HomeMy Public PortalAboutTBP 2015-09-16Town Board Briefing
September 16, 2015
Please note that members of the Town Board will have dinner together starting at
5:30pm. The Board will begin the meeting at 6pm with an executive session regarding
water matters that is anticipated to conclude by 7pm.
Note that we're trying placing "Approval of Agenda" after Executive Session, we've been
noting how the public attendees miss out on any changes to the agenda when we start
with an Executive Session and propose trying this out. Of course, the meeting will need
to opened and start with Roll Call. In this case, if members of the Board do not wish to
utilize the Executive Session, either notify staff in advance of the meeting or discuss with
the Board before or during the motion to enter Executive Session.
Supplemental materials and briefings are included in the packet for the public hearing
and discussion matters.
As related to the economic development proposal from Grand Park, I've been asked to
summarize how Tax Increment Financing (TIF) works. If you desire additional
information regarding any of the other tools proposed, please let me know.
In general terms, TIF is a financing tool typically used for public infrastructure that is
often related to additional private development. It does not change any tax rates, or use
any taxing entities current tax revenues to finance the project. Rather, the incremental
increase in taxes (that would not be collected but for the new development) are used to
finance new infrastructure. Essentially, a base revenue (for all taxing entities) is
established (and would continue to be collected). The incremental revenues resulting
from increased valuation of the property post development are then used to finance
infrastructure. After the term of the TIF, for example ten years, the incremental revenues
become part of the base revenues, thereby increasing revenues for all the taxing
entities.
TIF is a very effective tool, unfortunately there has been some abuse of the tool and
often taxing entities feel it wrongly appropriates their revenues for infrastructure
projects. This sometimes overshadows the billions of dollars in public infrastructure,
new job creation, and development projects that otherwise might never have occurred.
For these reasons, some TIF projects have been controversial and the Colorado
legislature has discussed overhauling TIF enabling legislation in recent sessions.
If you would like to learn more about TIF, Wikipedia has some good information here:
https://en.wikipedia.org/wiki/Tax_ increment_ financing
As always, feel free to contact me if you have any questions or need any additional
information.
Jeff Durbin
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
FRASER BOARD OF TRUSTEES
MINUTES
DATE: Wednesday, September 2, 2015
MEETING: Board of Trustees Regular Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Board: Mayor Peggy Smith; Mayor Pro -Tem Philip Vandernail; Trustees; Eileen
Waldow, Katie Soles, Cody Clayton Taylor, Andy Miller and Jane Mather
Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Public Works Director
Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor,
Others: See attached list
Regular Meeting: Roll Call
2. Approval of Agenda:
Trustee Soles moved, and Trustee Mather seconded the motion to approve the consent
agenda moving 4A to 7H and removing 7E. Motion carried: 7-0.
3. Executive Session: For a conference with the Town's Attorney for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4) (b)
and for the purpose of determining positions relative to matters that may be subject to
negotiations, developing strategy for negotiations, and/or instructing negotiators, under
C.R.S. Section 24-6-402(4)(e) regarding water matters and to include TA McGowan, SC
Thorne, TM Durbin and PW Nordin.
Trustee Taylor moved, and Trustee Vandernail seconded the motion to enter executive
session. Motion carried: 7-0.
Enter: 6:04 p.m.
Exit: 7:00 p.m.
Attorney's Opinion Required by C.R.S. 24-6-402(2)(d.5)(II)(B).
As the attorney representing the Town of Fraser, I am of the opinion that the entire
Executive Session, which was not recorded, constituted a privileged attorney-client
communication.
Rod McGowan, Town Attorney
Trustee Miller moved, and Trustee Soles seconded the motion to exit executive
session. Motion carried: 7-0.
Page 2 of 4
4. Consent Agenda:
a) Minutes — August 19, 2015 — moved to 7H
5. Open Forum:
a) Jeanette McQuade and Stephanie Rohe — Library District Update
b) Maegan Lokteff — Grand Beginnings Update and 2016 Work Plan
6. Public Hearings:
Proposed Amendment to Fraser Town Code Chapter 6 Article 7 Retail Marijuana Hours
of Operation
Proof of publication was entered into the record. TM Durbin briefed the Board on the
request from local retailers to extend the hours of operation.
Staff is proposing an amendment to the retail marijuana regulations that would allow the
Board to extend hours of operation for individual licenses until as late as 9:OOpm if
appropriate for the neighborhood.
Trustee Soles moved, and Trustee Vandernail seconded the motion to open the public
hearing on Retail Marijuana Hours of Operation. Motion carried: 7-0.
Trustee Soles moved, and Trustee Taylor seconded the motion to close the public
hearing on Retail Marijuana Hours of Operation. Motion carried: 7-0.
7. Discussion and Possible Action Regarding:
a) Ordinance 428 Amending Fraser Town Code Chapter 6 Article 7 Retail Marijuana
Hours of Operation
Trustee Soles moved, and Trustee Vandernail seconded the motion to approve
Ordinance 428 Amending Fraser Town Code Chapter 6 Article 7 Retail Marijuana Hours
of Operation. Motion carried: 6-1.
b) Resolution 2015-09-01 License Agreement for Rendezvous Private Water
Service Lines on Town Property
PW Nordin briefed the Board on the service line project.
As part of the construction of the EMF9 subdivision, and prior to the construction and
installation of Town of Fraser water and sewer infrastructure to serve this development,
the developer, Rendezvous Colorado, LLC, is required to abandon and remove the
existing water and sewer utilities from within the plat boundaries of EMF9, which said
utility services belong to Grand County Water & Sanitation District No. 1 (GC#1). As a
result of removing those deep utilities, temporary water service to the Rendezvous sales
office (RV) and the Cozens Ranch Museum (CRM) needs to be supplied from the Town
of Fraser water system.
Page 3 of 4
Staff recommends approving Resolution No. 2015-09-01 authorizing the Town Manager
to execute the Revocable License Agreement with Rendezvous Colorado and the Grand
County Historical Association for temporary water service from the Town of Fraser
system.
Trustee Waldow moved, and Trustee Vandernail seconded the motion to approve
Resolution 2015-09-01 License Agreement for Rendezvous Private Water Service Lines
on Town Property. Motion carried: 7-0.
C) Resolution 2015-09-02 Rendezvous East Mountain Filing 9 Extension
Previously, the TB approved a final plan and final plat for EMF9 via Resolution 2015-06-
01. This resolution required that all plat documents be executed within 90 days of
approval of said resolution. Rendezvous is requesting a thirty day extension to have the
time to comply with all conditions listed in Resolution 2015-06-01.
Staff is recommending approval of Resolution 2015-09-02 extending the approvals for
execution of all final plat documents pertaining to EMF9 for a thirty day period.
Trustee Vandernail moved, and Trustee Waldow seconded the motion to approve
Resolution 2015-09-02 Rendezvous East Mountain Filing 9 Extension. Motion carried:
7-0.
d) Resolution 2015-09-03 Amending Resolution 2015-08-07 Authorizing Execution
of Grant of Easement and Joint Operations Agreement for Mary's Pond
Resolution 2015-09-03 amends Resolution 2015-08-07 clarifying operations of an
augmentation pond.
Trustee Taylor moved, and Trustee Soles seconded the motion to Resolution 2015-09-
03 Amending Resolution 2015-08-07 Authorizing Execution of Grant of Easement and
Joint Operations Agreement for Mary's Pond. Motion carried: 4-3.
e) Fraser Valley Academy Charter School Request for Letter of Support
Removed from the agenda per their request.
TA McGowan was excused from the meeting.
f) Byers Peak Ranch (Norm Carpenter) Request for Letter of Support for
Nomination to National Historic Register
TM Durbin outlined the National Historic Register guidelines.
The grant, if funded, will provide for the preparation of a National Register Nomination
for the site as well as a historic structures assessment for eight buildings within the
scope of the National Register District being proposed. These preservation tools are
critical in guiding the restoration and rehabilitation efforts of this historic site. Colorado
Preservation, Inc. is supporting the owner in these efforts in recognition of its importance
as an early working ranch, regional boys' camp, and later, as a favorite fishing
destination of President Eisenhower. Furthermore, it is being recognized for its
Page 4 of 4
architectural merit on account of the pioneer log and mid-century modern styles
represented by the buildings within the district. The owner will be contributing a match of
50% to the project budget.
Strongly encourage finding ways to give public access to the property.
Trustee Soles moved, and Trustee Vandernail seconded the motion to approve Byers
Peak Ranch (Norm Carpenter) Request for Letter of Support for Nomination to National
Historic Register with the verbiage added: the Town Board of Fraser strongly
encourages the owner research ways to give public access to the property. Motion
carried: 7-0.
g) Resolution 2015-09-04 Authorizing Execution of Contract for Fraser to Winter
Park Trail Seal Coating Project
Our low bidder for the Fraser to Winter Park Trail sealing project has withdrawn and staff
is seeking approval of an additional $3,000 for the project which would allow us to
contract with the second lowest bidder.
Trustee Waldow moved, and Trustee Miller seconded the motion to approve Resolution
2015-09-04 Authorizing Execution of Contract for Fraser to Winter Park Trail Seal
Coating Project removing the Whereas paragraph. Motion carried: 7-0.
h) Minutes — August 19, 2015
Since it was unclear if the amount is the total amount or the Town of Fraser's share "We"
changed to "The Town of Fraser".
Trustee Vandernail moved, and Trustee Waldow seconded the motion to approve
Minutes — August 19, 2015 as amended. Motion carried: 7-0.
8. Other Business:
Trustee Vandernail moved, and Trustee Taylor seconded the motion to adjourn. Motion
carried: 7-0. Meeting adjourned at 8:45 p.m.
Lu Berger, Town Clerk
TOWN BOARD REGULAR MEETING
REGISTRATION SHEET
September 2, 2015
The Public Forum is an opportunity for the public to present their concerns and recommendations regarding Town Government issues to
the Town Board. Those wishing to address the Town Board will be allowed a five-minute presentation. A maximum of six (6) people will
be allowed to address the Town Board at each Public Forum. If a topic that you wish to discuss has been scheduled for a formal Town
Board Meeting, we would ask that you reserve your remarks for that specific date and time. Topics that are in litigation with the Town will
not be heard during this forum. All presenters are urged to: (1) state the concern; and (2) list possible solutions. Please keep the
following guidelines in mind:
• Remarks that discriminate against anyone or adversely reflect upon the race, color, ancestry, religious creed, national origin, political
affiliation, disability, sex, or marital status of any person are out of order and may end the speaker's privilege to address the Board.
• Defamatory or abusive remarks or profanity are out of order and will not be tolerated.
Anyone attending Town Board meetings must sign in to ensure accurate records and minutes. Sign your name, address, and topic of
discussion on the sign in sheet. Thank you for your cooperation.
NAME
PHYSICAL ADDRESS
Email address ONLY if you wish to receive the
Board Agenda when posted
PLEASE PRINT LEGIBLY
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Email address ONLY if you wish to receive the
Board Agenda when posted
PLEASE PRINT LEGIBLY
MEMO TO: Mayor Smith and the board of Trustees
FROM: Jeffrey L. Durbin, ICMA-CM, Town Manager
DATE: September 11, 2015
SUBJECT: Byers Wastewater Treatment Facility
MATTER BEFORE BOARD:
Consideration of an application for a Use by Special Review (Byers Wastewater Treatment
Facility).
ACTION RECOMMENDED:
Motion to approve Resolution 2015-09-05
EXECUTIVE SUMMARY:
Cornerstone Winter Park Holdings, LLC has requested consideration of a Use by Special
Review and Development Permit for a new wastewater treatment facility. This facility would be
located generally behind the Fraser Valley Center along the east side of CR72. The facility is
proposed to provide service to the property known as Byers Peak Ranch and would discharge
into Elk Creek.
BACKGROUND:
Byers Peak Ranch was developed for ranching purposes in the late 1880's. It has been an
active property ever since. During the mid 1980's the Town of Fraser was considering
annexation of the property, these discussions ultimately led to the public road we now know as
the Fraser Valley Parkway (CR721). However, economic conditions led to changes in
ownership. Over the intervening years, property owners continued to express interest in
annexation to the town.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 1
The red triangle is the approximate location of the proposed Byers Wastewater Treatment
Facility. The green line outlines Byers Peak Ranch, the proposed service area for the
wastewater treatment facility.
In 2013, the Fraser Town Board approved an annexation agreement for the property known as
Byers Peak Ranch. Under the terms of the agreement the 300 acre property would have been
zoned for mixed uses with up to 1,897 single family equivalencies (SFEs). The agreement
included a variety of other terms and conditions. The decision was controversial for a variety of
reasons, and ultimately a citizen referendum led to the placement of two questions on the
November 2013 ballot. The questions asked voters to decide if Ordinances 407 (annexing the
property) and 409 (zoning the property) should be overturned. Voters approved both measures
which effectively vetoed the annexation of the property.
While the Town Board expressed interest in renegotiating another annexation agreement, the
property owner proposed consideration of an out-of-town water and sewer service agreement.
In March of 2014, the Town Board approved such an agreement to provide water and sewer
service to the unincorporated property. However, the terms of the agreement were deemed
unacceptable by the owner and the agreement was not executed.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 2
While there have been some recent discussions regarding providing wastewater treatment only
via the Upper Fraser Valley Wastewater Treatment Plant, the property owner is currently
pursuing development of the property in unincorporated Grand County. Byers Peak Properties
is currently pursuing a new water system via Colorado Water Court Case Number 14CW3097.
Wastewater treatment is proposed to be provided via the Byers Wastewater Treatment Facility.
While we anticipate that a new water and sanitation district of some sort would be established
for operations, it is unclear at this time which public/private entity would operate facility. The
applicant is Cornerstone Winter Park Holdings, LLC.
USE BY SPECIAL REVIEW
Mechanical Wastewater Treatment Facilities are only permitted in the Business District upon
special review and approval of a Use by Special Review as provided by Chapter 16, Article 4 of
the Fraser Municipal Code. The Planning Commission and Town Board must make findings
regarding compliance with the provisions of these regulations.
A hearing has been scheduled for the June 24, 2015 Planning Commission meeting. At this
time, the Commission will be provided information from staff and the applicant. Additionally, the
Commission will hear public comment. This is a Quasi -Judicial process, therefore only
information and matters presented to the Planning Commission and Town Board during public
hearing may be considered in making their findings. The Planning Commission may continue
the hearing, or request an executive session to request legal advice from the Town Attorney, but
must make a recommendation to the Town Board within 30 days after completion of the
hearing.
The Planning Commission recommendation is forwarded to the Town Board for consideration.
The Board will conduct a Public Hearing (after provision of proper notice), after which the Town
Board must make findings and a decision within 30 days.
Following is Criteria from Fraser Municipal Code, staff comments are included in red. "Pending
PC review" references a matter that requires Planning Commission consideration and approval.
The Planning Commission considered these factors and did not approve any of the matters
requiring their approval as noted below.
Sec. 16-4-450. - Criteria for review.
The Town staff, Planning Commission and Board of Trustees shall consider the following
criteria when evaluating an application for a use permitted by special review permit:
(1) Whether the proposed use complies with all requirements imposed by this Code and all
other ordinances and regulations of the Town.
(2) Whether the proposed use is in conformance with the Town's Comprehensive Plan.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 3
(3) Whether the proposed use is compatible with adjacent uses. Such compatibility may be
expressed in appearance, architectural scale and features, site design and the control of any
adverse impacts, including noise, dust, odor, lighting, traffic, safety and impact on property
values of the surrounding area.
(4) Apparent community need for the use.
(5) Suitability of location for the use.
(6) Whether the proposed use is in compliance with the other requirements of this Article.
Sec. 16-4-460. - Site guidelines.
The following site guidelines must be satisfied in connection with the approval, construction
and continued operation of mechanical wastewater treatment plants as a use permitted by
special review under these regulations:
(1) Maximum building footprint. For administrative, electrical, blower room, sludge
processing and headwork uses: seven thousand five hundred (7,500) square feet total; for
associated wastewater treatment facility, including but not limited to settling tanks,
aeration tanks and pump stations: two thousand (2,000) square feet per one hundred
thousand (100,000) gallons treatment capacity. To the greatest extent possible, consistent
with sound engineering principles, the building footprint shall be minimized. OK
(2) Parking. All on-site parking lots shall be paved. Parking lots shall be screened from
public view by the use of hedges, earth berms or other appropriate landscaping features
approved by the Planning Commission and Board of Trustees. OK
(3) Access roads. Access and maintenance roads within the property are not required to be
paved. Access roadways may be surfaced with other materials, as permitted by the Board
of Trustees. A dust -controlling substance shall be applied to all gravel road surfaces in the
summer. At least two (2) applications per summer season are required. OK
(4) Required setback from any watercourse. One hundred fifty (150) feet from any
watercourse to any structure. OK
(5) External storage of materials and equipment. None permitted without an approved
fencing and landscaping screening plan approved as part of the permit application. Pending
PC review
(6) Fencing. All fencing shall be approved by the Planning Commission and Board of
Trustees, as part of the permit application. Pending PC review
(7) Refuse and service areas. All trash areas shall be easily accessible by trash collection
vehicles and screened from public view by either landscaping or a fence that is
architecturally compatible with the development. Unsightly mechanical and electrical
equipment and all service areas shall also be screened from public view.
Dumpsters at wastewater treatment facilities are particularly attractive to wildlife.
Accordingly, the facility should include provisions to ensure compliance with the
provisions of the Wildlife Protection Ordinance.
(8) Open space. Not less than sixty-six percent (66%) and not more than seventy-five
percent (75%) of the total site area per single mechanical wastewater treatment plant shall
be designated as open space. Town staff and the Planning Commission shall recommend,
and the Board of Trustees shall determine, the appropriate portion of the site to be
designated as open space. Such reservation shall be of lands not suitable or necessary for
mechanical wastewater treatment plant purposes and shall not exceed eighteen (18) acres
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 4
per plant site. The Board of Trustees hereby finds and declares that such open space
designation is required for adequate protection of the public health, safety and welfare by
ensuring proper separation between mechanical wastewater treatment plants and other
uses. The following additional regulations shall apply:
a. Designated open space, as used herein, shall mean open space as defined by
Section 16-1-40 of this Chapter, lands dedicated and conveyed to the Town as
public open space, or a combination thereof. If retained by the applicant,
designated open space shall be subject to deed restrictions preserving its open
space status (which deed restrictions may be modified only pursuant to an
agreement between the Town and the applicant) or, alternatively, may be
dedicated and conveyed to the Town as publicly owned open space.
Applicant proposes inclusion of notes on the site plans and indicates that such
plans would be recorded against the property. As provided by the Town Code, "if
retained by the application, designated open space shall be subject to deed
restrictions preserving its open space status." The purpose for such a requirement
is to ensure the effect of the restriction. A note on a development permit is easy to
overlook during a title review. This restriction should be provided via separate
covenant imposing the open space restriction on the property including
enforcement provisions.
b. Within the range established herein, the exact acreage and location thereof to be
designated for open space purposes and that to be reserved for mechanical
wastewater treatment plant purposes, shall be jointly determined by the Town and
the applicant, and shall take into consideration the technological and engineering
requirements to construct a plant that will serve the applicant's wastewater
treatment requirements at build -out (including, without limitation, soil testing and
setback requirements from any watercourse), reasonably foreseeable regulatory
requirements imposed by federal, state or local governments, a buffer area
between the plant facilities and the areas of public access, and an amount of land
that represents a reasonable contingency for unforeseen circumstances.
c. The applicant shall not use any part of its property located within the boundaries
of the Business District within the Town for any purpose other than for
mechanical wastewater treatment plant purposes, except as authorized by the
Town pursuant to an application submitted under applicable portions of this Code.
d. The obligation to designate land for open space purposes shall arise on the date
that an application hereunder has received final approval by the Board of Trustees
and has become effective by operation of law. It is the intent that, if land formerly
used as wastewater lagoons is to be designated as open space, such land must be
reclaimed and converted to wetlands or a Recreational Class 2 facility (a pond)
pursuant to the classification of the Colorado Department of Public Health and
Environment. Such ponds may be dedicated as public open space but may be used
by the applicant in whole or in part for water augmentation purposes.
e. The applicant shall complete reclamation of ponds formerly used as wastewater
lagoons within four (4) years of the date they are taken out of service in
connection with the start-up of the new mechanical wastewater treatment plant.
Progress of reclamation of ponds shall be reported annually to the Board of
Trustees.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 5
f. Notwithstanding any other provisions of this Paragraph, during the period of the
applicant's ownership, there shall be no public access to property owned by the
applicant (including both property to be designated by the applicant for open
space purposes and property retained by the applicant for mechanical wastewater
treatment purposes).
Sec. 16-4-470. - Design guidelines.
The following design guidelines must be satisfied in connection with the approval,
construction and continued operation of mechanical wastewater treatment plants as a use
permitted by special review under this Division:
(1) Maximum height. Thirty (30) feet above treated sludge conveyor and loading areas;
twenty (20) feet above all other plant components; measured pursuant to the definition of
height of building set forth in Section 16-1-40 of this Chapter. OK
(2) Color. A color palette for all proposed structures and features shall be submitted to and
approved by the Planning Commission and Board of Trustees at the time of permit
application. The color palette shall be designed to permit flexibility to the applicant in
designing the facility, while at the same time rendering the facility as visually unobtrusive
as possible. The same or similar building materials and colors shall be used on main
structures and any accessory structures upon the site. Exterior wall colors should be
compatible with the site and complementary to the materials used, the surrounding
environment and the context of the neighborhood. Pending PC review
(3) Exterior building materials. Exterior materials and architectural forms shall include two
or more materials in addition to roofing and structure materials. The principal materials
used on building facades should be wood (including siding), stone, brick, stucco, pre -cast
concrete with an architectural finish, split -face block or other material or facade acceptable
to the Town. The facades of buildings must be broken up. Long, blank walls and roof lines
must be avoided. All exterior wall materials must be continued down to finished grade,
thereby eliminating unfinished foundation walls. The back of a building must have the
same overall design as the front of a building. Exterior materials shall be approved by the
Planning Commission and Board of Trustees. Pending PC review
(4) Prohibited external building materials: metal.
(5) Roofs. Flat roofs are prohibited. All roofs must have a pitch of not less than two and
one-half (2'/z) inches to twelve (12) inches. OK
(6) Noise and odor.
a. It is the intent of the Board of Trustees to regulate activities contributing or
potentially contributing to the degradation of usage of property and of air quality
within the Town limits in order to preserve public health, safety and welfare.
Accordingly, no noise or odor shall emanate beyond the portion of the property
used for wastewater treatment which interferes with the reasonable and
comfortable use and enjoyment of property.
b. The applicant shall submit, as part of its application, a plan for controlling and
containing noise and odor on the site, and for measuring compliance with that
plan. The plan, if and when approved by the Board of Trustees, shall become a
permit condition and a condition of permit approval. Pending PC review
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 6
c. Determination of a violation. A violation of either the noise or odor
requirements of this Paragraph shall be determined only in the event that the Town
has received complaints from a resident, a visitor or Town staff. The Town or its
designated representative shall investigate the complaint and make a
determination of whether the standards set forth herein have been violated. If a
violation is found, the permit holder, at the Town's direction, shall forthwith take
action to remedy or remove the condition causing the violation. The permit holder
shall have fifteen (15) days, or such other period of time as may be determined by
the Town, in which to cure the violation in a manner acceptable to the Town.
Failure to so cure the violation may result in assessment, in the sole discretion of
the Town, of reasonable civil fines and penalties or the filing of a complaint in
Municipal Court.
(7) Storage and removal of treated sludge. No treated sludge shall be stored on-site except
in the plant's primary structure. The removal of treated sludge shall occur at times mutually
agreed upon by the applicant, the Planning Commission and the Board of Trustees. See
JRS Memo
(8) Wastewater treatment facility. All components of the wastewater treatment facility,
with the exception of the treatment basins, shall be enclosed within a permanent structure.
Treatment basins may be uncovered, covered by a permanent structure or beneath a
suitable floating cover, the design and color of which shall be permitted as a part of the use
permitted by special review permit. See JRS Memo
Sec. 16-4-480. - Landscape requirements for uses permitted by special review.
(a) Landscaping plan. The landscape plan shall include, as a minimum, the following:
(1) North -indicating arrow.
(2) Property lines.
(3) Locations of the existing and proposed structures on the site.
(4) Locations of all existing and proposed hard surface areas.
(5) Table listing of botanical names, the common names and the planting sizes and
quantities of all plantings.
(6) Identify which existing trees will remain and which trees will be removed.
(7) Location and description of landscaping improvements, such as earth berms,
walls, fences, screens, lights, groundcover, planter boxes, water elements and
other natural materials.
(8) Irrigation plans.
(9) A statement providing that the owner and his or her heirs, successors and
assigns will provide adequate maintenance for all site elements.
(10) Minimum size for all deciduous trees shall be two (2) inches in caliper.
Minimum size for evergreen trees shall be six (6) feet in height.
(11) Minimum size for all shrubs shall be five (5) gallons and at least one and one-
half (11/2) feet tall.
(b) Landscaping requirements.
(1) Landscaping required: fifteen percent (15%) of lot area.
(2) Tree requirement: seventy-five percent (75%) of landscaping area.
(3) Shrub requirement: twenty-five percent (25%) of landscaping area.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 7
As part of review and approval of a use permitted by special review, the Planning
Commission may recommend and the Board of Trustees may approve, in its sole
discretion, a landscaping plan which provides for landscaping in amounts, location
and composition different from the requirement set forth in this Section if, in the
opinion of the Planning Commission and the Board of Trustees, such alternate
landscaping plan meets or exceeds the goals sought to be attained by the numeric
landscaping requirements of this Section, by obscuring, to the full extent possible,
the facility or facilities permitted by special review. Pending PC review
(c) Landscaping maintenance.
(1) Landscaping maintenance shall include irrigation, fertilization, pruning and
weed control. Nonliving elements in landscaping also need maintenance to avoid
being in violation of this Article.
(2) Prior to issuance of a certificate of occupancy, the applicant shall also submit a
guaranty or performance bond, in a form acceptable to the Town, of twenty-five
percent (25%) of the estimated cost of the plant material provided as part of the
landscaping requirement. This amount shall be retained by the Town until the
plant materials have been maintained in a satisfactory condition for two (2) years
after installation. The Town may during that time draw upon the twenty -five -
percent guaranty to replace plant materials which have died. The remainder of the
guaranty, if any, shall be returned to the owner of record upon the expiration of
the two-year period.
DEVELOPMENT PERMIT
All new developments in the Business District require a Development Permit in accordance with
the Fraser Municipal Code. However, as provided by Section 16-4-420 approval of a Use by
Special Review also constitutes approval of a Development Permit. Accordingly, consideration
of the application for a Use by Special Review must also consider the criteria applicable to a
Development Permit.
Sec. 16-4-420. - Relationship to Business District regulations.
The requirements of Sections 16-4-430 through 16-4-450 generally govern the procedure for
application for uses permitted by special review within the Business District. All uses by
special review in the Business District shall be considered "major proposals." Issuance of a
permit for a mechanical wastewater treatment facility under these regulations, and in
compliance with all other applicable regulations of the Business District, shall constitute a
development permit under the Business District regulations.
The applicable review criteria as provided by the Fraser Municipal Code follows, staff comments
are included in red. "Pending PC review" references a matter that requires Planning
Commission consideration and approval.
The Planning Commission considered these factors and did not approve any of the matters
requiring their approval as noted below.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 8
a Sec. 16-4-210. - Utility and construction standards.
(a) All developments shall comply with the Minimum Design Criteria and Construction Standards
("Standards") as adopted by the Town. Refer to Chapter 14 of this Code.
(b) Water. All developments shall be served by adequately sized and constructed water
systems. Not Provided. Wastewater treatment operations require water supply, applicant has
indicated water service will be provided under the terms of the Meters Water Agreement. This
should be clarified by the applicant.
(c) Sewer. All developments shall be served by adequately sized and constructed sewer
systems. NA
(d) Underground utilities. All utility lines, on-site and off-site, shall be placed underground.
Transformers or connection boxes may be located above ground and screened with planting
material. See JRS Memo
• Sec. 16-4-220. - Circulation.
(a) Vehicular circulation. The type, arrangement, location and size of all roadways shall be in
compliance with the Standards. Where new developments abut a right-of-way that does not meet
the existing Standards, it shall be the responsibility of the developer to improve the public right-
of-way in compliance with the Standards, including but not limited to the dedication of additional
rights-of-way and easements, paving of streets, installation of curbs, gutters, drainage, lighting,
signage, sidewalks, pedestrian pathways and bicycle pathways. When a change of use is proposed
contiguous to an existing street, street improvements may be required at the discretion of the
Town staff or Planning Commission. Pending PC review
(b) Ingress and egress. Access into commercial projects shall be limited in order to reduce
conflicts between pedestrians and automobiles. The provision of two (2) vehicular
access/egress points may be required at the discretion of the Town staff or Planning
Commission. Access onto the state highway is controlled and permitted by the Colorado
Department of Transportation (CDOT). Pending PC review
(c) Pedestrian and bicycle circulation. Development and installation of pedestrian and bicycle
pathways are required. This will include the provision of sidewalks and pedestrian or bicycle
trails adjacent to the site necessary to tie into existing and proposed trail systems. Pedestrian
and bicycle pathways shall be in compliance with the Standards. Pending PC review
• Sec. 16-4-230. - Drainage.
It shall be the responsibility of the applicant to provide drainage improvements. The applicant
shall provide engineered data sufficient to indicate that the drainage from the proposed
development will not adversely affect any downstream properties or the community as a whole,
and shall design and install all drainage improvements in compliance with the Standards. See
JRS Memo
• Sec. 16-4-240. - Water quality.
The applicant shall show evidence and plans to ensure that the proposed development will not
result in the degradation of any watercourse. This condition shall apply to both the proposed
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 9
construction activities and the ultimate use of the land. Items such as percolation pits, settling
ponds, infiltration galleries, sand traps, grassed waterways and the maintenance of these items
shall be addressed and resolved prior to issuance of a building permit. Direct discharge into any
watercourse is prohibited. See JRS Memo
• Sec. 16-4-250. - Stream setbacks.
A minimum thirty -foot -wide strip of land measured horizontally from the mean identifiable high
water mark on each side of a watercourse shall be preserved for use as open space, landscaping,
etc. A greater setback of up to a total of one hundred fifty (150) feet may be required at the
discretion of the Planning Commission. Pending PC review
• Sec. 16-4-260. - Erosion control.
Erosion control plans are required for all developments. All drainage from the site during
construction must go through an erosion control device. See JRS Memo
• Sec. 16-4-270. - Floodplains.
For any developments located within the one -hundred -year floodplain, a plan of on-site flood
prevention, control and hazard mitigation shall be prepared and implemented according to the
provisions of the Town.
The proposed development is not located within the regulatory 100 year floodplain.
• Sec. 16-4-280. - Geological hazards.
Developments proposed for suspected geological hazard areas should be designed or reviewed by
a qualified professional geologist, and all negative impacts should be mitigated. OK
• Sec. 16-4-290. - Height of structures.
It is the policy of the Town that no buildings within the Business District shall exceed forty-five
(45) feet in height. OK
• Sec. 16-4-300. - Placement of structures.
All residential structures shall have a minimum front yard of twenty (20) feet, a minimum side
yard of seven (7) feet and a minimum rear yard of ten (10) feet. OK
• Sec. 16-4-310. - Parking.
(a) Number of spaces. The number of parking spaces shall generally be provided as required by
Section 16-8-50 of this Chapter.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 10
(1) The Planning Commission may reduce the number of required spaces by up to twenty
percent (20%) when parking is provided in common for more than one (1) business. The
utilization of joint parking facilities to minimize the proliferation of parking areas is
encouraged.
(2) The Planning Commission may allow for on -street parking in the older sections of the
Business District (herein defined as the entire Business District adjacent to the US 40
Corridor from County Road 8 to County Road 804) in an effort to encourage infill and
redevelopment opportunities. A detailed parking plan shall accompany the development
permit application, and the parking shall be allocated and located in proportion and in
relation to the proposed land use. The Town may consider such proposals on a case-by-
case basis.
(b) Size. For parking lots with less than ten (10) parking spaces, the parking spaces shall be ten
(10) feet by twenty (20) feet, except for handicapped spaces which shall be fourteen (14) feet
by twenty (20) feet. For parking lots with ten (10) or more parking spaces, eighty percent
(80%) of the required spaces shall be ten (10) feet by twenty (20) feet, while the remainder of
the spaces may be reduced to nine (9) feet by eighteen (18) feet. Proposed plans indicate four
parking spaces at nine (9) by eighteen (18) feet. No handicap spaces are provided. This does
not comply with the above requirements.
(c) Drive lanes. All entrance and parking lot drive lanes shall be a minimum of twenty-four
(24) feet wide allowing for two-way traffic. Where angle parking and/or one-way drive lanes
are proposed, the Town may consider such proposals on a case-by-case basis. It is not clear
how the proposed access road relates to the roadway plans for Elk Creek Neighborhood.
(d) All parking lots and commercial storage and service areas shall be screened from adjacent
residential property by the use of landscaping, berming, fences or a combination of landscaping
and other structural features approved by the Planning Commission.
(e) Parking lot perimeter landscaping shall be required for parking lots with ten (10) or more
parking spaces to minimize the visual impact of large paved surfaces. Pedestrian access to
sidewalks and buildings should be considered in the design of the landscaped areas and islands.
Parking areas adjoining a street shall provide a landscape buffer between the street right-of-
way and parking area. Screening materials may include a combination of plant materials (trees,
shrubs and ground cover), earth berms, walls or fences, raised planters or other screening
devices which meet the intent of this requirement. Parking lot perimeter landscaping plant
materials shall include one (1) tree and two (2) shrubs for every twenty (20) feet of parking lot
frontage. Trees and shrubs need not be planted in a linear, spaced manner, but may be grouped
together where appropriate. NA
(f) Parking lot interior landscaping shall be required for parking lots with twenty (20) or more
parking spaces to minimize the visual impact of large paved surfaces. The intent of the
landscaped islands is to provide a measure of aesthetics to the parking areas without seriously
inhibiting snow plowing and storage. One (1) tree and two (2) shrubs shall be provided for
every ten (10) parking spaces or fraction thereof. OK
(g) Paving. All parking areas and driveways shall be paved with either asphalt, concrete or
other acceptable hard surface material meeting the Standards. OK
• See. 16-4-320. - Exterior lighting.
(a) General. The purpose of exterior lighting is to allow for outdoor illumination levels which
are appropriate for the visual task, safety and security while minimizing the undesirable effects
of excessive illumination such as glare, sky glow and light pollution. Exterior lighting shall be
minimized and shall be directed to subtly illuminate functional areas only, including all
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 11
pedestrian access routes and parking areas. Exterior lighting shall be designed, located, placed
and shielded to be architecturally and aesthetically in keeping with buildings and surroundings,
shall create minimum light pollution and shall not directly illuminate adjoining property. In
addition, a desirable byproduct of these regulations is the increased use of energy efficient
sources. If the Town deems necessary, a lighting or illumination engineer shall review the
proposed type of lighting. All costs associated with such review shall be paid by the applicant.
(b) Specifications. Refer to Chapter 14 of this Code for exterior lighting standards. No detail
provided. Bestall memo references an Exhibit A that has not been provided.
• Sec. 16-4-330. - Landscaping requirements and natural features.
(a) General. Because landscaping enhances aesthetic appeal and protects the area's unique
natural beauty and environment, it is hereby declared to be a benefit to the general public. As
such, landscaping shall be subject to regulation and ensured by a performance guarantee.
(b) Preserve existing trees, shrubs and natural features. All developments shall be responsive to
site and natural conditions and minimize disturbance to land and existing vegetation. The
landscaping plan shall demonstrate that a reasonable effort has been made to preserve existing
healthy trees, shrubs and topsoil. Watercourses, historic sites and similar irreplaceable assets
shall also be preserved in the design of the subdivision.
(c) Appropriate plant materials. Native and drought -tolerant plant species and seed mixes
containing grasses and wildflowers are strongly encouraged, and noxious weeds and plants are
prohibited, per the Colorado Noxious Weed Act (Section 35-5.5-101, et seq., C.R.S.). The
utilization of the principals of Xeriscape landscaping is encouraged in order to conserve water
resources. Bluegrass and other grasses requiring high consumption of water are discouraged.
Ornamental nonliving materials, such as decorative rock, wood chips, mulch, brick and paving
stones, shall be permitted to be incorporated into a landscaping plan. Landscaping designs
should generally use a three-tier concept utilizing hardy, low -growing ground covers, medium -
height shrubs and trees. The recommended plant list for the Town is available upon request.
The Town Gardener shall review all landscaping plans.
(d) Revegetation of disturbed land. All areas disturbed by grading or construction, not being
formally landscaped, shall be mulched and revegetated with seeding mulch (straw -crimped in
place or hydromulch, etc.).
(e) Guarantee. Performance guarantees shall include the success of all landscaping
improvements and revegetation for two (2) growing seasons after installation. Landscaping that
dies within the two-year period shall be replaced and shall be required to live for at least two
(2) years from the time it is replanted.
(f) Obstruction of signs and fire hydrants. Vegetation shall be placed so as not to block sight
distances from driveways, corners and intersecting streets. Fire hydrants shall not be obstructed
by landscaping.
(g) Wildfire defensible space. Creating a defensible space around a home and on property is an
important step to take in order to protect your home and property from wildfire. Defensible
space is an area around a structure where fuels and vegetation are treated, cleared or reduced to
slow the spread of wildfire towards the structure. It also creates an area where fire suppression
operations can occur.
(h) Landscaping Plan. Refer to Chapter 14 of this Code for landscaping plan standards.
Pending PC review
• Sec. 16-4-340. - Snow management.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 12
(a) Snow management is critical in the Town's mountain climate. Roofs should be designed to
either hold snow or shed snow in appropriate areas. Buildings must be set back from the
property line to accommodate snow shedding, or a snow storage easement from the adjacent
property owner must be provided. Use of snow guards and protected entries in high risk areas
may be required.
(b) Adequate space shall be provided within the development for the storage of snow. It is
required that a functional snow storage area be provided which is equal to at least thirty-three
percent (33%) of the area to be cleared of snow. Specific areas to be cleared shall include the
full dimensions of roadways, walkways and parking areas.
(c) Snow storage areas shall be designed so that snow is not stored in a manner where, when
melting, it directly discharges into any watercourses, streets, pedestrian pathways and/or
bicycle pathways. Silt catch and/or detention basins may be required at the discretion of the
Town staff.
Pending PC review
• Sec. 16-4-350. - Trash, service and storage areas.
All trash areas shall be easily accessible by trash collection vehicles and screened from public
view by either landscaping or a fence that is architecturally compatible with the development.
Unsightly mechanical and electrical equipment and all service and storage areas shall be screened
from public view. Pending PC review
• Sec. 16-4-360. - Site design.
The Town finds that it is in the public interest for all development sites to be designed and
developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions,
uses and improvements should reflect the natural characteristics and limitations of the site and
adjacent property. Specific site design elements that should be considered include:
(1) Building orientation. Buildings should take advantage of a south -facing orientation for
solar heat gain to the greatest extent possible. Buildings should be oriented parallel to the
primary street front. A skewed building orientation should be avoided.
(2) Pedestrian orientation and amenities.
(3) Natural features. It is necessary to preserve as much of the existing natural features and
vegetation on the site as possible. The proposed development shall minimize the visual
destruction of natural land forms caused by cutting, filling, grading or vegetation removal.
Pending PC review
• Sec. 16-4-370. - Design guidelines.
It is the policy of the Town to encourage building designs and materials to be architecturally
compatible with the historic, natural and mountain environment of the Town. To accomplish this
goal, new development should meet a majority of the following design guidelines:
(1) Building elements and materials.
a. Building facades should incorporate a variety of materials.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 13
b. Porches with wooden posts, columns or functional awnings should be incorporated
into the building design. All porches and awnings should have an eight -foot minimum
clearance.
c. Building materials shall be compatible and in harmony with the natural setting of
the Town. The use of natural stone masonry, exposed wood structural beams, logs,
heavy timbers, stucco and masonry are all acceptable materials. The use of stone or
masonry as a foundation up to a height of at least thirty-six (36) inches is encouraged.
d. The back of a building must have the same overall design as the front of a building.
(2) Mass. The mass of the building should be compatible to adjacent buildings. Long,
uninterrupted exterior walls and/or roof lines should be avoided to break up the mass of the
building.
(3) Roof elements and design. Where pitched roofs are used, they shall be designed in a
manner that provides variation in roof lines to break up large expanses of roof and to add
architectural interest to the roof.
(4) Colors. Color schemes for both the building and roof should be compatible and found
in the natural landscape, such as earth -toned solids (browns, greens, greys, etc.), bedrock
and woodland vegetative growth. High-contrast, bright colors may be approved at the
discretion of the Planning Commission.
(5) Windows. Display windows on the first floor should face the primary street frontage
and provide visual interest.
Pending PC review
• Sec. 16-4-380. - Energy conservation.
The implementation and operation of systems or devices which provide an effective means of
renewable energy are encouraged.
• Sec. 16-4-390. - Resident housing.
It is the policy of the Town to encourage the construction of resident housing. The creation of
resident housing is critical to the health, safety and welfare of the community. In commercial or
office projects, it is encouraged that resident housing be provided on the second floor.
MEYER SUBDIVISION IMPROVEMENT AGREEMENT
The property proposed for the treatment plant is within the Meyer Subdivision approved in 2005
and is subject to the terms of the May 26, 2005 Subdivision Improvement Agreement executed
between the Town and Cornerstone Winter Park Holdings LLC with respect to that subdivision.
The Meyer Subdivision was a resubdivision of previously platted property and was generally
intended to extinguish prior restrictions and undertakings relating to the property and defer new
improvements and undertakings until such time as the property was developed. Among other
things, the Subdivision Improvement Agreement provides:
The Town may require additional street rights-of-way and access and utility easements
in connection with further subdivision or issuance of a development permit for either of
the Lots included on the Meyer Subdivision plat.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 14
2. The Town reserved the right to review future development plans for the property,
whether in terms of a further subdivision application or an application for a development
permit or building permit. As part of such review, the Town may require and condition
approval of the development upon the following:
(a) The Town may require additional dedications of streets and easements as
necessary to serve the proposed development and/or to connect with other existing
or planned streets;
(b) The required easements are to include a public pedestrian access to and along Elk
Creek;
(c) The Town may require that CR 72 be widened and/or realigned to accommodate the
alignment of the Fraser Valley Parkway.
(d) The Town may require compliance with other requirements of the subdivision
regulations, including minimum open space, stream setbacks, trails, sidewalks and
drainage facilities;
(e) The Town may require the owners of the first Development Parcel to be developed
to be responsible for and pay the costs of designing and constructing CR 72 as a
40 -foot paved driving surface, from the end of the existing pavement at the
intersection with John's Drive to the separated grade railroad crossing near the
south boundary of the Subdivision.
3. The Agreement states that the Town will provide water service for the property, but only
on the same basis as other Town customers and upon payment of applicable tap and
service fees.
4. There is nothing in the Meyer Subdivision Improvement Agreement relating to
wastewater service, as it pre -dated the dissolution of the Fraser Sanitation District.
Further, we are not aware of any existing agreement relating to wastewater service to
the property, or any agreement granting easements or rights-of-way for the proposed
crossing of CR 72 with the wastewater main to the proposed plant, as alluded to in prior
correspondence from the applicant.
Items 2(b), 2(c), and 2(e) above are not provided for within the proposed development plans.
UPPER FRASER VALLEY WASTEWATER TREATMENT AGREEMENT
This Agreement, sometimes also referred to as the Joint Facilities Agreement, was entered into
in 2001 by the Fraser, Winter Park Ranch and Grand #1 sewer districts to provide for the
construction and operation of the consolidated sewer treatment plant and related facilities. The
Town stepped into the shoes of Fraser Sanitation District under the Agreement upon dissolution
of the District.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 15
The Agreement includes a provision, in Section 9.2, which states "No District shall allow a
competing private system to be constructed within its corporate limits." Cornerstone's proposed
treatment plant arguably constitutes such a "competing private system"
WATER SUPPLY PROTECTION DISTRICT
Initially, concerns were expressed that Chapter 13, Article 3 of the Fraser Municipal Code
(Water Supply Protection District), which provides for the protection of our public water supply
would apply. These regulations define the construction of a sewage disposal system as
Pollution Hazard Activity which is regulated by these provisions. However, the definition of a
Sewage Disposal System specifically excludes mechanical wastewater treatment plants noting
that they are instead governed by Chapter 16 Article 4 of the Code (as referenced above).
USACE 404 PERMITTING REQUIREMENTS
Given recent comment during public hearings for Elk Creek Neighborhood, which is also located
along Elk Creek, we anticipate concerns regarding the potential impact to wetlands in the
riparian corridor. However, the Town of Fraser does not have jurisdiction for enforcement of
Section 404 of the Federal Clean Water Act. The US Army Corps of Engineers regulates any
applicable permitting requirements.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CDPHE)
WATER QUALITY CONTROL COMMISSION DISCHARGE PERMIT REGULATIONS
In addition to approval of the Use by Special Review, the facility will require approval from
CDPHE in accordance with the regulations provided below. At this time, an application has not
yet been submitted to CDPHE.
As provided by the Colorado Department of Public Health and Environment (CDPHE) Water
Quality Control Commission Site Location and Design Approval Regulations for Domestic
Wastewater Treatment Works (5 CCR 1002-22), prior to submitting an application to the
Division, the application must be submitted to the local authorities and the 208 planning agency
for review and comment in accordance with Section 22.4(2). These application procedures
apply to proposals to construct new treatment facilities that will produce reclaimed domestic
wastewater if those facilities are to be constructed at a site location that has not been previously
approved by the Division.
Section 22.4(2) provides that the applicant shall be responsible for submitting the application
and engineering report described in section 22.4(1)(b) for the proposed new domestic
wastewater treatment works to all appropriate local governments (whether within of the town or
within three miles of its boundaries), 208 planning agencies and State agencies for review and
comment prior to submission to the Division.
Section 22.4(1)(b) the submittals that must accompany an application as follows.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 16
(b) Accompanying the application shall be an adequate engineering report describing the
proposed new domestic wastewater treatment works and showing the applicant's
capabilities to manage and operate the facility over the life of the project. The report
shall be considered the culmination of the planning process. A full design report is not
necessary for the application or to obtain approval. Design review procedures are
described in section 22.11. The engineering report submitted with the application shall
address and/or include the following at a minimum:
(i) Service area definition including existing and projected population, site location,
staging or phasing, flow/loading projections, and relationship to other water and
wastewater treatment plants in the area.
(ii) Proposed site location, evaluation of alternative sites, and evaluation of treatment
alternatives. A less detailed evaluation of alternative sites and treatment 8
alternatives may be submitted for domestic wastewater treatment works with a
design capacity less than 50,000 gpd; however, the feasibility of consolidation must
be considered in the report.
(iii) Preliminary Effluent Limitations (PELs) as developed in coordination with the
Division. The applicant may indicate in the engineering report that effluent limits for
metals, organic parameters, and/or inorganic parameters, other than for total
residual chlorine, will be met through implementation of a pretreatment program or
other legally enforceable means of limiting discharges of these parameters to the
wastewater collection system. The applicant may also provide documentation in
the form of effluent data or an analysis predicting effluent quality to demonstrate
that the limits will be met without specific source controls. Where the applicant
indicates these parameters will be controlled by means other than treatment, after
considering information provided by the applicant, the Division may condition the
approval of the site location application to require a plan for control of the pollutants
to be submitted with the permit application for the facility. Where the Commission
has adopted a temporary modification pursuant to section 31.7(3)(a)(iii) for the
segment to receive the discharge for metals, organic parameters, or inorganic
parameters other than for total residual chlorine, the preliminary effluent limits will
be based on subsection 31.14(15)(b) of the Basic Standards and Methodologies
for Surface Waters (Basic Standards). Where the temporary modification is
adopted pursuant to subsection 31.7(3)(a)(i) of the Basic Standards, the
preliminary effluent limit will be set consistent with the underlying standard. Prior to
submitting the application, the applicant is responsible to ensure that it has
considered any impacts changes to water quality standards may have on the PELs
in their application for site location approval and design for the proposed
wastewater treatment works. Additionally, there are other factors that can impact
the applicability of the PELs, such as changes in stream flows or ambient water
quality. The Division may require that the PELs be re-evaluated when the Division
is processing an application with PELs that, in the Division's judgment, may no
longer be applicable. If it is determined that new PELs must be issued, Division
action on the application will be delayed until new PELs are developed and it is
verified that the proposed treatment process(es) will be able to meet any new PELs
developed in accordance with this subsection.
(iv) Analysis of the loading, capacity and performance of any relevant existing facilities
within the applicant's service area(s).
Town of Fraser
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PAGE 17
(v) Analysis of opportunities for consolidation of treatment works in accordance with
the provisions of section 22.3(1)(c), including those recommended in the water
quality management plan, unless the approved water quality management plan
recommends no consolidation.
(vi) Evidence that the proposed site and facility operations will not be adversely
affected by floodplain or other natural hazards. Where such hazards are identified
at the selected site, the report shall describe means of mitigating the hazard.
(vii) Information used to evaluate geotechnical conditions at the proposed and
alternative sites. This may include soil survey data from the Natural Resource 9
Conservation Service (NRCS), available data from the Colorado Geological
Survey, existing available data from on-site or adjacent geotechnical investigations,
and other data and information the applicant deems to be representative of the
expected geotechnical conditions. The preliminary geotechnical information must
be sufficient for that person to make a determination that the site can reasonably
be expected to support the proposed treatment works. Applicant may choose to
submit a formal geotechnical report, including site-specific soil boring information
and meeting the requirements of Section 22.4(1)(b)(viii), in support of the site
application. The engineering report shall address the impact of expected
geotechnical conditions at the proposed and alternative sites on design,
construction, operation, and maintenance of the proposed facilities. During the
design phase, the Division may require that evidence be presented in the form of a
report, containing soils testing results from the site of the proposed treatment
works and design recommendations, prepared by a Professional Geologist, a
Geotechnical Engineer, or by a professional meeting the qualifications of both
Professional Geologist and Geotechnical Engineer, with an appropriate level of
experience investigating geologic hazards, stating that the site will support the
proposed facility. Where the applicant submits a formal geotechnical report with the
site application, then the applicant has satisfied the geotechnical submittal
requirements for the design review stage of the Division's approval process and
resubmittal of the geotechnical report is not required.
(viii) Detailed description of selected alternatives including legal description of the site of
the proposed treatment works, treatment system description, design capacities,
and operational staffing needs.
(ix) Legal arrangements showing control of the site for the project life or showing the
ability of the entity to acquire the site and use it for the project life.
(x) Institutional arrangements such as contract and/or covenant terms which will be
finalized to pay for acceptable waste treatment.
(xi) Management capabilities for controlling the wastewater loadings within the capacity
limitations of the proposed treatment works, i.e., user contracts, operating
agreements, pretreatment requirements and/or the management capabilities to
expand the facilities as needed (subject to the appropriate, future review and
approval procedures).
(xii) Financial system which has been developed to provide for necessary capital and
continued operation, maintenance, and replacement through the life of the project.
This would include, for example, anticipated annual budget and the fee and rate
structure.
(xiii) Implementation plan and schedule including estimated construction time and
estimated start-up date.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 18
(xiv) Demonstration of the owner's capability to operate and maintain the facility, which
shall include an emergency operations plan. The emergency operations plan shall
outline procedures to minimize the possibility of sanitary sewer overflows and
health hazards to the public and operations personnel. The emergency operations
plan shall include information on, but not be limited to telemetry, backup power
supply identification, portable emergency pumping equipment, emergency
storage/overflow protection, and operator emergency response time.
While the above information would certainly be helpful to the process of evaluating this request
for approval of a Use by Special Review and Development Permit for the facility, to date the
applicants have not submitted an application to the state. At that time, the Colorado
Department of Public Health and Environment (CDPHE) Water Quality Control Commission will
request comments from the Town Board regarding water quality matters as related to the
discharge permit application.
Section 208 of the Federal Clean Water Act requires regional plans for water quality
management. The Northwest Colorado Council of Governments (NWCCOG, of which the Town
of Fraser is an active member, is responsible for coordinating and implementing what is referred
to as the "208 Plan." The 2012 NWCCOG Regional Water Quality Management Plan (Volume I
Policy Plan) established the following policies:
Policy 4. Domestic, Municipal, and Industrial Water and Wastewater Treatment
Facilities
Decisions to locate water supplies, wastewater treatment systems, and other water and
wastewater facilities shall be made in a manner that protects water quality and the aquatic
environment. Where growth and development requires the need for additional facility capacity,
existing facilities should be expanded instead of developing new facilities, unless expansion is
not feasible because of technical, legal or political reasons.
4.4 Consolidating Wastewater Treatment Plants
To avoid proliferation of wastewater treatment plants and operating agencies, consolidation
should be required wherever possible.
NWCCOG will provide comment to CDPHE regarding the discharge permit in accordance with
these policies.
GRAND COUNTY 1041 PERMIT REGULATIONS
Pursuant to provisions established by the State of Colorado, Grand County has designated
extensions of domestic water and sewage treatment systems as activities of State interest and
such activities may not be conducted without a permit from Grand County. These permits are
generally referred to as 1041 Permits.
At this time, Grand County has not confirmed whether a 1041 Permit will be required for the
facility or only for the collection system (because the facility is located within the Town of
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 19
Fraser). The property owner is responsible for addressing any applicable permitting
requirements. Presumably, Grand County would address this along with the Pending PC review
Preliminary Plat Subdivision process. The Town of Fraser has no jurisdiction to enforce these
regulations, but may comment on any applications.
ALTERNATIVES:
Currently, the property owner is pursuing development of the property in accordance with the
subdivision regulations for unincorporated Grand County. While the Town Board has expressed
interest in renewed annexation and/or service discussions, at this time the property owner has
indicated that they are unwilling to entertain such discussions.
RECOMMENDATION:
Planning Commission established its findings and recommendation via resolution (included in
packet).
As referenced by the packet materials for this matter, the application was initially submitted on
September 9, 2014. The application was incomplete at that time. Additional materials were
submitted on March 31, 2015. However, the information was still inadequate to complete staff
review. The materials submitted on May 13, 2015, as noted above, still leave many questions
and concerns unanswered. In particular, staff finds that the applicants have not met the burden
of proof to demonstrate that the proposed Use by Special Review meets the standards and
criteria for such uses as provided by the Town Code. Accordingly, and for the following
reasons, staff would recommend denial:
1. Given the fact that the CDPHE permitting process has not been initiated, we cannot
confirm permitting requirements that may affect site design. For example, given the size
and seasonal nature of Elk Creek, we anticipate that flow equalization will be required for
the effluent.
2. The submittals do not meet the minimum information necessary to determine
compliance with all of the criteria and standards.
3. The proposal is not consistent with the Use by Special Review Criteria as follows:
a. The proposed use does not comply with all requirements imposed by this Code
and all other ordinances and regulations of the Town.
b. The proposed use is not in conformance with the Town's Comprehensive Plan.
c. The proposed use is not compatible with adjacent uses due to the proposed site
design and inadequate control of adverse impacts, including noise, odor and
impact on property values of the surrounding area.
d. Alternative exist to address the community need for the use, the development is
better served at the Upper Fraser Valley Wastewater Treatment Facility.
e. The location for the use is not suitable.
f. The proposed use is not in compliance with all requirements of this Article.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 20
4. The proposal is not consistent with the requirements of the Meyer Subdivision
Improvement Agreement, in particular it does not provide for pedestrian access to and
along Elk Creek or provisions related to CR72.
No additional information has been received by staff. In accordance with the Planning
Commission recommendation Resolution 2015-09-05 denying the Application for Use by
Special Review is provided for your consideration.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 21
September 18, 2014
Clark Lipscomb
Cornerstone Winter Park Holdings, LLC
PO Box 30
Winter Park, CO 80482
SUBJECT: Byers Wastewater Treatment Plant Permit Application
Dear Clark:
I am writing in reference to the Development PermittSpecial Review for the Byers
Wastewater Treatment Plant. The application is incomplete and we cannot initiate review of
the application. It appears that the permit application materials were prepared in accordance
with Section 16-4-140(c) of the Fraser Town Code. However, the application does not
provide sufficient information regarding how the following provisions of the code are
proposed to be addressed which is necessary for proper review of the application:
• Sections'16-4-460 1, 4, and 8
• Sections16-4-470 1, 2, 6, and 7
• Sections16-4-480 b
Addibonally, insufficient information is provided to confine compliance with Chapter 13 Article
3 of the Fraser Town Code (Water Supply Protection District). The subject property is
located within Zone 1 of the Water Supply Protection District which prohibits Pollution Hazard
Activities. Information regarding the proposed treatment processes and related chemicals is
necessary for review of the application.
Finally, I am concerned that Section 9.2 of the Joint Facilities Agreement (Competing
Systems) may prevent the Town from approving this matter as currently proposed. This
section provides that "no District shall allow a competing private system to be constructed
within Its corporate limits." If the applicant will be a Special District, please provide that
information and amend the application accordingly.
Regards,
y
Lager
n
Town Manager
Town of Passer
PO Box 370. Fraser. CO 80442 office 970-726-5491 fax 970-726-5518
RW w. fimsercolorado.com
Bestall Collaborative Limited
Planning Environment Construction Management Development
March 312015
Jeff Durbin, Manager
Town of Fraser
PO Box 370 Fraser CO. 80442
RE: Byers Peak Ranch Mechanical Wastewater Treatment Facility
Development Permit Application Resubmittal
Dear Jeff:
In response to the Town of Fraser September 18, 2014 comment letter regarding the Byers
Mechanical Wastewater Treatment Facility (W WTF) Development Permit application we request
the application be approved as re -submitted.
The resubmittal is organized as follows:
A. Response to Town of Fraser comments
B. Facility Description
C. Requirements & Review Criteria Conformance
D. Design Guideline Conformance
E. Site Plan Documents - Attachment
A. Response to the September 14, 2014 Town of Fraser Comments
Certain comments in the Town of Fraser letter are not applicable to a mechanical waste water
treatment plan Development Permit.
Town Comment 1: Compliance with the Fraser Town Code - Chapter 13 Article 3— Water Supply
Protection District. The Subject property is located within Zone 1 of the Water Supply Protection
District which prohibits pollution -hazard activities.
• Response: Article 3 does not apply to mechanical wastewater treatment plants. By
definition, a mechanical wastewater treatment facility is not considered a pollution -hazard
activity; and Article 3 does not apply to mechanical wastewater treatment facilities
pursuant to the Town Code definition:
'Sewage disposal system means a septic tank or other facility designed and constructed
for the purpose of receiving and disposing of sewage, including individual septic disposal
systems, but excluding mechanical wastewater treatment Plants, which are governed by
Town Comment 2: Compliance with Section 9.2 of the Joint Facilities Agreement (Competing
Systems) may prevent the Town from approving this matter—'no District shall allow a competing
private system to be constructed within its corporate limits.'
• Response: Section 9.2 of the Joint Facilities Agreement does not apply. The Byers
Waste Water Treatment Plant is not a competing system. The Byers Waste Water
Treatment Facility development application is to provide wastewater treatment services to
an area outside of the Town of Fraser; and therefore, is not a'competing private system'
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serving any areas within the Town's corporate limits. In addition, at the time of the Joint
Facilities Agreement approval the Fraser Sanitation District was not a part of the Town of
Fraser and did not have zoning authority to determine uses within the Town of Fraser. The
Byers Wastewater Treatment Facility is an allowed use according to the property's zoning
in the Town of Fraser Code.
B. Facility Description
Byers Peak Properties, LLC plans to construct and operate the wastewater treatment facility to
service the unincorporated Byers Peak Ranch property — currently approved for development in
Grand County.
The W WTF location has been adjusted to the southwest comer of the same parcel — Lot 1 Block 2
of the Meyer Subdivision between Elk Creek and CR72 with the facilities located approximately
300 feet south of the John's Drive and CR72 Parkway. Block 1 Lot 2 is zoned Business (B) and a
Mechanical Wastewater Treatment Facility is an allowed use according to the Town Code. The
development permit area totals 1.12 acres with the following allocations:
• Facility Area .27 acres
• Building Area (4,484sf) .11 acres
• Open Space .74 acres
The facility will be screened from public view with landscape materials meeting the standards of
the permit. No structures are within the 150' setback from Elk Creek. A pervious service drive is
provided to access the perimeter of the facility. The building architecture is designed at a
residential scale and will blend in to the site and surrounds — utilizing split face block walls and
earth tone colors — similar to the planned commercial buildings on the remainder of the Meyer
Subdivision parcels.
The Facility has been planned, using a state of the art activated sludge sequencing batch reactor
(SBR) - designed for BOD and TSS removal, nitrogen control (nitrification and dentrification) and
pathogen control to be constructed in phases. Each phase will have a design peak day flow (Q
peak day) capacity; with an ultimate design capacity for a peak day flow of 0.500MGD (the design
average flow of BODs). The proposed facility is capable of processing a peak day flow with
appropriate safety factors for both the hydraulic and activated sludge process design and aeration
system sizing.
Influent will be metered at the headworks by a parshall flume and screened by an automatic
screen. Screened influent will then flow out of the screenings tank by gravity to the biological
treatment process. The biological treatment process includes anaerobic influent conditioning,
influent equalization and the sequencing batch reactor process. After biological treatment to
reduce BOD, TSS, and nitrogen, decanted effluent is equalized and disinfected by chlorination.
Disinfected effluent meeting COPE Regulation #62 for Effluent Limitations will be discharged into
adjacent Elk Creek.
C. Requirements & Review Criteria Conformance
Requirement Conformance: The Development Permit Plan application conforms to all
applicable requirements as identified in the Town Code Section 16-4-410: Special review
uses — Mechanical Wastewater Treatment Facilities.
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Review Criteria Conformance: The Development Permit Application satisfies the following
review evaluation criteria as identified in Sec. 164-450.
(1) Town Requirements. The MWTF complies with all requirements of the Code and other
ordinances and regulations of the Town.
(2) Comprehensive Plan. The MWTF conforms to the Town's Comprehensive Plan.
(3) Adjacent Use Compatibility.
a. The MWTF is compatible with adjacent uses - open space, vacant land, CR72.
b. The residential scale, architecture, and landscape will blend with its setting.
c. The site design provides .76ac of open space and is beyond the 150' from Elk Creek.
d. Noise, dust, odor will be controlled with enclosed facilities and state of the art systems.
e. Lighting will meet Town of Fraser standards.
f. Minimal traffic generation occurs with this use and safety measures will be followed.
g. The facility should improve property values of the area - allowing for excellent water
quality treatment at a facility buffered from existing and planned uses.
(4) Apparent Community Need. Byers Peak has an approved sketch plan in Grand County
and requires wastewater treatment.
(5) Suitability of Location. The location is downstream, accessible and relates well to the area
it will serve - with an acceptable discharge point into Elk Creek.
(6) Compliance with Other Requirements. The proposed use is in compliance with applicable
requirements of Article 4.
D. Town Code Guideline Conformance
The following indicates summaries how the plan conforms to Sections 16-4-460. Site Guidelines;
164470 Design Guidelines; and Section 16-4-480 Landscape requirements.
Sec. 16-4-460. - Site Guidelines.
(1) Maximum building footprint. CONFORMING
Administrative & equipment: seven thousand five hundred (7,500) at
wastewater treatment (settling, aeration, pumps: two thousand (2,000) sf per one hundred
thousand (100,000) gallons treatment capacity.
(2) Parking. CONFORMING
On-site parking paved and screened from public view
(3) Access roads. CONFORMING
Unpaved access and maintenance roads may be surfaced with other materials and a
dust-controlling substance applied to all gravel road surfaces.
(4) Required setback from watercourse. CONFORMING
One hundred fifty (150) foot from Elk Creek to structure.
(5) External storage of materials and equipment. CONFORMING
Storage not permitted without fencing and landscape screening
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(6) Fencing. CONFORMING
Fencing shall be approved as part of the permit application.
(7) Refuse and service areas. CONFORMING
Trash areas and service areas easily accessible and screened from public view.
(8) Open space. CONFORMING
Not less than sixty-six percent (66%) and not more than seventy-five percent (75%) of the
total site area shall be designated as open space
Sec. 16-4-470. - Design auidelines.
(1) Maximum height. CONFORMING (25')
Thirty (30) feet above treated sludge conveyor and loading areas; twenty (20) feet above
all other plant components
(2) Color. CONFORMING
The color palette shall be designed to permit flexibility to the applicant in designing the
facility, while at the same time rendering the facility as visually unobtrusive as possible.
The same or similar building materials and colors shall be used on main structures and
any accessory structures upon the she. Exterior wall colors should be compatible with the
site and complementary to the materials used, the surrounding environment and the
context of the neighborhood.
(3) Exterior building materials. CONFORMING
The principal materials used on building facades will be a variety of CMU masonry
split -face block. The buildings are small in scale. All exterior wall materials will be
continued to finished grade. The back of a building will have the same overall design as
the front of a building. .
(4) Prohibited external building materials: metal.
(5) Roofs. CONFORMING
All roofs have a pitch of not less than two and one-half (2Y:) inches to twelve (12) inches.
(6) Noise and odor. CONFORMING
Noise and odor will not emanate beyond the portion of the property used for wastewater
treatment. Noise emanating from equipment will be contained within the structures. SBR
system includes odor control
(7) Storage and removal of treated sludge. CONFORMS
No treated sludge shall be stored on-site except in the plant's primary structure. The
removal of treated sludge shall occur at times mutually agreed upon by the applicant, the
Planning Commission and the Board of Trustees.
(8) Wastewater treatment facility. CONFORMS
All components of the wastewater treatment facility, with the exception of the treatment
basins, shall be enclosed within a permanent structure. Treatment basins may be
uncovered, covered by a permanent structure or beneath a suitable floating cover, the
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design and color of which shall be permitted as a part of the use permitted by special
review permit.
Sec. 16-4-480. — Landscape Reaulrements
(1) Maintenance. CONFORMING
A statement providing that the owner and his or her heirs, successors and assigns will
provide adequate maintenance for all site elements.
(2) Tree Sizing. CONFORMING
Minimum size for all deciduous trees shall be two (2) inches in caliper. Minimum size for
evergreen trees shall be six (6) feet in height.
(3) Shrub Sizing. CONFORMING
Minimum size for shrubs shall be five (5) gallons and one and one-half (1Ys) feet tall.
(b) Landscaping requirements. CONFORMING
(1) Landscaping required: fifteen percent (15%) of lot area.
(2) Tree requirement: seventy-five percent (75%) of landscaping area.
(3) Shrub requirement: twenty-five percent (25%) of landscaping area.
Over eight years, the owners have made every effort to include the Byers Peak Ranch properly
into the Town of Fraser or to utilize existing utility services. The propWs annexation was
approved to be overturned by a small margin in a referendum. An agreement for Fraser to provide
out of Town water and sewer services to the property was reached — however, the Town Board
approved revised terms that made the development financially infeasible and the agreement
unacceptable. Most recently, the owner's proposal to become a partner to the JFOC and pay for
unused capacity at the treatment plant was denied by the JFOC.
