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HomeMy Public PortalAboutTBP 1998-10-07 l . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 TOWN BOARD AGENDA REGULAR MEETING October 7,1998,7:30 p.m. 1. Roll call APprov8.t of minutes from 9/16/98 . \ ; :2. 3. ' , Open FOIum ' , 4. Chamber of Commerce Update: Catherine Ross' . . -...., :PubUcHearlngs .' L'. 5. .-'. , a) , A public hearing to consider amen~ents to Fraser's SubdivisionRegwations b) A public 'healing to consider creation of the Byers . Vista Special'lni.proveinent , District. '. ' '7 ' , c) A public hea.rln8 to consider a moratorium on certain development within the Wellhead Protection Area. ' " . ," , " ,,' 6. Action Items 1 " a) Ordinance ~ an ordinance approving and adopting amended subdivision regulations. \- . ' b) Resolution ~ a resolution adopting a fee schedule for subdivision processing. c) Resolution l'O'\I . a resolution adopting a formula establishing park land dedications, and fees-in-lieu of park dedications. d) Resolution U, a resolution adopting a formula establishing school land dedications ;r, fees-in-lieu of school land dedications. e) Resolution 0' a resolution adopting Chapters 2 - 10 of the Grand County Storm Drainage Design and Criteria Manual. , ,. t) Ordinance 1/P . an ordinance creating the Byers Vista Special Improvement District No. 1998-1. '" g) Resolution IO'"}. a resolution approving a contract for services from Morrow & Sons to complete the water line improvements in the Byers Vista Special Improvement District. , ~1. 5'50 h) Ordinance 1,tf . an ordinance approving a moratorium on certain development in the Wellhead Protection Area. ýÿ . . . 7. Discussion Items a) Fraser's "3 Mile Annexation Plan" 8. Staff Choice 9. Board Member's Choice a) Board of Adjustment & Appeals appointment b) Recommendatin to the Board of Adjustment & Appeals regarding Paula Sheridan's request for a variance from the zoning code. Upcoming Meetings October 14th: Town Board Budget Workshop October 21 st: Town Board regular meeting October 28th: Planning Commission regular meeting November 4th: Town Board regular meeting .t -... . . I TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 Manager's Briefmg Hooray!! ! Its time to take action on the amended subdivision regulations!!! This has been a long process and upon adoption, Fraser will have some of the best subdivision regulations in the State.. Kudos to Catherine for shepherdingthis project! . : Wednesday's meeting is full of public hearings and decisions. Nothing new --just lots of actiop-i<. . ',' I'd like to begin with an executive session at 7:00 to discuss penmng negotiations -- I'd also like:'.,,: , '" . to ask that Rod McGowan .and Vicky Wmter be present for this discussion. , ' , ',: -; , ,', , ' . - , ., . . . . , ". . ,. Idon't have anything new to share about the ~enda, except to fill you in ~n a zoning variance,~,:<:., request we received from Paula Sheridan. Paula wants to build a garage~c'While she can m~ the,. ' setbacks, she can not meet the setbacks if she grants 'an~ement to the Fraser Sanitation DiStriQ! /. ,': ". who has a sewer line. running along her northern propertY boundary (the line Currently does, ~()t i ':. ' have an easement). So the SanitationDiStrlct has asked Paula for an easement. If she grants the .,'::" . . '.' , . , .. . " .. ~. easement, the garage design does not work as its construction woUld impede on the easement" ' The Board may make a recommendation to the Board of Adjustment & Appeals, if you choose:' ,: on this issue. More details are enclosed. ,...', . , Other updates: . we've heard from a few of the Byers Vista owners. A couple have asked that their assessment be reduced for one reason or another. We'll introduce these into the record on Wednesday. . we've also heard from a few landowners who do not want to be included in the i-mile " plan. We'll talk more about this during the discussion items and we have invited these landowners to come to the meeting. See Catherine's enclosed memo. . we're talking to The Manifest about publishing the subdivision regulations.. We're paying attention to both price and readability. Have a grand weekend!!! ... . TOWN OF FRASER ''Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Une: (970) 726-5518 TOWN BOARD WORKSHOP OCTOBER 7,1998,7:00 p.m. .' . . ,1. ' . Execimve Session: distmssiligpending nego!iatiQ~ (To~ Attorney McGow~Manag~,Reid,' . : andClerkWmter).'-.,.... ..... . . . . ,.' - , ' "I ,'-. _: t. .," , ~.. , .'-" . -, ,,' .- , . ,- .- ~. . -'" ;' .' ;;. ' ~4 "". <" 4.: .i . . :', ,'" '. ::- l" ~. . l., .. , - ,~ " '- j. . i'" ',r_ .... ... -'-., ";':j". " . ,~,c '. .:.-", ." .,," '. , I --/. . '. ." , . :'1 '. " ., . ~ -". '." , , . . TOWN BOARD SEPTEl\ffiER 16, 1998 The regular meeting of the Board was called to order at 7:30 p.m. Board present were NIayor Johnston, Swatzell Klancke, Soles, NlcIntyre and Sanders. Swatzell made a motion appro\Jing the 9/2/98 meeting, 2nd Sanders, carried. RESOLUTION 9-2-98 E911 The E911 intergovernmental agreement was re\Jiewed. This new agreement changes the cost on phone bills from $.50 to $1.00 if the Authority is granted approval by the PUC for the increase. This increase will help pay for costs to keep dispatch in Grand County. Klancke made a motion to adopt Resolution 9-2-98, motion 2nd by :McIntyre, carned. T\"\-'IN SPIRITS II FINAL PLAT AND AS BUILT PLAT Trotter re\J'iewed the Plat as well as a variance that has been granted for open space on this project. Staff recommends approval. Owners agree to furnish a drainage solution on the lot. Soles made a motion to approve the final an As Built Plat on Twin Spirits Townhomes IT, 2nd Swatzell, carried. ORDINANCE 253 RESTRICTING HOlJRS FOR SITE WORK Board discussed this proposed Ordinance with regards to reasonable hours that site work can be accomplished with regards to protecting the peace expected by neighborhoods. McIntyre made a motion to adopt Ordinance 253 as an Emergency Ordinance allowing site work for residential and commercial only between the hours of 6:30 a.m. to 9:00 p.m. Monday through Friday and 8:00 a.m.. to 9:00 p.m. on Saturday and Sunday, motion 2nd Sanders, carried. ~1cIntyre, Sanders, Swatzell, Klancke, Soles and Johnston voting aye. No nays. STAFF CHOICE Board rC'iiewed correspondence from Wilson and Pascal with regards to water being in their crawl space problem. After lengthy discussion Board ~i1l100k into the matter further before commenting on the correspondence. Offer to purchase the old Library structure was reviewed. Board authorized a counter offer to the Library on a SL'" year payback. The Bronze statute that will be placed at the Library will have the unveiling ceremony Sept. 15th at 2:45 p.m. ýÿ . . . Reid and Tucker attended a CDOT meeting regarding the new highway access code. Reid discussed how to classify different sections of the Highway. Sanders questioned the St. Louis water line and would like to work on a plan to serve the ranch from the St Louis intake. No further business meeting adjourned at 9:00 p.m. . