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HomeMy Public PortalAboutTBP 1998-07-24(/( ~t~': ~ , - 1 • ~ ~ 0 ~ O I TOVV1~1 OF ERASER 1 "Icebox of the Nation" !' I P.O. Box 120 / 153 Fraser Avenue ~ . Fraser, Colorado 80442 p (970)726-5491 FAX Line: (970) 726-5518 , i' i TQWN BOARD AGENDA SPECIAL MEETING JULY 24,1998,10:00 a.m. , ~~ ERASER TOWN HALL I I l 1. - Roll call ~~ 2. I Public Hearings f a) Regarding an amendments fo the .Business District Regulations , ~ ~ i _ b) Regarding an amendment to the Town of Fraser Zoning District Map ~ 3: Action Items , r r ~. a) Ordinance No. , an Ordinance amending the Town of Fraser Business ' District Regulations. b) Ordinance No. , an Ordinance amending the. Town of Fraser Zoning F District Map and zoning a certain parcel in the Town of Fraser. ' h 4. Adjourn i ~: P i. ,, ~" • I E ýÿ • TOWN OF ERASER "Icebox of the Nation" P.d. Box 120 / 153 Fraser Avenue i Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 • Manager's Briefing: July 22,1998 At tomorrow's special meeting we'll have two public hearings and consider two ordinances, both attached. Please note that both Ordinances are "emergency ordinances" which means that they will take effect immediately upon approval. The first public hearing is to consider amendments to the Business District Regulations -amendments that will create a special review process for mechanical wastewater treatment facilities and land devei„y.uent witlvn the wellhead protection area. We know that the wellhead r~..iection section of the Ordinance will need additional language which we will begin working on ASAP. The sections in this Ordinance related to mechanical wastewater tr;,wi.u~ent facilities are the result of a lot of work with Grand County Water & Sanitation District and, based on our attorney's opinion, is legally defensible in its current form. The second public hearing relates to the zoning of the GCWSD parcel. Staff recommends that the parcel be zoned B Business District. See you tomorrow. ~~ E, ýÿ TOWN OF ERASER, COLORADO • ORDINANCE NO. AN ORDINANCE AMENDING THE TOWN OF ERASER BUSINESS DISTRICT REGULATIONS. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERASER, COLORADO: Section 1. Subsection 13-3-8(8) la of the Code of the Town of Fraser ("Town Code") is amended by the addition of a new sentence that reads: "Uses permitted by special review, including mechanical wastewater treatment facilities and land developed in the wellhead protection area, are governed by section 13-3-8(9) of the Town Code." and by the deletion of the existing subsection E, which reads: "E. Mechanical Wastewater Treatment Facilities", and the insertion of a new subsection E to read "E. Dumping or processing of waste holding tanks from mobile sources including, but not limited to recreational vehicles, busses and trucks." Section 2. Subsection 13-3-8 of the Town Code is amended by the addition of a new subsection (4), to read as follows: (9) Uses Permitted By Special Review • The following uses are permitted within the Business District, only upon ,r;,~,;al review and approval as provided in this subsection (9): Mechanical Wastewater Treatment Facilities Land Devel~.r~..~ent within the Wellhead Protection Area A. Relationship to Business District Regulations The requirements of this subsection (9) generally govern the procedure for application for uses permitted by special review within the Business District. This subsection also imposes site and design guidelines applicable to certain special uses. The requirements of subsections 13-3-8(1) through (8) of the Town Code (the Business District Regulations) also apply to uses Y~.~u~itted by special review within that District, to the degree such requirements are not displaced by a specific provision of this subsection. In the event of conflict between the requirements of subsections 13- 3-8 (1) through (8) generally, and the requirements of this subsection (9), the more restrictive requirement shall govern. All uses by special review in the Business District shall be considered "major proposals," and all site and design guidelines applicable to such r~.,~,osals shall be considered "Absolute," rather than "Relative." Upon issuance of a r:,....it under this subsection 9, and compliance with all applicable regulations of the Business District, such r;,.