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Home My Public Portal AboutTBP 1996-09-18 . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX LIne: (970) 726-5518 TOWN BOARD WORKSHOP AGENDA 9/18/96,5:30 P.M. (supper will be served) 1. (5:30) Maryvale -- PDD conceptual revisions 2. (7:00) Air quality ordinance discussion with Catherine and Ron Cousineau, CFS TOWN BOARD AGENDA REGULAR MEETING SEPTEMBER 18,1996,7:30 p.m. 1. Roll Call 2. Approval of 9/4 minutes 3. Open Forum ./ 4. Home and Bosiness Improvement awards /, , 5. Jim Hoy -- Visitors' Center discussion /~ (!;-.- 6. Staff Choice Au Truffles parking request and development permit discussion v. ~t. Q@f:.R&fS'3. Ma.yvale update ~ Support Letter for the Fraser River Nunpoint Source Pollution Control Pr(~iect 7. Board Member's Choice Regional Planning Commission 8. Executive Session Property Acquisition MEETING SCHEDULE REMINDER September 19th: Joint Fraser BoardlWinter Park Council meeting and supper 6:00 p.m. at Fraser September 25th: Fraser Planning Commission regular meeting October 3rd: Joint Fraser/Winter Park budget request workshop at Winter Park ýÿ e . September 18, 1996 Marvvale LLC Town of Fraser items for discussion to help with density reduction consideration: 1. 1000' CuI de sac and flag lot distance criteria that is generally accepted in Grand County. 2. Divided roads allowed as dual access. 3. Main bike path system along Fraser Parkway and connecting to current Highway 40 path via Village Center Drive (Leland Creek). No requirement for bike paths or sidewalks in planning areas IIW, 12W, IE 2E, 3E, 4E, 5E, 6E, 7E, 8E, 9E, and lIE. Bike paths and sidewalks in all other planning areas will be reviewed on a case by case basis. 4. Fraser Parkway to be responsibility of Town between parcel 7W and 5W. Two lanes from the north of parcel 7W and two lanes from the south of parcel 5W will be the obligation ofMaryvale. All land necessary for four full lanes, bike path, sidewalks and median per existing right-of-way requirements will be dedicated to the Town. 5. Parcels IE through 7E to be served by a gravel road and well and septic systems. 6. Chip and seal to be allowed within any planning areas. Asphalt will be used on Fraser Parkway, Village Center Drive and within planning areas lW and 4W. 7. Town of Fraser to aggressively assist in obtaining access approval from Winter Park onto Kings Crossing Road from parcel II Wand 12W west of the railroad. 8. Work with Maryvale in discussing agreement with Grand County Water & Sanitation to serve via intergovernmental agreement. 9. Allow a sales tax rebate of approximately 1.4% from the golf course and retail businesses that locate in Maryvale. 111is rebate will be used to pay for specific infrastructure as agreed to by the developer and the Town. 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 TO: Mayor Johnston & Town Board Members FROM: Catherine E. Skelton G5 DATE: Friday the 13th RE: Air Quality Ordinance Several months ago, the Town Board discussed adopting an air quality ordinance for the Town. Since that time, stan' has dratled the enclosed ordinance for the Board to adopt. With all the Maryvale, etc. happenings, Rod McGowan has not had an opportunity to review and comment on the draft as of yet. The slash burning section of our ordinance is essentially the same as what the county has proposed. The enclosed article voices the opinion that the slash burning procedure may not work. Ron Cousineau from the Colorado Forest Service will be here ''''ednesday night from 7:00- 7:30 p.m. to discuss the Forest Sen'ice's involvement ami make other !Iluggestions to the draft ordinance. (One point in particular is that he feels it may be a mistake to make the private homeowner jump through all the hoops to allow him/her to burn slash, because these individuals who bum slash are helping diminish