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HomeMy Public PortalAboutTBP 1996-05-01 . . TOWNOFFRASER'I "Icebox of the Nation" ,:1 P.O. Box 120/153 Fraser~venue FraserJCol.orad~ 80442 (970) 7~6-5491 FAX Une: (970)7~6-5518 j! 11 'j! jl ~iTOWNBOARD A.GENDA 'j REGULAR MEETING 11 " '1 MAY 1, 1996, 7:30p.m. "';i I ., ~' 1. Roll call .j " 'I :1 I' 2. Approval of4/17/96 tfnutes , ' 'ji 3. Open Forum;! ., ii 4. Fraser Valley Parkwat discussion: Clark Branstetter il " 5. Chamber of Commerde Update: Catherine Ross . "1: j! 6. 8:00 p;m. Publi, c Hemw, ,I g to consider an annexation petition from Ron & Betsy Jones, Graham & Louise Powers, and the East Grand School District # 1. . . ':i if 7. Visitors' Center 501~<It-3 discussion :j, . 8. Paving Program DiscJssion I' :1 9. Appointment <>fScotti!Krob as Fraser's Municipal Judge Ii 10. Manager's Choice , ?t. U~()-t. i ifhtt~ ~ COIlJ1-l; ~J U"-'i ~{~j C("~"L . ::, ~,~~L'~ , 11. Board Member'sCho~ce Ii t MEETING SCHEDULE REMINDE, . " Mdy 8~.. ~w~uM ~1 ~~_ ift~~ , . . '. . . '.' il ....' . May 15th: TownBo,ardRegul,ar~,f . eeling May 22nd: Planning Commissio~ I, I 11 .: I: ~I ýÿ . .' . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120 /153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 Manager's Briefing: April 26, 1996 New Things Busy, busy, busy agenda for Wednesday night. With the exception of the Fraser Valley Parkway discussion and Chamber of Commerce update, each agenda item is accompanied by its own memorandum. Call if you need more details. . . On the Parkway, Clark Branstetter will be present to discuss their plans for the connection between CR 50 and CR 73. The Parkway is part of the Master Roadway Network Plan that was adopted by Grand County, and the towns of Fraser and Winter Park in 1987. The Master Plan is accompanied by an intergovernmental agreement that was also adopted in 1987. Copies of this lGA and the Master Plan will be available Wednesday night. Catherine Ross and I recently discussed the best way for the Chamber of Commerce to communicate with the Board. If you don't mind, we agreed that they can provide only one copy of their monthly report to the Town and that monthly reports would be consolidated to a single page update. Please let me know if this doesn't work for you. Fraser, the Town of Winter Park, the ski area, the Denver Water Board, and Maryvale had a good first meeting to discuss the possibilities of the Leland Creek underpass. We are scheduling a second meeting with the Southern Pacific Railroad and the Colorado Public Utility Commission and I would like to talk with the Board about Fraser's role in this venture. The groups that's interested in surveying Fraser residents about the Maryvale Meadow has agreed to work with the Board in the creation of a more comprehensive and unbiased survey instrument. However, since this was an unbudgeted project, I would like to talk with the Board about the detail to which you are looking for information and will bring a proposal to the Board Wednesday night. That's all for now. Have a grand weekend! .:. , .. . . TOWN BOARD APR1L 17, 1996 The regular meeting of the board was called to order by Mayor Johnston. Present were Swatzell, \Virsing, McInt}Te, Sanden;, Havens and Kit Klanckc. Also present were Reid, 'Vinter and Skelton. APPOINT.MENTS Havens made a motion to appoint Virginia Wmter Town Clerk for a 2 year term, 2nd Wirsing, earned. Swatzell moved to appoint Rod McGowan as the Town attorney for a 2 year term, motion 2nd by Klancke, canied. Swatzell moved to hire Stan Cazier to serve as the water Attorney for the Town, 2nd Havens, carried. Mayor Johnston announced that the Board would offer Scott Krob the position of Municipal Judge. ~1ARYV ALE PA 28 CONCEPTUAL PLAN Reid presented a conceptual plan for PA 28. The plan demonstrates potential housing placement as well as office/storage sites within the lower mixed use area and showing "iew conidors with regards to the concern from the cemetery. Proposed commercial shows 5000 sq. feet of foot print. As a conceptual plan it does not show parking, open space or any densities nor does it /IIhow use percentage onlo111tltions. After discussion on the concept, Wirsing moved to anow not more than 5000 sq. ft. footprint of commercial use with a height restriction in the conunercial of30', and the mixed use shall only be allowed on the lower level of the lot, all other requirements of the regs. to be complied with when platting, motion 2nd Havens, carried. RECOGNITION OF .MAyo.R JENSEN! MUNICIPAI.J .JUDGE PETERSEN TRUSTEE MARIANNE KLANCKE AND TRUSTEE ART OLSUN Mayor Johnston