HomeMy Public PortalAboutPC Resolution 1998-12-01 Approving Minor Amendments to the Planned Development District Plan for the Maryvale PropertyTOWN OF ERASER
PLANNING COMMISSION
Resolution No. ~~- ~ q ~'
A RESOLUTION APPROVING MINOR AMENDMENTS TO THE PLANNED
DEVELOPMENT DISTRICT PLAN FOR THE MARYVALE PROPERTY, SUBJECT TO
ArrxOVAL BY THE BOARD OF TRUSTEES.
WHEREAS, a revised Planned Development District Plan ("PDD Plan") for the
property commonly known as the Maryvale Property was approved pursuant to Ordinance No.
241 adopted by the Board of Trustees of Town of Fraser on or about Apri129, 1998; and
WHEREAS, Maryvale LLC, a Colorado limited liability company ("Developer"), as
the owner of the Maryvale Property, has proposed certain amendments to the Amended and
Supplemented Annexation Agreement for the Maryvale Property, dated April 15, 1998 (the
"Annexation Agreement"), which constitutes a part of said approved PDD Plan; and
WHEREAS, the Planning Commission is authorized to review minor amendments to a
PDD Plan, pursuant to Subsection 13-3-12(7)(b)(vii) of the Code of the Town of Fraser; and
WHEREAS, any amendments to the Annexation Agreement must also be approved by
the Fraser Board of Trustees before such changes become effective; and
WHEREAS, the Planning Commission has reviewed the proposed Amendment to
Annexation Agreement for the Maryvale Property, dated October 31, 1998, which has been
prepared by the Town Attorney and which sets forth the proposed amendments to the
Annexation Agreement and the terms and conditions thereof; and
WHEREAS, it appears to the Planning Commission that the proposed amendments are
minor in nature and would not constitute a substantial modification, removal or release of the
provisions of the PDD Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN OF ERASER
PLANNING COMMISSION, AS FOLLOWS:
(1) That the Planning Commission hereby approves the following proposed minor
changes in the approved PDD Plan for the Maryvale Property, subject to approval of said
changes by the Fraser Board of Trustees and subject to such additional terms and conditions as
may be imposed by the Board of Trustees:
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(a) The deadline for the initial payment of money in lieu of school sites
pursuant to Subsection 10.13.1 of the Annexation Agreement is extended from October
31, 1998 to December 15, 1998.
(b) Developer agrees to pay interest and collection costs if it is necessary for
Fraser to pursue collection of such December 15, 1998 payment or any subsequent
payment of money in lieu of school sites; and to that end, the following sentence shall
be added at the end of Subsection 10.13.1 of the Annexation Agreement:
If Fraser proceeds with collection of any payment, Developer shall be
additionally liable to Fraser for interest on the payment due at the at the rate of
ten percent (10%) per annum, compounded monthly, from the due date until
full payment is received by Fraser, plus all collection costs incurred by Fraser,
including reasonable attorney fees, which additional sums shall be non-
refundable.
(c) The deadline specified in Section 10.2 of the Annexation Agreement for
determining the description and completing the dedication or conveyance of the linear
park to Fraser, is extended for a period of one (1) year, to July 28, 1999.
(d) The deadline specified in Section 10.12 of the Annexation Agreement for
Developer's execution and delivery of an easement deed granting a temporary public
easement along the existing trail located on the Maryvale Property which leads to the
Forest Service lands, and for Developer's furnishing satisfactory proof that an adequate
public right-of--way has been obtained across the Excluded Property described on
Exhibit A-1, is extended from October 31, 1998 to December 31, 1998.
(e) The following new Section 10.14 shall be added to the Annexation
Agreement at the end of Article 10.0 thereof:
10.14 Whenever this Agreement calls for Developer to grant any right-
of-way, easement, park land or other property by a certain date or within a
certain time, Developer shall perform all acts necessary to complete the grant
by the date or within the time specified. Where any such grant is required after
a request by Fraser or some other event and no time is specified for the
completion thereof, Developer shall perform all acts necessary to complete the
grant within a reasonable time, and in no event later than ninety (90) days after
the request or other event which triggers the grant. In each instance, if
Developer fails to complete any such grant within the time allowed, Developer
shall be liable to Fraser for payment of $100.00 per day from the date the
performance was due, as provided herein, until all acts necessary to complete
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the grant are fully perf~~~ed. Such delay damages payable to Fraser shall be in
addition to all other rights and remedies available to Fraser for Developer's
failure to complete any such grant of aright-of--way, easement, park land or
other property required under this Agreement.
Without limiting the generality of the foregoing, the provisions of said new Section
10.14 shall be applicable to the performance required from Developer in accordance
with the extended deadlines specified in (c) and (d) above.
(2) That the Chairperson and Secretary of the Planning Commission are authorized to
execute this Resolution and proceed with all acts necessary to confirm the adoption of said
minor changes to the PDD Plan, subject to approval by the Board of Trustees as aforesaid.
ULY MOVED, SECONDED AND Ar'r'xOVED THIS ~ DAY OF
~ ~ , 1998.
FRASER PLANNING COMMISSION
ATTEST:
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Se a ~'
BY:
Chairperson
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