It is now the intention of Byers Peak Properties to proceed with development by constructing this
W WTF facility to serve the property. We appreciate the Town's prompt review of the application
and provision of a permit to proceed. Any extended review or effort to deny this application by the
Town will be viewed as an overt attempt to delay the development of the property which has legal
entitlement to this use.
Thank you for your assistance.
Sincerely,
Jack Bestall, Principal
Bestall Collaborative Limited
720.810.6480 iack@bestallcollaborative.com PO Box 2223 Evergreen Colorado 80437
5
MI Win 1 7 2 -
April 22, 2015
Clark Lipscomb
Cornerstone Winter Park Holdings, LLC
PO Box 30
Winter Park, CO 80482
SUBJECT: Byers Wastewater Treatment Plant Permit Application
Dear Clark:
I'm writing in reference to the Special Review/Development Permit for the Byers
Wastewater Treatment Plant. I appreciate the additional information, and the revisions.
However, the application remains incomplete and we cannot complete review of the
application. Please address/clarify following concerns related to the application:
• The language in the Bestall letter regarding building height is different than the
language on the drawings. Please clarify and amend drawings accordingly.
• Please clarify how conformance to Sec. 16-4-460 (8) a. is ensured. Will the open
space be dedicated to the Town of Fraser? If so, please provide an exemption
plat. If not, please provide proposed deed restrictions as required by the code.
• The site plan references the parking area as gravel, code requires pavement.
• The code requires screening the parking lot from public view. While the plans
reference a screening fence, no details are provided.
• No information and/or details regarding on -sight lighting are provided, will there
be security lighting?
• The Bestall letter notes that treated sludge will be stored within the plants primary
structure, but given the information I have received, no location within the
structure is reserved for that purpose. Please clarify on the drawings.
• The submittal does not adequately detail the headworks, screening tank or
sludge treatment facilities. Each of these, if open to the atmosphere, will be odor
sources of concern. Based on the drawings it appears that the SBR units are
underground; however, they would require venting and can create the same odor
issues.
• It does not appear that there is sufficient space in the building for the sludge
loading facilities. Various tanks are shown in the building and not labeled so their
function is unknown.
• Please clarify what you noted as SBR odor control system. Odor control
provisions are required and this will certainly be an area of a concern.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www. frasercolorado.com
• The architectural sheets suggest the building height is similar to a residential
home with and 8' high garage door. It is unclear how sludge loading and
chemical storage can be achieved inside the building. If it is located outside then
additional detail is needed.
• Sec. 16-4-450 also addresses noise control. It is anticipated that the noise from
the air blowers/compressors will be a concern. Additional information is needed.
• The proposed sanitary sewer influent line is shown within CR 72 right-of-way
requiring an easement or license agreement from the Town of Fraser.
• No water service or fire protection is currently available at the site.
• Storm water detention was not addressed in the submittal.
• Snow storage is proposed adjacent to the 100 -year flood plain requiring
additional measures to maintain water quality.
• Enclosed please find check dated September 9, 2014, written by the Cornerstone
Winter Park Holdings, LLC to the Town of Fraser for the application fees. Due to
the application's incomplete status we haven't processed the check and now it is
outdated. Please provide a new check for the application fees with the
resubmittal to address the above.
In order to facilitate next steps in the review process, I would note that the next available
Planning Commission meeting is May 2r. If you can address and provide the above
prior to May 6' we will schedule the matter for that meeting. Sooner would be
preferable to ensure that we would be able to publish notice as required.
egards,
Jeffrey L. Durbin
Town Manager
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercoloradoxom
Bestall Collaborative Limited
Planning Environment Construction Management Development
May 13 2015
Jeff Durbin, Manager
Town of Fraser
PO Box 370
Fraser Colorado 80442
RE: Byers Peak Ranch Mechanical Wastewater Treatment Facility
Development Permit Application Resubmittal
Dear Jeff:
The following information is in response to the Town of Fraser's April 22 (received May 4 2015)
comments regarding the Byers Mechanical Wastewater Treatment Facility (W WTF) Development
Permit application. The original submittal was made September 18 2014; and resubmitted March
31 2015 in response to previous Town comments. We request the application be scheduled for
public hearing on May 27 and approved as submitted.
Response to Town of Fraser Comments
The following information is in response to the comments received on May 4 2015 from the Town
of Fraser.
Town Comment 1: The language in the Bestall letter regarding building height is different than the
language on the drawings. Please clarify and amend drawings accordingty
• Response. The height indication on the drawing has been corrected to (22'1%").
The height conforms to the standard and is within the 30' height maximum - which
would be allowed under this permit.
Town Comment 2: Please clarify how conformance to Sec. 16-0-460 (8) a. is ensured. Will the
open space be dedicated to the Town of Fraser? If so, please provide an exemption plat. If not,
please provide proposed deed restrictions as required by the code.
• Response. The open space will be deed restricted —see language added to the Site
Plan — Sheet 3 which would be recorded with the Development Permit.
Town Comment 3: The site plan references the parking area as gravel, code requires pavement.
• Response. The plan has been amended to indicate the parking area as asphalt.
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Town Comment 4: The code requires screening the parking lot from public view. While the plans
reference a screening fence, no details are provided.
• Response. The parking area lot has been reoriented inside the screen fence —and
is screened from public view. The screen fence detail was provided on the
previous submittal on the Landscape Plan — Sheet 4 of 9.
Town Comment 5: No information and/or details regarding on -sight lighting are provided, will
there be security lighting?
• Response. Yes. Security lighting will be provided with fixtures as shown on the
attached exhibit A which are dark sky compliant.
No E� 6 PM1dvl06p
Town Comment 6: The Bestall letter notes that treated sludge will be stored within the plants
primary structure, but given the information I have received, no location within the structure is
reserved for that purpose. Please clarify on the drawings. pld L.l. Pt.6.1 PUJtpLp
• Response. Sludge will be stored on the lower level of the plant structure, as
indicated on the lower level of the plant as indicated on the conceptual facility
layouts attached to this response to comments.
Town Comment 7: The submittal does not adequately detail the headworks, screening tank or
sludge treatment facilities. Each of these, if open to the atmosphere, will be odor sources of
concern. Based on the drawings it appears that the SBR units are underground; however, they
would require venting and can create the same odor issues.
• Response. The treatment plant is planned for a Fluidyne Batch Reactor (SBR)
which is designed to mitigate odor to applicable standards. See Fluidyne SBR
system information attached and conceptual facility layouts which indicate the
headworks, screening tank and sludge treatment facilities.
Town Comment 8: It does not appear that there is sufficient space in the building for the sludge
loading facilities. Various tanks are shown in the building and not labeled so their function is
unknown.
Response. Sludge loading will not occur within the Building. Sludge will be
transported from the building via pipes to trucks outside the building. See Fluidyne
SBR system information and conceptual facility layouts. The sludge dewatering
box is indicated in the grade level plan.
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Town Comment 9: Please clarify what you noted as SBR odor control system. Odor control
provisions are required and this will certainly be an area of a concern.
Response. The SBR system is designed to mitigate odor to standard. See Fluidyne
SBR system attached, as described in the submittal, the Fluidyne SBR system uses
an activated sludge sequencing batch reactor (SBR) - designed for BOD and TSS
removal, nitrogen (nitrification and dentrification) and pathogen control. Influent is
metered at the headworks by a parshall flume and an automatic screen. Influent
then flows out of the screenings tank by gravity to biological treatment. The
biological treatment process includes anaerobic influent conditioning, influent
equalization and a sequenced batch reactor process. After biological treatment
reducing BOD, TSS, and nitrogen - decanted effluent is equalized and disinfected
by chlorination.
Town Comment 10: The architectural sheets suggest the building height is similar to a residential
home with and 8' high garage door. It is unclear how sludge loading and chemical storage can be
achieved inside the building. If it is located outside then additional detail is needed.
• Response. The door height has been increased to 12' and the building plate height
has been raised to 22'1%" to allow for greater access flexibility. Sludge will be
transported via pipe to trucks outside the building.
Town Comment 11: Sec. 16-4-450 also addresses noise control. It is anticipated that the noise
from the air blowers/compressors will be a concern. Additional information is needed.
• Response. The air blowers/compressors and other equipment are located inside
buildings which provide sufficient noise suppression and control. State noise
standards will be met at the property boundary.
Town Comment 12: The proposed sanitary sewer influent line is shown within CR 72 right-of-way
requiring an easement or license agreement from the Town of Fraser.
• Response. For the purpose of the Development Permit the influent location has
been relocated on-site, within the property. The Meyers wastewater agreement Is
sufficient for any potential easement needs.
Town Comment 13: No water service or fire protection is currently available at the site.
• Response. Water service will be provided to the she under the terns of the Meyers
water agreement. The property Is within the Grand County Fire District No. 4.
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Town Comment 14: Storm water detention was not addressed in the submittal.
• Response. The Drainage and Erosion Control requirements were addressed in the
submittal. Storm water detention has been addressed in the amended plan
attached.
Town Comment 15: Snow storage is proposed adjacent to the 100 -year Flood plain requiring
additional measures to maintain water quality.
• Response. The plan has been revised to integrate water quality measures for the
snow storage, including the design of water quality and detention facilities.
Town Comment 16: Enclosed please find check dated September 9, 2014, written by the
Cornerstone Winter Park Holdings, LLC to the Town of Fraser for the application fees. Due to the
application's incomplete status we haven't processed the check and now it is outdated. Please
provide a new check for the application fees with the resubmittal to address the above.
• Anew check has been provided —delivered to City Clerk Lu Bergeron 051315.
We look forward to scheduling this Development Permit for public hearing.
Thank you.
Jack Bestall, Principal
Bestall Collaborative Limited
720.810.6480 iock@bestallcollaborative.com PO Box 2223 Evergreen Colorado 80437
4
MEMORANDUM
JRS ENGINEERING CONSULTANT, LLC
TO:
Jeff Durbin, Fraser Town Manager
CC:
FROM:
James R. "Jim" Swanson, P.E.
DATE:
June 8, 2015
SUBJECT:
Byers Peak Ranch Mechanical Wastewater Treatment Facility
The following documents were received via email on May 15, 2015:
• BPR - W WTF Response to Town Comments 05-13-15
• W WTF Plan Set
• Fluidyne SBR Information.
The following comments are offered:
General:.
1. Following a cursory review of the previous submittal and a more detailed review of this submittal, it
remains unclear who the applicant is. In Bestall's March 31, 2015 correspondence, it states Byers
Peak Properties, LLC intends to construct and operate the wastewater treatment facility and on the
cover sheet of the development permit plans; Cornerstone Winter Park Properties is identified as the
owner. If Cornerstone is the applicant, proof of legal access for Byers Peak Properties is required by
Code Section 16-4-440(4).
Does the operating entity have sufficient financial capability to operate, maintain and periodically
update the facility over the fife of the system? There is the potential that K they become insolvent
and can no longer operate the plant, Fraser may be forced to take it over. An escrow account or
bond should be considered to mitigate risk exposure for the Town.
Bestall's May 13, 2015 Response Letter to Town's May 4, 2015 Comments:
2. Response to Town Comment 6:
a. Bestall's response stales that sludge is stored on the lower level of the plant structure as
shown on the conceptual facility layouts. The development permit plan set doesn't include a
lower level conceptual facility layout. Clarification is required that includes providing
dimensioned facility layout plans and elevation sections of the treatment facility, per Code
Section 16 4 440(7).
3. Response to Town Comment 7:
a. The response doesn't adequately respond to the comment. The headworks structure, as
shown on the development permit plans, is separate from the SBR units. No detail including a
dimensioned plan and elevation of the headworks structure is provided. No additional
conceptual facility layout detail is provided for the screenings tank and sludge treatment
facilities as stated in the comment response.
b. That porton of the Town's comment regarding structure venting was not addressed.
c. It is suggested that the applicant obtain detailed dimensioned drawings from the SBR
manufacturer for the specific units that are proposed for this project and include them in the
development permit plan set to provide adequate detail of the system proposed, in lieu of the
generic information brochure of all SBR models available from the manufacturer.
4. Response to Town Comment 8:
a. The sludge loading facilities, located outside of the building as noted in Bestall's comment
response, are not detailed or shown on any of the development plan sheets. No truck loading
6013 E. Briarwood Drive - Centennial, CO 80112 (303) 7265577
JRS Engineering Consultant, LLC -Cont
Byers Peak Ranch Mechanical Wastewater Treatment Facility June E, 2015 - Page 2
facilities are shown on the site plan. The Town comment"Various tanks are shown in the
building and not labeled so their function is unknown.", was not addressed and remains
outstanding. Bestall's comment response "The sludge dewatering box is indicated in the grade
level plans.", is unclear since no grade level plans were provided.
5. Response to Town Comment 9:
a. Provide specific odor level detail for Bestall's response comment, "The SBR system is
designed to mitigate odor to standard" What odor levels are anticipated by the manufacturer?
What levels are standard? Code Section 16-4-470(6)a. identifies the Town's criteria and Code
Section 16-0-070(6)b. includes submittal requirements regarding odor for the facility. The
required plan per Code Section 16-4-470(6)b. was not found in the submittal.
b. Provide a hydraulic profile though the headworks of treatment facility to clarify the treatment
scheme. The description provided in the response is confusing and unclear. Considering that
wastewater influent enters the facility from a sanitary sewer, then passes through a Pershall
flume and an automatic screen prior to flowing by gravity to the treatment units; places the SBR
treatment units well below grade. The building elevation plan suggests that the top of the SBR
units are at grade. It appears that a raw sewage influent lift station is required; however, none
is shown or addressed in the development permit submittal.
c. Bestall's response states that following treatment, the effluent is equalized and disinfected by
chlorination. Address the effects of the chlorinated effluent on the receiving stream and
ecosystem.
6. Response to Town Comment 11:
a. Code Section 164470(6)a. identifies the Town's criteria and Code Section 16-4-470(6)b.
includes submittal requirements regarding noise levels from the facility. The required plan per
Code Section 16-0d70(6)b. was not found in the submittal.
Revised Drainage Plan:
7. Spills (raw sewage, sludge, chemicals, fuels, etc.) are always a potential at W WTF's. As such, it is
suggested the entire site within the security fence be graded toward the stormwater detention basin
and a positive shutoff be installed in the outlet works to serve as a containment facility in the event
of a spill.
Development Permit Comments:
8. Sheet 3 of 9. The electrical transformer serving the W WTF is proposed on Town right-of-way. Plan
revision is required to locate the W WTF transformer within the developments property.
6013 E. Briarwood Drive - Centennial. CO 80112 (303) 7265577
I
I
0
• Oka U:l•
FLUIDYHE Ek
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
TRUST FLUIDYNE'S EXPERIENCE
The Fluidyne ISAM- Sequencing Batch Reactor
(SBR) system incorporates the latest and most
Innovative technology and over two decades of
experience In providing the most reliable SBR
systems with the highest effluent quality. Fluidyne
SBR systems are in operation around the World and
have won numerous awards, Fluidyne SBRS
consistently provide better than 1011015/1
(BOD5rrSSINf P) effluent quality. Fluidyne
engineers have designed over 400 SBRS, and been
granted over twenty patents.
A TOTALLY NEW CONCEPT IN SBR DESIGN
The Fluidyne ISAM- Sequencing Balch Reactor
system is a single train SBR system which
incorporates a constant level anaerobic selector
basin, followed by a surgetanoxic/mix (SAM? ) lank
and one or more SBR basins.
In operation, all influent flow enters the anaerobic
selector basin where influent solids are allowed to
settle much like a primary clarifier. Elimination of
primary solids in the anaerobic basin allows for much
smaller SBR basins at an equivalent SRT than
conventional SBRS. The anaerobic selector also
creates soluble carbon as a food source for biological
nutrient removal through anaerobic conversion of
settleable BOD to soluble BOD.
The influent then flows to the SAM- surge basin, or
influent equalization basin. The surge basin provides
now and nutrient equalization to optimize treatment
at the full range of flows and loadings.
Several unique feature of the Flutdyne ISAM- SBR
include odor control and scum skimming. Mixed
liquor is maintained in the SAM- lank to
immediately react with Incoming flow from the
anaerobic chamber to suppress odors and initiate
and accelerate carbon and nitrogen reactions. Mixed
liquor is recycled from the SBR lank effectively
removing scum by use of proprietary flow and scum
control system. In addition, nitrates are recycled to
the SAM- lank for effective and rapid denitrification.
Denitrification reactions are accelerated in the
Presence of the unreacted soluble carbon from the
raw sewage entering the SAM"' lank. Aeration and
energy requirements are reduced as nitrates are fully
reduced to nitrogen gas in the SAM- tank.
FLUIDYNE PACKAGED ISAM'- SBRS
The Ruidyne prepackaged ISAM? SBR is available
Por average influent flows from 5,000 GPD to 1110,000
GPD. Each unit is shipped complete; prewired and
prepiped.
100% ON-LINE STANDBY EQUIPMENT
Fluidyne's prepackaged ISAM? SBRs are fumished
with spare rrixinglfll pump and aerator assembly
Installed for 100% redundancy.
REDUCES WASTE SLUDGE BY 75%
The Fluldyne ISAMTM Sequencing Batch Reactor
incorporates an anaerobic selector chamber with the
SAM- SBR. The anaerobic selector not only
provides consistent phosphorous removal by
subjecting the recirculated biomass to anaerobic
conditions, forcing the release of phosphorous, but
also creates soluble carbon as a food source for
phosphorous removal through anaerobic conversion
or settleable BOD to soluble BOD. Additionally,
anaerobic sludge digestion ecours in the anaerobic
selector chamber, reducing waste solids production
by up to 75% for the entire secondary process.
FLUIDYNE �J
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
M.
WAS
Recirculation Line Recirculation Control Valve Overflow Bypass
A
System Components: Influent continuously enters the anaerobic chamber where solids settle.
Settleable BOD is convened to soluble BOD. The influent then flows to the SAM'ry reactor. Mixed liquor
is maintained in the SAMTM reactor to react with Incoming raw wastewater to suppress odors, and Initiate
and accelerate carbon and nitrogen reduction.
Fill Phase: When the level In the SAM"' reactor reaches a predetermined 'control level," the motive liquid
pump is started. The SBR basin is filled and mixed. A variable percentage of the pumped flow is returned
to the anaerobic chamber where solids settle. The recycle flow is varied to maintain the desired MLSS
concentration in the in the SBR basin. Solids in the anaerobic chamber are digested.
Interact Phase: When the level In the SBR reaches TWL, mixed liquor overflows the surge chamber weir
and is returned to the SAM"' reactor through the surge return line to mix and react with the raw influent.
Aeration is cycled on and off to provide the required oxygen. Scum Is also removed from the SBR basin.
AsplralJngJet'Aeretor
FixedDecanter-
_
UnderfloW Ba'P!e
-influent Diffuser
SAM"' RSBR
Basin
Anaerobic
Chamber
Jet MDWDecent
Lsumachamber
MotorOperated
Fit Pump
Valve
A
System Components: Influent continuously enters the anaerobic chamber where solids settle.
Settleable BOD is convened to soluble BOD. The influent then flows to the SAM'ry reactor. Mixed liquor
is maintained in the SAMTM reactor to react with Incoming raw wastewater to suppress odors, and Initiate
and accelerate carbon and nitrogen reduction.
Fill Phase: When the level In the SAM"' reactor reaches a predetermined 'control level," the motive liquid
pump is started. The SBR basin is filled and mixed. A variable percentage of the pumped flow is returned
to the anaerobic chamber where solids settle. The recycle flow is varied to maintain the desired MLSS
concentration in the in the SBR basin. Solids in the anaerobic chamber are digested.
Interact Phase: When the level In the SBR reaches TWL, mixed liquor overflows the surge chamber weir
and is returned to the SAM"' reactor through the surge return line to mix and react with the raw influent.
Aeration is cycled on and off to provide the required oxygen. Scum Is also removed from the SBR basin.
FLUIDYNE�
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
Softie Phase: When the level In the SAMTM reactor again reaches *control level," aeration is discontinued,
and the SBR basin settles under perfect quiescent conditions.
Decant Phase: When the settle timer value is reached, the decant valve is opened, and treated effluent Is
withdrawn from the upper portion of the SBR basin by means of a fired solids excluding decanter.
Filled Decant Phase: If, during peak hourly flows, the SAM- reactor reaches TWL before the decant
phase ends, Influent flows in a reverse direction through the surge return line and overflows the surge
chamber secondary weir, and is diffused Into the settled sludge at very low velocity as the decant phase
continues.
ekFLUIDYNE I
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
CUSTOM ENGINEERED ISAM' SYSTEMS
The majority of ISAM? systems currently operating
are packaged systems for daily flows of less than
100,000 GPD. However, the process offers the same
advantages for larger facilities. The first advantage Is
that the ISAM? requires smaller SBR basins than a
conventional SBR, at identical loadings. This is due
to the fad that 65% of the Influent solids are removed
In the anaerobic chamber, and are therefore not
considered in calculation of the SRT. An ISAM?
designed for an average daily daily flow of 1.0 MGD,
and an SRT of 20 days will have an SBR basin
capacity of 0.67 MG, and an HRT of IS hours. A
conventional SBR designed for a 20 day SRT would
have a capacity of 1 24 MG, and an HRT of 30 hours
The 1.0 MGD ISAM? SBR design also Includes the
SAM? reactor having a capacity of 0.14 MG. Since
the SAM? reactor contains mixed liquor, the actual
working SRT for the ISAM? process is 25 days, and
the total volume is only 66% of that of the
conventional SBR.
The ISAM? design also includes hva anaerobic
Influent conditioning chambers having a total capacity
of 0.50 MG. Therefore, the total volume of the entire
ISAM? SBR process is 131 MG, and no additional
digesters are required Aerobic digesters for a
conventional 1.0 MGD SBR would have a capacity of
0 30 MG if designed for a 30 day sludge age. This
A
means that the total volume for a 10 MGD
conventional SBR plus aerobic digesters vmutd be
1.54 MG. The total volume for the ISAM? process Is
1.31 MG.
The Iola] power consumption for a 10 MGD
conventional SBR plus aerobic digestion would be
approximately 1,660 KWH/day. The Intal parer
consumption for a 1.0 MGD ISAM? SBR is
approximately 845 KWH/day; 50% less than a
conventional SBR.
FLUIDYNE LZ)
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
FLUIDYNE SAM- SBR • SARONA, CA -WEEKLY REPORTS
INFLUENT
EFFLUENT
DATE
SOD.
TSS
I NH, -N I
TKN
FOG
O f
TEE
NK. -N
NO
NO,
TKN
FOG
02/16/05
632
327
20.2
36.0
64.8
2.0
NO
NO
0.1
0.02
0.50
<1.0
02/23/05
338
226
6.7
7.8
45.5
ND
ND
NO
ND
0.02
0.60
ND
03102/05
813
390
23.5
35.0
75.8
4.6
NO
2.0
0.1
0.01
0.80
ND
03109105
853
328
15.1
22.7
88.8
4.9
NO
0.2
0.3
NO
1.10
NO
03/16105
640
237
23.7
35.9
79.4
2.7
NO
0.2
0.3
0.02
1.10
ND
0323/05
385
445
24.1
38.2
80.7
2.2
NO
2.0
0.2
0.13
0.70
NO
03/30/05
736
358
15.2
19.3
217.0
10.0
NO
0.1
0.1
0.03
0.50
NO
04/08/05
627
336
28.3
34.5
97.0
9.0
NO
0.4
NO
ND
0.40
NO
04/13/05
784
356
23.0
27.2
31.0
12.0
NO
0.5
ND
NO
0.70
NO
0420/05
336
223
14.0
16.6
8.4
3.5
1.9
0.4
ND
NO
3.30
<1
0427/05
579
485
6.7
8.9
27.5
<2
ND
0.3
ND
NO
3.10
<1
05/04/05
940
334
1.0
33.1
48.9
2.9
2.5
1.0
0.1
0.08
2.60
<1
05/11/05
622
330
22.2
74.2
66.7
<2
NO
NO
NO
NO
1.80
NO
05/18105
716
329
20.8
28.0
492.0
2.2
NO
NO
ND
ND
0.49
NO
0525105
575
322
13.1
13.3
450.0
4.6
NO
0.5
ND
NO
0.50
NO
06/01/05
711
688
24.0
25.8
327.0
12.3
ND
0.5
0.2
ND
0.50
NO
06108/05
508
277
22.4
27.9
52.6
2.4
NO
0.1
0.4
NO
0.70
<7
06115/05
343
155
14.9
22.5
90.8
<2
ND
0.5
0.4
NO
1.00
ND
05122/05
661
477
27.6
33.5
87.2
<2
NO
0.2
0.4
NO
0.70
1.1
06129M
444
345
32.6
50.5
61.5
2.0
ND
0.1
0.3
0.03
0.50
NO
07106MS
925
379
27.6
48.1
87.5
1.7
NO
0.2
0.3
0.03
0.80
NO
07/13/05
573
346
33.1
52.5
99.5
<2
NO
0.5
0.5
NO
0.90
<1.0
0720/05
65D
109
29.1
43.0
84.9
<2
NO
0.1
NO
0.04
0.70
<7.0
07/27/05
694
305
33.0
43.0
83.1
<2
NO
0.2
0.3
0.08
0.40
NO
0&03!05
580
324
26.3
28.0
65.9
3.6
NO
0.8
0.3
0.02
0.00
NO
AVG. YTD
823
377
20.9
32.2
116.5
4.8
NO
0.4
0.2
0.03
1.01
ND
FLUIDYNE LI)
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
SUBYEPS a in
mom/lump
M00[L
W
L
H HP•
6W05
65
16
9.5 J
6N1•10
B.5
21
9.5 5
ISAM IS
B.S
24
11.5 5
6W. 20B.5
]2
11.5 15
6W2.5
65
b
11.5 )5
6W`m
119
32
t�—
SAM 90
119
15
11.5 10
�w
119
56
�1
". 0
119
6:••
1 t.5 20
6W`111
119
M00[L
W
L
H HP•
6W05
65
16
9.5 J
6N1•10
B.5
21
9.5 5
ISAM IS
B.S
24
11.5 5
6W. 20B.5
]2
11.5 15
6W2.5
65
b
11.5 )5
6W`m
119
32
1L5 10
SAM 90
119
15
11.5 10
W.50
119
56
11.5 15
". 0
119
6:••
1 t.5 20
6W`111
119
12••
11.5 20
MAN 15
119
07•
11.5 25
6W`B0
11990••
11.5 25
SAM 90
11.9
96••
11.5 .50
ISW. 100
119
112••
11.5 0
• FACN PUMP (ONE 6 STANDBY)
TWO TANKS (EACH TANK 15 HALF OF TOTAL UNGTH)
.D
FLUIDYNE lk
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
The Fluidyne ISAII SBR system provides the following benefits,
1. Ability to handle highly variable flows and loading associated with the small flow plants. The
ISAMTM is more flexible than continuous flow plants. Regardless of flows or loading, aeration and
mixing can automatically be adjusted to optimize power and prohibit filamentous growth.
2. Al high flows, solids cannot wash out as with extended aeration plants as the ISAMTM system has
quiescent settle and decant.
3. ISAMTM facilities are easily expandable by adding a new lank. The additional tank does not
require major changes in controls; only a new tank and associated equipment.
4. ISAMTM provides a small footprint with no digesters, secondary clarifiers, RAS piping and
pumping.
5. ISAMTM produces the highest quality effluent. Typical Fluidyne ISAMTM facilities are achieving
less than 10 mgA BOD and TSS, less than 1 mgA NH3-N, less than 5 mgll total N, and less than 2
mg/I phosphorous.
6. Easy to operate and maintain as mechanical equipment is minimized with no chasing of sludge
associated with extended aeration plants.
7. Use of self-aspirating jet aerators eliminate blowers and blower accessories.
8. Built in sludge reduction system using the Anaerobic Conditionen Trash Trap significantly reduces
sludge handling and hauling costs.
9. 100% stand-by aerator is included with the system to allow continuous operation with one unit out
of service.
10. Built in flow equalization is provided in the ISAMTM reactor to handle peak hours.
11. Automatic scum skimming prior to effluent discharge provides highest quality effluent.
12. Exceptional after sales service by Fluidyne technicians. Fluidyne employees have been granted
over 40 patents in wastewater and water treatment technology and equipment.
13. Reduced operation and maintenance costs as power usage is controlled through the Fluidyne
control panel.
14. Installed cost is lower as the system comes with the In -basin equipment pre-installed
15. The Anaerobic Conditionerlrmsh Trap is covered and raw wastewater reacts immediately with
mixed liquor In an aerated environment there are no odor concerns.
Fluidyne Corporation Fluidyne Florida
2816 West First Street 2202 Gold Oak Lane
Cedar Falls, Iowa 50613 Sarasota, FL 34232
Phone: (319) 266-9967 Phone: (941) 342-8915
Fax: (319) 277.6034 Fax: (941) 342-9765
E -Mail: www.FluidyneCorp.corn E-mail: ptiflorida@aol.com
CERTIFICATE FOR APPROVAL BY THE TOWN BOARD: VICINITY MAP DEVELOPMENT PERMIT
Approved and all public dedications accepted this day of 3 by the
Fraser Town Board. The Town of Fraser does not assume any responsibility for the
correctness or accuracy of any information disclosed on this plan nor any representations
or information presented to the Town of Fraser which induced the Town to give this certificate..
Mayor, Town of Fraser
DEDICATION AND NOTARY CLAUSE:
KNOW ALL MEN BY THESE PRESENTS: THAT CORNERSTONE WINTER PARK HOLDINGS, LLC IS
THE OWNER OF THE REAL PROPERTY SITUATED IN THE TOWN OF FRASER, GRAND COUNTY,
COLORADO, MORE FULLY DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
A portion of Lot 2, Meyer Subdivision as recorded on
at Reception No.
OWNER CERTIFICATE
,20
IN WITNESS WHEREOF, Cornerstone Winter Park Holdings LLC has caused his/her
name to be hereunder subscribed this day of 12014.
CORNERSTONE WINTER PARK HOLDINGS LLC,
a Colorado limited liability company,
By: C. Clark Lipscomb
President
State of Colorado }
)ss.
County of ---------- )
The foregoing instrument was acknowledged before me this day of ,
2014, by C. Clark Lipscomb as President on behalf of Cornerstone Winter Park
Holdings LLC, a Colorado limited liability company.
WITNESS my hand and official seal
1'
0
MORTGAGEE'S CONSENT
The undersigned, being an authorized representative of U.S. Bank, N.A. , the holder of a
beneficial interest in and to the property described on this plat, under Deed of Trust recorded
at Reception No. 2012-005143 and Reception No. 2012-005144 of the Grand County,
Colorado real property records, hereby consents to this plat and agrees that the lien of the
Deed of Trust is hereby subordinated to this plat.
U.S. BANK, N.A.
By:
Name.
Title:
NOTARY:
Acknowledged before me this day of , 2014, by
as of U.S. BANK, N.A
Witness my hand and official seal.
My commission expires:
Notary Public
0 625 1250 2500
NORTH SCALE 1"=2500'-0`
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
GENERAL NOTES
1. THE BUILDING LOCATION DEPICTED ON THIS PLAN IS APPROXIMATE ONLY. THIS PLAN
IS NOT FOR CONSTRUCTION.
2. MINIMUM BUILDING SETBACKS ARE AS FOLLOWS:
FRONT BUILDING SETBACK: TWENTY FEET (20')
SIDE BUILDING SETBACK: SEVEN FEET (T)
REAR BUILDING SETBACK: TEN FEET (10')
3. BUILDING HEIGHT SHALL NOT EXCEED 45 FEET.
4. OFF STREET PARKING IS PROVIDED ON SERVICE DRIVES.
5. SNOW STORAGE AREAS AS DEPICTED ON THE SITE PLANSHEET ARE APPROXIMATE
AND MAY BE ADJUSTED SO LONG AS THE TOTAL SNOW STORAGE IS LOCATED WITHIN
THE PROJECT BOUNDARY.
6. ALL AREAS PLANNED TO ACCOMMODATE PUBLIC SNOW STORAGE LOCATED OUTSIDE
OF THE ROAD RIGHT OF WAY SHALL BE STRUCTURALLY CAPABLE OF
ACCOMMODATING SNOW REMOVAL EQUIPMENT.
7. THIS DOCUMENT SATISFIES THE DEVELOPMENT PERMIT REQUIREMENT IN
ACCORDANCE WITH THE TOWN OF FRASER ZONING ORDINANCE.
SHEET INDEX
COVER SHEET
1
OF 9
Notary Public SITE ANALYSIS
2
OF 9
My commission expires; SITE PLAN
3
OF 9
LANDSCAPE PLAN
4
OF 9
UTILITY PLAN
5
OF 9
GRADING PLAN
6
OF 9
DRAINAGE PLAN
7
OF 9
ARCHITECTURE
8
OF 9
ARCHITECTURE
9
OF 9
OWNER
Cornerstone Winter Park
Holdings, LLC.
P.O. BOX 30
Winter Park, Colorado 80482
(970) 726-8500
ENGINEERING
Phelps Engineering
7200 East Hampden Ave
Suite 300
Denver, CO 80224
(303) 298-1644
ARCHITECT
Neo Studio
3550 Walnut St
Unit A
Denver, CO 80205
(303) 758-3800
DATE: MARCH 23, 2015
COVER SHEET
SHEET 1 OF 9
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I I W FORES T MEA D O WS SOLAR COMMUNITY ZONED B
REC. NO. 198599 •�`-�
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
LEGEND
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�= TO WN OF ERASER 27 J7
R<C. NO. 2002-001871
� PENCE iS Cr•! 1
PIaPEP Y L
LOT 2 °
ELK CREEK
100 YEAR � ,; . e y,ZONED B
FLOOD PLAIN �. \
r
FENCE IS 10 M AIN PA KS
X 11,1'ORTYF IDE ELECTRIC EAS EM FENCE IS
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BK. 241, PG. 8
C] INS c 3
4.
P P
- -
- -- — ---- --- — -- — — - ~� ---- --- ----------
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SW COR. NW 1/4 Ln 20' MOUNTAIN PARKS ELE -TRIC
SW 1,/4 SEC. 20, a � � EASEMENT �
T 1 S, R 7 5 W, FN D. 3" EC. NO ---------------
ZO ED Pl3[3 2003
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0 30 60 120
1 inch = 60 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
SITE ANALYSIS PLAN
SHEET 2 OF 9
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SW COR. NW 1/4
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T 1 S, R 75 W, FND. 3" BRASS CAP LS 7104
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FLOODPLAIN LIMITS
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DEVELOPMENT PERMIT
AREA
8587
FLOODPLAIN LIMITS
ELK CREEK rL
ELK CREEK
0
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
DESIGN DATA
• MAX BUILDOUT 0.5 MGD
• 0.165 MGD AVG DAY
• 0.50 MGD PEAK
• 0.1 MGD LIMITED SIZING/ CAPACITY AVG 0.1 DAY
• 0.2 MDG PEAK
LEGEND
OPEN SPACE
ON
SNOW STORAGE
8588
85g6 \
\ 8587
/ 0 10 20 40
/ 1 inch = 20 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
DATE: MARCH 23, 2015
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
■ ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
SITE PLAN
SHEET 3 OF 9
NATIVE GRASS MIX
COMMON NAME BOTANICAL NAME % OF MIX APPLICATION RATE
Manchar Smooth Brome
Potomoc Orchard
Pubescent Wheatgrass
Perennial Rye
Reubens Canada Blue
Annual Rye
Timothy
Cicer Milkvetch
Alsike Clover
Bromus inermis Leyss
Dactylis glomerata L.
Agropyron trichophorum
Lolium perenne L.
Poa compressa
Lolium multiflorum Lam.
Phleum pratense
Astragalus cicer L.
Trifolium hybridum
TOTAL 50.0 LBS./PLS./AC.
1. SEED APPLICATION: DRILL SEED 0.25'-0.5' INTO THE SOIL. IN AREAS NOT ACCESSIBLE TO A DRILL HAND BROADCAST AT DOUBLE THE ABOVE RATE AND RAKE 0.25'-0.5' INTO
THE SOIL ON SLOPES STEEPER THAT 2:1 HYDROSEED AT DOUBLE THE RATE.
2. SOIL AMENDMENTS. PREPARE SOIL WITH SAND BASED GRANULAR HUMATE AT THE RATE OF 435 LBS. PER ACRE.
3. FERTILIZATION APPLICATION: APPLY BIOSOL ALL NATURAL ORGANIC FERTILIZER AT THE RATE OF 1800 LBS. PER ACRE IN ALL SEEDING AREAS.
4. HYDROMULCH APPLICATION: HYDROMULCH SHALL CONSIST OF CELLULOSE FIBER MULCH AND MULCH TACKIFIER AND SHALL BE APPLIED AT THE RATES OF 2.000 LBS. PER ACRE
AND 100 LBS. PER ACRE CONSECUTIVELY.
o U
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OPEN SPACE 1
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6' HEIGHT WOOD FENCE DETAIL
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1
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12' WIDE GRAVEL
MAINTENANCE PATH
SCALE: 1/2"=V-0"
DEVELOPMENT
PERMIT AREA
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
Landscape Plant List
SYMBOL
COMMON NAME
BOTANICAL NAME
Size
QTY
DECIDUOUS TREES
12
SNARROWLEAF
COTTONWOOD
POPULUS ANGUSTIFOLIA
2" CAL.
5
OASPEN
POPULUS TREMULOIDES
8' CLUMP
8
EVERGREEN TREE
COLORADO BLUE SPRUCE PICEA PUNGENS'ROUNDABOUT' 8' HT.
4
8
SHRUBS
ZPIR ALPINE CURRANT RIBES ALPINUM 5 GAL.
60
4
zpdct
]ACKMAN POTENTILLA
POTENTILLA FRUTICOSA'JACKMANNII'
5 GAL.
8
MOUNTAIN SNOWBERRY
SYMPHORICARPOS OREOPHILUS A. GRAY
5 GAL.
8
MOUNTAIN SPIREA
SPIRAEA SPLENDENS
5 GAL.
8
bltk
bldz NATIVE RED -BERRIED ELDER
SAMBUCUS RACEMOSA
5 GAL.
4
WESTERN SAND CHERRY
PRUNUS BESSEYII
5 GAL.
4
WOOD'S ROSE
ROSA WOODSII
5 GAL.
8
MOUNTAIN MAHOGANY
CERCOCARPUS MONTANUS
5 GAL.
8
CISTENA PLUM
CISTENA PLUM
5 GAL.
4
NATIVE GRASS
PAVED ACCESS
LANDSCAPE AREA = 8206 SF (0.19 AC) = 16% OF DEVELOPMENT PERMIT AREA
LANDSCAPE NOTES:
1 1. ALL PLANT MATERIALS SHALL BE IN ACCORDANCE WITH AAN SPECIFICATIONS FOR NUMBER ONE GRADE.
LIMITS OF 2. ALL SHRUB BEDS SHALL BE PREPARED WITH ORGANIC MATTER AT THE RATE OF 6.5 CUBIC YARDS PER 1,000 SQUARE
FLOODPLAIN FEET. THIS PREPARATION SHALL BE THOROUGHLY INCORPORATED INTO THE TOP 6" OF SOIL.
0 5 10 20
• ` • ` • , • , • , • • , • , • " \ 3. ALL PLANT MATERIAL IS TO BE APPROVED BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.
• ` ` ` ` ` • ` • ` • ` • ` • , • ,'� 4. ALL SHRUB BEDS TO BE MULCHED WITH 4" DEPTH WOOD MULCH. NO FABRIC TO BE INSTALLED UNDERNEATH WOOD
` • ` • ' • ` • ` • ` • ` • ` • ` • ` • \ 1 inch = 10 ft. Horizontal MULCH. WOOD MULCH TO BE PROVIDED BY OWNER FROM PINE TREES CHIPPED ON SITE.
O�. . • . ` • ` • `. `. `. �• + *NOT TO SCALE IF SHEET SIZE 5. ALL LANDSCAPE AREAS TO BE IRRIGATED BY AN AUTOMATIC UNDERGROUND IRRIGATION SYSTEM. IRRIGATION DESIGN
OTHER THAN 24"x36" TO BE PROVIDED BY CONTRACTOR. ` ` ` 6. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REPAIR OF ANY DAMAGE TO EXISTING UTILITIES, HARDSCAPE,
` +.. .
`.`.�`�`..�.�.``FENCING AND OTHER STRUCTURES THAT ARE A RESULT OF INSTALLATION. THE REPAIR OF SUCH DAMAGE WILL BE AT
�
O C' . . NO ADDITIONAL COST OT THE OWNER.
. . ` . `
o o
,� ��586 `. \ 7. THE CONTRACTOR SHALL FINE GRADE ALL AREAS TO BE PLANTED. THE CONTRACTOR SHALL REMOVE REQUIRED
O� O " • " `�\ DEPTH OF SOIL ALONG WALKWAYS TO ACCOMMODATE SEED OR MULCH DEPTH.
• 8. THE CONTRACTOR SHALL MAINTAIN POSITIVE DRAINAGE AWAY FROM ALL STRUCTURES AND WALKWAYS. HAVE ALL
\ -\� FINE GRADING APPROVED PRIOR TO SEEDING AND SODDING.
\\ 9. SHRUBS SHALL BE LOCATED A MINIMUM OF 4 FROM WATER, SEWER & GAS LINES. TREES SHALL BE LOCATED A
�� `` • ` • ` - • ` • ` • ` • W - ` • ` • ` • ��- MINIMUM OF 6' FROM WATER, SEWER & GAS LINES.
I" ILI .
• \\\\III' /� - • • • • • • • . • . \ 10. CONTRACTOR IS TO MAINTAIN ALL PLANTINGS AND ASSOCIATED IRRIGATION SYSTEM INSTALLED UNDER THIS CONTRACT
UNTIL FINAL ACCEPTANCE AND TURNOVER TO OWNER. THIS MAINTENANCE SHALL INCLUDE PROPER WATERING OF ALL
` \ . ` A� PLANTS AND MOWING OF GRASS IF NECESSARY.
��.�.�.�.�...�.�.�.�.�.�.�.�.�.�.�.*
........... .
11. ALL PLANT MATERIAL WILL BE COVERED BY A TWO (2) CALENDAR YEAR WARRANTY. THE CONTRACTOR SHALL
\ . REPLACE DEAD. UNHEALTHY, OR OTHERWISE UNSATISFACTORY MATERIAL THROUGHOUT THIS PERIOD. THE WARRANTY SHALL BEGIN UPON FINAL ACCEPTANCE OF THE JOB. SHOULD A DISCREPANCY EXIST IN THE PLANT COUNT BETWEEN
THE PLAN AND THE PLANT LIST, THE PLAN SHALL DICTATE.
. . . . . . . . . . . . . . . . . . . .
` 12. PRIOR TO INSTALLATION OF PLANT MATERIALS, AREAS THAT HAVE BEEN COMPACTED OR DISTURBED BY CONSTRUCTION
ACTIVITY SHALL BE THOROUGHLY LOOSENED & AMENDED
` " • ` • ` • ` • 13. ALL DISTURBED AREAS TO BE RESEEDED WITH REVEGETATION MIX SHOWN ON THIS SHEET.
14. NOXIOUS WEEDS SHALL BE CONTROLLED.
15. THE OWNER SHALL PROVIDE LONG-TERM MAINTENANCE FOR ALL LANDSCAPE IMPROVEMENTS.
12' GATED
ACCESS
PAVED PARKING
8587 1
EROSION CONTROL
BEST MANAGEMENT PRACTICES WILL BE INSTALLED AND MAINTAINED THROUGHOUT THE
DURATION OF CONSTRUCTION.
DATE: MARCH 23, 2015
GC�FyFC EPRA� P-�i�S -
- QIP C O US T R U CTO N
PHELPS
■_ ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
LANDSCAPE PLAN
SHEET 4 OF 9
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MAINTENANCE PATH
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FLOODPLAIN LIMITS
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
ELK CREEK CENTERLINE
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
•" I
0 10 20 40
"O!!�
1 inch = 20 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
DATE: MARCH 23, 2015
U PHELPS
■ ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
UTILITY PLAN
SHEET 5 OF 9
00h
PA SW 1
o
ELK CREEK
FLOODPLAIN LIMITS
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
ELK CREEK CENTERLINE
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
•" I
0 10 20 40
"O!!�
1 inch = 20 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
DATE: MARCH 23, 2015
U PHELPS
■ ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
UTILITY PLAN
SHEET 5 OF 9
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PROP. 4' INFLUENT MH
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WATR QUALITY &
DETETION POND
OUTLET STRUCTURE
\ LIMITS OF
\ FLOODPLAIN
WATER QUALITY & \
DETENTION POND \
I
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
DEVELOPMENT
PERMIT AREA
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x O� 8588.4 _
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- - - - - - - - - DATE: MARCH 23, 2 015
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PAVED ACCESS
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0
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00
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8589
EL K CREEK
•
FLOODPLAIN LIMITS
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
8588
LEGEND:
EX. BOUNDARY
EX. MAJOR CONTOUR
EX. MINOR CONTOUR
C F CF CF CONSTRUCTION FENCE
LOC LIMITS OF CONSTRUCTION
ECL EROSION CONTROL LOG
SSA :1 STABILIZED STAGING AREA
CONCRETE WASHOUT AREA
����mill
INLET PROTECTION
ALINE
'0
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CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
II
L PHELPS
i I�■ ENGINEERING
/ \\7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
0 10 20 40
1 inch = 20 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
DATE: MARCH 23,2015
DRAINAGE & EROSION
CONTROL PLAN
SHEET 7 OF 9
1
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03
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8589
EL K CREEK
•
FLOODPLAIN LIMITS
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
8588
LEGEND:
EX. BOUNDARY
EX. MAJOR CONTOUR
EX. MINOR CONTOUR
C F CF CF CONSTRUCTION FENCE
LOC LIMITS OF CONSTRUCTION
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SSA :1 STABILIZED STAGING AREA
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ALINE
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CONCEPTUAL PLANS
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II
L PHELPS
i I�■ ENGINEERING
/ \\7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
0 10 20 40
1 inch = 20 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
DATE: MARCH 23,2015
DRAINAGE & EROSION
CONTROL PLAN
SHEET 7 OF 9
/
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1
ELEVATION
SCALL; 1/4' 1
0
� 22'-1 3/4"
12'-0"
LEVEL 0
01-0//
ELEVATION
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12'-0"
LEVEL 0
0/-0//
ELEVATION
S C A LE „4
12'-0"
LEVEL 0
0/-0//
4 ELEVATION
SCALES 1/4' CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
PHELPS
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
`4
142141=10,191
STONE
STUCCO
METAL ROOFING
-DAT-E: MARCH 231 2015
ARCHITECTURE
SHEET 9 OF 9
FRASER PLANNING COMMISSION
RESOLUTION NO. 2015-07-01
A RESOLUTION RECOMMENDING DENIAL OF THE APPLICATION FOR A USE BY
SPECIAL REVIEW FOR THE BYERS WASTEWATER TREATMENT FACILITY
WHEREAS, at the regular meeting of the Fraser Planning Commission held on June 24,
2015, Cornerstone Winter Park Holdings requested Planning Commission consideration of the
Application for Use by Special Review for the Byers Wastewater Treatment Facility and the
Planning Commission conducted a Public Hearing on the matter, and
WHEREAS, after reviewing the application and associated submittals, staff provided a
briefing dated June 5, 2015 wherein it was noted that staff finds that the applicant has not met
the burden of proof to demonstrate that the proposed Use by Special Review meets the
standards and criteria for such uses as provided by the Town Code. Accordingly, staff
recommended denial.
NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission hereby
finds that the following:
a. The proposed use does not comply with all requirements imposed by the Fraser
Town Code and all other ordinances and regulations of the Town.
b. The proposed use is not in conformance with the Town's Comprehensive Plan.
C. The proposed use is not compatible with adjacent uses due to the proposed site
design and inadequate control of adverse impacts, including noise, odor and
impact on property values of the surrounding area.
d. Alternatives exist to address the community need for the use, the development is
better served at the Upper Fraser Valley Wastewater Treatment Facility.
e. The location for the use is not suitable.
f. The proposed use is not in compliance with all requirements of Chapter 16,
Article 4 of the Fraser Municipal Code.
FURTHERMORE, the Fraser Planning Commission hereby recommends denial of the
Application for Use by Special Review for the Byers Wastewater Treatment Facility. In addition
to the failure to meet the Use by Special Review Criteria, the Planning Commission notes the
following:
a. Given the fact that the Colorado Department of Public Health and Environment
permitting process has not been initiated, we cannot confirm permitting
requirements that may affect site design. For example, given the size and
seasonal nature of Elk Creek, we anticipate that flow equalization will be required
for the effluent.
b. The submittals do not meet the minimum information necessary to determine
compliance with all of the criteria and standards.
C. The proposal is not consistent with the requirements of the Meyer Subdivision
Improvement Agreement, in particular it does not provide for pedestrian access
to and along Elk Creek or provisions related to CR72.
APPROVED AND ADOPTED THIS 22nd DAY OF JULY. 2015.
FRASER PLANNING COMMISSION
Chairman
ATTEST:
Town Clerk
Ad Name: 11415704A
Customer: TOWN OF FRASER
Your account number is: 1095750
POIR MIDDLE PARK II .6,
I1_3
100
PROOF OF PUBLICATION
MIDDLE PARK TIMES
I, Matt Sandberg, do solemnly swear that I am the
publisher of the Middle Park Times, that the same is a weekly
newspaper printed, in whole or in -part, and published in
the County of Grand, State of Colorado, and has a general
circulation therein; that said newspaper has been published
continuously and interruptedly in said County of Grand
for a period of more than fifty-two consecutive weeks next
prior to the first publication of the annexed legal notice or
advertisement, that said newspaper has been admitted to the
United States mail as second-class matter under the provisions
of the act of March 3, 1879, or any amendment thereof, and
that said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published
in the regular and entire issue of every number of said daily
newspaper for the period of 1 consecutive insertions; and
that the first publication of said notice was in the issue of said
newspaper dated 8/13/2015 and that the last publication of said
notice was dated 8/13/2015 in the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
08/18/2015.
r
Matt Sandberg
Publisher
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 08/18/2015.
Ao. 0
Okl-�
Pamela J. Schultz, otary Public
My Commission expires: November 1, 2015
�WRY PU
' PAMELAJ.
SCHULTZ
COQ OSP
My Commission Expires 11101/2015
NOTICE OF PUBLIC HEARING
FRASER, COLORADO
NOTICE IS HEREBY GIVEN that a public hearing
will be held by the Fraser Town Board at a regular
meeting scheduled for Wednesday, September 16,
2015 at 7:00 p.m., in the Town Board Room of the
Fraser Town Hall, located at 153 Fraser Avenue,
Fraser, Colorado to consider the following devel-
opment proposal:
Development Permit -Special Review Use -Me-
chanical Wastewater Treatment Facility
More legally described as follows:
Lot 2, MEYER SUBDIVISION, according to the Plat
thereof filed May 26, 2005, at Reception No.
2005-005382.
All interested parties are invited to attend and will
have an opportunity to comment.
Proposed plans for the subject property are on file
with the Town Planning Department.
Publish one time in the Middle Park Times on Au-
gust 13, 2015.(11415704)
16'-1 3/4"
9'-11 3/4"
LEVEL 0
0'-0"
Adk
16'-1 3/4"
9'-11 3/4"
LEVEL 0
0'-0"
16'-1 3/4"
Adk
9'-11 3/4"
LEVEL 0
0'-0"
16'-1 3/4"
J�
9'-11 3/4"
LEVEL 0
0'-0"
1
2
3
ELEVATION
SCALE: 1/4" = 1'-0"
ELEVATION
SCALE: 1/4" = 1'-0"
ELEVATION
SCALE: 1/4" = 1'-0"
ELEVATION
SCALE: 1/4" =
1'-0"
BRICK
STONE
STUCCO
METAL ROOFING
studio
3560 Walnut st. Denver, Colorado 80205
www.neosfudioarch.com (303) 758 3800
CERTIFICATE FOR APPROVAL BY THE TOWN BOARD:
Approved and all public dedications accepted this _day of by the
Fraser Town Board. The Town of Fraser does not assume any responsibility for the
correctness or accuracy of any information disclosed on this plan nor any representations
or information presented to the Town of Fraser which induced the Town to give this certificate.
BY:
Mayor, Town of Fraser
DEDICATION AND NOTARY CLAUSE:
KNOW ALL MEN BY THESE PRESENTS: THAT CORNERSTONE WINTER PARK HOLDINGS, LLC I5
THE OWNER OF THE REAL PROPERTY SITUATED IN THE TOWN OF FRASER, GRAND COUNTY,
COLORADO, MORE FULLY DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
A portion of Lot 2, Meyer Subdivision as recorded on 211-
at
,20at Reception No. -
OWNER CERTIFICATE
IN WITNESS WHEREOF, Cornerstone Winter Park Holdings LLC has caused his/her
name to be hereunder subscribed this _day of , 2014.
CORNERSTONE WINTER PARK HOLDINGS LLC,
a Colorado limited liability company,
alotuWAQUIV
MORTGAGEE'S CONSENT
The undersigned, being an authorized represemative of U.S. Bank, NA., the holder of a
beneficial interest in and to the property described an this plot, under Deed of Trust recorded
at Reception Na 201 2-0051 43 and Reception No. 2012-005144 of the Grand County,
Colorado real Property records, hereby Consents to this plat and agrees that the ten of the
Deed of Trust is hereby subordinated to this plat.
U.S. BANK N.A.
Mir
OWNER
Comerstane Winter Park
Holdings, LLC.
P.O. BOX 30
Winter Parc, Colorado 80482
(970) 728.860D
a
ENGINEERING
Phelps Engineering
7200 East Hampden Ave
Suite 300
Denver, CO 80224
(303) 2911-1644
ARCHITECT
Neo Studio
3560 Walnut St
Unit A
Denver, CO 8D2D5
(303) 756-36011
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
GENERAL NOTES
1. THE BUILDING LOCATION DEPICTED ON THIS PLAN IS APPROXIMATE ONLY. THIS PLAN
IS NOT FOR CONSTRUCTION.
2. MINIMUM BUILDING SETBACKS AREAS FOLLOWS:
FRONT BUILDING SETBACK: TWENTY FEET (2(Y)
SIDE BUILDING SETBACK: SEVEN FEET (7)
REAR BUILDING SETBACK: TEN FEET (10')
S. BUILDING HEIGHT SHALL NOT EXCEED 45 FEET.
4. OFF STREET PARKING IS PROVIDED ON SERVICE DRIVES.
5. SNOW STORAGE AREAS AS DEPICTED ON THE SITE PLAN SHEET ARE APPROXIMATE
AND MAY BE ADJUSTED SO LONG AS THE TOTAL SNOW STORAGE IS LOCATED WITHIN
THE PROJECT BOUNDARY.
6, ALL AREAS PLANNED TO ACCOMMODATE PUBLIC SNOW STORAGE LOCATED OUTSIDE
OF THE ROAD RIGHT OF WAY SHALL BE STRUCTURALLY CAPABLE OF
ACCOMMODATING SNOW REMOVAL EQUIPMENT.
7- THIS DOCUMENT SATISFIES THE DEVELOPMENT PERMIT REQUIREMENT IN
ACCORDANCE WITH THE TOWN OF FRASER ZONING ORDINANCE.
SHEET INDEX
COVER SHEET
Nems:
By: C. Clark Lipscomb
Tide:
NOTARY:
President
Ackri iedged before me this day of 2014, by
LANDSCAPE PLAN
es of U.S. BANK, N.A
State of Colorado )
witness my hand and official seal.
GRADING PLAN
My commission expires: . _._.
ss.
7 OF 9
County of
--
ARCHITECTURE
Notary Pudic
The foregoing instrument was acknowledged before me this day of
2014, by C. Clark Lipscomb as President on behalf of Cornerstone Winter Park
Holdings LLC, a Colorado limited liability company.
WITNESS my hand and official seal
Notary Public
My commission expires:
OWNER
Comerstane Winter Park
Holdings, LLC.
P.O. BOX 30
Winter Parc, Colorado 80482
(970) 728.860D
a
ENGINEERING
Phelps Engineering
7200 East Hampden Ave
Suite 300
Denver, CO 80224
(303) 2911-1644
ARCHITECT
Neo Studio
3560 Walnut St
Unit A
Denver, CO 8D2D5
(303) 756-36011
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
GENERAL NOTES
1. THE BUILDING LOCATION DEPICTED ON THIS PLAN IS APPROXIMATE ONLY. THIS PLAN
IS NOT FOR CONSTRUCTION.
2. MINIMUM BUILDING SETBACKS AREAS FOLLOWS:
FRONT BUILDING SETBACK: TWENTY FEET (2(Y)
SIDE BUILDING SETBACK: SEVEN FEET (7)
REAR BUILDING SETBACK: TEN FEET (10')
S. BUILDING HEIGHT SHALL NOT EXCEED 45 FEET.
4. OFF STREET PARKING IS PROVIDED ON SERVICE DRIVES.
5. SNOW STORAGE AREAS AS DEPICTED ON THE SITE PLAN SHEET ARE APPROXIMATE
AND MAY BE ADJUSTED SO LONG AS THE TOTAL SNOW STORAGE IS LOCATED WITHIN
THE PROJECT BOUNDARY.
6, ALL AREAS PLANNED TO ACCOMMODATE PUBLIC SNOW STORAGE LOCATED OUTSIDE
OF THE ROAD RIGHT OF WAY SHALL BE STRUCTURALLY CAPABLE OF
ACCOMMODATING SNOW REMOVAL EQUIPMENT.
7- THIS DOCUMENT SATISFIES THE DEVELOPMENT PERMIT REQUIREMENT IN
ACCORDANCE WITH THE TOWN OF FRASER ZONING ORDINANCE.
SHEET INDEX
COVER SHEET
1 OF 9
SITE ANALYSIS
2 OF 9
SITE PLAN
3 QF 9
LANDSCAPE PLAN
4 OF 9
UTILITY PLAN
5 OF 9
GRADING PLAN
6 OF 9
DRAINAGE PLAN
7 OF 9
ARCHITECTURE
8 OF 9
ARCHITECTURE
9 OF 9
DATE: MARCH 23, 2015
COVER SHEET
SHEET 1 OF 9
Lu LZ
pm�
0
0
S89154109"Iff
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
40.00'
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
J.,
TRACT A
RESUBDIOSION OF PARCEL C LEGEND
OF FOREST
;2 MEADOWS SOLAR COMMUNITY
PRIMARY DRAINAGES
POINT OF -ng i NO. 198590
4
BEGIIii <1d ARA CTC 30% OR GREATER SLOPES
0 z RES&fAOW,�
PARCEL�'A-' _�,,OF PARCEL. C 9F
FOREST MEAliSQ�AR COMkf6N1TY FOUND SECTION CORNER
I AS DESCRIBED
REC 140
19��O
SITE LOCATION
JOHNS DRIV
1
ZONED B
0 REC, NW940014
.4
TRACT B
RESURDIOSION OF PARCEL C OF
L low
FOREST MEADOWS SOLAR COMMUNITY ZONED B
REC. NO. 198590
BLOCK 2
U;J
A PES-OBU.U$10N OF TRACTS D&E
12
7— OF A MINCr7,REZVPDIVISION OF PARCEL C
—JOHNS DRIVE FOREST
M���';:.�.U.218�0
22' Row DOWS SOLACMIll 334, PG. 99 72
A '7
3b' SEll A
INA IFR EASEUENT BLOM 2
TJTr' TRACTS D&E,
A RESU40ZWSIOIV
4'09'E• '5;jool/ STORArE
OF A MINOR RESUBDIWS�l 0F"PARc,'EL'C,'
Ni
4q_L00'
3f
2WMbll1l
FOREST MEADOWS'SOLAR C
REC. NO. 218772
LOT '2 BLOCK I
J,A RESUBDIVISION OF TRA C T_`
ELK CREEK .56' SEXIER AND — OF A MINOR RESUBDi
7 WATER EA SE14EIV T OF PARCEL C FOREST MEAL
AR COMMUNITY
ZONED. B'L: SOL
100 YEAR
FLOOD PLAIN 60* ACCESS REC. NO. 218772
EA SE74EN
REC. NO -
T
Vol
A.
'_i, 7:. i
:FFW,,-? A W)
ZONED B
S
7/1 in In 4"'SErl 20 St COR. NW 1/4
SW COR. NW 1/4 20' AfOUNTAIN PARKS ELl S8 4r .4
S w SEC. 20,
SW 1/4 SEC. 20, EASEMENT T1 S, R/
75 W, FND.
T 1 S, R 75 W. FND. 3" '�3 -1/
CAP LS 7104 w ruu 20432" ALUM. CAP LS 25971 DATE' MARCH 23, 2015
Apr,
"J
NO TO Sl IF HT SIX l
Nill
Nil
I inchSEE
h - 80 & H..i—t
THEIR TMAN 2F's1E'
SITE ANALYSIS PLAN
SHEET 2 OF 9
`\
PROP. 4'INFLUENT MH 5 GRAVEL MAIGNTEDWJCEk 11-4-\
PARI
t '
PD
EQUIPMENT BLDG.
AREA
4• gSMO`„r_ BS86
ISM+
I 3
SBR x
PROP. TRANSFORMER
I
x
{1 EMERGENCY GENERATOR Z
{ ` P
_ — — PAVBO ACCESS 17 GATED Y
ACCESS I ry
r�
SW COR. NW 114
SW 114 SEC. 20,
T 1 5, R 75 W, FND. 3" BRASS CAP LS 71 D4
1,
I I
I
i
PASWi
DEVELOPMENT PERMIT
ARFA
85g9
I
8686
8587
I
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
PHELPS
m I
-� —,r200 E. Hampdw A+ . Sulfa 300
Dam r, CO 80224 (303) 2SE-1644
7 inch = w fL Hnrlscntel
• xo3 m scut it � srlc
OMER Txnx 94x36'
VAI c: mAKIn LJ, zvlD
SITE PLAN
SHEET 3 OF 9
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
DEVELOPMENT PERMIT AREA
•,\
DESIGN DATA
— k
k
\
MAX BUILDOUT 0.5 MGD
I
0.165 MGD AVG DAY
I
I
k
\
0.50 MGD PEAK
l
0.1 MGD LIMITED SIZING/ CAPACITY AVG 0.1 DAY
g
�k k
TREATID WATER k
I DISCHARGE PIPE
FLOODPLAIN LIMITS
`r
FLOODPLAIN UMI1s
. 0.2 MDG PEAK
SITEINFO
'o
SF Ac
k RIPRAPCHANNEL ,
SUILDINGAREA 4048 0.09 8%
OPENSPACEAREA 33245 0.76 6696
k
1
WATER OUAUTYa
DETENTION POND
`
FACIUTYAREA 12924 0.30 253%
i�GIENSP
l J� "
'OUTLETSTRUCTURE
TOTALSITEAREA 50217 1.15 10096
`
±
LEGEND
k :
-
ELKCREEK7
OPEN SPACE
WATER QUALITY&
'
DETENTION POND
i I k
'\
SNOW STORAGE
1
— ROA°..`_.. _
+I show k
I /
ELK CREEK
\
4G
..1.. 40•
I,_L((
".
80' R.O.w 8584
t
I
HFADWORKS
SAN.STUB k \ \
•
SECURffYlSCAEEN
FENCE
DEVELOPMENT PERMIT
AREA
BSBB
`\
PROP. 4'INFLUENT MH 5 GRAVEL MAIGNTEDWJCEk 11-4-\
PARI
t '
PD
EQUIPMENT BLDG.
AREA
4• gSMO`„r_ BS86
ISM+
I 3
SBR x
PROP. TRANSFORMER
I
x
{1 EMERGENCY GENERATOR Z
{ ` P
_ — — PAVBO ACCESS 17 GATED Y
ACCESS I ry
r�
SW COR. NW 114
SW 114 SEC. 20,
T 1 5, R 75 W, FND. 3" BRASS CAP LS 71 D4
1,
I I
I
i
PASWi
DEVELOPMENT PERMIT
ARFA
85g9
I
8686
8587
I
CONCEPTUAL PLANS
NOT FOR CONSTRUCTION
PHELPS
m I
-� —,r200 E. Hampdw A+ . Sulfa 300
Dam r, CO 80224 (303) 2SE-1644
7 inch = w fL Hnrlscntel
• xo3 m scut it � srlc
OMER Txnx 94x36'
VAI c: mAKIn LJ, zvlD
SITE PLAN
SHEET 3 OF 9
NATIVE GRASS MIX
COMMON NAME
BOTANICAL NAME
% OF MIX
APPLWATION RATE
Marcher SDhODBT B m
Ben inenrda Laps.
20%
10.0
P0kM=0Fa0a
DKclyHeglome WL
20%
0A
Pubscand wheavnm
AWupyra0 0200
20A%
10.0
Pownkl Ftye
Lakn percher L
11%
5.5
R aUbOM CahISda BkM
Poe crmptesse
10%
8A
AMR&W Rya
Lagan mull0prum Tara,
10%
5.0
Tlnolhy
Phleum pretense
8%
2.5
GkwmE wmm
Ashegahrsar L-
2%
110
NsTW Ckw
Trilafum hybrWum
2%
1.0
TOTAL 90-O LBSJPLSJAC.
7. 7<BpMYHDL1Hh HLL lli9 aff-L5 KM IM SOL N AREAS MT AMESME TD A NRL KWBRONA f AT DMM EME MW RAE AAL ROE 4w -0Y ILIO
TIE 8W. OK 9DIE5 SEER TINT 9H 11119 11111)= ID AT DOW ZE RATE.
2. SK AN90MM B PIEPAE SOL LBM SAG BAM EFMM R,I M AT RE RAE CIF 435 LM PEA AHE
3 Pun Lmum ApKcAv R APPLY LD9H. AL RhAM Ht6ALR0 PtA'WO AT IIHE RAE OF 1100111 IM PSl AHE L ALL S AWAY&
4
='=U& ASLIOATIM Lh10RM11=1 VAL OL151RT OF TABR M MW MLHF APL MAN TyGLtAt ARL 9WL BE AFKa AT IM RABr3 w Z= UI No ACM
PHI AHE VNIM B1ELY.
I
B�62
SECl1RITYISCREEN
FENCE
i
U 1j11 ® F0
OPEN SPACE J 1
HEIGHT WOOD FENCE DETAIL
::\ 1
..'... •. •.'. •:'.' -'.' .". -.'. . .� SCALE:
k...
t.•.'.'.'•'•-----•••-"-•-••:.-.:.._..4\ ' DEVELOPMENT
��---.'.-.-.'.'.-. .".'.- .'. .
