Frisco Backyard Public Comment Letter

During the March 25, 2025 worksession, the U.S. Forest Service (USFS) provided an update on the Frisco Backyard Fuels and Recreation project, which examines and proposes approximately 1,576.3 acres of fuels reduction activities along with trail decommission, improvement, and construction activities near the Town of Frisco. Town Council continued to express support for the project and a formal comment letter was drafted by staff, to the Dillon Ranger District of the White River National Forest. The letter outlines Town Council’s support for the draft Environmental Assessment (EA) and supporting documentation. Council fully supported the draft and had no changes.

Town Council Trainings

With two new members on Frisco Town Council, Robyn Goldstein and Zach Ryan, two training sessions were presented to Council during the April 22 worksession. CIRSA Executive Director, Tami Tanoue provided training on Colorado Intergovernmental Risk Sharing Agency (CIRSA), which included discussion of open records and meetings, and Frisco Town Attorney Thad Renaud provided training on open records. These trainings are presented to the whole Council whenever there are new members elected to provide an introduction for new members and a refresher for current members.

Frisco Comprehensive Plan Update

In the State of Colorado, a comprehensive plan is necessary to guide growth and development, and the Town received a $100,000 grant from the Department of Local Affairs (DOLA) to complete the plan. A well-crafted comprehensive plan should reflect the community’s vision and goals for the future and address various elements such as land use, transportation, recreation, economics, water, and the natural environment. The comprehensive plan can be used as a long-range tool to guide policy decisions throughout the Town. Updating the comprehensive plan is intended to support decision making and enable amendments to the Town’s Unified Development Code in line with the community’s vision.

The Comprehensive Plan (Plan) involved a thorough, year-long process driven by the community to revise and enhance the Plan, which was last updated and adopted in 2019. Throughout the past year, staff engaged in extensive public outreach, including meetings, worksessions, and open houses to gather input and feedback on the Towns goals, strategies, and implementation matrix.

Staff, Design Workshop, Frisco Planning Commission and Frisco Town Council met for a joint worksession on January 28, 2025 to discuss the 80% Plan, and more public feedback was sought. Council and Planning Commission provided feedback, which was incorporated into the 95% Comprehensive Plan. Feedback included:

• The redevelopment of Summit Boulevard is seen as one of the most transformative and impactful elements of the Plan.
• A major hurdle in this redevelopment effort will be incentivizing businesses to make the necessary changes.
• Some participants expressed concern that the Summit Boulevard District and that the proposed attention on Main Street on the east and west ends and aligning it more with the rest of Frisco Main Street- at the Marina and West Main- may not fully align with the Town’s future desired direction.
• The focus on COVID-19 in the Plan can be reduced, as it no longer needs to be so prominent.
• Some of the pictures used in the materials are not representative of Frisco and should be updated to better reflect the community.
• Infrastructure should be addressed as serving not only housing but also the needs of tourists and visitors.
• The introduction should be more positive and forward-looking, emphasizing opportunities and aspirations.
• Avoid singling out individual organizations; instead, maintain a broader and more inclusive approach.
• Verify alignment with capital projects identified during the Council Retreat.
• Ensure there are no conflicting elements within the implementation strategies.
• Reference the strategic plan but allow the strategic plan to provide more detailed guidance.
• Include an introductory note clarifying that the Plan presents a broad vision, with key outcomes being the extension of Main Street and incentivization of improvements along Summit Boulevard.

The purpose of the worksession on April 22, 2025 is for Council to review the 95% Comprehensive Plan draft and provide feedback.

Out of Frisco Boundary Water Service Request

In 2023, Ordinance 23-05 was approved, which modified Chapter 171 of the Town code by adding an application process for out-of-town boundaries water service/taps. This new process requires prospective water users outside the Town of Frisco to submit a written application, dedicate water rights or pay a fee in lieu of water rights, submit a written will-serve letter from Frisco Sanitation District, and other conditions per the ordinance. Town Council may then deny or grant the request with conditions based on the “best interest of Town residents”. In addition, the ordinance states that the Council will consider whether the request will result in detrimental secondary impacts to Town or its residents. If Council approves a request, the applicant is required to meet all conditions, dedicate water rights or pay an in-lieu fee, pay all fees and reimbursements, and execute the extra-territorial tap contract.

