Unified Development Code Updates- Zoning and Development

Staff presented to Council a review of proposed changes to the Unified Development Code (UDC) and Council directed staff to prepare an ordinance reflecting those updates for the March 14, 2023, Town Council meeting. The Unified Development Code (UDC) contains the rules and regulations for the Town’s zoning code and is periodically updated to reflect changing zoning priorities and to increase efficiencies in the development review process.

The Frisco Planning Commission held a work session on October 6, 2022, and discussed potential UDC amendments that aimed to provide procedural relief and clarification when navigating the UDC. Staff presented the proposed amendments resulting from that discussion for review by the Planning Commission at the January 19, 2023 meeting, at which the Planning Commission recommended approval.

The proposed changes relate to construction timelines and management, development standards, updating snow storage requirements, construction fencing, lot coverage, and specific uses in the use table, and definitions. Council directed staff to return in March with an ordinance amending the Unified Development Code.

Workforce Housing Unified Development Code Updates

At the January 17, 2023 Town Council meeting, Council discussed potential Code amendments to facilitate the construction of more workforce housing and directed staff to review with the Planning Commission to gather their input. The Planning Commission discussed the proposed amendments at their February 2, 2023 meeting.

The Code amendments proposed would add a Density Bonus option for Low Income Housing Tax Credit (LIHTC) projects. LIHTC projects require that the units are deed-restricted to average 60% AMI, but do not allow restrictions on where the occupants work. The proposed Code amendments would also add a new section to create a set of incentives in the form of modifications to underlying zoning regulations for projects that meet specific deed-restricted housing thresholds. The program would be available for use for all properties in the Gateway, Central Core, Mixed-Use, and Residential -High, -Medium and -Low zone districts.

• Density – allows increased density in the RH, RM, and RL zone districts where the density bonus provision is not currently permitted.
• Lot coverage – allows increased lot coverage
• Setback – allows reduced setbacks
• Building height – allow up to a 10% increase in building height
• Landscape – allows modifications to the landscape requirements
• Mixed Use – in the MU zone district, allows for a lower ratio of commercial to residential uses
• Bulk Plane – allows an increased volume of bulk plane envelope encroachments
• Parking – allows reductions in the amount of parking required by allowing some on-street parking or off-site parking under certain conditions, and encouraging use of transit and car-sharing services

While the Planning Commission was not fully supportive of all the proposed amendments, they recognized there could be some code amendments that could facilitate certain housing projects, while balancing other community goals, particularly with regards to use and appearance of the built environment on Main Street. There were a few key themes that emerged from Planning Commission review of the proposed code updates:

• Planning commission was supportive of the proposal to allow a density bonus option for Low Income Housing Tax Credit (LIHTC) projects
• Main Street is a key component of the community, and the Planning Commission was not comfortable with including reductions in mixed-use commercial percentage or allowances in design requirements written into the Code. The Mixed-Use zone allows for a conditional use process to consider reduced commercial space based on specifics of a project, and the Planning Commission felt it was appropriate to keep that way.
• If a developer of a particular parcel wants deviations from the Code for a specific project, the PUD process is still an option, so the entire project could be considered.
• The Planning Commission expressed concerns that there was not enough of a differentiation between the 50% affordable and 100% affordable code allowances to provide incentives to a developer to go the 100% route.
• Bulk plane – clarify code language to indicate bulk plane encroachment allowances are an “up to” consideration, not guaranteed, and remain subject to Planning Commission review and approval.
• Building articulation and design – could allow for a simpler building for a 100% affordable project on Main Street.
• A simpler design and a reduction of mix of uses could be acceptable off Main Street, even for a 50% affordable project.
• Landscaping reductions should be more clearly defined; do not want the result of a “bald” property. This comment continued the general theme of ensuring enough similarity to other projects so that it is not an easily discernable difference between an affordable housing project and other development.
• Planning Commission felt that an affordable rental project could receive greater incentives than a for-sale project.
• Parking. There was concern that current transit is not robust enough to facilitate living without cars. But there was recognition that there may be improved transit options during the life of the building, so if there is a reduction in parking, a solution on how to bridge that gap is needed, otherwise a problem may be created at the very beginning of the building’s life. Planning Commission liked the car share idea to reduce parking if an agreement is in place in perpetuity.
• Fees. Any fee waivers or reductions should continue to be at Council’s discretion as it would have to be paid back out of housing fund and could be considered a part of Town contribution to a project.

Town Council appreciated the Planning Commission’s feedback and emphasized that Town Council needed to continue to consider further code updates to pursue their goal to increase workforce housing. Council granted that they were more agreeable to reducing parking requirements on rental-only projects, but that the parking discussion needs to continue, including options for on-street parking. Council also was in agreement about allowing reduced design requirements for workforce housing along alley frontages, and the ability to use the existing conditional use process to reduce commercial space requirements for 100% workforce housing developments. Town Council asked staff to provide a draft ordinance to amend the Unified Development Code in support of workforce housing for Council comment at the same time as when it is provided to Planning Commission for review.

Water Service Agreement with Summit County

Summit County has approached the Town of Frisco asking for a commitment letter for water service for a proposed 16-unit workforce housing development on Miners Creek Road adjacent to the County Commons property. While the proposed project is not within the County Commons property, the County is requesting the use of existing dedicated water rights reserved for projects in the County Commons. The Town and County are operating under several extra-territorial water intergovernmental agreements (IGA) to provide water to the County Commons property in exchange for dedicated water rights from the Clinton Ditch & Reservoir Company provided by Summit County. These agreements have given the County credits for 342.97 Equivalent Residential Units (EQR), of which they have used 249.18. The current proposed development would require the County to use 16 EQRs out of the remaining 93.79 EQRs.