the fire hazard potential. ??!! ) Please come with questions and comments. We hope to wrap this up and get Rod to finalize the ordinance as soon as possible. '. . . . .. #, Sky-Ill News I Daily Tribune, Thursday, August 8, 199.6, Page 7 I ;' . No one knows how weather bureau, they feed his data" Into a computer and in time the developer gets I slash burning scenario an udvlsory on weather. And the old- timers will tell you this still docs not . will work in reality guarimtee the right day for burning. . : To the Editor: 3) The big prob1t~m here Is that D.Q The county held hearings on smoke county official at Ihe hearing co~1d s~y, with precision how this scenarto Will and air quality on July 30 and another wOIk. No one coutd say exactly what the hearing is set for Aug. 20 at 1 :30. Coun- role of the foresler would be, when he ty and building regulations arc up fo~ re- comes out, how many times he comes visions that will dampen the home fues. out how many times he will charge the Many are affected, many should attend. $48 fee and how long it will take on a given day to Let I s get a reply recognize, from the thut the state bu- ptanning reaucracy depa~tment on whclher faces gen- ," ' . tll hurn or uine proh- ','....,.: L":'-' tt::"::1'1 not. Thai's 1I Icms iu ,.." e e reci pe for . . . . . ...- . .. "-. .... .-...... .-- , - ...... . ,.,.,.. litigation. growth-re- ,;illil\l:ll.li~lli~\ill\i,I\I\\\\[\I'\\:lll\l[:.::\.111.:li:,:lil.,:.,:'-:::;\(:111:\:[:\\:'\::::\'\\'\:I::;\1\\~~t;i\:'i\\i.; ,Ii\\i\I:I\t\~;I\li',;lii:,..:j;i\;\i.::'i:l\i:\i::::::..ii::,:::..M.[ii.::::!::l::'j; lated areas. The people 4) A who built grave mistake is that the State Forester this country - ranchers and loggers and will have no liability for the fire. In olh- miners - are now a small minority. Our er words, he has authority without re- economy is driven by former city sponsibillty. That is bad law. dwellers. Good government accommo- dates interests. " d" . ~ 5) The terms "developer an pn- , But even if we grant all that, the pro- vale owner" are not clearly defined. t posed changes reveal serious problems. 6) We are told this would not aflply , Let's look at some of them and offer a to private parties. Will they write that , 80'ullon. into the law? . 1) 111e basic flaw in the proposals is Affordable forest management re- that the demand for clean air conflicts quires burning. Standing dead trees have with safe burning practices. to be removed, thinning is good for the 2) Slash burning by developers will forest. These things reduce hazards from fire and beetles. But chipping puts a lay- be severely regulated by the proposed er of garbage on the fragile forest floor. statute. The plan is to have developers A pile of ashes is less harmful than a apply within 10 days of a hurn to the pile of chips. And cheaper. State Forester, who wi1l come out lInd ( inspect the site and make some tests. So who urges this proposal? Evi- Then, on the day to burn, the developer Continued on Page 8 cans the forester, the forester calls the -.--""'--'--."'-- --_.~-.~_._-...~..._-~...--_..._-_.._~.._. ...._.~._....- .--.-. u_ ., . . ... I> Page 8, Thursday, Augu~1 R, 1996, Sky-iii New~ {'I he Daily Tribune Continued from Pnge 7 tnhle c()ver~ and lace curtain!': at the wln- P: de nee at the hearing wa!l "seveial phone dows flll1(lc me think about somewhere calls from residents of fraset Valley. II ncto!lS Ihe ocean, llnd mote often than f( Will the conlll1lssloncrs make Ihese not, the pC(lple al the next table adulllly phone logs available? l!l Ihe Inil alone wele from another cbuntry. We hope 'Ib end of Ihe counly wagging Ihe dog? Ihey crill find II WllY 10 come back to Urand Flnlllly, a L II k e \VI ~imple ~oltl- n e x I 111 I ion: If Ihe (/:1n- summer. Cf gel is !nver- S sillll. 1('1 Ih(' Th(' 1'('J';1l1l hlllllil1g II I h (' r qll fit(' \'.'