read proclamation's of appreciation to these individuals for there many years of service to the Town and presented them with the Hoy copper etching of the Indian and Eagle picture. Klancke was not able to attend tills meeting. OTHER BUSINESS Brief discussion with regards to possibly serving water to the Villau.e at Wmter Park. ... .. . . Cleanup days will be May 17th and 18th. More planning will be done. Reid stated that at the Mayor Managers meeting the Trails Network was discussed. Fraser Valley Parkway was discussed and Clark Branstetter, County Road Supervisor will be at the :May 1st meeting to talk about this further. ~ Visitor Center will be closed the last week of April and first week of May. Project report was handed out. Reid reviewed several different seminars the Board might be interested in attenditlg. Board mentions various projects that need to be worked on. Skelton announced that the Town had been awarded a $5000 grant for inventory of lIistorical building. Skelton also ad,Jised that the Business community was donating money for the purchase of additional banners. .. McIntyre stated for the record that she was not head of nor a member of the open space group and that she would like to survey the community regarding this issue of open space as she does not have a good feel what the Fraser residents want. Board would like to do this. ARBOR DAY PROCLAMATION MAY 24TH Havens moved to proclaim May 24, 1996 as ARBOR DAY for the year 1996, 2nd Swatzell, carried. Skelton has researched the tree damage that appears in the Ptg. area and is fairly certain that the salt and ~t{aglcloride that was put on the streets years ago has caused this damaged. No further business, meeting a4ioumed at 9:45 p.m. 'I I ýÿ . ~ ~ , . . . DEPARTMENT OF ROAD & BRIDGE CENTRAL MAINTENANCE FACILITY 467 E. TOPAZ · P.O. BOX 9, GRAN BY, COLORADO 80446 PHONE: 303-887-2123 DATE: May 1,1996 TO: Town of Fraser M.C. BRANSTETTER FROM: Road and Bridge Dept. M. C. Branstetter, Road Supt. RE: Fraser Valley Parkway (Grand County) The following are some pros and cons to our proposed alignments. These are all within our project corridor. Since this is preliminary to our application package, I'm sure there will be more thoughts as we go along with the process. Alternative No. 1 (black) Preferred Alternative Pros: 1. Makes the preferred connection, Point A to Point A. 2. Impacts less (if any) delineated high quality wetland. 3. Serves County Road 50 residents and proposed development best with convenient access to shopping and U.S. Highway 40. 4. Intersects County Roads 5, 50 and 73 at the best locations, as studied by at least two transportation plans for the Fraser River Valley. 5. Matches with an already approved and constructed portion of the Fraser Valley Parkway. 6. Provides adequate bypass when County Road 5 railroad crossing is blocked (which is frequently), not to mention emergency access. 7. 8. 1 ýÿ . I > .... . . . Cons: 1. Affects wetlands. 2. 3. Alternative No.2 (red) Past Preferred Alternative Pros: 1. Makes preferred connection Point A to Point A. 2. Serves County Road 50 residents and proposed development best with convenient access to shopping and U.S. Highway 40. 3. Intersects County Roads 5, 50 and 73 at the best locations as studied by at least two transportation plans for the Fraser River Valley. 4. Matches with an already approved and constructed portion of the Fraser Valley Parkway. 5. Provides adequate bypass when County Road 5 railroad crossing is blocked, plus unobstructed emergency vehicle access. 6. 7. Cons: 1. Affects wetlands. 2. Affects more high quality wetlands than Alternative No.1. 3. 4. 2 ýÿ . ' " . . . Alternative No.3 (blue) Pros: 1. Makes the connection with County Road 73 and Point A. 2. Less wetlands than past preferred Alternative NO.2. 3. Zero high quality wetlands affected. 4. 5. 6. Cons: 1. More wetland affected acreage than preferred Alternative No. 1 (black) 2. Much more needed "new" right of way than any alternatives. 3. Not as direct of a transportation link as Alternatives No. 1 or No. 2 for any residents. 4. Safety concern for two additional intersections. 5. Proximity to town and new library of much concern to Fraser Valley Planning Commission. 3. 4. Alternative No.4 (yellow) Pros: 1. Does connect County Roads 5, 50 and 73. . 2. Affects very little wetlands (not delineated) 3. 4. 5. 