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HomeMy Public PortalAboutOrdinance #154 TOWN OF FRASER ORDINANCE NO, __f_~~_____ (Regis-Maryvale, Inc., Parcel I) AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER AND ZONING SUCH ANNEXED PROPERTY, AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER, AND AMENDING THE FRASER ZONING ORDINANCE NO. 53 OF THE TOWN OF FRASER, COLORADO. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER COLORADO: Section 1. Annexation. Subsection A. That the owners of one hundred percent (100%) of the hereinafter described property have filed with the Board of Trustees of the Town of Fraser, Colorado, a Petition for Annexation of said property to the Town of Fraser, Colorado, Subsection B. as follows, to-wit: That the property to be annexed is described PARCEL I A tract of land located in the South 1/2 of the Southeast 1/4 of Section 20, Township 1 South, Range 75 West of the Sixth Principal Meridian in Grand County, Colorado, described as follows: Beginning at the Southeast corner of said Section 20; thence N 00038'00" W along the East line of said South 1/2 of the Southeast 1/4,1321.34 feet to the Northeast corner thereof; thence S 89047'58" W along the North line of said South 1/2 of the Southeast 1/4, 2433,59 feet to a point on the Northerly line of a tract described in Book 332, Page 677; thence along said Northerly line on the following 17 courses: (1) S 31030'00" E, 138,14 feet (2) S 78018'14" E, 75.00 feet (3) N 88059'26" E. 176.76 feet (4) N 75043'39" E, 85.06 feet (5) S 59010'03" E, 124.47 feet (6) S 39001'26" E, 111,30 feet (7) S 44041'16" E, 383.42 feet (8) S 66059'30" E, 348.11 feet (9) N 50049'27" E, 136.99 feet (10) N 71028'54" E, 83.82 feet (11 ) S 84030'59" E, 94.32 feet (12 ) S 60056'42" E, 222.49 feet (13 ) S 68027'49" E, 217.27 feet (14 ) S 52018'45" E, 130,58 feet (15 ) S 20024'11" E, 97.99 feet (16 ) S 33033'11" W, 123.12 feet (17) S 56026'49" E, 175.00 feet to the Northeasterly corner of said tract; thence S 63041' 59" E, 429.39 feet to the Point of Beginning, containing 33,8632 acres there- in. All bearings in this description are based upon the East line of the Northeast 1/4 of Section 29, Township 1 South, Range 75 West of the Sixth Principal Meridian being: S 00030'00" E. Subsection C. That the said property is eligible for annexation as provided in "the Municipal Annexation Act of 1965". Subsection D. That the Annexation Agreement approved by Ordinance No. __L~~__, between the Town of Fraser and Regis-Maryvale, Inc. (Owner of subject property) is hereby made a condition of this Annexation and such property shall be subj ect to said Agreement in accordance with the terms and provisions of said Annexation Agreement. Subsection E. That and the same is hereby annexed the corporate limits of said said property. the to Town hereinabove the Town of are hereby described property be Fraser, Colorado, and extended to encompass ~~~!!~~-~~--~~~!~~. WHEREAS, the property described above is by this Ordinance annexed to the Town of Fraser, Colorado; and WHEREAS, pursuant to ~31-12-115, necessary to zone said property; and C.R.S. as amended, it is WHEREAS, Owner has submitted an Application, with documents and other evidence, to zone said Property "PD Development District" as provided in Section 10 of Ordinance entitled "Planned Development District"; and supporting Planned No. 53. WHEREAS, the Fra se r P lann ing Commi ss ion has reviewe d s ai d application and submittals and has recommended that said Planned Development District be approved by this Board of Trustees; and WHEREAS, the Owner has not submitted an Application for a Final Development Plan for any part of said Property; and WHEREAS, the Board of Trustees hereby finds that the evi- dence is sufficient to show that the said Planned Development Plan is in the best interests of the Town of Fraser, will promote good design. enhancement of environmental amenities, increase efficiency of public and private services, insure integrated planning goals and objectives of the Master Plan and Comprehensive Plan while allowing greater flexibility and innovations in development and site designs than is typically possible under the conventional zone district regulations, and providing the Town of Fraser with assurances that the project will retain the character now envisioned; and WHEREAS, the Board of Tr-ustees hereby, finds ect, to the extent of the preliminary application submitted for Planned Development Approval only: that and the proj- documents (a) Constitutes a unique and truly innovative project which is represented by the developer to be constructed within a reasonable period of time in relation to the project's