~~~it shall also constitute a development permit under the Business District • Regulations. B. Aunlication and Review Procedure Applications for uses permitted by special • review shall be submitted and reviewed pursuant to the following process: (1) Pre-application conference. Prior to the formal submittal of any request for air. ~~ gal of a use permitted by special review in the Business District, an informal pre-application conference shall be held between the Applicant and Town Staff. This conf;,.~;.uce will serve to acquaint the Applicant with the requirements of the Business District and to allow the Town Staffto become familiar with the Applicant's development intent and design philosophy. A schematic site plan and building concept drawings will aid in discussion at this conf~.~:,..ce; however, Applicants are encouraged not to rY~;.~ure detailed designs which might require extensive revision as a result of the pre-application conf:..~~ce. The Applicant should bring the following information to the conference: (a) General project concept. (b) Specific uses ~.~~~sed, including building size, location and parking. • (c) Site plan concepts including landscaping, imgation, grading, lighting and signs. (d) An exterior materials package including roof m41:..;al and color, wall material and color, etc. (e) Proposed construction time line. (2) Review and Decision. (a) Subsequent to the pre-application conf::~;,..ce, an application with the required materials shall be filed with the Town. Only complete submittals will be accepted. (b} The application will be reviewed pursuant to the Business District development permit process set forth in subsection (5) of this section with the exception that the application must be submitted thirty (30) days preceding the Pl~....:ng Commission hearing. The application shall be considered a "major proposal" within the meaning of subsections (5)(a) and (b), provided, however, that the decision of the Planning Commission under subsection (5}(e) shall be in the form of a recommendation to a~,r.~., re, approve with conditions, or deny the application. • (c) Subsequent to receipt of the Planning Commission's • recommendation, the Board of Trustees shall hold a public hearing on the application, notice of which shall be given by publication in the same manner as required by section 13-11-1 for amendments to the zoning ordinance, such published notice to be the responsibility of the Town. At least fourteen days prior to the hearing date, notice of the hearing shall be sent to all owners of property within two hundred feet (200') of the property in question by certified mail, return receipt requested, such mailed notice to be the responsibility of the Applicant. Within 30 days of completion of the hearing, the Boazd shall act to approve, arr..,ve with conditions, or deny the application. The decision of the Board is final, subject to judicial review. (3) Permits: Duration and Conditions; Amendments; Variances. (a) A use permitted by special review is valid so long as the conditions of approval are maintained by the Applicant, unless a specific time limit for the use is set forth as part of the Y..,~uit ar~,.~„val. If an approved use ceases .,~r;,.ktion for any reason for a period of one (1) year, the use permitted by special review shall be deemed • expired, unless otherwise ~,~.. sided in the permit itself. (b) If the conditions of a use permitted by special review become the responsibility of a ~.:,.~on or entity other than the Applicant, the Town Staff shall be notified in writing, identifying the new person or entity responsible for maintaining the conditions of the permit. Until such notice is received, the Applicant shall remain responsible for maintaining the permit conditions. The notice shall be attached to the permit on file with the Town Staff. However, it is the intention of this subsection (b) that the property owner remain responsible for compliance with p.,~u~it conditions. (c) Failure to maintain the permit conditions shall be considered a violation of this section and, in addition to the penalties provided for violations of the Town Code, shall subject the permit holder to revocation. (d) No arr..; /ed use permitted by special review may be modified, structurally enlarged or expanded in ground area, unless such modification, enlargement or expansion receives the prior approval of the Town, which shall be obtained by submitting a new application for review under the procedures provided by this • subsection (9). Such application shalt be submitted to and ýÿ processed by the Town in the same manner as applications for the • original permit itself, provided, however, that at the pre- application conference, the Applicant and Town Staff shall agree upon the extent of submission requirements pertinent to the application. In the event the Applicant disagrees with the Town Staff's decision with respect to the extent of the submission requirements, such disagreement may be preserved by the Applicant as a part of its application for amendment, and the Planning Commission and Boazd of Trustees shall recommend and decide upon that appeal as a part of their decision on the amendment application itself. (e) The Applicant may request a variance from or modification of the requirements applicable to the particulaz use by special review. Any such request shall be made as part of the application documents required for the application itself or after ay~Y.