3 ýÿ . .. ~, ~ .. . . . Re: Fraser Valley Parkway (Grand County) The following is a comparison of the three proposed routes that affect the majority of .. the wetland as delineated. As you can see, our original preferred route affected the highest quality wetlands. Our om preferred route affects the highest quality wetlands, the least, hopefully. Also, our Alternative No. 1 (black) affects the least wetlands in total. These numbers are based on a minimum of sixty foot (60') right of way. WETLANDS AFFECTED @ 601 R.O.W. Alternative No. 1 lblack\ Lineal Feet Acres Low = 495' 0.68 Moderate = 630' 0.87 High = 0' 0.00 TOTAL 11251 1.55 Waters of the U.S. 20' Alternative No.2 Ired) Lineal Feet Acres Low = 460' 0.68 Moderate = 560' 0.77 High = 315' 0.43 TOTAL 13351 1.88 Waters of the U.S. 33' Alternative No.3 Ibluel Lineal Feet Acres Low = 415' 0.57 Moderate = 890' 1.23 High = 0' 0.00 TOTAL 13051 1.80 Waters of the U.S. 20' . ..a ' . .... . . . Cons: 1. Connection with County Road 73 not desirable, traffic destination alignment confused. 2. Narrow bridge intersection and very bad horizontal and vertical align- ment. 3. Abuts the front or back of three separate subdivisions. 4. Totally new right of way to acquire involving at the minimum of six different property owners. 5. Maior safety concern with the addition of four separate intersections. 6. . Total length of new lands disturbed, almost twice. 7. 8. 4 ýÿ l " . . TOWN OF FRASER "Icebox of the Nation" P.O. Box 120/153 Fraser Avenue Fraser, Colorado 80442 (970) 726-5491 FAX Line: (970) 726-5518 MEMORANDUM To: Mayor JOhnn a~ ~embers of the Town Board From: Chuck Reid . ),;.1.- Date: April 26, 199 .. Subject: Grand County Library District request for annexation On March 2, 1996, Fraser received an annexation petition for land totaling 6:77acres from Ron and Betsy Jones, Graham and Louise Powers, and the East Grand School District. As understood, the Jones' and Powers' intend to donate the tract of land for which they are requesting annexation to the Grand County Library District and the East Grand School District intends to donate a portion of the land for which they are requesting annexation to the Library District as well. If approved, the annexation will result in two new land parcels, one on which the new Library is anticipated to be built and the remaining School District parcel. The annexation petition was followed by a request to zone the parcels "R-4," the same zoning classification as adjacent properties. On March 20, 1996, the Fraser Town Board adopted Resolution 3-2-96, setting the public hearing to hear the request for annexation on May 1, 1996 at 8:00 p.m. The issues to be determined at the hearing are whether or not the area proposed to be annexed meets the applicable requirements ofe.R.S. 31-12-104 and 105 and is eligible for annexation; whether an election is re(luired; the property's zoning; and whether "additional terms and conditions" are to be imposed. The annexation petition Town staff has detennined the following: .' The request meets the spirit, intent, and form ofCRS 31-12-104 and 105, & specifically: 1. a minimum of 1/6 of the parcels requesting annexation are contiguous with Fraser's current Town boundaries 2. of the properties' owners have requested annexation, and 3. a "community of interest" exist between Fraser's current town boundaries and the parcels requesting annexation. . No election is required as the petition for annexation has been signed by 1 00% of all applicable property owners. . All other applicable section of the Colorado Revised Statutes regarding a request for . annexation have been met. . The Town has waived all applicable fees relating to annexation requests. ýÿ J. . . . Page Two Grand County Library District request for annexation The Zoning Request Town staff has determined that the request for R-4 zoning meets the spirit and intent of Fraser's Master Plan, Municipal Code, and is compatible with adjacent property zones. Other Issues If the Board chooses to place additional terms and conditions upon the annexation, an election to annex the property must be held. As such, we are attempting to "iron-out" some details regarding the annexation prior to adopting the annexation Ordinance. These details constitute an annexation agreement which would accompany the annexation ordinance. The details in the annexation agreement are all items that have been discussed between the Town and Library District Staff proposes that the annexation agreement include the following: . a statement the Town is under no obligation to provide infrastructure for the development of this parcel; . the Library District will increase the width of the private drive easement prior to obtaining a building permit; , . statements from Ron and Betsy Jones, Graham and Louise Powers, and the East Grand School District relating to