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING AlMENDEDSUBDIVISION REGULATIONS OF THE TOWN OF FRASER. WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Part 2, the Planning Commission and Board of Trustees of the Town of Fraser are authorized to adopt and amend subdivision regulations applicable within the Town and to property within three (3) miles of the Town boundaries respecting a major street plan: and WHEREAS, the Fraser Planning Commission and Board of Trustees have previously adopted the Fraser Subdivision Regulations, as now contained in Chapter 12 of the Code of the Town of Fraser; and WHEREAS, the Planning Commission has held a public hearing regarding proposed amended Subdivision Regulations and considered the comments of the public regarding said Regulations; and WHEREAS, the Planning Commission has approved and adopted such amended Subdivision Regulations, by Planning Commission Resolution No. 9-1-98, subject to final approval by the Board of Trustees; and WHEREAS, the Board of Trustees has reviewed said amended Subdivision Regulations and believes the same are in the best interests of the citizens of the Town of Fraser, Colorado. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: ADOPTION OF AMENDED SUBDIVISION REGULATIONS AND AMENDMENT OF TOWN CODE. .L..l Chapter 12 of the Code of the Town of Fraser. Colorado (herein sometimes referred to as the "Town Code"), entitled "FRASER SUBDIVISION REGULATIONS", is hereby amended in its entirety by the adoption of the amended Subdivision Regulations set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 1.2 Said amended Subdivision Regulations shall be applicable within the corporate limits of the Town of Fraser, Colorado, as such limits exist from time to time subsequent to adoption of this Ordinance, and also applicable, with respect to a major street plan. to property within three (3) miles of the corporate boundaries of the Town of Fraser. Colorado. U Said amended Subdivision Regulations shall be published in pamphlet form and made available to the public at cost. , . . 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 THIS DA Y OF , 1998. - Votes in favor: BOARD OF TRUSTEES OF THE - Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: - BY: Jeff Johnston, Mayor A TrEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1998. -2- ,": r,l/IN[l..r/J:~" :~F"."",L r-.n.:" :.~~,'.p_:..,....WP(1 ýÿ I . . TOWN OF FRASER . I I RESOLUTION NO. A RESOLUTION TO ADOPT A FEE SCHEDULE FOR SUBDIVISION PROCESSING PURSUANT TO ORDINANCE NO. - WHEREAS, the Planning Commission by Resolution No. _ and the Board of Trustees of the Town of Fraser by Ordinance No. _, did adopt revised subdivision regulations for the Town of Fraser; and WHEREAS, Section 12-1-10 entitled "Fees" provides that the fees shall be paid in accordance with the current fee schedule established by Board resolution; and WHEREAS, the Board of Trustees has reviewed a proposed fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, AS FOLLOWS: 1. That the Fee Schedule attached to this Resolution and described as Exhibit "A," and incorpomted herein by reference, is hereby adopted as the Subdivision Fee Schedule as referenced in Section 12-1-10 of Ordinance No. ~ regarding subdivision regulation. 2. The Board hereby finds that said fees are reasonable and fair with respect to the anticipated administrative and out-of-pocket costs that the Town is likely to incur as a result of the activities generated by subdivision processing. 3. The Board hereby finds that said fees are necessary for the public safety, health and welfare of the citizens and residents of the Town of Fraser. 4. The Board of Trustees hereby retains the authority to amend said Fee Schedule from time to time by appropriate Resolution. DULY MOVED, SECONDED AND APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, TIllS _ DAY OF . 1998. BY: Jeff Johnston, Mayor ATTEST: BY: Virginia Winter, Town Clerk (SEAL) ýÿ . . . EXBmIT "A" FEE SCHEDULE (1) Minor Subdivisions: $125.00 per unitllot created with a minimum of $400.00 (2) Maior Subdivision: (a) Sketch Plan: $75.00 per unitllot created with a minimum of $250.00 (b) Residential: Number of unit/lot Fee 1-5 $150 per unitllot, with minimum of $600.00 6-25 $75 per unit/lot, with a minimum of $750.00 25-99 $65 perunitllot, with a minimum of $1040.00 100+ $55 per unitllot, with a minimum of $3025.00 (c) Commercial: $250.00 per 10,000 square feet or fraction thereof, with a minimum of $750.00. $250.00 per acre or fraction thereof for a linear subdivision, with a minimum of $750.00. (3) Subdivision Exemption: (a) $150.00 per unitllot created, with a minimum of $300.00. (b) There will be no charge for subdivision exemptions that consist entirely of lands being dedicated to the Town. (4) Subdivision Plat Changes Prior to beinV Recorded and Contractual Reviews: This fee will apply to any subdivision plat that has been granted final approval, but not yet recorded when the plat changes are not major such as to require a fee for resubdivision, but the new plat changes the building arrangements or other general planning aspects for which the Town has previously approved The applicant must obtain approval from the Planning Commission and Board This fee also applies to the review of subdivision improvements agreements, or contractual obligations that are required by these regulations and are required to be updated and reviewed periodically: (a) $250.00 (5) Resubdivision: Fees shall be determined in the same manner as new subdivisions described above. (6) Plat Amendments: (a) $250.00 (7) Variances: (a) $250.00 for each variance. (8) Time Share or Interval Ownership Subdivisions: (a) Additional fee of $50.00 per unit. (9) Right-of-wav and Easement Vacations: (a) $250.00 per vacation . . (10) As-Built Plats: (a) Minor Subdivisions: $200.00 (b) Major Subdivisions: $300.00 (11) Publication Fee: The applicant shall pay the cost of publication for each publication required. Ifre-publication is necessary due only to Town error, the Town will pay the re-publication charge. (12) Mailin!! Fee: The applicant shall pay the mailing cost for notification of adjacent property owners. (13) Recording Fee: The applicant shall pay for all recording fees. (14) Inspection Fee: The applicant shall pay all public improvement inspection fees. (15) Other Fees: (a)The applicant shall also be required to pay for additional costs made necessary by review incurred by the Town for the services of professionals, consultants, or review agencies, other than Town Staff, during the review and consideration of the proposed subdivision Eursuant to these regulations. The Town will send invoices to the applicant or expenses incurred as the Town is billed. All invoices shall be paid in full prior to final Board approval. (b) The applicant shall also pay for additional costs made necessary by unusual and more than ordinary review incurred by the Town for the services of other professionals, consultants or review agencies during the review and consideration of the proposed subdivision pursuant to these regulations. The Town will send invoices to the applicant for expenses incurred as the Town is billed. All invoices shall be paid in full prior to final Board approval. ýÿ . . TOWN OF FRASER I RESOLUTION NO. - A RESOLUTION ADOPTING A FORMULA TO BE USED IN CALCULATING THE PROVISION OF LAND AREAS FOR PARKS AND A FORMULA TO BE USED IN CALCULATING PARK FEES IN-LIEU OF DEDIC A nON OF LAND AREAS IN CONJUNCTION WITH ARTICLE 12-6 OF THE TOWN OF FRASER SUBDMSION REGULATIONS. WHEREAS, the Fraser Board