('alh thillI' I\'f' f I IlIlI (' a II. If h (' (' II conditions al(' Ihinking r righI, let him aboul is s burn. thl1l the ~ area hlls three beautiful lakes that no one f nut let's not turn thill over to a bu- else has, And they could be used to good I IClI\lctacy for control. ThaI gmn::rnlees advanfage by a wtlOle week of water ac- s irrilation, del::rys, goofup~ and lawsllils tivilics to include all the people of than- t - all at con~lderable expense to clll- hy and Grand Lake. t zen~. ~ l! Max Mote There could be beautiful sailboat r Uranby rllces and maybe a sail boating clinic for f kids and adults - maybe even sailboat I Area should put its rides. There could be the wooden boat ( show and maybe a fishing bont show, c natural 'attributes to plus safely demonstrations. l1tere could lllUch greater use be a prote~slonal water ski show at Lake Granhy and maybe sailfin races. And 1b the Editor: there must be a way that the fabulous lighted boat parade could be resurrected I .t\vo unrelated thlng~ I've been think- ing about this summer: And to top it all off, how about a big The fir~t, how sad thntthe Scandina- fi~h boiltike the Oreat Lakes areas have - nnd a Orand Chorale show one week- vian Kafrce House no longer doe~ hu~i- end night. .tbese ate thlng~ the area has ness Olt the main street In Grand Lake. to he proud of and should be celehrated. More than n titlle we ml~s the Swedish ~ pancak~!'1 and IIngonherry !lauee llnd big Donna Houghton I sinh!! of h:lm for hrenkfast. '111C oilcloth Orand Lake EII!ICOUNTRYIAIlD I -, . MORI' ^"(~ 17 - SET'T ') . ""Fm n ýÿ l'IUO-14 -1 '3'36 14:56 FRClI'.8,f'l TO . 726'::.'5- 18 P.02 . . TO\\'N OF FRASEI{ fID{JJa\~~ ORDINANCE NO.' AN ORDINANCE Of THE TOWN OF FRASER. COLORADO, REPEALING ARTICLE 7-8 OF THE FRASER MUNICIPAL CODE AND SETIlNG FORTH CERTAIN PROVISIONS TO CON'J ROt AIR POLLUTION WITHIN HiE TOWN. AND PROVIDING DETAILS WITH REGARD THERE"! 0 WHEREAS, the Board of Trustees of the Town of Fraser has fOWld and dctcnnined that air quality is an importlmt component ofthe health, s.1fety. and welfare of the c;tilens and community of the Town of Fraser: WHEREAS, the Board ofTru~tees of the Town of Fraser has found and detennined that the B~)ard has a duty to protect and improve air quality and preserve the scenic natural resources of the commlUuty by the contTOI, prevention, and abatement of air pollution in and around the Town of Fr~er. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO. THAT: PART 1: _~AMENDMENT IQ.IOWN CODE.__ The Code ofLhe Town of Fraser. Colorado is hereby amended by repealing Article 7-8, and subsequently adding a flew artide to said Code enti,tled "EnvirOllmental Quality- Air Pollution Controt;~which shall tead as follows: Purpose: The Fraser Board of Trustees hereby finds and declares air quality to be an important component of tile health, safety, and welfare of the citizens and comnnmity ofthe Town oJ'Fraser and the Town Board has a duty to protect and improve air quality in And around the TO\\11. and to pre!';erve the scenic natural rcsource~ of the community It is further declared that the control, prevention. and abatefl1ent of air pollution within the TO\\11 of Fraser is a matter of significant local inlerest and concern, To this end, thl"se regulations are intended to achieve the following ~pecific purposes. ^ To protect the nir quality in the 'I own of Fraser B. To reverse the bend towards increased air degradation in the Town of fraser, C. To provide heat sources that are etl1cient ,and have a reduced air polluting effect. Definitions: 8uildinl?: any sttucture built for the shelter or enclosure of any use or occupancy, '-' Buildmg qlficia/: tbe official or other designated authority charged ,\ith the administration and enforcement of the Uniform Building Code and Ule TO\'11'S code, AUG-14-1'396 14:56 FRO.C8J'l TO . 