420 SCOTT A. CLARK February 29, 2000 VIA FACSIMILE TRANSMISSION (970) 887-9430 Rod McGowan, Esq. Baker, Cazier and McGowan P.O. Box 500 Granby, CO 80446 Dear Rod:' . Thanks.for sending me a copy of the latest draft of the proposed Town of Fraser affordable , , housing ordinance. My observations and comments wi'tIi. respect to same follow. I suppose the most fundamental concern I have about the current draft relates back to one of the comments I made previously in my letter to you of November 23rd, wherein I expressed reservations about a proposed "one size fits all" fee. While the current draft deletes the specific $3.00/sq. ft. fee, I am assuming the town still intends to adopt by subsequent resolution a single per square foot flat fee that will apply to "all new habitable residential and nonresidential construction." Because I am not aware of how the earlier $3.00/sq. ft. figure was arrived at, or the methodology and studies/surveys utilized to calculate or support the fee, perhaps my concerns aroundthe single fixed fee are not fully justified. However, and despite that lack of information, I still question the legal soundness of the proposed "one size fits all" fee. This is so because the fee is specifically identified in the ordinance as an "impact fee" intended to "mitigate the housing need created by the new development." Different types of development will generate different impacts on housing, yet, as I understand the draft ordinance, all development will pay the same per square foot fee. For instance, a 15,000 square foot self-storage facility will have a distinct and, undoubtedly, less burdensome impact on housing than the impact generated by a 15,000 square foot lodge which may employ eight to ten staff persons. To assess the same fee on two such diverse developments may be viewed as irrational (unless the fee is based upon the cost of land analysis as opposed to an employee generation formula). In ,contrast, note that the last paragraph on page 3 of the ordinance under Section 10-8-3, Individual Studies, quite correctly states that the "amount of exaction due from . owner/developer must bear roughly the same proportion of the total cost of providing affordable housing as the need for such housing generated by the owner/developer's proposed project. . ," See also c.R.S. S 29-20-203 (1999). It also must be kept in mind that the fee may only go toward ~- ýÿ ~ . , .. . ALPERSTEIN & COVELL, Pc. . A T TOR N E Y 5 A T LAW Rod McGowen, Esq. November 23, 1999 Page 2 offsetting new or increased affordable housing deficiencies and not toward addressing preexisting needs or housing shortages. In illustration of my concern about a one-size fits all fee, I have provided for you herewith a copy of a very detailed law review article about affordable housing impact fees published in the Spring 1993 edition of the Urban Lawyer. Another item in the ordinance you may wish to check is what I perceive to be an inconsistency with regard to the exemption to the impact fee for development within a PDD as set forth in Section 10-8-1(1), and the requirement in Section 10-8-3(5) that "[n]o rezoning, subdivision approval, or planned development plan approval shall be final unless and until the owner/developer has selected one ofthe [impact fee]) procedures outlined above. . ." Also, I am wondering what the . rationale for exempting PDD's from the fee is? I do not find an affordable housing mitigation requirement or review standard in Fraser's PDD zoning regulations. Given the apparent need to get this letter to you quickly, I have confined my comments to the major items as noted above, although I have other less significant issues that I could forward you if necessary. Let me know if I can be of additional assistance. Very truly yours, --- ~~-~ Edward M. Caswall EMC/skm xc: ~ck Reid, Town of Fraser (via fax w/o attachments) . D:\Client Files\Fr.1Ser\McGownn Letter :!.29-00.wpd ýÿ .. .. - -- BAKER, CAZIER AND McGOWAN . O(~aa> q;~ OF PROFESSIOr\AL CORPORATIONS 62495 U.s, HIGHWAY 40 EAST BOX 500 JOHN L. BAKER. P.C, GRAN BY. COLORADO 80446 STANLEY W, CAZIER, p,c. TELEPHONE (970) 887,3376 RODNEY R, McGOWAN, P,C. FAX (970) 887,9430 --- Rod McGowan rod@mcgowDD-pc.com February 25, 2000 Board of Trustees Town of Fraser PJ), J3G,,:'; 20._ Fraser, CO 80442 CONFIDENTIAL AND PRIVILEGED Re: Affordable Housing Ordinance Ladies and Gentlemen; I understand that the Board will consider the latest draft of the Ordinance providing for . the collection of impact fees for-affordable housing at its meeting on March I., 2000. I am writing this letter to confirm our previous discussions regarding the draft Ordinance and the legal issues pertaining thereto. As we discussed, the legal authority in this area is in a state of flux, as a result of the Court of Appeals decision in Lot 34 Venture v. Town of Telluride, now pending review by the Colorado Supreme Court. In that case, the Court of Appeals struck down certain affordable housing mitigation requirements adopted by Telluride, on the grounds that such requirements constituted a form of "rent control" prohibited by state law. The rather vague and sweeping nature of the decision has called into question the validity of various municipal regulations concerning the provision of affordable housing, not only in Telluride, but