of Trustees have adopted Ordinance No._, approving and adopting amended subdivision regulations; and WHEREAS, the amended subdivision regulations address park land dedications and park fees in- lieu of land dedication; and WHEREAS, Section 12-6-6 of the subdivision regulations entitled "Public Dedication Requirements" provides that the formula to be used to determine the provision of land areas for parks and the formula to be used to determine the sums of money to be paid in-lieu of dedication of land areas for parks will be established and subject to change from time to time upon approval of the Board of Trustees; and WHEREAS, a formula has been established to calculate the provision of land areas for parks; and WHEREAS, a fonnula has been established to calculate park fees in-lieu of dedication of land areas; and WHEREAS, the following fonnulas shall be used: 1. For minor and major residential subdivisions, the Town shall require the dedication, reservation or conveyance of land areas or sites suitable for public purposes such as parks, scenic areas and green belts of five percent (5%) of the total area of the subdivision. 2. The Commission and the Board, the subdivider may require the subdivider to pay fees in- lieu of the equivalent land areas that would have been dedicated to public parks. The amount of the payment-in-lieu of any land dedication shall be determined by multiplying the fair market per acre value of the entire property proposed for subdivision, as of the date immediately prior to approval of the final plat, by five percent (5%). . . NOW, THEREFORE, BE IT RESOLVED THAT THE FRASER BOARD OF TRUSTEES HAS ADOPTED THE ABOVE REFERENCED FORMULAS TO BE USED IN CALCULATING THE PROVISION OF LAND AREAS FOR PARKS AND TO BE USED IN CALCULATING PARK FEES IN-LIEU OF DEDICATION OF LAND AREAS IN CONJUNCTION WITH ARTICLE 12-6 OF THE TOWN OF FRASER SUBDIVISION REGULATIONS. BE IT FURTHER RESOLVED THAT THE ONE FORMULA CAN BE AMENDED FROM TIME TO TIME TO REFLECT CHANGED NEEDS. DULY MOVED. SECONDED, AND ADOPTED THIS DAY OF . 1998. TOWN OF FRASER BY: Mayor Jeff Johnston ATTEST: Vicky Winter, Town Clerk . . TO\VN OF FRASER RESOLUTION NO. A RESOLUTION ADOPTING A FORivIULA TO BE USED IN CALCULATING THE PROVISION OF LAND .J.\R.EAS FOR SCHOOLS A1~D SCHOOL FEES IN-LIEU OF DEDICATION OF LA.~D AREAS I~ CONJUNCTION WITH ARTICLE 12-6 OF THE TOWN OF FRASER SUBDIVISION REGFLATIONS. WHEREAS, the Fraser Board of Trustees has adopted Ordinance No. _, approving and adopting amended subdivision regulations; and WHEREAS, the amended subdivision regulations address school land dedications and school fees in lieu ofland dedication; and WHEREAS, Section 12-6-6 of the subdivision regulations entitled "Public Dedication Requirements" provides that the formula to be used to determine the provision of land areas for schools, which also is used to determine the sums of money to be paid in lieu of dedication of land areas for schools, will be established and subject to change from time to time based on information provided by the school district and upon approval of the Board of Trustees; and WHEREAS, a formula set forth below has been established to calculate the provision of land areas for schools or the payment of school fees in lieu of land dedication. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER. COLORADO. AS FOLLOWS: 1. The determined unit values set forth herein for the purpose of the dedication of school sites or payment of money in lieu of school sites for the Town of Fraser. Colorado have been established based upon the educational criterion of the East Grand School District. The educational criterion used is attached hereto as Exhibit '"A". and made a part hereof by reference thereto. According to such criterion, the School District requires approximately .0691 acres ofland for each household with school-age children. The Board findo;; that approximately 50% of single-family residential development. and approximately 2000 of multi-family residential development within the Town is occupied by families with school- age children. These factors have been applied in the establishing the formula set forth in Paragraph 2 hereoftor the provision ofland areas for schools or payment of fees in lieu of land dedication. 2. When the provision of land areas for schools is reconunended by the School District. such land areas shall be provided at the rate of .0346 acres per single family dwelling unit and .0138 acres per multi-tamily dwelling unit allowable within the subdivision. 3. When tees in-lieu ofland are recommended by the School District. such tees shall be calculated based upon the value of the land othef\vise required to be dedicated pursuant to the above tlmnula. as provided in the subdivision regulations. . . DlrL Y :\10VED. SECONDED. A.\jD ADOPTED THIS D.-\.YOF . 1998. ---- -- --- TOW~ OF FRASER BY: :\Iayor Jeff JolUlston ATTEST: Vicky Winter. Town Clerk , ýÿ I I . . I I EXHIBIT "A" Rationale for Revision: 1. For the East Grand School District from 1991.1996, the average grade level division breakdown percentage of student enrollment was' Elementary School K-5 468% Middle School 6-8 25.3% High School 9-12 27.9% 2. The household composition in Grand County, according to the 1990 census, indicates an average of 3.85 persons per household. Of the' .571 households, 788 of them housed 936 school children, making 1.19 persons 18 years of age or younger per family household. 3. The Colorado Department of Education, Office of Field Services. Support Services, advises that in preparing and planning for school sites, school officials should plan for: Elementary School 10 acres + 1 acre per 100 pupils Middle School 20 acres + 1 acre per 100 pupils " High School 30 acres + 1 acre per 100 pupils Our current sites are; Elementary Schools 4.9 acres (average) Middle School 28 acres (includes bus garage) High School 20 acres 4. The East Grand Board of Education philosophically believes that the youth of the community can best be educationally served through the establishment of neighborhood schools throughout the District's school communities; providing that the populations of the individual community can, in terms of student enrollment, support such and the District's budget is able financially to operate the smaller schools. For planning purposes, the following school populations are given to align with perpetuating the smaller, neighborhood school concept: Elementary School 250 Middle School 400 High School 500 5. With the above site size recommendations and existing figures and pupil enrollment percentage figures established, one can now determine the amount of land. in acres, per pupils needed for each elementary. middle and high school student Elementary School 12.5 acres I 250 students = .05 acres per student Middle School 24 acres I 400 students = .06 acres per student High School 35 acres I 500 students = .07 acres per student 6. With the land need of each student on each of the three level divisions established, we can now factor the average pupil requirement, using the ten year percentage of each division: Elementary School 46.8% multiplied by .05 = .0234 Middle School 25.30/';' multiplied by .06 = .0152 High School 27.9c%, multiplied by .07 = .0195 Total Acres per average student need in East Grand = .0581 7. If we multiply the need as shown in itS abo~e with the overall per family population below the age of eighteen in East Grand County (.0581 x 1.19), we then have per family requirement of 0691 acres The Increase In the per family acreage requirement is attributable to the incretise in number of persons per household and number of persons under eighteen in a family household. . . . GRANO COUNTY SCHOOLS' SCHOOL SITE DEDICATION FORMULA A. If land is recommended by a board of education, the following formula IS recommended: 1 . Provision of land areas for schools shall be at the rate of .0346 acres por single family dwelling unit and .0138 acres per multi.family dwelling unit allowable within the subdivision. B If money-in-lieu-of-Iand is recommended by a board of education, the following formula is recommended; 1. The determined unit value for the purpose of the dedication of school sites for money-in-lIeu- of.school sites for Grand County is .0691 as determined and established through educational criterion in both Grand County school districts. 