72E,SS18 P.O.3 . fIDflJDJ ~ 1Y Certified 11oll-solid.!llf'l lnmlmg de";('e: :l device which bums a non-solid fuel, such as natural gas, liquefied petwleum, or ~jmiJar fuel in :m appliance and/or device which has been approved by Underwriter's LabOTatory, American Gas Associates, or the Building Official. Cert!lled solid filel huming device: a solid fuel bunting device which is certified by the Ai.r Pollution Control Di\oision of the Colorado Department of Public Health and Environment, to meet the emission standards set forth in Section IV of regulation #4 of Volume 1 ofthe Standards of the State Air Quality Contlol Commission. L>welling Unit: one or more rooms in a dwelling designed tor occupancy by one family for living purposes and having not more than one kitchen. D\f:dling, .)'illg1e Family: a detached building designed exclusively for occupancy by one family. [)wcIlJnr.? "Iulli Familv: a building designed for or occupied by two or more t., .~ families living independently of each other. F ami~r: one or more persons occupying a single dwelling unit and maintain.ing a common household, but not including boarding or rooming houses, lodges, hotels, motels, tourist courts, or similar uses. Idle or Jdling: the running of the engine of a motorh:ed vehicle of any type whatsoever "'hile the vehicle is not being operated for its intended purpose, on either public or private property within the Tovm of Fraser. Slash fmming: a method of clearing forested ateas by cutting down and burning "egetati on. Solid F ud Burning Device: any fuepla,ce, sto\'e, firebox, or other device intended and/or used for the purpose of burning wood, coal, puJp, paper, pellets, or other non-liquid or non-gaseous fuel. ff* Any word, term, or phase n,ot herein defined or specifit'd 5hall be defined in accordance witb the Town of Fraser Zoning (:ode. ** I. ýÿ AUG-14-19'3E, 14:57 FRO.CRr.! TO. 72E.S518 P.04 . , (ffJ[jJf}j ~. ~ Solidftuel Burning Dni~es A No perso~ finn, or cooperativc shall install, or replace:) solid fuel buming device, or gas appliance with.in the Town of Fraser without first obtaining a building permit in accordance with the Uniform Building Code as adopted by the Tm\-l1 of Fraser. B. No person, firm, or cooperative shall inst.A1I or replace a solid fuel burning device unless the solid fuel bunting device is a certified solid fuel burning device, C. LimitatiotJ on the number of devices: l. Detached siugle famity dwelling for \~hich a building pemlit is issued after cflective date of this ordinance may have no more than one (1) approved solid fuel bumiug device per dwelling, 2, Duplex units, or a building v.'ith two d\velHng units, for which a building pennit is issued after effective date of tltis ordjnance may have no more than one ( I) approved solid fuel burning de"lce per dwelling, 3, No solid fuel burning device shall be allowed in apartments, condominiums. townhousc, hoteVmotel rooms. accessory buildings, accessory apartments, restaurants, bars, commercial and industrial buildings other than one ( I ) approved solid fuel burning device per lobby or other main Contmon area, 4. Any non-approved solid fuel burning device that requires replacement, relocation, or significant modification, must be removed and/or replaced with an approved solid fuel burning device, or applOyed non-solid fuel burning device, D, To encourage the conversion of wood bUl'TJing fireplaces and non-certified solid fuel burning devices to certified solid fuel bU1l1ing devices, gas log fireplaces, and gas appliances, a rebate of $100 00 shall be paid to any building owner who converts to a certified solid fuel bunting device, g8$log fireplace, or gas appliance, E. Any solid fuel burning devices wJtich are pre-existing before the effective date of this Ordinance shall be exempt from the provh:;ions set forth in this Ordinance. However, if said solid