` :-:•:•:-:-:-:-::•: •:-:•: •:".•.-.•.•� WATER DUALHYK
.-.•.•. •.•.-. •.•.".. •.'.'.'.".'.-r.....� DETENTION POND
SECUR17Y15CREEN
PENCE
-\•.".•.•.•.-.'.-.'.-.• + 12' WIDE G
?�.•:- '�
�- _ ..� .... _ _ `\.--•.•, '-_••-V-•,--\
MNTENANCEr
LIMITS OF
a\ FLCODPLAJN
x
(+ \ 1 inch - 10 IL HorlreOlwl
.-_'A'.•.-. .-. �• ma m SCN.E IR a T 9S
MER TINT 21'.W
L-
: "
'y ..
a EQUIPMENT BLDG. '.'_ .... ... . _ .'.'.-:-.'_'.•:'.'.`�
.+� .:::::.. '
; ::::___
t
till f I•.-- --.-..
SBR 1 .' .... -
[L FF45as.50
A r 7 1
4 h
4 --Y - PAVED PAPMNG
:n.
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0�
PAVED AOCEFS - - -
asap
17 GATED
ACCESS
24.1
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
Laedompe Plant List
stAaa ; cahrAOK hAAhE- — � hlmAmaL KAhe S1,A QrY
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a
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0161EAIARIIM IRM. I
a
A
NATIVE GRASS
PAVEDACCESS
LANDSCAPE AREA = 8209 SF (0,18 AOI =19% of DEVELOPMENT PERMIT AREA
LANDSCAPE NOTES:
1. ALL PLANT WAMBMS WAIL lE N AMEMCE WN AM SEC('M7013 FOR LIBER OM GMDE
L AAL SM BFBS SHALL BE PFERM MN 010W MATmt AT 0E PAIE OF P.0 MW YMM PER LOm SWA
FEEL 115 REPAATM W L BE 11I011011RLY NWMStAIM PKI TRE TOP r W SDR.
1 NL PINH YAMMIL 6 70 BE APPRM BY 71E IAMOSOAPE MScmw wen 10 PISrNulm
l ALL 9Me mm?o E ALOO111RN 4' OEP11 WOM l iLM NO FAW 10 E IWALM IMLNEMTN 8000
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L TIE 0NUWM SNAIL BE ESPOI ELE FOR BE RPM OF ANY IMIAW TO Dm7IB =TIM IIILI➢BCAPE
FFTM AIB OBER i1LCBREB TMT ARE A IMLT CP ITSTAIAAWK TNM RFPAR OF ROW DMMCE TELL HE AT
10 ANAMWIL CMT OT 1E 00EL
7. BE 021111CM 911MLL FEE GUM ALL MEAS m EE PLAKM TIE 0M R19M SSALL HIME NFAREO
D" of SOL K= WI R YS TO AOMMAX SEED OR IALW 0",
L BE CWFM St SMLL MAIM PORTAE ORAIWOE MY FWU ALL SIRIICIHES ANO BOANAYS NATE AIL
FRE MM APPROYFD PROM 10 SOW Am SMM
L MOS WALL BE 1DCATM A blIANN OF f PWM NITER. SIM ! 94 WM TREES S MU. E I WHIM A
LKRIN DF E E INlal 511311011 A RAS LIM
10L mNNMCM IS M KANM ALL PW13R8 Are AMMAIM RRAIM SYSILM NERA M IMOER IRS LGFIRACT
W8 MAL Am 7AMMM M UIIEA 103 KAIITMICd ROLL NAM PR7M ekli e E ALL
KAKIS AND M OF WASS IF 1E1EffiARi'.
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DATE: MARCH 23, 2015
UTILITY PLAN
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1
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BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
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DATE: MARCH 23, 2015
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1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
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PROP. TRANSFORMER
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DATE: MARCH 23,2015
DRAINAGE & EROSION
CONTROL PLAN
SHEET 701`9
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Deriver, Co 80224 (909) 29&1644
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
LEGEND
BRICKSTONE
STUCCO
METAL ROOANG
DA -TE: MARCH 23, 2915
ARCHITECTURE
SHEET 9 OF 9
GooRIC earth feet 1000
metersi 500
Ad Name: 11415704A
Customer: TOWN OF FRASER
Your account number is: 1095750
1 DIMS Y: a„ h.
I AMC
PROOF OF PUBLICATION
MIDDLE PARK TIMES
I, Matt Sandberg, do solemnly swear that I am the
publisher of the Middle Park Times, that the same is a weekly
newspaper printed, in whole or in -part, and published in
the County of Grand, State of Colorado, and has a general
circulation therein; that said newspaper has been published
continuously and interruptedly in said County of Grand
for a period of more than fifty-two consecutive weeks next
prior to the first publication of the annexed legal notice or
advertisement, that said newspaper has been admitted to the
United States mail as second-class matter under the provisions
of the act of March 3, 1879, or any amendment thereof, and
that said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published
in the regular and entire issue of every number of said daily
newspaper for the period of 1 consecutive insertions; and
that the first publication of said notice was in the issue of said
newspaper dated 8/13/2015 and that the last publication of said
notice was dated 8/13/2015 in the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
08/18/2015.
Matt Sandberg
Publisher
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 08/18/2015.
amela J. Schultz, Aotary Public
My Commission expires: November 1, 2015
o(P?:Y PUeZi
PAMELAJ. '
SCHULTZ
My Commission Expires Ivmo15
NOTICE OF PUBLIC HEARING
FRASER, COLORADO
NOTICE IS HEREBY GIVEN that a public hearing
will be held by the Fraser Town Board at a regular
meeting scheduled for Wednesday, September 16,
2015 at 7:00 p.m., in the Town Board Room of the
Fraser Town Hall, located at 153 Fraser Avenue,
Fraser, Colorado to consider the following devel-
opment proposal:
chanical Wastewater Treatment Facility
More legally described as follows:
Lot 2, MEYER SUBDIVISION, according to the Plat
thereof filed May 26, 2005, at Reception No.
2005-005362.
All interested parties are invited to attend and will
have an opportunity to comment.
Proposed plans for the subject property are on file
with the Town Planning Department.
Publish one time In the Middle Park Times on Au-
gust 13,2015.(11415704)
0
August 26, 2015
Dear Sir/Madam:
This letter is to advise you that Cornerstone Winter Park Holdings, LLC has requested a Development
Permit for a property located at Meyer Subdivision, Lot 2 (Parcel B), Block 3 & 4, a resubdivision of
Tract D & E, Forest Meadows Solar Community and that the Town of Fraser has scheduled a public
hearing to consider this request. The public hearing is scheduled for Wednesday, September 16, 2015 at
5:30 p.m. at the Town of Fraser Town Hall located at 153 Fraser Avenue in the Board Room.
Enclosed for your review is a copy of the Development Permit as presented to the Town of Fraser.
Additional application materials are on file at the Town Hall offices. The Town of Fraser may be
contacted at 970-726-5491 for further information.
Please note that you may comment at the public hearing or by forwarding written comments to the Town
of Fraser Planning Department (P.O. Box 370, Fraser, CO 80442). Written comments must be received by
the Town prior to the public hearing.
Sincerely,
ark Lipscomb
President
Cornerstone Winter Park Holdings, LLC
970.281.4053
clark@cstoneholdings.com
MAIN OFFICE: 970-726-8600 FAX: 970-726-8833
REAL ESTATE OFFICE: 970-726-8700 CONSTRUCTION OFFICE: 970-726-3103
POST OFFICE BOX 30 WINTER PARK COLORADO 80482
Print Form
t9cc, 101L, ORA D O
LAND USE APPLICATION FORM
PROJECT NAME: Byers Waste Water Treatment Plant
DATE RECEIVED: I APPLICATION FEE:
TYPE OF APPLICATION HEARING DATE
C' Annexation, Zoning, Concept Plan C` Change of Zone ( Development Permit
C' Conditional Use d Final Plat O Minor Subdivision Plat
(' As Built Plat r, Planned Unit Development r. Preliminary Plat
C' Site Plan C Sketch Plan r Subdivision Exemption
(-..Vacation of Street or Easement C' Variance (' Other
(',Final Planned Development Plan
PROJECT INFORMATION
Applicant's Name:
Cornerstone Winter Park Holdings, LLC
Project Location:
Meyers Subdivision, Lot 2
Address:
Phone/Fax:
Phone: 970-726-8600 Fax: 970-726-8833
P.O. Box 30 Winter Park, CO 80482
Existing Location:
Winter Park, CO 80482
Proposed Zoning: �—
Denver, CO 80204
Relation to Property Owner:
Clark Lipscomb, President
Legal Description of Property (lots, blocks, tracts, subdivision name, or metes & bounds - attach additional
sheet, if necessary):
Meyer Subdivision, Lot 2 (Parcel B), Block 3 & 4, a resubdivision of Tract D & E, Forest Meadows Solar Community, Reception #218722
Total Acreage of Property under Consideration:
Lot 2 is 8.32 acres
Number of Existing Residential Lots:
Number of Proposed Residential Lots:
Type of Housing Proposed:
[Number of Existing Commercial Lots:—�
Number of Proposed Commercial Lots: 1
ADDITIONAL CONTACTS
Property Owner:
Clark Lipscomb
Consultant:
Vogel & Associates, Jeff Vogel
Address:
Address:
475 W. 12th Ave., Suite E
I P,O. Box 30
City/State/Zip:
Winter Park, CO 80482
City/State/Zip:
Denver, CO 80204
Phone/Fax:
Phone/Fax: Phone: 303-893-4288 Fax: 303-893-6792 i.
Phone: 970-281-4053 Fax: 970-726-8833
BRIEF DESCRIPTION OF DEVELOPMENT:
Cornerstone Winter Park Holdings, LLC ("Owner") plans to construct a wastewater treatment plant ("Plant") to be operated by it for
commercial purposes to service the unincorporated Byers Peak Ranch development property.
The Town of Fraser requires that the applicant pay all fees and costs relating to this application, as provided in the
Town's general application policies set forth in Section 1-3-70 of the Fraser Municipal Code, which is reproduced
below. The undersigned acknowledges that he or she has read and understands such policies and agrees to the
terms thereof, including those provisions concerning collection of unpaid charges owed to the Town. The amount
payable for up -front application fees and any cash deposit for additional processing charges will be specified by Town
staff at the time of filing this application. Additional payments or deposits may be required during the processing of
the application.
CERTIFICATION
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and
exhibits herewith submitted are true and correct to the best of my knowledge. The Authorized Signer gives consent
for Town of Fraser representatives to make all reasonable inspections and investigations of the subject property
during the period of processing this application I understand that all materials and fees required by the Town of
Fraser must be submitted prior to having this application processed.
Authorized Signature: // Date:
Sec. 1-3-70. General application policies. %� ✓��
The following general policies shall apply to all applications for permits or other approvals required under the provisions of this Code, unless
different requirements, which are inconsistent with the following, are specified under the provisions of this Code for a particular type of application:
(1) No application will be considered complete until all prescribed fees and deposits have been paid.
(2) Application fees. Application fees are established and modified from time to time by the Board of Trustees and are set forth in the current fee
schedule approved by the Board of Trustees. Such application fees are intended to defray the administrative expenses of processing applications
attributable to the use of Town employee time and Town facilities. No part of an application fee shall be refunded on account of any denial, partial
processing or withdrawal of part or all of the application.
(3) Processing fees. In addition to application fees, the applicant shall pay all costs relating to the processing of the application, including the costs
of publication for each publication required. If republication is necessary due only to Town error, the Town will pay the costs of republication. The
applicant shall also pay the costs for mailing notification of the application to adjacent or surrounding property owners, if required. The applicant shall
pay any and all recording fees relating to the application or approval thereof and all inspection fees relating to the application or administration of the
permit or other approval.
(4) Additional costs. The applicant shall pay for any additional costs incurred by the Town for the services of outside professionals, consultants or
other review agencies, other than Town staff, including, without limitation, attorneys, engineers and outside planning consultants, during the review and
consideration of an application. The Town will send invoices to the applicant for expenses incurred as the Town is billed, which shall be paid by the
applicant within the time prescribed in the invoice. Any amounts not paid when due shall accrue interest at the rate of one and one half percent (1.5%)
per month, not to exceed eighteen percent (18%) per annum.
(5) Deposit. The Town may require the applicant to provide a cash deposit, in an amount specified in the fee schedule established by the Board of
Trustees, to secure payment of the anticipated processing fees and additional costs related to the application not covered by the application fee. The
Town may draw upon this deposit to pay such fees and costs and may also suspend further proceedings or reviews related to the application for any
deiinquent account until the applicant pays the amount necessary to reinstate the full amount of the cash deposit. Any delinquent account related to an
application shall be sufficient grounds for denial of the application. Any unused portion of such deposit remaining after completion or termination of the
application and payment of any outstanding invoices shall be refunded to the applicant. No interest will accrue on the deposit.
(6) All outstanding fees, taxes and invoices shall be paid in full prior to final approval of the application or issuance of the applicable permit,
certificate or other approval document. Deposits shall be held for ninety (90) days after approval to cover any outstanding invoices related to the
application.
(7) in the event of nonpayment of fees, costs or other charges owed, the Town shall have the right to file a legal action to collect any balance due to
the Town, plus its costs of collection, including reasonable attorney's fees, against the applicant and/or the owner of the property that is the subject of
the application. The amount of such unpaid fees, costs and other charges owed to the Town shall constitute a lien upon any property that is the subject
of the application, and the Town may certify to the County Treasurer any amount due for collection in the same manner as other property taxes are
collected.
(8) The Town shall reserve the right to revoke or suspend any permit, certificate or other approval issued hereunder if the work or activity
undertaken pursuant thereto is not done in accordance with the approved terms.
En PHELPS
ENGINEERING & DEVELOPMENT SERVICES
WWTP Description
Cornerstone Winter Park Holdings, LLC ("Owner") plans to construct a wastewater treatment plant
("Plant") to be operated by it for commercial purposes to service the unincorporated Byers Peak
Ranch development property. The Plant site consists of 0.939 acres and is proposed to be
subdivided as a separate lot of record. The Plant building is designed to blend in to the
environment with split face block walls and earth tone colors.
The Plant site is approximately 900 feet south of the intersection of Highway 40 and Frasier Valley
Parkway, just on the north side of Elk Creek, Town of Frasier, CO. Facility process design is
centered around an SBR process. Specifically, the process will be designed for BOD and TSS
removal, nitrogen control (nitrification and dentrification), and pathogen control.
The proposed wastewater facility is an activated sludge sequencing batch reactor (SBR) facility,
planned to be constructed over time as needed in three phases. Each phase (phase 1) has a
design peak day flow (Q peak day) capacity a design capacity of 0.33 MGD. It is clarified that the
peak day flow of 0.330 MGD does not define the facility design capacity. Rather, the facility design
capacity is defined as the design average flow at the design average BODS. Nevertheless, the
proposed facility is capable of processing the peak day flow, and appropriate safety factors have
been used for both the hydraulic and activated sludge process design and specifically the aeration
system sizing.
At the headworks, influent will be metered by a parshall flume and screened by an automatic
screen. Screened influent will then flow out of the screenings tank by gravity to the biological
treatment process. The biological treatment process includes anaerobic influent conditioning,
influent equalization, and the sequencing batch reactor process. After biological treatment to
reduce BOD, TSS, and nitrogen, decanted effluent is equalized and disinfected by chlorination.
Disinfected effluent is discharged into adjacent Elk Creek.
TOWN OF FRASER, STATE OF COLORADO
CERTIFICATE OF NOTICE TO MINERAL ESTATE OWNER
The undersigned is the Applicant and/or the Surface Owner, as defined in section 24-65.5-102(7),
C.R.S. of the Surface Estate, as defined section 24-65.5-102(6), C.R.S., for which an application
for development has been submitted to the Town of Fraser, State of Colorado, for one or more of
the following land use actions: Minor Subdivision Final Plat, Major Subdivision Preliminary Plat,
Subdivision Exemption, Planned Development District Plan, or development permit. The name
ofthe application for development is as follows:
Waste Water Treatment Plant
C.R.S.§24-65.5-101 et seq. and C.R.S. §31-23-215 impose certain requirements concerning
notification to owners of severed mineral estates and other interested parties with respect to
proposed surface development. The undersigned has read and fully understands those
requirements.
The undersigned hereby certifies that notice of such application has been provided to all mineral
estate owners, lessees ofmineral estate owners and any (other) surface owners in accordancewith
therequirements ofC. R.S. §24-65.5-103 and/or 31-23-215, asapplicable.
Date
Surface Owner
Owner)
STATEOF COLORADO
Countyof Grand
OR Applicant (if different than Surface
Subscribed and sworn to before me this day of September 2015,
by Clark Lipscomb
Witness my hand and official seal.
(SEAL)
SUSANJ.KOENEKE
NOTARY PUBLIC
"v STATE OF COLORADO
NOTARY ID # 20054006413
MY COMMISSION EXPIRES FEBRUARY 16. 2017
w�-
Sze;
Notary Pub Kc
My commission expires: e- �-q /&/,,--�?G'�
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
AFFIDAVIT OF NOTICE
To be completed after completion of notice distribution and forwarded to Town staff prior to the date of hearing
I, Clark Lipscomb applicant requesting, Development Permit, Byers WWTPhereby affirm that notice
was distributed in accordance with Town of Fraser codes.
Date
fJ
J'
Owne icant
STATE OF COLORADO
County of Grand
iyr7
Subscribed and sworn to before me this day of September 2015 ,
by Clark Lipscomb
Witness my hand and official seal.
(SEAL)
SUSANJ.KOENEKE
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID # 20054006413
MY COMMISSION EXPIRES FEBRUARY 16.2017
Notary Public
My commission expires:
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Union Pacific Corp.
1400 Douglas Street Stop 1640
Omaha, NE 68179—
Illlllli Illllllllliiii III Ii 111111 IIII IIII
9590 9401 0037 5071 1700 13
9. Articles t\liimhesr fTransfar frnm corvi— Inholl
7011 0110 0000 9122 9305
PS Form 3811, April 2015 PSN 7530-02-000-9053
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❑Insured Mail Restricted Delivery
Restricted Delivery
(over $500)
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Total Postage & Fees
$
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Sent To
Pacific Corp.
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Union
Street, Apt. No.;
PO Box No. 1400 Douglas Street Stop 1640
or
City Stale:ZrP+4 Omaha, NE 68179 — i'S'�---------
PS Form:r0 August 2006 See Reverse for Instructions
A. Signature
X ❑ Agent
❑ Addressee
B. Received by (Printed Name) C. Date of Delivery
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
3. Service Type
❑ Priority Mail Express®
❑ Adult Signature
❑ Registered Mail—
El Adult Signature Restricted Delivery
❑ Registered Mail Restricted
❑ Certified Mail®
Delivery
❑ Certified Mail Restricted Delivery
❑ Return Receipt for
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MEMO TO:
Mayor Smith and the board of Trustees
FROM:
Jeffrey L. Durbin, ICMA-CM, Town Manager
DATE:
September 11, 2015
SUBJECT:
Byers Wastewater Treatment Facility
Consideration of an application for a Use by Special Review (Byers Wastewater Treatment
Facility).
ACTION RECOMMENDED:
Motion to approve Resolution 2015-09-05
EXECUTIVE SUMMARY:
Cornerstone Winter Park Holdings, LLC has requested consideration of a Use by Special
Review and Development Permit for a new wastewater treatment facility. This facility would be
located generally behind the Fraser Valley Center along the east side of CR72. The facility is
proposed to provide service to the property known as Byers Peak Ranch and would discharge
into Elk Creek.
BACKGROUND:
Byers Peak Ranch was developed for ranching purposes in the late 1880's. It has been an
active property ever since. During the mid 1980's the Town of Fraser was considering
annexation of the property, these discussions ultimately led to the public road we now know as
the Fraser Valley Parkway (CR721). However, economic conditions led to changes in
ownership. Over the intervening years, property owners continued to express interest in
annexation to the town.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 1
The red triangle is the approximate location of the proposed Byers Wastewater Treatment
Facility. The green line outlines Byers Peak Ranch, the proposed service area for the
wastewater treatment facility.
In 2013, the Fraser Town Board approved an annexation agreement for the property known as
Byers Peak Ranch. Under the terms of the agreement the 300 acre property would have been
zoned for mixed uses with up to 1,897 single family equivalencies (SFEs). The agreement
included a variety of other terms and conditions. The decision was controversial for a variety of
reasons, and ultimately a citizen referendum led to the placement of two questions on the
November 2013 ballot. The questions asked voters to decide if Ordinances 407 (annexing the
property) and 409 (zoning the property) should be overturned. Voters approved both measures
which effectively vetoed the annexation of the property.
While the Town Board expressed interest in renegotiating another annexation agreement, the
property owner proposed consideration of an out-of-town water and sewer service agreement.
In March of 2014, the Town Board approved such an agreement to provide water and sewer
service to the unincorporated property. However, the terms of the agreement were deemed
unacceptable by the owner and the agreement was not executed.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 2
While there have been some recent discussions regarding providing wastewater treatment only
via the Upper Fraser Valley Wastewater Treatment Plant, the property owner is currently
pursuing development of the property in unincorporated Grand County. Byers Peak Properties
is currently pursuing a new water system via Colorado Water Court Case Number 14CW3O97.
Wastewater treatment is proposed to be provided via the Byers Wastewater Treatment Facility.
While we anticipate that a new water and sanitation district of some sort would be established
for operations, it is unclear at this time which public/private entity would operate facility. The
applicant is Cornerstone Winter Park Holdings, LLC.
USE BY SPECIAL REVIEW
Mechanical Wastewater Treatment Facilities are only permitted in the Business District upon
special review and approval of a Use by Special Review as provided by Chapter 16, Article 4 of
the Fraser Municipal Code. The Planning Commission and Town Board must make findings
regarding compliance with the provisions of these regulations.
A hearing has been scheduled for the June 24, 2015 Planning Commission meeting. At this
time, the Commission will be provided information from staff and the applicant. Additionally, the
Commission will hear public comment. This is a Quasi -Judicial process, therefore only
information and matters presented to the Planning Commission and Town Board during public
hearing may be considered in making their findings. The Planning Commission may continue
the hearing, or request an executive session to request legal advice from the Town Attorney, but
must make a recommendation to the Town Board within 30 days after completion of the
hearing.
The Planning Commission recommendation is forwarded to the Town Board for consideration.
The Board will conduct a Public Hearing (after provision of proper notice), after which the Town
Board must make findings and a decision within 30 days.
Following is Criteria from Fraser Municipal Code, staff comments are included in red. "Pending
PC review" references a matter that requires Planning Commission consideration and approval.
The Planning Commission considered these factors and did not approve any of the matters
requiring their approval as noted below.
See. 16-4-450. - Criteria for review.
The Town staff, Planning Commission and Board of Trustees shall consider the following
criteria when evaluating an application for a use permitted by special review permit:
(1) Whether the proposed use complies with all requirements imposed by this Code and all
other ordinances and regulations of the Town.
(2) Whether the proposed use is in conformance with the Town's Comprehensive Plan.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 3
(3) Whether the proposed use is compatible with adjacent uses. Such compatibility may be
expressed in appearance, architectural scale and features, site design and the control of any
adverse impacts, including noise, dust, odor, lighting, traffic, safety and impact on property
values of the surrounding area.
(4) Apparent community need for the use.
(5) Suitability of location for the use.
(6) Whether the proposed use is in compliance with the other requirements of this Article.
Sec. 164460. - Site guidelines.
The following site guidelines must be satisfied in connection with the approval, construction
and continued operation of mechanical wastewater treatment plants as a use permitted by
special review under these regulations:
(1) Maximum building footprint. For administrative, electrical, blower room, sludge
processing and headwork uses: seven thousand five hundred (7,500) square feet total; for
associated wastewater treatment facility, including but not limited to settling tanks,
aeration tanks and pump stations: two thousand (2,000) square feet per one hundred
thousand (100,000) gallons treatment capacity. To the greatest extent possible, consistent
with sound engineering principles, the building footprint shall be minimized. OK
(2) Parking. All on-site parking lots shall be paved. Parking lots shall be screened from
public view by the use of hedges, earth berms or other appropriate landscaping features
approved by the Planning Commission and Board of Trustees. OK
(3) Access roads. Access and maintenance roads within the property are not required to be
paved. Access roadways may be surfaced with other materials, as permitted by the Board
of Trustees. A dust -controlling substance shall be applied to all gravel road surfaces in the
summer. At least two (2) applications per summer season are required. OK
(4) Required setback from any watercourse. One hundred fifty (150) feet from any
watercourse to any structure. OK
(5) External storage of materials and equipment. None permitted without an approved
fencing and landscaping screening plan approved as part of the permit application. Pending
PC review
(6) Fencing. All fencing shall be approved by the Planning Commission and Board of
Trustees, as part of the permit application. Pending PC review
(7) Refuse and service areas. All trash areas shall be easily accessible by trash collection
vehicles and screened from public view by either landscaping or a fence that is
architecturally compatible with the development. Unsightly mechanical and electrical
equipment and all service areas shall also be screened from public view.
Dumpsters at wastewater treatment facilities are particularly attractive to wildlife.
Accordingly, the facility should include provisions to ensure compliance with the
provisions of the Wildlife Protection Ordinance.
(8) Open space. Not less than sixty-six percent (66%) and not more than seventy-five
percent (75%) of the total site area per single mechanical wastewater treatment plant shall
be designated as open space. Town staff and the Planning Commission shall recommend,
and the Board of Trustees shall determine, the appropriate portion of the site to be
designated as open space. Such reservation shall be of lands not suitable or necessary for
mechanical wastewater treatment plant purposes and shall not exceed eighteen (18) acres
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 4
per plant site. The Board of Trustees hereby finds and declares that such open space
designation is required for adequate protection of the public health, safety and welfare by
ensuring proper separation between mechanical wastewater treatment plants and other
uses. The following additional regulations shall apply:
a. Designated open space, as used herein, shall mean open space as defined by
Section 16-140 of this Chapter, lands dedicated and conveyed to the Town as
public open space, or a combination thereof. If retained by the applicant,
designated open space shall be subject to deed restrictions preserving its open
space status (which deed restrictions may be modified only pursuant to an
agreement between the Town and the applicant) or, alternatively, may be
dedicated and conveyed to the Town as publicly owned open space.
Applicant proposes inclusion of notes on the site plans and indicates that such
plans would be recorded against the property. As provided by the Town Code, "if
retained by the application, designated open space shall be subject to deed
restrictions preserving its open space status." The purpose for such a requirement
is to ensure the effect of the restriction. A note on a development permit is easy to
overlook during a title review. This restriction should be provided via separate
covenant imposing the open space restriction on the property including
enforcement provisions.
b. Within the range established herein, the exact acreage and location thereof to be
designated for open space purposes and that to be reserved for mechanical
wastewater treatment plant purposes, shall be jointly determined by the Town and
the applicant, and shall take into consideration the technological and engineering
requirements to construct a plant that will serve the applicant's wastewater
treatment requirements at build -out (including, without limitation, soil testing and
setback requirements from any watercourse), reasonably foreseeable regulatory
requirements imposed by federal, state or local governments, a buffer area
between the plant facilities and the areas of public access, and an amount of land
that represents a reasonable contingency for unforeseen circumstances.
c. The applicant shall not use any part of its property located within the boundaries
of the Business District within the Town for any purpose other than for
mechanical wastewater treatment plant purposes, except as authorized by the
Town pursuant to an application submitted under applicable portions of this Code.
d. The obligation to designate land for open space purposes shall arise on the date
that an application hereunder has received final approval by the Board of Trustees
and has become effective by operation of law. It is the intent that, if land formerly
used as wastewater lagoons is to be designated as open space, such land must be
reclaimed and converted to wetlands or a Recreational Class 2 facility (a pond)
pursuant to the classification of the Colorado Department of Public Health and
Environment. Such ponds may be dedicated as public open space but may be used
by the applicant in whole or in part for water augmentation purposes.
e. The applicant shall complete reclamation of ponds formerly used as wastewater
lagoons within four (4) years of the date they are taken out of service in
connection with the start-up of the new mechanical wastewater treatment plant.
Progress of reclamation of ponds shall be reported annually to the Board of
Trustees.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frase rcolorado.corn
PAGE 5
f. Notwithstanding any other provisions of this Paragraph, during the period of the
applicant's ownership, there shall be no public access to property owned by the
applicant (including both property to be designated by the applicant for open
space purposes and property retained by the applicant for mechanical wastewater
treatment purposes).
Sec. 16-4-470. - Design guidelines.
The following design guidelines must be satisfied in connection with the approval,
construction and continued operation of mechanical wastewater treatment plants as a use
permitted by special review under this Division:
(1) Maximum height. Thirty (30) feet above treated sludge conveyor and loading areas;
twenty (20) feet above all other plant components; measured pursuant to the definition of
height of building set forth in Section 16-1-40 of this Chapter. OK
(2) Color. A color palette for all proposed structures and features shall be submitted to and
approved by the Planning Commission and Board of Trustees at the time of permit
application. The color palette shall be designed to permit flexibility to the applicant in
designing the facility, while at the same time rendering the facility as visually unobtrusive
as possible. The same or similar building materials and colors shall be used on main
structures and any accessory structures upon the site. Exterior wall colors should be
compatible with the site and complementary to the materials used, the surrounding
environment and the context of the neighborhood. Pending PC review
(3) Exterior building materials. Exterior materials and architectural forms shall include two
or more materials in addition to roofing and structure materials. The principal materials
used on building facades should be wood (including siding), stone, brick, stucco, pre -cast
concrete with an architectural finish, split -face block or other material or facade acceptable
to the Town. The facades of buildings must be broken up. Long, blank walls and roof lines
must be avoided. All exterior wall materials must be continued down to finished grade,
thereby eliminating unfinished foundation walls. The back of a building must have the
same overall design as the front of a building. Exterior materials shall be approved by the
Planning Commission and Board of Trustees. Pending PC review
(4) Prohibited external building materials: metal.
(5) Roofs. Flat roofs are prohibited. All roofs must have a pitch of not less than two and
one-half (2'h) inches to twelve (12) inches. OK
(6) Noise and odor.
a. It is the intent of the Board of Trustees to regulate activities contributing or
potentially contributing to the degradation of usage of property and of air quality
within the Town limits in order to preserve public health, safety and welfare.
Accordingly, no noise or odor shall emanate beyond the portion of the property
used for wastewater treatment which interferes with the reasonable and
comfortable use and enjoyment of property.
b. The applicant shall submit, as part of its application, a plan for controlling and
containing noise and odor on the site, and for measuring compliance with that
plan. The plan, if and when approved by the Board of Trustees, shall become a
permit condition and a condition of permit approval. Pending PC review
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 6
c. Determination of a violation. A violation of either the noise or odor
requirements of this Paragraph shall be determined only in the event that the Town
has received complaints from a resident, a visitor or Town staff. The Town or its
designated representative shall investigate the complaint and make a
determination of whether the standards set forth herein have been violated. If a
violation is found, the permit holder, at the Town's direction, shall forthwith take
action to remedy or remove the condition causing the violation. The permit holder
shall have fifteen (15) days, or such other period of time as may be determined by
the Town, in which to cure the violation in a manner acceptable to the Town.
Failure to so cure the violation may result in assessment, in the sole discretion of
the Town, of reasonable civil fines and penalties or the filing of a complaint in
Municipal Court.
(7) Storage and removal of treated sludge. No treated sludge shall be stored on-site except
in the plant's primary structure. The removal of treated sludge shall occur at times mutually
agreed upon by the applicant, the Planning Commission and the Board of Trustees. See
JRS Memo
(8) Wastewater treatment facility. All components of the wastewater treatment facility,
with the exception of the treatment basins, shall be enclosed within a permanent structure.
Treatment basins may be uncovered, covered by a permanent structure or beneath a
suitable floating cover, the design and color of which shall be permitted as a part of the use
permitted by special review permit. See JRS Memo
Sec. 164-480. - Landscape requirements for uses permitted by special review.
(a) Landscaping plan. The landscape plan shall include, as a minimum, the following:
(1) North -indicating arrow.
(2) Property lines.
(3) Locations of the existing and proposed structures on the site.
(4) Locations of all existing and proposed hard surface areas.
(5) Table listing of botanical names, the common names and the planting sizes and
quantities of all plantings.
(6) Identify which existing trees will remain and which trees will be removed.
(7) Location and description of landscaping improvements, such as earth berms,
walls, fences, screens, lights, groundcover, planter boxes, water elements and
other natural materials.
(8) Irrigation plans.
(9) A statement providing that the owner and his or her heirs, successors and
assigns will provide adequate maintenance for all site elements.
(10) Minimum size for all deciduous trees shall be two (2) inches in caliper.
Minimum size for evergreen trees shall be six (6) feet in height.
(11) Minimum size for all shrubs shall be five (5) gallons and at least one and one-
half (1 %2) feet tall.
(b) Landscaping requirements.
(1) Landscaping required: fifteen percent (15%) of lot area.
(2) Tree requirement: seventy-five percent (75%) of landscaping area.
(3) Shrub requirement: twenty-five percent (25%) of landscaping area.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 7
As part of review and approval of a use permitted by special review, the Planning
Commission may recommend and the Board of Trustees may approve, in its sole
discretion, a landscaping plan which provides for landscaping in amounts, location
and composition different from the requirement set forth in this Section if, in the
opinion of the Planning Commission and the Board of Trustees, such alternate
landscaping plan meets or exceeds the goals sought to be attained by the numeric
landscaping requirements of this Section, by obscuring, to the full extent possible,
the facility or facilities permitted by special review. Pending PC review
(c) Landscaping maintenance.
(1) Landscaping maintenance shall include irrigation, fertilization, pruning and
weed control. Nonliving elements in landscaping also need maintenance to avoid
being in violation of this Article.
(2) Prior to issuance of a certificate of occupancy, the applicant shall also submit a
guaranty or performance bond, in a form acceptable to the Town, of twenty-five
percent (25%) of the estimated cost of the plant material provided as part of the
landscaping requirement. This amount shall be retained by the Town until the
plant materials have been maintained in a satisfactory condition for two (2) years
after installation. The Town may during that time draw upon the twenty -five -
percent guaranty to replace plant materials which have died. The remainder of the
guaranty, if any, shall be returned to the owner of record upon the expiration of
the two-year period.
DEVELOPMENT PERMIT
All new developments in the Business District require a Development Permit in accordance with
the Fraser Municipal Code. However, as provided by Section 16-4-420 approval of a Use by
Special Review also constitutes approval of a Development Permit. Accordingly, consideration
of the application for a Use by Special Review must also consider the criteria applicable to a
Development Permit.
Sec. 16-4-420. - Relationship to Business District regulations.
The requirements of Sections 16-4-430 through 16-4-450 generally govern the procedure for
application for uses permitted by special review within the Business District. All uses by
special review in the Business District shall be considered "major proposals." Issuance of a
permit for a mechanical wastewater treatment facility under these regulations, and in
compliance with all other applicable regulations of the Business District, shall constitute a
development permit under the Business District regulations.
The applicable review criteria as provided by the Fraser Municipal Code follows, staff comments
are included in red. "Pending PC review" references a matter that requires Planning
Commission consideration and approval.
The Planning Commission considered these factors and did not approve any of the matters
requiring their approval as noted below.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 8
• Sec. 164-210. - Utility and construction standards.
(a) All developments shall comply with the Minimum Design Criteria and Construction Standards
("Standards") as adopted by the Town. Refer to Chapter 14 of this Code.
(b) Water. All developments shall be served by adequately sized and constructed water
systems. Not Provided. Wastewater treatment operations require water supply, applicant has
indicated water service will be provided under the terms of the Meters Water Agreement. This
should be clarified by the applicant.
(c) Sewer. All developments shall be served by adequately sized and constructed sewer
systems. NA
(d) Underground utilities. All utility lines, on-site and off-site, shall be placed underground.
Transformers or connection boxes may be located above ground and screened with planting
material. See JRS Memo
• Sec. 164-220. - Circulation.
(a) Vehicular circulation. The type, arrangement, location and size of all roadways shall be in
compliance with the Standards. Where new developments abut a right-of-way that does not meet
the existing Standards, it shall be the responsibility of the developer to improve the public right-
of-way in compliance with the Standards, including but not limited to the dedication of additional
rights-of-way and easements, paving of streets, installation of curbs, gutters, drainage, lighting,
signage, sidewalks, pedestrian pathways and bicycle pathways. When a change of use is proposed
contiguous to an existing street, street improvements may be required at the discretion of the
Town staff or Planning Commission. Pending PC review
(b) Ingress and egress. Access into commercial projects shall be limited in order to reduce
conflicts between pedestrians and automobiles. The provision of two (2) vehicular
access/egress points may be required at the discretion of the Town staff or Planning
Commission. Access onto the state highway is controlled and permitted by the Colorado
Department of Transportation (CDOT). Pending PC review
(c) Pedestrian and bicycle circulation. Development and installation of pedestrian and bicycle
pathways are required. This will include the provision of sidewalks and pedestrian or bicycle
trails adjacent to the site necessary to tie into existing and proposed trail systems. Pedestrian
and bicycle pathways shall be in compliance with the Standards. Pending PC review
• Sec. 164-230. - Drainage.
It shall be the responsibility of the applicant to provide drainage improvements. The applicant
shall provide engineered data sufficient to indicate that the drainage from the proposed
development will not adversely affect any downstream properties or the community as a whole,
and shall design and install all drainage improvements in compliance with the Standards. See
JRS Memo
• Sec. 164-240. - Water quality.
The applicant shall show evidence and plans to ensure that the proposed development will not
result in the degradation of any watercourse. This condition shall apply to both the proposed
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 9
construction activities and the ultimate use of the land. Items such as percolation pits, settling
ponds, infiltration galleries, sand traps, grassed waterways and the maintenance of these items
shall be addressed and resolved prior to issuance of a building permit. Direct discharge into any
watercourse is prohibited. See JRS Memo
• Sec. 16-4-250. - Stream setbacks.
A minimum thirty -foot -wide strip of land measured horizontally from the mean identifiable high
water mark on each side of a watercourse shall be preserved for use as open space, landscaping,
etc. A greater setback of up to a total of one hundred fifty (150) feet may be required at the
discretion of the Planning Commission. Pending PC review
• Sec. 164-260. - Erosion control.
Erosion control plans are required for all developments. All drainage from the site during
construction must go through an erosion control device. See JRS Memo
• Sec. 164-270. - Floodplains.
For any developments located within the one -hundred -year floodplain, a plan of on-site flood
prevention, control and hazard mitigation shall be prepared and implemented according to the
provisions of the Town.
The proposed development is not located within the regulatory 100 year floodplain.
• Sec. 164-280. - Geological hazards.
Developments proposed for suspected geological hazard areas should be designed or reviewed by
a qualified professional geologist, and all negative impacts should be mitigated. OK
• Sec. 164-290. - Height of structures.
It is the policy of the Town that no buildings within the Business District shall exceed forty-five
(45) feet in height. OK
• Sec. 16-4-300. - Placement of structures.
All residential structures shall have a minimum front yard of twenty (20) feet, a minimum side
yard of seven (7) feet and a minimum rear yard of ten (10) feet. OK
• Sec. 16-4-310. - Parking.
(a) Number of spaces. The number of parking spaces shall generally be provided as required by
Section 16-8-50 of this Chapter.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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(1) The Planning Commission may reduce the number of required spaces by up to twenty
percent (20%) when parking is provided in common for more than one (1) business. The
utilization of joint parking facilities to minimize the proliferation of parking areas is
encouraged.
(2) The Planning Commission may allow for on -street parking in the older sections of the
Business District (herein defined as the entire Business District adjacent to the US 40
Corridor from County Road 8 to County Road 804) in an effort to encourage infill and
redevelopment opportunities. A detailed parking plan shall accompany the development
permit application, and the parking shall be allocated and located in proportion and in
relation to the proposed land use. The Town may consider such proposals on a case-by-
case basis.
(b) Size. For parking lots with less than ten (10) parking spaces, the parking spaces shall be ten
(10) feet by twenty (20) feet, except for handicapped spaces which shall be fourteen (14) feet
by twenty (20) feet. For parking lots with ten (10) or more parking spaces, eighty percent
(80%) of the required spaces shall be ten (10) feet by twenty (20) feet, while the remainder of
the spaces may be reduced to nine (9) feet by eighteen (18) feet. Proposed plans indicate four
parking spaces at nine (9) by eighteen (18) feet. No handicap spaces are provided. This does
not comply with the above requirements.
(c) Drive lanes. All entrance and parking lot drive lanes shall be a minimum of twenty-four
(24) feet wide allowing for two-way traffic. Where angle parking and/or one-way drive lanes
are proposed, the Town may consider such proposals on a case-by-case basis. It is not clear
how the proposed access road relates to the roadway plans for Elk Creek Neighborhood.
(d) All parking lots and commercial storage and service areas shall be screened from adjacent
residential property by the use of landscaping, berming, fences or a combination of landscaping
and other structural features approved by the Planning Commission.
(e) Parking lot perimeter landscaping shall be required for parking lots with ten (10) or more
parking spaces to minimize the visual impact of large paved surfaces. Pedestrian access to
sidewalks and buildings should be considered in the design of the landscaped areas and islands.
Parking areas adjoining a street shall provide a landscape buffer between the street right-of-
way and parking area. Screening materials may include a combination of plant materials (trees,
shrubs and ground cover), earth berms, walls or fences, raised planters or other screening
devices which meet the intent of this requirement. Parking lot perimeter landscaping plant
materials shall include one (1) tree and two (2) shrubs for every twenty (20) feet of parking lot
frontage. Trees and shrubs need not be planted in a linear, spaced manner, but may be grouped
together where appropriate. NA
(f) Parking lot interior landscaping shall be required for parking lots with twenty (20) or more
parking spaces to minimize the visual impact of large paved surfaces. The intent of the
landscaped islands is to provide a measure of aesthetics to the parking areas without seriously
inhibiting snow plowing and storage. One (1) tree and two (2) shrubs shall be provided for
every ten (10) parking spaces or fraction thereof. OK
(g) Paving. All parking areas and driveways shall be paved with either asphalt, concrete or
other acceptable hard surface material meeting the Standards. OK
• Sec. 16-4-320. - Exterior lighting.
(a) General. The purpose of exterior lighting is to allow for outdoor illumination levels which
are appropriate for the visual task, safety and security while minimizing the undesirable effects
of excessive illumination such as glare, sky glow and light pollution. Exterior lighting shall be
minimized and shall be directed to subtly illuminate functional areas only, including all
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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pedestrian access routes and parking areas. Exterior lighting shall be designed, located, placed
and shielded to be architecturally and aesthetically in keeping with buildings and surroundings,
shall create minimum light pollution and shall not directly illuminate adjoining property. In
addition, a desirable byproduct of these regulations is the increased use of energy efficient
sources. If the Town deems necessary, a lighting or illumination engineer shall review the
proposed type of lighting. All costs associated with such review shall be paid by the applicant.
(b) Specifications. Refer to Chapter 14 of this Code for exterior lighting standards. No detail
provided. Bestall memo references an Exhibit A that has not been provided.
• Sec. 164-330. - Landscaping requirements and natural features.
(a) General. Because landscaping enhances aesthetic appeal and protects the area's unique
natural beauty and environment, it is hereby declared to be a benefit to the general public. As
such, landscaping shall be subject to regulation and ensured by a performance guarantee.
(b) Preserve existing trees, shrubs and natural features. All developments shall be responsive to
site and natural conditions and minimize disturbance to land and existing vegetation. The
landscaping plan shall demonstrate that a reasonable effort has been made to preserve existing
healthy trees, shrubs and topsoil. Watercourses, historic sites and similar irreplaceable assets
shall also be preserved in the design of the subdivision.
(c) Appropriate plant materials. Native and drought -tolerant plant species and seed mixes
containing grasses and wildflowers are strongly encouraged, and noxious weeds and plants are
prohibited, per the Colorado Noxious Weed Act (Section 35-5.5-101, et seq., C.R.S.). The
utilization of the principals of Xeriscape landscaping is encouraged in order to conserve water
resources. Bluegrass and other grasses requiring high consumption of water are discouraged.
Ornamental nonliving materials, such as decorative rock, wood chips, mulch, brick and paving
stones, shall be permitted to be incorporated into a landscaping plan. Landscaping designs
should generally use a three-tier concept utilizing hardy, low -growing ground covers, medium -
height shrubs and trees. The recommended plant list for the Town is available upon request.
The Town Gardener shall review all landscaping plans.
(d) Revegetation of disturbed land. All areas disturbed by grading or construction, not being
formally landscaped, shall be mulched and revegetated with seeding mulch (straw -crimped in
place or hydromulch, etc.).
(e) Guarantee. Performance guarantees shall include the success of all landscaping
improvements and revegetation for two (2) growing seasons after installation. Landscaping that
dies within the two-year period shall be replaced and shall be required to live for at least two
(2) years from the time it is replanted.
(f) Obstruction of signs and fire hydrants. Vegetation shall be placed so as not to block sight
distances from driveways, corners and intersecting streets. Fire hydrants shall not be obstructed
by landscaping.
(g) Wildfire defensible space. Creating a defensible space around a home and on property is an
important step to take in order to protect your home and property from wildfire. Defensible
space is an area around a structure where fuels and vegetation are treated, cleared or reduced to
slow the spread of wildfire towards the structure. It also creates an area where fire suppression
operations can occur.
(h) Landscaping Plan. Refer to Chapter 14 of this Code for landscaping plan standards.
Pending PC review
• Sec. 16-4-340. - Snow management.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 12
(a) Snow management is critical in the Town's mountain climate. Roofs should be designed to
either hold snow or shed snow in appropriate areas. Buildings must be set back from the
property line to accommodate snow shedding, or a snow storage easement from the adjacent
property owner must be provided. Use of snow guards and protected entries in high risk areas
may be required.
(b) Adequate space shall be provided within the development for the storage of snow. It is
required that a functional snow storage area be provided which is equal to at least thirty-three
percent (33%) of the area to be cleared of snow. Specific areas to be cleared shall include the
full dimensions of roadways, walkways and parking areas.
(c) Snow storage areas shall be designed so that snow is not stored in a manner where, when
melting, it directly discharges into any watercourses, streets, pedestrian pathways and/or
bicycle pathways. Silt catch and/or detention basins may be required at the discretion of the
Town staff.
Pending PC review
• Sec. 164-350. - Trash, service and storage areas.
All trash areas shall be easily accessible by trash collection vehicles and screened from public
view by either landscaping or a fence that is architecturally compatible with the development.
Unsightly mechanical and electrical equipment and all service and storage areas shall be screened
from public view. Pending PC review
• Sec. 164-360. - Site design.
The Town fords that it is in the public interest for all development sites to be designed and
developed in a safe, efficient and aesthetically pleasing manner. The arrangement of all functions,
uses and improvements should reflect the natural characteristics and limitations of the site and
adjacent property. Specific site design elements that should be considered include:
(1) Building orientation. Buildings should take advantage of a south -facing orientation for
solar heat gain to the greatest extent possible. Buildings should be oriented parallel to the
primary street front. A skewed building orientation should be avoided.
(2) Pedestrian orientation and amenities.
(3) Natural features. It is necessary to preserve as much of the existing natural features and
vegetation on the site as possible. The proposed development shall minimize the visual
destruction of natural land forms caused by cutting, filling, grading or vegetation removal.
Pending PC review
• Sec. 164-370. - Design guidelines.
It is the policy of the Town to encourage building designs and materials to be architecturally
compatible with the historic, natural and mountain environment of the Town. To accomplish this
goal, new development should meet a majority of the following design guidelines:
(1) Building elements and materials.
a. Building facades should incorporate a variety of materials.
Town of Fraser
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b. Porches with wooden posts, columns or functional awnings should be incorporated
into the building design. All porches and awnings should have an eight -foot minimum
clearance.
c. Building materials shall be compatible and in harmony with the natural setting of
the Town. The use of natural stone masonry, exposed wood structural beams, logs,
heavy timbers, stucco and masonry are all acceptable materials. The use of stone or
masonry as a foundation up to a height of at least thirty-six (36) inches is encouraged.
d. The back of a building must have the same overall design as the front of a building.
(2) Mass. The mass of the building should be compatible to adjacent buildings. Long,
uninterrupted exterior walls and/or roof lines should be avoided to break up the mass of the
building.
(3) Roof elements and design. Where pitched roofs are used, they shall be designed in a
manner that provides variation in roof lines to break up large expanses of roof and to add
architectural interest to the roof.
(4) Colors. Color schemes for both the building and roof should be compatible and found
in the natural landscape, such as earth -toned solids (browns, greens, greys, etc.), bedrock
and woodland vegetative growth. High-contrast, bright colors may be approved at the
discretion of the Planning Commission.
(5) Windows. Display windows on the first floor should face the primary street frontage
and provide visual interest.
Pending PC review
• Sec. 16-4-380. - Energy conservation.
The implementation and operation of systems or devices which provide an effective means of
renewable energy are encouraged.
• Sec. 16-4-390. - Resident housing.
It is the policy of the Town to encourage the construction of resident housing. The creation of
resident housing is critical to the health, safety and welfare of the community. In commercial or
office projects, it is encouraged that resident housing be provided on the second floor.
MEYER SUBDIVISION IMPROVEMENT AGREEMENT
The property proposed for the treatment plant is within the Meyer Subdivision approved in 2005
and is subject to the terms of the May 26, 2005 Subdivision Improvement Agreement executed
between the Town and Cornerstone Winter Park Holdings LLC with respect to that subdivision.
The Meyer Subdivision was a resubdivision of previously platted property and was generally
intended to extinguish prior restrictions and undertakings relating to the property and defer new
improvements and undertakings until such time as the property was developed. Among other
things, the Subdivision Improvement Agreement provides:
1. The Town may require additional street rights-of-way and access and utility easements
in connection with further subdivision or issuance of a development permit for either of
the Lots included on the Meyer Subdivision plat.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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2. The Town reserved the right to review future development plans for the property,
whether in terms of a further subdivision application or an application for a development
permit or building permit. As part of such review, the Town may require and condition
approval of the development upon the following:
(a) The Town may require additional dedications of streets and easements as
necessary to serve the proposed development and/or to connect with other existing
or planned streets;
(b) The required easements are to include a public pedestrian access to and along Elk
Creek;
(c) The Town may require that CR 72 be widened and/or realigned to accommodate the
alignment of the Fraser Valley Parkway.
(d) The Town may require compliance with other requirements of the subdivision
regulations, including minimum open space, stream setbacks, trails, sidewalks and
drainage facilities;
(e) The Town may require the owners of the first Development Parcel to be developed
to be responsible for and pay the costs of designing and constructing CR 72 as a
40 -foot paved driving surface, from the end of the existing pavement at the
intersection with John's Drive to the separated grade railroad crossing near the
south boundary of the Subdivision.
3. The Agreement states that the Town will provide water service for the property, but only
on the same basis as other Town customers and upon payment of applicable tap and
service fees.
4. There is nothing in the Meyer Subdivision Improvement Agreement relating to
wastewater service, as it pre -dated the dissolution of the Fraser Sanitation District.
Further, we are not aware of any existing agreement relating to wastewater service to
the property, or any agreement granting easements or rights-of-way for the proposed
crossing of CR 72 with the wastewater main to the proposed plant, as alluded to in prior
correspondence from the applicant.
Items 2(b), 2(c), and 2(e) above are not provided for within the proposed development plans.
UPPER FRASER VALLEY WASTEWATER TREATMENT AGREEMENT
This Agreement, sometimes also referred to as the Joint Facilities Agreement, was entered into
in 2001 by the Fraser, Winter Park Ranch and Grand #1 sewer districts to provide for the
construction and operation of the consolidated sewer treatment plant and related facilities. The
Town stepped into the shoes of Fraser Sanitation District under the Agreement upon dissolution
of the District.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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The Agreement includes a provision, in Section 9.2, which states "No District shall allow a
competing private system to be constructed within its corporate limits." Cornerstone's proposed
treatment plant arguably constitutes such a "competing private system"
WATER SUPPLY PROTECTION DISTRICT
Initially, concerns were expressed that Chapter 13, Article 3 of the Fraser Municipal Code
(Water Supply Protection District), which provides for the protection of our public water supply
would apply. These regulations define the construction of a sewage disposal system as
Pollution Hazard Activity which is regulated by these provisions. However, the definition of a
Sewage Disposal System specifically excludes mechanical wastewater treatment plants noting
that they are instead governed by Chapter 16 Article 4 of the Code (as referenced above).
USACE 404 PERMITTING REQUIREMENTS
Given recent comment during public hearings for Elk Creek Neighborhood, which is also located
along Elk Creek, we anticipate concerns regarding the potential impact to wetlands in the
riparian corridor. However, the Town of Fraser does not have jurisdiction for enforcement of
Section 404 of the Federal Clean Water Act. The US Army Corps of Engineers regulates any
applicable permitting requirements.
COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (CDPHE)
WATER QUALITY CONTROL COMMISSION DISCHARGE PERMIT REGULATIONS
In addition to approval of the Use by Special Review, the facility will require approval from
CDPHE in accordance with the regulations provided below. At this time, an application has not
yet been submitted to CDPHE.
As provided by the Colorado Department of Public Health and Environment (CDPHE) Water
Quality Control Commission Site Location and Design Approval Regulations for Domestic
Wastewater Treatment Works (5 CCR 1002-22), prior to submitting an application to the
Division, the application must be submitted to the local authorities and the 208 planning agency
for review and comment in accordance with Section 22.4(2). These application procedures
apply to proposals to construct new treatment facilities that will produce reclaimed domestic
wastewater if those facilities are to be constructed at a site location that has not been previously
approved by the Division.
Section 22.4(2) provides that the applicant shall be responsible for submitting the application
and engineering report described in section 22.4(1)(b) for the proposed new domestic
wastewater treatment works to all appropriate local governments (whether within of the town or
within three miles of its boundaries), 208 planning agencies and State agencies for review and
comment prior to submission to the Division.
Section 22.4(1)(b) the submittals that must accompany an application as follows.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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(b) Accompanying the application shall be an adequate engineering report describing the
proposed new domestic wastewater treatment works and showing the applicant's
capabilities to manage and operate the facility over the life of the project. The report
shall be considered the culmination of the planning process. A full design report is not
necessary for the application or to obtain approval. Design review procedures are
described in section 22.11. The engineering report submitted with the application shall
address and/or include the following at a minimum:
(i) Service area definition including existing and projected population, site location,
staging or phasing, flow/loading projections, and relationship to other water and
wastewater treatment plants in the area.
(ii) Proposed site location, evaluation of alternative sites, and evaluation of treatment
alternatives. A less detailed evaluation of alternative sites and treatment 8
alternatives may be submitted for domestic wastewater treatment works with a
design capacity less than 50,000 gpd; however, the feasibility of consolidation must
be considered in the report.
(iii) Preliminary Effluent Limitations (PELs) as developed in coordination with the
Division. The applicant may indicate in the engineering report that effluent limits for
metals, organic parameters, and/or inorganic parameters, other than for total
residual chlorine, will be met through implementation of a pretreatment program or
other legally enforceable means of limiting discharges of these parameters to the
wastewater collection system. The applicant may also provide documentation in
the form of effluent data or an analysis predicting effluent quality to demonstrate
that the limits will be met without specific source controls. Where the applicant
indicates these parameters will be controlled by means other than treatment, after
considering information provided by the applicant, the Division may condition the
approval of the site location application to require a plan for control of the pollutants
to be submitted with the permit application for the facility. Where the Commission
has adopted a temporary modification pursuant to section 31.7(3)(a)(iii) for the
segment to receive the discharge for metals, organic parameters, or inorganic
parameters other than for total residual chlorine, the preliminary effluent limits will
be based on subsection 31.14(15)(b) of the Basic Standards and Methodologies
for Surface Waters (Basic Standards). Where the temporary modification is
adopted pursuant to subsection 31.7(3)(a)(i) of the Basic Standards, the
preliminary effluent limit will be set consistent with the underlying standard. Prior to
submitting the application, the applicant is responsible to ensure that it has
considered any impacts changes to water quality standards may have on the PELs
in their application for site location approval and design for the proposed
wastewater treatment works. Additionally, there are other factors that can impact
the applicability of the PELs, such as changes in stream flows or ambient water
quality. The Division may require that the PELs be re-evaluated when the Division
is processing an application with PELs that, in the Division's judgment, may no
longer be applicable. If it is determined that new PELs must be issued, Division
action on the application will be delayed until new PELs are developed and it is
verified that the proposed treatment process(es) will be able to meet any new PELs
developed in accordance with this subsection.
(iv) Analysis of the loading, capacity and performance of any relevant existing facilities
within the applicant's service area(s).
Town of Fraser
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(v) Analysis of opportunities for consolidation of treatment works in accordance with
the provisions of section 22.3(1)(c), including those recommended in the water
quality management plan, unless the approved water quality management plan
recommends no consolidation.
(vi) Evidence that the proposed site and facility operations will not be adversely
affected by floodplain or other natural hazards. Where such hazards are identified
at the selected site, the report shall describe means of mitigating the hazard.
(vii) Information used to evaluate geotechnical conditions at the proposed and
alternative sites. This may include soil survey data from the Natural Resource 9
Conservation Service (NRCS), available data from the Colorado Geological
Survey, existing available data from on-site or adjacent geotechnical investigations,
and other data and information the applicant deems to be representative of the
expected geotechnical conditions. The preliminary geotechnical information must
be sufficient for that person to make a determination that the site can reasonably
be expected to support the proposed treatment works. Applicant may choose to
submit a formal geotechnical report, including site-specific soil boring information
and meeting the requirements of Section 22.4(1)(b)(viii), in support of the site
application. The engineering report shall address the impact of expected
geotechnical conditions at the proposed and alternative sites on design,
construction, operation, and maintenance of the proposed facilities. During the
design phase, the Division may require that evidence be presented in the form of a
report, containing soils testing results from the site of the proposed treatment
works and design recommendations, prepared by a Professional Geologist, a
Geotechnical Engineer, or by a professional meeting the qualifications of both
Professional Geologist and Geotechnical Engineer, with an appropriate level of
experience investigating geologic hazards, stating that the site will support the
proposed facility. Where the applicant submits a formal geotechnical report with the
site application, then the applicant has satisfied the geotechnical submittal
requirements for the design review stage of the Division's approval process and
resubmittal of the geotechnical report is not required.
(viii) Detailed description of selected alternatives including legal description of the site of
the proposed treatment works, treatment system description, design capacities,
and operational staffing needs.
(ix) Legal arrangements showing control of the site for the project life or showing the
ability of the entity to acquire the site and use it for the project life.
(x) Institutional arrangements such as contract and/or covenant terms which will be
finalized to pay for acceptable waste treatment.
(xi) Management capabilities for controlling the wastewater loadings within the capacity
limitations of the proposed treatment works, i.e., user contracts, operating
agreements, pretreatment requirements and/or the management capabilities to
expand the facilities as needed (subject to the appropriate, future review and
approval procedures).
(xii) Financial system which has been developed to provide for necessary capital and
continued operation, maintenance, and replacement through the life of the project.
This would include, for example, anticipated annual budget and the fee and rate
structure.
(xiii) Implementation plan and schedule including estimated construction time and
estimated start-up date.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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(xiv) Demonstration of the owner's capability to operate and maintain the facility, which
shall include an emergency operations plan. The emergency operations plan shall
outline procedures to minimize the possibility of sanitary sewer overflows and
health hazards to the public and operations personnel. The emergency operations
plan shall include information on, but not be limited to telemetry, backup power
supply identification, portable emergency pumping equipment, emergency
storage/overflow protection, and operator emergency response time.
While the above information would certainly be helpful to the process of evaluating this request
for approval of a Use by Special Review and Development Permit for the facility, to date the
applicants have not submitted an application to the state. At that time, the Colorado
Department of Public Health and Environment (CDPHE) Water Quality Control Commission will
request comments from the Town Board regarding water quality matters as related to the
discharge permit application.
Section 208 of the Federal Clean Water Act requires regional plans for water quality
management. The Northwest Colorado Council of Governments (NWCCOG, of which the Town
of Fraser is an active member, is responsible for coordinating and implementing what is referred
to as the "208 Plan." The 2012 NWCCOG Regional Water Quality Management Plan (Volume I
Policy Plan) established the following policies:
Policy 4. Domestic, Municipal, and Industrial Water and Wastewater Treatment
Facilities
Decisions to locate water supplies, wastewater treatment systems, and other water and
wastewater facilities shall be made in a manner that protects water quality and the aquatic
environment. Where growth and development requires the need for additional facility capacity,
existing facilities should be expanded instead of developing new facilities, unless expansion is
not feasible because of technical, legal or political reasons.
4.4 Consolidating Wastewater Treatment Plants
To avoid proliferation of wastewater treatment plants and operating agencies, consolidation
should be required wherever possible.
NWCCOG will provide comment to CDPHE regarding the discharge permit in accordance with
these policies.
GRAND COUNTY 1041 PERMIT REGULATIONS
Pursuant to provisions established by the State of Colorado, Grand County has designated
extensions of domestic water and sewage treatment systems as activities of State interest and
such activities may not be conducted without a permit from Grand County. These permits are
generally referred to as 1041 Permits.
At this time, Grand County has not confirmed whether a 1041 Permit will be required for the
facility or only for the collection system (because the facility is located within the Town of
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
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PAGE 19
Fraser). The property owner is responsible for addressing any applicable permitting
requirements. Presumably, Grand County would address this along with the Pending PC review
Preliminary Plat Subdivision process. The Town of Fraser has no jurisdiction to enforce these
regulations, but may comment on any applications.
ALTERNATIVES:
Currently, the property owner is pursuing development of the property in accordance with the
subdivision regulations for unincorporated Grand County. While the Town Board has expressed
interest in renewed annexation and/or service discussions, at this time the property owner has
indicated that they are unwilling to entertain such discussions.
RECOMMENDATION:
Planning Commission established its findings and recommendation via resolution (included in
packet).
As referenced by the packet materials for this matter, the application was initially submitted on
September 9, 2014. The application was incomplete at that time. Additional materials were
submitted on March 31, 2015. However, the information was still inadequate to complete staff
review. The materials submitted on May 13, 2015, as noted above, still leave many questions
and concerns unanswered. In particular, staff finds that the applicants have not met the burden
of proof to demonstrate that the proposed Use by Special Review meets the standards and
criteria for such uses as provided by the Town Code. Accordingly, and for the following
reasons, staff would recommend denial:
Given the fact that the CDPHE permitting process has not been initiated, we cannot
confirm permitting requirements that may affect site design. For example, given the size
and seasonal nature of Elk Creek, we anticipate that flow equalization will be required for
the effluent.
2. The submittals do not meet the minimum information necessary to determine
compliance with all of the criteria and standards.
3. The proposal is not consistent with the Use by Special Review Criteria as follows:
a. The proposed use does not comply with all requirements imposed by this Code
and all other ordinances and regulations of the Town.
b. The proposed use is not in conformance with the Town's Comprehensive Plan.
c. The proposed use is not compatible with adjacent uses due to the proposed site
design and inadequate control of adverse impacts, including noise, odor and
impact on property values of the surrounding area.
d. Alternative exist to address the community need for the use, the development is
better served at the Upper Fraser Valley Wastewater Treatment Facility.
e. The location for the use is not suitable.
f. The proposed use is not in compliance with all requirements of this Article.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 20
4. The proposal is not consistent with the requirements of the Meyer Subdivision
Improvement Agreement, in particular it does not provide for pedestrian access to and
along Elk Creek or provisions related to CR72.
No additional information has been received by staff. In accordance with the Planning
Commission recommendation Resolution 2015-09-05 denying the Application for Use by
Special Review is provided for your consideration.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
PAGE 21
September 18, 2014
Clark Lipscomb
Cornerstone Winter Park Holdings, LLC
PO Box 30
Winter Park, CO 80482
SUBJECT: Byers Wastewater Treatment Plant Permit Application
Dear Clark:
I am writing in reference to the Development Permit/Special Review for the Byers
Wastewater Treatment Plant. The application is incomplete and we cannot initiate review of
the application. It appears that the permit application materials were prepared in accordance
with Section 16-4-140(c) of the Fraser Town Code. However, the application does not
provide sufficient information regarding how the following provisions of the code are
proposed to be addressed which is necessary for proper review of the application:
•
Sections 16-4-460 1, 4, and 8
• Sections16-4470 1, 2, 6, and 7
• Sections16-4-480 b
Additionally, insufficient information is provided to confirm compliance with Chapter 13 Article
3 of the Fraser Town Code (Water Supply Protection District). The subject property is
located within Zone 1 of the Water Supply Protection District which prohibits Pollution Hazard
Activities. Information regarding the proposed treatment processes and related chemicals is
necessary for review of the application.
Finally, I am concerned that Section 9.2 of the Joint Facilities Agreement (Competing
Systems) may prevent the Town from approving this matter as currently proposed. This
section provides that "no District shall allow a competing private system to be constructed
within its corporate limits." If the applicant will be a Special District, please provide that
information and amend the application accordingly.
,,Jdifrey L. Durbin
Town Manager
'rown of i:rascr
PO Box 370. Fraser. CO 80442 office 970-726-5491 fax 970-726-5518
N ^v w,frasercolorado.coni
Bestall Collaborative Limited
Planning Environment Construction Management Development
March 31 2015
Jeff Durbin, Manager
Town of Fraser
PO Box 370 Fraser CO. 80442
RE: Byers Peak Ranch Mechanical Wastewater Treatment Facility
Development Permit Application Resubmittal
Dear Jeff:
In response to the Town of Fraser September 18, 2014 comment letter regarding the Byers
Mechanical Wastewater Treatment Facility (WWTF) Development Permit application we request
the application be approved as re -submitted.
The resubmittal is organized as follows:
A. Response to Town of Fraser comments
B. Facility Description
C. Requirements & Review Criteria Conformance
D. Design Guideline Conformance
E. Site Plan Documents - Attachment
A. Response to the September 14, 2014 Town of Fraser Comments
Certain comments in the Town of Fraser letter are not applicable to a mechanical waste water
treatment plan Development Permit.
Town Comment 1: Compliance with the Fraser Town Code - Chapter 13 Article 3 — Water Supply
Protection District. The Subject property is located within Zone 1 of the Water Supply Protection
District which prohibits pollution -hazard activities.
• Response: Article 3 does not apply to mechanical wastewater treatment plants. By
definition, a mechanical wastewater treatment facility is not considered a pollution -hazard
activity; and Article 3 does not apply to mechanical wastewater treatment facilities
pursuant to the Town Code definition:
'Sewage disposal system means a septic tank or other facility designed and constructed
for the purpose of receiving and disposing of sewage, including individual septic disposal
systems, but excluding mechanical wastewater treatment plants, which are governed by
Chapter 16, Article 4. Division 4 of this Code.'
Town Comment 2: Compliance with Section 9.2 of the Joint Facilities Agreement (Competing
Systems) may prevent the Town from approving this matter —'no District shall allow a competing
private system to be constructed within its corporate limits.'
• Response: Section 9.2 of the Joint Facilities Agreement does not apply. The Byers
Waste Water Treatment Plant is not a competing system. The Byers Waste Water
Treatment Facility development application is to provide wastewater treatment services to
an area outside of the Town of Fraser; and therefore, is not a 'competing private system'
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serving any areas within the Town's corporate limits. In addition, at the time of the Joint
Facilities Agreement approval the Fraser Sanitation District was not a part of the Town of
Fraser and did not have zoning authority to determine uses within the Town of Fraser. The
Byers Wastewater Treatment Facility is an allowed use according to the property's zoning
in the Town of Fraser Code.