~~., /al of such application. The request shall be considered by the Planning Commission as a part of its recommendation to the Board of Trustees. The Board of Trustees, in its sole discretion, shall d:;b:.r.=.ine whether and to what extent such variance request shall be a~~. oved. The request for a variance must describe, and the Board of Trustees in granting such a variance must find, that all of the following conditions exist: • (i) That satisfactory proof has been presented to show that the request is reasonably necessary for the convenience or welfare of the public; (ii) That the variance would not authorize any use other than the use permitted by special review as described in the permit; (iii) That unnecessary hardship to the Applicant would be shown to occur if the variance were not granted; or that the application seeks a more cost-effective or technologically superior approach to some aspect of the use permitted by special review; {iv) That the variance would not injure the value, use of or the proper access to light and air, of adjacent pra~~.~ «es; (v) That the variance is the minimum variance necessary to accomplish the intended purposes; and • ýÿ (vi) That the variance would not be out of harmony with the . intent and purpose of this subsection (9), the Fraser Zoning Ordinance and all other ordinances and regulations of the Town. The procedure for consideration of variances generally at section 13-10 of the Fraser Zoning Ordinance, shall not apply to variances and amendments of uses p;,,~~~itted by special review. C. Submission Ream. ~~.~eats The Applicant for a permit to conduct a use permitted by special review shall submit to the Town Star any or all of the following materials which are, in the opinion of the Town Staff, relevant to the proposal being requested Except as otherwise provided herein, Town Staff shall identify the list of required submittals at the time ofpre-application confo~~,.ce. Only complete submittals will ~ acc:.r~~~:,d: A c.,YUrlete use by special review permit application. The required fee. A legal description of the praror ter. Proof of legal access to the property. A site plan showing existing uses and structures on the pr.,r:,~ tr, including aU utility infrastructure, easem~..t, and watercourses. • A site plan showing proposed uses and structures on the ~~..t.erty, including all utility infrastructure, easements and watercourses. Scaled elevations and/or perspective drawings of any proposed structures. A proposed devel.~~,~,.ent schedule indicating: Date of the beginning of the use and/or construction. Phases in which the project may be developed and the anticipated rate of development. Anticipated date of completion of the ~,Y~.,,;ect. Any agreements, r~~., visions or covenants to be recorded Restoration or reclamation plans shall be required for all special uses requiring extensive grading and ~,~~l.active (mining) uses. A statement regarding any r,~.; visions for proper ongoing maintenance of the use and site. Landscaping plan in the form described in subsection G. Water quality plan, including drainage, erosion control, flood plain mapping, and snow storage. Any additional materials which, in the opinion of the Town Staff, aze necessary to adequately review the application, which shall be identified within two (2) weeks of the pre-application conference. D. 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 the Town Code and all other ordinances and regulations of the Town. (2) Whether the proposed use is in cocd'......ance with the Town's Comprehensive Plan. (3) Whether the proposed use is compatible with adjacent uses. Such compatibility may be :,1.y~~.ssed in appeazance, azchitectural scale and features, site design, and the control of any adverse impacts including noise, dust; odor, lighting, traffic, safety, and impact on pr.,~,.,~ ~y values of the surrounding area. (4) Apparent community need for the use. (5) Suitability of location for the use. (b} Whether the proposed use is in compliance with the other requirements of section 13-3-8. E Site Guidelines Anolicable to Mechanical Wastewater Treatment Plants The following site guidelines must be satisfied in connection with the ar~y.