2. When money in lieu of land is recommended by boards of education. the following formula is recommended: a. Single family units up to and including four unIts (~ubdivjsion exemptions): 50% per unit of the above affixed .0691 rate b. Dwellings or units of more than five (subdivision or multiple-family dwelling): 20% per unit of the above affixed .0691 rate The rationale for this is that usually subdivision exemptions have a higher rate of family occupancy. hence approximately 50% of them would have school impact. In Grand County as of 1996, about 32% of the homes are primary residences. According to the 1990 census, 50,2% of the households have children under 18 living in the homes. Using these figures and accounting for rental units, 20-25% of the homes in a subdivision should have school impacts. 3. To determine the cost per unit, multiply the dedication percentage (either 50% or 20% of the total units from #2 above) times the determined unit value (.0691) times the fair market value per acre of the developed land. The money in lieu of land donation is set aside in an escrow account and is designated for the schoOl district for rand purchase on capital construction. This procedure is governed by the County Commissioners. ýÿ j . . TOWN OF FRASER RESOLUTION NO. - A RESOLUTION TO ADOPT THE GRAND COUNTY STORM DRAINAGE DESIGN AND CRITERIA MANUAL CHAPTERS 2-10 PURSUANT TO ORDINANCE NO. - WHEREAS, the Planning Commission by P.c. Resolution 9-1-98 and the Board of Trustees of the Town of Fraser by Ordinance No. ----' did adopt revised subdivision regulations for the Town of Fraser; and WHEREAS, Section 12-6-10 of the revised subdivision regulations entitled "Stonn Water Drainage Facilities" provides that the applicant for a proposed subdivision shall prepare a drainage report in accordance with the criteria and requirements of the Grand County Storm. Water Drainage Design and Criteria Manual Chapters 2-10; and WHEREAS, Section 12-6-10 of the revised subdivision regulations also provides that the Board of Trustees shall adopt a resolution specifying the current manual to be used; and WHEREAS, the Town Engineer has reviewed the contents of the Grand County Storm Water Drainage Design and Criteria Manual officially amended March 1998 and recommends adoption of Chapters 2-10 of this version. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF TRUSTEES OF THE TOWN OF FRASER HAS ADOPTED THE GRAND COUNTY STORM WATER DRAINAGE DESIGN AND CRITERIA MANUAL CHAPTERS 2-10, OFFICIALLY AMENDED MARCH 1998 IN CONJUNCTION WITH ARTICLE 12-6-10 OF THE TOWN OF FRASER SUBDMSION REGULATIONS. DULY MOVED, SECONDED AND ADOPTED THIS DAY OF , 1998. - - TOWN OF FRASER BY: Mayor Jeff Johnston ATTEST: Vicky Winter, Town Clerk I . . TO\\lN OF FRASER ORDINANCE NO. AN ORDINANCE CREATING THE BYERS VISTA SPECIAL IMPROVEMENT DISTRICT NO. 1998-1. IN THE TOWN OF FRASER. COLORADO: ORDERING THE CONSTRUCTION AND INSTALLATION THEREIN OF STREET. DRAINAGE AND DOMESTIC WATER IMPROVEMENTS. TOGETHER WITH NECESSARY INCIDENTALS; PROVIDING FOR OTHER DETAILS IN CONNECTION WITH THE DISTRICT; AND DECLARING AN EMERGENCY. WHEREAS, the Board of Trustees of Fraser, Colorado, pursJ,Ulnt to the laws of the State of Colorado, hereby finds and determines that there exists a necessity for the creation of Byers Vista Special Improvement District No. 1998-1. in the Town, and the construction and installation therein of public street, drainage and domestic water improvements, together with necessary incidentals; and WHEREAS, notice of a public hearing concerning the creation of the District and the construction and installation of the improvements has been given by publication in one issueH of the Winter Park Manifest, a newspaper of general circulation in the Town, at least 20 days prior to the date of the hearing, and in addition, notice was mailed by first-class mail to each property owner to be assessed for the cost of improvements and included within the proposed district; and WHEREAS, at the time and place set forth in the notice, the Board of Trustees met in open session for the purpose of hearing any objections or protests that might be made against the proposed district or the improvements to be constructed or installed therein: and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: Section 1. Creation of District. A special improvement district for the construction and installation of the public street, drainage and domestic water improvements hereinafter described. is hereby created and established in accordance with the provisions of Part 5 of Article 25 of Title 31, Colorado Revised Statutes. as amended. and shall be known and designated as "Byers Vista Special Improvement District No. 1998-1". All proceedings heretofore taken and adopted in cOlmection with the District are hereby ratified. approved and confirmed. Section 2. Approval of Engineering Plans. That the engineer's reports. together with all of the details. specifications. estimates, maps and schedules thereto attached or appended. are hereby approved and adopted. Section 3. BOtmdary of District. TIle boundary of the District shall include those lots and blocks contained within the following described area within the Town: ýÿ . . Block I. Lot 1 Byers Vista Subdivision Block 1. Lot 2. Byers Vista Subdivision Block 1. Lot 3. Byers Vista Subdivision Block 1, Lot 4, Byers Vista Subdivision Block 1, Lot 5, Byers Vista Subdivision Block 1, Lot 6, Byers Vista Subdivision Block 1, Lot 7, Byers Vista Subdivision Block 1, Lot 8, Byers Vista Subdivision Block 1, north half of Lot 9, Byers Vista Subdivision Block 1, north half of Lot 10, Byers Vista Subdivision Block 1, south half of Lot 9, Byers Vista Subdivision Block I, south half of Lot 10, Byers Vista Subdivision Block 2, Lot I, Byers Vista Subdivision Block 2, Lot 2, Byers Vista Subdivision Block 2, Lot 3, Byers Vista Subdivision Block 2, Lot 4, Byers Vista Subdivision Section 4. Description of Improvements. The kind of improvements to be constructed and installed are as follows: Construction and upgrading of the public street known as Muse Drive and the drainage system associated therewith to Fraser specifications, and extension of the existing eight inch water main within the Muse Drive right-of-way to a point that loops the existing