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Home My Public Portal AboutTBP 1996-02-28 ~ . POSTED FRIDAY~ FEB. 23rd~996 ~ TOWN OF FRASER "Icebox of the Nation" . P.O. Box 120/153 Fraser Avenue Fraser, COlorad~ 80442 (970) 7 .6-5491 FAX Line: (970) 7~6~5518 I: H TOWN lJOARD AGENDA SPECIAL MEETING FEBRUARY 28, 1996, 5:30 P.M. . i' .' 1. Roll Call ,or 2. Executive Session for th~ purpose of determining positions relative to matters ,that may be subject to ne,otiations. .. ': ji " J .' 4 ~ ~ II ii TOWN OF FRASERI! , "ICebox of the Nation" ' ;I P.O. Box 1201153 Frasertvenue Fraser, Colorad 80442 (970)' 7;6-5491 FAX Line; (970)7;i6-5518 ;, I' ii :1 Ii ,', CONFIDENTIAL MEMORANDlM I' 11 To: Mayor 1ia1ck~ Town ~d Mem~ and , PI . . o~ion:M:embers From: Chuck Reid " . ' c. ' Date: February 28, 1 ...i: Subject Mmyvale PDD nego~ations II At the, last Board meetitig you reque~ed that staff prepa,rethe following: . a listofoptio~ fOrd~14g with the existing Maryvale PDD (re: the annexation agreement) which exprre on October 15,1996; and ' . identify the "exposure~' 4at the existing plan presents for the Town (and should be considered as negotiation points with the developers). This pastMonday R()d, Catherine,~icky, and Imettodiscuss these two is~ues and this memo addresses the second issue. A separate memo from Rod. will address the first issue. jl On a macro level, staff believes that!:thea.nnexationagreement, if amended, shoUld be amended in such a way that keeps it short an~i simple -- not duplicating areas that are covered by other . regulatory documents, i.e. the section of the code that governs PDD or subdivision regulations. Additionally, \Ve need to hecautio~ about how hard we play ball with the developers: while they have agreed to submit a revise4i ppn, they have existing development rights that the, filing of an adequateFPDP would insure. I~inally,staffis assuming that the 130ard wi~ want a revised . zoning application submitted with ~erevised PDD and amended .annexation agreement. In nO particular order, staff believes i~atthe existing plan offers "exposure" in the following: ~ f · . l' ....." 1 Performance Zoning: the Town' s ~rformance zoning standards apply to only'the Business Zone district -not the PDD zone. '. e may want to consider amending this section of the zoning code to reflect that any commercial t-evelopment be governed by performance~oning standards, or we could negotiate that Maryvaleii scommercialdeyeloPtnent be governed by performance , 'I " ' I I" . zoning. Staffr~commendsthefirsttptfon." ! , " I , . . , II I Density: in the revisedPDD,amaXiimum number of dwelling units needs to btfestablished, and a build-out schedule needs tribe idettified that fits with infrastructure development. , ' ,l ' Wa~er: ~e Board needs t~ ~e~e~e if the master w~ter plan ,as prepared by McLaughlin Engmeers IS acceptable or, if It IS n1i ' what you don't like about the plan. il i: " II . J ~ ~ The weakest components and negotiation points of the water section are that . the Town does not have hands-on control of the water system's development. . its complexity lends itself to litigation due to alternative interpretations. . multiple service providers for Town residents allowed. . assuming the annexation of the additional 200 acre parcel, Maryvale's existing augmentation plan will need to be amended to cover the new property. Sewer: The Board needs to determine if the master sewer plan as prepared by McLaughlin Engineers is acceptable or, if it is not, what you don't like about the plan. The weakest components and negotiation points of the sewer section are that: . multiple service providers for Town residents are allowed. . Maryvale could create their own sanitation district or sanitation treatment. . Fraser does not provide sewer services, so the Town has little or no sanitary control. Drainage: A new drainage plan should be required with the revised PDD. We may want to tighten the drainage requirements as the existing requirements may not be adequate. Streets and Roads: A new traffic plan should be required with the revised PDD. The weakest components and/or negotiation points include that: . private roads are allowed . language relating to Fraser Valley Parkway construction needs to be updated. . cul-de-sac requirements need to be updated. . subdivision regulation road requirements and annexation agreement road requirements should be reviewed and the Town should make them consistent or work to negotiate the larger of the two. . initial subdivision approval should be contingent upon the preferred alignment for the Fraser Valley Parkway. l ~~ Juf i't1M4 . at what point should the Leland Creek underpass be required? V\.O{- ~ J i " " Mt e,.t... Public Dedications: Weak or negotiable items should include that: . with the annexation of the additional 200 acres, additional park dedications will be required. (The existing language is favorable to Fraser -- we may not want to push too hard here -- but an additional] 0 acres (5%) of parkland would be appreciated) . the linear park, St. Bernard's church, and Recreation District properties should be dedicated to the responsible party ASAP (without subdivision approval or subdivision exemption). . open space requirements for each new P A needs to be identified. Expiration: a five year expiration deadline (which is consistent with the PDD ordinance) should be sought. ýÿ ~ 1l ~ ~ CONFIDENTIAL MEMORANDUM TO: Fraser Town staff Fraser Board of Trustees Fraser Planning Commission FROM: Rod McGowan, Town Attorney DATE: February 28, 1996 SUBJECT: Maryvale Development Scenarios At Chuck's request, I am providing this Memorandum to address the basic development scenarios that could apply to the property that is included in the Maryvale PDD and the additional 200 acres the development company has acquired from the Denver Water Board. (1) Status Quo At present, development of the original Maryvale property, consisting of approximately 700 acres, is governed by the Planned Development District Plan (the "PDD Plan") approved by the Town when the property was annexed in 1986. That