fuel burning device is replaced, it must be replaced with A certified solid fuel burning device, or a certified non-solid fuel bunting device. Slasb Burning A Any property Owner who is contemplRHng the clearing of forested areAS is Sfl'ong{v encouraged 10 mulch, separate for firewood. or use other methods whi,ch do not involve bunting to remove slash materials from ~u~iect property. B. Any property O\~l1er who does use burning rnethod~ to dispose of slash materials must contact the Colorado State Porest Service. and the East Grand Fire Protection Oi~tTjct to receive direction on optimum buming methods. The property o\\neriappliC3ut shall follow the direction of the East Grand Fire Oistrict, and the Colorado State Forest Service. ýÿ AUG-14-1996 14:58 FF:eBC8J-I TO . 7265518 P.0S . . . \IDill~~~ C. The property owner/applicant must contact the Colorado State Forest, Service a minimum of ten ( 10) days before a burn is to occur, to request a day-of-bum weather forecast ,\'hich \VjJJ be c:onductcd on~site. allowing the Colorado State Forest Senice to forecast smoke dispersal at the location of the proposed bum, A fet will be chArged for each site visit. Smoke dispersal forecasts must meet n minimum standard set by the Col,orado Forest Service for a bum to occur on a chosen date. Engine Idlidg (R.fpt'~1 Artid@ 7-8. EXcf'lsfn Idlidg of l\Iotorizrd Vtbld~) A ft shall be unlawful for any person to idle or pemlit the idling of the motor of any stationary motor vehicle for a prolonged or urneasonable period of time detemlmed herein to be fifteen ( 15) minutes or more within anyone hour period, B. This section shall not apply when an engine must be operated in the idle mode for safety reasons, including, but not limited to, the operation of cranes and fork lifts used in the construction industry. Appeals Appeals of orders, decision or determination m~de by the building official relative to the application and interpretation of tlus ordinance shaH be heard by the Fraser Board of Trustees, The decision by the Board of Trustees shall be final. Penaltie8 Add Enforcement AllY person convicted of a violation of any provision of thi!; chapter shall be punished by a fine not exceeding three hundred dollars ($300,UO) or by imprisonment not exceeding ninety (90) days. or both such fine ~lfld imprisonment. Each and every day a \'iolation of this chapter exists shall be deemed A sepamte offense PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Ftaser covering the same matters as embraced in this Ordinance ate hereby repealed and all ordinances or parts of ordinances inconsistent with the pro,,-j~ions of this ordinance are hereby repealed; provided. however, that such lepeAI shall not affect or prevent the prosecution or punishment of any person for Rny acl done or committed in violation of any ordinance hereby r.epealed prior to the taking effect of this Ordinance, PART 3; SEVERABILITY. If any section, subsection, sentence, c1au..qe. or pbasc . of this ordinances, for any reason, held to be invalid or uncotlstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of tlus Ordinance, The Town of Fraser hereby declares that it would have adopted this Ordinance, and each section, subsection. clause or phase thereof, irrespective of the fact that anyone or more sections, sl1bsections, sentence~, clauses llnd p"ases thereof be declared invalid or unconstitutional, ýÿ f:lUG-14-1'39E, 14:58 FP. Beg"., TO. 7265S,18 P.06 . . . . ruJOOffi~V PART 4: EFFECTIVE DAlE. This Ordinance shall take effect immediately after passage, adoptio~ and publication thereof as provided by law. READ, PASSED. ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIONED THIS DA Y OF ,19 -- ',.-- -- BOARD Of 'IR USTEES OF THE I TOWN OF FRASER. COLORADO BY: Jeff Johnston,. Mayor ^ TTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on ....... . J.9 -',