their intention to donate the appropriate parcels or copies of the quick claim or warranty deeds that have transferred the property to the Library District; and . copies of any agreements related to the donation of the property between Ron and Betsy Jones, Graham and Louise Powers, the East Grand School District and the Grand County Library District. Attached to this memo are several documents, the annexation petition and zoning request, a draft of the annexation ordinance (the final copy will be handed-out Wednesday night), a draft of the proposed annexation agreement, and a script to follow for the annexation proceedings (in the form of minutes). If you choose to annex the property, and due to the lateness of addressing an annexation agreement, we may want to postpone the adoption of the Ordinance until the agreement is signed by all parties. Please call with questions, or I will be available Wednesday before the meeting. . . ýÿ J . . .. STERN & NEWTON, ~C. ATTORNEYS A T LAW RONALD S. STERN (970) 887-2163 RICHARD E. NEWTON P.O. BOX 50 . GRANBY, COLORADO 80446 FAX (970) 887-3986 COMPUSERVE 76300,3665 March 7, 1996 Town of Fraser Attention: Board Members POBox Fraser CO 80442 Re: Grand County Library District Our IDe 392-723 Dear Town Board Members: On behalf of the applicants, Ron and Betsy Jones, Graham and Louise Powers and the East Grand School District, I would like to request that tlle property which is subject to the amlexation Petition. accepted pursuant to Resolution No. 3-1-96 be zoned R-4 upon annexation to the Town. It is my understanding that the use of the property as a public library and associated facilities is in conformance with the R-4 zone. Sincerely, STE~EWTON' P.C. BY: <.~ ~ RICHARD E. NEWTON Attorney at Law Icc cc: Ron & Betsy Jones Graham & Louise Powers Grand County Library District Rod McGowan . . PETITION FOR ANNEXATION TO THE TOWN OF FRASER, COLORADO THE UNDERSIGNED, Ron and Betsy Jones and Graham and Louise Powers, and the East Grand County School District No.2, ("Landowner"), as defined in c.R.S. ~ 31-12-103(6), hereby Petition the Town of Fraser for annexation for the following described property and further state: 1. The legal description of the land owned by Landowner which Landowner requests to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as tIle "Property." 2. It is desirable and necessary that the Property be annexed to the Town of Fraser. 3. The following requirements of C.R.S. ~ 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the Town of Fraser. b. A community of interest exists between the Property and the Town of Fraser. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the Town of Fraser. 4. None of the limitations provided in C.R.S. ~ 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership; b. The Property is valued at less tIlan $200,000.00 for ad valorem tax purposes; c. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality; d. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; e. No platted street or alley is to be annexed; f. The annexation shall not deny reasonable access to anyone. 5. This annexation shall not have tlle effect of extending a boundary of tIle Town of Fraser more than three miles in any direction from any point of tlle municipal boundary in tIle past 12 months. 6. The Landowners and signatory parties of this Petition comprise 100% of the Property, exclusive of streets and alleys. I I ýÿ . . 7. The Landowner requests that the Town of Fraser approve the annexation of the area proposed to be annexed. 8. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. This Petitio~ for annexation has been signed this ~ day of IY~ c L-- , 1996. ,.' ) , ..-" -----} / .. ~.~. .. ..// ..- {/11'11 ....... / .~"';.-. ---;tI-"".."j'''').",- /' ~ )51~ -" ..' -"..Y- ..,......~ . ..-,'.,," ,." ...... ,_,,____. _____ RON JO~ES ,,/" . ,,/ BETSY JONES J' _p""'-- Mailing Address: ;?D, r:~t '()-6?/ tu'P ~() 'iUtl'12- t f / , ') I I. I -. ~. }< G~~OWE~": ,,1/', .L LO I'S~-~~~E~S ~., :\(J)("_P~::) .. I' )~' ,/>') , ,,'.",1' 's-.'''' (/1'./') Mailing Address: (.~) t Y v d / ~ '-' '-J (, ~ _ : (, i ,'L ?' l - .~ This Petition for annexation has been signed this _ day of , 1996. EAST GRAND SCHOOL DISTRICT NO.2 B~A ~ ~" President Attest: , \ ( 'I ,.~..._-, '.' ,,,., ..,i~ ,~- ~ Secretary Mailing Address: ~ \ 25 ~"".....Jd C~ j'l) l( \.{ "- Exhibits: ".N' - Legal Description STATE OF COLORADO : : ss: COUNTY OF GRAND : ACKNOWLEDGED before me this l day of ~(Lt (". f, ' 1996, hy Ron J ones and Betsy Jones. WITNESS my hand and officr1 seal. My Commission Expires: ?e pJ \ \ 0 t\'7 (SEAL) , ~~ j CAH Notary hUe ýÿ . . . STATE OF COLORADO : : ss: COUNTY OF GRAND : ACKNOWLEDGED before me this / day of f)1 c-.e,.f__ ,1996, by Grab :Q , d Louise Powers. ~y P/j'l . ~~ 'iTN~4II. and ~d official '0 C L?