Loading...
HomeMy Public PortalAboutOrdinance 382TOWN OF FRASER ORDINANCE NO. 382 Series 2011 AN ORDINANCE REZONING CERTAIN PROPERTY IN THE TOWN OF FRASER, COLORADO, OWNED BY GRAND PARK DEVELOPMENT, LLC; AMENDING THE OFFICIAL ZONING MAP; APPROVING A PLANNED DEVELOPMENT DISTRICT PLAN FOR SAID PROPERTY; DECLARING AN EMERGENCY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, Grand Park Development LLC, being the sole fee owner of the hereinafter described property, applied to the Town of Fraser for approval of a Planned Development District Plan "PDD Plan for said property and to rezone said property from "B- Business" to "PD- Planned Development AND WHEREAS, the application was duly referred to the Fraser Planning Commission which favorably recommended the PDD Plan and zoning amendment; AND WHEREAS, a public hearing on such application was held by the Board of Trustees of the Town of Fraser, Colorado, pursuant to notice of said public hearing properly published and mailed to surrounding property owners as required by the Municipal Code of the Town of Fraser and Sections 24 -67 -106 and 31 -23 -304, Colorado Revised Statutes, as amended; AND WHEREAS, the Board of Trustees hereby finds that the proposed PDD Plan for said property is consistent with the efficient development and preservation of the entire planned development, does not affect in a substantially adverse manner either the enjoyment of land abutting upon or across a street from the planned development or the public interest, and is not granted solely to confer a special benefit upon any person; AND WHEREAS, the Board of Trustees hereby further finds that the proposed PDD Plan is in the best interest of the Town of Fraser, will promote good design, enhancement of environmental amenities and increased efficiency of public and private services, will ensure integrated planning goals and objectives of the Master Plan or Comprehensive Plan while allowing greater flexibility and innovations in development and site designs than is typically possible under the conventional zone district regulations, and while providing the Town with assurances that the project will retain the character now envisioned; AND WHEREAS, the Board of Trustees hereby further finds that the proposed PDD Plan, while preliminary in nature: (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 projects' 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 the PDD regulations; (b) Provides for and improves existing commercial, residential, 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 and commercial 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 so that resulting economies may inure to the benefit of the community as a whole; (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 environmental quality; (i) Provides a technique of development which can relate the type, design and layout of residential and commercial development to the particular site, thereby encouraging preservation of the site's natural characteristics; (j) Encourages integrated community planning and development in order to achieve the above purposes; AND WHEREAS, the Board of Trustees hereby further finds that the proposed PDD Plan and rezoning of the property are in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, as amended; 2 AND WHEREAS, it appearing to the Board of Trustees that it would be in the best interests of the Town of Fraser to approve said PDD Plan and the rezoning of the property as in this Ordinance provided. THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: SECTION 1: Pursuant to The Code of the Town of Fraser, Colorado, the Board of Trustees hereby approves the rezoning request, and the following property located in the Town of Fraser, Colorado, shall be rezoned from "B Business" to "PD- Planned Development with the further designation as "PDD #2 in accordance with the provisions of the approved PDD Plan referred to in Section 3 of this Ordinance A parcel of land Tying In Section 28, Township 1 South, Range 75 West of the 6th P.M. being more particularly described as follows: Beginning at the Center 1/16 corner of the Southwest 1/4 of Section 28, Township 1 South, Range 75 West of the 6th P.M., whence the West Center 1/16 corner bears North 00° 03' 00" West, a distance of 1330.60 feet more or less. thence North 00° 03' 00" West, a distance of 609.17 feet along the North and South Center 1/16 line of the SWI /4 of Section 28, to the True Point of Beginning, and the Westerly R.O.W. of U.S. Highway No. 40. This point is a Brass Cap set by Town of Winter Park. thence South 18° 08' 45" East, a distance of 218.37 feet along the Westerly R.O.W. line of U.S. Highway 40. thence South 74° 10' 23" West, a distance of 188.84 feet. thence North 15° 49' 37" West, a distance of 217.81 feet. thence North 74° 03' 00" East, a distance of 180.05 feet to the True Point of Beginning. (the "PDD #2 Property SECTION 2: The official zoning map of the Town of Fraser shall be amended to incorporate the rezoning described in Section 1 hereof, and the Town Clerk is authorized and directed to note such amendment on the Town's official zoning map. SECTION 3: The PDD Plan for the PDD #2 Property, as reviewed by the Board and a copy of which has been authenticated with the signature of the Mayor and is on file with the Town Clerk, is hereby approved by the Board of Trustees and shall govern the use and development of the PDD #2 Property in conformance with the ordinances and regulations of the Town of Fraser. SECTION 4: DECLARATION OF EMERGENCY; EFFECTIVE DATE. The 3 Board finds and determines that this Ordinance is necessary to the immediate preservation of the public peace, health and safety, in order to permit the expeditious application of the Town's planning and zoning regulations. It is therefore declared that an emergency exists and that this Ordinance shall be in full force and effect immediately upon adoption. READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS 6 th day of JULY, 2011. Votes in favor: Votes opposed: Votes abstained: (SE Published: n SECTION 5: PUBLICATION. This Ordinance shall be published by title only. BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO BY: Fran Cook, Mayor Lu Berger, Town C :middle Park Times on July 14, 2011.