„ ral, construction and continued operation of mechanical wastewater tr;.«l.uent plate • as a use p:.~~...~tted by special review under this subsection (9): (1) Maximum buildine footQrint: For administrative, electrical, blower room, sludge processing and headwork uses: 7500 square feet total; for associated wastewater treatment facility, including but not limited to settling tanks, aeration tanks and pump stations: 2000 squaze feet per 100,000 gallons lent capacity. To the e..~.test extent possible, consistent with sound engineering principles, the building fo..~lY.:nt shall be minimized. (2) Pazkin~: All on-site pazking lots shall be paved. Pazking 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 Boazd of Trustees. . (3) Access roads: Access and maintenance roads within the pray:,. ~y are not required to be paved. Access roadways maybe surfaced with other materials, as permitted by the Board of Trustees. Lignin, a natural dust c.,..l.alling substance, shall be applied to all gravel road surfaces in the summer. At least two applications per summer season aze required. • ýÿ (4) Required setback from anv watercourse: 150 feet (150') from any . watercourse to any structure. (5) External storaee of materials and equipment: None permitted without an ar~Y~„ved fencing and landscaping screening plan approved as part of the permit application. (6) Fencing: All fencing shall be approved by the Planning Commission and Board of Trustees, as part of the permit application. Chain link fencing is prohibited (7) Refuse and service areas: All trash areas shall be easily accessible by trash collection vehicles and screened li.,~u public view by either landscaping or a fence that is architecturally compatible with the devel„r~~.ent. Unsightly mechanical and electrical equipment and all service areas shall also be s...~.....ed from public view (8) Own Suace: Not less than 66% and not more than 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 Town Board shall d..l~,..~.ine, the a~~..~.r.rate 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 18 acres per plant site. The Town Board hereby finds and declares that such .,.~,:... 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 13-13-1(40) of the Town Code, or 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, maybe dedicated and conveyed to the Town as publicly owned open space. (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 linutation soil testing and setback requirements fi.,~,~ 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 Zone 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 the Fraser Town Cade. (d) The obligation to designate land for open space purposes shall arise on the date that an application hereunder has been finally approved by the Boazd of Trustees and has become effective by operation of law. It is the intent that if land formerly used as wastev~al.... lagoons aze 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 the Environment. Such ponds maybe dedicated as public open space but may be used by the Applicant in whole or in part for water augur:,-.lµxion 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 Boazd of Trustees. (fj Notwithstanding any other provisions of this subparagraph, during the period of the applicants ownership, there shall be no public access to property owned by the Applicant (including both r1'~rerty to be designated by the Applicant for open space purposes and property retained by the Applicant for mechanical wastewater treatment purposes). F. Design, (T~ii~ielin~s Anolicable to Mechanical Wastewater Treatment Plants The following design guidelines must be satisfied in connection with the approval, construction and continued o~.:..~tion of mechanical wastewater • treatment plants as a use permitted by special review under this subsection (9): . (1) Maximum height: 30 feet above treated sludge conveyor and loading areas; 20 feet above all other plant components; measured pursuant to section 13-13-1(23). (2) Color: A color palette for all proposed structures and featwes shall be submitted to and approved by the Planning Commission and Town Boazd 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. (3) Exterior Buildins Materials: Exterior materials and architectural f~;....