- . ~ ~ M~~~Sl ,. Expm:s: I! _ ~ ,~U!["FQ J Lr:y ~1 IIYY1 ~~\ ....e .l~-~:-~~,./ . ,..rl'" ",~,.,,:-~/.' Notary Public . (oe!!. .e.t '''',. .,. (2fu;~",.~ ".'l_...~;' 1 " _" <. -,........"'.~'. ,..~ ~..', . - ,.:.." STATE OF COLORADO : : ss: : day of March ,1996, by I~~ry of the East ESS my hand and official seal. I . ssion Expires: 6/14/98 / ," . . ~ ,,/ " ".. ( ... .., ....(N'o~~"'li~/ ",(/ ~ /k."II-~/) /. ../~ /' /' COLORADO : 1/1 : ss: 1/ COUNTY OF GRAND . . A I,' t. ! Acknowledged before me this I : ~ I, day of , 1996, by f I l _~ Jan Roman as Secretary of the East Grand School District No.2. WITNESS my hand and official seal. My CQ~!~sion Expires: L~"~ . ).:;:: /,' 'j ...,0.....;-....~.,-....,~ "\ "", ~Ir .~ 1{1_'l/' 'x'-" r j Of ,," ( SEAUt'- <::,.:,...-~.;! (" l , : ) ,', , I .. .,,( ,.,'.,'.... '"', \ ,\..I_t .' "'1_,-,,- 1/ ll,.J . ( t \ ,',I r " \i' 0, \ Notary Public .......tf II \. '.,'.1 A\\ '" ..; , \~.. \ /, f c..t\"" l' 'i\ g ,I ~ - \.\'<- .".. \ ~ .....' '}". :C.U'fJ . 1 ~~. ~ \1.-' .. ~. ", ,. :r:~0- ;\,,' /~::,,-} ..".....",..... ',J././ . ,;~ i,~C'r~;t>~,n ~~ .~,'~:~:~;~~. ýÿ , . . . . . . . FRa1 : AOCev l"lCltlmm Q8'1l..N-sl.RUe'fS ~E ~IC. : '110 ;';:4 :::g~ ..... ::! :?S'6 :1'3:~ ~ . . . '. .. - EXHIBIT Al -~ ROca !lDVN'rJUlf !lfGDfBDS, Ine. l'1UlSD r.:IDARY PARCEL 'r.RAc:.: 1. 711:7-1. LEGAL DESc:RXP'nOH OF A. DAa OF r.;um moWN AS mASER r.DnUUlY J!lA1lC!:r. DAC 1., BEING A. PORr%OH or 1!BA'1' LaND COHV'En:D :or <nuum C:OU1l':% RECORDS III BOOK 195 ~ PAGZ 708, BB:mG A POKnOH OF 'rHP.: SW1./4NB1./4 or szc::J:OH 19, '1'1.S, K79 or 'l".IlB 6TK ~ .JI., aAlID CCtlN'r.!, COLORADO, JUID ma::m:; lIDU P.AlC::t~y DBSC1U'BBD AS !'O%.t.C1IS: a.,imU.z1q a,1: the C:-M' 1/1.6 ~ o~ saicl Sec:t::.an 13 bei%1q a, I , 3/4- :ahar n1:h a 1-1./2" aJ.Ullinua t:a1' II1:aDpc 1'.L.3. :5971- . 'J;II.Ilil'I~ lfoz:1:h 00 ~4_ 1.7 1Iimlt:.- 10 --=ncls West !ar a d:1s1:anca Q~ 297..!!I !8tI1: aJ.onq t:h. 1I'-S c:am:erJ.ine Q~ said Sect:ian 19 1:0 1& ba<<t: spika; 'f!ImIC::!: $budl 39 <!8qxa..s 35 lIim11:8s 03 sec:cncls Easl: !ar a <ti.scanca a~ 1.06.72 raet: 1:a a 1./:" r8bar vi1:11 a, p.las'tic: eat' s....~ , P.L.S. lllU be;inq 't:ha 1foJ:1:hveII1: c:m:n.r ~ the l!X1:eriar a:f syers , " ~ S1JbItj, v1s:1an rac:o:r:t18d in GraJId. O:nmty a.cards al: Rac:eptian llo. 93986. DZHCZ S01I1::2S 00 ~~ 11. mimzt:_ 10 MCcncls Ease :ar a dist::mca Q~ 296..!!I !8tI1: aJ.cnq tha ',,1181: Una a:f said 3yers '7is1:a SQ.bd:J.vi.s:1oll 1:a a 3/4" r1Ib8r v:11:11 2" Ul_iftl"" C3l.' ~ed ::r.L.S. U4:LS, 'mBR'C!: Soutb. 89 cSlIqrISBS 52 ~ut:a& 25 saccnds Weal: ~or a <Uscanc:a Q~ 1.03..u' f_1: to TBP: PODf'l' or llEGJJIlr.ClG. 'roq'e1:1:lm: vit::1 UJd.. sub'jec:1: t:c <:a'YlIU1ants, easemen1:3 , and. 1:'l!St::.icd.cms Q~ raccrd. Said. ~ c:ant:a.in8 O. 72 acre. :DOra or 1_11. ~~ l"<_TS-'''~ ... ~~ .~~, · ~tI4~ I;;::;' 141 :'!l ~~, ,., .:e~ '" ~ ..~ _J I'" c(lit:;!:: f!! ~o~II:.. !ow """l ..~ "!"1 ....:.,~7,..-.. .....~'.s:. ..::.') , . ..,;,.?~~\\ ~..~~{." Roe~ ~~.Ln !nq1n..r.. tnc. (970) 724-"500 L14 :r. JJ:<1 :1t:. 30x i45 ~.Lnq, CC 30459 ,JODI 711;!7-L r~., !:,d..k\78~7-L:~.~~ " ~ . . . . ,. EXHIBIT A2 I , A part of the NW V4 NE V4 of Section 19, Township 1 South, Range 75 West of the 6th P.M.. described as follows: Beginning at a point on the West line of said NW V4 NE V4 whence the N V4 comer of said section bears N_Oo 14'-W 1,027.92 feet, and which point is on the Westerly extension of the North subdivision botmdary of Byers Vista; thence S-89036'-E. along said North subdivision boundary and its Westerly extension, 572.2 feet to a point on the West line of Block 9, First Addition to the Town of Eastom; thence N-00002'-W, along said West line and the Northerly e.'ttension thereof, 215.0 feet to a point on the North right-of-way line of Park Avenue; thence Easterly along the North right-of-way line of Park Avenue, 327.59 feet to a point on the Westerly right-of-way line of the Denver and Rio Grande Western Railroad; thence Northwesterly along said railroad right-of- way line. 287.2 feet, more or less, to a point on the Southeasterly bank of Saint Louis Creek; thence Southwesterly along the South bank of Saint Louis Creek to the North and South centerline of Section 19 as follows: N-84028'-W a distance of 81.98 feet. S-89011'-W a distance of 188.98 feet, S-56058'-Wa distance of 293.04 feet, S-16008'-W a distance if 77.73 feet, S-58004'-W a distance of 125.56 feet, N-77044'-W