size and scope and which will be of economic benefit to the Town of Fraser. thereby qualifying the project under this and other criteria for review under P.D.D. regulations; (b) Provides for and improves existing commercial, residen- tial. industrial and education facilities within the community; (c) Ensures that the provisions of the zoning laws which direct the uniform treatment of dwelling type. bulk, density, and open space within other zoning districts will not be applied in a manner which would distort the objectives of the Fraser Zoning Ordinance; (d) Allows innovations in residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety and types, design and layout of buildings and the conservation and more efficient use of open space ancillary to said buildings; - 2 - (e) Allows private services development; an to efficient use of reflect changes in land the and of public technology of and land (f) Reduces energy consumption and demand; (g) Lessens the burden of traffic on streets and highways by encouraging land uses which decrease trip length and encourage the use of public transit; (h) Conserves the value of the land and preserves environ- mental quality; (i) Provides a technique of development which can relate the type, design and layout of residential, commercial and industrial development to the particular site, thereby encourag- ing preservation of the site's natural characteristics; (j) Encourages integrated community, planning and develop- ment in order to achieve the above purposes; and WHEREAS, the Board of Trustees hereby finds that the said proposed Planned Development District is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended; and WHEREAS, a public hearing was held of the Town of Fraser pursuant to Notice properly published, as required by Sections the Fraser Zoning Ordinance, Ordinance No. ~31-23-304, f~~~~~ as amended; and by the Board of Trustees of said public hearing, 1 and 2 of Article XI of 53, and as required by WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town of Fraser to zone this property as in this Ordinance provided. Subsection A. Pursuant to Sections 1 and 2 of Article XI of the Fraser Zoning Ordinance, Ordinance No. 53, the official zoning map of the Town of Fraser is hereby amended by zoning the following property Planned Development District No.1 (PDD Ill), in accordance with the Plan documents hereby approved and incorporated by reference, includ- ing the following: (1) P.D.D. Application, dated May 8, 1986, and as amended August 27, 1986; (2) Zoning Application from Richardson Nagy Martin, dated October, 1986; (3) Building Prototype Booklet, dated June, 1986; (4) Engineering Report from Wright Water Engineers, dated May, 1986 and revised September, 1986; (5) Planned Development Plan Map, dated October, 1986; (6) Annexation Agreement adopted by Ordinance No. ~~_~__' PARCEL I A tract of land located in the South 1/2 of the Southeast 1/4 of Section 20, Township 1 South, Range 75 West of the Sixth Principal Meridian in Grand County, Colorado, described as follows: Beginning at the Southeast corner of said Section 20; thence N 00038'00" W along the East line of said South 1/2 of the Southeast 1/4, 1321.34 feet to the Northeast corner thereof; thence S 89047'58" W along the North line of said South 1/2 of the Southeast 1/4, 2433.59 feet to a point on the Northerly line of a tract described in Book 332, Page 677; thence along said Northerly line on the following 17 courses: (1) (2) S 31030'00" E, S 78018'14" E, 138.14 feet 75.00 feet Rev 10/14/86 - 3 - (3) N 88059'26" E, 176.76 feet (4) N 75043'39" E, 85.06 feet (5 ) S 59010'03" E, 124.47 feet (6) S 39001'26" E, 111.30 feet (7) S 44041'16" E, 383.42 feet (8) S 66059'30" E, 348.11 feet (9) N 50049'27" E, 136.99 feet (10 ) N 71028'54" E, 83.82 feet (11 ) S 84030'59" E, 94.32 feet (12 ) S 60056'42" E, 222.49 feet (13 ) S 68027'49" E, 217.27 feet (14 ) S 52018'45" E, 130.58 feet (15 ) S 20024'11" E, 97.99 feet (16 ) S 33033'11" W, 123.12 feet (17) S 56026'49" E, 175.00 feet to the Northeasterly corner of said tract; thence S 63041'59" E, 429.39 feet to the Point of Beginning, containing 33.8632 acres there- in. All bearings in this description are based upon the East line of the Northeast 1/4 of Section 29, Township 1 South, Range 75 West of the Sixth Principal Meridian being: S 00030'00" E. READ, PASSED, AND ORDERED PUBLISHED THIS _{2~JCeJ_~__, 1986. ...... /5- DAY OF Votes in Favor: Votes Opposed: Abstained: 7 ==Q== __0__ TOWN OF FRASER ATTEST: RY~~_ ______________ , .. Jensen, Mayor Jb~~ V:lginia t~ __________ Winte;~own Clerk (S E A L) Published 1986. in the Winter Park Manifest the 1'-< 30 ---- day of J:j ~z;Li~~__ - 4 -