On December 3, 2024, the owner of 0173 County Road (CR) 1041 submitted an extra-territorial water application for the property. The application is for one EQR; an EQR is the typical amount of water resources used by a typical single-family residence. The existing single-family home is located within unincorporated Summit County, and there is an existing water main on CR 1041, requiring only the installation of a service line between the existing main and the home. All costs of construction and maintenance of the service line and any other required infrastructure will be the responsibility of the property owner. The property is currently served by the Frisco Sanitation District, and the owner will be required to maintain connection to the Sanitation District.

The application elected to pay in-lieu fees in place of dedicating water rights. The extra-territorial in-lieu fee, plant investment fee, and water rates have been determined to cover costs associated with additional water service. Therefore, the revenues are expected to match the increased costs of 0173 CR 1041, and no financial impacts are anticipated. The owner will pay the Town $2,076.21 as cash in lieu of water rights necessary to serve the property, plus the sum of $7,320.50 for the plant investment fee. Town Council approved the extra-territorial water service agreement for the residence located at 0173 County Road 1041.

Ordinance Banning the Sale of Flavored Nicotine Products

The State Legislature passed HB19-1033 in March of 2019, which allowed counties and municipalities in Colorado to implement licensing and taxes on nicotine products. The bill also authorized counties and municipalities to enact a resolution or ordinance that prohibited a minor from possessing or purchasing nicotine products and allowed counties and municipalities to impose regulations on nicotine products that are more stringent than state regulations.

Measure 1A was passed by the voters in November 2019, resulting in Ordinance 19-15 establishing a Tobacco Retailer Licensing process in the Town of Frisco, moving the minimum age for purchase of tobacco products to 21 years starting January 1, 2020. To sell tobacco or tobacco-related products applicable under Ordinance 19-15, businesses located within the Town limits of Frisco must maintain the current Town Tobacco Retail Products License, administered by the Town Clerk. Measure 1A also approved a Countywide sales tax on qualifying products, remitted by retailers to the County, then distributed to the Town’s Finance Department. Additionally, the Nicotine Tax Fund was established in October 2020, for the purpose of collecting revenues from the sale of cigarettes, tobacco products and nicotine products to be used solely for the protection and improvement of public health and welfare.

During the November 11, 2024 Town Council Work Session, Becky Peltier, Health Promotion and Prevention Specialist for Summit County Youth & Family Services, presented an update to Council on the Countywide Nicotine Tax including statistics and program outcomes. A group of local high school students also presented their experiences with nicotine/tobacco products, requesting that the Town adopt a ban on flavored nicotine/tobacco products. Several high school students returned on April 21 to provide public comment highlighting the negative impacts of nicotine and tobacco products.

Per Council’s direction, staff presented a revised Retail Tobacco Business Licensing Ordinance 25-07. Proposed revisions include:

• Prohibit the sale of flavored nicotine/tobacco products
• Prohibit discounts on the sale of nicotine/tobacco products

Town Council approved Ordinance 25-07 on the first reading with second reading on May 13 with the inclusion of a January 1, 2026 effective date for the ordinance.

Grant Agreement with CHFA for Additional Funding to Purchase 101 West Main Street

The Land Banking program provides grants up to $5,000,000 to eligible local or tribal governments and forgivable loans to eligible nonprofits with a demonstrated history of providing affordable housing. These funds must be used to acquire and preserve land for affordable for-sale housing or affordable rental housing.

Colorado Housing and Finance Authority (CHFA) received 113 Letters of Intent (LOI) to Apply equaling over $255.8 million in fund requests. Given the overwhelming demand, CHFA and OEDIT invited and received 21 applications requesting more than $38.8M in funds to acquire or preserve land for 867 affordable rental and homeownership units across the state. In total, 16 applicants, with requests totaling $25.34 million received awards.

In January 2024, the Town was awarded a grant from the State of Colorado for the purpose of land banking the property at 101 W Main to develop affordable housing at a maximum of 80% AMI. Then on July 24, 2024, the Town signed a Grant Commitment acknowledging the grant award and the Town’s intentions to meet the requirements. The commitment is currently set to expire on March 18, 2025. However, the Town has requested an extension on the expiration date from OEDIT through CHFA and the Town was told that an extension has been granted through July 31, 2025. The Town is awaiting formal confirmation in the form of a written extension to the Grant Commitment. If the closing does not occur by this expiration, the award may be forfeited and made available to the next qualifying project in the order in which an approved LOI or application was received.

The Town must also ensure that specific milestones are achieved within the following 5-10 years.