PDD Plan includes the Annexation Agreement entered into between the Town and Regis- Maryvale, Inc. , and several other documents that were submitted in connection with the PDD application. Three additional .. parcels, consisting of approximately 25 acres, were recently annexed to the Town and added to the approved PDD Plan in November, 1995. The PDD Plan governs develop~ent of the Maryvale property in a similar way that the zoning regulations govern in other zoning districts. The Plan specifies allowable development densities, required open space and land dedications, and contains detailed provisions concerning water, sewer and streets for the proposed development. The mere existence of the PDD Plan does not allow for actual development of the property. In order to proceed with such development on any portion of the property, the owner must first submit and obtain approval of a Final Development Plan, together with any necessary subdivision plats for that portion, and must comply with the applicable PDD and subdivision regulations relating to those approvals. In addition, building permits are required for any building construction, in accordance with the Town's building regulations. (2) Expiration of PDD Plan The PDD regulations require that a Final Planned Development Plan ("Final Plan") be filed with the Town Clerk and Planning Commission within 5 years following approval of the PDD Plan, which period may be extended an additional 5 years for good cause ýÿ ~ I ~ ~ February 28, 1996 Page 2 [Town Code fi 13-3-12 (b) (vi) (f)]. In the Annexation Agreement, the parties agreed that the developer would be allowed the full lO-year period to submit a Final Plan for the property or any portion thereof. That lO-year period will expire October 15, 1996, and to date, no Final Plan application has been submitted, although the developer has submitted subdivision proposals covering a portion of the property. If no Final Plan is filed within the time limit, the regulations state that the POD Plan becomes null and void. In that event, the DroDerty may be rezoned hy ~he Town, or if the developer wishes to revive the old plan or seek approval of a new one, it must follow the full submittal and review procedures provided in the regulations. (3) Annexation of 200 Acre Parcel. with Substantial Amendment of POD Plan Maryvale LLC has expressed its desire to annex the additional 200 acre parcel it acquired from the Denver Water Board, located south of the railroad right-of-way, and to incorporate that parcel into the POD Plan. It has also expressed a desire to substantially revise the layout of the golf course and other Planning Areas included in the approved POD Plan, and to change other provisions of the Plan. The Board of Trustees has ultimate authority to decide whether to accept any proposed annexation, and to determine the terms and conditions on which such an annexation will be allowed. Furthermore, the addition of the 200 acre parcel to the POD Plan, and the other modifications the developer proposes, would clearly constitute "substantial changes" in the Plan, requiring full review and public hearing under the POD regulations [Town Code fi l3-3-12 (b) (vii) (b)]. In the context of this review and the negotiations concerning annexation, the Town could ask the developer to agree to modify the Annexation Agreement or other provisions of the Plan to account for changes in circumstances that have occurred since the Plan went into effect or to address issues that now are deemed to be important to the Town and the. community. Bear in mind, however, the developer is not absolutely bound to agree to whatever modifications the Town may propose. If the developer believes that the revised terms and conditions requested by the Town are too onerous, for whatever reason, it might decide to withdraw its annexation proposal and abandon the proposed changes to the Plan, and elect to pursue development based on the existing Plan. It might also elect to pursue one of the alternative scenarios set forth below with respect to the 200 acre parcel. . ~ ~ ~ February 28, 1996 Page 3 (4) Annexation of 200 Acre Parcel. without Addition to PDD Plan It is possible, at least theoretically, that Maryvale LLC could propose to annex the additional 200 acre parcel to the Town and have the property zoned according to one or more of the basic , zoning districts, without making it a part of the PDD Plan. This ! would not appear to be.a practical approach, however, to I accomplishing the developer's objectives for the property. Likewise, the Town has discretion as to whether it would annex i without incorporating the property in the PDD Plan, and it might I decide not to allow the annexation on that basis. (5) No Annexation of 200 Acre Parcel and Proposal to Develop I Under County Requlations I It is also theoretically possible that the developer 'could I I forego annexing the 200 acre parcel to the Town, and attempt to develop it separately under Grand County land use regulations. i I Historically, the County Planning Commission and Board of Commissioners have discouraged development adjacent to municipal boundaries, without annexation to the affected municipality. Presumably, they would follow the same approach if MaryVale LLC tried to develop the' 200 acres without annexation. On the other hand, the County cannot flatly prohibit development, if the property owner meets the applicable regulations and does not require any purely discretionary approvals, such as zoning changes. As a practical matter, it does not appear feasible for Maryvale LLC to develop the 200 acres as currently proposed without annexation to the Town. For example, to irrigate the portion of the golf course proposed for the site and provide domestic water to the proposed residential development, the developer would probably have to utilize water from the approved augmentation plan and water supply system intended to serve the primary project within the Town. Such use could not occur under the existing Annexation Agreement without the Town's approval. H:\WP\FRASER\MARYVALE\MEM01.WPD