a distance of 164.95 feet to the North and South centerline of Section 19; thence s-oo 14'-E a distance of 241.10 feet, more or less, to the point of beginning. More particularly described on that Deed recorded December 28, 1976 in Book 232 at Page 328, Grand County. Colorado recordS. . ' . . . AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO : : ss: COUNTY OF GRAND : Richard E. Newton, being first duly sworn states as follows: 1. I have circulated the Petition for Armexation to the Town of Fraser set forth herein, and Ron Jones and Betsy Jones and Graham Powers and Louise Powers and the East Grand County School District No. 2 are the sole owners of the Property to be annexed exclusive of streets and alleys. 2. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. 3. The signature on the foregoing Petition was affixed in my presence and that signature is a true, genuine and correct signature of the person it purports to be. 4. To the best of my knowledge and beUef, the person whose name is affixed to the foregoing Petition is authorized to sign such do nton alf of Petitioners. SUBSCRIBED AND SWORN to before me on March 5, 1996, by Richard E. Newton. WITNESS my hand and official seal. 'l My Commission Expires: June 14, 1998 / " / ", j' 1 <- [ , -' .'-7Jl..tz"-m./)_ 7/,{r: /~ Public // V' ýÿ · l;UAND. · [~r()UNTY DEPARTMENT OF PLANNING AND ZONING COURT HOUSE, HOT SULPHUR SPRINGS, COLORADO 80451 PHONE: (303) 725-3347 EXT. 239 CERTIFICA TE OF RECOMMENDATION TOI GRAND COUNTY PLANNING COMMISSION FROM. Department of Planning and Zoning DATE. March 13. 1996 RE: Grand County Library Outright Exemption APPLICANT. Grand County Library District. represented by Mr. Richard E. Newton. Attorney at Law LOCATION: A portion of the NW 1/4 NE 1/4 of Section 19. Township 1 South. Range 75 West of the 6th P.M.. Grand County, Colorado. ZONING. Residential 8APPLICABLE Grand County Subdivision Exemption Regulations, C.R.S. 38-51-102. SECTION OF Grand County Zoning Regulations, and Fraser Valley Comprehensive Land CODEI Use Plan EXHIBITS. Letter of Application with Exhibits '''A thru H', and Outright Exemption Plat STAFF CONTACT: William E. Gray REQUEST: Applicant is requesting of an outright exemption that would combine a .72 acre Tract 1 and a .58 acre Tract 2 to create a building site for the new Fraser Branch of the Grand County Library. ýÿ . . . 0 Certificate of Recommendation 2 Grand County Library Outright Exemption March 13, 1996 DISCUSSION. Grand County Library District is proposing an outright exemption for two (2) small tracts of property that are adjacent to the eastern town limit line of the Town of Fraser. Tract I. a .58 acre parcel, of the outright exemption proposal is a portion of property that belongs to Ron and Betsy Jones, and Graham and Louise Powers. Tract 2 of this outright exemption. a .72 acre parcel. belongs to East Grand School District No.2. Both sets of property owners have authorized the Grand County Library District to make this application of their behalf. Subsequent to severing these two (2) tracts from their original property owners land, applicant will have Tract 1 and Tract 2 forever combined, and restricted from ever being conveyed, sold, or . deeded separately. It is the overall intent of this outright exemption to establish a single site for the construction of the new Fraser Branch of the Grand County Library. Moreover, due to existing topography the most appropriate building site for the library is located over the common boundary of Tract 1 and Tract 2. Upon approval of this outright exemption the Grand County Library District will apply for annexation of combined Tract 1 and 2 into the Town of Fraser. Finally. access to this outright exemption tract is via Norgren Street, in the Town of Fraser, then across a 30 feet right-of-way easement on a part of the southern boundary of the School District Parcel. COMPLIANCEINONCOMPLIANCE WITH GRAND COUNTY ZONING REGULA nONS The two (2) tracts associated with this outright exemption are zoned Residential by Grand County. The minimum lot size on unsubdivided land in a Residential Zone District is two (2) acres. Each of the two (2) tracts described do not meet minimum lot size requirements for the Residential Zone District. Even the combination of Tract 1 and Tract 2 does not meet minimum lot size requirements. Due to the noncompliance of Tract 1 and Tract 2 with Zoning Regulations and staffs knowledge of this outright exemption potentially being annexed into the Town of Fraser the following procedures are being offered to the applicant in order to gain approval of this