B. Facility Description
Byers Peak Properties, LLC plans to construct and operate the wastewater treatment facility to
service the unincorporated Byers Peak Ranch property — currently approved for development in
Grand County.
The WWTF location has been adjusted to the southwest corner of the same parcel — Lot 1 Block 2
of the Meyer Subdivision between Elk Creek and CR72 with the facilities located approximately
300 feet south of the John's Drive and CR72 Parkway. Block 1 Lot 2 is zoned Business (B) and a
Mechanical Wastewater Treatment Facility is an allowed use according to the Town Code. The
development permit area totals 1.12 acres with the following allocations:
• Facility Area .27 acres
• Building Area (4,484sf) .11 acres
• Open Space .74 acres
The facility will be screened from public view with landscape materials meeting the standards of
the permit. No structures are within the 150' setback from Elk Creek. A pervious service drive is
provided to access the perimeter of the facility. The building architecture is designed at a
residential scale and will blend in to the site and surrounds — utilizing split face block walls and
earth tone colors — similar to the planned commercial buildings on the remainder of the Meyer
Subdivision parcels.
The Facility has been planned, using a state of the art activated sludge sequencing batch reactor
(SBR) - designed for BOD and TSS removal, nitrogen control (nitrification and dentrification) and
pathogen control to be constructed in phases. Each phase will have a design peak day flow (Q
peak day) capacity; with an ultimate design capacity for a peak day flow of 0.500MGD (the design
average flow of BOD5). The proposed facility is capable of processing a peak day flow with
appropriate safety factors for both the hydraulic and activated sludge process design and aeration
system sizing.
Influent will be metered at the headworks by a parshall flume and screened by an automatic
screen. Screened influent will then flow out of the screenings tank by gravity to the biological
treatment process. The biological treatment process includes anaerobic influent conditioning,
influent equalization and the sequencing batch reactor process. After biological treatment to
reduce BOD, TSS, and nitrogen, decanted effluent is equalized and disinfected by chlorination.
Disinfected effluent meeting CDPE Regulation #62 for Effluent Limitations will be discharged into
adjacent Elk Creek.
C. Requirements & Review Criteria Conformance
Requirement Conformance: The Development Permit Plan application conforms to all
applicable requirements as identified in the Town Code Section 16-4-410: Special review
uses — Mechanical Wastewater Treatment Facilities.
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Review Criteria Conformance: The Development Permit Application satisfies the following
review evaluation criteria as identified in Sec. 16-4-450.
(1) Town Requirements. The MWTF complies with all requirements of the Code and other
ordinances and regulations of the Town.
(2) Comprehensive Plan. The MWTF conforms to the Town's Comprehensive Plan.
(3) Adjacent Use Compatibility.
a. The MWTF is compatible with adjacent uses - open space, vacant land, CR72.
b. The residential scale, architecture, and landscape will blend with its setting.
c. The site design provides .76ac of open space and is beyond the 150' from Elk Creek.
d. Noise, dust, odor will be controlled with enclosed facilities and state of the art systems.
e. Lighting will meet Town of Fraser standards.
f. Minimal traffic generation occurs with this use and safety measures will be followed.
g. The facility should improve property values of the area - allowing for excellent water
quality treatment at a facility buffered from existing and planned uses.
(4) Apparent Community Need. Byers Peak has an approved sketch plan in Grand County
and requires wastewater treatment.
(5) Suitability of Location. The location is downstream, accessible and relates well to the area
it will serve - with an acceptable discharge point into Elk Creek.
(6) Compliance with Other Requirements. The proposed use is in compliance with applicable
requirements of Article 4.
D. Town Code Guideline Conformance
The following indicates summaries how the plan conforms to Sections 16-4-460. Site Guidelines;
16-4-470 Design Guidelines; and Section 16-4-480 Landscape requirements.
Sec. 16-4-460. - Site Guidelines.
(1) Maximum building footprint. CONFORMING
Administrative & equipment: seven thousand five hundred (7,500) sf
wastewater treatment (settling, aeration, pumps: two thousand (2,000) sf per one hundred
thousand (100,000) gallons treatment capacity.
(2) Parking. CONFORMING
On-site parking paved and screened from public view
(3) Access roads. CONFORMING
Unpaved access and maintenance roads may be surfaced with other materials and a
dust -controlling substance applied to all gravel road surfaces.
(4) Required setback from watercourse. CONFORMING
One hundred fifty (150) foot from Elk Creek to structure.
(5) External storage of materials and equipment. CONFORMING
Storage not permitted without fencing and landscape screening
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(6) Fencing. CONFORMING
Fencing shall be approved as part of the permit application.
(7) Refuse and service areas. CONFORMING
Trash areas and service areas easily accessible and screened from public view.
(8) Open space. CONFORMING
Not less than sixty-six percent (66%) and not more than seventy-five percent (75%) of the
total site area shall be designated as open space
Sec. 16-4-470. - Design guidelines.
(1) Maximum height. CONFORMING (25')
Thirty (30) feet above treated sludge conveyor and loading areas; twenty (20) feet above
all other plant components
(2) Color. CONFORMING
The color palette shall be designed to permit flexibility to the applicant in designing the
facility, while at the same time rendering the facility as visually unobtrusive as possible.
The same or similar building materials and colors shall be used on main structures and
any accessory structures upon the site. Exterior wall colors should be compatible with the
site and complementary to the materials used, the surrounding environment and the
context of the neighborhood.
(3) Exterior building materials. CONFORMING
The principal materials used on building facades will be a variety of CMU masonry
split -face block. The buildings are small in scale. All exterior wall materials will be
continued to finished grade. The back of a building will have the same overall design as
the front of a building. .
(4) Prohibited external building materials: metal.
(5) Roofs. CONFORMING
All roofs have a pitch of not less than two and one-half (2'/2) inches to twelve (12) inches.
(6) Noise and odor. CONFORMING
Noise and odor will not emanate beyond the portion of the property used for wastewater
treatment. Noise emanating from equipment will be contained within the structures. SBR
system includes odor control
(7) Storage and removal of treated sludge. CONFORMS
No treated sludge shall be stored on-site except in the plant's primary structure. The
removal of treated sludge shall occur at times mutually agreed upon by the applicant, the
Planning Commission and the Board of Trustees.
(8) Wastewater treatment facility. CONFORMS
All components of the wastewater treatment facility, with the exception of the treatment
basins, shall be enclosed within a permanent structure. Treatment basins may be
uncovered, covered by a permanent structure or beneath a suitable floating cover, the
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design and color of which shall be permitted as a part of the use permitted by special
review permit.
Sec. 16-4-480. — Landscape Requirements
(1) Maintenance. CONFORMING
A statement providing that the owner and his or her heirs, successors and assigns will
provide adequate maintenance for all site elements.
(2) Tree Sizing. CONFORMING
Minimum size for all deciduous trees shall be two (2) inches in caliper. Minimum size for
evergreen trees shall be six (6) feet in height.
(3) Shrub Sizing. CONFORMING
Minimum size for shrubs shall be five (5) gallons and one and one-half (11/2) feet tall.
(b) Landscaping requirements. CONFORMING
(1) Landscaping required: fifteen percent (15%) of lot area.
(2) Tree requirement: seventy-five percent (75%) of landscaping area.
(3) Shrub requirement: twenty-five percent (25%) of landscaping area.
Over eight years, the owner's have made every effort to include the Byers Peak Ranch property
into the Town of Fraser or to utilize existing utility services. The property's annexation was
approved to be overturned by a small margin in a referendum. An agreement for Fraser to provide
out of Town water and sewer services to the property was reached — however, the Town Board
approved revised terms that made the development financially infeasible and the agreement
unacceptable. Most recently, the owner's proposal to become a partner to the JFOC and pay for
unused capacity at the treatment plant was denied by the JFOC.
It is now the intention of Byers Peak Properties to proceed with development by constructing this
WWTF facility to serve the property. We appreciate the Town's prompt review of the application
and provision of a permit to proceed. Any extended review or effort to deny this application by the
Town will be viewed as an overt attempt to delay the development of the property which has legal
entitlement to this use.
Thank you for your assistance.
Sincerely,
Jack Bestall, Principal
Bestall Collaborative Limited
720.810.6480 wack@bestallcollaborative.com PO Box 2223 Evergreen Colorado 80437
5
April 22, 2015
Clark Lipscomb
Cornerstone Winter Park Holdings, LLC
PO Box 30
Winter Park, CO 80482
SUBJECT: Byers Wastewater Treatment Plant Permit Application
Dear Clark:
I'm writing in reference to the Special Review/Development Permit for the Byers
Wastewater Treatment Plant. I appreciate the additional information, and the revisions.
However, the application remains incomplete and we cannot complete review of the
application. Please address/clarify following concerns related to the application:
• The language in the Bestall letter regarding building height is different than the
language on the drawings. Please clarify and amend drawings accordingly.
• Please clarify how conformance to Sec. 16-4-460 (8) a. is ensured. Will the open
space be dedicated to the Town of Fraser? If so, please provide an exemption
plat. If not, please provide proposed deed restrictions as required by the code.
• The site plan references the parking area as gravel, code requires pavement.
• The code requires screening the parking lot from public view. While the plans
reference a screening fence, no details are provided.
• No information and/or details regarding on -sight lighting are provided, will there
be security lighting?
• The Bestall letter notes that treated sludge will be stored within the plants primary
structure, but given the information I have received, no location within the
structure is reserved for that purpose. Please clarify on the drawings.
• The submittal does not adequately detail the headworks, screening tank or
sludge treatment facilities. Each of these, if open to the atmosphere, will be odor
sources of concern. Based on the drawings it appears that the SBR units are
underground; however, they would require venting and can create the same odor
issues.
• It does not appear that there is sufficient space in the building for the sludge
loading facilities. Various tanks are shown in the building and not labeled so their
function is unknown.
• Please clarify what you noted as SBR odor control system. Odor control
provisions are required and this will certainly be an area of a concern.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www. frasercolorado.com
• The architectural sheets suggest the building height is similar to a residential
home with and 8' high garage door. It is unclear how sludge loading and
chemical storage can be achieved inside the building. If it is located outside then
additional detail is needed.
• Sec. 16-4-450 also addresses noise control. It is anticipated that the noise from
the air blowers/compressors will be a concern. Additional information is needed.
• The proposed sanitary sewer influent line is shown within CR 72 right-of-way
requiring an easement or license agreement from the Town of Fraser.
• No water service or fire protection is currently available at the site.
• Storm water detention was not addressed in the submittal.
• Snow storage is proposed adjacent to the 100 -year flood plain requiring
additional measures to maintain water quality.
• Enclosed please find check dated September 9, 2014, written by the Cornerstone
Winter Park Holdings, LLC to the Town of Fraser for the application fees. Due to
the application's incomplete status we haven't processed the check and now it is
outdated. Please provide a new check for the application fees with the
resubmittal to address the above.
In order to facilitate next steps in the review process, I would note that the next available
Planning Commission meeting is May 27". If you can address and provide the above
prior to May 61^ we will schedule the matter for that meeting. Sooner would be
preferable to ensure that we would be able to publish notice as required.
Re
rgards,
Jeffrey L. Durbin
Town Manager
Town of Frascr
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
wwmv. frasercolorado.com
Bestall Collaborative Limited
Planning Environment Construction Management Development
May 13 2015
Jeff Durbin, Manager
Town of Fraser
PO Box 370
Fraser Colorado 80442
RE: Byers Peak Ranch Mechanical Wastewater Treatment Facility
Development Permit Application Resubmittal
Dear Jeff:
The following information is in response to the Town of Fraser's April 22 (received May 4 2015)
comments regarding the Byers Mechanical Wastewater Treatment Facility (WWTF) Development
Permit application. The original submittal was made September 18 2014; and resubmitted March
31 2015 in response to previous Town comments. We request the application be scheduled for
public hearing on May 27 and approved as submitted.
Response to Town of Fraser Comments
The following information is in response to the comments received on May 4 2015 from the Town
of Fraser.
Town Comment 1: The language in the Bestall letter regarding building height is different than the
language on the drawings. Please clarify and amend drawings accordingly
• Response. The height indication on the drawing has been corrected to (22'1%").
The height conforms to the standard and is within the 30' height maximum - which
would be allowed under this permit.
Town Comment 2: Please clarify how conformance to Sec. 16-4-460 (8) a. is ensured. Will the
open space be dedicated to the Town of Fraser? If so, please provide an exemption plat. If not,
please provide proposed deed restrictions as required by the code.
• Response. The open space will be deed restricted — see language added to the Site
Plan — Sheet 3 which would be recorded with the Development Permit.
Town Comment 3: The site plan references the parking area as gravel, code requires pavement.
Response. The plan has been amended to indicate the parking area as asphalt.
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Town Comment 4: The code requires screening the parking lot from public view. While the plans
reference a screening fence, no details are provided.
• Response. The parking area lot has been reoriented inside the screen fence -and
is screened from public view. The screen fence detail was provided on the
previous submittal on the landscape Plan - Sheet 4 of 9.
Town Comment 5: No information and/or details regarding on -sight lighting are provided, will
there be security lighting?
Response. Yes. Security lighting will be provided with fixtures as shown on the
attached exhibit A which are dark sky compliant.
Town Comment 6: The Bestall letter notes that treated sludge will be stored within the plants
primary structure, but given the information I have received, no location within the structure is
reserved for that purpose. Please clarify on the drawings. N d Lli Pt d►.! OU'ltC4 O
• Response. Sludge will be stored on the lower level of the plant structure, as
indicated on the lower level of the plant as indicated on the conceptual facility
layouts attached to this response to comments.
Town Comment 7: The submittal does not adequately detail the headworks, screening tank or
sludge treatment facilities. Each of these, if open to the atmosphere, will be odor sources of
concern. Based on the drawings it appears that the SBR units are underground; however, they
would require venting and can create the same odor issues.
• Response. The treatment plant is planned for a Fluidyne Batch Reactor (SBR)
which is designed to mitigate odor to applicable standards. See Fluidyne SBR
system information attached and conceptual facility layouts which indicate the
headworks, screening tank and sludge treatment facilities.
Town Comment 8: It does not appear that there is sufficient space in the building for the sludge
loading facilities. Various tanks are shown in the building and not labeled so their function is
unknown.
• Response. Sludge loading will not occur within the Building. Sludge will be
transported from the building via pipes to trucks outside the building. See Fluidyne
SBR system information and conceptual facility layouts. The sludge dewatering
box is indicated in the grade level plan.
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Town Comment 9: Please clarify what you noted as SBR odor control system. Odor control
provisions are required and this will certainly be an area of a concern.
Response. The SBR system is designed to mitigate odor to standard. See Fluidyne
SBR system attached, as described in the submittal, the Fluidyne SBR system uses
an activated sludge sequencing batch reactor (SBR) - designed for BOD and TSS
removal, nitrogen (nitrification and dentrification) and pathogen control. Influent is
metered at the headworks by a parshall flume and an automatic screen. Influent
then flows out of the screenings tank by gravity to biological treatment. The
biological treatment process includes anaerobic influent conditioning, influent
equalization and a sequenced batch reactor process. After biological treatment
reducing BOD, TSS, and nitrogen - decanted effluent is equalized and disinfected
by chlorination.
Town Comment 10: The architectural sheets suggest the building height is similar to a residential
home with and 8' high garage door. It is unclear how sludge loading and chemical storage can be
achieved inside the building. If it is located outside then additional detail is needed.
• Response. The door height has been increased to 12' and the building plate height
has been raised to 22'1%" to allow for greater access flexibility. Sludge will be
transported via pipe to trucks outside the building.
Town Comment 11: Sec. 16-4-450 also addresses noise control. It is anticipated that the noise
from the air blowers/compressors will be a concern. Additional information is needed.
• Response. The air blowers/compressors and other equipment are located inside
buildings which provide sufficient noise suppression and control. State noise
standards will be met at the property boundary.
Town Comment 12: The proposed sanitary sewer influent line is shown within CR 72 right-of-way
requiring an easement or license agreement from the Town of Fraser.
• Response. For the purpose of the Development Permit the influent location has
been relocated on-site, within the property. The Meyers wastewater agreement is
sufficient for any potential easement needs.
Town Comment 13: No water service or fire protection is currently available at the site.
• Response. Water service will be provided to the site under the terms of the Meyers
water agreement. The property is within the Grand County Fire District No. 4.
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Town Comment 14: Storm water detention was not addressed in the submittal.
• Response. The Drainage and Erosion Control requirements were addressed in the
submittal. Storm water detention has been addressed in the amended plan
attached.
Town Comment 15: Snow storage is proposed adjacent to the 100 -year flood plain requiring
additional measures to maintain water quality.
• Response. The plan has been revised to integrate water quality measures for the
snow storage, including the design of water quality and detention facilities.
Town Comment 16: Enclosed please find check dated September 9, 2014, written by the
Cornerstone Winter Park Holdings, LLC to the Town of Fraser for the application fees. Due to the
application's incomplete status we haven't processed the check and now it is outdated. Please
provide a new check for the application fees with the resubmittal to address the above.
• A new check has been provided — delivered to City Clerk Lu Berger on 051315.
We look forward to scheduling this Development Permit for public hearing.
Thank you.
Jack Bestall, Principal
Bestall Collaborative Limited
720.810.6480 lack bestallcollaborative.com PO Box 2223 Evergreen Colorado 80437
4
MEMORANDUM
JRS ENGINEERING CONSULTANT, LLC
TO: Jeff Durbin, Fraser Town Manager
CC:
FROM: James R. "Jim" Swanson, P.E.
DATE: June 8, 2015
SUBJECT: Byers Peak Ranch Mechanical Wastewater Treatment Facility
The following documents were received via email on May 15, 2015:
• BPR - WWTF Response to Town Comments 05-13-15
• WWTF Plan Set
• Fluidyne SBR Information.
The following comments are offered:
General:.
1. Following a cursory review of the previous submittal and a more detailed review of this submittal, it
remains unclear who the applicant is. In Bestall's March 31, 2015 correspondence, it states Byers
Peak Properties, LLC intends to construct and operate the wastewater treatment facility and on the
cover sheet of the development permit plans; Comerstone Winter Park Properties is identified as the
owner. If Cornerstone is the applicant, proof of legal access for Byers Peak Properties is required by
Code Section 16-4-440(4).
Does the operating entity have sufficient financial capability to operate, maintain and periodically
update the facility over the life of the system? There is the potential that if they become insolvent
and can no longer operate the plant, Fraser may be forced to take it over. An escrow account or
bond should be considered to mitigate risk exposure for the Town.
Bestall's May 13, 2015 Response Letter to Town's May 4, 2015 Comments:
2. Response to Town Comment 6:
a. Bestall's response states that sludge is stored on the lower level of the plant structure as
shown on the conceptual facility layouts. The development permit plan set doesn't include a
lower level conceptual facility layout. Clarification is required that includes providing
dimensioned facility layout plans and elevation sections of the treatment facility, per Code
Section 16-4-440(7).
3. Response to Town Comment 7:
a. The response doesn't adequately respond to the comment. The headworks structure, as
shown on the development permit plans, is separate from the SBR units. No detail including a
dimensioned plan and elevation of the headworks structure is provided. No additional
conceptual facility layout detail is provided for the screenings tank and sludge treatment
facilities as stated in the comment response.
b. That portion of the Town's comment regarding structure venting was not addressed.
c. It is suggested that the applicant obtain detailed dimensioned drawings from the SBR
manufacturer for the specific units that are proposed for this project and include them in the
development permit plan set to provide adequate detail of the system proposed, in lieu of the
generic information brochure of all SBR models available from the manufacturer.
4. Response to Town Comment 8:
a. The sludge loading facilities, located outside of the building as noted in Bestall's comment
response, are not detailed or shown on any of the development plan sheets. No truck loading
6013 E. Briarwood Drive - Centennial, CO 80112 (303) 726-5577
JRS Engineering Consultant, LLC — Cont.
Byers Peak Ranch Mechanical Wastewater Treatment Facility June 8, 2015 - Page 2
facilities are shown on the site plan. The Town comment "Various tanks are shown in the
building and not labeled so their function is unknown.", was not addressed and remains
outstanding. Bestall's comment response "The sludge dewatering box is indicated in the grade
level plans.", is unclear since no grade level plans were provided.
5. Response to Town Comment 9:
a. Provide specific odor level detail for Bestall's response comment, "The SBR system is
designed to mitigate odor to standard." What odor levels are anticipated by the manufacturer?
What levels are standard? Code Section 16-4-470(6)a. identifies the Town's criteria and Code
Section 164-470(6)b. includes submittal requirements regarding odor for the facility. The
required plan per Code Section 164-470(6)b. was not found in the submittal.
b. Provide a hydraulic profile though the headworks of treatment facility to clarify the treatment
scheme. The description provided in the response is confusing and unclear. Considering that
wastewater influent enters the facility from a sanitary sewer; then passes through a Parshall
flume and an automatic screen prior to flowing by gravity to the treatment units; places the SBR
treatment units well below grade. The building elevation plan suggests that the top of the SBR
units are at grade. It appears that a raw sewage influent It station is required; however, none
is shown or addressed in the development permit submittal.
c. Bestall's response states that following treatment, the effluent is equalized and disinfected by
chlorination. Address the effects of the chlorinated effluent on the receiving stream and
ecosystem.
6. Response to Town Comment 11:
a. Code Section 16-4-470(6)a. identifies the Town's criteria and Code Section 16-4-470(6)b.
includes submittal requirements regarding noise levels from the facility. The required plan per
Code Section 16-4-470(6)b. was not found in the submittal.
Revised Drainage Plan:
7. Spills (raw sewage, sludge, chemicals, fuels, etc.) are always a potential at WWTF's. As such, it is
suggested the entire site within the security fence be graded toward the stormwater detention basin
and a positive shut-off be installed in the outlet worts to serve as a containment facility in the event
of a spill.
Development Permit Comments:
8. Sheet 3 of 9. The electrical transformer serving the WWTF is proposed on Town right-of-way. Plan
revision is required to locate the WWTF transformer within the development's property.
6013 E. Briarwood Drive - Centennial, CO 80112 (303) 726-5577
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FLVIDYNE J
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
TRUST FLUIDYNE'S EXPERIENCE
The Fluidyne ISAMTM Sequencing Batch Reactor
(SBR) system incorporates the latest and most
innovative technology and over two decades of
experience in providing the most reliable SBR
systems with the highest effluent quality. Fluidyne
SHR systems are in operation around the World and
have won numerous awards. Fluidyne SBRs
consistently provide better than 10/10/5/1
(BOD5/TSS/N/TP) effluent quality. Fluidyne
engineers have designed over 400 SBRs, and been
granted over twenty patents.
A TOTALLY NEW CONCEPT IN SBR DESIGN
The Fluidyne ISAMTM Sequencing Batch Reactor
system is a single train SBR system which
incorporates a constant level anaerobic selector
basin, followed by a surge/anoxic/mix (SAM? ) tank
and one or more SBR basins.
In operation, all influent flow enters the anaerobic
selector basin where influent solids are allowed to
settle much like a primary clarifier. Elimination of
primary solids in the anaerobic basin allows for much
smaller SBR basins at an equivalent SRT than
conventional SBRs. The anaerobic selector also
creates soluble carbon as a food source for biological
nutrient removal through anaerobic conversion of
settleable BOD to soluble BOD.
The influent then flows to the SAMTM surge basin, or
influent equalization basin. The surge basin provides
flow and nutrient equalization to optimize treatment
at the full range of flows and loadings.
Several unique feature of the Fluidyne ISAMT"" SBR
include odor -control and scum skimming. Mixed
liquor is maintained in the SAMTM tank to
immediately react with incoming flow from the
anaerobic chamber to suppress odors and initiate
and accelerate carbon and nitrogen reactions. Mixed
liquor is recycled from the SBR tank effectively
removing scum by use of proprietary flow and scum
control system. In addition, nitrates are recycled to
the SAM T1,1 tank for effective and rapid denitrification.
Denitrification reactions are accelerated in the
presence of the unreacted soluble carbon from the
raw sewage entering the SAM' tank. Aeration and
energy requirements are reduced as nitrates are fully
reduced to nitrogen gas in the SAMTM tank.
FLUIDYNE PACKAGED ISAM'" SBRS
The Fluidyne prepackaged ISAM? SBR is available
for average influent flows from 5,000 GPD to 100,000
GPD. Each unit is shipped complete; prewired and
prepiped
100% ON-LINE STANDBY EQUIPMENT
Fluidyne's prepackaged [SAM? SBRs are furnished
with spare mixing/fill pump and aerator assembly
installed for 100% redundancy.
REDUCES WASTE SLUDGE BY 75%
The Fluidyne ISAMTM Sequencing Batch Reactor
incorporates an anaerobic selector chamber with the
SAM' SBR. The anaerobic selector not only
provides consistent phosphorous removal by
subjecting the recirculated biomass to anaerobic
conditions, forcing the release of phosphorous, but
also creates soluble carbon as a food source for
phosphorous removal through anaerobic conversion
of settleable BOD to soluble BOD. Additionally.
anaerobic sludge digestion occurs in the anaerobic
selector chamber, reducing waste solids production
by up to 75% for the entire secondary process.
I
FLuiDYNE �
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
(5-4-
WAS
o
WAS
Recirculation Line Recirculation Control Valve Overflow Bypass
UnderffoW Ba'Rte
--A—*pimbngJetAerstor--
Fb-W,Deranter
-100ent Diffuser
SAS Reactor
SBR Basin
Anaerobic
Chamber
JetDecant
_ surge Chamber Motor Operated
Pump -
Valve
5u[ge Rehrm Lt3ne
System Components: Influent continuously enters the anaerobic chamber where solids settle.
Settleable BOD is converted to soluble BOD. The influent then flows to the SAM"' reactor. Mixed liquor
is maintained in the SAMTM' reactor to react with incoming raw wastewater to suppress odors, and initiate
and accelerate carbon and nitrogen reduction.
Fill Phase: When the level in the SAM"" reactor reaches a predetermined "control level," the motive liquid
pump is started. The SBR basin is filled and mixed. A variable percentage of the pumped flow is returned
to the anaerobic chamber where solids settle. The recycle flow is varied to maintain the desired MLSS
concentration in the in the SBR basin. Solids in the anaerobic chamber are digested.
Interact Phase: When the level in the SBR reaches TWL, mixed liquor overflows the surge chamber weir
and is retumed to the SAM' reactor through the surge return line to mix and react with the raw influent.
Aeration is cycled on and off to provide the required oxygen. Scum is also removed from the SBR basin.
FLuioYNE ��
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
Settle Phase: When the level In the SAM" reactor again reaches "control level," aeration is discontinued,
and the SBR basin settles under perfect quiescent conditions.
Decant Phase: When the settle timer value is reached, the decant valve is opened, and treated effluent is
withdrawn from the upper portion of the SBR basin by means of a fixed solids excluding decanter.
Filled Decant Phase: If, during peak hourly (lows, the SAMT" reactor reaches TWL before the decant
phase ends, influent flows in a reverse direction through the surge return line and overflows the surge
chamber secondary weir, and is diffused Into the settled sludge at very low velocity as the decant phase
continues.
l
FLUIDYNE EZJ
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
CUSTOM ENGINEERED ISAM' SYSTEMS
The majority of ISAM? systems currently operating
are packaged systems for daily flows of less than
100,000 GPD. However, the process offers the same
advantages for larger facilities. The first advantage Is
that the ISAM? requires smaller SBR basins than a
conventional SBR, at identical loadings. This Is due
to the fact that 65% of the influent solids are removed
In the anaerobic chamber, and are therefore not
considered in calculation of the SRT. An ISAM?
designed for an average daily daily flow of 1.0 MGD,
and an SRT of 20 days wi l have an SBR basin
capacity of 0.67 MG, and an HRT of 16 hours A
conventional SBR designed for a 20 day SRT would
have a capacity of 1 24 MG, and an HRT of 30 hours
The 1.0 MGD ISAM? SBR design also includes the
SAM? reactor having a capacity of 0.14 MG. Since
the SAM? reactor contains mixed liquor, the actual
working SRT for the ISAM? process is 25 days, and
the total volume is only 66% of that of the
conventional SBR.
The ISAM? design also includes two anaerobic
influent conditioning chambers having a total capacity
of 0.50 MG. Therefore, the total volume of the entire
ISAM? SBR process is 1 31 MG, and no additional
digesters are required Aerobic digesters for a
conventional 1.0 MGD SBR would have a capacity of
0 30 MG if designed for a 30 day sludge age. This
means that the total volume for a 10 MGD
conventional SBR plus aerobic digesters would be
1.54 MG. The total volume for the ISAM? process is
1.31 MG.
The total power consumption for a 10 MGD
conventional SBR plus aerobic digestion would be
approximately 1,680 KWH/day. The total power
consumption for a 1.0 MGD ISAM? SBR is
approximately 845 KWH/day; 50% less than a
conventional SBR.
W 1 1.
V DYNE J
FL 1
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
e
FLUIDYNE SAM r" SBR - BARONA, CA - WEEKLY REPORTS
INFLUENT
IEFFLUENT
DATE
BODS
TSS
NH3•N
TKN
FOG
1 BODS
TSS
NHS -N
NO,
NO,
TKN
FOG
02/16105
632
327
20.2
36.0
64.8
2.0
NO
ND
0.1
0.02
0.50
<1.0
02/23/05
338
226
6.7
7.8
45.5
ND
NO
NO
NO
0.02
0.60
NO
03(02105
813
390
23.5
35.0
75.8
4.6
NO
2.0
0.1
0.01
0.80
ND
03/09105
653
328
15.1
22.7
88.8
4.9
NO
0.2
0.3
ND
1.10
NO
03/16/05
640
237
23.7
35.9
79.4
2.7
NO
0.2
0.3
0.02
1.10
ND
03/23/05
385
445
24.1
38.2
80.7
2.2
ND
2.0
0.2
0.13
0.70
NO
03/30/05
736
358
15.2
19.3
217.0
10.0
NO
0.1
0.1
0.03
0.50
NO
04/06/05
627
338
28.3
34.5
97.0
9.0
NO
0.4
ND
NO
0.40
NO
04/13/05
784
356
23.0
27.2
31.0
12.0
NO
0.5
NO
NO
0.70
NO
04/20/05
336
223
14.0
16.6
8.4
3.5
1.9
0.4
ND
ND
3.30
<1
04/27/05
579
485
6.7
8.9
27,5
<2
ND
0.3
NO
ND
3.10
<1
05/04/05
940
334
1.0
33.1
48.9
2.9
2.5
1.0
0.1
0.08
2.60
<1
05/11/05
622
330
22.2
74.2
66.7
<2
NO
ND
ND
ND
1.80
NO
05/18105
718
329
20.8
28.0
492.0
2.2
NO
NO
ND
NO
0.49
NO
05/25/05
575
322
13.1
13.3
450.0
4.6
NO
0.5
NO
NO
0.50
NO
06101/05
711
688
24.0
25.6
327.0
12.3
ND
0.5
0.2
ND
0.50
NO
06/08/05
508
277
22.4
27.9
52.6
2.4
NO
0.1
0.4
NO
0.70
<1
06115/05
343
155
14.9
22.5
90.6
<2
ND
0.5
0.4
ND
1.00
NO
06/22/05
661
477
27.6
33.5
87.2
<2
ND
0.2
0.4
NO
0.70
1.1
06/29/05
444
345
32.6
50.5
61.5
2.0
ND
0.1
0.3
0.03
0.50
NO
07/06/05
925
379
27,6
48.1
87.5
1.7
ND
0.2
0.3
0.03
0.80
NO
07/13/05
673
346
33.1
52.5
99.5
<2
NO
0.5
0.5
NO
0.90
<1.0
07/20/05
650
109
29.1
43.0
64.9
<2
NO
0.1
NO
0.04
0.70
0.0
07/27/05
694
305
33.0
43.0
83.1
<2
NO
0.2
0.3
0.08
0.40
NO
08/03/05
1 580
1 324
1 26.3
28.0
65.9
3.6
NO
0.6
1 0.3
0.02
0.80
NO
AVG. YTD
1 623
1 337L
20.9
132.2
116.5
4.6
ND
0.4
0.2
0.03
1.01
ND
FLUIUYNE NIJ
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
WAS
Q
MODEL
W L
H
r—
15AM* 05
65 16
9.5
3
tSw% 10
as 24
II
11
II p UWL
II
5
SAWft
85 24
II
II
II
TRASH TRAP/
ISAM b 20
8 5 32
II
1 I 58R
SLUDGE DISPOSAL
15AMw 25
85 40
I I
7.5
UK
0
11.5
10
ISAM 40
MODEL
W L
H
HP.
15AM* 05
65 16
9.5
3
tSw% 10
as 24
9.5
5
ISAM" 15
85 24
11.5
5
ISAM b 20
8 5 32
11.5
75
15AMw 25
85 40
11.5
7.5
tSAM * 30
t t 9 32
11.5
10
ISAM 40
1 t 9 45
11.5
10
1SAMw50
119 56
11.5
15
ism 60
119 64••
i t.5
20
ISAM ■ 70
119 72••
11.5
20
ISAM, 75
t t 9 80'•
1 t.5
25
tSAM* BO
t 1 9 90•'
11.5
25
tSAM* 90
119 96••
115
30
ISAM W 100
1 { 9 112••
11.3 1
40
• EACH PUMP (ONE IS STM10M
•• TWO TANKS (EACH TANK IS HALF OF TOTAL LENGTH)
F e'E
V DYNE 1
FL 1
CORPORATION
THE EXPERIENCED LEADER IN SEQUENCING BATCH REACTOR TECHNOLOGY
The Fluidyne ISAMTM SBR system provides the following benefits,
1. Ability to handle highly variable flows and loading associated with the small flow plants. The
ISAMTm is more flexible than continuous flow plants. Regardless of flows or loading, aeration and
mixing can automatically be adjusted to optimize power and prohibit filamentous growth.
2. At high flows, solids cannot wash out as with extended aeration plants as the ISAMI system has
quiescent settle and decant.
3. ISAMT'" facilities are easily expandable by adding a new tank. The additional tank does not
require major changes in controls; only a new tank and associated equipment.
4. iSAMT" provides a small footprint with no digesters, secondary dariflers, RAS piping and
pumping.
5. ISAMI produces the highest quality effluent. Typical Fluidyne ISAMT" facilities are achieving
less than 10 mg/I BOD and TSS, less than 1 mg/I NH3-N, less than 5 mg11 total N. and less than 2
mg11 phosphorous.
6. Easy to operate and maintain as mechanical equipment is minimized with no chasing of sludge
associated with extended aeration plants.
7. Use of self-aspirating jet aerators eliminate blowers and blower accessories.
8. Built in sludge reduction system using the Anaerobic Conditioner/Trash Trap significantly reduces
sludge handling and hauling costs.
9. 100% stand-by aerator is included with the system to allow continuous operation with one unit out
of service.
10. Built in flow equalization is provided in the ISAM'm reactor to handle peak hours.
11. Automatic scum skimming prior to effluent discharge provides highest quality effluent.
12. Exceptional after sales service by Fluidyne technicians. Fluidyne employees have been granted
over 40 patents in wastewater and water treatment technology and equipment.
13. Reduced operation and maintenance costs as power usage is controlled through the Fluidyne
control panel.
14. Installed cost is lower as the system comes with the in -basin equipment pre-installed
15. The Anaerobic Conditioner/Trash Trap is covered and raw wastewater reacts immediately with
mixed liquor in an aerated environment, there are no odor concerns.
Fluidyne Corporation
Fluidyne Florida
2202 Gold Oak Lane
2816 West First Street
Sarasota, FL 34232
Cedar Falls, Iowa 50613
Phone: (941) 342-8915
Phone: (319) 266-9967
Fax: (941) 342-9765
Fax: (319) 277-6034
E-mail: ptiflorida@aol.com
E -Mail: www.FluidyneCorp.com
CERTIFICATE FOR APPROVAL BY THE TOWN BOARD:
Approved and all Public dedications accepted this _day o1 by the
Fraser Town Board. The Town of Fraser does rot assume any responsm1b y for the
correctness or accuracy of any information disclosed on this plan nor any representations
or information presented to the Town of Fraser which induced the Town to give this certificate.
BY
Mayor, Town of Fraser
DEDICATION AND NOTARY CLAUSE:
KNOW ALL MEN BY THESE PRESENTS: THAT CORNERSTONE WINTER PARK HOLDINGS, LLC IS
THE OWNER OF THE REAL PROPERTY SITUATED IN THE TOWN OF FRASER, GRAND COUNTY,
COLORADO, MORE FULLY DESCRIBED AS FOLLOWS:
LEGAL DESCRIPTION
A p~ of Lat 2, Meeer S hd,m as ranrdM s , 20 _
N Reow,xi No,
OWNER CERTIFICATE
IN WITNESS WHEREOF, Comerstone winter Park HoldlN, LLC has caused hH/her
name to be, hereunder subscribed Mus _day of , 2014.
CORNERSTONE WINTER PARK HOLDINGS LLC,
B
Colorado trotted liability company,
By: C. Clark Lipscomb
President
State of Colorado )
55.
County o )
The foregoing instrument was acknowledged before m, this _ day of-
2014, by C. Clark Lipscomb as President oI behalf of Cornerstone Winter Park
Holdings LLC, a Colorado limited liability company.
WITNESS my hand and official seal
Not Public
My commission expires.
VICINITY MAP
MORTGAGEE'S CONSENT
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OWNER
Came — Willa Pak
Ibklk LLC.
P O BOX 3D
dimer Perk. Cdoredo e(1NR7
(970) 72&8800
ENGINEERING ARCHITECT
PheI,F En,,eeeon,, Neo SMdb
2200 EAaI Hampden Aro 35811 Walrrul 51
3une 300 U. A
Dens. CO 80224 parva CO 80205
(303)288-14H (303)758-38W
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
GENERALNOTES
I THE BUILDING LOCATION DEPICTED ON THIS PLAN IS APPBOXNMTE ONLY. THIS
IS NOT FOR CONSTRUCTION.
2. MINIMUM BUILDING SETBACKS ARE AS FOLLOWS:
FRONT BUILDING SETBACK. T WENN FEET (M)
SIDE BUILDf SETBACK: SEVEN FEET (T)
REAR BUILDING SETBACK. TEN FEET (10)
3. BUILDING HEIGHT SHALL NOT EXCEED 45 FEET,
A OFF STREET PARKING 15 PROVIDED CN SERVICE DRNES.
5. SNOW STORAGE AREAS AS DEPICTED ON THE SITE PLAN SHEET ME APPROXIMATE
AND MAV BE ADJUSTED SO LONG AS THE TOTAL SNOW STORAGE IS LOCATED WITHIN
THE PRO.IECT BOONDAHY.
a. ALL AREAS PLANNED TO ACCOMMODATE PUBLIC SNOW STORAGE LOCATED OUTSIDE
OF THE ROAD RIGHT OF WAY SHALL BE STRUCTURALLY CAPABLE OF
ACCOMMODATING SNOW REMOVAL EQUIPMENT.
7. THIS DOCUMENT SATISFIES THE DEVELOPMENT PERMIT REQUIREMENT M
ACCORDANCE WITH THE TOWN OF FRASER ZONING ORDINANCE.
SHEET INDEX onTE wr+Pal z3, 2ols
COVER SHEET to 9
SITE ANALYSIS 20 9
SITE PLAN 3 OF 9
LANDSCAPE PLAN 4 OF 9
UTILITY PLAN so 9
GRADING PLAN 6 OF 9
DRAINAGE PLAN 7 OF 9
ARCHITECTURE 8 OF
ARCHITECTURE 9 OF 9
COVER SHEET
SHEET 1 OF 9
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
♦` r s
1 �
1 LEGEND
PRIMARY DRAINAGES
,. ,TRACT C 30% OR GREATER SLOPES
RESUB0AQX6y,OF PARCEL C OF
FOREST MEAD SAAR COMMUNTY Q AS DESCRIBEDSON CORNER
REC+ 1980
JOHNS DRI
snI �ochTiov
-
MINED 9
REC. N #AN
�+/� � •
`l�� 9e IiY. PARKS
/•TL,lY' EASEMENT
OF (a. ac 8.99 ` `L VMA
JNITY ZOIIED
hly� BLOCK 2
T- �� OF A MI BDO&R ODIVISION OF PARCEL C
rJOH ROW
— — — — z h FOREST DO SOLAR COMMUNITY
Ell
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Ah 0. 218772
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Qe TOWN OF ERASER EASEMENT yZ..: prAz,
RjF NO. 2002-00?A71
FOREST MEADOWS SOLA
�R '"" ' ' _ � � _ J REC. N0. 218772
LVr 2 I BLOCK 1
A RESUBDIVISION OF TRACTS
\ OF A MINOR R£SUBDIUISI
.. _ .__ -1-1 ELK CREEK 36' SEWER AND / �60'
rs� WATER EASEMENT I �OF PARCEL C FOREST M£AI
_ j SOLAR COMMUNITY
S oD YEAR �• Z011ED 9 i ACCESS REC. N0. 218772
FLOOD VLA/h'
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218772
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MOUNTAINSIR/C ® SL COR. NW i/4
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CAP LS 7104 lrED PDD 2003
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REC. N0. 19855
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DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
♦` r s
1 �
1 LEGEND
PRIMARY DRAINAGES
,. ,TRACT C 30% OR GREATER SLOPES
RESUB0AQX6y,OF PARCEL C OF
FOREST MEAD SAAR COMMUNTY Q AS DESCRIBEDSON CORNER
REC+ 1980
JOHNS DRI
snI �ochTiov
-
MINED 9
REC. N #AN
�+/� � •
`l�� 9e IiY. PARKS
/•TL,lY' EASEMENT
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JNITY ZOIIED
hly� BLOCK 2
T- �� OF A MI BDO&R ODIVISION OF PARCEL C
rJOH ROW
— — — — z h FOREST DO SOLAR COMMUNITY
Ell
eK. 334 Pc. 99 A.
Ah 0. 218772
..T. - i
to It
v
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UiIUTY C'UT/L/TY AND
W IER �SEMENT \ r B R AND
2 w
1] , r A RESUQQINSIO ACTS D&E,
AINUVO� show sraRACE a v OF A MINOR RESUBDI N „p
Qe TOWN OF ERASER EASEMENT yZ..: prAz,
RjF NO. 2002-00?A71
FOREST MEADOWS SOLA
�R '"" ' ' _ � � _ J REC. N0. 218772
LVr 2 I BLOCK 1
A RESUBDIVISION OF TRACTS
\ OF A MINOR R£SUBDIUISI
.. _ .__ -1-1 ELK CREEK 36' SEWER AND / �60'
rs� WATER EASEMENT I �OF PARCEL C FOREST M£AI
_ j SOLAR COMMUNITY
S oD YEAR �• Z011ED 9 i ACCESS REC. N0. 218772
FLOOD VLA/h'
r ♦ _ J ` I / EASEMENT
218772
ZONED 0
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MOUNTAINSIR/C ® SL COR. NW i/4
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SW 1 4 SEC. 20. IT 1 5, R 75 W, TND.
/ ---T 1 S, R 75 W. END. 3' ,iL 1/Y ALUM. CAP LS 25971 oATe NARCR z3 zals
CAP LS 7104 lrED PDD 2003
SITE ANALYSIS PLAN
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DATE' MARCH 23,2015
I I m
I' CONCEPTUAL PLANS
s NOT FOR CONSTRUCTION
P-1la O PHELPS
„ 6
fl5e9 ■
',III PIAN
DEVELOPMENT PERMIT
BYERS WASTE WATER
TREATMENT FACILITY
LOCATED IN PORTION OF SECTION 20, TOWNSHIP
,I
1 SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
(,
OF GRAND, STATE OF COLORADO
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OF GRAND, STATE OF COLORADO
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I SOUTH, RANGE 75 WEST OF THE 6TH PM COUNTY
OF GRAND, STATE OF COLORADO
O/.tE'. N CH 3a. ]fill
LEGEND
BRICK
STONE
STUCCO
mrTAL ROOfINO
ARCHITECTURE
SHEET 9 OF 9
FRASER PLANNING COMMISSION
RESOLUTION NO. 2015-07-01
A RESOLUTION RECOMMENDING DENIAL OF THE APPLICATION FOR A USE BY
SPECIAL REVIEW FOR THE BYERS WASTEWATER TREATMENT FACILITY
WHEREAS, at the regular meeting of the Fraser Planning Commission held on June 24,
2015, Cornerstone Winter Park Holdings requested Planning Commission consideration of the
Application for Use by Special Review for the Byers Wastewater Treatment Facility and the
Planning Commission conducted a Public Hearing on the matter, and
WHEREAS, after reviewing the application and associated submittals, staff provided a
briefing dated June 5, 2015 wherein it was noted that staff finds that the applicant has not met
the burden of proof to demonstrate that the proposed Use by Special Review meets the
standards and criteria for such uses as provided by the Town Code. Accordingly, staff
recommended denial.
NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission hereby
finds that the following:
a. The proposed use does not comply with all requirements imposed by the Fraser
Town Code and all other ordinances and regulations of the Town.
b. The proposed use is not in conformance with the Town's Comprehensive Plan.
C. The proposed use is not compatible with adjacent uses due to the proposed site
design and inadequate control of adverse impacts, including noise, odor and
impact on property values of the surrounding area.
d. Alternatives exist to address the community need for the use, the development is
better served at the Upper Fraser Valley Wastewater Treatment Facility.
e. The location for the use is not suitable.
f. The proposed use is not in compliance with all requirements of Chapter 16,
Article 4 of the Fraser Municipal Code.
FURTHERMORE, the Fraser Planning Commission hereby recommends denial of the
Application for Use by Special Review for the Byers Wastewater Treatment Facility. In addition
to the failure to meet the Use by Special Review Criteria, the Planning Commission notes the
following:
a. Given the fact that the Colorado Department of Public Health and Environment
permitting process has not been initiated, we cannot confirm permitting
requirements that may affect site design. For example, given the size and
seasonal nature of Elk Creek, we anticipate that flow equalization will be required
for the effluent.
b. The submittals do not meet the minimum information necessary to determine
compliance with all of the criteria and standards.
C. The proposal is not consistent with the requirements of the Meyer Subdivision
Improvement Agreement, in particular it does not provide for pedestrian access
to and along Elk Creek or provisions related to CR72.
APPROVED AND ADOPTED THIS 22nd DAY OF JULY, 2015.
FRASER PLANNING COMMISSION
Chairman
ATTEST:
Town Clerk
Ad Name: 11415704A
Customer: TOWN OF FRASER
Your account number is: 1095750
MIDDLE PARK I 6v
I AMC
PROOF OF PUBLICATION
MIDDLE PARK TIMES
I, Matt Sandberg, do solemnly swear that I am the
publisher of the Middle Park Times, that the same is a weekly
newspaper printed, in whole or in -part, and published in
the County of Grand, State of Colorado, and has a general
circulation therein; that said newspaper has been published
continuously and interruptedly in said County of Grand
for a period of more than fifty-two consecutive weeks next
prior to the first publication of the annexed legal notice or
advertisement, that said newspaper has been admitted to the
United States mail as second-class matter under the provisions
of the act of March 3, 1879, or any amendment thereof, and
that said newspaper is a weekly newspaper duly qualified
for publishing legal notices and advertisements within the
meaning of the laws of the State of Colorado.
That the annexed legal notice or advertisement was published
in the regular and entire issue of every number of said daily
newspaper for the period of 1 consecutive insertions; and
that the first publication of said notice was in the issue of said
newspaper dated 8/13/2015 and that the last publication of said
notice was dated 8/13/2015 in the issue of said newspaper.
In witness whereof, I have here unto set my hand this day,
08/18/2015.
Matt Sandberg
Publisher
Subscribed and sworn to before me, a notary public in and for
the County of Eagle, State of Colorado this day 08/18/2015.
0
Pamela J. Schultz, Rotary Public
My Commission expires: November 1, 2015
O�p,gy PVe`
PAMELA J.
SCHULTZ
q` COQ
Ily Ccmmissbr Espres 11!.2015
NOTICE OF PUBLIC HEARING
FRASER, COLORADO
NOTICE IS HEREBY GIVEN that a public hearing
will be held by the Fraser Town Board at a regular
meeting scheduled for Wednesday, September 16,
2015 at 7:00 p.m., in the Town Board Room of the
Fraser Town Hall, located at 153 Fraser Avenue,
Fraser, Colorado to consider the following devel-
opment proposal:
chani Wastewater Treatment Facility
More legally described as follows:
Lot 2, MEYER SUBDIVISION, according to the Plat
thereof filed May 26, 2005, at Reception No.
2005-00.5362.
All interested parties are invited to attend and will
have an opportunity to comment.
Proposed plans for the subject property are on file
with the Town Planning Department.
Publish one time In the Middle Park Times on Au-
gust 13, 2015.(11415704)
1111111 IN 11111111111 111111111111111111111111111111111
2005-005383 05/26/2005 01%18P SUBAGR SARA L ROSENI
1 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
SUBDIVISION IMPROVEMENTS AGREEMENT
Meyer Subdivision
THIS SUBDIVISION IMPROVEMENTS AGREEMENT (this "Agreement") is made as
of this QZLZ?�day of eAJ , 2005, by and between CORNERSTONE WINTER PARK
HOLDINGS LLC, a Colorado limited liability company (the "Developer"), on the one hand, and
the TOWN OF FRASER, a Colorado municipal corporation acting by and through its Board of
Trustees (the "Town").
RECITALS:
WNt H th vel er the o r o c rt' parcel f r rat
r,ally desc ' ed o E"
attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property is or was subject to the terms and conditions of, among other
matters, all of those certain instruments and other documents more particularly described on
Exhibit "B" attached hereto and incorporated herein by this reference (collectively, the
"Underlying Documents"); and
WHEREAS, Developer has applied for and the Town has approved a resubdivision of
the Property to be known as Meyer Subdivision, A Resubdivision of Lots 1, 2, 3, 4 and 5, a
Resubdivision of Parcel B, Forest Meadows Solar Communi , Reception ., 77*ine
o ce 93781, a
Fi,i ion ct d E, o t Mead s C ity, Re ti o
a a or ception e
property records of Grand County, Colorado (the "Subdivision"); and
WHEREAS, pursuant to the Town's subdivision regulations, Developer is required to
enter into an agreement with the Town concerning the construction of the public improvements
within the subdivision; and
WHEREAS, this Agreement and the approved Final Plat of the Subdivision are intended
to supersede and replace the provisions of the Underlying Documents as they relate to the
Property, except as otherwise provided herein.
oD
Z. n t' mutual s, di ' 'a7n
Z7%( xtz,promises, the parties hereby agree as follows:
1. Effect of this A egr ement. This Agreement and the Final PIat of the Subdivision
constitutes the entire agreement between the Town and the Developer with respect to the
Property, and this Agreement hereby releases, supersedes and replaces the Underlying
Documents in all respects except:
A. The remaining subdivision improvements for the Property shall be completed
in accordance with Paragraph 3 of this Agreement; and
2005-02-16
111111111111111111111111 Illi HIM 11111111111111111111111 1111
2005-005383 05/26/2005 01:19P SUBAGR SARA L ROSEPj
2 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
B. The Developer's obligations to dedicate public streets and easements within
the Property shall survive and shall be governed by the provisions of Paragraph 2 below;
and
C. The Developer's obligations to satisfy other subdivision requirements shall be
governed by the provisions of Paragraph 3 below.
2. Dedication of Streets, Rights -of -Way and Easements. Additional street rights-of-
way and access and utility easements may be needed to serve any development on Lots 1 and 2
of the Subdivision, once the nature of the proposed develgpment is knovgi_jh�ov9L=,kepigs
to
'R}rbr]ly{1iaar`�f a�loeiit�erct3rfg-rrtiii�for the Pr erty or any portion
thereof, in accordance with the procedures specified in Paragraph 3 hereof.
3. Future Subdivision Improvements and Requirements. Since the nature and details
of the proposed physical development of the Property were not known at the time of the Town's
approval of this Agreement and the Final Plat of the Subdivision, the Town reserves the right to
review any future development plans for the Property, and if appropriate, require compliance
with any applicable provisions of the Town's subdivision regulations with respect to such
development. Such further review shall occur concurrently with the first to occur of either (a)
Town approval of a final plat for a further subdivision of all or any portion of the Property, (b)
ZTown a proval of a develo me e e any portio SeZa
pe it sp t to or y ortion thr it be nd t n the fo s:
A. The Town may require the owner(s) to dedicate or convey street rights -of way
and access, utility, and snow storage easements and any other easements that may be
necessary to serve the proposed development and to provide connections with other
existing or planned streets or access or utility corridors. Such required easements shall
include, but are not limited to, easements for public pedestrian access to and along Elk
Creek where it traverses the Property. In addition, the Town may require that the right-
of-way for the street known as County Road 72 be widened and/or realigned to
accommodate the alignment of the planned connecting street known as the Fraser Valley
Parkway.
public dedications, trails, sidewalks and drainage facilities.
C. The Property consists of two separate development parcels identified on the
Final Plat of the Subdivision as Lots 1 and 2 (each, a "Development Parcel"). The public
subdivision improvements required in connection with development of each
Development Parcel will be identified in connection with the review of the development
plans upon the occurrence of any of the conditions listed as items (a), (b) or (c) above of
this Paragraph 3. If all such required public subdivision improvements with respect to
the affected Development Parcel are not previously completed to the satisfaction of the
2005-01-31
1111111111111111111111 HIM 1111 HIS 11111111 IN IN
2005-005383 05/26/2005 01%19P SUBAGR SARA L ROSEN
3 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
Town, the then owner(s) of the Development Parcel shall enter into a fully -secured
supplemental subdivision improvements agreement with the Town with respect to the
construction, installation and warranty of all public subdivision improvements required
by the Town as a condition of such approval, and which are within the jurisdiction of the
Town to require. The development of one Development Parcel or any portion thereof
shall not trigger the obligation to construct the public subdivision improvements that are
solely related to the other Development Parcel. Notwithstanding the foregoing, the Town
may require that the owner(s) of the first Development Parcel to be developed be
responsible for and pay the costs of designing and constructing the street known as
County Road 72 as a fort -foot 4 ' e vi face, fro t
r m ah o in rsection w J s v t
�qgVe
ad ros ar t dary o wh'ci u ethe supe ementa subdivision improvement agreement
for such Development Parcel. Developer may, by separate instrument, impose covenants
upon the Property to require any future owners of the Development Parcels to share in the
costs of such improvements to County Road 72, which may include provisions for
reimbursement to the owner(s) who first develop and incur such costs; provided,
however, the Town shall not be responsible for administering any such reimbursement
arrangements.
4. Water Service. The Town acknowledges and agrees that prior owners of the
Property have satisfied all water right augmentation and dedication requirements relating to the
at ro as neede r
i as w in a ,and p nt of th app i ble p an
5. Notices. All notices, demands, requests or other communications to be
sent by one party to the other hereunder or required by law shall be in writing and shall
be deemed to have been validly given or served by delivery of same in person to the
addressee or by courier delivery via federal express or other nationally recognized
overnight air courier service or by depositing same in the united states mail, postage
prepaid, addressed as follows:
To the Town: Town of Fraser
Attn: Town Manager
JW(o raserC l ra*4 C O D
With a copy to: Rodney R. McGowan, Esq.
Cazier and McGowan
P.O. Box 500
Granby, Colorado 80446
zoos -01-31
111111111111111111111 HIM 1111111111111111111111111115ENE
2005-005383 05/26/2005 01.19P
4 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
To Developer: Cornerstone Winter Park Holdings LLC
P.O. Box 30
Winter Park, CO 80482
Attn: C. Clark Lipscomb
With a copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 Seventeenth Street, Suite 1600
Denver, Colorado 80202
Attn: Munsey L. Ayers
D
IT t s, d , r sts o of co ica h 1 b effecti al
e us d r i ral Express or other nationally
recognized overnight air courier service or three (3) business days after deposit in the United
States mail. By giving the other party hereto at least ten (10) days written notice thereof in
accordance with the provisions hereof, each of the parties shall have the right from time to time
to change its address.
6. No Third Party Beneficiaries. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to
such enforcement, shall be strictly reserved to the Town and the Developer, and nothing
contained in this Agreement shall give or allow any such claim or right of action by any other
tig
Towne o o he a lope ei g service or efit h
1 ee to t
7. Recording. This Agreement shall be recorded in the office of the Grand
County Clerk and Recorder and shall be deemed to run with the title to the Property, and the
provisions hereof shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
R NE: QD
• WINcL CMWD
HOLDINGS LLC, a
Colorado limited liabi4ty company
2005-01-31
�N of F9
�`r' q .�
4 .
1111111 IN 11!1111 Illi IIIlII 1111 HIM Ill Hill fill IN
2005-005383 05/26/2005 01:19P SUBAGR SARA L ROSEN
5 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
��� �T WN:
T wn of Fraser, a Co
Attest: orpor - n
00C 0 R AVO
By: By:
Its: Its•A ,P
municipal
M�D=)Sx A L O pwclj�
The foregoing instrument was acknowledged before me this / y'A day of
2005 by (2 . ,, & L, 05 i h, as lI rY5r -,�e4 , of Cornerstone Winter
PA Holdings LLC, a Colorado limited liability company, on behalf of the company.
Witness my hand and official seal.
IV
_u • �. ��
NQTAF)Y PUBLIC
rewy p
STATE OF COLORADO )
COUNTY OF C-TRMI D )ss.)
The foregoing instrument was acknowledged before me this �Ty
�Y da of
2005, by p �
as
as of the
1 0 h i Q
My commission expires: -2-S— l zAei Zoosr
2005-01-31
and
Town of Fraser, a Colorado
COPY
1 d'
Notary Public
1111111 IN 11111111111111111111111111111111111111111111 i
2005-005383 05/26/2005 01:19P SUBAGR SARA L ROSENE
6 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
EXHIBIT A
LEGAL DESCRIPTION
Lots 1 and 2
Minor Subdivision - Final Plat,
Meyer Subdivision,
A Resubdivision of Lots 1, 2, 3, 4, and 5, a Resubdivision of Parcel B, Forest Meadows Solar
Community, Reception No. 218775, Part of Parcel A, Forest Meadows Solar Community,
Reception No. 193781, and Block 3 and Block 4, a Resubdivision of Tract D and Fo
Wlat the Sout sDW t ou st Q of Secti 2ip South, s thi d' T f , olorado.
0 1VTO,
I*A
y!
2005-01-31
Exhibit A
Page- I
1.
1111111 IN 11111111111 HIM 111111111111111111111111111
2005-005383 05/26/2005 01:29P SUBAGR SARA L ROSENI
7 of 7 R 36.00 D 0.00 GRAND COUNTY CLERK
EXHIBIT B
UNDERLYING DOCUMENTS
Memorandum of Agreement between Donald N. Drake, Walter L. Meyer and James H.
Gibson, as owners, and the Town of Fraser, Colorado, acting by and through its Board of
Trustees, relating to Forest Meadows Development, dated October 29, 1981, and
recorded November 17, 1981, in Book 301 at Page 545, as amended by instruments
recorded July 24, 1984, in Book 354 at Page 379 and October 5, 1984, in Book 360 at
Page 385 and as amended by instrument recorded October 27, 2004 at ece' n NO
oZe 1984, i k a3
and as amended by instrument recorded October 27, 2004 at Reception No. 2004-012690.
3. Subdivision Improvements Agreement recorded July 13, 1983, in Book 322 at Page 7, as
amended by instrument recorded May 4, 1984 in Book 350 at Page 267.
4. Agreement Relative to Forest Meadows Solar Community between Town of Fraser,
Colorado and Walter L. Meyer recorded February 11, 1991, in Book 474 at Page 910 and
as amended by instrument recorded October 27, 2004 at Reception No. 2004-012690.
2005-01-31
Easements and rights of way and all other matters as shown on the Plats of said
i i i Qoll g: o �
t ow 1982 a p 37
and as amended by instrument recorded October 27, 2004 at Reception No. 2004-012690;
Plat of a Resubdivision of Parcel C of Forest Meadows Solar Community, filed
December 1, 1982 at Reception No. 198590;
Plat of a Minor Resubdivision of Parcel D of Forest Meadows Solar Community, filed
July 24, 1984, at Reception No. 218772 and as amended by instrument recorded
October 27, 2004 at Reception No. 2004-012690; and
Plat of a Resubdivision of Parcel B, Forest Meadows Solar Community, filed July 24,
t 7 'si proveme
�n ee o i do the��r 77
en a and estate ubdivision Improvements Agreement, recorded October 27,
2004 at Reception No. 2004-012690.
Exhibit B
Page -1
. i. �. �a77" t
i-' - �_
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� 7
- - ^�:-'�
TOWN OF FRASER
Acknowledgements
Mayor and Board of Trustees
Fran Cook, Mayor
Steve Sumrall, Mayor Pro Tem
Joyce Burford
Scoff Brent
Eric Hoyhtya
Kim Linin
David Pratt
The Planning Commission
Steve Sumrall, Chair
Scott Brent, Vice -Chair
Fran Cook, Mayor
Philip Naill
Vesta Shapiro
Peggy Smith
Katie Soles
Town Staff
Jeff Durbin, Town Manager
Catherine Trotter, Town Planner
Nat Havens, Finance Manager
Allen Nordin, Director of Public Works
Lu Berger, Town Clerk
Susan Stone, PW Administrator & Project Manager
Nancy Anderson, Utilities Administrator
A Special Thank You
Thanks to all the citizens, property owners and business owners of the Town of
Fraser who participated in the comprehensive plan update process and all those who
prepared previous plans.
- 2 - COMPREHENSIVE PLAN 2010
a
t
's
TOWN OF FRASER
Ar
-
• r
- 3 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Table of Contents
UTIC.4►t611A44Ile] 4I iI4:k�
TABLE OF CONTENTS......................................................................................4
EXECUTIVE SUMMARY.....................................................................................5
HIGHLIGHTED GOALS & VISIONS...................................................................6
INTRODUCTION.................................................................................................9
A BRIEF HISTORY............................................................................................12
THE COMMUNITY.............................................................................................20
MANAGING GROWTH......................................................................................23
LOCAL & REGIONAL CHALLENGES.............................................................25
TRANSPORTATION.........................................................................................28
OPEN SPACE/RECREATION...........................................................................35
LAND USE & DEVELOPMENT........................................................................42
THREE MILE PLAN..........................................................................................56
INFRASTRUCTURE..........................................................................................60
PUBLICSAFETY..............................................................................................63
IMPLEMENTATION STRATEGIES...................................................................66
APPENDIX........................................................................................................68
- 4 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Executive Summary
A comprehensive plan provides a vision for a community's future. The guiding vision
provided by a comprehensive plan enables coordination of legislative, fiscal and
administrative policy decisions, administrative actions, capital improvement decisions,
and other community initiatives such that a community can achieve its goals. A
comprehensive plan provides a public process for establishing, documenting, and
reviewing community goals and visions. Visions are defined to be ideals, perspectives,
directions, projections and governing principles.
The Town of Fraser Board of Trustees has adopted an overall mission and values
statement as a guide for all elected officials, appointed officials and employees:
Mission Statement:
In order to preserve the health, safety and welfare of Fraser residents and
businesses, the Fraser Town Board and staff will work to ensure environmental
security, economic stability and social well-being.
Values Statement:
In our goal of ensuring a sustainable town, the Fraser Town Board and staff will
emphasize our values of communication, fairness, privacy, patience, health
and safety, humor and trust.
Town of Fraser Goals:
Provide public services and safety;
Preserve, enhance, and promote community values;
Improve partnerships with the business community;
Refine and implement growth management goals and strategies; and
Ensure environmental security, economic sustainability, and social well-being.
- 5 - COMPREHENSIVE PLAN 2010
a:
TOWN OF FRASER
-,
SOS The goals and visions highlighted in
the Comprehensive Plan are
summarized by the following:
Community:
•:• Protect and enhance natural resources.
❖ Maintain small town character, strong sense of community, its unique
sense of place, and socio-economic and cultural diversity.
❖ Support economic development to diversify the local economy and
establish a sustainable year-round economy. Support development and
retention of local businesses.
Provide efficient and cost-effective local government services.
Managing Growth:
Implement growth management policies as outlined in the Plan both
internally and in conjunction with other jurisdictions.
Local and Regional Challenges:
Provide leadership and/or participation in efforts to address local
challenges through regional partnerships and cooperation.
Transportation:
Foster our relationships with the Colorado Department of Transportation
(CDOT) and the Union Pacific (UP) Railroad and continue to be involved
with regional transportation -related master planning efforts.
Continue to work with the Town of Winter Park, Grand County and private
landowners to ensure roadway connectivity to provide for alternate
transportation routes other than US40 in the Fraser Valley.
Manage and maintain street and drainage improvements throughout
Town.
❖ Address parking and snow management challenges throughout Town.
❖ Seek ways to more effectively improve transit services within the Fraser
Valley.
•:• Encourage a more balanced transportation system that supports walking,
snow shoeing, bicycling, Nordic skiing, public transit, as well as driving.
❖ Expand and link the trail network system.
- 6 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Open Space/Recreation:
Expand and enhance the multi-purpose open space network facilitating
pedestrian and recreational opportunities while maintaining the
environment and ecosystem.
Enhance the Cozens Ranch Open Space.
Protect unique and sensitive environmental resources.
Land Use & Development:
Update development codes, policies, and procedures regularly.
Ensure that new growth and development pays its proportionate share for
necessary public facilities and infrastructure improvements.
❖ Ensure that local land use decisions are made in the context of providing
adequate water supply.
Implement effective land use and site design criteria.
Provide for water quality protection through effective erosion control,
stormwater management and revegetation measures. Sensitive
environmental features, wildlife habitat, and natural areas should be
preserved as much as possible.
Promote sustainable development, which is development that "meets the
needs of the present without compromising the ability of future
generations to meet their own needs."
Integrate second home owners into the community.
❖ Reflect local history and traditions in the character of new development.
Mitigate the negative effects of the railroad in Town.
❖ Seek opportunities and explore marketing strategies to revitalize the
downtown business district.
❖ Encourage community leadership and participation in Town government
and pride in the community.
Pursue economic development and diversification opportunities.
Encourage infill and redevelopment.
❖ Implement proactive property maintenance and noxious weed
management initiatives.
- 7 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Three Mile Plan:
❖ Fiscal impacts associated with new development must be identified and
mitigated by appropriate development policies.
❖ Local decisions should consider regional trends and impacts.
❖ Utilize Three Mile Plan goals to foster land use decisions for proposed
annexations or in unincorporated areas that are consistent with the
Town's Comprehensive Plan and the Grand County Master Plan.
Infrastructure:
❖ Manage and operate the Town's water resources to provide for a safe
and reliable supply of quality drinking water at a reasonable cost to
customers.
❖ Manage and operate the Town's sanitary sewer system to provide for a
safe and effective treatment of wastewater at a reasonable cost to
customers.
❖ Manage and maintain public streets and trails to provide for transportation
within, through and beyond Fraser.
