HomeMy Public PortalAboutOrdinance #155
.:..3..:~f.. ,,", ,OCT 2 1 1988
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'FRASER
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ORDINANCE NO. _.L~~______
(Regis-Maryva1e, Inc., Parce1 II)
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:
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Subsection A. That the owners of one hundred percent (100%)
of the hereinafter described property have fi1ed with the Board of
Trustees of the Town of Fraser, Co1orado, a Petition for Annexation of
said property to the Town of Fraser, Co1orado.
Subsection B. That the property to be annexed is described
as fo11ows, to-wit:
K~~~~~_~~
A tract of 1and being the South 1/2 of the Southwest 1/4 of Section
21, Township 1 South, Range 75 West of the Sixth Principa1 Meridian,
Grand County, Co1orado, described as fo11ows:
Beginning at the Southwest corner said Section 21; thence N
00038'00" W a10ng the West 1ine of said South 1/2 of the Southwest
1/4, 1321.34 feet to the Northwest corner of said South 1/2 of the
Southwest 1/4; thence N 89017' IS" E a10ng the North 1ine of said South
1/2 of the Southwest 1/4, 2636.17 feet to the Northeast corner of said
South 1/2 of the Southwest 1/4; thence S 00050' 18" E a10ng the East
1ine of said South 1/2 of the Southwest 1/4, 1321.69 feet to the South
1/4 corner of said Section 21; thence S 89017'43" W a10ng the South
1ine of said Southwest 1/4, 2640.89 feet to the Point of Beginning.
Containing 80.0469 acres therein. A11 bearings in this description
are based upon the East 1ine of the Northeast 1/4, Section 29, Town-
ship 1 South. Range 75 West of the Sixth Principa1 Meridian being: S
00030'00" E.
Subsection C. That the said property is e1igib1e for
annexation as provided in "the Municipa1 Annexation Act of 1965".
Subsection D. That the Annexation Agreement approved by
Ordinance No. _L~-3____, between the Town of Fraser and Regis-
Maryva1e, Inc. (Owner of subject property) is hereby made a condition
of this Annexation and such property sha11 be subject to said Agree-
ment in accordance with the terms and provisions of said Annexation
Agreement.
Subsection E. That the hereinabove described property be
and the same is hereby annexed to the Town of Fraser, Co1orado, and
the corporate 1imits of said Town are hereby extended to encompass
said property.
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WHEREAS, the property described above is by this Ordinance
annexed to the Town of Fraser, Co1orado; and
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W HER E AS. pur sua n t t 0 ~ 3 1 - 1 2 - 1 1 5. ~..:..B:..:..~..:.. a sam end e d . i t
necessary to zone said property; and
WHEREAS. Owner has submitted an Application. with supporting
documents and other evidence. to zone said Property "PD - Planned
Development District" as provided in Section 10 of Ordinance No. 53.
entitled "Planned Development District"; and
WHEREAS. the Fraser Planning Commission has reviewed said
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
!~~~! Development Plan for any part of said Property; and
WHEREAS. the Board of Trustees hereby finds that the evi-
dence is suffici~nt 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 Trustees hereby finds that the proj-
ect. to the extent of the preliminary application and documents
submitted for Planned Development Approval only:
(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;
(e) Allows an efficient use of land and of public and
private services to reflect changes in the technology of land
development;
(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;
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(j) Encourages integrated community planning and develop-
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 by the Board of Trustees
of the Town of Fraser pursuant to Notice 'of said public hearing,
properly publish~d, as required by Sections. 1 and 2 of Article XI of
the Fraser Zoning Ordinance, Ordinance No. 53, and as required by
~31-23-304, ~~~~~~ as amended; and
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 pfficial zoning map of
the Town of Fraser is hereby amended by zoning the following property
Planned De vel 0 p'm e n t District No. 1 (P D Dill) , 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 amended
August 27, 1986;
(2) Zoning Application 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. J~;}___.
K~~~!:!:_.!.!
A tract of land being the South 1/2 of the Southwest 1/4 of Section
21, Township 1 South, Range 75 West of the Sixth Principal Meridian,
Grand County, Colorado, described as follows:
Beginning at the Southwest corner of said Section 21; thence N
00038'00" W along the West line of said South 1/2 of the Southwest
1/4, 1321.34 feet to the Northwest corner of said South 1/2 of the
Southwest 1/4; thence N 89017'15" E along the North line of said South
1/2 of the Southwest 1/4, 2636.17 feet to the Northeast corner of said
South 1/2 of the Southwest 1/4; thence S 00050' 18" E along the East
line of said South 1/2 of the Southwest 1/4, 1321.69 feet to the South
1/4 corner of said Section 21; thence S 89017'43" W along the South
line of said Southwest 1/4, 2640.89 feet to the Point of Beginning.
Containing 80.0469 acres therein. All bearings in this description
are based upon the East line of the Northeast 1/4, Section 29, Town-
ship 1 South, Range 75 West of the Sixth Principal Meridian being: S
00030'00" E.
___Qc-7iiL~~~' 19~~~SED,
ORDERED PUBLISHED
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Votes in Favor:
Votes Opposed:
Abstained:
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Published in the ~~~~~E_K~E~_~~~~~~~~ the JV ~ ,~~_szp~~~_, 1986.
Rev 10/14/86 _ 3 _ ';<;)jt...~l'