main with the Fraser water system, and incidentals of construction. Section 5. Improvements Authorized. The construction and installation of the improvements in and for the District, as shown by the plans, specifications and maps thereof, prepared by the engineer and approved by the Board of Trustees of the Town and now an file in the office of the Town Clerk, be and the same is hereby authorized and ordered, the materials to be used in the construction of said improvements to be in accordance with such maps, plans and specifications. Section 6. Cost of Improvements. The probable total cost of the improvements is approximately $40,000. The actual costs for such improvements shall be assessed to the properties included in the District and benefitted by the improvements, according to the proportions specified in Resolution No. passed by the Board of Trustees on . subject to final adjustment and assessment by ordinance after hearing as provided by law. It is anticipated that the Town will pay a proportionate share of the cost of the improvements as provided in said Resolution No. of the Board. Section 7. Payment of Assessments. The assessments will be due and payable without demand within thirty (30) days from and after the publication of the Ordinance assessing the -2- . . whole cost of said improvements against the real property in the District and an allowance of tive percent (5%) shall be made on all payments made during such period, but not thereafter. If any owner does not pay the full assessment within said period of thirty (30) days. then the whole cost of the improvements so assessed against such property shall be payable in ten (10) annual installments (or twenty (20) semi-annual installments. if collection is through the county treasurer) of principal with interest on unpaid installments at a rate as shall later be determined by the Board of Trustees and set forth in the assessing ordinance. The first of said installments shall be due and payable at such time as will be indicated in the assessing ordinance. and the remainder of the annual (or semi-annual) installments of assessments and interest shall be due and payable successively in each year thereafter until all are paid in full, as provided in the assessing ordinance. If assessments are to be collected by the county treasurer, the times of payment of installments shall be the same as the times of payment of installments of property taxes. Section 8. Compliance. The Board hereby finds and determines that said improvements were duly ordered after notice duly given and after hearing duly held in accordance with law, and all other requirements for construction of such improvements and creation of the District have been complied with. Section 9. Construction Bids. The Mayor and Town Manager were previously authorized to advertise tor bids to construct such improvements in the time and manner required by the laws of the State of Colorado. The publication of any such notice prior to the passage or etl'ective date of this Ordinance, is hereby ratified and approved. Section 10. General Benefits. The Board of Trustees hereby finds and determines that the improvements proposed to be constructed and installed will confer a special benefit upon the property within the District and a general benefit upon the Town as a whole. Section 11. Repealer. All ordinances or resolutions. or parts thereof in conflict herewith are hereby repealed. Section 12. Recording. This Ordinance, after its passage, shall be recorded in a book kept for that purpose, shall be authenticated by the signatures of the Mayor and Town Clerk and be published in the official newspaper of the Town. in accordance with law. Section 13. Declaration of Emergency. Since it is necessary tor the construction of the proposed improvements to commence as soon as possible. and to award the construction contract to the best bidder, it is hereby declared that an emergency exits. that this Ordinance is necessary to the immediate preservation of the public peace, health and safety, and that it shall be in full torce and effect upon adoption and compliance with Section 31-16-104. Colorado Revised Statutes. as amended. ADOPTED AND APPROVED. this _ day of . 1998. -3- I . . V otes in favor: BOARD OF TRUSTEES OF THE V otes opposed: TOWN OF FRASER. COLORADO V otes abstained: - BY: Jeff Johnston. Mayor ATIEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1998. -4- ,..: r",n-I[,,"W::::\::::p,'"',!..r~;~ 3r:.--.,p-.';.f:Jpr, ýÿ I . . TOWN OF FRASER, COLORADO RESOLUTION A RESOLUTION APPROVING A CONTRACT WITH MORROW AND SONS TO COMPLETE WATER IMPROVEMENTS IN THE BYERS VISTA SUBDMSION. WHEREAS, in 1973 the Byers Vista Subdivision was annexed into the Town of Fraser; and WHEREAS, the Byers Vista Subdivision had no public improvements and, although some public improvements have been made over time by various individuals or entities building in or near the subdivision, is currently served by incomplete improvements; and WHEREAS, it is desirable to complete the public improvements for the Byers Vista subdivision to insure the public health, safety, and welfare and to assess the costs associated with these improvements to certain property owners within the subdivision; and WHEREAS, it is in the best interest to contract for the completion of the water improvements; and WHEREAS, contract documents for the water line improvements were drafted and made available in July, 1998 with bids opened on August 7, 1998; NOW, THEREFORE, THE FOLLOWING IS RESOLVED BY THE FRASER BOARD OF TRUSTEES: 1. That the Town of Fraser approve a proposal from Morrow & Sons to complete water improvements in the Byers Vista subdivision for an amount not to exceed thirty four thousand five hundred fifty dollars ($34,550.00). FOR THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO TOWN OF FRASER By: Mayor Attest: Town Clerk Ayes: - Nays: - Abstain: - ) . . TO"VN OF FRASER ORDINANCE ~O. AN ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE FILING AND PROCESSING OF DEVELOPMENT PERMIT APPLICATIONS FOR CERTAIN TYPES OF BUSINESS OPERATIONS WITHIN TIlE FRASER WELLHEAD PROTECTION AREA; ESTABLISHING THE INITIAL BOUNDARIES OF THE WELLHEAD PROTECTION AREA; AMENDING APPLICABLE PROVISIONS OF TIlE CODE OF TIIE TOWN OF FRASER: AND DECLARING AN EMERGENCY. WHEREAS, the Town of Fraser, Colorado, provides domestic water service to its residents and obtains its water supply from several existing and planned wells located within the Town; and WHEREAS, the Board of Trustees hereby finds and determines that there is substantial evidence of the risk of contamination to the municipal water supply from activities conducted within the Town involving the use or handling of petroleum products and other hazardous materials, which may be discharged into the envirorunent and infiltrate into the groundwater from which such wells obtain their supply; and WHEREAS, the Board is in the process of studying and evaluating such risk posed to the municipal water supply and the additional regulations that may be necessary to eliminate or minimize such risk, through amendments to the Fraser zoning regulations and/or other ordinances and regulations of the Town; and WHEREAS, the Board needs additional time to complete such studies and evaluations. but as an interim measure, the Board deems it necessary and desirable to impose a temporary moratorium on the filing or processing of any new development permits which could result in development that poses a risk of contaminating the municipal water supply; and WHEREAS, a public hearing concerning such proposed moratorium was held by the Board of Trustees, pursuant to notice of said public hearing published in the manner required for amendments to the Fraser zoning regulations: AND WHEREAS. the Board of Trustees further finds and determines that the proposed moratorium and the amendments to the Town Code provided herein are in the best interests of the public health, safety and general welfare of the citizens. residents and taxpayers of the Town of Fraser; and that all applicable requirements of the Code of the Town of Fraser and state statutes have been met with respect to the adoption of said moratorium and said amendments. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER. COLORADO, THAT: PART I: ADOPTION OF MORATORIUM AND AMENDMENT OF TOWN CODE. The Code of the Town of Fraser, Colorado (herein sometimes reterred to as the "Town Code"). and . . in particular. Chapter 13. Article 3. Section 13-3-8 thereof. entitled "B - Business District". is hereby amended by adding two new Subsections. to be numbered Subsections (10) and (11). respectively. which shall read as follows: (10) Wellhead Protection Area Defined. For purposes of regulations contained in this Chapter. the "Wellhead Protection Area" is that area within the Town of Fraser designated by the Board of Trustees as requiring special protections to safeguard the municipal water supply. Initially, such Wellhead Protection Area shall include all of the land that is included in the B - Business District and all PDD zoning districts. The area included in the Wellhead Protection Area may be modified from time to time by resolution or ordinance adopted by the Board of Trustees. (11) Moratorium on Certain Development Within Wellhead Protection Area. The Board of Trustees has found and determined that substantial evidence exists of the risk of contamination to the Town's municipal water supply from activities involving the use and/or handling of petroleum products and other hazardous materials, which may be discharged into the enviromnent and infiltrate into the groundwater that is the source of supply for existing and planned municipal water wells. In order to further evaluate this risk and the measures that may be necessary to eliminate or minimize such risk to the municipal water supply, the Town has imposed a temporary moratorium on the filing, processing or issuance of development permits for certain types of activities in the Wellhead Protection Area, as provided in this Subsection. A. Moratorium Imposed. Notwithstanding any contrary provision contained in these regulations, no application for a development permit shall be filed, processed or issued for any new development, or for any change in any existing development permit, where the proposed development, use or change would involve the generation, storage, use or disposal of any hazardous substance within the Wellhead Protection Area, as herein defined. For purposes of this Subsection (11), "hazardous substance" means and includes any hazardous, toxic or dangerous waste or regulated substance, including petroleum products, defined as such in any statutes, laws, ordinances, codes or other govermnental regulations. including without limitation the Federal Comprehensive Enviromnental Response, Compensation and Liability Act (42 V.S.C. ~9601, et seq.) ("CERCLA") and the Colorado petroleum storage tank law (C.R.S. 8-20.5-101, et seq.). The determination whether a proposed development or change involves a hazardous substance shall be made by Town Staff, subject to review by the Board of Trustees if the applicant disagrees with Staffs determination. The decision of Town Staff. or the Board of Trustees if such review is requested. shall be final and conclusive as to whether a proposed development or change involves a hazardous substance. B. Repeal. Unless sooner repealed or modified by action of the Board of Trustees. this Subsection (11) shall be repealed as of the date which is six (6) months after the effective date of the Ordinance adopting this Subsection (11). -2- 1 , . . PART 2: REPEAL. Any and all existing ordinances or pans 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 ponions 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: DECLARATION OF EMERGENCY: EFFECTIVE DATE. Because of the immediate risk to the municipal water supply if hazardous development is allowed to proceed in the Wellhead Protection Area, it is hereby declared that an emergency exits, that this Ordinance is necessary to the immediate preservation of the public peace, health and safety, and that it shall be in full force and effect immediately upon adoption. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS DA Y OF , 1998. - Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Votes abstained: - BY: Jeff Johnston, Mayor A TrEST: (SEAL) Virginia Winter. Town Clerk Published in the Winter Park Manifest on , 1998. -3- ... flJHI[,,',r...r:~':~ p,',,'.t' rA:,'~ r~V.PA -:......1 . "IIH' ýÿ , 1 . . . .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: ~~r JobmWn & Town~#~n FROM: Catherine E. Trotter e.; DATE: 10/2/98 RE: 3 mile annexation plan . As you all know, we have been working on revising oUr 3 mil~ annexation plan. . The .' . map i~ close to being finalized and on September 2~ 1998 was distributed to ~ property . owner~ within the 3 mile annexation plan oou.ndaryfor review and comment. .' , To reiterate the purpose: . The 3 mile annexation plan is a long term land use ".'i planning tool tha~ is required by Colorado State Law. The purpose of the plan is to, _ evaluate land areas adjacent to the existing Fraser town boundaries and within a 3 mile '. . distailce to deteImine which land areas are suitable for future annexation and . . '. . development, and to 'provide, direction concerning land use issues and infhistructure '... ., . needs upon annexation of parcels adjact}nt to the community. In determining the boundaries of the 3 mile plan, we have participated in a ''visioning'' exercise to image what Fraser will look like in future years. We have included land areas that we collectively have determined are suitable' and. needed for future urban use's, the provision of open space and that can and should be served by municipal services. We have not included the revised map and narrative in your packets. Please call me at the Town Hall if you would like to review this prior to the meeting. I have included a list of the property owners that received mailings and comments back from some property owners. The following comments are verbal comments that have been received to date: Gordon: (Tubing Hill Parcel) Not interested in being included in plan, happy with , the status.quo. Wu: Will try to make the meeting. Would not discuss his opinion about the plan with town staff. Town of Winter Park: Clarified some mapping concerns with Bob Caravo~ He is reviewing the plan with the Winter Park Town Board on 10/6/98. He will call before the meeting if they have additional concerns. ýÿ . . . I . Harry also printed a short article in the Manifest. We have tried to do a better job on the public relations this time. We are only discussing this item on Wednesday night. The plan will be adopted in December. We need to being closure to this item because I will be gone most of November and December and the awarded grant requires that a finished product is submitted before the end of the year. Call with questions. Thanks. ýÿ 0' ". . 