• Milestone 1: The project must be properly zoned and have a development plan submitted within five years of the Proposition 123 Land Banking loan or grant funding.
• Milestone 2: All projects must be permitted and funded. CHFA and the borrower may establish additional terms if good faith efforts to meet the milestone timelines have been made by the borrower.

Town Council approved Resolution 25-07 to approve the grant agreement with the Colorado Housing and Finance Authority.

Sale & Lease Agreement for 101 West Main Street

Since early 2023, the Town of Frisco has been working with the NHP Foundation (NHP) when NHP staff approached Town staff and Council regarding affordable housing opportunities in Frisco. The mission of NHP is to preserve and create sustainable, service-enriched multifamily housing that is affordable to low- and moderate-income families and seniors and beneficial to their communities. This mission aligns with the Council’s strategic plan to support a thriving economy by increasing workforce housing and enhancing community inclusivity by offering a variety of housing types to support year-round residents.

Recognizing the significant need for all housing types and rental rates within Frisco, the Town has focused on ensuring that the two projects with NPH, one on Main Street and one on Galena Street, provide a range of affordable housing options to the community. Based on site location, development design, financing mechanisms, timelines, etc., the Town and NHP determined that the 101 W Main Street project would proceed with low-income rental rates.

The project will potentially be moving forward in 2025 dependent on Low Income Housing Tax Credits (LIHTC) funding, which were applied for in February 2025, with a possible award in May 2025. The project aims to provide at least 52 units of low-income workforce housing

The Terms & Conditions of the Agreement

The purchase, sale, and lease-back agreement between the Town of Frisco and NHPF West Main, LLC (NHPFWM) sets the terms and conditions for the acquisition of the property located at 101 West Main Street by the Town from NHPFWM, and the lease-back of the property from the Town to NHPFWM under a long-term ground lease for nominal rent.

The purchase and lease-back of 101 Main Street is supported by a $5 million grant from the Colorado Housing and Finance Authority (CHFA), which was awarded to the Town of Frisco under the Affordable Housing Financing Fund Land Banking Program. This grant is governed by the Affordable Housing Finance Fund Land Banking Program Grant Agreement, which outlines specific milestones that must be met, including proper zoning and development plan approval within five years and securing construction permits and funding within ten years. The grant agreement outlines the terms and conditions for the disbursement and use of the grant funds, including requirements for reporting, environmental sustainability, and compliance with affordability restrictions.

The CHFA Grant Agreement also requires that an affordability covenant prepared by CHFA be placed upon the property after the Town’s purchase from NHPFWM, but before the lease-back of the property to NHPFWM. The CHFA Covenant ensures that the property is used for affordable housing. These covenants include affordability terms, such as restricting rental units to households with annual incomes at or below 80% of the area median income (AMI).

The ground lease agreement that would be entered into between the Town of Frisco and NHPFWM includes provisions for the development and operation of a housing rental project that will comply with the CHFA Covenant and the requirements of the CHFA Grant Agreement.

Council approved Ordinance 25-01 on the second reading.

Marijuana Licensing Fees Reduced

Pursuant to the Town’s Home Rule Authority and C.R.S. §§ 12-43.3-301 and 12-43.4-301, the Town possesses the authority to regulate the time, place, manner, and licensing requirements for the operation of medical and retail marijuana businesses within the Town. Town Clerk, Stacey Nell, identified a need to more clearly establish consistency in the fees charged by the Town for marijuana licenses.

Currently, for renewals of retail marijuana licenses, licensees are being charged $3,000.00. Ordinance 25-06 proposes a reduction in fees to be more consistent with the actual staff time involved with processing a renewal application and to reduce the fee to $1,500.00. This is also in line with the renewal fee for medical marijuana licenses, which requires the same amount of Town staff time for processing. In compliance with Tabor, fees should align with the resources needed to complete the task or process that the fee is being charged for.

Town Council approved Ordinance 25-06 on the second reading.

Frisco Town Council Meetings: Ways to Participate

Frisco Town Council meetings are available to view via Zoom and YouTube, and are also held in person to make Town Council meetings easier to access for everyone.

The public can provide comment during meetings via Zoom or in person (not YouTube), and a public comment period will be available at 7:00pm; during the consideration of ordinances; and at the discretion of Town Council during work session items, which are discussions that don’t require a formal vote by Town Council and do not require public comment. Again, this hybrid approach is intended to make Town Council meetings more accessible, and meeting recordings will typically also be made available the day after a meeting in the meeting archive with agenda topics bookmarked to the discussions in the video.