❖ Review and update street, water, wastewater and other capital asset
improvement plans annually in order to budget the necessary funds for
system improvements.
Public Safety:
❖ Maintain a high level of emergency preparedness and awareness.
The Town of Fraser goals and visions are highlighted in bold throughout
the Comprehensive Plan.
- 8 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Introduction
A comprehensive plan provides the vision for a community's future and serves as a tool
to guide the growth and development of the entire town. The guiding vision provided by
a comprehensive plan enables coordination of legislative, fiscal and administrative policy
decisions, administrative actions, capital improvement decisions, and other community
initiatives to achieve these goals A comprehensive plan provides a public process for
establishing, documenting, and reviewing community goals. It is the Town of Fraser's
intent in this plan to provide a perspective on Fraser's past and present and to research
and document a vision for the community's future. The final section of this
Comprehensive Plan establishes implementation strategies in order to provide a course
of action to ensure that we reach the stated goals.
Geographically, this Comprehensive Plan addresses areas both within the Town of
Fraser boundaries, which currently encompass approximately 2,300 acres, and areas
outside those boundaries. The Three Mile Planning Area Map depicts these areas. In
addition to providing policy guidance for areas within the Town of Fraser, this
Comprehensive Plan also addresses the requirements of C.R.S. 31-12-105(e), the
Colorado Municipal Annexation Act of 1965.
As a document, this Plan is a guide for decision-making. It requires active commitment
to achieve implementation. It provides a foundation for decision-making for both the
present and the future. The Plan should be referenced and reviewed regularly. The
planning process should also include other local towns, county, and regional planning
documents.
As set forth by Colorado State Statutes (C.R.S. 31-23-206), it is the duty of the Planning
Commission to make and adopt a master plan for the physical development of the
municipality, including areas outside its boundaries. The Colorado Municipal Annexation
Act of 1965, C.R.S. 31-12-105(1)(e) also charges the Planning Commission with
preparing a plan that addresses areas outside the boundaries to improve decision
making relative to annexations. The Comprehensive Plan addresses these planning
requirements. The Plan has been prepared through a public process with consideration
of public comment. Colorado statutes further specify that the plan shall be made with the
general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious
development of the municipality and its environs. The Comprehensive Plan of a
municipality is an advisory document to guide land development decisions.
The Town of Fraser Comprehensive Plan was last updated in 2003. The initial process
of updating Fraser's Comprehensive Plan began when community surveys were
distributed to Town residents and businesses (Winter 2009) along with their utility bills.
The survey results indicated that citizens like the small-town, community feel of this
mountain town. Many people have relocated to Fraser for the recreational amenities that
are available nearby, the quiet mountain beauty, proximity to Denver and the relaxed,
friendly and safe community atmosphere. Residents have mixed feelings about growth
and development; however, most people realize some growth is necessary in order to
sustain and enhance the level of services offered by the Town. The input suggests that
many residents feel that utility rates are too high. There also seems to be a consensus to
improve property maintenance throughout Town and work towards a downtown
revitalization that will help Fraser compete with other communities.
- 9 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
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- 10 - COMPREHENSIVE PLAN 2010
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- 11 - COMPREHENSIVE PLAN 2010
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R-3: High Density Residence
Town of Fraser
- R4: Low Density Multi -Family Residence
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M-1: Low Density Mobile Home
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- 11 - COMPREHENSIVE PLAN 2010
0
4.2010
TOWN OF FRASER
A Brief History
- 12 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
A Brief History
Fraser was originally established as a post office on the William Cozens ranch in 1876.
Today, the Cozens ranch house remains on the property. While many of the ranch
buildings no longer exist, the Grand County Historical Association uses the ranch house
to educate and interpret this period of history. In addition to the ranch house, other
historic features remain. The historic Cozens Cemetery and a portion of Cozens
Meadow will be protected from development as will much of the Fraser River corridor
through the Town of Fraser. Unlike many other mountain communities, the railway
through the Fraser Valley does not closely follow the river corridor. Billy Cozens
reportedly shot at railway surveyors and their stakes in his efforts to protect the Cozens
Ranch, resulting in the railway alignment still in use today.
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The railroad played an important role in the history of the Fraser Valley providing jobs,
access, and a means of transporting lumber out of the valley. History tells fascinating
tales of the struggle to move people and materials via rail over the Continental Divide
and through extremely difficult environments. Today, the railroad continues to have a
pronounced presence in the community. The physical setting of the Town is divided by
the railroad, the Fraser River and US 40.
- 13 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Dr. Susan Anderson (Doc Susie) arrived in Fraser in
1907, suffering from tuberculosis and in dire need of a
cold, dry climate. Anderson was concerned with
controlling her disease and didn't open a practice, or tell
people that she was a doctor. Word got out and the
locals began to ask her for advice on various ailments,
which soon led to her practicing medicine once again.
Her reputation spread as she treated families, ranchers,
loggers, railroad workers, and an occasional horse or
cow, which was not uncommon at the time. The vast
majority of her patients required her to make house calls,
though she never owned a horse or a car. Instead, Doc
Susie dressed in layers, wore hip boots, trekking through
deep snow and freezing temperatures to reach her
patients. She practiced medicine for 50 years and her
home still stands in Fraser today.
In 1905, George Eastom acquired the townsite land and recorded a plat of the town.
Eastom came to the area to set up a lumber operation called the Middle Park Lumber
Company, in conjunction with the development of the Moffat Line Railroad. The Town of
Fraser was incorporated as a municipality in 1953.
Few pioneering souls made the Fraser Valley their home prior to the lumber industry. In
1890, the population of the area was about 157. The development of the lumber industry
resulted in a short population boom as the area grew to 597 in 1920. The community
prospered through the lumber industry in the 1920s, but with the depression, the town's
population dropped to 218 in 1930.
- 14 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The population in Fraser remained at 253 through 1960, 221 through 1970, and 470
through 1980. The 2000 US Census counted 910 year round residents. The State
Demography Office estimated that the population has grown to 1156 as of July 2007.
We await the results of the 2010 Census.
Fraser Population Growth
1200-
1000-
800-
POP
2001000800POP 600-
400-
200-
0-
1960
004002000 1960 1970 1980 1990 2000 2007
Year
Source: Demographer's Office, State of Colorado
- 15 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
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In 1944, during World War ll, 200 German prisoners of war from the main POW center in
Greeley, Colorado arrived in Fraser to work at the Kopper's logging and lumbering
operation manufacturing railroad ties and telephone poles. The prisoners were captured
in Anzio, Italy. The prisoners were quite free, enjoyed many perks and worked diligently
in the lumber camp as loggers, skidders, horse-shoers and carpenters. The picture
below shows the prisoners marching to the movie theater for a show. They would goose-
step from the camp and sing German songs on their way to the movie theater. Ironically,
former German POWs still visit the area and fondly reminisce about their time in Fraser.
- 16 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Later, Fraser became known as the "Western White House" when President Eisenhower
spent many summer months fly fishing the local waters while in office.
- 17 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The development of the ski industry in nearby Winter Park continues to draw many
people to the area, both visitors and residents. The resort is owned by the City of Denver
but operated by Intrawest under a 50 -year lease which originated in early 2002.
Recent trends indicate that the recreation and tourism industry, along with the second
home market, will continue to play an important role in the local economy. The influx of
second home owners and tourists greatly increase the peak demands on services within
the Fraser Valley. While Fraser did not experience the boom in second homes like the
Town of Winter Park during the 1960s, 1970s, and 1980s, recent trends and
development patterns indicate that the second home market and associated impacts in
Fraser has and will continue to play an increased role in the community.
In addition to recreation based employment, people have located within the Fraser
Valley for a recreation oriented lifestyle. With ever increasing metropolitan sprawl, more
people are moving to the area while maintaining Front Range employment through
telecommuting.
The local environment is extreme. Located very near the Continental Divide at an
elevation of over 8,550 feet, the Town of Fraser has been called the "Icebox of the
Nation." Daily temperature variations typically result in a 40 degree shift. The annual
mean temperature is 32.5 degrees Fahrenheit.
Manufacturers recognized the opportunity to conduct product research and
development, along with field applications in this challenging environment. Motor vehicle
anti -freeze, batteries, and snow tires were presented to residents for testing for many
years following World War Il.
The climate that provides the local ski area with an annual average of over 362 inches of
snow also provides for a rich and diverse wildlife habitat. Recognizing this, the 23,000
acre Fraser Experimental Forest (FEF) was established in 1937 as a representative site
for conducting studies in the alpine/subalpine environment of the central Rockies. Most
early research was oriented toward timber or water production resulting from forest
management. In 1976, the FEF was designated a Biosphere Reserve by the United
Nations Educational, Scientific and Cultural Organization.
- 18 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Future generations will benefit from the
establishment of the James Peak Protection Area.
This wilderness area supplements other areas
around the Fraser Valley and within the Arapaho
National Forest including the Indian Peaks
Wilderness Area, the Vasquez Wilderness Area,
the Byers Peak Wilderness Area, and Rocky
Mountain National Park.
Visitors have come to the area to enjoy the scenic beauty since the late 1800s. Grand
County consists of approximately 73 percent public lands. These public lands are
managed by several different entities: U.S. and State Forest Services, National Park
Service, the Bureau of Land Management and the State Land Board.
- 19 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Community
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- 20 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Community
Fraser is a Statutory Town situated within Grand County and nestled centrally within the
Upper Fraser River Valley. Proximity to the Continental Divide, the headwaters of the
Colorado River, Rocky Mountain National Park, the Fraser Experimental Forest, and
other significant natural environments has long shaped the character of the community.
Perhaps the surroundings contribute to the community's strong sense of environmental
stewardship. Community goals include the protection and enhancement of natural
resources. Residents have a strong sense of concern for water quality, wildlife habitat,
and other environmental concerns.
The community also strives to expand social, economic, and housing
opportunities for residents. The local economy has benefited from increases in
recreational activities such as mountain biking, hiking, camping, rafting and fishing.
Proximity to well developed state and federal recreation facilities and wilderness areas
have helped diversify the local economy.
The vitality and economy of Fraser rely largely on tourism for its sustenance and growth.
The Town seeks economic growth to diversify the local economy and establish a
sustainable year round economy which is a necessary ingredient in the well-being
of a community.
Fraser is committed to providing efficient and cost effective local government
services.
As the community grows, residents remain committed to maintaining the small
town character, strong sense of community, its unique sense of place, and socio-
economic and cultural diversity. Pictured below are photos from the Town of Fraser
Picnic in the Park music series. These family-oriented summer concerts continue to
foster a tremendous sense of community with the residents and visitors.
The Town strives to maintain mutually beneficial relationships with other public
entities. Fraser is home to the Fraser Valley Elementary School, the Fraser Valley
Library, East Grand Fire Protection District Headquarters, Emergency Medical Services
(EMS), Fraser Valley Metropolitan Recreation District, and the Winter Park Ranch Water
& Sanitation District offices. While these amenities are very attractive to residents, there
are financial implications associated with having such non -income-producing entities
within the Town limits.
- 21 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Fraser is a small community surrounded by rural areas and public lands. Residents
value the surrounding open spaces, the natural environment, easy access to recreation
on public lands, and the informal lifestyle that is associated with a small community.
Residents increasingly seek urban services and amenities such as public transportation,
high quality law enforcement, fire and emergency services, arts and cultural programs,
and varied opportunities for entertainment. Growth and development are viewed as a
challenge to the small town atmosphere and natural environment, and may present
additional community concerns, such as traffic, parking, attainable housing, clean air and
water quality. Recent developments have demonstrated opportunities for community
benefit from additional open space, infrastructure and other improvements.
Clean water, air, and abundant
wildlife are indicators of a healthy
environment. To residents and
visitors, a high quality natural
environment is critical to
overall quality of life, both
present and future. The Fraser
Valley is home to scenic
mountain vistas, wildlife, forests,
wetlands, and headwater
drainages of the Colorado River.
This tight -knit community is home to a diverse population including tourists, seasonal
residents and local families and friends. Family values are prevalent in this quiet,
peaceful and safe community. Residents are proud of their reputation for laid-back,
friendly behavior and operating on "Fraser Valley time."
- 22 - COMPREHENSIVE PLAN 2010
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TOWN OF FRASER
Managing Growth
As growth and development pressures increase, the community remains focused
on sustainable growth and quality of life. Growth, at least in terms of new
annexations and urban expansion, is limited by the surrounding public lands and
available water supplies. Nonetheless, the Town of Fraser is committed to the following
growth management policies:
Promote sustainable development, which is development that
"meets the needs of the present without compromising the ability of
future generations to meet their own needs."
Support efforts to provide leadership and/or participation in efforts
to address local challenges via regional partnerships and
cooperation.
:• Ensure that new growth and development provides for and pays its
proportionate share for necessary public facilities and infrastructure
improvements.
Ensure that new development provides for both legal and physical
water supplies.
Encourage infill development and redevelopment. Land use policies
should be regularly reviewed toward encouraging infill development.
Actively monitor attainable housing needs created by limited supplies of
land and housing. The Town should promote a variety of housing
types, densities, styles and prices to accommodate a variety of
lifestyles and income levels. Public-private partnerships to mitigate
housing shortages are encouraged.
Promote an environment conducive to development and retention of
businesses. A diversified local economy would provide a more stable
year-round and long term economy.
Strive to improve provisions for education, healthcare, childcare,
and senior housing.
- 24 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
- 25 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Local & Regional Challenges
Berthoud Pass, at 11,315 feet, serves as the gateway into the Fraser Valley which
includes the Winter Park Ski Area, the Towns of Winter Park, Fraser, unincorporated
Tabernash and many subdivisions within unincorporated Grand County. The Town of
Fraser will continue to work with governmental entities and special districts in the
Fraser Valley to ensure and promote sustainable long range planning goals.
Fraser's location along the headwaters of the Colorado River, surrounded by federal
lands, sharing boundaries with the Town of Winter Park, and the surrounding Grand
County Growth Areas, creates complex regional issues that affect municipal, county,
state, and federal interests. As such, many community concerns extend beyond
municipal boundaries. The Town supports efforts to provide leadership and/or
participation in efforts to address local challenges through regional partnerships
and cooperation.
The U.S. Forest Service, Experimental Forest and Denver Water Board own and/or
manage vast forest acreages in the area. As recreation demands and impacts change,
so do their management strategies. Fraser must remain prepared to work with these
agencies and address secondary impacts that result from their management activities.
Public and private lands throughout Grand County have become infested with the
mountain pine beetle (MPB). A recent outbreak of this insect pest has resulted in the
loss of millions of trees which has created a heightened concern for wildland fire. In
terms of emergency preparedness, wildfire is the greatest threat to life and property in
the Town of Fraser. The devastation of the lodge pole pine forests has created a rebirth
of timber -related industries in Grand County. The beetle -kill wood is creating a
renewable energy in the form of wood pellets and construction materials.
Currently, the Denver Water Board's "Moffat Collection System" diverts 60% of the
Fraser River watershed in the Fraser Valley above the Fraser Canyon to the Front
Range. This trans -basin east slope diversion creates a strong need for the Town to
develop and maintain good working relations with the Denver Water Board and
State and Federal agencies that help manage Colorado rivers and water law.
Recently, and county -wide, we have seen recycling and trash disposal shifting from
partially public funded operations to the hands of private enterprise. Imminently, both of
the county landfills will have reached their capacities and will be mothballed. Fraser will
monitor the effectiveness of the county -wide transfer station in Granby. Solid waste
management is a challenge that should be addressed along with a sustainable
solution to the County refuse collection. Expanded opportunities for recycling
should be sought.
- 26 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
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Recently, the Town of Fraser and the Town of Winter Park have coordinated efforts to
their mutual advantage, including the establishment of a combined police force, building
department and municipal court, all of which have been very successful. These efforts
led to an interest in exploring additional areas of collaboration.
In August of 2006, the Town of Fraser and the Town of Winter Park executed an
Intergovernmental Agreement (IGA) to study the relationship between the two Towns.
The IGA created the Fraser/Winter Park Joint Working Group to review and evaluate the
following four alternatives:
1. No change in our current relationship;
2. Additional cooperation, perhaps through additional IGAs (i.e. our joint Police
and Building Departments);
3. Annexation of one Town by the other;
4. Consolidation of the two towns into a new Town.
The Working Group analyzed seven specific topic areas with respect to each of the four
alternatives listed above: general government and personnel; political representation;
zoning and land use; special districts; public works; public safety and municipal court;
and finance and budget. Although both Towns decided to take no immediate action on
either annexation or consolidation, the Joint Working Group and elected officials felt
strongly that the report identifies the potential for enormous opportunities in future
cooperation between the two Towns.
The Town of Fraser and the Town of Winter Park continue to schedule inter jurisdictional
coordination meetings. The Board of County Commissioners regularly attends Town
Board meetings. The Town of Fraser is committed to working cooperatively with
other jurisdictions to further local interests through regional partnerships.
Currently, local challenges that merit inter -jurisdictional cooperation, in no particular
order, include:
❖ Sustainable development
❖ Quality and viability of water resources
❖ Protection of critical wildlife habitat
❖ Preservation of historically and archeologically significant sites
❖ Directing growth towards areas that are efficient to serve development
❖ Health care and emergency services
❖ Public safety, including wildfire protection
❖ Safe and efficient multi -modal transportation/transit system
❖ Attainable housing
❖ Childcare/education
❖ Solid waste management/recycling
- 27 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Transportation
Access to Fraser presents unique geographic challenges as regional points of access
are limited. Collector and arterial streets are limited by topography; local streets are
generally not designed for regional traffic. Alternative means of transit are constrained by
limited economic and market forces within the Valley. Like most communities, however,
the Town relies on a regional road network (arterial and collector streets), a local street
network, the railroad, and alternative transportation systems (pedestrian, bikes, and
transit).
- 28 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
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Regional Road Network
US Highway 40 (US 40) provides the primary means of vehicular access to the Fraser
Valley from the north and south.
In 1986 an intergovernmental agreement was entered into between the Towns of Fraser,
Winter Park and Grand County. This agreement called for the construction of the "Fraser
Valley Parkway," to provide another north -south transportation corridor to help alleviate
traffic congestion on US40 and to provide emergency service access to the west side of
the railroad. This roadway corridor will eventually go from the Town of Winter Park to
Tabernash. A segment of this corridor, known as "Old Victory Road (OVR)," has recently
been constructed, while others are pending final design and construction. The original
vision for this road was a two lane arterial, within an 80 -foot right-of-way. The right-of-
way includes a pedestrian/bike trail separated from the automobile lanes. OVR has an
80 -foot right-of-way with a 24 -foot pavement width which falls under the classification of
a local street. Thus, the intent of the road is now more of an alternate local north -south
route than a fast moving arterial north -south transportation corridor. The development
of properties in the Town of Fraser along this transportation corridor must include
provisions for this transportation route. Alternate transportation routes should be
acquired to lessen our reliance on US 40.
County Road 72 (CR 72) and County Road 8 (CR8) pose challenges that require inter -
jurisdictional solutions.
The Town of Fraser and Grand County cost share maintenance of the county/town
interfaces and should continue to maintain planning and maintenance
coordination.
Fraser is committed to continued involvement in regional transportation -related
master planning efforts such as the 1-70 Coalition.
- 29 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Local Street Network
All development shall be served by local streets and integrated into the Fraser, Winter
Park, and Grand County road network plans. The local street network provides access to
properties throughout Town and beyond.
New streets must be designed to provide safe and efficient movement and must
meet the Town of Fraser `Street & Roadway Minimum Design Criteria &
Construction Standards.' Street design and improvements must balance the need to
provide neighborhood connectivity and emergency access with the need to avoid
regional traffic on neighborhood streets. The failure to balance these goals in the past
has led to the installation of gates across streets originally anticipated as connector
streets. In addition to disconnecting neighborhoods, such gates pose serious safety and
maintenance issues. Additional gates and closures are discouraged and will be
considered only in special, unique circumstances.
Both businesses and residences experience parking problems in Fraser. Parking is
further constrained by snow management operations and storage. The Town of Fraser
recognizes that parking criteria may constrain development and redevelopment in the
"downtown business district." On -street parking will certainly add value to properties in
commercial and mixed-use districts. It can also be a design strategy to make streets
safer and more appealing for pedestrians. The Town should consider alternative
means of parking and snow management provisions in this area.
Some neighborhoods are experiencing parking deficiency problems. Specific problem
areas exist in the Upper Ptarmigan and Rendezvous areas and the Town is reviewing
ways to assist property owners in addressing these problems.
The Railroad
Everyone who has visited Fraser never forgets the train! Traveling through the Fraser
Valley, the railroad bisects the heart of Fraser. The at -grade crossing, combined with
federally mandated whistles, have a huge impact on the residents and businesses in
Fraser.
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- 30 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
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The Town of Winter Park is moving ahead
with plans to create quiet zones for trains at
two at -grade railroad crossings. Winter Park
will retrofit these existing at -grade crossings
with the necessary site improvements and
quiet -zone infrastructure so as to eliminate
the federally mandated whistles. The
estimated cost of the upgrades is $220,000
per crossing. The Town of Fraser will
monitor implementation of whistleless
crossing regulations and seek
opportunities to mitigate the effects of the
railroad and improve the quality of life in
Fraser.
` The Town of Fraser encourages
alternative modes of transportation and
recognizes that, in the future, the railway corridor may provide an opportunity for
another mode of transit. The Town of Fraser supports expanded rail service for transit
needs.
Alternative Modes of Transportation
In 2008 the Town of Winter Park, in conjunction with the Town of Fraser and other
countywide entities, received a grant to hire a transit consultant to complete a Fraser
Valley Public Transit System Analysis. This analysis developed an implementation plan
for public transportation service for the Fraser Valley area. The recent cuts in
transportation funding have put the implementation plan temporarily on hold. The
entities in the Fraser Valley should continue their efforts in seeking ways to more
effectively improve transit services within the Fraser Valley.
For years, the community has
been served by "The Lift," a
privately operated bus system that
provides transportation from the
_ a ski area through Winter Park and
Fraser, with some routes traveling
v �_ ■■� to Granby. "The Lift" is funded by
the ski area and the Towns of
LET'S RIDE! Fraser and Winter Park. Intrawest
�— contracts with First Transit (a
- private transit management
company) to operate the service.
This transit system has posed
challenges in the past and may be
subject to restructuring as the
current operator of the ski area, Intrawest, reviews its operations. The Town of Fraser
recognizes the need for a community transit system as a component of a means of
transporting guests to the ski area and other destinations and transporting the workforce
to the Town of Fraser after working hours. Funding challenges and lack of ridership
could hinder the viability of a sustainable year-round public transportation system to
serve the Fraser Valley.
- 31 -COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Ski Area Master Plan provides for construction of a gondola which would connect
the ski area to downtown Winter Park. If this facility is constructed, the community
should seek to identify transit linking downtown Winter Park to downtown Fraser,
enhancing both the visitor experience and expanding economic opportunities.
A vital component of a community transportation system is good pedestrian
infrastructure. There are over 600 miles of mountain bike trails and countless miles of
hiking trails in the Fraser Valley. Many of these trails, however, are located outside of
Town, and the community has sought to create a local trail network throughout Town
with links to trails throughout the Fraser Valley. The Town of Fraser has committed
resources toward these links and recognizes that a pedestrian network plays a key role
in linking community facilities, business centers, neighborhoods and the surrounding
open spaces. The Town of Fraser must work with other jurisdictions to complete
regional trail linkages.
- 32 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
kw
r
01,
5
R
a
Old Victory Rd
Connection
Legend
+ Railroad
US FNry 40
County Road
Local Road
Private Road
Town of Fraser
Town of Winter Park
I
I
I
PIOnN'�y i
i
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Future
Grand Park Dr`" I
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Grand Park Dr
Or
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i
Transportation
C O LO SAD 4.2010
- 33 - COMPREHENSIVE PLAN 2010
/ FVMR`
Fraser -Granby Sports
Trail Comp,
Glvdo Trell
TOWN OF FRASER
•� ��
emetery 11 Fraser R; er Tra
I
Cozens Meadow ,�, Fraser-WIn1
Trail (Paved) % Park Trall
(Paved)
YCemetery
Streams
Walk Through History Park+ Ponds
Town of Fraser
Lions Ponds Trail
• �
® Dedicated Open Space
Giveb Trad
Parcels
Fraser -Willer Park Trail
_
Open Space
Fraser-G2nby Trail
WP Openspace
Fraser River Trail
Town of Winter Park
Elk Creek Trail
James Peak Protection Are
�— Arapaho Trail
Publiclantl
Cozens Meadow Trail
Bureau of Land ManagemE
Proposed Trail Linkages
♦ Future Trail Linkages
USFS -Arapaho Nat. Fore!
Denver Water Board Land
Rendezvous Trails
Other Trails
Open Space/Parks/Trails
co to I I I1 ■ 4.2010
- 34 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Open Space/Recreation
- 35 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Open Space/Recreation
Recreation is both an important quality of
life feature and an important component
of the local economy.
Properties should be developed in a
manner that preserves and provides
open space, parks, trails and
recreational opportunities based on
community needs.
•-KIN
1�
4n..
Ensuring public access to the existing trail
system, public lands and waters is a high
priority and should be retained where it
exists and obtained wherever feasible. A
rich and varied trail network which provides
a variety of recreational opportunities
should be preserved and enhanced. This trail
network should also provide for easy
accessibility from residential neighborhoods
and the core area of Fraser to public lands,
trails, water and recreational areas.
- 36 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
In November 2007, Fraser Valley Metropolitan Recreation District voters approved a
general obligation bond series in the aggregate principal amount of $19,500,000 to pay
for approved community enhancement projects. The general obligation bond series will
pay for the following community enhancement projects:
• Constructing and equipping a community recreation facility to include a
natatorium, a fitness center, a gymnastics studio and multi-purpose areas.
Construction of the facility began in August 2008 and was completed in
December 2009. Initial budget: $13.45m.
• Making health and safety upgrades at the Fraser Valley Sports Complex.
Projects are due to begin in 2010. Initial budget $1.4m.
• Replacing the existing irrigation system at the Pole Creek Golf Course. The
irrigation system replacement was completed in September 2008. Initial budget:
$1.5m.
• Equipping a new clubhouse and golf cart storage area at Pole Creek Golf
Course. Construction began in October 2008 and was completed in the summer
2009. Initial budget $3.15m.
Grants and private donations have allowed additional enhancements to the community
recreation facility.
- 37 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Cozens Ranch Open Space
The Town of Fraser currently owns over 120 acres of
open space along the Fraser River corridor. The area is
known as Cozens Ranch Open Space, honoring William
Cozens who first settled the property. The open space will
be expanded with additional open space dedications and
conservation easements. This area forms the core of the
open space network within Fraser.
The Town of Fraser is committed to protecting and
enhancing this riparian habitat. The corridor includes
diverse wetlands and other important wildlife habitat.
In 2004, the Town of Fraser, in collaboration with other
entities within the watershed, received a Great Outdoors
Colorado (GOCO) grant in the amount of $457,000 to
rehabilitate and enhance wildlife habitat, initiate an educational program, link trail
systems and increase passive recreational uses along this open space corridor following
the Fraser River from the south end of Winter Park to the north end of Fraser.
The project included a
threatened and
endangered species
evaluation, aquatic
habitat enhancements
to address low flow
impacts on the fishery,
creation of boreal toad
breeding habitat areas,
placement of waterfowl
nesting structures, an
educational component
centered around a
series of educational
and interpretive signage
along the entire
corridor, pedestrian trail
linkages, improved
picnic areas, and native
plant revegetation. The signage encourages the use of the open space area as a
learning opportunity for a broad range of subjects including wildlife, ecosystems,
geology, and history.
Additional improvements include the Kit Klancke picnic pavilion, complete with two BBQ
pits, new picnic tables and drop curtains. Benches have been placed along a trail around
the Lion's Ponds, leading to the pavilion.
A play area consisting of two climbing rocks and a large toad is located just north of the
pavilion. Bear -proof trash cans, viewing scopes, picnic tables and benches are located
along the trail.
- 38 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Town will continue to maintain the Cozen's Ranch Open Space as a family
oriented area, promoting passive, low impact recreational activities. The Lion's
Club stocks two ponds in this area with rainbow trout several times a year. The Colorado
Department of Wildlife also stocks fingerlings in these ponds at least once a summer.
Fraser will continue to work on improving parking and accessibility at the Lion's Fishing
Ponds.
-.K
.ior tr.
In April 2006, the Fraser River Lion's Club contracted with artist Howard Neville to
create an 8 -foot bronze statue of president Dwight D. Eisenhower in his fly fishing
clothes netting a large trout. The Lion's Club chose this subject because as
President of the United States, Eisenhower chose the Fraser River and its tributaries
as the location to pursue one of his favorite forms of recreation, fly fishing.
A plaque tells the history of the "Western White House," which is what the press
dubbed Fraser in the 50's because "Ike" conducted so much presidential business on
his fishing trips to Fraser. This project was completed and dedicated in August 2008.
- 39 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Grand County Water and Sanitation District #1 (GCWSD) has redesigned the former
wastewater lagoon system to be utilized as two water storage reservoirs. The Town
of Fraser has entered into an Intergovernmental Lease Agreement with GCWSD to
allow public recreational use on the reservoir property. Fraser applauds GCWSD for
embarking on this beneficial reuse of the former wastewater lagoons.
Fraser will continue to encourage regional strategic planning and initiatives
regarding the Fraser River.
Unique and sensitive environmental resources should be preserved and linked
to (or contained within) open space to the extent feasible. Environmental
resources to be protected include, but are not limited to, wetlands and riparian areas,
alpine meadows and tundra, steep slopes, floodplains, unstable soils, high value
wildlife habitat, unique natural vegetation, and view corridors.
Fraser should review land use regulations to ensure that development is
designed to avoid and/or minimize impacts to open space and natural
ecosystems in order to protect and maintain the open space network for the
benefit of future generations and enhance the quality of development.
- 40 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
..:.-
�..�r`�"Y. — •'1 � _� � 3 _ Legend
/ n .y, -t•s a `'�'. _
+ Railroad
Streams
i
5 � •� � ,t � 3 J`S� . ' J ' (��^,1� " ..`i �w.; � ,, r t� • Ponds
oe=: Proposed Trail Linkages
�rrlIf .Lt r '�'.• iSr.� �[•.c,. H• � f ( •_' �.�f _ Arapaho Trail
_I.ig)• ->i�. - i r (+ Elk Creek Trail
S ?Y `- ■' --- Fraser River Trail
Fraser -Winter Park Trail
■ {�[ -� {S 'c. '�t'' t_ C .. y 1, t� G _ ..b... R Lions Ponds Trail
■�,:�� _ gy ; �',�A-a „' ` `�.." -i� tY, st . �c"' lFr ■ Rendezwus Trails
`(r■�` `7�,~�� i:.• + �� >< _' C.3Town of Fraser
(.. / i dry r �.`• \�.. 3. .a P-9 Cozens Ranch Open Space
~ Pavillion ({T�
Ike Statue
Picnic Areas
(Along Trail)►,Pa »..
-=.a tag I Interpretive
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Cozens Ranch
Open Space/Trails
■ 4:
- 41 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
- 42 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Land Use & Development
Land use and development concerns are often the most emotional and contested
activities within a community. This section outlines a series of land use policy guidelines
and goals.
Development should be reviewed for both
code compliance and consideration of the
broader impact. The development review
process and associated regulations in
Fraser should be regularly reviewed and
refined to ensure that the land use
regulations achieve the desired end
product and meet the needs of the
residents, property owners and
developers. The land use codes, policies
and procedures of the Town are the tools
used to achieve community character.
New growth and development shall pay its proportionate share for all necessary
public facilities and infrastructure. It is critical to ensure that adequate facilities are in
place or timed to occur with growth. Land use decisions should be made in the context
of water supply.
Service levels must be sufficient to serve anticipated development. Typically, properties
annexed into Fraser will be serviced by the Town of Fraser municipal water system and
sanitary sewer system.
A variety of community services and facilities is key to a well-functioning town. The
Fraser Valley Library and the Fraser Valley Metropolitan Recreation Center are located
within the Town of Fraser. The Fraser Valley Sports Complex is located just north of
Fraser. The East Grand School District provides K-5 education in Town. The East Grand
Fire Protection District provides fire and emergency response. EMS has procured an
ambulance storage garage and adjacent employee housing in Fraser. Most community
services shall be provided in the same manner as they presently exist and may be
expanded in the future.
The Town of Fraser has established impact fees to mitigate the impact of
development on some of these services and may consider additional impact fees
in the future.
Mixed use, commercial and light industrial uses should be maintained in the core urban
areas. Residential development should be designed to avoid ridgeline development and
visual impacts to the meadows whenever possible. It is critical to the character of the
community to maintain the sense of open and scenic vistas. Land uses must also be
carefully planned to provide for critical wildlife habitat areas and sensitive
environmental areas.
The Fraser River is a headwater tributary of the Colorado River, and as such, water
quality is a high priority. Development review and permitting should provide for
water quality protection through effective erosion control, stormwater
management and revegetation measures.
- 43 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Research has indicated that current stormwater management practices are not doing a
great job of protecting water quality. Some communities are recognizing the need to
manage stormwater through an integrative, comprehensive approach to land use
planning and site design. Fraser should explore a "comprehensive green
infrastructure" approach to managing stormwater through more natural
approaches that take into account the wide range of development -related issues
at the regional, neighborhood, and site -level that affect impervious cover and
stormwater runoff.
The local climate is varied and extreme and as a consequence improper landscaping
occurs and revegetation efforts often fail. The use of native plant material and other
natural landscape features are encouraged. The Town has developed recommended
landscape planting guidelines and has established a management plan to control
noxious weeds on Town properties, rights-of-way, parks, service areas, watershed
regions, commercial and residential areas. Fraser should ensure that revegetation
and landscaping are weed -free.
Fraser is interested in seeking renewable energy sources such as solar and wind
and supports green building design. Renewable energy is derived from natural
processes that are replenished constantly. Climate change concerns, coupled with high
oil prices and government support, are helping to promote renewable energy legislation
and incentives.
The Town of Fraser believes in and encourages sustainable development, which is
defined as a pattern of resource use that aims to meet human needs while preserving
the environment so that these needs can be met not only in the present but also for
future generations. Incorporating sustainability concepts into the development
review process would involve evaluating the triple bottom line, economic
prosperity, environment quality and social equity (people, planet and profit).
In recent years, expansion of the second home market has occurred within the Town of
Fraser. Increasingly, the population of Fraser is being supplemented by second home
owners. Northwest Colorado Council of Governments (NWCCOG) conducted the
second phase of a Second Home Study in 2006. At that time, the percentage of homes
owned in Grand County by second homeowners was 64%. The three main reasons
second homeowners purchased in Grand County were recreational amenities,
scenery/surroundings, and the intent to vacation here for years. Local residents and
second homeowners hold similar values regarding community amenities and
recreational interests. The Town should strive to integrate these residents and
property owners into the community fabric in order to enrich the quality of life for
both locals and second home owners.
- 44 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Fraser has a rich history. The Town
supports historic interests through
the Grand County Historic
Association which operates the
Cozens Ranch Museum in Fraser.
The Town also owns and maintains
the Walk Through History Park and
the Historic Church/Community
Center. Much of the character of
Fraser comes from its strong-willed,
independent, pioneering history.
The character of new development should reflect the history and traditions of
Fraser. The community hopes to maintain its unique local character, rather than become
just another "bedroom community."
The railroad provides a second principal means of accessing the community. It is
important that the Town maintain a collaborative working relationship with Union
Pacific in an effort to improve the aesthetic appearance of the railroad right-of-way
throughout Town.
Enhancing the physical appearance and improving the economic viability of the
downtown business district are comments heard repeatedly from residents, property
owners and the business community. Fraser should seek opportunities and explore
marketing strategies to revitalize the downtown business district. Enhancement of
the business district is critical to the community. Fraser should re-evaluate the
Business District zoning regulations to be consistent with the goals of the
residents and business owners and this Comprehensive Plan. The Town should
improve and expand parking in the downtown business district to alleviate
downtown parking challenges. Fraser should encourage local business owners
and residents to become active, invest and take pride in the community.
�� - ;:.� a.� Vii. _ ,, _ ! r • ..
. ..� .y1 __ - x •.�- :fir...
- 45 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Economic development and diversification of the local economy is another
important community goal. Fraser, like most Colorado communities, is reliant on sales
tax revenues. Fraser must seek to both increase revenues (as costs and demands
increase) and stabilize/diversify those revenues.
Small and new businesses struggle to establish operations in Fraser. Beyond the
challenges of business competition and a resort economy, new businesses are
challenged by the high cost of land, high costs of construction and expensive
leased/rental space. A small business and/or light industrial incubator could help
establish and retain new local businesses within the community.
Rendezvous and Grand Park are the largest, most recent developments in Fraser. Both
are regulated by annexation agreements and Planned Development District regulations.
The developments include a variety of land uses including various residential and
commercial uses, possible golf course, and other related improvements.
I
E
Infill and redevelopment is encouraged. (Refer to Neighborhoods map)
Clayton Court, a mobile home neighborhood, is centrally located in the core of Town
along the Fraser River. The property offers great potential given the adjacent open
space corridor, its proximity to "downtown," and the adjacent Walk Through History Park.
Appropriate land uses might include multi -family residential, commercial, professional or
service offices, or a mixed use development.
- 46 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Town recently purchased a .8 acre parcel of land in downtown Fraser, fondly
referred to as "FroDo". The site is currently vacant, but it is highly visible from US40 and
its central downtown location makes re -development of the block a model and catalyst
for future change within the Town. A design study of the site was conducted. The study
suggested that the mixed-use "re -development should respond to market needs and
preferences in terms of building type, affordability, unit size, and parking
accommodation."
Victoria Village, located on the north edge of the Town, was subdivided into small lots
years ago. This 11 -acre site is located at the southeast corner of US40 and County
Road 8 and will eventually become the "gateway" to Fraser from the North. This must be
considered as an important component of site and architectural design. This site is
currently in the process of being re -subdivided, but environmental site constraints have
prolonged the process. The proposed land use is a mixed use development, which will
complement the adjacent land uses.
There is a lumber/pole yard operating on property just north of Town. This property is
adjacent to the railroad and is physically separated from the Town by St. Louis Creek.
Currently there is no Town street access to this property; however, there may be future
opportunities for light industrial or professional land uses.
Wildlife and habitat concerns abound in any community nestled within a series of
wilderness areas and national forests and parks. Fraser is one such community. In
addition to local concerns regarding the impacts of the urban/wildland interface on
wildlife, the community should anticipate potential increased concerns from state and
federal agencies as environmental regulations continue to evolve.
In the fall of 2008, the Town adopted an ordinance requiring the utilization of wildlife -
resistant containers, wildlife -proof refuse containers, wildlife -proof dumpster enclosures
and the proper storage of food or refuse. The purpose of these regulations is to protect
and maintain wildlife in the Town of Fraser and surrounding areas and to minimize the
risk of dangerous interaction between humans and wildlife.
A balanced approach to development
preserves nature and wildlife while
enhancing property values.
- 47 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Another issue of growing concern as the community evolves is property
maintenance. Property maintenance concerns most often relate to storage of "junk" and
noxious weeds. As the community expectations change toward a less relaxed approach
to property management, the Town of Fraser should provide leadership, consistent
standards and effective enforcement. Public facilities and properties should provide
examples of the standards applicable to property management. Proactive creative
management initiatives may reduce or eliminate the need for more aggressive
management/enforcement options.
n. .:3
,
_ y
- 48 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
The Town implements a noxious weed program based on a mandate from the State.
The goal of noxious weed control will be achieved by raising public awareness
through education, suppression and eradication of existing noxious weed
populations, and preventing further spread of noxious weed growth into other
areas. Knowledge and awareness are keys to the success of any effort. This is
especially true when keeping the proliferation of noxious weeds at a manageable level.
Pictured below is scentless chamomile, a prevalent noxious weed commonly mistaken
for a daisy.
Somewhat related to property maintenance concerns are matters related to animal
control. Like many mountain communities, Fraser is known as a haven for dogs.
Unfortunately, as the community grows, conflicts between people and dogs have grown.
Dog owners must become more educated about animal control laws, clean up dog
excrement, and avoid disturbing the neighborhood with loud barking dogs.
To this end in April 2009 the Town of Fraser amended its animal control regulations,
which had been in effect since 1985. The Town Board felt the previous regulations were
somewhat ambiguous, open to interpretation and outdated. The new regulations provide
very clear language as to how "running at large" is defined. The new ordinance requires
that all dogs within the Town of Fraser must be under "effective and immediate" control
of the owner. The Fraser Animal Control Ordinance prohibits any dog owner from
allowing their pet to defecate on public or private property not under their control unless
the dog owner immediately removes the defecation and places it in a suitable waste
container. The new ordinance also contains language prohibiting any person or dog from
harassing an "Assistance Dog." Continued public relations and education regarding
animal control and enforcement are necessary to ensure that Fraser meets the
intent of this ordinance.
- 49 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Some citizens of Fraser would like to have an area designed and managed for a dog
park. A controlled environment providing training and educational opportunities for dogs
may reduce user conflicts.
The Town of Fraser, like other small mountain communities, is concerned with light
pollution. Fraser should ensure that ordinances adequately regulate outdoor
lighting in order to reduce light pollution and preserve the night sky.
Like many other Colorado communities, Fraser has been studying the challenges
associated with medical marijuana dispensaries. Municipalities are addressing the
recent proliferation of medical marijuana dispensaries opening in their communities in a
variety of ways. While Fraser has enacted a moratorium on such dispensaries,
regulations at a local and/or state level are pending.
- 50 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Legend
_..—..—.._.....�
\ - t Railroad Fox Run School and Library
•\ — US Fkvy40 - Grand Park - Sun River
Neighborhoods - Moose Hollow The Divide
"—'-- i Clayton Court Old Town -Twin River
_-- - - Cozens Meadow Open Space Victoria Village
_ I Cozens Pointe Ptarmigan Village at Grand Park
f _
i I -Business District Regional Shopping District Wapiti Meadow
j �► ^ •�. Elk Creek Village Rendezvous �Town of Fraser
FroDo Town of Winter Park
_,...,:. -----------------_--_--
f"
1
s
%
I
I
1
I •�
j I
j I
I � �
L........... —.--.---.--- J
C0LORAD Neighborhoods
0 42010
— 51 — COMPREHENSIVE PLAN 2010
■
no
TOWN OF FRASER
i�szuExisting Land Use
- 52 - COMPREHENSIVE PLAN 2010
Legend
US Hwy 40
y Railroad
Town of Fraser
Town of Winter Park
Existing Land Use
Commercial Improved
Commercial Vacant
Residential Improved
Mufti -Unit Improved
Residential Vacant
Mixed Use Improved
Mixed Use Vacant
Mobile Home Land
- Tax Exempt
- Tax Exempt/Residential
- Agricultural/Open
Conservation Easement
Source: Grand County Assessor
■ 4.2010
TOWN OF FRASER
Legend
-�--� Railroad
�\ US Hwy 40
J Town of Fraser
Town of Winter Park
FutureLand Use
Residential
Mixed Use
I� Open Space
- GovUlnst
fl
lk
t
� J
Future Land Use
• ■ 4.2010
- 53 - COMPREHENSIVE PLAN 2010
13
TOWN OF FRASER
Vacant Land, Acres by Type
D 0.1 MOBILE HOME-
3.3
ONE3.3 CONDO
D 24.1 MVED USE
27.9 COMMERCIAL
O 104 SFR
M 1,421.9OPEN/AG _
Vacant lands include only vacant,
privately owned property. It does
not include Town of Fraser, exempt,
or Open Space property.
Total Vacant Land = 1,594.4 ac
Legend
t Railroad
US Hwy 40
Town of Fraser
Town of Winter Park
Vacant Lots - by Type
- Open/Ag
- commercial
- condo
Mixed Use
Mobile Home
Single Family Residential
Town of Fraser Parcels
Improved Lots
Vacant Lots
t.. �owwno ■ 42010
- 54 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
\ �b
U
C 11
3 a
3
Eisenh r
4�
CR 73
Lions Ponds
3
Potential
Town of Fraser
Satellite
Public Works
sites
GR114
GC#1 Ponds
rf
Recaeryous Ro,
11
91
Public Facilities
C O L O D a D 0
■ 42010
- 55 - COMPREHENSIVE PLAN 2010
Legend
US Hwy 40
Cozens Ranch Museum
+ Railroad
1I
EMS Satellite Site
Post Office
3 Public Works
East Grand Fie Station
3 Rec Center
3
Historic ChurclVCommunity Center
Fraser Elementary School
—
Visitors Cemer
3 Town Hall
C
Library
Town of Fraser
GC#1 Ponds
rf
Recaeryous Ro,
11
91
Public Facilities
C O L O D a D 0
■ 42010
- 55 - COMPREHENSIVE PLAN 2010
f 1 '
i y K
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TOWN OF FRASER
Three Mile Plan
Colorado State Statutes require that each community have in place a plan for that area
within three miles of its boundary, and that said plan be updated at least once annually.
This provides a framework for decision making regarding annexations and other
extraterritorial matters. The Three Mile Plan is a long-range planning opportunity for
municipalities to consider where they want to annex, how to provide service in the newly
annexed areas, and how they will sustain adequate levels of service throughout the rest
of the municipality. Although the Town of Fraser does not actively seek annexations, it
intends to be prepared to make informed decisions should annexation petitions be
presented to the Town. Additionally, the Town recognizes the effects that development
outside the corporate limits can have on the Town and seeks to promote regional
planning to improve regional decisions.
The Town of Fraser Three Mile Planning Area was established as follows:
❖ All properties within three miles of the Town boundaries were identified.
❖ Properties already included within another jurisdiction were removed.
❖ The National Forest Boundary Line was also used as a limiting factor on the plan
map, though the Town is aware that property swaps can quickly change those
boundaries.
❖ The Three Mile Planning Area will be modified as changes occur in the Town
boundaries and/or Forest Boundaries.
The Town of Fraser Three Mile Plan is a component of the Comprehensive Plan. The
land use and development policies as outlined in the Comprehensive Plan for areas
within Town also apply throughout the three mile area.
Generally, low to medium density residential land uses are preferred within the three
mile planning area. Higher density residential, mixed use, commercial, and light
industrial uses should be directed toward municipal areas.
Development proposals for areas surrounding the Town of Fraser should be considered
for incorporation within the municipality before development in unincorporated areas.
While the Three Mile Plan provides for low to medium density residential in these areas,
low to medium density sprawl throughout the Valley is not a preferred land use pattern.
The Town of Fraser recognizes that low to medium density residential development may
occur in unincorporated areas; however, development within municipalities is preferable
because public utilities and services can be provided more efficiently. The overall
densities from these areas could be clustered into smaller higher -density areas enabling
preservation of open space.
The fiscal impacts of development should be considered as a component of the
decision making process regarding both development in unincorporated areas or
annexation into the Town.
The Town of Fraser annexation policy provides that the Town of Fraser has no intention
of annexing any developed areas that may be included within the Three Mile Planning
Area, such as Winter Park Ranch Area, Icebox Estates and Sunset Ridge. The Town of
Fraser intends to support a county -wide growth plan that reduces sprawl and provides
for efficient provision of services while protecting the character, quality of life and sense
of place that makes the Fraser Valley such a unique community. Growth or development
that may be occurring outside the Town but within the Three Mile Planning Area should
be consistent with these goals and policies.
- 57 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
- 58 - COMPREHENSIVE PLAN 2010
TOWN OF ERASER
1 I
Acres -
Sunset Ride
(Stagecoach
Meadow
Reserve at
Four Way EIk.Hom
Grandrnother Esiates Ranch Creek H' h Lonesome
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- 59 - COMPREHENSIVE PLAN 2010
IMP
PC
270
Ad
TOWN OF FRASER
Infrastructure
f �
Water
The Town of Fraser owns, operates and maintains the municipal water system
serving most properties within Town and relies on a series of groundwater
wells for its water supply. It is the Town's goal to manage and operate the
Town's water resources to provide a safe and reliable supply of quality drinking
water at a reasonable cost to customers.
The Town of Fraser actively manages its water portfolio in order to protect and enhance
its water supplies. As the Town grows, additional water supplies and sources may be
necessary to meet future demands. As a component of the annual budget process,
appropriate funding should be reserved for these future demands and system
operations and maintenance.
The Town annually reviews and updates the Capital Improvements Plan (CIP) to ensure
funds are available for system improvements and rehabilitation of aging infrastructure.
The Town is committed to providing a reliable, high quality water supply and fire
protection for the Town's customers at a reasonable cost. Capital reserves are
imperative in order for the Town to ensure economic sustainability as a service provider.
In 2009, the Town of Fraser received $652,255.00 in American
Recovery and Reinvestment Act (ARRA) Funds for drinking water
' system improvements. These improvement projects greatly benefit
the community, and without ARRA funding customers would pay for
f the necessary improvements through increased utility rates.
Sanitary Sewer
The Town of Fraser owns, operates and maintains the sanitary sewer
collection system serving most properties within the Town (the Winter
Park Ranch Water and Sanitation District serves a small area within
Town). Prior to 2010, the Fraser Sanitation District (FSD) owned,
operated and maintained this system. The Town of Fraser established
the FSD as a special district on January 3, 1968 to facilitate financing
for a wastewater treatment plant. At that time, this financing was not
otherwise available to the community. Public finance is very different
now, and the Town and FSD discussed various forms of dissolution
over the years in order to coordinate services, avoid duplication of
efforts and improve service to their mutual constituents. On November
4, 2009, the FSD voters elected to dissolve the District and turn
operations over to the Town of Fraser. The District Court issued a F
Dissolution Order with the effective date of December 31, 2009. It is
the Town's goal to manage and operate the Town's sanitary sewer
system to provide for a safe and effective treatment of wastewater
at a reasonable cost to customers.
- 61 -COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Streets and Drainage
The Town of Fraser Public Works Department manages and maintains public streets
and drainage facilities within the Town. Currently, Public Works is conducting a Street
Surface Condition Survey to analyze the existing conditions of asphalt on the paved
public streets throughout town. The resulting data will assist in budgeting for
infrastructure management needs and Town assets.
Managing and maintaining the public streets includes the following: pothole repairs,
crack sealing, striping, traffic control devices such as signs and traffic signals, street
sweeping, snow management, surface and storm drainage facilities.
ROAD p. 4
WORK
AHEAD
Street design standards are necessary in order to provide for the minimum design and
technical criteria for the design and construction of streets, bridges, drainage utilities and
associated infrastructure within the Town of Fraser for the following reasons:
• To provide for streets of suitable location and width;
• To accommodate for prospective traffic loads;
• To provide adequate access for police, fire, EMS and road maintenance
equipment;
• To provide a corridor for utility infrastructure (i.e. water, wastewater, stormwater
drainage and other necessary utilities); and
• To coordinate street connectivity and design.
The Town of Fraser has adopted Minimum Design Criteria & Construction Standards for
Water, Sanitary Sewer, Streets and Roadways and Storm Drainage. The design and
construction of all associated infrastructure shall meet or exceed the criteria set forth
within said standards.
The standards are reviewed and revised annually in an effort to keep up with
changing industry designs and standards.
- 62 - COMPREHENSIVE PLAN 2010
ov, .
Public Safety
TOWN OF FRASER
Public Safety
- 63 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Public Safety
Law Enforcement:
Law enforcement services for the Town of Fraser are
provided by the Fraser/Winter Park Police Department.
The department was formed in 2005 by means of an
Intergovernmental Agreement (IGA) with the Town of
Winter Park. The Fraser/Winter Park Police
Department is a police agency with personnel assigned
to patrol, investigations, municipal court, animal control
and departmental administration.
The Police Department maintains effective working relationships with the Grand County
Sheriff's Office, which provides animal control and E911/dispatch services, and the
Granby Police Department, which provides mutual aid support in emergencies.
Fire Protection:
Fire protection for the Town of Fraser is provided by the East
Grand County Fire Protection District #4 (EGFD). Comprised of
approximately 32 volunteers and 5 paid employees, the East
Grand Fire Department is equipped to respond to both
structural and wildland fires anywhere within district
boundaries. The Fire Department also responds to vehicle
accidents and has a mutual aid agreement with Clear Creek, all
Grand County Fire Districts and Search and Rescue. In
accordance with Colorado Revised Statutes, a wildland fire that
exceeds the capabilities of the EGFD becomes the
responsibility of the Grand County Sheriff.
Emergency Medical Services:
The Grand County Emergency Medical Services Department (EMS) provides both
emergency and routine ambulance response in the Town of Fraser, and throughout
Grand County. Grand County EMS is fully equipped to handle almost any emergency
ranging from basic first aid to advanced emergencies requiring paramedic advanced life
support.
Grand County EMS also provides a Mountain Medical Response Team to provide
assistance during Search and Rescue Operations. Under their tiered life support system,
a staffed ambulance is stationed in Fraser.
Search & Rescue:
The Grand County Sheriff's Office is statutorily responsible for providing search and
rescue response within Grand County; as such, the Grand County Search and Rescue
(S&R) Team falls under the Sheriff's authority. Comprised entirely of volunteers, S&R is
available to respond to assist with finding someone who is lost and also provides timely
and safe evacuation of injured people who are located in areas where routine transport
is not possible.
- 64 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Emergency Preparedness:
All Town of Fraser employees are committed to preparing for and responding to
any emergency, whether natural or manmade. As such, employees have been
trained in the National Incident Management System and Incident Command System.
Further, a member of the Fraser/Winter Park Police Department serves as a
representative on Grand County's Local Emergency Planning Commission.
The Grand County Office of Emergency Management (OEM) is run by Grand County
EMS. It provides training, public information/notification and response to both small and
large scale emergencies within Grand County. They also administer Grand County's 211
system (Special Needs Registration for Disaster Assistance) and CodeRED Emergency
Notification System. The CodeRED system allows ultra high speed cellular phone or text
messaging to inform registered participants during an emergency or disaster affecting
Grand County.
The single greatest hazard to life and property in the Town of Fraser is wildfire. As such,
in 2007, the Town of Fraser joined with the Town of Winter Park, The East Grand Fire
Department and other organizations to produce the Upper Fraser Valley Community
Wildfire Protection Plan. This plan is the result of a community -wide planning effort that
included extensive field data gathering, compilation of existing documents, GIS data,
and analyses and recommendations designed to reduce the threat of wildfire -related
damages to values at risk.
- 65 - COMPREHENSIVE PLAN 2010
I
m�le�en�adcn � •
TOWN OF FRASER
Implementation
Strategies
Implementation of the Town of Fraser Comprehensive Plan requires a
commitment by the Planning Commission, Board of Trustees, Town staff and the
community in order to put the visions and goals into action.
The Comprehensive Plan will be implemented through a variety of actions to ensure that
the Town of Fraser reaches its stated goals:
Staff recommendations regarding land use decisions should be in
compliance with the Comprehensive Plan.
The Town will initiate projects outlined within the Plan as resources are
available. The Plan outlines many long term goals that may take years to
achieve.
The Comprehensive Plan itself shall be reviewed and updated regularly.
The Planning Commission and Town Board should participate in planning
workshops regularly to review and update components of the
Comprehensive Plan for intent, consistency, clarity and expressed
direction.
Utilize capital improvement planning as a tool to implement the goals and
strategies set forth in the Comprehensive Plan.
❖ Ensure that public facilities are properly designed and maintained and all
citizens receive quality public services in order to promote health, safety
and welfare.
The Town's Land Use regulations will be reviewed and updated regularly
to implement the goals of the Comprehensive Plan.
The Town will address growth with the intention of maintaining Fraser's
small mountain town atmosphere by maximizing the opportunities and
benefits associated with growth and development while minimizing and
managing its negative impacts.
- 66 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
- 67 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Appendix
Resources utilized in the preparation of the Plan:
Comprehensive Plan Town of Fraser 2003
Town of Fraser Community Plan, Volume I, November 1981
Town of Fraser Community Plan, Volume ll, Update, October 1986
2009 Fraser Community Survey and Survey Results
Community Plan for the Upper Fraser Valley, December 1979
Grand County Growth Coordination Plan,
Survey Results for the Town of Fraser, October 1996
Grand County Master Plan, April 1998
Grand County Master Plan — DRAFT COPY, August 2009
Fraser Valley Metropolitan Recreation District,
Parks, Trails, Open Space, and Pole Creek Golf Club Master Plan, February 2001
Housing Needs Assessment Grand County Colorado, November 2001
NWCCOG Transitions in Mountain Communities: Resort Economies and their Secondary Effects,
2006
Downtown Fraser Mixed -Use Block Design Study by Wolff Lyon Architects
A Time to Speak by Jeanne Manning
Demographer's Office, State of Colorado
Photo credit to the following people: Lynn Hanna, East Grand Fire Protection District, Susan
Stone, Catherine Trotter, Allen Nordin
All maps created by Jodi Flory, NWCCOG
Mapping generated by the Town of Fraser Geographic Information System by NWCOG.
These maps are based upon Grand County GIS and Assessor databases and have been
modified to more accurately reflect local conditions. They are provided for planning and
illustrative purposes only, and are not suitable for final design and construction purposes. The
property and mapping databases are subject to constant change, the accuracy and completeness
cannot be guaranteed. The Town of Fraser makes no warrantees or guarantees, either express
or implied, as to the accuracy or completeness of these maps, and accepts no liability arising
from any incorrect, incomplete, or misleading information contained therein.
Public input toward development of the Plan was initiated in 2009. Informal discussions were
also conducted at Town Board and Planning Commission meetings. Drafts of the Plan were also
sent out to over twenty people within the Fraser Valley, Fraser businesses, and Fraser residents
for review and comment.
- 68 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
PLANNING COMMISSION
RESOLUTION NO. 2010-02-01
A RESOLUTION OF THE FRASER PLANNING COMMISSION APPROVING AND
CERTIFYING TO THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AN
AMENDED COMPREHENSIVE PLAN (MASTER PLAN) FOR THE TOWN OF FRASER AND
SUCH ADDITIONAL TERRITORY AS INCLUDED THEREIN, AS AUTHORIZED BY
COLORADO REVISED STATUTES, AS AMENDED, SPECIFICALLY TITLE 31, ARTICLE 23,
PART 2.
WHEREAS, it is the duty of the Planning Commission of the Town of Fraser to adopt a
Comprehensive Plan (Master Plan), pursuant to Title 31, Article 23, Part 2 of the Colorado
Revised Statutes, as amended, for the physical development of the municipality, including
certain areas outside its boundaries; and
WHEREAS, the Planning Commission has prepared an amended Comprehensive Plan,
after making careful and comprehensive review and evaluation of present conditions and future
growth of the Town of Fraser, with due regard to neighboring territory; and
WHEREAS, said amended Comprehensive Plan is intended to replace the Town's
current Comprehensive Plan, as previously adopted and amended; and
WHEREAS, the Planning Commission has conducted one or more public hearings, duly
advertised as provided by law, at which were considered public comments.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN
OF FRASER, COLORADO, AS FOLLOWS:
1. That the Town of Fraser Comprehensive Plan (2010) attached hereto as Exhibit
"A" (including all maps and descriptive and other matter contained therein) shall be and is
hereby adopted by the Planning Commission as the amended Comprehensive Plan (Master
Plan) of the Town of Fraser, Colorado, to apply to all territory within the boundaries of the Town
of Fraser and those areas outside town as provided by C.R.S. 31-12-105(1)(e), and shall
constitute the whole of said Plan, subject to all conditions and authority as authorized by the
Colorado Revised Statutes, Title 31, Article 23, Part 2, as amended, and subject to final approval
by the Board of Trustees.
2. That the approval of said Plan by the Planning Commission shall be recorded on
a copy of said Exhibit "A" by the identifying signature of the chairman or secretary of the
Commission, and an attested copy thereof shall be certified to the Fraser Board of Trustees.
3. That the Board of Trustees of the Town of Fraser is urged to approve said
amended Comprehensive Plan (Master Plan).
- 69 - COMPREHENSIVE PLAN 2010
DULY MOVED AND ADOPTED BY THE TOWN OF FRASER PLANNING COMMISSION BY
THE AFFIRMATIVE VOTE OF AT LEAST TWO-THIRDS OF THE ENTIRE MEMBERSHIP OF
THE COMMISSION, This 24'h day of February, 2010.
FRASER PLANNING CO MISSION
BY: "'.1 ��y
Chair, Steve Sumrall
ATTEST:
Town Clerk
{ SEAL r
- 70 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
ORDINANCE NO. 364
Series 2010
AN ORDINANCE APPROVING AND ADOPTING AN AMENDED COMPREHENSIVE
PLAN (MASTER PLAN) FOR THE TOWN OF FRASER, AND SUCH ADDITIONAL
TERRITORY AS INCLUDED THEREIN, AS APPROVED, ADOPTED, AND
RECOMMENDED BY THE PLANNING COMMISSION OF THE TOWN OF FRASER.
WHEREAS, the Planning Commission and Board of Trustees of the Town of Fraser are
authorized to adopt a Comprehensive Plan (Master Plan), pursuant to C.R.S 31-23-206,
as amended, for the physical development of the municipality, including certain areas
outside it's boundaries; and
WHEREAS, the Planning Commission has prepared an amended Comprehensive Plan
after making careful and comprehensive review and evaluation of present conditions and
future growth of the Town of Fraser, with due regard to neighboring territory; and
WHEREAS, said amended Comprehensive Plan is intended to replace the Town's
current Comprehensive Plan, as previously adopted and amended; and
WHEREAS, the Planning Commission has conducted one or more public hearings, duly
advertised as provided by law, at which were considered public comments; and
WHEREAS, the Planning Commission has properly adopted such Comprehensive Plan
and recommended to this body that it adopt it as the Town of Fraser Comprehensive
Plan; and
WHEREAS, the Board of Trustees has reviewed said plan and has concluded that the
same should be adopted as the Comprehensive Plan for the Town of Fraser.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO AS FOLLOWS:
PART 1: ADOPTION OF PLAN
(1) The Board of Trustees hereby finds that the Town of Fraser Comprehensive Plan
(2010) (including all maps and descriptive and other matter contained therein), as
adopted and certified by the Planning Commission of the Town of Fraser pursuant to
Planning Commission Resolution No. 2010-02-01, was made and adopted as the
amended Comprehensive Plan (Master Plan) for the Town of Fraser in accordance with
the laws of the State of Colorado (specifically Colorado Revised Statutes, Title 31,
Article 23, Part 2, as amended).
(2) The Board of Trustees further finds that said Comprehensive Plan was made
with the general purpose of guiding and accomplishing a coordinated, adjusted and
harmonious development of the municipality and its environs which will, in accordance
with present and future needs, best promote health, safety, morals, order, convenience,
prosperity, and general welfare, as well as efficiency and economy in the process of
development, including, among other things, adequate provision for traffic, the promotion
of healthful and convenient distribution of population, the promotion of good civic design
and arrangement, wise and efficient expenditure of public funds, the adequate provision
for public utilities and other public requirements, and the promotion of energy
conservation.
- 71 -COMPREHENSIVE PLAN 2010
(3) The said Comprehensive Plan is hereby adopted as the amended
Comprehensive Plan (Master Plan) for the Town of Fraser, and said Comprehensive
Plan, as amended, is hereby certified to apply to all territory within the boundaries of the
Town of Fraser and to those areas outside the Town as provided by C.R.S. 31-12-
105(1)(e).
PART 2: SEVERABILITY. If any part, section, subsection, sentence, clause or phrase of
this Ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of this Ordinance and the Board of Trustees hereby
declares that it would have passed this Ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
PART 3: EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days
after publication hereof.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 14"' DAY OF APRIL, 2010.
Votes in favor: CO BOARD OF TRUSTEES OF THE
Votes opposed: TOWN QF FRASER, COLORADO
Votes abstained:
BY:
;�U-�
Fran Cook, Mayor
i r Attest:
Lu Berger, Town Jerk
(S E A L)
Published in the Middle Park Times on April 22, 2010.
- 72 - COMPREHENSIVE PLAN 2010
TOWN OF FRASER
Resolution Updating and Renewing the Three Mile Plan
(for future use if annual update does not result in any plan changes)
TOWN OF FRASER
RESOLUTION NUMBER
A RESOLUTION UPDATING AND RENEWING THE TOWN OF FRASER'S THREE
MILE PLAN, AS APPROVED BY THE FRASER PLANNING COMMISSION AND AS
AUTHORIZED AND REQUIRED BY COLORADO REVISED STATUTES.
WHEREAS, the Town of Fraser is required by C.R.S. 31-12-105(1)(e) to have in place a
plan prior to completion of any annexation within a three mile area from the existing
municipal boundaries and that the plan be updated and renewed at least once annually;
and
WHEREAS, the properties within the Three Mile Planning Area are identified on the
Three Mile Plan Map within the Comprehensive Plan of the Town of Fraser; and
WHEREAS, areas within the Three Mile Planning Area have been considered regarding
general land description, land use, utilities, transportation, community services, open
space, parks, and recreational amenities; and
WHEREAS, the Comprehensive Plan of the Town of Fraser addresses the requirements
of C.R.S. 31-12-105(1)(e)
WHEREAS, the Fraser Planning Commission extensively reviewed the Three Mile Plan
Component of the Comprehensive Plan and recommends no changes at this time.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO THAT THE THREE MILE PLAN COMPONENT OF
THE TOWN OF FRASER COMPREHENSIVE PLAN IS UPDATED BY ADOPTION OF
THE FRASER PLANNING COMMISSION RECOMMENDATION THAT NO CHANGES
BE MADE TO SAID PLAN AT THIS TIME.
DULY MOVED, SECONDED, AND ADOPTED THIS DAY OF 2010.
Attest:
Lu Berger
Town Clerk
No
TOWN OF FRASER
Mayor Fran Cook
- 73 - COMPREHENSIVE PLAN 2010
UPPER FRASER VALLEY WASTEWATER TREATMENT AGREEMENT
THIS AGREEMENT ("Agreement') is made and entered into by and between the
Fraser Sanitation District, the address of which is P.O. Box 120, Fraser, CO 80442,
(hereinafter referred to as "FS""), Winter Park West Water and Sanitation District, the
address of which is P.O. Box 1390, Fraser CO 80442, (hereinafter referred to as
"WPW"), and Grand County Water and Sanitation District #1, the address of which is
P.O. Box 3077, Winter Park CO 80482, (hereinafter referred to as "GC").
RECITALS:
FS and WPW, since 1980, have been operating under a cooperative Agreement,
the purpose and intent of which was mutually to benefit themselves and their inhabitants
by facilitating the joint construction and operation of interceptor sewer lines and sewage
treatment and disposal facilities, and to plan for their future expansion and the allocation
of costs thereof.
The relationship of FS and WPW, pursuant to the cooperative Agreement, has
been generally satisfactory.
GC provides wastewater treatment service through a separate collection sewer
system and an aerated lagoon treatment facility.
The three Districts have concluded that they can more effectively and efficiently
provide wastewater treatment service to their respective service areas by consolidating
ownership, operation and management of a new wastewater treatment plant to be
constructed on the existing plant site of the FS and WPW treatment facility north of
County Road 8 and a new and/or expanded gravity sewer trunk line from the GC lagoons
to a connection point with the existing FS/WPW interceptor line.
