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HomeMy Public PortalAboutOrdinance #155 .:..3..:~f.. ,,", ,OCT 2 1 1988 ;o,_~ 4 ~,Qj.~:;1.;~,~..~~;~:;~~t::;~:~L 'FRASER t.:Ou'.405 H=~ 81 J 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: ~~~~~~~-~~--~~~~~~~~~~. 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. ~~~~~~~-~~--~~~~~~. WHEREAS, the property described above is by this Ordinance annexed to the Town of Fraser, Co1orado; and ýÿ cou.'.405 fACe 8 12 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; - 2 - ýÿ t)ou~: 405 L~Si' a I 3 (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 _t.~-? Votes in Favor: Votes Opposed: Abstained: -; --0-- ==Q== ~ id.~ By~::N:~O:_::::::_________ - .~~ n::r:-~wn-cTerk ~_"'2_~_._'_~'dS;~aJy~~~~.;n.:.Ynr Published in the ~~~~~E_K~E~_~~~~~~~~ the JV ~ ,~~_szp~~~_, 1986. Rev 10/14/86 _ 3 _ ';<;)jt...~l'