~~s, shall include two (2) or more materials in addition to roofing and structure materials. The principal materials used oa 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 acc:,~,~~«ble 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. (4) Prohibited External Buildine Materials: Metal. (5) Roofs: Flat roofs aze prohibited. All roofs must have a pitch of not less than 2 1/2" to 12". (6) Noise and Odor: (a) It is the intent of the Town Board to regulate activities contributing or potentially c..~.l~ ~buting 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) 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 Town Board shall become a permit condition and • a condition of permit approval. (c) Determination of a Violation. A violation of either the noise or odor requii.,u.ents of this subsection shall be determined only in the event that the Town has received complaints fi ~lll a resident, a visitor, or Town Staff. The Town or its designated l~,~lesentative 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 take forthwith action to l~,.lledy or remove the condition causing the violation. The permit holder shall have fifteen (15) days, or such other r;,l~od of time as maybe determined by the Town, in which to cure the violation in a manner acc;.~.~ble to the Town. Failure to so cure the violation may result in assessment, in the sole dis..l~,i~on 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 and the Planning Commission and Town Board. (8) Wastewater Treatment Facility. All components of the waaE:, eater • treatment facility, with the exception of the treatment basins shall be enclosed within a r~o.~llaneat structure. Treatment basins maybe uncovered, covered by a permanent structure or beneath a suitable floating cover, the design gad color of which shall be ~,~llllitted as a part of the use permitted by special review permit. G. Landscape Reaairemenffi Applicable to Uses Permitted by Special Review (1) Landscatrina Plan. The landscape plan shall include, as a minimum, the following: North-indicating arrow. Pr.,r;,ll,- lines. Locations of the existing and proposed structures oa the site. Locations of all existing and proposed hard surface azeas. Table listing of botanical names, the common names, gad the planting sizes and qualll~l~es of all plantings. Identify which existing [.~:.:,s will remain and which trees will be 1~Vllloyed. Location of description of landscaping improvements, such as earth berms, walls, fences, screens, lights, ground cover, planter • boxes, water elements and other natural materials. ýÿ Irrigation plans. . A statement providing that the owner and its heirs, successors and assigns will provide adequate maintenance for all site elements. Minimum size for all deciduous trees shall be two inches (2") in caliper. Minimum size for evergreen trees shall be six feet in height. Minimum size for all shrubs shall be five (5) gallons and at least one and one half feet (1 ]/2') tall. (2) Landscaping Requirements. (a) Landscaping Required: 15% of Lot Area (b) Tree Requirement: 75% of Landscaping Area (c) Shrubl Requil~.~ent: 25% of Landscaping Area As part of review and approval of a use permitted by ~Y:,.,:al 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 diff~~..~.t from the requia~,.uent set forth in this subsection (2) if, in the opinion of the Planning Commission and the Boazd of Trustees, such alternate landscaping plan meets or exceeds the goals sought to be attained by the • numeric landscaping requirem:.uw of this subsection (2), by obscuring, to the fu11 extent possible, the facility or facilities permitted by special review. (3) Landscaping Maintenance. (a) Landscaping maintenance shall include irrigation, fertilization, pruning and weed co~~u~l. Non-living elements in landscaping also need maintenance to avoid being in violation of this Article. (b) Frior to issuance of a certificate of occupancy, the Applicant shall also submit a guaranty or performance bond, in form acceptable to the Town, of tw ~ul,~ 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 Towa until the plant materials have been maintained in a satisfactory condition for two (2) yeazs after installation. The Town may during that time draw upon the 25% guaranty to replace plant materials which have died The remainder of the guazanty, if any, shall be returned to the owner of record upon the exgiration of the two-year period • ýÿ Section 4 Severability. If any section, subsectioq or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected thereby. Section 5 Emergency Declazed; Effective Date: The Board of Trustees hereby deb;,.