It is the desire of FS, WPW and GC to cooperate in the joint construction,
maintenance and operation of joint interceptor sewer lines and joint sewage treatment
facilities in a manner which will promote the harmonious and efficient provision of
service to their residents and accomplish the objectives of each.
The Constitution and laws of the State of Colorado permit and encourage local
governmental entities to cooperate with each other for the efficient performance of their
responsibilities.
A regional Wastewater Facilities Plan (the "201 Plan") has been prepared to
facilitate the development and specify the design of the Joint Facilities.
A Joint Plant Master Plan, as defined in Section 1.20, has been developed by
McLaughlin Water Engineers, Ltd., describing a build out of a 6 mgd sewage treatment
plant on the existing FS/WPW treatment plant site. The Districts desire to adhere to the
existing Joint PIant Master Plan attached as Exhibit 2.
The Board of Directors of FS, WPW and GC have each determined and hereby
declare that it will be economically desirable and in the best interest of each District and
the inhabitants therein and in the interest of the public health, safety and welfare to enter
into this Agreement.
The Joint Facilities which are subject to this Agreement are defined in Section l
below. The definition may be amended from time to time.
This Agreement shall supersede the Agreement between FS and WPW dated
February 19, 1980.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises contained
herein and for other good and valuable consideration, the parties agree as follows:
SECTION 1. DEFINITIONS
As used in this Agreement, the following words and phrases shall have the following
meanings:
1.1 "Agreement" is this Upper Fraser Valley Wastewater Agreement and any
amendment thereto.
1.2 "Annual Operations and Maintenance Budget" is an annual budget of
revenue, expenditures and capital replacement reserves prepared by the
Operating Superintendent, submitted to the Manager and the JFOC for
appropriate action, setting forth the revenue and expenditures reasonably
necessary to operate the Joint Facilities.
1.3 "Capital project" is the initial construction or future expansion of any Joint
Facilities.
1.4 "Capital Replacement" is a replacement of the Joint Facilities not deemed an
Operations and Maintenance Cost by the Operating Superintendent or having a
cost in excess of $50,000, increased annually by the CPI, or with a useful life
greater than ten years.
1.5 "Capital Replacement Reserve Fund" is the account established and
maintained under this Agreement the proceeds of which are to be used for
Capital Replacements.
2
1.6 "Connected EQRs" are that number of Reserved EQRs as defined below,
which a participating District, has connected to the Joint Facilities.
1.7 "CPP' is the Denver -Boulder -Greeley, Colorado metropolitan area Consumer
Price Index for All Urban Consumers.
1.8 "Design Engineer" is an engineer chosen by the Manager subject to approval
by the JFOC for the purpose of determining the feasibility of and designing an
expansion of the Joint Plant.
1.9 "District" or "Districts" are FS, WPW and/or GC as used singularly or
collectively.
1.10 "EQR" is an equivalent residential usage unit, sometimes referred to as a
Single Family Equivalent (SFE). Currently an EQR represents a maximum
day load of 270 gallons and 0.6 lbs BODS.
1.11 "Existing Facilities" are the facilities existing and jointly owned by FS and
WPW as of the date of execution of this Agreement that shall be incorporated
into the Initial Joint Facilities.
1.12 "Legal Interest" is each District's owned percentage interest of the Joint
Facilities and its Reserved Sewer Capacity in the Joint Facilities as each
District may own from time to time. f
1.13 "Excess Flow" is the number of gallons of wastewater per day that the
sewerage measured at the flow meter exceeds Connected EQRs multiplied by
the average wastewater use characteristics used to establish the current EQRs.
1.14 "Initial Joint Facilities" are the Joint Facilities as defined below up to 2.7
mgd. Any expansions of the Initial Joint Facilities shall be referred to as
"expansions."
1.15 "Joint Facilities" are the Joint Plant and Joint Trunk Lines collectively, any
related works or improvements, interceptors, or lift stations, and all personal
property and fixtures used in connection therewith.
1.16 "Joint Facilities Engineer" is McLaughlin Water Engineers, Ltd. for the
Initial Joint Facilities, or such other engineer as chosen subsequent to the
completion of the Initial Joint Facilities by the Manager subject to approval by
the JFOC.
1.17 "Joint Facilities Manager" (or "Manager") is the entity appointed by the
JFOC to oversee and manage the Joint Facilities. The Manager may be a third -
party selected by the JFOC including one of the Districts. The initial Manager
shall be the Fraser Sanitation District.
C
1.18 "Joint Facilities Oversight Committee" or "JFOC" is a nine -member
oversight committee comprised of three members of the Board of Directors of
each District appointed by the respective District. The committee is not a
separate political entity. Each member shall serve at the pleasure of the
District which appoints such member.
1.19 "Joint Facilities Subcommittee" or "Subcommittee" is a committee appointed
by the JFOC consisting of at least one member of the JFOC from each District.
1.20 "Joint Plant" is the initial 2.7 mgd Joint Wastewater Treatment Plant as it may
be expanded from time to time, and those metering stations deemed necessary
by the Manager to monitor the flow and infiltration into the Joint Facilities and
Joint Trunk Lines depicted on Exhibit 1 attached hereto.
1.21 "Joint Plant Master Plan" is the plan entitled "Fraser WWTP Master Plan"
prepared by McLaughlin Water Engineers, Ltd. and attached as Exhibit 2
hereto as amended from time to time.
1.22 "Joint Project Cost Account" is the project fund account for the Initial Joint
Facilities into which the Districts will deposit their contributions for the design
and construction of the Initial Joint Facilities.
1.23 "Joint Trunk Lines" are the following, as depicted on Exhibit 1 attached
hereto:
a. Line A, Joint Grand County/Fraser (Maryvale East Side Trunk),
from Grand County New Flow Metering Station to Manhole #19,
b, Line B, referred to as Replacement Trunk Thru Fraser, from
Manhole #19 to WPW Metering Station; and
C. Line C.
1.23 "Line C" is the existing 21 -inch outfall line or its replacement set forth on
Exhibit 1 attached hereto which transmits flows from the Districts to the
treatment facilities located north of Grand County Road 8.
1.24 "Operating Superintendent" is the superintendent appointed by the Manager.
1.25 "Operations and Maintenance Costs" (or "O&M Costs") are those expenses
attributable to operating and maintaining the Joint Facilities to be paid out of
the Annual Operations and Maintenance Budget. Operations and
Maintenance Costs may include direct administrative and billing labor costs,
professional fees (for attorneys, accountants, and engineering consultants
specifically engaged to provide services to the Joint Facilities), operations,
fines and penalties, management fees, repairs, and minor replacements; they
4
may not include such items as fees or salaries for an individual District's
Board of Directors, the cost of preparing an individual District's audit or
budget, or other separate expenses. The Operations and Maintenance Costs
will be reflected in the Annual Operations and Maintenance Budget.
1.26 "Operations And Maintenance Reserve Fund" is the fund containing three
months' operating expenses to provide for any shortfall in the revenues
collected necessary to fund the Operations and Maintenance gosts of the Joint
Facilities.
1.27 "Pre -sold EQR" is an EQR that is sold but is not contemplated to be connected
to the system within the next reporting period.
1.28 "Project Costs" are those costs necessary to complete the design and finish the
construction of the Joint Facilities, including engineering costs, jointly incurred
legal fees (not related to the negotiation and preparation of this Agreement),
201 Revision expenses, 1041 Plan expenses, Site Application expenses and
such other costs determined by the Manager. Such costs may be reviewed and
acted on by the JFOC in the same manner as the Annual Operations and
Maintenance Budget.
1.29 "Reserved EQR" is an EQR that a participating District elects to commit to the
Initial Joint Facilities or in any approved expansion of the Joint Facilities.
1.30 "Pump Back System" would be any facilities and trunk lines used to pump
outflows from wastewater treated by the Joint Plant Facilities to an upstream
location. The Pump Back System would not be a Joint Facility.
1.31 "Reserved Sewer Capacity" is each District's allocated share of the total
Reserved EQR capacity of the Joint Facilities as constructed from time to time.
1.32 "Ultimate Reserve Sewer Capacity" is that number of Reserved EQRs that
shall serve as the ultimate design capacity of the Joint Facilities.
SECTION 2. CONSTRUCTION OF INITIAL JOINT FACILITIES AND
EXPANSION
A. Joint Facilities Manager for Permitting, Design, Construction, and
Expansion of Joint Facilities
2.1 Joint Facilities Manager ("Manager"), FS shall be the Manager for the permitting,
design and construction of the Initial Joint Facilities and the operations and
maintenance of said Joint Facilities until such time as another Manager is appointed
by the JFOC under Section 4.7.1. The Manager shall have the authority to:
2.1.1 HirinE. Hire professionals such as engineers, lawyers and accountants to
provide services to the Joint Facilities. The JFOC or a subcommittee
thereof shall first review and approve said contracts prior to hiring by the
Manager except as otherwise specified herein.
2.1.2 Design and Construction. Let contracts for and supervise the design and
construction of the Joint Facilities. The JFOC must apprqve said contracts
and design.
2.1.3 Apply for, Accept Funding. Make application or coordinate the making
of applications for funding, including funding under an EPA grant or other
state or federal financial assistance, and accept funding that it deems
appropriate. WPW and GC agree by executing this Agreement to enter
into such applications or other documents if required.
2.1.4 Execute Contracts. Execute funding contracts including notes, bond
indentures, revolving bond documentation or grant documentation subject
to the approval by the JFOC.
2.1.5 Supervise Construction. Supervise the construction of the Joint
Facilities in conjunction with the JFOC Subcommittee.
2.1.6 Other Action. Take all other appropriate action for the funding,
construction, operation, maintenance, expenses or replacement of the Joint
Facilities reasonably necessary for the Manager to carry out the purposes
of this Agreement. This section shall not supersede, or be construed to
grant any powers to the Manager specifically Iimited by this or other
sections of this Agreement.
B. Planning, Design and Construction of Initial Joint Facilities
2.2 Joint Plant Master Plan of Joint Facilities. McLaughlin Water Engineers, Ltd.,
prior to creation of this Agreement, has prepared a Joint Plant Master Plan for the
Joint Facilities. FS and WPW have relied on the Joint Plant Master Plan in
proceeding with the expenditure of funds to acquire the treatment plant site and
easements necessary for the construction and use of certain Joint Trunk Lines.
All Joint Facilities, including expansions, shall be required to conform to the Joint
Plant Master Plan.
2.3 Initial Plant and Trunk Construction. GC acknowledges that FS and WPW
have begun to design the Joint Facilities and agree as follows:
2.3.1 Documents. If not already completed, the Engineer is authorized to
complete all design drawings suitable for bidding for the construction of
1.1
the Joint Facilities. The cost of the work described in this paragraph are
Project Costs.
2.3.2 Reimbursement of Sums Paid. FS, WPW and GC have previously
entered into an Agreement relating to the design of the Joint Facilities.
These costs shall be Project Costs and will be billed, if not already billed
and paid, in the initial Project Cost billings by the Manager.
2.3.3 Authority to Bid and Construct Joint Facilities. WPW and GC
authorize the Manager to bid the Joint Facilities. After review and
approval of the bids by the JFOC or Subcommittee the Manager can
proceed to accept the appropriate bid and proceed with construction.
2.3.4 Assurance of Payment. Each District, prior to the Manager advertising
for bids or issuing a Notice to Proceed, must satisfy the other Districts that
it has adequate funding, or will have adequate funding, to pay its Project
Costs or the Manager shall not proceed. Such evidence of financing may
take the form provided in Section 2.4.3.1, 2.4.3.2 or 2.4.3.3 infra.
C. Expansion of Joint Facilities
2.4 Procedure for Increased Capacity. It is understood and agreed that if FS, GC or
WPW or any combination thereof find it necessary or desirable to have the
sewage plant capacity increased to obtain greater reserved sewer plant capacity,
have the Joint Trunk Lines expanded or new trunk lines added, excluding the
replacement of Line C, which will be dealt with as provided in Section 2.8 below,
the Manager with the authority as set forth in Section 2.1 above, shall proceed as
set forth below. No party may request an expansion that would exceed the limit
of Ultimate Reserve Capacity, as amended from time to time and as shown on
Exhibit 3. Any District may request an increase by the following procedure:
2.4.1 Notice Requirements. The Board of Directors of such District requesting
an increase will give notice in writing to the Board of Directors of the
other Districts and to the Manager of the necessity or desirability of
increasing the plant capacity. Such increases must be in minimum
increments of 1.0 mgd.
2.4.2 Joint Meeting. The Board of Directors of the District receiving the notice
shall within 60 days review that notice and advise the Board of the
initiating District and the Manager whether the receiving District also
desires an increase in plant capacity. The Districts shall establish a date,
time and location for a joint meeting of the Boards of Directors to
determine the approximate increase in the sewage plant required by each
District and if unable to agree then said meeting shall be at the Fraser
Town Hall on the first Monday, after the 60th day. At such meeting, the
Manager shall be authorized, within a reasonable time, to cause to be
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prepared an engineer's report to show the exact amount of the increase and
the estimated cost of such Expansion. The Manager shall designate an
engineer for the project to prepare such report. The cost of the engineer's
report shall be shared in the allocated proportion each District would have
of the total additional Reserved EQRs in the proposed expansion.
2.4.3 Second Joint Meeting. The participating Districts shall establish a date,
time, and location for a second joint meeting to be held not later than 30
days from the receipt of the engineer's report. At such meeting, the
participating Districts shall determine the exact increase of the plant
capacity required, and each District shall have 60 days thereafter to
provide satisfactory evidence of its financing of it's share of the expansion
in the form of:
2.4.3.1 Bonds. A certified copy of the resolution authorizing the
necessary general obligation bonds and a firm commitment
from a reputable underwriter to purchase the bonds or act
as broker in the sale of the same. In the event an election is
necessary to approve the issuance of these bonds, the
District shall hold that election as soon as possible
consistent with applicable law.
2.4.3.2 Current Funds. In the event a District determines to
provide its financing out of current funds, it shall provide a
statement from its auditor that in the auditor's opinion,
there will be funds available for the participating District to
use at such times as it must draw upon them.
2.4.3.3 Funding by the Manager or Joint Funding. In the event
that the Manager can facilitate the funding of the entire
project (through State Revolving Fund loans, a bond issue
or similar means, or grants), then a contract to assure
payment of each District's share of principal and interest
shall be signed if agreed to by all parties.
2.4.4 Contracting for Construction. The Districts who elect to participate in
the expansion (the "Participating Districts") shall enter into a written
Agreement with each other (the "Expansion Agreement"). The Expansion
Agreement shall set forth, at the minimum, the scope of the expansion, the
cost thereof, including the proposed design and construction cost, the
engineering and design of the expansion, the bidding of a contract for the
expansion, the contract with the expansion contractor, the pro rata amount
of all Districts' respective financial participation, and a detailed
description of how the Participating Districts will fund their respective
participation. When the Participating Districts have arranged for financing
and have concluded the Expansion Agreement, the Manager, after
approval from the JFOC which approval shall be considered at a special
meeting following the notice requirements set forth in Section 4.6.5.2
Special Meetings , shall let bids for the design and, thereafter, for the
construction of the expanded Joint Facilities. Voting and quorum
requirements shall follow the rules set forth in Sections 4.6.3 and 4.6.5.3
2.4.5 Payment for Construction. The Participating Districts agree to pay for
Reserved Sewer Capacity in the expanded Joint FacilitiFs at the time the
monies are required to pay for the construction or other acquisition of such
Joint Facilities. The Manager shall prepare Project Cost billings for the
expansion of the Joint Facilities, which will be due upon receipt.
2.4.6 Electing Not to Participate. In the event a District chooses for any
reason not to participate in the proposed expansion, the other Participating
Districts shall retain an absolute right to go forward with their proposed
expansion, and shall retain the entire increase in capacity achieved
thereby. Each District's Legal Interest will be adjusted in accordance with
the examples set forth in Exhibit 5 and as described in Section 2.5. A
District which is not a Participating District may still vote on the JFOC's
consideration of matters related to the expansion. A District which elects
not to participate in a particular expansion shall not be precluded from
participating in subsequent expansions of the Facilities.
2.5 Capital Proieet Cost Allocation of Expansion. Capital Project Cost allocations
for future Joint Plant and Joint Trunk Line expansions shall be calculated and
allocated between the Districts as set forth in Exhibit 4.13.2 and Exhibit 5.6.2.
2.6 Expansion Beyond the Joint Plant Master Plan. Once the Joint Plant has been
expanded to 6.0 mgd under the Joint Plant Master Plan and is operating at 80%
capacity, the Manager, subject to approval by the JFOC, shall hire a Design
Engineer to prepare an amendment to the Joint Plant Master Plan indicating the
feasibility of increasing the Joint Facilities capacity beyond 6 mgd at that Joint
Plant site, including required trunk modifications and replacements, estimating
costs and recommending modifications to the allocation of costs between the
Districts if the expense and/or complexity of the Joint Plant Master Plan
amendment renders cost allocation under this Agreement unfair or inappropriate.
Such amendment shall be approved by Directors of the Boards of FS, WPW, and
GC. The vote for such amendment shall follow the procedures outlined in Section
5.1.2.
2.7 Mandated Upgrades. The cost of any upgrades to the Joint Facilities mandated
by state or federal governmental procedures, rules or regulations shall be
calculated and allocated between the Districts as set forth in Exhibit 4.13.2 and
Exhibit 5.13.2. All Districts must participate in the cost of such mandated
upgrades.
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D. Replacement of Line C
2.8 Line C Replacement. Line C, an existing 2l -inch trunk line, is predicted to have
adequate capacity for the initial project. WPW and FS are contributing the initial
Line C to the Joint Facilities in exchange for the Agreement by GC that upon any
expansion of the Reserved Sewer Capacity in the Joint Facilities, which will cause
a recommendation by the Joint Facilities Engineer designing the expansion to
increase the Line C size, GC will pay all Project Costs to have Line C designed
and upgraded or replaced to accommodate the total Ultimate Reserve Sewer
Capacity as set forth in Exhibit 3 attached hereto. Such upgrade or replacement
cost shall not be included in any equity calculation relating to the Joint Facilities
but shall be a separate and discreet cost of GC. Upon completion of the upgrade
or replacement of Line C, Line C shall be a part of the Joint Facilities, ownership
shall be in the same percentage that exists for the other Joint Facilities and all
Districts shall participate in future repair, replacement or upgrade projects in
proportion to their Reserved Sewer Capacity.
SECTION 3. OWNERSHIP OF AND CAPITAL PROJECT COST
ALLOCATIONS OF JOINT FACILITIES
A. Title and Legal Interest in Joint Facilities
3.1 Title to Joint Facilities. Title to the Initial Joint Facilities shall be vested in FS,
WPW and GC in accordance with their respective Legal Interest after completion
of the Initial Joint Facilities. FS, GC and WPW shall own the Legal Interests in
the Initial Joint Facilities as calculated on Exhibits 4 & 5. Upon completion of the
initial and any major plant expansion, these Legal Interests will be recalculated
and the deed to the real property shall be amended to reflect these changes in
Legal Interests.
3.2 Legal Interest in Initial Joint Facilities. Each District's percentage of the total
Reserved Sewer Capacity in the Initial Joint Facilities will constitute that
District's Legal Interest in the Initial Joint Facilities.
3.3 Ownership Rights to and Repair of Fraser Sanitation District Lines. The
District's recognize that the lines transiting through the Fraser Sanitation District
are unique in nature because they serve as both collection lines for the Fraser
Sanitation District and combined Joint Trunk Lines for the Joint Facilities. As
such, it is agreed by all District's that the lines within the Fraser Sanitation
District boundaries will forevermore be the sole property of the Fraser Sanitation
District. Except as to replacement of Line C as discussed in Section 2.8 above,
other Districts using and contributing to the cost of the lines shall own Reserved
Sewer Capacity in these lines as calculated in Exhibit 3 and Exhibit 5, which shall
be equal to their respective percentages of their contributions to the total
contributed capital. In addition, as a byproduct of this arrangement, FS shall
ILl
always have the right to alter or repair any section of these lines and pay for any
costs associated therewith. The other Districts owning Reserved Sewer Capacity
in these lines agree to pay any bills submitted by FS for such changes or repairs in
the proportion of their Reserved Sewer Capacity.
3.4 Sale of Equity in Existing Facilities for Use in Joint Facilities. FS and WPW
currently own and operate the existing treatment plant and the current plant site
and the easements in which Line C is located (the "Existing kacilities"). The
ownership is FS 46.49% and WPW 53.51%. Both FS and WPW have agreed to
contribute the current plant to the Joint Facilities for a value for the purposes of
this Agreement of $800,000 and the plant site and easements for the value paid to
acquire the same in condemnation of $200,000. GC shall pay to FS $154,970 and
WPW $178,370 as payment for its initial Legal Interest in the Initial Joint
Facilities which interest shall become effective upon completion of the Joint
Facilities. Payment shall be made in two equal installments. The first installment
shall be paid upon the recording of the deed reflecting GC's Legal Interest in the
Existing Facilities. The second installment shall be made on or before the date of
substantial completion of the Initial Joint Facilities. No interest shall accrue on
the second installment. This total payment of $333,340 shall be used to calculate
GC's Legal Interest upon the completion of the Initial Joint Facilities under
Exhibit 4. It is agreed by all Districts that GC is acquiring legal title only and not
any rights to capacity in the existing facility. These reserved capacities will be
recalculated and transferred to GC when the Initial Joint Facilities become
operational.
B. Cost of and Reserved Capacity in Initial and Ultimate Joint Facilities
3.5 Initial and Ultimate Joint Plant Ownership, Reserved Sewer Capacity and
Ultimate Reserve Sewer Capacity. The Legal Interest after construction of the
initial expansion, the Reserved Sewer Capacity in the initial expansion and the
Ultimate Reserve Sewer Capacity in the master planned plant facility are reflected
in Exhibit 3.1.
3.5.1 Payment Obligations. Each District shall contribute an amount equal to
its change in equity in the plant before and after the initial 2.7 mgd
expansion. Such contribution shall be calculated as follows:
3.5.1.1 Legal Interest After Proiect Completion. The amount of Legal
Interest each District shall have in the Joint Plant after completion
is calculated by multiplying each District's Reserved Sewer
Capacity in the initial Joint Plant by the total value of the Joint
Plant after completion. For illustration purposes the total value of
the Joint Plant is projected to be $9,900,000 ($8,900,000 estimated
for the Project Costs plus $1,000,000 for the agreed upon value of
the existing facilities), as demonstrated in Exhibit 4.A.2(b). The
11
actual Project Costs will be substituted for the estimated Project
Costs.
3.5.1.2 Legal Interest Prior to Completion. FS and WPW have a Legal
Interest in the existing plant as set forth in Exhibit 4.A.2(a). .
3.5.1.3 Cost Allocation. The costs shall be allocated to each District by
subtracting the dollar amount of each District's 4gal Interest prior
to completion from the dollar amount of the each District's Legal
Interest in the project after completion as set forth in Exhibit
4.B.2(c).
3.5.1.4 Billine and Payment for Project Costs. The Manager shall bill
regularly for Project Costs to each District and payment is due
upon receipt of the billing. Payment shall be made to the Joint
Project Cost Account.
3.6 Initial Joint Trunk Lines. The Legal Interest after construction of the Initial
Joint Facilities, the Reserved Sewer Capacity therein and the Ultimate Reserve
Sewer Capacity in the master planned trunk lines are reflected in Exhibit 3.II.
3.7 Adiustment to Costs. The parties acknowledge that the payment obligations for
the initial Joint Plant and Joint Trunk Lines set forth above are initial estimates
only and will be adjusted to reflect actual Project Costs.
3.8 Depreciation. Each District shall depreciate the treatment facilities at the rate of
two and one-half percent (2'/t%) per year, and one and one quarter percent
(1.25%) per year for Joint Trunk Lines.
C. Expansion of Joint Facilities
3.9 Ultimate Reserve Sewer Capacity. The Joint Facilities may be expanded to the
maximum Ultimate Reserve Sewer Capacity under the Joint Plant Master Plan
governing the expansion of the Joint Facilities. The master planned Ultimate
Reserve Sewer Capacities at the time of signing this Agreement are set forth in
Exhibit 3.
SECTION 4. OPERATION AND MAINTENANCE OF JOINT FACILITIES AND
COST ALLOCATIONS
A. Joint Facilities Manager ("Manager")
4.1 Joint Facilities Manager ("Manager"). FS shall be designated the initial
Manager for the operations and maintenance of the Joint Facilities. For every
action that may be reviewed by the JFOC in accordance with the terms of this
Agreement, the Manager shall submit a preliminary proposal (identified as
12
"preliminary" on the first page of the proposal) to the JFOC for its review and
comment at least 30 days prior to submission of the final proposal (identified as
"final" on the first page of the proposal) for approval by the JFOC. The Manager
shall consider the comments of the JFOC to the preliminary proposal in its
preparation of the final proposal. The Manager shall:
4.1.1 Qperating Superintendent. Appoint an Operating Superintendent to
supervise to perform the responsibilities described in SeFtion 4.D of this
Agreement. The Operating Superintendent shall have a valid current
license of the type required by the Joint Plant Discharge Permit, The
JFOC shall be consulted prior to the final selection of the Operating
Superintendent and the Manager shall consider the JFOC's comments
prior to final selection. After consideration of any objections the Manager
shall make the selection. The Operating Superintendent shall be an
employee of the Manager and shall have the responsibilities set forth
below. The initial Operating Superintendent shall be Joe Fuqua.
4.1.2 Annual Operations and Maintenance Budget. Receive and review the
Annual Operations and Maintenance Budget submitted by the Operating
Superintendent. The Manager shall provide a copy of the Budget to the
JFOC sufficiently in advance of the time necessary to permit the
individual Districts to include the Annual Operations and Maintenance
Budget, after action by the JFOC in each District's own budget. The
Manager shall follow the procedures for JFOC budget approval outlined in
Section 4.7.2.
4.1.3 Capital Construction. Work in conjunction with the JFOC or its
Subcommittee to monitor the course of construction on capital contracts
issued for the Joint Facilities.
4.1.4 Rules and Regulations and EQRs.
4.1.4.1 Rules and Regulations. Propose Rules and Regulations to govern
the operation and maintenance of the Joint Facilities, including
Rules and Regulations relating to the availability of service from,
the connection with, the use of, the disconnection from, infiltration
in, prohibited discharge to and industrial wastes. The Rules and
Regulations may be amended from time to time and must be
approved by the other participating Districts through the JFOC as
described in Section 4.7.5.
4.1.4.2 Characteristics of EQRs. Amend the EQR schedules from time
to time as historic use data are obtained. The characteristics
defining an EQR shall be the average wastewater use
characteristics of a single-family home. The EQR schedules as
13
initially established are set forth in Exhibit 6 attached hereto and
may be amended from time to time as described in Section 4.7.5.
4.1.4.3 Discharge Permit. FS, WPW and GC agree to obtain a joint
discharge permit for the Initial Joint Facilities and later Expanded
Facilities. The Manager shall operate the Initial Joint Facilities and
Joint Facilities consistent with the discharge permit. All parties
listed on the discharge permit agree to be resppnsible for their
prorata share of any fees, fines, or other costs resulting from the
discharge permit obligations. Prorata share shall be defined as
each District's proportional share of Connected EQRs.
4.1.5 Joint Accounts. The Manager shall follow Generally Accepted
Accounting Principles in accounting for all costs of the Joint Facilities. At
a minimum, the accounting system for the Joint Facilities Costs shall
provide that costs be recorded into the following cost categories:
a. Joint Plant, including site and the existing WPW and the
new GC metering stations.
1. Operations and Maintenance
2. Capital Projects
3. Capital Replacements
b. Joint Trunk A.
1. Operations and Maintenance
2. Capital Projects
3. Capital Replacements
C. Joint Trunk B.
1. Operations and Maintenance
2. Capital Projects
3. Capital Replacements
d. Joint Trunk C.
1. Operations and Maintenance
2. Capital Projects
3. Capital Replacements
4.1.6 Operations and Maintenance.
4.1.6.1 Fees, The Manager will set Operations and Maintenance basic
fees based on Connected EQRs. Fees for each category shall be
established during the Joint Facilities budget process. In addition
to the basic fee, an excess fee for processing costs due to excess
infiltration, any material change in raw wastewater temperature or
any material increase in wastewater strength shall be charged to
14
each District in proportion to the amount attributable to such
District. The fees shall be allocated to each District as set forth in
Section 4.9.
4.1.6.2 Operations and Maintenance Reserve Fund. The Manager shall
establish, accumulate and maintain an Operations and
Maintenance Reserve Fund. Such reserves shall be accumulated
by regular monthly charges and shall be adequate for the payment
of three months' Operations and Maintenance Costs. The initial
contributions to the fund shall be made over a three-year period
from the date of the first joint billing of Operations and
Maintenance Costs.
4.1.6.3 Plant Capacity Evaluation. The parties agree to evaluate the
useable capacity in the plant five years after the initial date the
plant begins operations or at any point in time when any District
reaches 80% of its Reserved Sewer Capacity. The process shall
involve the Manager and the JFOC whom together shall evaluate
and consider whether Operations and Maintenance fees and/or
plant capacity should be adjusted to account for seasonal variations
in the strength of wastewater and flow delivered to the Joint
Facility in addition to Connected EQRs. To facilitate this analysis,
the parties agree that the Manager shall maintain such records as
will allow them to determine the seasonal variations in the strength
of wastewater and flow contributed to the Joint Facility by each of
the Districts as well as the fixed and variable costs of operating the
Joint Facility. Each of the Districts agrees to conduct an EQR
analysis with their respective District to determine as accurately as
possible the actual gallons of wastewater and flow generated on a
per EQR basis. The parties further agree to evaluate and consider
the most accurate and fair manner in which each District shall
determine if an expansion of the Joint Facility is necessary to
provide wastewater treatment to its service area, including without
limitation the ratio of Connected EQRs then in use to Reserved
EQRs and the percentage of Reserved Sewer Capacity then in use
by the District considering expansion. The Manager and the JFOC
shall utilize the Joint Facilities Engineer to assist in this evaluation.
Within one year of the date of this Agreement and, thereafter,
when any District reaches 80% of its Reserved Sewer Capacity,
the Manager shall contract with an independent engineer to
conduct an independent analysis of Connected EQRs in each
District and shall report the findings to the JFOC. The JFOC may
direct the Manager to contract for additional independent audits at
any time,
15
4.1.7 Capital Replacements.
4.1.7.1 Fees. A Capital Replacement Reserve shall be accumulated by
regular monthly fees in an amount equal to 1/121h of the amounts
identified for capital replacements in the Capital Replacement
Reserve Study prepared annually pursuant to Section 4.1.7.3.
Capital Replacement Costs are allocated to each District based
upon that District's Reserved Sewer Capacity in the Joint
Facilities.
4.1.7.2 Capital Replacement Reserve Fund. The Manager shall
accumulate and maintain a reasonable reserve for the current
Reserved Sewer Capacity Capital Replacements. All funds
accumulated for reserves shall be kept in a separate bank account,
segregated from the general operating funds. Separate sub
accounts will be maintained detailing each District's accumulated
contributions and annually interest will be apportioned to each
District's balance in the account.
The Manager shall prepare the initial Capital Replacement Reserve
Study as set forth below which shall be completed to coincide with
the date the Joint Plant becomes operational. The Capital
Replacement Reserve Study shall be prepared annually thereafter.
The balance of the Capital Replacement Reserve Fund shall be
determined by the JFOC for the respective Joint Facility for which
such account is maintained. The Manager shall determine
expenditures from the reserve funds subject to the approval of the
JFOC for any expenditure greater that $50,000, increased annually
by CPI, if reserves are inadequate for any reason, including
nonpayment by any District, the Manager may levy a further
assessment, which will be a charge against each District in
proportion to their respective Reserved Sewer Capacity on the date
of assessment. Such special assessments are due when the billing
in which it is included is due. The Manager shall serve notice of
any such further assessments on all Districts by a statement in
writing giving the amount and reasons therefore, and such further
assessments shall, unless otherwise specified in the notice, become
effective with the next monthly billing
4.1.7.3 Capital Replacement Reserve Study. The Manager shall prepare
a study of the Capital Replacement Reserve Account requirements.
The cost of the study shall be considered part of the operating
expenses of the Joint Facilities. The study required by this section
at a minimum shall include:
V
a. Anticipated Maintenance and Replacements.
Identification of the major components which the Districts
are obliged to repair, replace, restore or maintain, which as
of the date of the study have a remaining useful life of less
than 30 years;
Useful Life. Identification of the probable remaining
useful life of those components of the, Joint Facilities
anticipated to be replaced or restored;
C. Cost Estimate. An estimate of the cost of replacement or
restoration of each component identified during and at the
end of its useful life; and
Annual Contribution. An estimate of the total annual
contribution necessary to defray the cost to replace or
restore each component during and at the end of its useful
life, after subtracting total reserve funds as of the date of
the study.
4.1.7.4 Inclusion in Legal Interest Calculations. It is understood by FS,
GC, and WPW that depositing funds into these reserves will affect
the recurring calculation of each District's Legal Interest in the
Joint Facilities at the time they are expended. When expended the
Legal Interests shall be adjusted as described in Exhibit 4 as if
there had been a Joint Facility expansion.
4.1.8 Monthly Billing. The Manager shall bill for the Operations and
Maintenance fees described in Section 4.1.6.1 and the Capital
Replacement fees described in Section 4.1.7.1 monthly. Payments shall be
due upon receipt of the bill. Billing statements shall reflect a charge for
operations and maintenance and capital replacement for each facility. If
payment is not made within 30 days of receipt of the bill the Manager
shall charge 1% per month on the unpaid balance. Joint Facility costs
shall be billed to each District on a monthly basis once the Joint Plant is
operational.
4.1.9 Liens and Encumbrances. The Manager shall keep the Joint Facilities
and related assets free and clear of all liens and encumbrances.
4.1.10 Ultimate Users. The Manager shall have no obligation to bill or collect
fees from any ultimate user of wastewater services.
4.1.11 Fees in Respective Service Areas. Nothing in this Agreement shall
preclude a District from assessing any fees for service in its respective
service area additional to the fees assessed by the Manager.
17
4.1.12 Infiltration. The Manager shall keep the JFOC informed on a regular
basis regarding infiltration levels.
4.1.13 Bonding. The Manager shall be bonded. The amount of the bond shall be
reviewed and set annually by the JFOC. The cost of bonding shall be
included in the operating budget.
4.1.14 Permits and Taxes. Make or arrange for all payments required by
permits, contracts and other Agreements related to operating the Joint
Facilities and pay all taxes, assessments and like charges affecting
operations of the Joint Facilities.
4.1.15 Financial Records. Keep and maintain all required accounting and
financial records necessary or incident to operating the Joint Facilities in
accordance with customary procedures in the field of wastewater
treatment. Each of the Districts shall further have the right, at any time
during regular business hours, to review and inspect the accounting,
financial and billing records maintained by the Manager or the Operating
Superintendent.
4.1.16 Insurance. Obtain and maintain insurance customarily maintained by
similar public utilities, which insurance shall identify all the Districts as
insureds and shall be in an amount, as determined by the Districts,
sufficient to reimburse the Districts for all damages and costs incurred by
them in the event of negligent and, if possible, intentional malfeasance of
the operator. The obtaining or maintaining of insurance shall not be
construed to waive or otherwise impact the governmental immunity on
any District.
4.1.17 Emergency Repairs. The Manager may cause to be made those repairs
deemed to be necessary by him, the cause of which materially threatens
the operations of the Joint Facilities. In the event such an emergency
repair arises, the Manager shall have the authority to hire a contractor(s) to
make emergency repairs or acquire needed parts, materials, and equipment
to restore the Joint Facilities to operational condition. The Manager shall
advise the Districts of the emergency repairs within 7 business days of the
emergency.
4.l .18 _Reserved Sewer Capacity Reporting. Advise a District if that District is
approaching 80% of its Reserved Sewer Capacity.
4.1.19 Billine. Perform all tasks necessary to compile, issue and track the billing
for all Districts with connected EQRs on a monthly basis for the fees set
forth in Section 4.1.8 above.
18
B. Districts' Obligations
4.2 Extension of Services. Each District may extend sewer services to customers or
users within or without its own corporate boundaries as presently existing or
hereinafter constituted, without approval of the other Districts; provided,
however, that no such extension of services is permitted unless such District has
the necessary excess Reserved Sewer Capacity to provide those customers or
users service.
4.3 Existing Capacities. No District shall have the right to utilize, in any manner,
the proprietary capacity of another District without the written consent and
Agreement of the District which owns such capacity.
4.4 Quarterly Reporting of EQRs. Each District shall quarterly report to the others
the number of EQRs it has sold during the preceding quarter under the terms of
this Agreement, including Pre -sold EQRs. Additionally the Manager shall on a
tri -annual basis require the Joint Facilities auditor to audit the EQR accounts of
each District and each District shall cooperate with the auditor. Each District may
review the EQR calculations of the other Districts.
4.5 Rules and Regulations. Each District shall establish and enforce Rules and
Regulations concerning the use of the system by its customers or users that reflect
the Rules and Regulations established by the Manager under Section 4.1.4 above
and are consistent with the rules and regulations of any and all state and federal
agencies having jurisdiction over their operations.
C. Joint Facilities Oversight Committee
4.6 Establishment of Joint Facilities Oversight Committee.
4.6.1 Creation. There is hereby created and established the Joint Facilities
Oversight Committee (`JFOC").
4.6.2 General Purpose. The JFOC shall he established as an oversight
committee to represent the three Districts generally for the purposes of
constructing, expanding, operating, managing and maintaining the Joint
Facilities for the benefit of the Districts, and communicating with the Joint
Facilities Manager.
4.6.3 Composition and Quorum The JFOC shall be composed of nine
Members. Three Members shall be appointed by each of FS, WPW and
GC. Each Member shall serve on the JFOC at the pleasure of his / her
appointing District. Each Member shall have one vote on all matters to
come before the JFOC. The names of the initial Members are set forth in
the attached Exhibit 7. Each District may permit any member of its Board
not appointed to the JFOC to act as an alternate at any meeting of the
19
JFOC. All official business of the JFOC shall be conducted only during
such regular or special meetings at which at least six of the nine members
are present. Proxies are not permitted. Attendance is required to vote on
any issue. If a quorum is not present at any meeting the members present
shall continue the meeting to a date and time certain not longer that 15
days from the original meeting.
4.6.4 Compensation. Members shall or shall not receive cpmpensation for
their services as determined by the individual District appointing such
member.
4.6.5 Meetings.
4.6.5.1 Regular Meetings. Regular meetings of the JFOC shall occur not
less than semiannually, at a specific time and place to be
determined by the JFOC with such notice as required by Section
32-1-903 of the Colorado Revised Statutes as now enacted or as
hereafter reenacted or amended.
4.6.5.2 Special Meetings. Any District may call special meetings of the
JFOC at any time, and it shall thereupon be the duty of such
District to cause notice of such meetings to be given as hereinafter
provided. The District calling such meeting shall inform the other
Districts of the date, time, and place of such special meeting, and
the purpose for which it is called, by mailing written notice thereof
to each District, postage prepaid, at least seven (7) days prior to the
special meeting and by posting notice as provided in Section 32-1-
903(2) of the Colorado Revised Statutes as now enacted or as
hereafter reenacted or amended. Special meetings of the JFOC
shall be held at such time and place reasonably convenient to all of
the Members and shall be fixed in the Notice. Attendance of a
Member at any meeting of the JFOC shall constitute a waiver by
such Member of notice of such meeting, except when such
Member attends such meeting for the express purpose of objecting
to the transaction of any business because the meeting is not
lawfully convened.
4.6.5.3 Votin . JFOC Members shall have one vote on all matters to
come before the JFOC. All measures voted on by the JFOC must
pass based on the table below and including a minimum of one (l)
affirmative vote from each District, except in the event that one
District fails to attend JFOC meetings duly noticed pursuant to
Sections 4.6.5.1 and 4.6.5.2 of this Agreement or a meeting
continued or rescheduled pursuant to Section 4.6.5.4. Failure to
attend a meeting called under the process identified in either
20
4.6.5.1, 4.6.5.2 or 4.6.5.4 shall cause the District failing to attend
to forfeit it's right to vote on the issues at said meeting:
Members in Attendance Affirmative votes required
to pass
6 5
7 5
8 6
9 6
Failure to take affirmative action on an item after two votes in two
separate meetings shall cause the matter at question to be
considered under Section 5, Dispute Resolution,
4.6.5.4 Continuation and /or rescheduling. Regular or special meetings
may be continued to a date, time and place certain by the JFOC.
Also at the written request of any Board a regular or special
meeting shall be rescheduled to a date and time certain not longer
than 15 days from the originally scheduled meeting. Such request
must be received by the other two Boards three days prior to the
originally scheduled meeting. Only one such rescheduling shall be
granted for each District for each regular or special meeting and
the District requesting rescheduling shall be required to provide
proper notice for such rescheduled meeting according to the
procedures set forth above.
4.6.5.5 Oven Meetings. Meetings of the JFOC shall comply with the
Open Meetings Law (24-6-401, et seq. of the Colorado Revised
Statutes as now enacted or as hereafter reenacted or amended).
Records of the JFOC, the Manager and the Superintendent shall be
subject to the Open Records Act (24-72-201, et seg. of the
Colorado Revised Statutes as now enacted or as hereafter
reenacted or amended).
4.6.5.6 Secretary. The JFOC shall appoint a Secretary, who may not be a
member, to prepare minutes and to maintain the official records of
the JFOC. The Secretary shall be compensated for his or her
services.
4.7 Duties of Joint Facilities Oversight Committee. The Joint Facilities Oversight
Committee shall:
4.7.1 Appoint a Manager. The JFOC shall appoint a Manager to manage,
direct and control the operations of the Joint Facilities and coordinate
construction of new Expansions and do all other acts reasonably necessary
to maintain the Joint Facilities. The initial Manager shall be the Fraser
21
Sanitation District. The JFOC shall enter into such compensatory
arrangements with the Manager as it deems necessary. A new Manager
may be designated by the JFOC at year intervals. The old Manager shall
continue to serve until the new Manager has been selected. The Manager
may be removed prior to the expiration of such Manager's term for a
material breach of this Agreement or action constituting gross negligence
in accordance with the voting procedures set forth in Section 5.1.2,
4.7.1.1 Non District as Manager The Districts recognize that the
Managers duties specified in Section 4.A apply to the appointment of a
District as Manager and these same duties and powers may not be
applicable or appropriate in the event a non District is appointed as
Manager. if a non District is appointed to be the Manager, the Districts
agree to review the Manager's duties, amend Section 4.A to reflect
changes appropriate to appointing a non District as Manager, and to then
include those duties and powers in a separate contract with the non District
Manager.
4.7.2 Review and Approve Annual Operations and Maintenance Budget.
The JFOC shall review and vote on the Joint Facilities Annual Operations
and Maintenance Budget, in accordance with the voting procedures set
forth in Section 4.6.5.3. If the JFOC disapproves the Budget it must notify
the Manager immediately of such disapproval. The Manager may then
consider the comments of the JFOC and resubmit an amended Budget to
the JFOC to address those comments or submit the Budget to a hearing of
all three Boards. If the Budget cannot be approved under the process set
forth in Section 4.1.2 and this Section 4.7.2, including Dispute Resolution
in Section 5.1.2, the Manager may continue to operate using the current
years Budget, plus inflation indexed to the CPI set forth in Section 1.7,
and adjustments made to reflect the increase in connected EQRs since the
last approved Budget or a six percent (6%) increase whichever is greater.
Voting shall follow the procedures set forth in 4.6.5.3.
4.7.3 Review and Approve Rates. Review and approve the Rates as submitted
to the JFOC by the Manager. The procedures for approval shall be the
same as that set forth above in Section 4.7.2. If a rate change cannot be
affirmatively approved, the rates shall remain the same.
4.7.4 Review Operating Superintendent, Joint Facilities Eneineer and
Design Eneineer Selection. Review and approve the selection of the
Operating Superintendent, the Joint Facilities Engineer and the Design
Engineer by the Manager. The procedures for approval of the Manager's
selection of a Joint Facilities Engineer, following completion of the Initial
Joint Facilities, and the Design Engineer shall be the same as that set forth
in Section 4.7.2.
22
4.7.5 Review Rules and Regulations and Characteristics of EORs. Review
and approve the Rules and Regulations proposed by the Manager that
govern the Joint Facilities and the EQR schedules as amended by the
Manager. The procedures for approval shall be the same as that set forth
in Section 4.7.2
4.7.6 Review Discharge Permit Requirements. Review the requirements of
the Discharge Permit obtained for the operation of the Joist Facilities.
4.7.7 Appoint a Subcommittee to Review Capitol Construction, Review and
approve contents of requests for proposals for facilities design, final
design and construction drawings, construction contracts and capital
construction reports issued by the Manager. The JFOC or its
Subcommittee shall advise the Manager within 30 days of receipt of a any
of the above of any concerns or deficiencies it finds regarding the
construction and/or supervision of construction of the Joint Facilities.
4.7.8 Audit. Contract for the preparation of an annual audit of the Joint
Facilities operations, including the Joint Accounts described above.
4.7.9 Provide Direction to the Manager. Make decisions and convey them to
the Manager on all of the above within the time frame provided in the
request for review.
D. Operating Superintendent
4.8 Onerating Superintendent Responsibilities. The Joint Facilities shall be
operated and maintained by the Operating Superintendent selected by the
Manager. Under the direction of the Manager, the Operating Superintendent shall
manage, direct and control the daily operations of the Joint Facilities and do all
other acts reasonably necessary to maintain the facilities and its related assets.
The Operating Superintendent shall:
4.8.1 General Duties. Implement the decisions of the Manager, make all
expenditures necessary to carry out the directions of the Manager and
promptly advise the Manager if insufficient funds are available to
implement any such direction or program adopted by it.
4.8.2 Annual Operations and Maintenance Budget. Prepare a budget for the
reasonable and necessary revenues and expenses for the operations and
maintenance of the Joint Facilities and the Capital Replacement Costs and
submit such budget to the Manager's Board of Directors no later than
August lst of each year. The Annual Operations and Maintenance Budget
shall set forth the following:
23
a. Expenses. All proposed budget expenditures including reasonable
Capital Replacement Reserves and reserves for emergency
contingencies for the upcoming fiscal year;
b. Revenues. Anticipated revenues for the budget year including
recommended fees for EQR, Excess Flow, infiltration, and
temperature and composition changes;
c. Balances. Estimated beginning and ending fund balances;
d. Prior Year Actual Figures and Estimates. The corresponding
actual figures for the prior fiscal year and estimated figures
projected through the end of the current fiscal year, including
disclosure of all beginning and ending fund balances, consistent
with the basis of accounting used to prepare the budget;
e. Statement. A written budget message describing the important
features of the proposed budget, including a statement of the
budgetary basis of accounting used and a description of the
services to be delivered during the budget year; and
f. Schedules. Explanatory schedules or statements classifying the
expenditures by object and the revenues by source.
4.8.3 Record Keeping. Keep records for the Joint Facilities. These records
shall be open for inspection by the other Districts atIany time during
regular business hours.
4.8.4 Purchasing. Purchase or otherwise acquire all material, supplies,
equipment, utility and transportation services required for the daily
operation of the Joint Facilities.
4.8.5 Operation of Facilities. Operate and maintain the Joint Facilities in good
working order and in accordance with all applicable industry practices and
standards. Each of the Districts shall have the right, at any time, to inspect
the Joint Facilities for any purpose.
4.8.6 Compliance. Apply for all necessary permits, licenses and approvals;
comply with applicable federal, state and local laws and regulations,
including without limitation, such laws, regulations and permits related to
wastewater treatment, health and safety; promptly notify the Manager of
any allegations of substantial violation thereof; and prepare and file all
reports or notices required to operate the Joint Facilities.
4.8.7 Reports. Keep FS, OC and WPW apprised of all matters related to the
operation of the Joint Facilities by, at a minimum, submitting quarterly
24
reports to the Districts which include statements of expenditures and
comparisons of such expenditures to the budget, a summary of operations
of the Joint Facilities including amounts of wastewater treated, the source
thereof and discharge of treated effluent and such other reports as are
prepared by the Operating Superintendent in performance of his duties.
4.8.8 Reserved Sewer Capacity Reporting. Keep the Manager apprised of the
Reserved Sewer Capacity usage of each District on a regular basis and
advise the Manager if a District is approaching 80% of its Reserved Sewer
Capacity.
4.8.9 Emergency Repairs. The Operating Superintendent may cause to be
made those repairs deemed to be necessary by him, the cause of which
materially threatens the operations of the Joint Facilities. In the event such
an emergency repair arises, the Operating Superintendent shall have the
authority to hire a contractor(s) to make emergency repairs or acquire
needed parts, materials, and equipment to restore the Joint Facilities to
operational condition. The Operating Superintendent shall make every
effort to advise the President of the Manager within 24 hours of the
emergency if possible or as soon thereafter as the President may be
reached.
4.8.10 Miscellaneous. Undertake all other activities reasonably necessary to
fulfill the foregoing.
E. Operations Cost Allocations
4.9 Allocation of O&M Costs. Operations and maintenance expenses for the Joint
Facilities shall be allocated to each of the participating Districts in proportion to
the total Connected EQRs processed by the plant and attributable to each District
plus additional processing costs due to excess infiltration, any material decrease in
raw wastewater temperature or any material increase in wastewater strength that
is attributable to any District. A flow meter installed in each Joint Trunk line just
before the entrance to the joint interceptor will measure the flow and any Excess
Flow shall be included in the percentage of flow of the District from which it
emanates. If the flow meter fails, the Operating Superintendent in his sole
discretion shall estimate the amount of excess flow attributable to each District:
provided, however, that the Operating Superintendent shall arrange for repair or
replacement of such flow meter as soon as practicable.
4.10 Infiltration. The Districts agree that infiltration or leakage into the Joint
Facilities must be limited to provide economical treatment and to comply with
Discharge Permits. They further agree that the infiltration and/or leakage into the
Joint Facilities shall be limited to standards as prescribed by the Joint Facilities
Engineer. Each District shall retain the right to enter upon the other's property to
inspect for infiltration.
25
4.1 1 Prohibited Discharge. Each District shall be prohibited from discharging into the
system any gasoline, oils, greases, other toxic substances, or other contaminants
that might interfere with the treatment processes, and each agrees to prevent the
discharge of such substances by customers into the Joint Facilities.
4.12 Rules and Regulations. The standards for Sections 4.10 and 4.11 regarding
discharge into the Joint Facilities will be governed by the Rules and Regulations
adopted pursuant to Section 4.1.4.1 and Section 4.7.5 for the Joint Facilities
which Rules and Regulations shall be adopted by each District.
SECTION 5. DISPUTE RESOLUTION
5.1 Any dispute arising under this Agreement shall follow the following procedures
for resolution:
5.1.1 Proecdure 1. Unless the JFOC is a party to such dispute, the parties will
first submit the dispute for consideration to the JFOC, which shall review
the matter and decide how to resolve the matter. The voting on the matter
shall be in accordance with the procedures set forth in Section 4.6.5.3.
Failure to resolve the matter after two votes in two separate meetings shall
cause the matter at question to be considered under Section 5.1.2.
5.1.2 Procedure 2. The matter will be presented to a publicly noticed regular or
special meeting of all District Boards to be held not earlier than 10 days
nor later than 30 days after the matter is submitted to the Boards for
consideration. The Boards will review the matter and decide how to
resolve the matter. The decision of the Joint Boards must be made by a
quorum of at least ten Board Members based on the table below and
including a minimum of two (2) affirmative votes from each District,
except in the instance when one District fails to attend the meeting.
Failure to attend a meeting shall cause the District failing to attend to
forfeit its right to vote on the issues at said meeting:
Members in Attendance Affirmative votes required to pass
10 7
11 7
12 8
13 8
14 9
15 9
Any District may request continuation or rescheduling of the meeting of
the Boards in accordance with the procedure identified in Section 4.6.5.4
above.
5.1.3 Procedure 3. If the forgoing measures do not produce an acceptable
resolution of the dispute, the matter shall be submitted to, and resolved by,
26
binding arbitration in accordance with the Construction Industry
Arbitration Rules of the American Arbitration Association ("the
Association"), using a three-person arbitration panel. Expenses of the
arbitration, excluding attorney's fees, shall be awarded by the arbitration
panel to the party it deems to be the subsequently prevailing party. Any
award in arbitration may be filed with the District Court in and for Grand
County and may thereafter be fully enforced as the judgment of the
District Court.
SECTION 6. INDEMNIFICATION
6.1 Each of the Districts severally agrees to indemnify and hold harmless the other
Districts from and against all actions, causes of action, claims, counterclaims,
demands, liabilities, losses, damages and expenses, including costs and attorney's
fees, which may be sustained or incurred by them in connection with any action,
cause of action, claim, counterclaims or demand arising from or related to
agreements entered into by any of the parties hereto to which the other Districts
are not parties.
SECTION 7. PUMPBACK, RELOCATION AND WASTEWATER
OWNERSHIP
7.1 Pumpback for Aesthetic and Related Purposes. The parties may, but shall not
be obligated to, enter into a separate Agreement or Agreements, along with the
Towns of Winter Park and Fraser, provided that the terms thereof shall be
acceptable to each of them, for the purpose of contributing or funding acquisition
of easements, providing for engineering, constructing, operating and maintaining
a pipeline to pumpback treated wastewater to secure stream flow for aesthetic,
recreational, and fish and wildlife preservation and propagation purposes through
the Town of Fraser if the same shall hereafter be determined by each of them to
be both desirable and feasible.
7.2 Potential Purchase of Capacity. If GC constructs a new wastewater treatment
plant at an upstream location (which determination shall be made in the sole and
exclusive discretion of GC), the parties agree that, prior to any expansion of the
Joint Facilities, the District seeking expansion will determine whether it is in its
interest to purchase GC's Reserved Sewer Capacity and/or GC's Connected
Capacity in the Joint Facilities. If a decision not to purchase is reached, that
decision shall not be used by GC in any proceeding to delay or stop such an
expansion.
7.3 Indemnification. GC shall indemnify and hold FS and WPW harmless from any
claim, cause of action or liability whatsoever including costs and attorney's fees
arising out of ANY DISPUTES CONCERNING the Pump Back System. GC
shall have no obligation to indemnify another District pursuant to this section in
27
the event that such District initiates an action against GC concerning the Pump
Back System. This indemnity shall not be affected if a District asserts a cross-
claim or a counterclaim against GC in an action that is already initiated.
7.4 Wastewater Ownership. Each District shall retain whatever ownership,
dominion and control it has rights to over its respective wastewater and treated
wastewater prior to its discharge to the Fraser River. Execution of this Agreement
and any District's participation in this Agreement shall not be iksed by any party
hereto or any third -party to establish ownership, dominion or control over the
Districts' respective wastewater, treated wastewater or other return flows.
SECTION 8. TERMINATION AND DISSOLUTION.
8.1 Termination. This Agreement may be terminated upon
(1) the unanimous consent of all Districts;
(2) if the Joint Plant or other major facilities are ordered shut down
permanently by any governmental agency; or
(3) if the Joint Plant can no longer comply with governmental
regulations and cannot be used for the purposes for which it was
intended.
8.2 Distribution on Dissolution. In the event of the termination of this Agreement,
assets shall be liquidated and each District shall receive it's pro rata share based
upon its Legal Interest in the Joint Facilities at the time of dissolution.
SECTION 9. MISCELLANEOUS COVENANTS
9.1 Records. Each District shall maintain the records, accounts and audits required
by statute, and copies of such audits shall be exchanged.
9.2 Competing Systems, No District shall allow a competing private system to be
constructed within its corporate limits.
9.3 Abandonment. Upon the abandonment of any portion of the facilities of FS,
WPW or GC, the District abandoning the facilities shall retain all rights
guaranteed by the laws of the state of Colorado and shall remain liable under the
applicable laws of the state of Colorado.
9.4 Effective Date. The effective date of this Agreement shall be as set forth above,
and this Agreement shall be binding upon the successors and assignees of the
parties hereto.
28
9.5 Assignment. Assignability of this contract and any of the rights and liabilities
hereunder shall be made only after written consent of a majority of the members
of the Board of Directors of each District. This provision shall specifically
include but not be limited to any assignments of rights or responsibilities of the
Manager to any other entity. In the event of a permitted assignment, the terms
and conditions of this agreement shall be binding upon the permitted successors
and / or assigns of the respective parties.
9.6 Severability. In the event that any provision of this contract is \held to be of no
effect by a Court of competent jurisdiction, such finding, order or judgment shall
not affect any other of the covenants of this contract.
9.7 Limited Rights. The parties to this contract acknowledge that this Agreement
constitutes the sole Agreement between them and that neither party is relying
upon any oral representation made by a party or an agent or officer of a party.
9.8 Obligations. All bonds, notes, or other obligations of each District either referred
to in this Agreement or to be issued by each District shall, for all purposes of this
Agreement, be the sole obligation of the District which is issuing such bonds,
notes or other obligations, and shall not in any way be deemed a debt or liability
of the other party to this Agreement.
9.9 Le ali . This Agreement shall not be construed to be in violation of the laws of
the United States or the State of Colorado, and the provisions of this Agreement
shall not be construed in any manner that will adversely affect or diminish the
bonding capacity of either FS, WPW, or GC with reference to either sewer
improvement revenue bonds or general obligation sewer bonds.
9.10 Amendment. This Agreement may be amended from time to time by written
Agreement duly authorized by unanimous Agreement of the Districts.
9.11 Paragraph Headings. The paragraph headings are inserted only for convenient
reference and do not define, limit or prescribe the scope of this Agreement.
9.12 Fiscal Year. The fiscal year for purposes of this Agreement shall be the calendar
year.
9.13 Principal Place of Business. The principal place of business of the JFOC shall be
Fraser, Colorado.
9.14 201 Facilities Plan. In the event that the 201 Facilities Plan to be submitted to
the State for approval is not approved or is approved with terms and conditions
that make construction of the Joint Facilities impracticable, infeasible or
uneconomic, as determined by each of the Districts in its sole discretion, this
Agreement shall be voidable by each of the Districts. A District shall have 30
days from the approval of the 201 Facilities Plan to advise the remaining Districts
29
it desires to declare this Agreement void. If no notification is given this
Agreement will remain in full force and effect. In the event any District declares
this Agreement void, the District shall explain all of the bases for the District's
decision. The parties shall work cooperatively to return all of the Districts to the
positions occupied by them prior to execution of this Agreement, subject to any
unconditional commitments to pay for or reimburse the other Districts for cost
incurred in connection with this Agreement or consolidation. The withdrawing
District shall also reimburse each District not withdrawing forshe expenses the
Districts have incurred to the date of withdrawal for the engineering and design of
the Joint Facilities to the extent that that work is of not useable by the non -
withdrawing Districts. All aspects of this section may be submitted to dispute
resolution pursuant to Section 5 above, and this Agreement shall not be deemed
void or terminated until all such disputes have been finally resolved.
9.15 Termination Based Upon Construction Costs. In the event that all qualified
and otherwise acceptable bids for construction of the Initial Joint Facilities shall
exceed $13,000,000 this Agreement shall be voidable by each of the Districts. A
District shall have 30 days from the closing of the bidding process to advise the
remaining Districts it desires to withdraw from the consolidation efforts and to
declare this Agreement void. If no notification is given this Agreement will
remain in full force and effect. In the event any District declares this Agreement
void, the District shall explain all of the bases for the District's decision. The
parties shall work cooperatively to return all of the Districts to the positions
occupied by them prior to execution of this Agreement, subject to any
unconditional commitments to pay for or reimburse the other Districts for cost
incurred in connection with this Agreement or consolidation. The withdrawing
District shall also reimburse each District not withdrawing for the expenses the
Districts have incurred to the date of withdrawal for the engineering, design and
any joint facility construction including but not limited to pipeline construction of
the Joint Facilities to the extent that that work is of not useable by the non -
withdrawing Districts. All aspects of this section may be submitted to dispute
resolution pursuant to Section 5 above, and this Agreement shall not he deemed
void or terminated until all such disputes have been finally resolved
9.16 Notice. Anytime notice is required under this Agreement whether to the parties
or to the JFOC members it may be given by depositing the same in the U.S. Mail
addressed to the address of the District or by hand delivery. Notice shall be
complete upon receipt. Each District shall be responsible for advising its Board
Members of the notice. The address of each District is set forth in the initial
paragraph of this Agreement and may be changed by providing a written request
to the Manager.
9.17 Governmental Immunity. Nothing in this Agreement shall serve as a waiver of
governmental immunity for any District.
30
9.18 Third Party Beneficiaries. Nothing in this Agreement shall be interpreted to
provide for or make any person or entity not a party to this Agreement a third
party beneficiary to or of this Agreement or of any District.
9.19 Annual Appropriation, Each District's rights and obligations under this
Agreement shall be subject to annual appropriation by the Districts' respective
Boards of Directors. In the event that a District fails to appropriate funds as
required by this Agreement or as necessary to fulfill is obligations hereunder, any
other District may seek relief, at law or in equity as appropriate,. in the District
Court in and for Grand County, including without limitation discontinuation of
wastewater treatment services to the District failing to appropriate funds.
9.20 Attorneys' Fees. The JFOC shall not authorize or institute litigation. In any
litigation between or among the Districts, each District shall pay its own
attorneys' fees. The Manager shall be reimbursed for its attorneys' fees as a
normal operating expense under this Agreement in any action in which it prevails.
THE REMAINDER OF THIS PAGE HAS BEEN
LEFT BLANK INTENTIONALLY
31
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
effective this day of , 2001.
BY:
Ron
'A'
Attest:
-
Seeretary Drew Matteson
WINTER PARK WEST WATER & SANITATION DISTRICT
BY:
Presfd4ent, ooh Westerlund
ecre y Ingle
G AND COU:
DI11 CT #
BY•
Attest:
WATER AND SANITATION
Robert Wolf
Secretary Chris
32
Stev �umrall
ennis Soles
J e Fuqua
Randy Atwater
rJUrownEson����
33
�t
Michael A. La Porte
Cordell
Ross aldwell
Gary Cooper
Vince Turner
Bruce HutchinsQw
Exhibits:
1 Drawing and Map of Joint Facilities and Joint Lines
2 Joint Plant Master Plan
3 Capacity Reservations in Consolidated Wastewater Facilities
4 Illustration of Plant Capital Cost Allocations
5 Illustration of Joint Trunk Lines.
6 Flat Rate/Equivalent Residential Unit Schedule for Joint Facilities
7 Names of members and Alternates to the Joint Facilities Oversight
Committee
�9
a
EXHIBIT 1
f
MAP OF JOINT FACILITIES
AND
JOINT LINES
ii crit �i Irrr w ® am err 111�11 ® boo m =11d 1 r 111
l JT WASTE 'WATER'
TREATMENT"PLANT17z
A
8623" t; EI'TING 21 LL
OUTFAt s.
SEGMENT
t -
1� f� METER STATION
w.-xy< z WPW-F%ows _ - - -`
0 'J _ 0" 1600 i. 2000.
inch 1,00 _le
1 i i RkPLACEMENT TRUNK THRU FRASER - SEGMENT "B ti
t<• ! •� • ii 1y 4 k
'j,,,„�,R
(BM 8574)
.I20
19 '',,' , y "JOINT - GRAND COUNTYJFRASER
(YGIN J ,FAST SID TRUNK
FUTURE I RYVALE---q , '` �. 40 l
GIN
h•,
SID TRUNK
i / ,fes � V`:GRAND'CO .NE1Y.-•-,-
t FLOW METiitt STATION
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` MARYVALE` EAST SIDE TRUNK ti\
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FRASER / WPW / GC -1 Nlt�aUghfinjWater °° •� °.n.° ��_�• °��°° EXHIBIT
JOINT TRUNK SEWER SCHEMATIC °° °Z.
66-012.006 / FRASER_SD—TRUNK.dwq / AH / 8/7/01 AUGUST, 2001
EXHIBIT 2
JOINT PLANT MASTER PLAN
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BACK-UP POWER OENERATOR
W/ WEATHER ENCLOSURE
LEGEND
PHASE I - 2.7 M.G.D. FACILITY
FUTURE 5.0 To 6.0 M.C.D. WASTER PLAN
Z
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GRAPHIC SCALE
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W/ WEATHER ENCLOSURE
LEGEND
PHASE I - 2.7 M.G.D. FACILITY
FUTURE 5.0 To 6.0 M.C.D. WASTER PLAN
Z
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GRAPHIC SCALE
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Exhibit 3
CAPACITY RESERVATIONS
IN
CONSOLIDATED WASTEWATER FACILITIES
The following are agreed upon reservation shares in the Joint Facilities. Reservations are in
terms of Equivalent Residential Units (EQRs).
Unless subsequently revised, an EQR represents a flow rate of 270 gallons per day (average rate,
maximum day). The Initial Reserved Capacity is for capacity to be constructed during the initial
project (completion scheduled before December 31, 2003). The Ultimate Reserve Capacity
provides the right to expand facilities to a maximum capacity under the terms of this Agreement.
It is noted that new trunk sewers are generally sized at predicted ultimate capacity.
I. Wastewater Treatment Plant
Initial Reserve Capacity - EQ R Ultimate Reserve Sewer Capacity - EOR
GC
3155 (1.0 MGD)*
10,000
WPW
2,467 (.782 MGD)**
2,800
FS
2,896 (.918 MGD)***
5.600
Totals
8,518 (2.7 MGD)
18,400
* Includes allowance for 148,150 gpd infiltration
** Includes allowance for 115,850 gpd infiltration
*** Includes allowance for 136,000 gpd infiltration
H. Joint Trunk Lines
Initial Reserve Capacity Ultimate Reserved Sewer Capacit
(EQR) (EQR)
Trunk Line A
GC 10,000 10,000
WPW 0 0
FS 1,200 1,200
Totals 11,200 11,200
Trunk Line B
GC
10,000
10,000
WPW
0
0
FS
5,200
5,200
Totals
15,200
15,200
Trunk Line C -
GC
—
10,000
WPW
2;500
2,800
FS
2,896
5,600
Totals
5,396
,18,400
i
Exhibit 4
WASTEWATER TREATMENT PLANT
ILLUSTRATION OF PLANT CAPITAL COST ALLOCATIONS
Exhibits 4 and 5 illustrate the capital cost allocation formula and how that formula
operates for the Joint Plant Capital Cost Allocations, for initial and future expansions, and Joint
Trunk Cost Allocations, for initial and upon addition, replacement or expansion. The references
to the CPI shall refer to the Denver -Boulder -Greeley, Colorado metropolitan area Consumer
Price Index for All Urban Consumers. The CPI for capital projects shall be the value at the time
of contract award.