also in other municipalities throughout the State. Unt.il the Supreme Court renders :.ts opini(~r: in the case, there';vii I !Je some 'W1Cl':ltainty as wnat type ,Jf aft()rd,.ble hOlls'ing requirements ;ue al10wable under Colorado law. Although the affordable housing fees contemplated in Fraser's draft Ordinance are somewhat different from the requirements at issue in the Telluride case, it is possible that the Supreme Court's decision may have some impact on the validity of the regulations being considered by Fraser. Another important consideration is the limited authority of Fraser, as a statutory municipality, to adopt regulations of the type being considered. Unlike Winter Park, which is a home rule municipality that enjoys special powers to legislate in matters of local concern, the Fraser Board of Trustees only has the specific legislative powers that have been delegated to it by . the state legislature by statute. The existing Colorado statutes do not specifically grant to the c: \WP\LETIEflS\8oard or TrUStees, - .w~n ýÿ --- -- --- - - . Board of Trustees February 25, 2000 Page 2 Board the power to impose impact fees as a means of mitigating the affordable housing needs created by development. There are statutory provisions contained in Title 29, Article 4 ofthe Colorado Revised Statutes, granting limited municipal powers with respect to affordable housing. Those statutes provide for the creation of Housing Authorities and authorize municipalities to contract indebtedness and impose property taxes for purposes of constructing affordable housing. However, there is no mention ofthe power to impose fees or other exactions on development as a means of raising funds for affordable housing, nor is such authority specifically provided in the subdr,vis!on statutes or elsp.where. Accordingly, the proposed Fraser regulations could be challenged on the basis that they are not authorized by state law, and the Town would have to depend on the legal argument the authority to adopt such fees should be "implied" from the existing limited statutory powers granted to the Town. A somewhat similar case was addressed by the Supreme Court in its 1996 decision in Board of Co. Commissioners v. Bainbridge. There, Douglas and Boulder Counties had adopted school impact fees, which were collected on all new construction at the time of application for a building permit or certificate of occupancy. These fees were intended to offset the costs of new . school construction caused by development within the respective Counties. The Supreme Court found that, although the Counties were authorized by statute to require dedication of lands for schools or payment of fees in lieu thereof in connection with subdivision applications, they had no express or implied authority to exact additional impact fees at the building stage. As a result, the two Counties were forced to eliminate the impact fee requirement and to refund those fees that had already been collected. Although there are important differences between the facts presented in Bainbridge and those involved with the proposed affordable housing impact fees, the similarities suggest that the proposed Fraser regulations very well might be challenged on similar grounds. If such a such a challenge were brought, it is hard to predict what the ultimate outcome would be. Unfortunately, Fraser is in a more vulnerable position than Winter Park with regard to the proposed impact fees, in that Winter Park's home rule status gives it greater authority to legislate in local matters of this type. The practical effect is that Fraser's regulations may be considered an easier target by development interests or others who want to challenge the impact fee requirements in court. There are other potential legal arguments that might be raised to challenge the proposed regulations, including the argument that the fees are in reality a "tax" that cannot be imposed without voter approval. The Ordinance might also be challenged on the grounds that the impact fees are not roughly proportional to the impact created by the development, as required by the . decisions of the U.S. Supreme Court in the Nolan and Dolan cases. While I do not view these - - . Board of Trustees February 25, 2000 Page 3 potential challenges as being as troublesome as the Bainbridge case, there again is no guarantee that a court would uphold the regulations in the face of such challenges. The purpose of this letter is not to try to dissuade the Board from adopting the proposed Ordinance or other regulations addressing the need for affordable housing. Whether to proceed with such regulations is a policy decision for the Board. However, it is my duty, as Town Attorney, to apprize the Board of the apparent legal risks and considerations inherent in the adoption of the proposed regulations, so that the Board can make an informed judgment on how best to proceed. As noted above, this correspondence constitutes a confidential communication protected by the attorney-client privilege, and I would recommend that it not be disseminated or disclosed except to members of the Board of Trustees or to individuals who are authorized representatives of the Board. . Rodney R. McGowan, P .C. RRM:sw Encl. Copy Sent by Fax to Fax No. (970) 726-5518. pc: Mr. Chuck Reid, Town Manager . ýÿ