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 September 2, 1998 Dear Grand County Property Owner: The Town of Fraser has received a grant from the Northwest Colorado Council of Govermilents to financially assist the town in hiring a professional to draft a revised land use planning~. , ' . . . . . The map has been enclo~ed/or your. review. It shows a proposed 3.mile annexation plan. Afterlengihy discussion with the Frasei' Pltmning Commission and Town Board, it was . . decided to include you property on theftrst draft 0/ the map. . o . . _ - 1',' - - . ~.;.' Every statutory town in Colorado is required by law to have a 3 mile annexation plan adopted prior to completing any 8tinexati6iL The 3 mile atinexation plan allows Fraser to take- a proaCtive stance by looking into the futUre and evalu8ting land areas adjacent to the existing town . " ' ' boundaries and within a 3 nrlle distance to determine which land areas are suitable for future " ." . annexation and deVelopment. Additioriat1y, the plan provides direction cioIiCemingland use issueS .. and infrastructure needs. This planDing effort assists Fraser in addressing land use and related . issues which are critical to maintaining the special sense. of community and quality of life that is' , . treasured in Grand County. Inclusion within the 3 mile 'plan does not guarantee that these areas will ever be annexed. This land use planning ~ercise is,a long term management tool. We are contact:i:D.g property owners within our 3 mile plan so that you are informed about our planning process. If you have any comments and/or questions, please call the Fraser town hall and talk with Catherine Trotter or Chuck Reid. Please contact us before October 1st, 1998 with your concerns. ' This matter has been scheduled as a discussion item at our October 7th, 1998 Town Board meeting. You are also invited to attend this meeting. Thank you for your time and input. Sincerely, {1aeruiu e ~ Catherine E. Trotter ýÿ . , . . . avoiding development in areas with significant constraints are key to maintaining environmental quality. This 3 mile plan allows the Town of Fraser to take a proactive stance by looking into the future and evaluating land areas adjacent to the existing Fraser town boundaries and within a three mile distance to determine which land areas are suitable for future annexation and development, and to provide direction concerning land use issues and infrastructure needs upon annexation of parcels adjacent to the community IV. 3 MILE PLAN BOUNDARIES: The areas included in the 3 mile plan represent the Town's belief that additional land is needed for future development. Inclusion within the 3 mile plan does not guarantee these areas will ever be annexed The land within the 3 mile plan have been depicted on Exhibit B by ownership tracts. " The following persons and/or entities own land within the 3 mile plan plan; . Johns . Gordon . Wu . Denver Water Board .. . JonesJPowers . Winter Park Ranch . Fraser/Winter Park . Jones et al. . Delaney Ranch . Leonard . Union Pacific Railroad [1. Johns I General Land Description: The NEl/4SEl/4, and the NEl/4SEl/4 Section 30, the Sl/2SWl/4 and the Nl/2NWl/4 Section 29, and parts of Section 20, Township 1 South, Range 75 West of the 6th PM, south of the Union Pacific Railroad, bisected by County Road 72. This tract contains approximately 260 acres. Proposed Land Use: This site has very little development at the present time. Adjacent land uses in the county are within the 'forestry & open' zoning district and are subject to the forestry & open performance zone concept. This land use coincides with the urban growth boundary concept that high density development is concentrated in an urban core and outside the core, densities are significantly lower and eventually transition into a rural development character. ýÿ , , , <//7/78 ýÿ I I DENVER \JVATER 1600 West 12th Avenue' Denver, Coloroldo 8025-4 Phone (303) 628-6000 . fu No. (303) 628-6199 September 22, 1998 Ms. Catherine Trotter Town of Fraser P.O. Box 120 Fraser, Colorado 80442 Dear Ms. Trotter: The draft of the "Fraser 3-Mile Plan" dated August 27, 1998, has been reviewed. The following items are of concern to Denver Water: . A road labeled County Road 72 is shown crossing through Denver Water's property in Sections 29, 31, and 32, T1 S, R75W. This road Is also referenced In Section 4 of the narrative. Denver Water's records do not show that a roadway exists In this area or that there Is any right-or-way for a roadway. If this is a future roadway planned by the Town or the County, we would like to discuss the alignment. . A new Grand County road is currently under construction In Sections 23 and 24, T1 S, R76W. The road is being referred to as the County Road 50/73 Interconnect. Denver Water's property In said Section 23 and the private 40 acres tract In said 24 that are served by this roadway should be considered for inclusion in the plan. . The existing public road that extends into the Leland Creek drainage from Kings Crossing is not properly shown. . Denver Water owns 540 acres In Section 32, T1S, R75W. This property Is not shown on the 3-Mile Plan as potentially annexable to the Town of Fraser. Portions of this property would most likely need to be annexed into the Town of Fraser in order to annex and serve the adjOining property in Sections 30 and 31. Although some portion of this property may be annexed into the Town of Winter Park, Denver Water believes that the entire property should be shown on both the Town of Fraser and the Town of Winter Park's 3-Mlle Plans. This would allow more flexibility In the future. If you have any questions, please contact me at telephone 303-628-6656. Sincerely, ,,/ /;- '. 1] ~ I (,.,<"<,,,u_, .". (, .. Marte Bassett Chief of Distr./Prop. Mgmt. R:\TEMPL TR\FRASER3MILE CONSERVE ýÿ . \ l . . Richard A. Leonard Leonard Peeling P. O. Box 1'054 Fraser, CO 80442 September 27, 1998 Catherine E. Trotter Town of Fraser P. O. Box 120 Fraser, CO 80442 Dear Catherine, Thank you for your September 2 letter and corresponding map regarding the Town of Fraser 3-Mile Annexation Plan. The Leonard Property, also known as the Fraser Pole Yard - d.b.a. Leonard Peeling, is in no way interested in ever being annexed into the Town of Fraser. The property is currently owned by Sara Duncan Leonard; Richard A. Leonard, Jr.; Cynthia K. Leonard, and myself. At this time, the only industrial use we desire is that of Leonard Peeling and no other. In addition, we do not wish to have a public access through our property. There is currently no State statute that requires a 113 mile annexation plan". Could you please inform us of the statutory authority you are relying on in the development of your 113 mile annexation plan"? In conclusion, the current property owners do not wish to be included in any annexation plan and we do not wish to have any Town services. Please exclude us from your 113 mile annexation plan". In