A. INITIAL JOINT FACILITIES
1. ASSUME --- FOR 2.7 MGD INITIAL PLANT EXPANSION
a. Existing Plant:
CPI*, April 1, 2002 (time of contract award) =185.0
Facilities Formula Value = $1,150,000
Plant Site Value = $250,000
* converted to 1982-1984 = 100 base
Note: Per Agreement between the three entities, the plant value is as follows:
Plant Site: $200,000
Existing Facilities: $800.000
Total $1,000,000
b. Reserved Capacity of Existing Plant:
WPW = 53.51 %
FS = 46.49%
GC = 00.00%a
C. Project Cost of New 2.7 MGD Plant = $8,900,000
d. Reserved Capacity of Expanded Plant:
WPW 28.89% (.78 MGD)
FS 34.07% (.92 MGD)
GC 37.04% (1.0 MGD)
2. CALCULATE COST ALLOCATIONS
a.
Existing Plant Equities (per this Agreement – rounded to $100
increments)
FS Equity =
$333,300
WPW Equity =
$333,300
GC Equity =
$333,400
b.
Determine Equities After Project Completion
Then total value of plant = $8,900,000 + $1,000,000 –
$9,900,000
FS Equity = .92/2.7 x $9,900,000 =
$3,373,333
WPW Equity = .78/2.7 x $9,900,000 =
$2,860,000
GC Equity -- 1.0/2.7 x $9,900,000 =
$3.666.667
Total Plant Value
$9,900,000
C.
Allocate Costs
FS Cost = 3,373,333 - 333,300 –
$3,040,033
WPW Cost – 2,860,000 - 333,300 –
$2,526,700
GC Cost = 3,666,667 - 333,400 =
$3,333.267
Total Cost, This Project =
$8,900,000
B. EXPANSION
1. ASSUME— PLANT EXPANSION TO 3.7 MGD IN YEAR 2013
a.
CPI = April 2013 = 261
b.
Project Cost for Expansion to 3.7 MGD = $4,500,000
C.
Reserved Capacity of Expanded Plant:
WPW = 21.08% (.78 MGD)
FS – 37.84% (1.40 MGD)
GC = 41.08% (1.52 MGD)
d.
During 10 -year period, the Capital Replacement Reserve
Account has
accumulated to an amount of $1,100,000. Assume decision is to use
$500,000 of
this account for the expansion, retaining $600,000 in the account.
2. CALCULATE COST ALLOCATIONS
a. Determine Existing Plant Equities
Site Value = 200,000 x 261/185 — $282,160
Facilities Value = 9,900,000 x 261/185 x .75* _ $10,475,190
Capital Reserve Fund— 1$ •100.000
Total = $11,857,350
* Depreciation Factor
WPW Equity = .2889 = $3,425,589
FS Equity = .3407 = $4,039,799
GC Equity = .3704 = M391,962
Total = $11,857,350
b. Determine Equities After Completion
Value of Plant After Project = 11,857,350 + 4,500,000 — 500,000 = $15,857,350
WPW Equity
= 21.08%
_ $3,342,729
FS Equity
= 37.84%
_ $6,000,421
GC Equity
= 41.08%
$6,514,200
Total
= 15,857,350
c: Allocate Costs
WPW —
3,342,729 — 3,425,589 =
-($82,860)
FS =
6,000,421 — 4,039,799 =
$1,960,622
GC =
6,514,200 — 4,391,962 _
$2,1222L38
Total =
$4,000,000
EXHIBIT 5
ILLUSTRATION OF JOINT TRUNK LINE
COST ALLOCATIONS
A. INITIAL JOINT TRUNK LINES
1. ASSUME — FOR INITIAL CONSTRUCTION OF SEGMENT B
a. Existing Facility:
CPI, July 2001 = 181 .0
Existing Facility Value = 0
b. Reserved Capacity of Existing:
N.A.
C. Project Cost of New Trunk = $800,000
d. Reserved Capacity of New Trunk:
FS — 5,200 EQR = 34.21%
GC = 10,000 EQR = 65.79%
WPW = 0 EQR — 00.00%
2. CALCULATE COST ALLOCATIONS
Initial Cost for Segment B based on incremental cost (per cost sharing agreement):
WPW = $0
FS (fixed) — $279,069
GC (variable) $520.931
Total = $800,000
Calculate Equity
FS = 34.21% _ $273,680
GC = 65.79% = $526J20
$800,000
B. UPGRADE OF SEGEMENT B IN YEAR 2041
1. ASSUME
a.
Existing Sewer Values:
CPI, June 2041 = 300
Depreciation Rate = 1.25%/yr
Facility Value = $800,000 x 300/181 x 0.50- _ $662,983
b.
Reserved Capacity Existing Line:
FS = 34.21%
GC = 65.79%
WPW = 0%
d.
Project Cost:
Project consists of Rehabilitation of Manholes at cost of $200,000.
d.
Reserved Capacity After Project:
No change
e.
Capital Reserve Fund:
A capital reserve fund has been established, having a total value (with interest) of
$150,000. It has been determined that this fund will be applied to the
project.
2. CALCULATE COST ALLOCATIONS
a.
Determine Existing Equities
FS Equity = .3421 x 812,983 =
$278,121
GC Equity = .6579 x 812,983 —
$534,862
Total (Existing Trunk & Reserve Fund) _
$812,983
b.
Determine Equities After Completion
Total Value of Segment B = 662,983 + $200,000 —
$862,983.
FS Equity = .3421 x 862,983 =
$295,226
GC Equity = .6579 x 862,983 =
$567.757
Total =
$862,983
C. Allocate Costs
FS Cost = 295,226 — 278,121 = $17,105
GC Cost = 567,757 — 534,862 = $32,895
Exhibit 6
FLAT RATE/EQUIVALENT RESIDENTIAL UNIT SCHEDULE
FOR
JOINT FACILITIES
GENERAL NOTES
At this time, an EQR is considered to represent a maximum day load of 270 gallons and 0.6 lbs
BODS.
Each customer shall be assigned a total EQR based on its use classification(s) in accordance with
the following schedule.
Class EQR
of User Value
A. RESIDENTIAL CLASSIFICATIONS
1. Single Family Residential Units (per unit) 1.0
Single family homes, individually billed mobile homes, mobile homes
on single lot, and mobile homes established as permanent residences;
having not more than 3 bedrooms or 3 bathrooms per unit.
Note: Rental privileges of all kinds are not included in this value. Only
1 kitchen is permitted; if a residence has more than 1 kitchen,
then additional EQR values should be assigned in accordance
with multi -family residential units.
Additional for each additional bedroom. 0.2
2. Multi -Family Residential Units
Apartments, duplexes, condominiums, townhouses, and similar facilities
in the same complex, small cabins in court not associated with motels;
all units intended for long-term rental.
Note: Excludes more than one kitchen per unit; swimming pools are
additive.
a. 4 or more bedroom unit (per unit)
1.2
b. 3 bedroom unit (per unit) 1.0
3 '
f
lass
of User
C. 2 bedroom unit (per unit)
d. Single bedroom or studio unit (per unit)
3. Transient Residential Units
Hotels, motels, mobile home parks, dormitories, and similar facilities.
Note: Includes laundry facilities in mobile homes. Swimming pools
and laundry facilities (except those in mobile homes) are
additive; room counts shall include rooms furnished to
employees; each complex shall have a minimum of one
manager's unit.
a. Manager's unit (per unit)
b. Motels, hotels, and rooming houses without kitchen facilities
• rooms having not more than two bed spaces (per rental unit)
• rooms having more than two bed spaces (per rental unit)
C. Motels with kitchen facilities
• units having not more than two bed spaces (per rental unit)
• units having more than two bed spaces (per rental unit)
d. Mobile home parks (per each available space)
e. Dormitories (per each rental bed space)
f. Add for laundry facilities (or available hookup) in billing unit
complex, per machine
B. COMMERICAL CLASSIFICATION
1. Restaurants and bars
Restaurants, bars, lounges, banquet rooms, and drive-ins.
a. Restaurants and bars (per 10 seats)
EQR
Value
0.8
0.6
1.0
0.25
0.35
0.35
0.45
0.8
0.1
0.5
0.6
Class
of User
b. Banquet rooms (per 10 seats)
C. Dive -ins (per car stall)
d. Drive up windows (per sales window)
2. Commercial Buildings
Office buildings, retail sales buildings, multiple use buildings,
laundromats, service stations, shops, garages, and similar facilities.
a. Offices and office buildings
(per 1,000 sq. ft. of gross occupied area)
b. Retail sales area
(per 1,000 sq. ft. of gross sales and display area)
C. Laundromats
(per washing machine or available hook-up)
Note: This category does not include commercial laundries.
d. Service stations
• per fueling station (1 set of nozzles)
• add for each bay/rack where cars can be washed
e. Non -retail work area such as garages, machine shops, and
warehouses (per 1,000 sq. ft.)
f. Process water from commercial establishments discharged to the
collection system shall be evaluated based on the metered water
inflow (per 1,000 gpd, maximum day)
EQR
Value
0.3
0.2
2.0
M.
0.3
1.2
0.3
1.5
0.5
3.5
Note: The District may re-evaluate the EQR of the discharger should
the impact of the discharge exceed the equivalent of the single
family residential unit. Should sewage strength exceed 330 mg1l
of BODS or SS, additional charges will be computed for strength
exceeding these values. In cases where there is batch discharge
of process water, the Authority may require the discharger to
obtain approval by the plant operator of the time and rate of
discharge.
C. CHURCH AND SCHOOL CLASSIFICATIONS
1. Churches (per 100 seats)
Notes: Rectories or other living areas are additive.
2. Schools
Day care centers, public and private day schools
Notes: Include teachers, librarians, custodians, and administrative
personnel associated with the school function; administrative
centers, warehouses, equipment (such as buses), repair and/or
storage centers, swimming pools, and similar facilities are
additive.
1.0
a. Without gym and without cafeteria (per 50 students) 1.4
b. Without gym and with cafeteria or with gym and without 1.75
cafeteria (per 50 students)
C. With gym and with cafeteria (per 50 students) 2.0
D. MISCELLANEOUS CLASSIFICATIONS
1. Swimming pools
Swimming pools and wading areas
Note: A permanent sign must be placed prominently at all pool filter
installations stating that pools are not to be drained without
permission from the STP operator, that pool drainage rates will
be subject to approval of the STP operator, and that draining
shall be limited to the hours between 11 P.M. and 5 A.M. the
next day.
a. Private pools associated with single family residential units (per 0.5
4,000 gallons of pool volume).
b. Pools associated with multi -family and transient residential units lA
(per 40,000 gallons of pool volume)
C. Commercial and public pools. Total EQR to be computed from
pool volume and per capita capacity as follows:
0 First 40,000 gallons of pool volume 1.05
a Each additional 40,000 gallon capacity 0.75
2. Recreational vehicle waste disposal stations
Service stations and other commercial dump facilities 5.0
Note: Plant operator will have the authority to deny disposal at the
dump station should the waste receiver be full, or if the waste
being dumped will cause plant operation problems.
3. Septic waste and other batch waste disposal.
The Authority shall establish a per dump charge for operation and
maintenance purposes. Dumps shall only occur at the treatment plant.
The preceding note shall apply.
4. Medical Hospital
Note: Includes staff and administrative personnel associated with the
hospital function.
• per bed 0.60
5. Public Restrooms (per toilet or urinal)
E. EXTRA FLOW
Extra flow is defined as excess water admitted to the sewer system,
generally in the form of inflow, infiltration or bleeding water. - The
Extra Flow classification applies to basically non -contaminated waters.
All customers and both entities shall minimize extra flow to the extent
practical. For each EQR connected, it shall be assumed that the
allowable flow quantity is 300 gallons per day. Flows in excess of this
are, termed "Extra Flow." Per 1,000 gpd EF = 3.5 EQR.
0.20
F. OTHER CLASSIFICATIONS
The JFOC shall evaluate and establish rates for all users not identified in
Classifications A, B, C, and D as set forth in Section 4.7.5 of the Joint
Agreement. The JFOC will establish charges for industrial waste
according to. Section 4.7.5 of the Agreement, with the additional
requirement that industrial users comply with any existing U -S.
Environmental Protection Agency or Colorado Department of Health
standards, or any other applicable state or federal agency rules or
standards, relating to industrial waste.
Exhibit 7
MEMBERS AND ALTERNATES
TO THE
JOINT FACILITIES OVERSIGHT COMMITTEE
I. Grand County Water and Sanitation_ District #1
Members:
1. Robert Wolf
P.O. Box 216
Winter Park, CO 80482
2. Vince Turner
P.O. Box 1120
Winter Park, CO 80482
3. Chris Seemann
F.O. Box 3354
Winter Park, CO 80482
Alternates:
1. Randy Atwater
2. Joel Brownson
II. Winter Park West Water and Sanitation District
Members and Alternates to be selected. Upon selection Exhibit will be amended to add
names and addresses.
III. Fraser Sanitation District
Members and Alternates to be selected. Upon selection Exhibit will be amended to add
names and addresses.
2012 NWCCOG REGIONAL WATER QUALITY MANAGEMENT PLAN
VOLUME I - POLICY PLAN
Table of Contents
Introduction
3
How To Use This Plan
4
Legal and Regulatory Framework
5
Federal and State Laws and Coordination for 208 Plans
6
Using the 208 Plan and Local Government Controls to Protect Water
Quality 7
Summary of Policy Statements
10
Policy 1. Water Quality
11
Implementation Recommendations 11
1.1 Meet Existing Water Quality Standards 11
1.2 Recommend Revisions to Water Quality Standards,
Classifications, and Designations 11
1.3 Implement Local Governmental Land Use Controls 16
1.4 Implement Water Quality Improvement Projects 16
Policy 2. Water Use and Development 18
Implementation Recommendations 18
Policy 3. Land Use and Disturbance 20
Implementation Recommendations
20
Policy 4. Domestic, Municipal and Industrial Water and Wastewater
Treatment Facilities
22
Implementation Recommendations
22
Policy 5. Chemical Management
24
Implementation Recommendations
24
Policy 6. Management System
27
Background
27
The Designation Process
27
Implementation Recommendations
OAFA
Volume I Reference Section 29
NWCCOG 208 PLAN INTRODUCTION
Pollution of the region's waters is a threat to public health and welfare. It may
create public nuisances, be harmful to wildlife, and may impair needed uses of
these waters. The citizens of the region value high quality waters and recognize
the necessity of protecting their existing uses for the benefit of residents, visitors,
and future generations.
The primary goal of the 208 plan is the protection of the existing water quality
and designated uses of waters in the region. Chapter 2 of Volume II reveals that
the two most significant water quality concerns in the region are Nonpoint Source
Pollutants from Development Areas and Acid Rock Drainage.
The NWCCOG 208 plan region consists of the area within Eagle, Grand,
Jackson, Pitkin, and Summit Counties. Northwest Colorado Council of
Governments ("NWCCOG") is the designated regional water quality management
agency responsible for water quality planning within this region.
This NWCCOG 208 Plan is adopted pursuant to Section 208 of the Federal
Clean Water Act as implemented through Colorado Water Quality Control Act.
The Colorado General Assembly adopted the Colorado Water Quality Control
Act:
,,to protect, maintain, and improve where necessary and
reasonable, water quality for public water supplies, for protection
and propagation of wildlife and aquatic life, for domestic,
agricultural, industrial, and recreational uses" (CRS 25-8-102).
The purpose of Section 208 of the Federal Clean Water Act is to require plans for
coordinated regional approaches to water quality management. This 2011
Regional Water Quality Management Plan, or 208 Plan, is a technical revision of
the NWCCOG 208 Plan that was last approved in 2002 by Governor Owens.
This 208 Plan consists of two volumes and appendices (including a glossary).
Volume I consists of the Regional Policies and describes recommendations to
protect and enhance the water quality within the NWCCOG region. Volume II,
which consists of the Regional Water Quality Assessment, describes existing
water quality, identifies the major regional water quality issues, and presents the
individual Water Quality Management Plans for each of the five watersheds
within the NWCCOG region (Figure 1).
Figure 1. Northwest Colorado Council of Governments' Regional and Watershed
Boundaries
HOW TO USE THIS PLAN
Volume I, the Policy Plan, consists of six policies. Policy 1 outlines NWCCOG's
recommendations to the Colorado Water Quality Control Commission regarding
water quality regulations. The next four policies recommend actions to minimize
water quality impacts for political jurisdictions that have the authority to regulate
land use and development. These jurisdictions are federal, state, and local
governments. The last policy identifies entities or "Management Agencies" that
are responsible for implementing the recommended actions.
Volume Il, Water Quality Program Development, describes the water quality
assessments that were used to develop the policies in Volume I. The Regional
Water Quality Assessment is a summary of the major water quality issues
identified in the region. This section is also provided to inform readers of water
quality impacts from various activities and gives an overview of the existing
systems which protect water quality.
The five individual watershed plans in Volume 11 form the foundation of this 208
Plan. Each watershed plan has the following sections:
A summary of the watershed characteristics and how the plan was
developed;
An summary of existing water quality data and studies;
• Identification of Point and Nonpoint Source issues and recommendations for
specific water quality issues in the basin;
• A description of existing and potential water quality improvement projects
(including education);
• A summary of local water quality related land use regulations;
• A summary of water quality monitoring efforts and needs;
• A discussion of watershed stream segment water quality designations,
classifications, standards and recommended changes.
The flow chart below (Figure 2) illustrates the structure of this 208 Plan.
Figure 2. NWCCOG Regional Water Quality Management Plan Structure
Regional Water Quality Volume I
Policies
Regional Water Quality Volume II
Assessment
Blue River Eagle River North Platte River Roaring Fork Upper
Colorado
Plan Plan Plan River Plan River Plan
LEGAL AND REGULATORY FRAMEWORK
In 1972, the United States Congress overrode a presidential veto to pass the
Federal Water Pollution Control Act Amendments of 1972 (PL92-500), also
known as the Clean Water Act. This Act has been further amended with
significant changes in 1977 (PL95-217) and 1987 (PL100-4). The Clean Water
Act states that the ultimate objective of the Act is to "restore and maintain the
chemical, physical, and biological integrity of the Nation's waters." In beginning
the process to improve water quality, Section 208 of the Clean Water Act
identified a number of planning programs to be initiated at various levels of
government.
To maximize efficient use of resources and provide regional coordination,
Section 208 (titled "Areawide Waste Treatment Plans") of the Act established an
areawide approach to planning for the abatement of pollution. It also provides
criteria to design local plans based on an integrated and comprehensive planning
process. In February 1976 the governor of Colorado designated NWCCOG as
the areawide waste treatment management planning authority, under Section
208. NWCCOG develops and maintains the Areawide Water Quality
Management Plan (208 Plan) for the NWCCOG.
The NWCCOG planning region (Region XII) includes the area within Eagle,
Grand, Jackson, Pitkin, and Summit Counties and includes two river basins: the
Colorado River Basin and the North Platte River Basin.
FEDERAL AND STATE LAWS AND COORDINATION FOR 208 PLANS
Federal Authority
The NWCCOG 208 plan is derived from Section 208 of the federal Clean Water
Act. The Act was created in 1972 to empower the EPA to work with the states
"to restore and maintain the chemical, physical, and biological integrity of the
Nation's
Waters." The Act says, "it is the national policy that areawide treatment
management planning processes be developed and implemented to assure
adequate control of sources of pollutants in each State."
The Clean Water Act set a national policy where programs for the control of
nonpoint sources of pollution need to be developed and implemented to enable
the goals of the Act for the control of both point and nonpoint sources of pollution.
The purpose of Section 208 of the Clean Water Act is to encourage and facilitate
the development and implementation of local waste treatment management
plans. To comply with the Clean Water Act, local elected officials or other
designated agencies must identify important waters (areas) that require or are
affected by waste treatment management plans. This 208 plan for State water
quality planning Region 12 is in compliance with Section 208 of the Clean Water
Act and represents the region's water waste treatment management plan.
2. State Coordination
The Colorado Water Quality Control Commission (WQCC) has established
fourteen regional water quality management areas. Of the fourteen regional
water quality management areas, NWCCOG is one of four designated by the
Governor as "regional water quality planning agencies" with the authority to
conduct water quality planning in their respective regions.
Colorado also has developed a statewide water quality management plan
(SWQMP) that sets the framework for all water quality planning. (Statewide
Water Quality Management Plan Colorado Department of Public Health and
Environment, Water Quality Control Division. June 1, 2011.) The SWQMP
encourages use of a watershed approach to water quality prevention and
restoration as an effective framework for managing water quality. Essentially, the
SWQMP provides a framework for water quality and information on water quality
protection and restoration. The SWQMP also catalogs point and nonpoint
strategies that can be employed to mitigate water quality problems at watershed
scale. The SWQMP includes plans for the seven river basins and certain sub -
basins. The basin plans provide descriptive information, such as location and
physical setting, ecology, climate, land ownership and land use, demographic
and socioeconomic conditions, and hydrography and hydrology. The plans
summarize the classified uses established within each sub -basin and basin.
Finally, SWQMP basin plans provides information on total maximum daily loads
(TMDLs), including the number of TMDLs to be developed and the number
recently completed. Projects or strategies that have been used to address
specific water quality problems are also provided. The SWQMP is a supplement
or companion document to the Colorado Continuing Planning Handbook.
The SWQMP is designed to incorporate the existing 208 plans by reference.
Thus, the NWCCOG 208 plan will become a more detailed component of the
SWQMP. The recommendations and actions of 208 planning and management
agencies in regard to stream classifications, wasteload allocations, grant and/or
loan priority information, planning reviews, and site application provide
information to the WQCC to ensure that local water quality goals and objectives
are considered in state and federal water quality decision making. The WQCC
cannot approve a site plan request for a new or expanded wastewater treatment
plant unless it is consistent with an adopted 208 plan.
USING THE 208 PLAN AND LOCAL GOVERNMENT LAND USE CONTROLS
TO PROTECT WATER QUALITY.
Section 208 charts a course not only for addressing point sources of pollution,
but also developing processes to control run-off sources of pollution. Implicit in
the structure of § 208 is the notion that these so-called processes to control run-
off implicate local government land use controls. NWCCOG regularly receives
requests from member municipalities and counties to evaluate land use and
development proposals for compliance with the 208 Plan. Because 208 Plans
are adopted pursuant to federal law, and authorized by the State of Colorado,
local regulations incorporating 208 policies are less vulnerable to preemption
challenges.
The 208 Plan is implemented through a variety of land planning policies and
regulations.
NWCCOG has prepared a model water quality regulation that can be adopted by
local governments as they consider how to prevent water quality degradation
associated with the non -point source impacts of development. This is found in
Appendix 6.
Local Government Comprehensive Land Use Plans
Comprehensive plans establish policies to guide decision -makers during the land
planning process. These plans typically articulate long-term policies to guide
decisions in such areas as transportation, housing, future land use, water and
sewer, and other infrastructure.
When used as a watershed management tool, a comprehensive plan can include
statements of goals and objectives to address watershed management taken
directly from the 208 Plan. In addition, the comprehensive plan can be used to
identify critical areas for water quality protection such as open space sites,
stream corridors,
drainage -ways and wetlands. In the NWCCOG region, local government
comprehensive plans should and typically do incorporate the land use policies
and strategies identified in the 208 plan as a means to further water quality
protection.
2. Local Government Zoning Regulations
Zoning regulations can be adopted to implement 208 goals. For example, zoning
regulations often address development characteristics that have a direct impact
on water quality such as density, lot area coverage, and impervious surface
ratios. Setbacks from streams, lakes and wetlands are frequently required by
zoning ordinances to minimize sedimentation, bank erosion, and chemical
pollutants from interfering with water quality.
An alternative to traditional zoning requirements is the overlay district. An overlay
district can be applied to impose site-specific standards in environmentally
sensitive
areas. For example, portions of a watershed may be designated as
an overlay district to prohibit land uses from degrading the aquatic habitat.
Transfer of development rights programs can also be used to transfer permitted
densities from areas critical to water quality protection. Special use permits also
impose specific requirements on uses before they are allowed in a particular
zoning district. Special use requirements can include a host of water quality
protection techniques that must be implemented before a permit is issued.
By incorporating the 208 Plan by reference into these provisions, local
governments have an additional legal rationale for these regulatory mechanisms.
Subdivision Controls
Another way to protect water quality at the local level is through subdivision
design
standards. Water quality impacts can be minimized by erosion and
sedimentation control requirements, stormwater management systems,
drainage design standards, landscaping specifications and construction
management practices. To the extent polluted run-off from a subdivision
cannot be avoided, developers -should be required to mitigate the
impacts of increased polluted run-off through some other project.
Snow storage requirements can be implemented to ensure that snowmelt does
not result in a direct discharge to waterbodies. Subdivision site design standards
can
prevent direct stormwater discharge to water bodies by requiring urban
runoff to first pass over vegetated, undisturbed land. Site design
standards can prohibit major modifications of stream channels, wetlands or lake
shorelines. The design of the subdivision itself can affect water quality by
encouraging
clustering of dwelling units and protecting recharge areas, wetlands, and steep
slopes to be left free from development.
Subdivision standards can include the requirement that subdivisions be designed
and constructed to comply with the 208 Plan.
4. "1041" Regulations.
The NWCCOG Region has experienced great success addressing water quality
impacts associated with transmountain diversions by using powers granted to
local governments under the Areas and Activities of State Interest Act, otherwise
known as 1041 Regulations. (See C.R.S. 24-65.1-101). Most of the areas 1041
Regulations include a provision that requires the applicant for a 1041 permit to
comply with the NWCCOG 208 Plan. These 1041 Regulations have survived a
variety of legal attacks over the years and remain an excellent tool for regulating
the environmental impacts of water diversion projects, and projects located on
federal lands.
10
NWCCOG 208 Plan Policy Summary
Policv 1. Protect and Enhance Water Qualit
The surface and ground waters of the region shall be protected to minimize
degradation of existing water quality and maintain existing and designated
uses of those waters; waters not currently supporting designated uses
shall be restored as soon as is financially and technically feasible.
Policy 2. Water Use and Development
The project developer shall mitigate the impacts to water quality and the
aquatic environment caused by water projects.
Policy 3. Land Use and Disturbance
Water quality, including wetlands, floodplains, shorelines and riparian
areas, must be protected from land use and development so that
significant degradation of water quality is prevented.
Policy 4. Domestic Municipal, and Industrial Water and Wastewater Treatment
Facilities
Decisions to locate water supplies, wastewater treatment systems, and
other water and wastewater facilities shall be made in a manner which
protects water quality and the aquatic environment. Where growth and
development requires the need for additional facility capacity, existing
facilities should be expanded instead of developing new facilities, unless
expansion is not feasible because of technical, legal or political reasons.
Policv 5. Chemical Manaaement
The uses of pesticides, fertilizers, algaecides, road deicing and friction
materials, and other chemicals which would temporarily or permanently
cause a significant degradation of water quality or impair the current or
designated uses of these waters should be regulated to the extent allowed
by law in a manner that minimizes potential for degradation of water
quality.
Policy 6. Management System
Management agencies are designated to best reflect their legal and
jurisdictional authorities.
The waters of the region shall be protected by a management agency
structure within the existing governmental and regulatory framework that
allows decisions to be made at the most appropriate level of control. For
nonpoint source pollution control the recommended level of management
is at the watershed level. Table 2 identifies the recommended management
agency structure.
Policy 1. Protect and Enhance Water Qualit
The surface and ground waters of the region shall be protected to minimize
degradation of existing water quality and maintain existing and designated
uses of those waters; waters not currently supporting designated uses
shall be restored as soon as possible.
Implementation Recommendations
1.1 Meet Existing Water Qualitv Standards:
The WQCD has divided the surface waters of this region into stream segments,
assigned designations, classifications, and set water quality standards. The five
watershed plans in Volume II identify the existing designations, classified uses,
and water quality standards in each of the watersheds. These designations,
classifications, and standards are incorporated by reference and should be met
though actions of designated management agencies, as identified in Policy 6.
NWCCOG will advocate implementation of the State's antidegradation provision
in addition, and the protection of high quality waters.
1.2 Recommend Revisions to Water Qualitv Standards and Classifications
Existing water body designations, classifications, and standards are documented
in Section 8.1 of the watershed water quality plans. These designations,
classifications and water quality standards should be met through all actions of
designated management agencies.
NWCCOG recommends a water quality standard for Grand Lake that represents
an attainable level of clarity.
NWCCOG, after consultation with designated management agencies, will
recommend selected revisions to these standards at triennial reviews and rule
making hearings scheduled by the Commission.
1.2.1 Streams which should be Investigated for Outstanding Waters
Designation in Region XII
NWCCOG does not currently recommend any additional waterbodies to
the list of "Outstanding Waters" designation.
1.2.2 Use -Protected Waters in Region XII
Stream segments currently designated "Use -Protected" (discharges in
these segments are not subject to antidegradation review) are listed in
the appropriate watershed plans.
NWCCOG does not recommend any new segments for designation as
"Use Protected" as of 2011.
12
1.2.3 Changes to Temporary Modifications in Region XII
Existing stream segments with temporary modifications are identified in
the appropriate watershed plans in Volume II.
NWCCOG does not recommend any new temporary modifications as of
2011.
1.2.4 Designated Uses Recommendations in Region XII
Designated Uses are defined as: domestic water supply, agriculture,
recreation, and the preservation of aquatic life. No changes in designated
uses are recommended to the stream segments in Region XII.
1.2.5 Limited Water Quality — Polluted waters in Region XII
The WQCD prepares a 303(d) list that identifies waters "Not Supporting"
classified uses because of water pollution. The use may be present, but
at a significantly reduced level from full support in all or some portion of
the waterbody. The list can be found at:
http://www.cdphe.state.co.us/regulations/wqccregs/93 2012(03).pdf
The existing "Not Supporting" identified segments are listed in the
appropriate watershed water quality plan in the Water Quality Standards
section of Volume Il. These segments are reflected in the State's April
30, 2012 303(d) list as impaired waters and may be segments where the
WQCD has completed but not yet implemented a Total Maximum Daily
Load (TMDL) analysis.
The following is a summary of the "Not Supporting" segments in the
NWCCOG 208 region, including those where a TMDL has been
completed but the water quality issue has not been corrected:
Blue River
• Segment 2a — Mainstem of the Blue River from the confluence
with French Gulch to a point one half mile below Summit County
Road 3 for Manganese (Water Supply use).
• Segment 6 - Snake River source to Dillon Reservoir for zinc,
cadmium, copper, lead. (TMDL approved in 2008)
• Segment 7 - Peru Creek source to Snake River confluence for
zinc, cadmium, copper, lead. (TMDL approved in 2008)
• Segment 12 Illinois Gulch for cadmium (TMDL completed in )
• Segment 18 Straight Creek source to Blue River confluence —
sediment (TMDL approved in 2000).
13
Eagle River:
• Segment 5c — Eagle River from Martin Creek to Gore Creek
confluence for cadmium.
• Segments 5a/5b/5c — Eagle River for copper and zinc (TMDL out
for public review)
• Segment 6 - Black Gore Creek adjacent to 1-70 for sediment.
• Segment 6 — Mainstem of Lake Creek from below the confluence
with East and West Lake Creek to the mouth for Aquatic Life
(provisional) concerns
• Segment 6 — Red Sandstone Creek from north side of 1-70
Frontage Road to confluence with Gore Creek for Aquatic Life
(provisional) concerns
• Segment 7b - Cross Creek for copper and zinc (TMDL out for
public review)
• Segment 9a — Mainstem of Eagle River from Ute Creek to
confluence with Rube Creek for temperature
• Segment 9a — Eagle River from confluence with Berry Creek to
confluence with Squaw Creek for sediment
Roarinq Fork River:
• Segment 3a — West Sopris Creek for Aquatic Life (provisional)
concerns
• Segment 3a — Roaring Fork River from confluence with Hunter
Creek to below Brush Creek confluence for Aquatic Life
(provisional) concerns
• Segment 4 — Mainstem of Brush Creek for Aquatic Life
(provisional) concerns
• Segment 7 — South Fork Frying Pan River from transbasin
diversion to confluence with unnamed tributary (39.25128 N —
106.59442 W) for Aquatic Life (provisional) concerns
Upper Colorado River:
• Segment 2 —Willow Creek Reservoir for Manganese
• Segment 3 —Colorado River mainstem from CR 578 bridge to just
above the Blue River confluence for temperature.
14
• Segment 7a — Alkali Slough for total recoverable iron and
selenium
• Segment 7b — Muddy Creek from Cow Gulch to the Colorado
River for temperature
• Segment 10a Fraser River and Vasquez Creek for Aquatic Life
(provisional) concerns
• Segment 10a— Ranch Creek for temperature.
• Segment 10c — Mainstem of the Fraser River from Hammond
Ditch to the Colorado River for temperature
• Segment 12 — Shadow Mountain Reservoir for DO
• Segment 12 — Lake Granby for Aquatic Life Use (Mercury in fish
tissue).
North Platte:
• Segment 4b - Illinois River for total recoverable iron
• Segment 7b — Spring Creek for DO
• Segment 9 — Lake John for DO
1.2.7 Monitoring and Evaluation Recommendations in Region XII for 2012
303(d) List
The WQCD lists segments where the data is insufficient to determine
whether the classified use is being supported. NWCCOG supports this
list, which is summarized below for segments in the NWCCOG 208
region.
The Northwest Colorado Council of Governments recommends that
several segments in the region be added to the State of Colorado's
303(d) list for monitoring and evaluation as follows:
Blue River Watershed:
• Segment 4a — Gold Run Gulch below Jessie Mine for Cadmium
and Zinc.
• Segment 17 — Blue River from outlet of Dillon Reservoir to N. Fork
Rock Creek confluence for Aquatic Life concerns
15
• Segment 20 - Spruce Creek for total recoverable iron.
Eagle River Watershed
• Segment 6 - Black Gore Creek adjacent to 1-70 for Aquatic Life
concerns
• Segment 6 - Beaver Creek from confluence with Wayne Creek to
mouth for Aquatic Life concerns
• Segment 6 — Red Sandstone Creek from USFS Boundary to north
side 1-70 Frontage Road for Aquatic Life concerns
• Segment 9a — Eagle River from Berry Creek to confluence with
Ute Creek for temperature.
• Segment 9a - Eagle River from Berry Creek to confluence with
Squaw Creek for Aquatic Life concerns
• Segment 9a - Eagle River from Gore Creek to confluence with
Berry Creek, and from Squaw Creek confluence with Rube Creek
for sediment.
• Segment 10a - Eby Creek for selenium
Upper Colorado Watershed:
• Segment 3 — Colorado River from the outlet of Windy Gap
Reservoir to 578 Road Bridge for Aquatic Life Use concerns
• Segment 6b — Mainstem of unnamed tributary from the
headwaters to Willow Creek Reservoir road for DO
• Segment 7a — Muddy Creek and tributaries for temperature
• Segment 7b — Muddy Creek from Wolford Mountain Reservoir to
Cow Gulch for temperature
• Segment 10c - Fraser River from Town of Fraser to the
confluence with the Colorado River for copper.
• Segment 10c — Fraser River from Town of Tabernash to the Town
of Granby for lead.
Roaring Fork Watershed:
• Segment 3a — Capital Creek for selenium
• Segment 3b - Landis Creek portion for total recoverable iron.
16
Segment 10 - Thompson Creek for total recoverable iron
North Platte :
• Segment 1 - South Fork Big Creek for Copper and E. coli
• Segment 4a - Canadian River portion for dissolved iron and E. coli
• Segment 4a - Grizzly Creek and Little Grizzly Creek for Aquatic
Life concerns
• Segment 4a - Little Grizzly Creek for E. coli and total recoverable
iron
• Segment 4a - Lake Creek for pH and total recoverable iron.
• Segment 4a — Big Creek Reservoir for Aquatic Life Use (mercury
in fish tissue)
• Segment 9 - Lake John and North Delany Lake for pH
1.3. Implement Local Governmental Land Use Controls to Address Nonpoint
1.3.1 Counties and municipalities should continue to adopt and enforce
land use regulations designed to address water quality impacts associated with
land use activities
1.3.2 NWCCOG should assist counties and municipalities to implement
the NWCCOG Model Water Quality Regulations through their individual land use
codes. The priority areas for implementation are Grand, Summit and Eagle
Counties
1.3.3 Municipalities should adopt watershed protection regulations to
protect the area located upstream of their intake point for municipal water supply
pursuant to CRS 31-15-707(1)(b).
1.4 Implement Water Quality Improvement Protects
NWCCOG will facilitate activities of designated management agencies and other
interested parties to implement voluntary water quality improvement projects.
The Regional Priorities for projects and project funding is based on the regional
priorities listed in Volume II and include::
Nonpoint Source Pollutants from Development Areas
Acid Rock Drainage
Hydrologic Modifications From Water Projects
17
Large Area Soil Disturbance Activities
Roadways and Pavements
Point Source Discharges From Developed Areas
Of these, the two most significant water quality priorities in the region are
Nonpoint Source Pollutants from Development Areas and Acid Rock Drainage.
NWCCOG recommends that projects addressing Acid Rock Drainage and
Nonpoint Source Pollutants from Development Areas receive the highest priority
for grant funding and direction of personnel activity.
Nonpoint Source Pollutants from Development Areas:
Areas of focus should include: Urbanized areas in the Fraser River,
Blue River, Gore and Eagle River, and Roaring Fork River
Pollutants of interest include: Nutrients and Sediment. A subset of this
area of focus is related to groundwater impacts in development areas
and includes impacts from septic systems and urban activities.
Acid Rock Drainage
Areas of focus should include: Snake River Watershed, French Gulch,
Eagle River in the Belden area and should include consideration of
mine portals and dumps in addition to naturally occurring acid rock
drainage.
Chapter 4 in each of the watershed plans identifies watershed -specific projects
that NWCCOG supports.
18
Policy 2. Water Use and Development
The project developer shall mitigate the impacts to water quality and the
aquatic environment caused by water supply projects.
Implementation Recommendations
2.1 Local Governments
Local governments, through their regulations, should require mitigation of
impacts to water quality and the aquatic environment caused by water diversion
projects.
2.2 NWCCOG Review
NWCCOG will review and comment on proposed federal permits to ensure that
water quality mitigation is required to the extent allowed by law.
2.3 Instream Flows
NWCCOG will support efforts by local water user groups and water quality
management agencies to preserve stream flows by requesting the Colorado
Water Conservation Board establish instream flows. NWCCOG will also work
with local governments to identify Recreational In -Channel Diversions to provide
recreational amenities for local communities.
2.4 Joint water aualitv data development
NWCCOG will initiate efforts to jointly develop water quality and quantity data
with operators of trans -mountain diversion projects so that those projects can be
operated to avoid increases in wastewater treatment costs and to minimize
adverse impacts to waterbodies within the Region.
2.5 Improvinq Water Use Efficiency
NWCCOG supports efforts to improve water use efficiency such as conjunctive
use agreements, water banking, water metering, potable and non -potable reuse,
landscaping requirements and conservation.
2.6 Stream Restoration Projects
NWCCOG will facilitate public/private cooperative efforts to implement stream
restoration projects that address the adverse impacts of hydrologic modifications
(specific recommendations are listed in the individual watershed water quality
management plans in the Watershed Improvement Projects Section).
2.7 Address Impacts Outside of Prosect Location
Local governments should require applicants for permits seeking to construct
iL�
major water projects to address impacts to water quality in affected areas outside
of the project location.
2.8 Water Conservation and Recycling
Plans for new water projects should include water conservation programs and
maximize recycling and reuse to minimize demand for new water supply.
2.9 Trans -mountain Diversions
Denver Water will not acquire new water rights or develop new trans -mountain
diversions from the region unless agreed to by the county of origin per the
Colorado River Cooperative Agreement
(.http://www.crwcd.org/media/uploads/Summary_Briefing_FlNAL.pdf )
Transmountain Diversions .f !,
r Colorado River Headwaters
�� tj irrr E iii ..
t �
40
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_'..i i `j r ar..•+ r•' ....^ 'ver" � ►•- o.rA�F <._, +�, .n
�✓ �'\ •� \�' "' Transmounfaln DNeralrw are
' �� a°u,� un.. 10 Year Average - 1998.700ib
"�" a'r•j'\ �r. ... i'' w.nr. n...i r,`y,r A Tohl - 507.561 AF
CdwWIWY wi4
BuYJ✓wJm Mwn Dddr
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Gunpison
7
t ti`
KII
Policy 3. Land Use and Disturbance
Water quality, including wetlands, floodplains, shorelines and riparian
areas, must be protected from impacts of land use and development so
that significant degradation of water quality is prevented.
Implementation Recommendations
3.1 NWCCOG Water Qualitv Reaulations
Local governments should amend their land use codes to adopt the NWCCOG
Water Quality Regulations (Appendix 10) or other regulations that require:
building setbacks from waterbodies, erosion control, post -construction
stormwater detention, snow storage and melt criteria, and related techniques to
prevent degradation of water quality associated with building and development.
3.2 Agricultural BMP
NWCCOG and local governments should encourage the agricultural community
to implement voluntary Best Management Practices (BMPs) for agricultural
activities to minimize adverse impacts to water quality from these activities.
Examples of BMPs can be found in Appendix 11.
3.3 Protecting Water Resources
Developers should protect streams, floodplains, wetlands, riparian areas, and
reservoir shorelines through conservation easements, land exchanges, transfer
of development rights, setbacks, or similar resource protection techniques.
3.4 Maintaining Hydrological Characteristics
Developers should maintain the hydrological characteristics of the development
site similar to pre -development conditions. Drainage plans should be designed
and implemented, including calculation of storm runoff volumes and velocities
(before and after development), using accepted hydrologic calculation
procedures,
3.5 Minimizing impervious surfaces
Development should minimize impervious surfaces and break up large
connected impervious areas utilizing techniques such as those outlined by EPA:
htto://www.eDa.aov/owow/NPS/lid/
3.6 Stormwater discharaes
Stormwater discharges should not result in any significant increase in total
pollutant loads and should not result in the direct discharge of stormwater to a
waterbody or drainage way. Efforts should be taken to practice "green
infrastructure" , see:
oil
http://www.asla.org//uploadedFiles/CMS/Government Affairs/Federal Governme
nt Affairs/Bankin2%20on%20Green%20HiahRes.odf
3.8 Golf Courses
Design, construction, operation, and maintenance of golf courses should follow
"Guidance for Water Quality Enhancement at Golf courses through the Use of
Best Management Practices" prepare for the Colorado Nonpoint Source Council,
December, 1996 (Appendix 11).
3.9 Mountain Driveways
Design and maintenance of mountain driveways should follow "Mountain
Driveway Best Management Practices", prepared for the Colorado Nonpoint
Source Task Force, June 1999 (Appendix 11).
22
Policy 4. Domestic, Municipal, and Industrial Water and Wastewater
Treatment Facilities
Decisions to locate water supplies, wastewater treatment systems, and
other water and wastewater facilities shall be made in a manner that
protects water quality and the aquatic environment. Where growth and
development requires the need for additional facility capacity, existing
facilities should be expanded instead of developing new facilities, unless
expansion is not feasible because of technical, legal or political reasons.
Implementation Recommendations
4.1 Review of Water Projects
NWCCOG will review site applications for wastewater treatment plants, and
permit applications for municipal and industrial water treatment facilities for
consistency with this plan and forward comments to the affected local
government, and to appropriate state and federal agencies.
4.2 Minimizing Nonpoint Source Pollution
NWCCOG and appropriate watershed management agencies will coordinate
efforts to minimize nonpoint source pollution so that point source dischargers do
not bear a disproportionate share of water quality protection costs.
4.3 Pollutant Trading
NWCCOG will recommend that the WQCD evaluate the effectiveness of pollutant
trading opportunities during facility planning and drafting of Colorado Discharge
Permits (CDPS).
4.4 Consolidating Wastewater Treatment Plants
To avoid proliferation of wastewater treatment plants and operating agencies,
consolidation should be required wherever possible.
4.5 Private Wastewater Operators
The ownership and management of wastewater treatment facilities by
homeowner associations or private wastewater operators should be avoided
whenever possible.
4.6 Biosolids
Counties should consider requiring re -use of biosolids as an alternative to
allowing landfill disposal of biosolids.
4.7 New Water Treatment Facilities
The design of new and upgraded water treatment facilities should include energy
23
efficiency techniques such as heat exchangers or solar powered pumps, see:
httr)://www.er)a.aov/reaion9/waterinfrastructure/technology.html
4.8 Septaae Disposal
Disposal plans for septage from onsite wastewater systems and recreational
vehicles should be required when local governments approve such systems.
Local governments should require regular inspections of septic systems, and
inspection upon sale of homes served by such systems.
4.9 Water Provider Forums
NWCCOG will facilitate watershed -based water and wastewater provider forums
to discuss Total Maximum Daily Loads (TMDLs), waste load allocation and
management, and information sharing. Existing examples include the Summit
Water Quality Committee and the East Grand Water Quality Board.
24
Policy 5. Chemical Management
The application of pesticides, fertilizers, algaecides, road deicing and
friction materials, and other chemicals should not cause significant
degradation of water quality or impair the current or designated uses of
these waters.
Implementation Recommendations
5.1 Chemical Use Reduction Plans
Local governments should require chemical use reduction plans for new
industrial and commercial land uses. These plans should reflect integrated
approaches to pest control and detailed soil testing and plant analyses.
Appropriate management agencies will encourage education efforts in
cooperation with the Natural Resources Conservation Service and State
Extension Service to inform the public and other users of fertilizers and
pesticides concerning the appropriate use and alternatives to the use of these
materials in order to minimize water quality impacts.
5.2 Road Deicina and Sandina
NWCCOG and county governments will provide these recommendations to state
and federal agencies for road maintenance and deicing:
5.2.1 Sanding materials and chemical application rates should be the
minimum necessary to obtain safe and efficient operation of streets,
roads, and highways.
5.2.2 Salt and other chemicals should be applied only when removal of
snow and ice cannot be accomplished by blading, plowing or sanding.
5.2.3 Minimize use of sand and chemicals in and adjacent to
environmentally sensitive areas such as streams, lakes, ponds, wetlands,
potential aquifers, and flood prone areas.
5.2.4 Chemically treated or sanded snow and ice should not be dumped,
plowed or stored where melt can flow directly into surface waters.
5.2.5 Discharges from snow storage areas to waterbodies require a
Colorado Discharge Permit.
5.3 Storage, Handling and Use of Hazardous Substances
Local governments should enact regulations to require that storage, handling,
and use of hazardous substances be conducted in accordance with the following
general guidelines:
5.3.1 All materials should be kept in appropriate containers and/or under
cover, protected from precipitation and stormwater flows and in
25
compliance with state and federal hazardous waste and management
laws.
5.3.2 All storage areas should be kept clean of spilled material.
5.3.3 Handling and moving of materials should be minimized.
5.3.4 Hazardous substances should not be stored on potential aquifer
recharge areas, unstable slopes, flood prone and other geologic hazard
areas.
5.3.5 Fracking materials used for oil and gas development should be
disclosed to local governments for emergency preparedness.
5.4 Transportation of Hazardous Substances
Transportation of large amounts of hazardous substances should be tracked and
monitored throughout the region by the local fire departments or designated
emergency response provider.
5.5 Source Water Protection Programs
Local governments should implement source water protection programs (see:
http://www.cdphe.state.co.us/wq/sw/swaphom.htmI ).
5.6 Management of Hazardous Household Wastes
Local governments and solid waste disposal facilities should encourage
responsible management of hazardous household wastes (oil, paint, acids,
pesticides, etc.) through public education outreach.
26
POLICY 6. Manaaement Svstem
Management agencies are designated to best reflect their legal and
jurisdictional authorities.
The waters of the region should be protected by a management agency
structure within the existing governmental and regulatory framework that
allows decisions to be made at the most appropriate level of control. The
watershed level is the recommended level for management of nonpoint
source pollution control. Table 2 identifies the recommended management
agency structure.
Background
The federal Clean Water Act requires the governor of each state to designate
management agencies responsible for carrying out the provisions of approved
water quality management programs. Once designated by the governor and
approved by the Regional Administrator of the Environmental
Protection Agency, functional responsibility for carrying out the provisions of the
water quality management plan is legally assigned to that entity.
Further, the Federal Clean Water Act specifies that:
• Future construction grants for wastewater treatment facilities under Section
201 of the Act will be awarded only to entities that are designated as
management agencies.
• No discharge permit will be issued which is in conflict with the
recommendations of an approved 208 Plan as updated by the designated
planning and management agencies.
The Desianation Process
The designation of management agencies establishes part of the legal basis for
delegation of authorities necessary to carry out the recommendations of Water
Quality Management Plans. The management agency structure by NWCCOG is
outlined in Table 2.
Implementation Recommendations
See Table 2 for the Recommended Management Agency Structure to implement
the NWCCOG Regional Water Quality Management Plan.
6.1 Federal Lands
Federal land management agencies (USFS, BLM, NPS) manage in cooperation
with counties where the land is located.
6.2 Local Governments
Municipal and county governments are designated as management agencies for
local land use decisions within their jurisdictions.
27
6.3 Sanitation Districts
Sanitation districts, water and sanitation districts and wastewater management
authorities are designated as management agencies for the construction,
operation, and maintenance of wastewater facilities within their service area.
6.4 Municipal and County Facilities
The Towns of Eagle, Gypsum, Hot Sulphur Springs, Red Cliff,
Silverthorne/Dillon, and Summit County (Snake River) are designated as
wastewater management agencies for the construction, operation, and
maintenance of wastewater facilities within their service area.
6.5 Ooeratina Aaencies
No HOA or other privately owned wastewater treatment facilities may provide
wastewater treatment without an agreement with the local government or special
district with jurisdiction over its facility. Homeowner associations and private
owners of wastewater treatment facilities are designated as operating agencies
for their own facilities.
6.7 The Role of NWCCOG
6.7.1 Develop, review and revise the Regional Water Quality
Management Plan.
6.7.2 Provide outreach and education to its member jurisdictions.
6.7.3 Support watershed water quality planning processes.
6.7.4 Encourage and assist local governments in developing regulations
which address water quality issues as recommended in the 208 Policy
Plan.
6.7.5 Facilitate intergovernmental agreements which will further
watershed water quality planning.
6.7.6
Provide technical support in development of water quality improvement
projects.
6.7.7 Review, and comment when appropriate, on site applications,
water quality standards, environmental impact statements and permits in
the region, in accordance with the 208 Plan policies and implementation
recommendations.
6.7.8 Participate in state water quality proceedings such as WQCD
hearings and state water quality work groups, to represent the interests of
NWCCOG members consistent with this 208 Plan.
28
Volume I Reference Section
This Plan is structured to satisfy the applicable state guidelines and to satisfy
local planning considerations that dictate a flexible and innovative approach to
water quality planning to avoid future water quality problems.
Table 1 provides a summary of the elements of water quality planning
recommended under the State Guidelines compared to the elements contained
in this Plan. The Policy Plan (Volume 1) together with the technical appendices
contain all of the State elements.
Table 1. Water Quality Planning Elements
29
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Table 2. Management Agency Structure.
Activity and Policy
Management Agency
Areawide Water Quality Planning
Northwest Colorado Council of Governments
Local Land Use Planning
Counties and municipalities
Policy 1. Protect and enhance water quality
Recommend water quality standards revisions
NWCCOG, counties, municipalities, special districts,
Water Quality Control Division
2. Water Use and Development
Issue 1041 permits
Issue Special Use Permits/Right of ways
Issue 404 permit
Issue 401 certifications
Appropriate Instream flows
Counties and municipalities
USFS, BILK Counties
US Army Corps of Engineers
Colorado Water Quality Control Division
Colorado Water Conservation Board
Policy 3. Land Use and disturbance
Encroachment
Counties, municipalities, special districts, federal
land management agencies
Public facilities
Counties, municipalities, special districts, federal
land management agencies, Colorado Department
of Transportation
Vegetative disturbance
Counties, municipalities, special districts, federal
land management agencies
Soil Disturbance
Counties, municipalities, special districts, federal
Issue 1041 Permits
land management agencies, Natural Resource
Conservation Service
Impervious Cover
Counties, municipalities
Stormwater
Counties, municipalities, Colorado Water Quality
Control Division
Policy 4. Domestic, municipal, and industrial water
and waste treatment facilities
Issue Colorado Discharge Permit s
Colorado Water Quality Control Division
Approve site applications
Colorado Water Quality Control Division
Review site applications
NWCCOG, counties, municipalities, special districts
Issue 1041 permits
Counties, municipalities
Biosolids Applications
Counties, Water Quality Control Division, Hazardous
Materials Division
Landfill site approvals
Counties, Hazardous Materials Division
Onsite wastewaters stem permits
Counties, Colorado Water Quality Control Division
Policy 5. Chemical Management
Spill prevention and cleanup
Colorado Department of Public Health and
Environment, CDOT, municipalities, special districts
30
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metersi 100
RESOLUTION NO. 2015-09-05
A RESOLUTION DENYING THE APPLICATION FOR A USE BY SPECIAL REVIEW FOR THE
BYERS WASTEWATER TREATMENT FACILITY
WHEREAS, at the regular meeting of the Fraser Planning Commission held on June 24,
2015, Cornerstone Winter Park Holdings requested Planning Commission consideration of the
Application for Use by Special Review for the Byers Wastewater Treatment Facility and the
Planning Commission conducted a Public Hearing on the matter, and
WHEREAS, at the regular meeting of the Fraser Town Board held on September 16,
2015, Cornerstone Winter Park Holdings requested consideration of the Application for Use by
Special Review for the Byers Wastewater Treatment Facility and the Town Board conducted a
Public Hearing on the matter, and
WHEREAS, after reviewing the application and associated submittals, staff provided a
briefing dated September 11, 2015 wherein it was noted that staff finds that the applicant has
not met the burden of proof to demonstrate that the proposed Use by Special Review meets the
standards and criteria for such uses as provided by the Town Code. Accordingly, staff
recommended denial.
NOW THEREFORE BE IT RESOLVED that the Town Board hereby finds the following:
a. The proposed use does not comply with all requirements imposed by the Fraser
Town Code and all other ordinances and regulations of the Town.
b. The proposed use is not in conformance with the Town's Comprehensive Plan.
C. The proposed use is not compatible with adjacent uses due to the proposed site
design and inadequate control of adverse impacts, including noise, odor and
impact on property values of the surrounding area.
d. Alternatives exist to address the community need for the use, the development is
better served at the Upper Fraser Valley Wastewater Treatment Facility.
e. The location for the use is not suitable.
f. The proposed use is not in compliance with all requirements of Chapter 16,
Article 4 of the Fraser Municipal Code.
FURTHERMORE, the Town Board hereby denies the Application for Use by Special Review for
the Byers Wastewater Treatment Facility. In addition to the failure to meet the Use by Special
Review Criteria, the Town Board notes the following:
a. Given the fact that the Colorado Department of Public Health and Environment
permitting process has not been initiated, we cannot confirm permitting
requirements that may affect site design. For example, given the size and
seasonal nature of Elk Creek, we anticipate that flow equalization will be required
for the effluent.
b. The submittals do not meet the minimum information necessary to determine
compliance with all of the criteria and standards.
C. The proposal is not consistent with the requirements of the Meyer Subdivision
Improvement Agreement, in particular it does not provide for pedestrian access
to and along Elk Creek or provisions related to CR72.
APPROVED AND ADOPTED THIS 16th DAY OF September, 2015.
Town Board
Mayor
ATTEST:
Town Clerk
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MEMO TO: Mayor Smith and Board of Trustees
FROM: Catherine E. Trotter, AICP, Town Planner
DATE: September 11, 2015
SUBJECT: Planner Briefing on The Meadows — Major Subdivision
MATTER BEFORE THE PLANNING COMMISSION:
Final Plan and Final Plat — The Meadows at Grand Park (Planning Area 3WC)
ACTION REQUESTED/EXECUTIVE SUMMARY:
The applicant, Grand Park Development LLC., is requesting Final Plan and Final Plat approval
of The Meadows at Grand Park (Planning Area 3WC).
BACKGROUND:
This property is zoned Planned Development District — PD and we are processing a Major
Subdivision Final Plat.
The Grand Park development is subject to the requirements contained in the 2003 Rendezvous
Annexation Agreement and Planned Development District Plan (PDD), as amended by the 2005
Grand Park PDD Plan amendment. This proposal relates to Planning Area (PA) 3WC, as
shown on the Grand Park PDD Plan, Reception # 2005-012709.
The PDD land use and development notes indicate the following:
"Planning Area 3WC, approximately 12 acres, is located between US 40, Old Victory Road and
the Cozens Meadow. This mixed use area will draw on some of the same themes of Planning
Area 1 Wa with pedestrian linkages and accessible parking."
The entitlements in the PDD for PA 3WC allow for 60 attached residential units with an average
density of 5.2 units per acre and 70,000 SF of commercial. The approved development
standards allow for mixed use and require 10% open space and a 45' maximum building height.
Required setbacks in PA 3WC are 0' in the front yard, 0' in the side yard and 10' in the rear
yard, and 20' improvement and 20' building setback from US40.
This subdivision application is being processed as a Major Subdivision in accordance with
Section 17-5-10 of the Fraser Municipal Code. The purpose of a major subdivision plat is to
divide one (1) or more lots or parcels of land into a total of five (5) or more lots or five (5) or
more dwelling units.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
The applicant initially proposed 30 single-family lots to be platted and constructed in three (3)
phases accessed by a public street (with a sidewalk on one side of the street) and a secondary
access via a private street.
Now the plats depict 30 single-family lots and five additional lots labeled lots 31-35. Remove
lots 31-35 from the plat boundary to conform to the Final Plan boundary.
As mentioned above, there is a secondary access shown on the documents listed as "private
street." This private street is proposed to provide a loop and secondary access to the parcel,
connecting Old Victory Road across for Elk Ranch Road (Elk Creek at Grand Park subdivision).
Staff recommends the following condition:
The "private road" as depicted on all three final plats shall be improved as a twenty-four foot
(24) wide all-weather surface (CDOT Class 6 road base) access road constructed to the lines,
grades and vehicle weight loading requirements of the Town of Fraser Design and Construction
Standards for a Local Street. This roadway improvement shall be included in the Subdivision
Improvement Agreement for Filing No. 2. At the completion of Filing No. 3, the all-weather
surface access road shall be paved in accordance with Town of Fraser Standards and said
improvements shall be included in the SIA for Filing No. 3.
The Fraser Municipal Code Sec. 17-5-110 allows for a phased development review process.
The SIA is required prior to the recordation of each final plat. The SIA required improvements
and collateral associated with those improvements shall be subject to Town Engineer and Town
Attorney approval prior to execution, and the schedule for completion of said improvements
shall be within one (1) year of execution of the SIA. Any final plat not executed and recorded
within five (5) years of approval of the final plat shall expire unless an extension is approved by
the Board of Trustees. The Town may condition a phasing plan on the submission of an
agreement to dedicate easements or rights-of-way.
Aerial below indicates the general vicinity of PA 3WC, approximately 12 acres.
,r0,
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
Staff has provided the following materials in the packet:
Planner Briefing
Rod McGowan review comments from PRELIMINAY PLAT
PC Resolution No. 2015-08-01 and PC Resolution No. 2015-07-02
The applicant has provided the following materials in the packet:
Final Plat Narrative
Final Plats
Final Plan
Meadows at Grand Park Illustrative
All legal comments pursuant to the Annexation Agreement shall be forwarded to the Town
Board for review and consideration.
RECOMMENDATION:
Staff has prepared a resolution approving this development application.
Please contact me with questions/concerns. ctrotter(cD-town.fraser.co.us
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
TOWN OF FRASER
RESOLUTION NO. 2015-09-06
A RESOLUTION APPROVING THE MEADOWS — AT GRAND PARK -FINAL PLAN AND FINAL
PLAT FILINGS NO.1, NO. 2 and NO. 3, PLANNING AREA 3WC.1 GRAND PARK PLANNED
DEVELOPMENT DISTRICT, LOCATED IN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75,
WEST OF THE 6T" PM COUNTY OF GRAND, STATE OF COLORADO
At the regular meetings of the Fraser Planning Commission held on July 22, 2015 and
the August 26, 2015, Grand Park Development LLC, requested a recommendation of approval
for Final Plan and three Final Plats, Filing No. 1, Filing No. 2 and Filing No. 3 for The Meadows
at Grand Park (Planning Area 3WC.1) and
WHEREAS, Grand Park Development LLC is the current owner of Planning Area 3WC.1
and;
WHEREAS, Grand Park Development LLC is requesting final plan and final plat
approval for three Filings of The Meadows at Grand Park; and
WHEREAS, Staff has determined that this application is in compliance with the Fraser
Municipal Code.
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO THAT.
The Town Board of Fraser, Colorado hereby approves the Final Plan and Final Plats, Filing No.
1, Filing No. 2 and Filing No. 3 for The Meadows at Grand Park with the following conditions:
1. The "private road" as depicted on all three final plats shall be improved as a twenty-four
foot (24') wide all-weather surface (CDOT Class 6 road base) access road constructed
to the lines, grades and vehicle weight loading requirements of the Town of Fraser
Design and Construction Standards for a Local Street. This roadway improvement shall
be included in the Subdivision Improvement Agreement for Filing No. 2. At the
completion of Filing No. 3, the all-weather surface access road shall be paved in
accordance with Town of Fraser Standards and said improvements shall be included in
the SIA for Filing No. 3.
2. Provide all off-site easements. Reception numbers of any such easements shall be
listed on the plat.
3. All engineering documents to be reviewed and approved by the Town Engineer.
4. All legal documents to be reviewed and approved by the Town Attorney.
5. Remove lots 31-35 from the plat boundary to conform to the Final Plan boundary.
6. A Subdivision Improvement Agreement (SIA) shall be provided prior to recordation of
each Final Plat.
7. The SIA required improvements and collateral associated with those improvements shall
be subject to Town Engineer and Town Attorney approval prior to execution and the
schedule for completion of said improvements shall be within one (1) year of execution
of the SIA.
8. Payment of all applicable fees.
9. The Final Plan and Final Plats, Filing No. 1, Filing No. 2, and Filing No. 3, shall be
executed and recorded within five (5) years of this resolution of they shall expire unless
an extension is approved by the Board of Trustees.
10. Provide an updated title commitment and the 911 Mylar and electronic copy of the plat in
accordance with the Subdivision Regulations.
APPROVED AND ADOPTED THIS 16th day of September, 2015.
BOARD OF TRUSTEES OF THE
TOWN OF COLORADO
By: _
Mayor
ATTEST:
Town Clerk
(SEAL)
CAZIER & MCGOWAN
Attorneys at Law
Stanley W. Cazier, P.C.
Rodney R. McGowan, P.C.
John A Walker, P.C., Of Counsel
I
MEMORANDUM
To: Ms. Catherine Trotter, Fraser Town Planner
cc: Mr. Jim Swanson, Town Engineer; Mr. Allen
Nordin. Public Works Director
From: Rod McGowan, Town Attorney
Date: July 8, 2015
62495 U.S. Highway 40 East
P.O. Box 500
Granby, Colorado 80446
Telephone: (970) 887-3376
Fax: (970) 887-9430
Rod McGowan
rodne mc¢owan-pc.com
Subject: The Meadows at Grand Park - FPDP and Preliminary Plat Application
I received the following materials regarding this proposal:
■ Title Commitment
■ Narrative
■ Supplemental Covenants
■ FPDP (Final Plan), dated 6/19/15
■ Preliminary Plat, dated 6/5/15
The following comments supplement those provided by the Town Engineer and Town Planner.
A. Compliance with Annexation Agreement and PDD Plan
The Grand Park development is subject to the requirements contained in the 2003
Rendezvous Annexation Agreement and PDD Plan, as amended by the 2005 Grand Park
PDD Plan amendment. This proposal relates to Planning Area 3Wc, as shown on the
Grand Park PDD Plan, but only a portion of PA3Wc (designated as PA3 Wc. l) is
included in the proposed FPDP and preliminary plat, with the remainder of PA3Wc
shown as intended for future development. The proposed Planning Area boundaries do
not conform to the PDD Plan, in that the southerly boundary extends substantially further
into the meadow than shown on the PDD Plan. Further, the entire PA3Wc has been
shifted to the south, leaving an isolated strip of land between the Planning Area boundary
and Highway 40. This strip, which includes the existing landscape berm, is not provided
for in the PDD Plan and no provisions are included for its ownership and maintenance.
July 8, 2015
Page 2
2. The Annexation Agreement requires the developer to design, construct and convey to the
Town all "Water Source Facilities" needed to serve the development. Such Water Source
Facilities include "raw water reservoirs, distribution system to convey water to and from
such reservoirs, and other augmentation facilities required to provide a legal and physical
potable water supply for the Rendezvous Property..." Currently, a decreed source for
augmentation water under the Rendezvous augmentation plan is the reservoir referred to
as Maryvale Reservoir, or Mary's Pond, located at East Mountain. This reservoir has
been used to satisfy the augmentation requirements for the Rendezvous water system, but
the facility has not yet been conveyed to Fraser. A proposed Grant of Easement and
Augmentation Pond Operation Agreement has been prepared and submitted to the
applicant and Rendezvous Colorado LLC for approval, in order to satisfy this
requirement. As of this writing, that Agreement has not yet been executed. Approval of
the current proposal should be conditioned upon the execution of such Agreement and
delivery to the Town.
3. Appropriate professionals should confirm whether additional Water Source Facilities
and/or Water Regional Facilities are necessary to serve the proposed development and
other existing or currently proposed development at Rendezvous/Grand Park. If
additional augmentation storage is required, approval of this proposal should be
conditioned upon the developer constructing and conveying the storage facilities or
easements therefor, together with all necessary or appropriate water rights, upon terms
acceptable to the Town.
4. The Annexation Agreement provides that the open space parcels designated on the 2003
PDD as Elk Creek Meadow and Cozens Meadow (PA23W) are to be placed into a
conservation easement, subject to agreement with Fraser regarding the use and
maintenance of said areas, the exact location and description of such open space parcels.
Approval of this proposal should be conditioned upon the execution and recording of
such conservation easement, upon terms acceptable to the Town.
5. Other Annexation -PDD requirements that apply.
(a) Annexation Agreement § 10.6 - provides that Fraser may designate and require the
conveyance of a five -acre site for a public purpose. Fraser has requested the
conveyance of this site pursuant a letter from the Town Attorney dated May 29,
2015. The requested site is adjacent to Old Victory Road between the existing
Cozens Meadow subdivision and Highway 40. It appears that the proposed
Meadows subdivision and FPDP will conflict with the proposed five -acre site,
due at least in part to the fact that the proposed development and Planning Area
3Wc have been shifted to the south of the location shown on the approved PDD
Plan. The plans should be modified to accommodate the site requested by the
July 8, 2015
Page 3
Town and the conveyance of the site should be a condition of approval of the
FPDP and plat.
(b) Annexation Agreement § 10.7 — provides for conveyance of a 4 acre site for public
use (PA6W). Fraser has requested that this site be conveyed to the Town, but
such conveyance has not yet been completed. Completion of this conveyance
should also be a condition of approval of the current proposal.
6. Requirements to be satisfied prior to approval of FPDP or subdivision application:
(a) Design for Water Source, Regional and Local Facilities to serve proposed
development [AA5.3, 5.5, 5.6]. See items A.2 and A.3 above. No plans were
received, or were reviewed by others.
(b) Design for central sewer system to serve proposed development [AA6.2]. No
plans were received, or were reviewed by others.