request. The applicant can either apply for a variance to the minimum lot area with the Board of Adjustment or provide written verification from authorized representatives of the Town of Fraser guaranteeing the annexation upon approval of this outright exemption. . . c Certificate of Recommendation 3 Grand County Library Outright Exemption March 13, 1996 COMPLIANCEINONCOMPLIANCE WITH FRASER VALLEY COMPREHENSWE LAND USE PLAN This proposed outright exemption does lie within the Fraser Valley Comprehensive Land Use Plan. The site is located in an area designated as highly suitable for development and is within a designated Citizen Produced Growth Area. Staff feels that this outright exemption proposal does comply with the Fraser Valley Comprehensive Land Use Plan. COMPLIANCEINONCOMPLIANCE WITH OUTRIGHT EXEMPTION REOUIREMENTS Outright exemptions are allowed in the Grand County Subdivision Exemption Regulations under Section 1.4 Jurisdiction, item 3(a) through (d), which reads as follows: 3. Division of a parcel of land when the Board of County Commissioners detennines that such division may be pennitted without complying with either Grand County Subdivision Regulations or Grand County Subdivision Exemption Regulations. When not contrary to the best interests of present and future inhabitants of Grand County, and when the method of disposition is not adopted for the purpose of evading these regulations, the Board of County Commissioners may grant an outright exemption with regard to any land division: a. Which involves adjustment of a tract boundary to resolve a tract boundiry dispute, when substantial evidence indicating the existence of a bona fide dispute is presented. b. Which involves adjustment of a tract boundary to eliminate an existing encroachment of a substantial structure upon the property of another. c. Which involves acquisition of access from one parcel of property through another. d. Which involves other unusual circumstances which are deemed by the Board of County Commissioners to justifY such a grant. Staff considers the Grand County Library Outright Exemption to be justified as an outright exemption under item (d). Outright Exemptions are reviewed under the requirements ofC.R.S. 38-51-102, Land Survey Plats. ýÿ . . . . Certificate of Recommendation 4 Grand County Library Outright Exemption March 13, 1996 COMPLIANCEINONCOMPLIANCE WITH C.R.S. 38-151-102. LAND SURVEY PLATS a. A scale drawing of the property being exempted has been provided. The scale of the drawing is one inch equals 50 feet (I" = 501). b. A 30 feet recorded right-of-way easement is identified on the plat. Also, the existing roadways of Norgren Street, which provides the main access for the new Fraser Branch of the Grand County Library is shown. c. All dimensions to identifY boundaries in the field have been identified. d. A surveyor's, certificate has not been provided on the plat stating that the survey was perfonned by a licensed surveyor or under the direction of a licensed surveyor. e. A statement regarding how bearings were determined has been provided. f A description of all monuments. both found and set, which mark the boundaries of the property, and a description of all control monuments used in conducting the survey have been identified. g. A bar-type scale has been included on the final plat. h. A North arrow has been shown. i. The title of the proposal is Grand County Library Outright Exemption with a correct description of the property being provided. J. No surveyor seal or signature accompanies the final plat. It is required that both signature and seal are on the final plat Mylar of Grand County Library Outright Exemption. STAFF COMMENTS As mentioned prior, the two (2) outright exemption tracts do not meet the minimum two (2) acre lot area required within a Residential Zone District. Moreover, this outright exemption is potentially an annexation to the Town of Fraser. Since, application for annexation is proposed to occur upon Grand County's approval of this exemption, the following two (2) options are being made available regarding the granting of the exemption. First, that Grand County Library District applies and receives a variance to the minimum lot area from the Board of Adjustment. Or second, that the Library District provides Grand County a guarantee that the Town of Fraser will . . . . . Certificate of Recommendation 5 Grand County Library Outright Exemption March 13, 1996 grant the forthcoming annexation. One of the two prior scenarios must be accomplished by the applicant before scheduling a meeting with the Board of County Commissioners. Staff