addition, we wish to be informed in writing of your anticipated actions and not hear about them after the fact in the newspaper, from members of the community, or any other means. Thank you in advance for your cooperation. We would like to make this situation as positive for both sides as possible. Sincerely, ./,~~C Elawe t('~C'/fd4d Richard A Leonard Leonard Peeling, Owner Current Mailing Address: P. O. Box 1054, Fraser, CO 80442 . J J , . September IS, 1998 Ms. Catherine E. Trotter Town of Fraser P.O. Box 120/153 Fraser Avenue Dear Ms. Trotter. I read with interest the 3 mile plan of Fraser which I just received. Our property (Shearon/Ogura) lies just west of the Denver Water Board property in Section 24 that is being considered for affordable housing. As the properties are adjacent and similar in contour with the same new road passing through both, I would like to propose that Fraser consider our property to be included in the affordable housing program. Dr. George Ogura, a retired physician from Denver General, and I purchased this property many years ago with the thought of building a vacation property for our children to use. We were pleased with the city of Fraser and the affordable housing foundation when they responded to the concerns of problems encountered at other areas in Colorado. We have been in discussions for some years with Chuck Smith at the Denver Water Board about some possible exchange of property as the new road was completed and assessments were performed. It seems that all options are open depending on the plans Fraser might have for the zoning of our property. The combination of the DWB property with ours would make a significant size and possibly allow Fraser more creative options for the affordable housing plans. If you or the Affordable housing Foundation are interested in discussing this further with me, I can be reached by phone-612~33-7423 or fax-612~33-2370. I would also be willing to attend a meeting in Fraser to discuss the options further. Dr. Ogara has asked me to handle the discussions although he is fully informed and supportive of this effort. Dr. Ogara is a lifelong Colorado resident and an ardent conservationist and environmenta1ist. I look forward to hearing your response and congradulate you a well clone 3 mile plan. !~ 2820 N Huron Roseville, MN 55113 c: Dr. George Ogura Mr. Chuck Smith, DWB : Lawrence (Larry) Shearon I Vice President Corporate Technology Medtronic, Inc. 7000 Central Avenue N.E.. MS 326 MinneapolIS, MN 55432.3576 USA Internel: 'NWN.mecJtron'c.com Larry or Kassie, Shearon Tel: 612-5144567 800-328-2518 Fax: 612-514-3822 . 2820 N Huron larry.shearon@medlron,c.cofn Roseville MN 55113-1843 I I \ I l . . Sept. 30, 1998 Board of Adjustments Town of Fraser RE: Request a 10 foot front yard set back. Lot 6, Block 1, Workshire Acres 215 Carriage Road Owner, Paula Sheridan A 10 foot variance from the front yard set back is being requested so that a garage may be built on the property. A 20 foot set back is required in the zoning code. This request is a result of the need to grant a 10 foot sewer easement to the Fraser Sanitation District for a sewer main located in the North side of my property. This main was placed on this property over 20 years ago. This summer the Sanitation District replaced the main and it was discovered that no easement has ever been granted. The house was built (1972) before the Town of Fraser had a Zoning Ordinance, and was situated on the property so that at this point in time with consideration of the sewer easement on the north, and building code requirements, I have no option except to request i:his set back variance. The front property pins have been staked. Visually if you look in either direction to the other structures on my block, it appears that the placement of my proposed garage would not be out of harmony with the neighborhood. I appreciate your consideration on this request. Sincerely, Paula Sheridan ýÿ - v " ~ fi e. w. $Iup Mcelel1anJ . ,~ . \\~ T .Iephon. 881-3565 .e~uJ g~~ GRAN BY, COLO. 80x 1 aa ----.- 60'--.-- Lo1 7 ~ ~ - ~ " ,~ ~ - ~ q CO ~ . ,.. ~ ~ - - .. ~ ,()~ ~ - .., 0)'0 -- I~ \) ~I ýÿ ,1 ~ . . . 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 September 30, 1998 Dear Interested Party: ..' The Town of Fraser has completed negotiations with the' Grand' CoU;UtY Library Pistrict. and will' . , soon 'assume ownership of the building known as the "old LibrtuY' .at216 Eisenhower in Fraser. . The Town is now in the process of soliciting proposals to lease the bUilding based on the enclosed details. If you or someone you know is 'interested in leasing this site, please submit a proposal or provide them with the enclosedrequest'for proposal.. ' , , ' , , , Thank you, . '; , .. ,:,;. . .', ,'.' , . Chuck Reid Town Manager ýÿ . l ~ . . 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 Request for Proposals The Town ofPraser is accepting proposals for the lease of the land and property known as the "old Library" or 216 Eisenhower, Fraser, Colorado, 80442. The property, located one-half block off US 40 in downtown Fraser, includes original construction which was completed in 1969 and an addition which was completed in 1979. . The total square footage (with loft) for the wood -frame construction on concrete foundation is 1,527 square feet. The building has wood siding . with a metal roof and all utilities serve the site. The condition of the building, based on the' : '.. ~ , appraisal, is considered to be average. , ..~- The building is immediately available for use. However, work is being done to reinforce the wood .. " ". beam construction and roof design, and the bathroom is being remodeled to meet ADAstandaf4s. , This work will be completed by December 31, 1998. .'. . .' . . . . ~ - ~ Proposals shall meet the following minimum standards: i\ ~_: . lease tenns shall be a minimum of three years and may contain a "rollover" provision; . minimum annual square fO'?t rent shall be $7.50 in 1999 and 2000, and $8.50 after, . this shall bea ''triple net" lease, with the lessee responsible for all aspects of building and grounds maintenance, and all other expenses, upon signing of the lease. Lessor and l~ee shall jointly identify and record the building's condition upon an approved agreement; . . the property will be leased in an "as-is" condition, with no express or implied warranties; . payments shall be made monthly, with first and last month rents due at lease signing; . subleasing shall be allowed, based upon approval of the Town. However, the Town's lease' shall be with a single entity and shall cover the entire 1527 square feet; . acceptance of any proposal is subject to the lessee's execution ofa written lease in such form as may be approved by the town; . the town reserves the right to reject any and all proposals. Site constraints: . At this time, the site is directly served by approximately six parking spaces, with additional parking available on adjacent property. Leases shall be evaluated by the Town of Fraser based upon their financial impact to the Town, and any additional "public good" that may result from the proposed building use. For additional information, contact Chuck Reid, Fraser Town Manager, at 970-726-5491. Proposals are due before, and shall be opened, on Friday, October 30, 1998 at 4:00 p.m.