~.ines that an em:,.b~:,~.cy exists requiring the immediate effectiveness of this Ordinance in that properties exist or will exist within the Business District, use of which will require prompt regulation as a special use. In order to Y,~~erve the public, health, safety, and welfare from the impact of regulated use of such ~.~,~.erties this Ordinance is declazed to be immediately effective upon passage, adoptioq and signature of the Mayor. APPROVID this day of FOR: AGAINST: ABSTAIN: A l l SST: TOWN OF ERASER Virginia Winter, Town Clerk By: 1998 by a vote of Jeff Johnston, Mayor • • [SEAL) Published in the Wiul~,~ Park Manifest on GID~551311289474.03 ^ PAGE ^ 12 1998. • TOWN OF ERASER, COLORADO • ORDINANCE NO. 199& AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF ERASER FOR THE PURPOSE OF ZONING ONE TRACT OF LAND, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE BOARD OF TRUS i tr~S OF THE TOWN OF FRA~t:x, COLORADO: Sectioa 1. Property Zoned; Zoning Map Amended. That Section 13-2-2 of the Fraser Zoning Ordinance and the map referred to therein as the "Official Zoning Map of the Town of Fraser," said map being part of said Zoning Ordinance and showing the boundaries of the districts specified, shall be and the same are hereby amended in the following particulars, to wit: That the following r=~~'rertY annexed into the Town of Fraser, Colorado effective Tune 5, 1998 (and shown on Exhibit A) shall be included within the boundaries of the zone districts designated as follows: • A) Tract 1:Business District Legal Descriution A TRACT OF LAND LYING NORTHERS i rxLY OF U. S. HIGHWAY No. 40 WITHIN THE Sl/2SE1/4 OF SECTION 20 AND THE NEl/4NE114 OF SECTION 29, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M.., DESCRIBED AS FOLLOWS; Beginning at the South 1/4 corner of Section 20; Thence proceeding North 00°25' West along the North-South c:.u4.aline of Section 20 a distance of 1,102.32 feet to the TRUE POINT OF BEGINNING; THENCE proceeding South 61°59'47" East a distance of 343.18 feet; THENCE South S6°31'25" East a distance of 342.69 feet; THENCE South 41°04'23" East a distance of 120.80 feet; THENCE South 55°31'25" East a distance of 135.02 feet; t ttGNCE South 71°58'51" East a distance of 120.78 feet; THENCE South 56°36'15" East a distance of 1,129.95 feet; T1~iENCE South 56°30'00" East a distance of 180.00 feet; THENCE South 33°30'00" West a distance of 40 feet more or less; THENCE South 56°30'00" East a distance of 20.00 feet; • THENCE North 33°30'00" THENCE North 56°30'00" East a distance of 505.19 feet, more or less; West a distance of 175.00 feet; THENCE North 33°30'00" East a distance of 123.12 feet; THENCE North 20°27'22" West a distance of 97.99 feet; THENCE North 52°21'56" West a distance of 130.58 feet; THENCE North 68°31'00" West a distance of 217.27 feet; THENCE North 60°59'53" West a distance of 222.49 feet; THENCE North 84°34'10" West a distance of 94.32 feet; THENCE South 71°25'43" West a distance of 83.82 feet; THENCE South 50°46'16" West a distance of 13b.99 feet; THENCE North 67°02'41" West a distance of 348.11 feet; Ti~NCE North 44°44'27" West a distance of 383.42 feet; THENCE North 39°04'37" West a distance of 111.30 feet; THENCE North 59°13'14" West a distance of 124.47 feet; THENCE South 75°40'28" West a distance of 85.Ob feet; THENCE South 88°56'15" West a distance of 176.76 feet; TI~NCE North 78°21'25" West a distance of 75.00 feet; THENCE North 31°33'11" West a distance of 138.14 feet to a point on the North line of the Southwest 1I4 of the Southeast 1/4 of Section 20; Thence South 89°44'47" West a distance of 200.00 feet to the Northwest Corner of the Southwest 1/4 of this Southeast 1/4 of Section 20; Thence South 00°26'00" East a distance of 222.22 feet to the TRUE POINT OF BEGINNING. Said Tract contains 24.02 acres, more or less. County of Grand State of Colorado Section 2. Emergency Declared; Effective Date. The Boazd of Trustees .finds and determines that ma~,l.~.~~ relating to the zoning of said tract, and the need to bring the tract within the scope of the Towa's police power authority r~~~..y.~tly following amiexation, constitute an emergency which requires the immediate passage of this Ordinance for the preservation of the public health, safety, and welfare. This Ordinance shall become effective upon its passage, adoption, and signature of the Mayor. Arr'icOVED this 24th day of July, 1998 by a vote of FOR: AGAINST: ABSTAIN: A 1 i SST: TOWN OF ERASER: sy: Virginia Winter, Town Clerk Jeff Johnston, Mayor Published in the Winter Park Manifest on July _, 1998 • •