In January 2023, the Town of Frisco responded to the County’s request with a letter providing preliminary confirmation that this water service can be provided but not agreeing to provide it. Town Council directed staff to return in a future meeting with a water service agreement between the County and the Town, which would be informed and based on the previous agreements described above which included the dedication of water rights by the County for this water service.

Approving the Out-of-Town Water Request Process

Council moved to table this ordinance for consideration at a future meeting.

Marina Parking Update

Logan Snyder, Marina General Manager, provided a quick overview of the Marina paid parking program for summer 2023. The only proposed change for summer 2023 is a holiday (July 1-4 and September 1-4) premium parking rate, which will be $20 for three hours and $5 for each additional 30 minutes. Season passes will continue to be $99 and will be available from April 24 through June 2, 2023 at ParkFrisco.com.

Home Rule Charter Review- Excavations

Council approved the second reading of an ordinance to clarify restoration and application requirements associated with excavation projects and raised permit fees to cover the administrative costs incurred by the Town. Town Council is required to periodically review ordinances in the Town Code to ensure that they continue to align with the needs of the Town’s residents.

Budget Appropriations for 2022 and 2023

While Town Council approves a budget each year, it is occasionally necessary to make changes to the budget. These changes must be adopted by Council via an ordinance. Below is a list of the proposed changes to the 2022 and 2023 budgets.

2022 Supplemental Appropriations

These supplemental appropriations were discussed with Council during the 2022 calendar year and will amend the 2022 budget by the amounts listed below:

1. Transferring 1/3 of 2021 costs related to Marina area lift station from the Marina Fund to the Capital Fund, per the Council’s conversation about the Marina during the 2023 budget adoption – $466,257
2. Reassigning 2022 costs related to Marina Park landscaping from the Marina Fund to the Capital Fund, per the Council’s conversation about the Marina during the 2023 budget adoption – $174,173

2023 Supplemental Appropriations

Rolled Over From the 2022 Budget into the 2023 Budget

The supplemental appropriations listed below relate to projects budgeted, but not completed in the 2022 budget. The related ordinance will amend the 2023 budget by the amounts listed below.

General Fund Expenditures- $64,365

1. Historic Park Lighting: Lighting Design and Photometric Analysis of the FHPM by AE Design- $6,500
2. Solarize Summit: One contracted but not completed installation, and 3 unused rebates- $6,000
3. Streets Maintenance: Concrete and Pavement Replacement – $51,865

Capital Improvement Fund Revenue – $18,000
EV Charging: Charge Ahead Grant for 3rd Ave EV chargers. Project has been completed, but grant reimbursement not yet received – $18,000

Capital Improvement Fund Expenditures – $1,535,440

1. Wayfinding (PRA Signage): For improved signage on trails and bike park – $12,000
2. Trails Master Plan: 2022 included $40,000 for project; $33,748 spent to date. TC approved 2/14/23. – $6,252
3. Frisco Backyard Plan: Multi-year planning effort, budgeted $240,000 in 2022 for project; $112k spent to date- $127,492
4. Concrete Replacement at Town Hall plaza/sidewalks- $50,000
5. Summit Boulevard – GAP Project- $300,000
6. Town Hall Dumpster Enclosure- $50,000
7. Vehicles & Equipment: Ford Lightening (PRA), PD Expedition & upfitting, Western Plow, CAT Loader, Backhoe – $539,696
8. Fuel System Overhaul – $450,000

Water Fund Expenses – $500,000
2022 Water Capital Projects PFAS – $500,000

Marina Fund Expenses – $142,450
Replace Mooring Anchor Winch Boat; 2022 budget was $150,000; boat/motor arrived in 2023- $142,450

New Appropriations

Budget requests recommended by the Town Manager, to help achieve Town Council’s Strategic Plan. The related ordinance will amend the 2023 budget by the amounts listed below.

General Fund Expenditures- $349,000

1. Snow Removal: Snow Cat Rental and Plow Ops Software- $60,000
2. Short Term Rental Compliance- 3rd party software costs were intended to be transferred from Admin To CDD, but were inadvertently left out of the adopted budget- $55,000
3. New staff positions: Town Engineer – $125,000, Sustainable Materials Management Technician – $65,000, Human Resources Technician – $44,000

Capital Fund Expenditures -$50,000 (Reduction)

1. Marina Site Work: To meet the expectations of Town Council discussion on December 13- $80,000
2. PRA Recreation Pathway Final Connection: To connect the unfinished pathway that goes under Hwy 9 to County property – $120,000
3. Park Improvements: Reducing the budget for the Old Town Hall Park -$250,000

Housing Fund Revenue – $8,450,000

1. Granite Park: CDOT contributions will increase based upon increased GMP- $1,250,000
2. Granite Park: COP Proceeds were not included in the adopted budget- $7,200,000

Housing Fund Expenditures – $2,500,000
Granite Park: Updated budget based upon GMP for total project cost- $2,500,000

Marina Fund Expenses – $170,000
Boat Ramp: To match the bid received, original budget was based upon an engineer’s estimate. Efforts will be made to work with the contractor to reduce the end cost- $170,000

The following were not included in this first reading but will be added to the second reading:

Marina Fund Expenses – $70,000
Rescue boat: Purchase of a rescue boat for the Frisco Bay Marina

Nicotine Tax Fund- $180,000

1. Sol Center funding: construction of the non-profit campus in Breckenridge for FIRC and Building Hope- $100,000
2. Summit County Preschool: funding for capital improvement projects- $80,000

Council voted on first reading to approve this ordinance regarding budget appropriations for the 2022 and 2023 budgets.

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.