HomeMy Public PortalAboutOrdinance #179
TOWN OF FRASER
ORDINANCE NO. _ /1q_
AN ORDINANCE APPROVING THE SUBDIVISION EXEMPTION OF THE REGIS-MARYVAL~, INC.
SUBDIVISION EXEMPTION AS APPROVED BY THE PLANNING COMMISSION ON THE ~ DAY
O~' 1989,
WHERE^S, the Planning Commission has approved a Subdivision Exemption
for Regis-Maryvale, Inc. ("Applicant") subject to certain conditions; and
WHEREAS, the Board of Trustees of the Town of Fraser has reviewed the
Subdivision Exemption, and finds that it is in compliance with Article Two,
Section 2,2 of the Fraser Subdivision Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO AS FOLLOWS:
Section 1. The Board of Trustees of the Town of Fraser finds and determines that
the Regis-Maryvale, Inc. Subdivision Exemption is in compliance with Article Two,
Section 2.2 of the Fraser Subdivision Regulations and approves the Subdivision
Exemption subject to the following conditions:
a. Applicant, its successors and assigns, may build up to but not
in excess of 18,000 square feet of commercial square footage
(constituting part cf tte 430,000 square feet Applicant is
permitted to develop in Planning Area 14 under Applicant's
Planned Development District Plan and Annexation Agreement with
the Town of Fraser, dated October 15, 1986, hereinafter the
"Annexa tion Agreemen t " ) ;
b. Applicant, its successors and assigns, are not Obligated to
build any Recreational Facilities required to be built under
the Annexation Agreement on the exemption parcel. If Applicant
or its successor elects to build Recreational Facilities which
could be utilized to meet Applicant's obligation to develop
50,000 square feet of Recreational Facilities under the Annexa-
tion Agreement, the Recreational Facilities shall be credited
to the obligation under the Annexation Agreement;
c. Applicant and the Exemption parcel are exempted, released or
otherwise excused from compliance with Articles IV and V of
the Annexation Agreement. The sale, subdivision and development
of the exemption parcel shall not commence the tolling of any
timetable or trigger any obligation of Applicant under the
Annexation Agreement;
d. Applicant, its successors and assigns, shall not be required to pay
fees in excess of 2,47% of the total value of the Exemption parcel
for park dedication. Payment of such fees shall be required upon
further subdivision or at the time of issuance of a building permit
on subject property.
Section 2. The Mayor of the Town of Fraser and the Town Clerk are hereby
directed and authorized to execute this Ordinance and the Subdivision Exemption
Plat containing the conditions of approval.
DULY MOVE~
FRASER THIS <<2
SECONDED AND APPROVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
DAY OF~' 1989.
ýÿ
Votes in Favor:
Votes Opposed:
l\bstain:
ATTEST:
Publish in the WINTER PARK MANIFEST on
(Page 2 of 2)
TOWN OF FRASER
~
BY, _
C.B. Jens ,M or
, 1989.