(c) Fraser may request conveyance of a site (in addition to PA6W) for satellite public
works facilities as part of a FPDP [AA10.7].
B. Compliance with FPDP regulations [Code §§16-5-410 et seq.]
1. The materials reviewed did not include a development schedule, other than a
general statement that the project will be completed in phases, with the first phase
proposed to be started in 2015. [Code §16-5-430(1)]
2. No public improvement agreements or bonds have been submitted, but these are
typically required at final plat. Code §16-5-430(5)]
3. The submittal did not include a plan which estimates the number of employees
needed to serve all or portions of the development and how they will be provided
housing. [Code §16-5-430(10)]. Section 4.7 of the Annexation Agreement
includes requirements relating to attainable housing, which have not been
addressed in the submittal materials.
4. Code § 16-5-440(9) calls for submission of a public transit plan, and sheet 5 of the
FPDP shows proposed pedestrian and vehicular routes for connecting with
existing transit facilities. Easements should be provided for the proposed trail
access where they do not currently exist. In addition, the regulations and the
Annexation Agreement contemplate that the location and extent of roadway
construction is to be determined in connection with FPDP and subdivision review.
The Planning Commission and Town Board should consider whether completion
July 8, 2015
Page 4
of the portion of Old Victory Road connecting to the south end of the Grand Park
development should be required in connection with this proposal, to facilitate
public transit and to otherwise serve the overall development.
C. Compliance with Preliminary Plat regulations [Code §17-5-30 et seq.]
1. The materials received do not reveal whether all preliminary plat requirements have been
addressed, and I would rely on other Town staff to review those requirements.
2. A plat note states that Tracts A, B C, D, and E is (sic) for open space, utility, snow
storage and drainage purposes, that Tract F And G is (sic) for landscape, utility and
signage purposes, and that Tracts A - G shall be owned and maintained by Grand Park
Homeowners Association. However, Tracts A and B are shown as future development
parcels.
3. The plan and plat do not adequately address secondary access to the proposed
subdivision. The subdivision regulations require that subdivision road systems be
designed with at least two publicly dedicated access easements and constructed roads for
separate, multiple ingress and egress. (Code § 17-7-520) The plan and plat show the
primary access point being from Old Victory Road along the street designated as
Haymeadow Lane, with a 30 -foot "Private Street" in the future development parcels
connecting back to Old Victory Road. The narrative states that Haymeadow Lane would
be the single access to the subdivision, and the private street would not be completed
until the future development occurs. These provisions would not satisfy the requirement
for multiple public accesses and would not meet Fraser's public road standards.
FRASER PLANNING COMMISSION
RESOLUTION NO. 2015-07-02
A RESOLUTION RECOMMENDING APPROVAL OF THE MEADOWS - FINAL PLANNED
DEVELOPMENT PLAN (FPDP) AND PRELIMINARY PLAT
PLANNING AREA 3WC.1 GRAND PARK PLANNED DEVELOPMENT DISTRICT, LOCATED
IN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75, WEST OF THE 6T" PM COUNTY OF
GRAND, STATE OF COLORADO
At the regular meeting of the Fraser Planning Commission held on July 22, 2015, Grand
Park Development LLC, requested a recommendation of approval for a Final Planned
Development Plan (FPDP) and Preliminary Plat for The Meadows at Grand Park (Planning Area
3WC.1) and
WHEREAS, Grand Park Development LLC is the current owner of Planning Area 3WC.1
and;
WHEREAS, Grand Park Development LLC is requesting FPDP and preliminary plat
approval which would create 30 lots to be platted and constructed in three phases and;
WHEREAS, Staff has determined that this application is in compliance with the
subdivision and zoning regulations of the Town of Fraser.
NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted
to recommend approval of The Meadows — FPDP and Preliminary Plat with the following
conditions:
1. Address all review agency comments.
2. Revise plat boundary to include the trash enclosure.
3. Provide any and all off-site easements. Reception numbers of any such easements
shall be listed on the plat.
4. All Town Attorney comments pursuant to the Annexation Agreement, easements and
other legal documentation shall be forwarded to the Town Board for review and
consideration.
5. Address all of Rod McGowan's comments in his memo dated July 81h, 2015.
6. Address all of Jim Swanson's comments in the JRS memos dated July 6 1 and July 7th,
2015 and revise documentation accordingly.
7. Address all comments, if any, related to the results of the Brown & Caldwell hydraulic
water model analysis.
8. Address East Grand Fire Protection District comments letter.
APPROVED AND ADOPTED THIS 22nd DAY OF JULY, 2015.
FRASER PLANNING COM I SION
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6AQ 19 SEAL
Town Clerk
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FRASER PLANNING COMMISSION
RESOLUTION NO. 2015-08-01
A RESOLUTION RECOMMENDING APPROVAL OF THE MEADOWS — FINAL PLAT FILINGS
NO.1, NO. 2 and NO. 3, PLANNING AREA 3WC.1 GRAND PARK PLANNED DEVELOPMENT
DISTRICT, LOCATED IN SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75, WEST OF THE 6T"
PM COUNTY OF GRAND, STATE OF COLORADO
At the regular meeting of the Fraser Planning Commission held on August 26, 2015,
Grand Park Development LLC, requested a recommendation of approval for three Final Plats,
Filing No. 1, Filing No. 2 and Filing No. 3 for The Meadows at Grand Park (Planning Area
3WC.1) and
WHEREAS, Grand Park Development LLC is the current owner of Planning Area 3WC.1
and;
WHEREAS, Grand Park Development LLC is requesting final plat approval for three
Filings of The Meadows at Grand Park; and
WHEREAS, Staff has determined that this application is in compliance with the
subdivision regulations of the Town of Fraser.
NOW THEREFORE BE IT RESOLVED that the Fraser Planning Commission has voted
to recommend approval of The Meadows — Final Plat Filing No. 1, Filing No. 2 and Filing No. 3
with the following conditions:
1. The "private road" as depicted on all three final plats shall be improved as a twenty-four
foot (24') wide all-weather surface (CDOT Class 6 road base) access road constructed
to the lines, grades and vehicle weight loading requirements of the Town of Fraser
Design and Construction Standards for a Local Street. This roadway improvement shall
be included in the Subdivision Improvement Agreement for Filing No. 2. At the
completion of Filing No. 3, the all-weather surface access road shall be paved in
accordance with Town of Fraser Standards and said improvements shall be included in
the SIA for Filing No. 3.
2. Provide all off-site easements. Reception numbers of any such easements shall be
listed on the plat.
3. All Town Attorney comments pursuant to the Annexation Agreement, easements and
other legal documentation shall be forwarded to the Town Board for review and
consideration and the plan and plat modified accordingly.
4. All legal documents to be reviewed and approved by the Town Attorney.
5. The final plats shall not be scheduled for Town Board review until such time as the
revised engineering documents have been reviewed by the Town Engineer.
6. Address all issues in the Planner Briefing.
7. Confirm with the Town Attorney the Final Plat boundary can extend beyond the final plan
boundary. If the Town Attorney requires a Final Plan to be done for lots 31-35 they may
be removed from the plat and Grand Park shall be allowed to proceed with offsite
easements serving lots 1-30.
APPROVED AND ADOPTED THIS 2611 of August, 2015.
FRASER PLANNING COMMISSION
Chairman
ATTEST:
rt_F
PA
Town Clerk
\<ORAD0
DEDICATION AND NOTARY CLAUSE:
KNOW ALL MEN BY THESE PRESENTS: THAT GRAND PARK DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, IS
THE OWNER AND MORTGAGEE OF THAT REAL PROPERTY SITUATED IN THE TOWN OF FRASER, COUNTY OF GRAND, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL
MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, SOUTHWEST 1/4, SOUTHWEST 1/4, OF SAID SECTION 20; THENCE N 89'47'52" E,
A DISTANCE OF 81.51 FEET TO THE WESTERLY RIGHT-OF-WAY OF OLD VICTORY ROAD AND THE TRUE POINT OF BEGINNING;
FROM THE TRUE POINT OF BEGINNING;
THENCE, N 89'45'19" E FOR A DISTANCE OF 185.56 FEET TO A POINT ON A LINE.
THENCE, S 64'28'33" E FOR A DISTANCE OF 206.99 FEET TO A POINT ON A LINE.
THENCE, S 66° 36'51" E FOR A DISTANCE OF 371.79 FEET TO A POINT ON A LINE.
THENCE, S 69'27'38" E FOR A DISTANCE OF 61.84 FEET TO A POINT ON A LINE.
THENCE, S 18'42'00" W FOR A DISTANCE OF 234.74 FEET TO A POINT ON A LINE.
THENCE, S 55° 18'45" E FOR A DISTANCE OF 23.32 FEET TO THE BEGINNING OF A CURVE,
SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 02° 32' 43", HAVING A RADIUS OF 164.00 FEET, AND WHOSE LONG
CHORD BEARS S 56'35'06" E FOR A DISTANCE OF 7.29 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE.
THENCE, S 32° 08'32" W FOR A DISTANCE OF 36.00 FEET TO A POINT ON A LINE.
THENCE, S 17° 11'58" E FOR A DISTANCE OF 45.39 FEET TO A POINT ON A LINE.
THENCE, S 11° 53'14" E FOR A DISTANCE OF 52.78 FEET TO A POINT ON A LINE.
THENCE, S 32° 33'33" E FOR A DISTANCE OF 76.36 FEET TO A POINT ON A LINE.
THENCE, S 33'43'48" E FOR A DISTANCE OF 28.99 FEET TO A POINT ON A LINE.
THENCE, S 88° 14'48" W FOR A DISTANCE OF 154.70 FEET TO A POINT ON A LINE.
THENCE, N 33'46'23" W FOR A DISTANCE OF 86.00 FEET TO A POINT ON A LINE.
THENCE, S 85° 56'21" W FOR A DISTANCE OF 122.99 FEET TO A POINT ON A LINE.
THENCE, S 89'43'56" W FOR A DISTANCE OF 123.40 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF OLD VICTORY ROAD;
THENCE THE FOLLOWING FOUR (4) COURSES AND DISTANCES ALONG THE 80 FOOT EASTERLY RIGHT-OF-WAY LINE OF OLD
VICTORY ROAD;
1.) THENCE, N 00° 16'04" W FOR A DISTANCE OF 204.49 FEET TO THE BEGINNING OF A CURVE,
2.) SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 48° 31'38", HAVING A RADIUS OF 290.00 FEET, AND WHOSE
LONG CHORD BEARS N 24° 31'53" W FOR A DISTANCE OF 238.34 FEET.
3.) THENCE, N 48° 47'42" W FOR A DISTANCE OF 267.25 FEET TO THE BEGINNING OF A CURVE,
4.) SAID CURVE TURNING TO THE RIGHT THROUGH 34° 56'18", HAVING A RADIUS OF 110.00 FEET, AND WHOSE LONG CHORD
BEARS N 31° 19'33" W FOR A DISTANCE OF 66.04 FEET TO THE TRUE POINT OF BEGINNING.
THE DESCRIBED BOUNDARY CONTAINS 258,942 SQUARE FEET OR 5.944 ACRES, MORE OR LESS.
THAT THEY HAVE CAUSED SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS THE MEADOWS AT GRAND PARK, AND
DO HEREBY DEDICATE AND SET APART ALL THE STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PLACES SHOWN ON THE
ACCOMPANYING PLAT FOR THE USE OF THE PUBLIC FOREVER, AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL
PROPERTY WHICH ARE INDICATED AS EASEMENTS ON THE ACCOMPANYING PLAT AS EASEMENTS.
IN WITNESS WHEREOF, GRAND PARK DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, HAVE CAUSED ITS
NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF 12015.
BY:
C. CLARK LIPSCOMB, PRESIDENT
STATE OF )
)SS
COUNTY OF )
THE INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY
BY: C. CLARK LIPSCOMB AS PRESIDENT OF GRAND PARK DEVELOPMENT LLC
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
12015
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING N0. 1
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 1 OF 3
Fraser-Wi tiler
s
01
Porcupine R,ge
Park Amtrakp
r
h.
Z N
,
@PPJS4d�4v
Eisenhower or
o
`~ 511 Eatery
m a
l' c�
Il Ave
Byers Ave:
°r'{
Safeway
t Q
4
•.. Club Meedo Hidge
Mill Ave
®
w Q
\
SP
fn„
sem;
Elµ Creek U'
0. e
Elevation Pi-,
q�
�i
r2
1"r �� Fier
..
\
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14_
Valley Pkwy Fraser Valley Pkwy
SITE
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ADVEN RE PARK
01
Freser Tubirrg Hill
,'-
THE MEADOWS AT
GRAND PARK
x>>
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i2
rJ2�/1
S�
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O
1
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0
re
VICINITY MAP��`"
N.T.S.
MORTGAGEE'S CONSENT:
THE UNDERSIGNED, BEING THE AUTHORIZED REPRESENTATIVE OF U.S. BANK, N.A., THE HOLDER OF A BENEFICIAL
INTEREST IN AND TO THE PROPERTY DESCRIBED ON THIS PLAT, UNDER DEED OF TRUST RECORD JUNE 28, 2012 AT
RECEPTION NO. 2012-005143 AND RECEPTION NO. 2012-005144 OF THE GRAND COUNTY, COLORADO REAL
PROPERTY RECORDS, HEREBY CONSENTS TO THIS PLAT AND AGREES THAT THE LIEN OF THE DEED OF TRUST IS
HEREBY SUBORDINATED TO THIS PLAT.
BY:
NAME:
TITLE:
STATE OF )
) SS
COUNTY OF )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
BY AS
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYING CERTIFICATION:
DAY OF 12015
OF U.S. BANK, N.A.
I, ROBERT J. RUBINO, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE MEADOWS AT GRAND PARK - FILING NO. 1
TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY
DIRECTION AND THAT SAID PLAT COMPLIES WITH THE REQUIREMENTS OF TITLE 38, ARTICLE 51,
COLORADO REVISED STATUTES, 1973, AND THAT THE MONUMENTS REQUIRED BY SAID STATUTE
AND BY THE TOWN OF FRASER SUBDIVISION REGULATIONS HAVE BEEN PLACED IN THE GROUND.
DATED THIS DAY OF
ROBERT J. RUBINO, PLS 14142
OWNER/DEVELOPER:
,20
LAND PLANNER:
GRAND PARK DEVELOPMENT LLC TERRACINA DESIGN
A COLORADO LIMITED LIABILITY COMPANY LANDSCAPE ARCHITECTURE & PLANNING
PO BOX 30 10200 E. GIRARD AVENUE
WINTER PARK, CO 80482 BLDG. A SUITE 314
DENVER, CO 80231
SURVEYOR:
BOB RUBINO
3312 AIRPORT RD
BOULDER, CO 80301
303-419-7881
DATE PREPARED:
JUNE 25, 2015
AUGUST 03, 2015
AUGUST 14, 2015
NOTES:
1. BASIS OF BEARINGS: FOR THE PURPOSE OF THIS DESCRIPTION THE BEARINGS ARE BASED ON THE WEST LINE OF
SOUTHWEST 1/4 OF SECTION 20 AS MONUMENTED BY A 3-1/2" BRASS CAP STAMPED DENVER WATER AT THE
SOUTHWEST CORNER AND BY A 2.5" ALUMINUM CAP STAMPED PLS 11415 AT THE WEST 1/4 CORNER OF SECTION
20 ASSUMED BEARING S 00°06'09" E.
2. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND
BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE
STATUTE 18-4-508 OF THE COLORADO REVISED STATUTES.
3. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
4. THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY RUBINO SURVEYING OR PHELPS ENGINEERING TO
DETERMINE OWNERSHIP, RIGHT OF WAY OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING
EASEMENTS, RIGHTS OF WAY AND TITLE OF RECORD, RUBINO SURVEYING AND PHELPS ENGINEERING RELIED
UPON THE TITLE COMPANY OF THE ROCKIES, INC., TITLE COMMITMENT NUMBER 1116094-C DATED MAY 14, 2015.
5. ONSITE EASEMENTS ARE HEREBY DEDICATED BY THIS PLAT IN THE LOCATIONS SHOWN HEREON.
6. TRACTS A AND B ARE FOR LANDSCAPE, UTILITY AND SIGNAGE PURPOSES.
TRACTS C AND D ARE FOR OPEN SPACE, UTILITY, SNOW STORAGE AND DRAINAGE PURPOSES.
TRACTS A, B, C, AND D SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
7. FIRE PROTECTION SERVICES FOR THE MEADOWS AT GRAND PARK SHALL BE PROVIDED BY THE EAST GRAND FIRE
PROTECTION DISTRICT NO. 4.
8. THE PROPERTY IS SUBJECT TO THE AMENDED AND RESTATED ANNEXATION AGREEMENT RECORDED
DECEMBER 30, 2003 AT RECEPTION NO. 2003-016733, AS AMENDED; GRAND PARK PLANNED DEVELOPMENT
DISTRICT PLAN RECORDED NOVEMBER 8, 2005 AT RECEPTION NO. 2005-012709; THE FINAL PLAN FOR THE
MEADOWS AT GRAND PARK RECORDED 2015 AT RECEPTION NO. ; THE
COMMUNITY CHARTER FOR GRAND PARK RESIDENTIAL PROPERTY RECORDED DECEMBER 7, 2005 AT
RECEPTION NO. 2005-13834, AS AMENDED AND SUPPLEMENTED; AND THE COVENANT FOR COMMUNITY
ENHANCEMENT FEE RECORDED DECEMBER 7, 2007 AT RECEPTION NO. 2005-013836, AS AMENDED AND
SUPPLEMENTED.
9. FOR LINE AND CURVE TABLES SEE PLAT SHEET 2.
10. PERPETUAL NON-EXCLUSIVE 10 -FOOT UTILITY EASEMENTS ARE HEREBY GRANTED AND SHALL APPLY UPON,
ACROSS, ABOVE, OVER, UNDER AND THROUGH THE UTILITY EASEMENTS SHOWN ON THIS PLAT FOR THE PURPOSE
OF INGRESS TO AND EGRESS FROM, AND THE INSTALLATION, REPAIR, REPLACEMENT, OPERATION AND
MAINTENANCE OF ALL UTILITY LINES AND EQUIPMENT. ANY CONSTRUCTION AND PLACEMENT OF LINES,
EQUIPMENT, OR BUILDING STRUCTURES OR CHANGES IN GRADE SHALL COMPLY WITH THE STANDARDS OF ALL
UTILITY PROVIDERS UTILIZING THE EASEMENT.
11. THE TOWN OF FRASER HEREBY AGREES ABOVE GROUND UTILITY EQUIPMENT SHALL BE ALLOWED IN THE
FRASER TOWN RIGHT-OF-WAY AS DEPICTED HEREIN WHEN PLACED A MINIMUM OF 2' BEHIND THE SIDEWALK OR 3'
BEHIND THE 6" CURB WHERE THERE ARE NO SIDEWALKS.
12. SINGLE FAMILY DETACHED SETBACKS:
FRONT SETBACK: 10 FEET (20 FEET TO FRONT LOADED GARAGE)
SIDE SETBACK: 5 FEET
REAR SETBACK: 10 FEET
13. HAYMEADOW LANE SHALL BE PUBLIC AND OWNED BY THE TOWN OF FRASER.
CERTIFICATE FOR APPROVAL BY THE TOWN BOARD:
APPROVED AND ALL PUBLIC DEDICATIONS ACCEPTED THIS DAY OF 20 BY THE FRASER TOWN
BOARD. THE TOWN OF FRASER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CORRECTNESS OR ACCURACY
OF ANY INFORMATION DISCLOSED ON THIS PLAT NOR ANY REPRESENTATIONS OR INFORMATION PRESENTED TO
THE TOWN OF FRASER WHICH INDUCED THE TOWN TO GIVE THIS CERTIFICATE.
BY:
PEGGY SMITH,
MAYOR, TOWN OF FRASER
RECORDER'S CERTIFICATE:
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK
AND RECORDER OF GRAND COUNTY AT _M., ON THE
DAY OF A.D., 20 IN
BOOK PAGE ,MAP
RECEPTION NO
COUNTY CLERK AND RECORDER:
BY:
DEPUTY
APPLICANT:
GRAND PARK DEVELOPMENT LLC
A COLORADO LIMITED LIABILITY COMPANY
PO BOX 30
WINTER PARK, CO 80482
M
PHELPS
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
LINE TABLE
LINE #
BEARING
DISTANCE
LI
S69'27'38 "E
61.84
L2
S55' 1845 "E
23.32
L3
S32'0832 "W
36.00
L4
S 17' 11 '58 "E
45.39
L5
S11 *53'14 "E
52.78
L 6
S32'33'33 "E
76.36
L7
S33043'48 "E
28.99
L8
S88' 14'48 "W
154.70
L9
N33046'23"W
86.00
L 10
S85'56'21 "W
122.99
L11
S89'43'56 "W
123.40
L 12
S83'42'08 "W
73.28
L 13
N55' 1845 "W
56.37
L 14
S55' 18'45 "E
40.23
L 15
N83'42'08 "E
87.72
L16
S83'42'08 "W
83.62
L 17
N55' 1845 "W
64.44
L 18
S83'42'08 "W
64.34
L 19
N83'42'08 "E
75.85
L20
N00' 16'02 "W
45.38
L21
N56'13'37"E
57.00
L22
N33'46'23 "W
134.52
LINE TABLE
LINE #
BEARING
DISTANCE
L23
N56'13'37"E
52.83
L24
N33'46'23 "W
116.71
L25
S56013'37"W
10.90
L26
S33'46'23 "E
86.00
L27
N56013'37"E
57.00
L28
N33'46'23 "W
35.86
L29
N56'13'37"E
47.00
L30
N33'46'23 "W
81.00
L31
N56'13'37"E
80.74
L32
NO2059'11 "W
58.33
L33
S56' 13'37"W
57.00
L34
N05'59'33 "E
11.69
L35
N33'46'23 "W
62.17
L36
S56' 13'37"W
14.38
L37
N33'46'23 "W
116.71
L38
N56'13'37"E
82.67
L39
N26'03'31 "E
20.66
L40
S41012'18"W
21.06
L41
N41'12'18"E
61.54
L42
S41012'18"W
29.06
L43
N41'12'18"E
54.46
L44
S 18'42'00 "W
32.15
CURVE TABLE
CURVE #
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
CI
7.29
164.00
2'32'43"
S56'35'06 "E
7.29
C2
245.62
290.00
48031'38"
N24'31 '53"W
238.34
C3
67.08
110.00
34'56'18"
N31 ' 19'33"W
66.04
C4
261.81
366.00
40'59'07"
N75'48'18 "W
256.26
C5
8.89
200.00
2'32'43"
556'35'06 "E
8.88
C6
253.23
354.00
40'59'07"
S75'48'18 "E
247.86
C7
250.36
350.00
40'59'07"
N75'48'18 "W
245.06
C8
215.22
180.00
68'30'22 "
S89'33'56 "E
202.63
C9
23.56
7.50
180000,00"
S0601752 "E
15.00
C/O
18.24
347.50
3000'30"
S85' 12'23 "W
18.24
C 11
22.92
7.30
180000'00"
NO3' 1722 "W
14.59
C12
5.96
342.50
0'59'50 "
N84' 12'04 "E
5.96
C13
23.56
Z50
180000'00"
54804742 "E
15.00
C14
54.79
135.50
23' 10'10 "
S52'47'23 "W
54.42
C15
7.15
2.50
163051100"
N33'42'02 "W
4.95
C16
11.58
94.50
7'01 '10"
N44'42'53 "E
11.57
C17
91.04
125.00
41043'41 "
S08' 10'58 "W
89.04
C18
41.89
125.00
19011'59"
S22' 16'52 "E
41.69
C19
4.13
125.00
1'53'31 "
S32049'37"E
4.13
C20
199.71
154.00
74018'06"
S78021 '21 "W
186.01
C21
63.09
284.00
12'43'43"
S70'51 '27"E
62.96
C22
66.88
316.00
12007'38"
S70'33'25 "£
66.76
C23
124.49
96.00
74'18'06"
N78*21'21 "E
115.95
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING N0. 1
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 2 OF 3
NORTH LINE POINT OF COMMENCEMENT
SW1 /4 SW1 /4 NE CORNER SW1 /4 SW1 /4 SEC 20
SECTION 20 FND 3.5" ALUM. CAP PLS 25971
N89'47'33"E IS 89'475_2"W
1316.76' 81.51'
TTRUE POINT OF
BEGINNING
185.56
31
30,278 s.f.
0.70 ac.
p
♦
♦
122,Ro40
w
DRAINAGE
jcY'
EASEMENT
65,166 s.f.
C20
'
o
s
C15
_
32
56,786 s.f.
6�z9
1.30 ac.
p 3� .
Ash' /�� \�
\��� �� \�`� s>, 9�
V
� \ \
s� \ ���
6� 9
C13
TRACT A \
�h�
-
6
L=6.52' 1,022 s.f.\
�'
� � � �
\\
,
32' PUBLIC ACCESS
so
33 '� & UTILITY EASEMENT
\
QQ
Q
35,012 s.f. 21,022 s.f.
0.80 ac.
♦ DRAINAGE \ 34 V \�
65SEMENT66 � 33,736 s.f.
0.77 ac.
- - -
� � 10' UTILITY & \ �
L=5.13 SNOW STORAGE
TRACT B EASEMENT \
1,402 s.f. 35
L=10.07'
1 L12 C10 C11
L=26.03' �, L18
- - o L19 C12
L=30.52' -- 15 _
L 5_5.4_2' OO\
L�i
L=0.47' 42.10' L34
- - - o L=24.50'
v I 1 v 3 10' UTILITY &
SNOW STORAGE \ \�
6782 s.f. 5806 s.f. EASEMENT TRACT D
0.16 ac. I 0.13 ac. 6,175 s.f. \ C8
30' ACCESS
& UTILITY a, •� u' ,31 �3 g8 L=29.5�C5
EASEMENT ks 20.
•� �' / V
0 1j 2 8 30' ACCESS
V, &UTILITY L=19.4'9
V I 11
N _ T
TRACT C
<p 32,420 s.f.
0
'
c�+>T 4 �•w•.
oNc,, 0 4279 s.f.
cPa, 2 0.. 0.10 ac.
N o 4902 s.f.
C>- 0.11 ac. _ LZ
0
im
L10
EASEMENT
5
I 7
6968 s.f. 6785 s.f.
0. 16 ac.
0.16 ac.
L25--,
A1, Cl)
`�, 3'31 X31
y�• ,316,
y6 6y 3 A6 9
5 Z
C19 rw
0
6 W 8
5026 s.f. 'o W.
3807 s.f.
tea, 0.12 ac. N, Nw 0.09 ac.
TRACT C
32,420 s.f.
L8
FILING
NO. 1 X`
i
THE MEADOWS AT
GRAND PARK
\l
\ I
1
vrvn n A n
SCALE: 1" = 500'
TRACT SUMMARY:
TRACT A: 1,022 s.f. or 0.023 acres
TRACT B: 1,402 s.f. or 0.032 acres
TRACT C: 32,420 s.f. or 0.744 acres
TRACT D: 6,175 s.f. or 0.142 acres
0 25 50 100
"O!!!�
1 inch = 50 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
N89`47'33"E —
1316.76'
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING N0. 1
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
I
I
I
POINT OF COMMENCEMENT I \
NE CORNER SW1 /4 SW1 /4 SEC 20 FNI
3.5" ALUM. CAP PLS 2591
NORTH LINE SW1 4 SW1 A SECTION 20
TRUEPOINT OF B
SHEET 3 OF 3
0 50 100 200
"O!!!�
1 inch = 100 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
\ ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
DEDICATION AND NOTARY CLAUSE:
KNOW ALL MEN BY THESE PRESENTS: THAT GRAND PARK DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, IS
THE OWNER AND MORTGAGEE OF THAT REAL PROPERTY SITUATED IN THE TOWN OF FRASER, COUNTY OF GRAND, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL
MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, SOUTHWEST 1/4, SOUTHWEST 1/4, OF SAID SECTION 20; THENCE N 89'47'52" E,
A DISTANCE OF 81.51 FEET TO THE WESTERLY RIGHT-OF-WAY OF OLD VICTORY ROAD;
THENCE, N 89'45'19" E, A DISTANCE OF 33.50 FEET TO THE TRUE POINT OF BEGINNING;
FROM THE TRUE POINT OF BEGINNING;
THENCE, S 69'27'38" E FOR A DISTANCE OF 177.83 FEET TO A POINT ON A LINE.
THENCE, S 53° 28'50" E FOR A DISTANCE OF 83.68 FEET TO A POINT ON A LINE.
THENCE, S 03'00'44" W FOR A DISTANCE OF 49.03 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 54'44'55", HAVING A RADIUS OF 176.00 FEET, AND WHOSE LONG
CHORD BEARS S 84'01'42" E FOR A DISTANCE OF 161.85 FEET TO A POINT OF INTERSECTION WITH A NON-TANGENTIAL LINE.
THENCE, S 33'20'46" W FOR A DISTANCE OF 46.00 FEET TO A POINT ON A LINE.
THENCE, S 56'39'14" E FOR A DISTANCE OF 14.74 FEET TO A POINT ON A LINE.
THENCE, S 23'46'11" W FOR A DISTANCE OF 104.81 FEET TO A POINT ON A LINE.
THENCE, S 05° 00'38" E FOR A DISTANCE OF 97.80 FEET TO A POINT ON A LINE.
THENCE, N 83'02'39" W FOR A DISTANCE OF 71.93 FEET TO A POINT ON A LINE.
THENCE, S 55'56'53" W FOR A DISTANCE OF 242.29 FEET TO A POINT ON A LINE.
THENCE, N 33° 45'51 " W FOR A DISTANCE OF 138.75 FEET TO A POINT ON A LINE.
THENCE, N 32° 33'33" W FOR A DISTANCE OF 76.36 FEET TO A POINT ON A LINE.
THENCE, N 11' 53'14" W FOR A DISTANCE OF 52.78 FEET TO A POINT ON A LINE.
THENCE, N 17° 11' 58" W FOR A DISTANCE OF 45.39 FEET TO A POINT ON A LINE.
THENCE, N 32'08'32" E FOR A DISTANCE OF 36.00 FEET TO THE BEGINNING OF A NON-TANGENTIAL CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 02'32'43", HAVING A RADIUS OF 164.00 FEET, AND WHOSE LONG
CHORD BEARS N 56° 35'06" W FOR A DISTANCE OF 7.29 FEET.
THENCE, N 55° 18'45" W FOR A DISTANCE OF 23.32 FEET TO A POINT ON A LINE.
THENCE N 18'42'00" E A DISTANCE OF 234.74 FEET TO THE TRUE POINT OF BEGINNING;
THE DESCRIBED BOUNDARY CONTAINS 154,138 SQUARE FEET OR 3.539 ACRES, MORE OR LESS
THAT THEY HAVE CAUSED SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS THE MEADOWS AT GRAND PARK, AND
DO HEREBY DEDICATE AND SET APART ALL THE STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PLACES SHOWN ON THE
ACCOMPANYING PLAT FOR THE USE OF THE PUBLIC FOREVER, AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL
PROPERTY WHICH ARE INDICATED AS EASEMENTS ON THE ACCOMPANYING PLAT AS EASEMENTS.
IN WITNESS WHEREOF, GRAND PARK DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, HAVE CAUSED ITS
NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF 2015.
BY:
C. CLARK LIPSCOMB, PRESIDENT
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING NO. 2
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 1 OF 3
Fraser -W rek
Park Amtrak01�
7 P
a
Ban
Eisenhower or 9. 'n 4 _-
o `~ sherky's
a �-
m 3� l'
a
6yers Ave Byers Av-
a o
a
Mill Ave c
a
ro
F`a"' Valley Pkwy Fraser Valley t kwy
COLORADO-,
ADVENTURE PARK
VICINITY MAP
N.T.S.
MORTGAGEE'S CONSENT:
,IV Creek
Freser rubirrg F
THE UNDERSIGNED, BEING THE AUTHORIZED REPRESENTATIVE OF U.S. BANK, N.A., THE HOLDER OF A BENEFICIAL
INTEREST IN AND TO THE PROPERTY DESCRIBED ON THIS PLAT, UNDER DEED OF TRUST RECORD JUNE 28, 2012 AT
RECEPTION NO. 2012-005143 AND RECEPTION NO. 2012-005144 OF THE GRAND COUNTY, COLORADO REAL
PROPERTY RECORDS, HEREBY CONSENTS TO THIS PLAT AND AGREES THAT THE LIEN OF THE DEED OF TRUST IS
HEREBY SUBORDINATED TO THIS PLAT.
BY:
NAME:
TITLE:
STATE OF )
) SS
COUNTY OF )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
BY AS
STATE OF ) )SS WITNESS MY HAND AND OFFICIAL SEAL.
COUNTY OF )
MY COMMISSION EXPIRES:
THE INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY
BY: C. CLARK LIPSCOMB AS PRESIDENT OF GRAND PARK DEVELOPMENT LLC
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
, 2015
NOTARY PUBLIC
SURVEYING CERTIFICATION:
DAY OF 12015
OF U.S. BANK, N.A.
I, ROBERT J. RUBINO, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE MEADOWS AT GRAND PARK - FILING NO. 2
TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY
DIRECTION AND THAT SAID PLAT COMPLIES WITH THE REQUIREMENTS OF TITLE 38, ARTICLE 51,
COLORADO REVISED STATUTES, 1973, AND THAT THE MONUMENTS REQUIRED BY SAID STATUTE
AND BY THE TOWN OF FRASER SUBDIVISION REGULATIONS HAVE BEEN PLACED IN THE GROUND.
DATED THIS DAY OF
ROBERT J. RUBINO, PLS 14142
OWNER/DEVELOPER:
,20
LAND PLANNER:
GRAND PARK DEVELOPMENT LLC TERRACINA DESIGN
A COLORADO LIMITED LIABILITY COMPANY LANDSCAPE ARCHITECTURE & PLANNING
PO BOX 30 10200 E. GIRARD AVENUE
WINTER PARK, CO 80482 BLDG. A SUITE 314
DENVER, CO 80231
SURVEYOR:
BOB RUBINO
3312 AIRPORT RD
BOULDER, CO 80301
303-419-7881
DATE PREPARED:
JUNE 25, 2015
AUGUST 03, 2015
AUGUST 14, 2015
NOTES:
1. BASIS OF BEARINGS: FOR THE PURPOSE OF THIS DESCRIPTION THE BEARINGS ARE BASED ON THE WEST LINE OF
SOUTHWEST 1/4 OF SECTION 20 AS MONUMENTED BY A 3-1/2" BRASS CAP STAMPED DENVER WATER AT THE
SOUTHWEST CORNER AND BY A 2.5" ALUMINUM CAP STAMPED PLS 11415 AT THE WEST 1/4 CORNER OF SECTION
20 ASSUMED BEARING S 00°06'09" E.
2. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND
BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE
STATUTE 18-4-508 OF THE COLORADO REVISED STATUTES.
3. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
4. THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY RUBINO SURVEYING OR PHELPS ENGINEERING TO
DETERMINE OWNERSHIP, RIGHT OF WAY OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING
EASEMENTS, RIGHTS OF WAY AND TITLE OF RECORD, RUBINO SURVEYING AND PHELPS ENGINEERING RELIED
UPON THE TITLE COMPANY OF THE ROCKIES, INC., TITLE COMMITMENT NUMBER 1116094-C DATED MAY 14, 2015.
5. ONSITE EASEMENTS ARE HEREBY DEDICATED BY THIS PLAT IN THE LOCATIONS SHOWN HEREON.
6. TRACTS E AND F ARE FOR OPEN SPACE, UTILITY, SNOW STORAGE AND DRAINAGE PURPOSES.
TRACTS E AND F SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
7. FIRE PROTECTION SERVICES FOR THE MEADOWS AT GRAND PARK SHALL BE PROVIDED BY THE EAST GRAND FIRE
PROTECTION DISTRICT NO. 4.
8. THE PROPERTY IS SUBJECT TO THE AMENDED AND RESTATED ANNEXATION AGREEMENT RECORDED
DECEMBER 30, 2003 AT RECEPTION NO. 2003-016733, AS AMENDED; GRAND PARK PLANNED DEVELOPMENT
DISTRICT PLAN RECORDED NOVEMBER 8, 2005 AT RECEPTION NO. 2005-012709; THE FINAL PLAN FOR THE
MEADOWS AT GRAND PARK RECORDED , 2015 AT RECEPTION NO. ; THE
COMMUNITY CHARTER FOR GRAND PARK RESIDENTIAL PROPERTY RECORDED DECEMBER 7, 2005 AT
RECEPTION NO. 2005-13834, AS AMENDED AND SUPPLEMENTED; AND THE COVENANT FOR COMMUNITY
ENHANCEMENT FEE RECORDED DECEMBER 7, 2007 AT RECEPTION NO. 2005-013836, AS AMENDED AND
SUPPLEMENTED.
9. FOR LINE AND CURVE TABLES SEE PLAT SHEET 2.
10. PERPETUAL NON-EXCLUSIVE 10 -FOOT UTILITY EASEMENTS ARE HEREBY GRANTED AND SHALL APPLY UPON,
ACROSS, ABOVE, OVER, UNDER AND THROUGH THE UTILITY EASEMENTS SHOWN ON THIS PLAT FOR THE PURPOSE
OF INGRESS TO AND EGRESS FROM, AND THE INSTALLATION, REPAIR, REPLACEMENT, OPERATION AND
MAINTENANCE OF ALL UTILITY LINES AND EQUIPMENT. ANY CONSTRUCTION AND PLACEMENT OF LINES,
EQUIPMENT, OR BUILDING STRUCTURES OR CHANGES IN GRADE SHALL COMPLY WITH THE STANDARDS OF ALL
UTILITY PROVIDERS UTILIZING THE EASEMENT.
11. THE TOWN OF FRASER HEREBY AGREES ABOVE GROUND UTILITY EQUIPMENT SHALL BE ALLOWED IN THE
FRASER TOWN RIGHT-OF-WAY AS DEPICTED HEREIN WHEN PLACED A MINIMUM OF 2' BEHIND THE SIDEWALK OR 3'
BEHIND THE 6" CURB WHERE THERE ARE NO SIDEWALKS.
12. SINGLE FAMILY DETACHED SETBACKS:
FRONT SETBACK: 10 FEET (20 FEET TO FRONT LOADED GARAGE)
SIDE SETBACK: 5 FEET
REAR SETBACK: 10 FEET
13. HAYMEADOW LANE SHALL BE PUBLIC AND OWNED BY THE TOWN OF FRASER.
CERTIFICATE FOR APPROVAL BY THE TOWN BOARD:
APPROVED AND ALL PUBLIC DEDICATIONS ACCEPTED THIS DAY OF 20 BY THE FRASER TOWN
BOARD. THE TOWN OF FRASER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CORRECTNESS OR ACCURACY
OF ANY INFORMATION DISCLOSED ON THIS PLAT NOR ANY REPRESENTATIONS OR INFORMATION PRESENTED TO
THE TOWN OF FRASER WHICH INDUCED THE TOWN TO GIVE THIS CERTIFICATE.
BY:
PEGGY SMITH,
MAYOR, TOWN OF FRASER
RECORDER'S CERTIFICATE:
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK
AND RECORDER OF GRAND COUNTY AT _M., ON THE
DAY OF A.D., 20 IN
BOOK PAGE ,MAP
RECEPTION NO
COUNTY CLERK AND RECORDER:
BY:
DEPUTY
APPLICANT:
GRAND PARK DEVELOPMENT LLC
A COLORADO LIMITED LIABILITY COMPANY
PO BOX 30
WINTER PARK, CO 80482
M
PHELPS
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
POINT OF COMMENCEMENT
NORTH LINE NE CORNER SW1 /4 SW1 /4 SEC 20
SW1 /4 SW1 /4 FND 3.5" ALUM. CAP PLS 25971
SECTION 20
N89°47'33"E
1316.76'
LINE TABLE
LINE #
BEARING
DISTANCE
Ll
S69'27'38 "E
177.83
L2
S53*28'50 "E
83.68
L3
S03'00'44 "W
49.03
L4
S33'20'46 "W
46.00
L5
S56'39'14 "E
14.74
L6
S23*46'11 "W
104.81
L7
S05000'38 "E
97.80
L8
N83002'39 "W
71.93
L9
N32'33'33 "W
76.36
L f0
N11'53'14 "W
52.78
L11
N1701 1'58"W
45.39
L 12
N32'08'32 If
36.00
L 13
N55' 18'45 "W
23.32
L 14
S56' 10'53 "W
89.69
L 15
S56'10'53"W
89.69
L 16
N56' 10'53 "E
89.69
L 17
N08* 13'25 "E
7.19
L 18
N57'2627 "E
50.21
L 19
N32'33'33 "W
76.36
L20
S57'2627 "W
19.00
L21
N32'33'33 "W
91.64
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING NO. 2
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 2 OF 3
L47
S11 "10 53""W
Ly. iu
L42
S33'49'07"E
44.30
00'
x�
FILING
NO. 2
i
THE MEADOWS AT
GRAND PARK
\ J
I
VP:VKAOP
SCALE: 1" = 500'
TRACT SUMMARY:
TRACT E: 25,946 s.f. or 0.600 acres
TRACT F: 1,675 s.f. or 0.038 acres
0 25 50 100
"O!!!�
1 inch = 50 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
N89`47'33"E —
1316.76'
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING NO. 2
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 3 OF 3
I
I
I
POINT OF COMMENCEMENT I \ \
NE CORNER SW1 /4 SW1 /4 SEC 20 FNI
3.5" ALUM. CAP PLS 2591
NORTH LINE SW1 4 SW1 A SECTION 20
TRUEPOINT OF B
0 50 100 200
"O!!!�
1 inch = 100 ft. Horizontal
* NOT TO SCALE IF SHEET SIZE
OTHER THAN 24"x36"
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
DEDICATION AND NOTARY CLAUSE:
KNOW ALL MEN BY THESE PRESENTS: THAT GRAND PARK DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, IS
THE OWNER AND MORTGAGEE OF THAT REAL PROPERTY SITUATED IN THE TOWN OF FRASER, COUNTY OF GRAND, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH PRINCIPAL
MERIDIAN, TOWN OF FRASER, COUNTY OF GRAND, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER, SOUTHWEST 1/4, SOUTHWEST 1/4, OF SAID SECTION 20; THENCE S 70° 43'41 E,
A DISTANCE OF 1319.09 FEET TO THE TRUE POINT OF BEGINNING;
FROM THE TRUE POINT OF BEGINNING;
THENCE, S 56° 39'14" E FOR A DISTANCE OF 50.88 FEET TO THE BEGINNING OF A CURVE,
SAID CURVE TURNING TO THE RIGHT THROUGH AN ANGLE OF 40° 12'05", HAVING A RADIUS OF 126.00 FEET, AND WHOSE
LONG CHORD BEARS S 36° 33'12" E FOR A DISTANCE OF 86.61 FEET.
THENCE, S 16'27'09" E FOR A DISTANCE OF 32.31 FEET TO THE BEGINNING OF A CURVE,
SAID CURVE TURNING TO THE LEFT THROUGH AN ANGLE OF 114'42'50", HAVING A RADIUS OF 20.00 FEET, AND WHOSE LONG
CHORD BEARS S 73'48'34" E FOR A DISTANCE OF 33.68 FEET.
THENCE, N 48° 50'01" E FOR A DISTANCE OF 34.00 FEET TO A POINT ON A LINE.
THENCE, S 41° 03'44" E FOR A DISTANCE OF 73.44 FEET TO A POINT ON A LINE.
THENCE, N 48° 56'16" E FOR A DISTANCE OF 29.09 FEET TO A POINT ON A LINE.
THENCE, S 41° 03'44" E FOR A DISTANCE OF 72.52 FEET TO A POINT ON A LINE.
THENCE, S 34° 39'02" E FOR A DISTANCE OF 102.68 FEET TO A POINT ON A LINE.
THENCE, S 48° 56'16" W FOR A DISTANCE OF 223.10 FEET TO A POINT ON A LINE.
THENCE, N 41' 16'15" W FOR A DISTANCE OF 197.62 FEET TO A POINT ON A LINE.
THENCE, N 47'53'24" W FOR A DISTANCE OF 66.65 FEET TO A POINT ON A LINE.
THENCE, N 83'02'39" W FOR A DISTANCE OF 36.31 FEET TO A POINT ON A LINE.
THENCE, N 05'00'38" W FOR A DISTANCE OF 97.80 FEET TO A POINT ON A LINE.
THENCE, N 23° 46' 11" E FOR A DISTANCE OF 104.81 FEET TO A POINT ON A LINE.
THENCE, N 56'39'14" W FOR A DISTANCE OF 14.74 FEET TO A POINT ON A LINE.
THENCE N 33'20'46" E A DISTANCE OF 46.00 FEET TO THE TRUE POINT OF BEGINNING;
THE DESCRIBED BOUNDARY CONTAINS 82,506 SQUARE FEET OR 1.894 ACRES, MORE OR LESS.
THAT THEY HAVE CAUSED SAID REAL PROPERTY TO BE LAID OUT AND SURVEYED AS THE MEADOWS AT GRAND PARK, AND
DO HEREBY DEDICATE AND SET APART ALL THE STREETS, ALLEYS AND OTHER PUBLIC WAYS AND PLACES SHOWN ON THE
ACCOMPANYING PLAT FOR THE USE OF THE PUBLIC FOREVER, AND DO HEREBY DEDICATE THOSE PORTIONS OF SAID REAL
PROPERTY WHICH ARE INDICATED AS EASEMENTS ON THE ACCOMPANYING PLAT AS EASEMENTS.
IN WITNESS WHEREOF, GRAND PARK DEVELOPMENT LLC, A COLORADO LIMITED LIABILITY COMPANY, HAVE CAUSED ITS
NAME TO BE HEREUNTO SUBSCRIBED THIS DAY OF 2015.
BY:
C. CLARK LIPSCOMB, PRESIDENT
STATE OF )
) SS
COUNTY OF )
THE INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY
BY: C. CLARK LIPSCOMB AS PRESIDENT OF GRAND PARK DEVELOPMENT LLC
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
, 2015
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING NO. 3
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 1 OF 3
s Porcupine R,ge
Fraser-Wi tiler
Park Amtrakp
r h.
Eisenhower 01
or_ -
o r 511 Eatery
a
Il Ave Byers Ave:
Safeway t Q 4 °r'{ •.. Club MeadowRidge
®
Mill Ave w Q \ SP
a�
fn„
_✓�, sem;
,IV Creek U' 0. e
i,� SPA
Elevation Pi-, r� ("� r"w
q�
�i
`mer
PF�XV Ta
F`a"' Valley Pkwy Fraser Valley Pkwy
COEORADC rF Fl
ADVENTURE PARK' Z -,T HO
Fraser Fubirrg Rill,�� THE MEADOWS AT 01
'-
GRAND PARK ITE
�aO+a
4 dor —
i2 rJ2�/1
S<1,
� O
1
I.�
0 re
VICINITY MAP��`"
N.T.S.
MORTGAGEE'S CONSENT:
THE UNDERSIGNED, BEING THE AUTHORIZED REPRESENTATIVE OF U.S. BANK, N.A., THE HOLDER OF A BENEFICIAL
INTEREST IN AND TO THE PROPERTY DESCRIBED ON THIS PLAT, UNDER DEED OF TRUST RECORD JUNE 28, 2012 AT
RECEPTION NO. 2012-005143 AND RECEPTION NO. 2012-005144 OF THE GRAND COUNTY, COLORADO REAL
PROPERTY RECORDS, HEREBY CONSENTS TO THIS PLAT AND AGREES THAT THE LIEN OF THE DEED OF TRUST IS
HEREBY SUBORDINATED TO THIS PLAT.
BY:
NAME:
TITLE:
STATE OF )
) SS
COUNTY OF )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
BY AS
WITNESS MY HAND AND OFFICIAL SEAL.
MY COMMISSION EXPIRES:
NOTARY PUBLIC
SURVEYING CERTIFICATION:
DAY OF 12015
OF U.S. BANK, N.A.
I, ROBERT J. RUBINO, A DULY REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY CERTIFY THAT THIS PLAT OF THE MEADOWS AT GRAND PARK - FILING NO.3
TRULY AND CORRECTLY REPRESENTS THE RESULTS OF A SURVEY MADE BY ME OR UNDER MY
DIRECTION AND THAT SAID PLAT COMPLIES WITH THE REQUIREMENTS OF TITLE 38, ARTICLE 51,
COLORADO REVISED STATUTES, 1973, AND THAT THE MONUMENTS REQUIRED BY SAID STATUTE AND
BY THE TOWN OF FRASER SUBDIVISION REGULATIONS HAVE BEEN PLACED IN THE GROUND.
DATED THIS DAY OF
ROBERT J. RUBINO, PLS 14142
OWNER/DEVELOPER:
,20
LAND PLANNER:
GRAND PARK DEVELOPMENT LLC TERRACINA DESIGN
A COLORADO LIMITED LIABILITY COMPANY LANDSCAPE ARCHITECTURE & PLANNING
PO BOX 30 10200 E. GIRARD AVENUE
WINTER PARK, CO 80482 BLDG. A SUITE 314
DENVER, CO 80231
SURVEYOR:
BOB RUBINO
3312 AIRPORT RD
BOULDER, CO 80301
303-419-7881
DATE PREPARED:
JUNE 25, 2015
AUGUST 03, 2015
AUGUST 14, 2015
NOTES:
1. BASIS OF BEARINGS: FOR THE PURPOSE OF THIS DESCRIPTION THE BEARINGS ARE BASED ON THE WEST LINE OF
SOUTHWEST 1/4 OF SECTION 20 AS MONUMENTED BY A 3-1/2" BRASS CAP STAMPED DENVER WATER AT THE
SOUTHWEST CORNER AND BY A 2.5" ALUMINUM CAP STAMPED PLS 11415 AT THE WEST 1/4 CORNER OF SECTION
20 ASSUMED BEARING S 00°06'09" E.
2. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND SURVEY MONUMENT OR LAND
BOUNDARY MONUMENT OR ACCESSORY COMMITS A CLASS TWO (2) MISDEMEANOR PURSUANT TO STATE
STATUTE 18-4-508 OF THE COLORADO REVISED STATUTES.
3. NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN
THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DATE OF THE
CERTIFICATION SHOWN HEREON.
4. THIS PLAT DOES NOT CONSTITUTE A TITLE SEARCH BY RUBINO SURVEYING OR PHELPS ENGINEERING TO
DETERMINE OWNERSHIP, RIGHT OF WAY OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING
EASEMENTS, RIGHTS OF WAY AND TITLE OF RECORD, RUBINO SURVEYING AND PHELPS ENGINEERING RELIED
UPON THE TITLE COMPANY OF THE ROCKIES, INC., TITLE COMMITMENT NUMBER 1116094-C DATED MAY 14, 2015.
5. ONSITE EASEMENTS ARE HEREBY DEDICATED BY THIS PLAT IN THE LOCATIONS SHOWN HEREON.
6. TRACTS G AND H ARE FOR OPEN SPACE, UTILITY, SNOW STORAGE AND DRAINAGE PURPOSES.
TRACTS G AND H SHALL BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
7. FIRE PROTECTION SERVICES FOR THE MEADOWS AT GRAND PARK SHALL BE PROVIDED BY THE EAST GRAND FIRE
PROTECTION DISTRICT NO. 4.
8. THE PROPERTY IS SUBJECT TO THE AMENDED AND RESTATED ANNEXATION AGREEMENT RECORDED
DECEMBER 30, 2003 AT RECEPTION NO. 2003-016733, AS AMENDED; GRAND PARK PLANNED DEVELOPMENT
DISTRICT PLAN RECORDED NOVEMBER 8, 2005 AT RECEPTION NO. 2005-012709; THE FINAL PLAN FOR THE
MEADOWS AT GRAND PARK RECORDED , 2015 AT RECEPTION NO. ; THE
COMMUNITY CHARTER FOR GRAND PARK RESIDENTIAL PROPERTY RECORDED DECEMBER 7, 2005 AT
RECEPTION NO. 2005-13834, AS AMENDED AND SUPPLEMENTED; AND THE COVENANT FOR COMMUNITY
ENHANCEMENT FEE RECORDED DECEMBER 7, 2007 AT RECEPTION NO. 2005-013836, AS AMENDED AND
SUPPLEMENTED.
9. FOR LINE AND CURVE TABLES SEE PLAT SHEET 2.
10. PERPETUAL NON-EXCLUSIVE 10 -FOOT UTILITY EASEMENTS ARE HEREBY GRANTED AND SHALL APPLY UPON,
ACROSS, ABOVE, OVER, UNDER AND THROUGH THE UTILITY EASEMENTS SHOWN ON THIS PLAT FOR THE PURPOSE
OF INGRESS TO AND EGRESS FROM, AND THE INSTALLATION, REPAIR, REPLACEMENT, OPERATION AND
MAINTENANCE OF ALL UTILITY LINES AND EQUIPMENT. ANY CONSTRUCTION AND PLACEMENT OF LINES,
EQUIPMENT, OR BUILDING STRUCTURES OR CHANGES IN GRADE SHALL COMPLY WITH THE STANDARDS OF ALL
UTILITY PROVIDERS UTILIZING THE EASEMENT.
11. THE TOWN OF FRASER HEREBY AGREES ABOVE GROUND UTILITY EQUIPMENT SHALL BE ALLOWED IN THE
FRASER TOWN RIGHT-OF-WAY AS DEPICTED HEREIN WHEN PLACED A MINIMUM OF 2' BEHIND THE SIDEWALK OR 3'
BEHIND THE 6" CURB WHERE THERE ARE NO SIDEWALKS.
12. SINGLE FAMILY DETACHED SETBACKS:
FRONT SETBACK: 10 FEET (20 FEET TO FRONT LOADED GARAGE)
SIDE SETBACK: 5 FEET
REAR SETBACK: 10 FEET
13. HAYMEADOW LANE SHALL BE PUBLIC AND OWNED BY THE TOWN OF FRASER.
CERTIFICATE FOR APPROVAL BY THE TOWN BOARD:
APPROVED AND ALL PUBLIC DEDICATIONS ACCEPTED THIS DAY OF 20 BY THE FRASER TOWN
BOARD. THE TOWN OF FRASER DOES NOT ASSUME ANY RESPONSIBILITY FOR THE CORRECTNESS OR ACCURACY
OF ANY INFORMATION DISCLOSED ON THIS PLAT NOR ANY REPRESENTATIONS OR INFORMATION PRESENTED TO
THE TOWN OF FRASER WHICH INDUCED THE TOWN TO GIVE THIS CERTIFICATE.
BY:
PEGGY SMITH,
MAYOR, TOWN OF FRASER
RECORDER'S CERTIFICATE:
THIS PLAT WAS FILED FOR RECORD IN THE OFFICE OF THE COUNTY CLERK
AND RECORDER OF GRAND COUNTY AT _M., ON THE
DAY OF A.D., 20 IN
BOOK PAGE ,MAP
RECEPTION NO
COUNTY CLERK AND RECORDER:
BY:
DEPUTY
APPLICANT:
GRAND PARK DEVELOPMENT LLC
A COLORADO LIMITED LIABILITY COMPANY
PO BOX 30
WINTER PARK, CO 80482
M
PHELPS
0 ENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
LINE TABLE
LINE #
BEARING
DISTANCE
Ll
S56'39'14 "£
50.88
L2
S16'27'09 "E
32.31
L3
N48'50'01 "E
34.00
L4
S41'03'44 "E
73.44
L5
N48*56'16 "E
29.09
L6
S41 003'44 "E
72.52
L7
S34'39'02 "E
102.68
L8
N47053'24 "W
66.65
L9
N83002'39 "W
36.31
L 10
N05000'38 "W
97.80
L11
N23'46'11 "E
104.81
L 12
N56'39'14 "W
14.74
L13
N33'20'46 "E
46.00
L 14
N56'39'14 "W
50.88
L 15
N56'39'14 "W
50.88
L 16
556'39'14 "E
50.88
L 17
N16'27'09 "W
44.80
L 18
N 16'27'09 "W
44.40
L 19
S16'27'09 "E
44.40
L20
S48'50101 "W
32.00
L21
S48'50'01 "W
36 49
L22
N41 '0959 "W
40.00
L23
N48'50'01 "E
150.00
LINE TABLE
LINE #
BEARING
DISTANCE
L24
S41 '09'59 "£
40.00
L25
N41 '09'59 "W
16.44
L26
S48'50'01 "W
132.29
L27
N34'4826 "E
95.95
L28
N55' 11'34"W
46.46
L29
S34'4826 "W
31.36
L30
N55'11'34"W
51.23
L31
N82000'51 "W
25.65
L32
S4805010 "W
41.28
L33
S41'16'14"E
96.49
L34
N48'43'46 "E
19.00
L35
S41'16'14"E
96.21
L36
S48'56'16 "W
80.00
L37
S41'16'14"E
86.92
L38
N48 *56'16 "E
31.90
L39
S41'03'44"E
87.04
L40
S48056'16"W
82.53
L41
N41'03'44 "W
96.98
L42
S48'43'46 "W
16.47
L43
A(48 *56'16 "E
10.00
L44
S41003'44"E
23.42
L45
S41'16'14"E
9.58
L46
S41'03'44 "E
9.54
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING NO. 3
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 2 OF 3
POINT OF COMMENCEMENT
NE CORNER SW1/4 SW1/4 SEC 20
FND 3.5" ALUM. CAP PLS 25971
,10.00'
16.00'
20.00'
CURVE TABLE
CURVE #
ARC LENGTH
RADIUS
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
88.41
126.00
40012105"
S36'33'12 T
86.61
C2
40.04
20.00
114'42'50 " ]
S73'48'34 "£
33.68
C3
81.39
116.00
40012105"
N36'33'12 "W
79.73
C4
70.16
100.00
40012'05"
N36'33'12 "W
68.73
C5
56.13
80.00
40012'05"
S36'33'12 T
54.99
C6
44.05
22.00
114'42'50 "
N73'48'34 "W
37.05
C7
43.13
100.00
24'42'50"
N28'48'34 "W
42.80
C8
31.47
120.00
15'01 '26"
S23'5752 "E
31.38
C9
28.03
20.00
80' 18'37"
S08'40'43 "W
25.79
TRUE POINT OF
BEGINNING
or ti
I ��A
10' UTILITY &
SNOW STORAGE
EASEMENT
-TRACT H
3,388 s.f.
L40
7
4AT
THE MEAD
GRAND PARK
\ J
I
1
KEYMAP
SCALE: 1" = 500'
TRACT SUMMARY:
TRACT G: 17,283 s.f. or 0.397 acres
TRACT H: 3,388 s.f. or 0.078 acres
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* NOT TO SCALE IF SHEET SIZE
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MENGINEERING
7200 E. Hampden Ave, Suite 300
Denver, CO 80224 (303) 298-1644
N89`47'33"E —
1316.76'
FINAL PLAT
THE MEADOWS AT GRAND PARK - FILING NO. 3
LOCATED IN THE S 1/2 OF SECTION 20, TOWNSHIP 1 SOUTH,
RANGE 75 WEST OF THE 6TH P.M., TOWN OF FRASER,
COUNTY OF GRAND, STATE OF COLORADO
SHEET 3 OF 3
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POINT OF COMMENCEMENT I \ \
NE CORNER SW1 /4 SW1 /4 SEC 20 FNI
3.5" ALUM. CAP PLS 2591
NORTH LINE SW1 4 SW1 A SECTION 20
TRUEPOINT OF B
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Denver, CO 80224 (303) 298-1644
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10200 E. Girard"I Ste A-314
Denver, CO 80231 I I
ph: 303.632.8867
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June 4, 2015
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MEMO TO: Mayor Smith and the Board of Trustees
FROM: Catherine E. Troffer, AICP, Town Planner
DATE: September 11, 2015
SUBJECT: Grand Park First Street Name Change Request
MATTER BEFORE BOARD:
Grand Park is requesting that the Town of Fraser rename First Street to Grand Park Drive.
ACTION REQUESTED:
Motion to approve an ordinance to rename First Street to Grand Park Drive.
EXECUTIVE SUMMARY:
Grand Park has submitted a letter dated August 21, 2015 requesting the Town's consideration to
rename First Street to Grand Park Drive. The proposed name change conforms to the conceptual
Roadway Master Plan in the Grand Park Planned Development District. Staff is recommending
approval of changing the street name from First Street to Grand Park Drive acknowledging that
this street name change does not relieve Developer of the responsibility for providing a road
connection to U.S. 40 across from the existing Rendezvous Road.
BACKGROUND:
The Grand Park Planned Development District, Reception # 2005-012709, is included in the
Town Board packet. See the Roadway Master Plan on sheet 11 of 11 for the conceptual
roadway layout. Currently, no properties are addressed of First Street.
ALTERNATIVES:
• Approve the ordinance to rename First Street to Grand Park Drive.
• Deny the request and First Street will remain as such.
RECOMMENDATION:
Staff is recommending the proposed street name change and has prepared such an ordinance.
Town of Fraser
PO Box 370, Fraser, CO 80442 office 970-726-5491 fax 970-726-5518
www.frasercolorado.com
August 21, 2015
Catherine Trotter
Town of Fraser
PO Box 370
Fraser, Colorado 80442
RE: First Street Name Change
Dear Ms. Trotter:
On behalf of Grand Park Development LLC, we request the Town's consideration to rename First
Street to 'Grand Park Drive'. Based on our conversations, Town Code does not have a formal
process for this action, thus we are submitting this formal request and asking for your assistance
in determining how to proceed.
To date approximately 325 feet of First Street is constructed and serves the gas station, market
and recreation center. There are no businesses currently addressed off of this street. It is our
desire to make this important change prior to the installation of the signal at Hwy 40 in order to
minimize the cost of replacing street signage.
As the overall plans for the Grand Park Development have evolved it's been determined that
First Street should be continued westerly into and through the community to loop north and
connect with County Road 72. The roadway will effectively become one of the principal
landmarks for Grand Park and as such the identification of First Street becomes less appropriate
whereas a change to 'Grand Park Drive' will be a better identifier for the region as well as the
community.
We appreciate your consideration and look forward to working with you to facilitate this
change. Please feel free to contact our office at your convenience. We are available to
address any questions and to provide the necessary documentation.
Sincerely,
Terrocina Design
010 Pzvt
Layla Rosales
Principal
terra _cina _desi an
Landscape Architecture &Planning
102W E. Girord Avenue, AJI4. Denver, CO 80231 ph: 303.632.8867
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Grand Park
First Street Rename
s.ow„e. v. mis
TOWN OF FRASER
ORDINANCE NO. 429
Series 2015
AN ORDINANCE CHANGING THE NAME OF FIRST STREET TO GRAND PARK DRIVE.
WHEREAS, Grand Park Development LLC has requested that First Street be renamed to
Grand Park Drive; and
WHEREAS, no adjacent properties are addressed off First Street; and
WHEREAS, the proposed name change appears to conform to the conceptual Roadway
Master Plan in the Grand Park Planned Development District, Reception # 2005- 012709; and
WHEREAS, changing the street name from First Streetto Grand Park Drive does not relieve
Developer of the responsibility for providing a road connection to U.S. 40 across from the existing
Rendezvous Road as provided by the Master Roadway Plan in the Grand Park PDD.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO, THAT:
PART 1: FIRST STREET NAME CHANGE. First Street is hereby renamed Grand Park Drive.
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 any one 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.
PART 5: PUBLICATION. This Ordinance shall be published by title only
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES
AND SIGNED THIS 16th DAY OF SEPTEMBER 2015.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: _ TOWN OF FRASER, COLORADO
Votes abstained:
BY:
Peggy Smith, Mayor
(SEAL)
ATTEST:
Lu Berger, Town Clerk
Published in the Middle Park Times on September 24, 2015.
$2,000,000
$1,800,000
$1,600,000
$1,400,000
$1,200,000
$1,000,000
$800,000
$600,000
$400,000
$200,000
$0
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Town of Fraser - Annual Sales Tax Revenue
Represents a 1.01%
average annual increase
over 14 years
—Annual Sales Tax Revenue I
Town of Fraser
Annual Sales Tax Revenue Collections
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
2012
2013
2014
January
$111,592
$120,301
$124,545
$129,096
$123,625
$138,048
$149,660
$186,263
$154,114
$134,819
$139,733
$135,024
$154,698
$166,660
February
$126,282
$112,209
$120,118
$133,858
$122,554
$137,586
$140,744
$162,236
$150,523
$149,114
$132,193
$144,032
$148,979
$146,266
March
$121,097
$138,063
$144,924
$150,254
$136,681
$158,253
$170,091
$188,669
$165,135
$158,524
$159,740
$150,273
$171,102
$177,000
April
$98,763
$104,091
$108,923
$121,866
$94,002
$121,760
$115,549
$120,135
$115,587
$98,990
$110,982
$118,196
$109,023
$114,311
May
$77,648
$110,000
$83,824
$92,667
$78,409
$95,312
$92,715
$98,722
$88,365
$83,459
$77,649
$84,564
$87,347
$81,854
June
$119,012
$116,637
$102,296
$127,702
$107,543
$128,173
$123,541
$136,269
$115,639
$110,052
$114,268
$131,359
$119,942
$121,906
July
$120,515
$137,879
$155,704
$159,215
$135,914
$145,980
$156,770
$154,461
$142,486
$140,260
$142,320
$209,054
$220,039
$228,451
August
$138,213
$191,029
$247,357
$135,540
$122,584
$152,473
$128,910
$219,285
$139,446
$123,224
$191,380
$128,839
$121,671
$134,432
September
$167,431
$107,983
$120,905
$123,627
$107,290
$128,103
$197,081
$120,035
$127,186
$104,069
$108,044
$115,404
$119,707
$120,712
October
$83,130
$90,620
$101,309
$87,009
$131,256
$102,794
$124,908
$101,520
$114,357
$91,135
$90,443
$88,338
$96,456
$96,058
November
$93,721
$105,791
$113,442
$121,972
$102,262
$106,094
$138,194
$109,072
$133,181
$149,247
$106,888
$106,965
$117,709
$110,314
December
$144,701
$148,431
$193,246
$168,019
$181,550
$239,373
$195,769
$211,311
$199,016
$183,171
$171,182
$178,196
$188,083
$240,384
Actual
$1,402,105
$1,483,034
$1,616,593
$1,550,825
$1,443,669
$1,653,950
$1,733,932
$1,807,979
$1,645,035
$1,526,065
$1,544,822
$1,590,245
$1,654,756
$1,738,348
Budgeted
$1,258,031
$1,299,000
$1,328,055
$1,415,000
$1,400,000
$1,400,000
$1,500,000
$1,600,000
$1,600,000
$1,600,000
$1,550,000
$1,550,000
$1,600,000
$1,650,000
Difference
$144,074
$184,034
$288,538
$135,825
$43,669
$253,950
$233,932
$207,979
$45,035
($73,935)
($5,178)
$40,245
$54,756
$88,348
% Diff.
11.45
14.17
21.73
9.6
3.12
18.14
15.6
13
2.81
-4.62
-0.33
2.6
3.42
5.34%