spoke with Mr. Rich Newton regarding this matter on Wednesday, March 6, 1996, and Mr. Newton is supplying staffwith a signed copy of the petition for annexation from the Town of Fraser that approves the annexation. In staff s opinion, this provides sufficient evidence that the annexation will occur, therefore the variance on the two (2) tracts is not necessary. Applicant has met the above mentioned condition. An up-to-date title commitment has been provided and it must be noted on the final plat. The commitment shows that title to the land associated with this exemption is vested in Ron Jones, Betsy Jones, Graham Powers. Louise Powers, and East Grand School District No.2. Staffis uncertain if this property is going to be transferred to the Grand County Library District when the two (2) exemption tracts are combined. If this does not occur before recording of the plat, then all property owners must join the dedication statement. Additionally, a tax certificate from the Grand County Treasurer showing 1995 taxes paid in full must be provided to staffbefore recording the Grand County Library Outright Exemption. Finally. a quit claim deed is required from applicant that forever combines the two (2) outright exemption tracts. STAFF RECOMMENDA nON Staff recommends approval of the Grand County Library Outright Exemption with the following conditions to be met prior to scheduling review of the final plat before the Board of County Commissioners I 1. That the Grand County Library District submits a signed and executed annexation petition from the Town of Fraser. 2. That a dedication statement is added to the final plat. The dedication needs signature lines for Ron Jones, Betsy Jones, Graham Powers, Louise Powers, East Grand School District No.2, and Grand County Library District. 3. That Warranty Deeds are submitted from Jones and Powers, and East Grand School District transfening the two (2) outright exemption tracts to Grand County Library District. ýÿ . . . . Certificate of Recommendation 6 Grand County Library Outright Exemption March 13, 1996 4. That a Quit Claim Deed is submitted from Grand County Library District to Grand County Library District that forever combines Tract 1 and Tract, and states that these tracts are forever combined and may never be conveyed. sold, or deeded separately. 5. That a Commissioner's and Surveyor's Certificate are added to the final plat. 6. That the title commitment is referenced on the face of the plat by issuer. date of issuance, and policy number. 7. That a correct, executed final plat Mylar, with supporting documents. and recording fees is submitted. ýÿ C I . . MINUTES OF A REGULAR MEETING OF THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO The Board of Trustees of the Town of Fraser, State of Colorado, met at the Town Hall in Fraser, Colorado, the present meeting place of said Board, in regular session, at the hour of 8:00 o'clock p.m., on the 1st day of May, 1996. The meeting was called to order by the Mayor, and upon roll call the following were found to be present, constituting a quorum: Present: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing Trustee Rebecca Swatzell Trustee Liz McIntyre Trustee Cheri Sanders Trustee Kit Klancke Absent: There were also present: Town Manager, Chuck Reid; Town Planner, Catherine Skelton; Town Clerk, Virginia Winter; and Town Attorney, Rod McGowan. OTHER BUSINESS The next item of business on the agenda was a Petition for Annexation ~ubmitted by Ron and Betsy Jones, Graham and Louise Powers, and the East Grand School District No. 2, regarding certain property adjacent to the Town boundaries and the proposed zoning of such property. Mayor Johnston then called to order the public hearing on the matter. It was duly noted that a Notice of Public Hearing had been published as required by law and proof of publication of such Notice had been received from the Winter Park Manifest. Additionally, it was noted that the Town Clerk had complied with the provisions of C.R.S. 31-12-108 and notified the County Commissioners, the county Attorney, school district and special districts as required by law of the hearing on this annexation. Attorney McGowan indicated that the total annexation area was less than 10 acres, which would not require that an annexation impact report be prepared. Mr. McGowan advised that he had examined the Petition and had found it to be in substantial compliance with the applicable provisions of Title 31, Article 12, Section 107, Subsection 1, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965. Mr. C:\WP\FRASER\ANNEX\L IB-MIN.WPD j .. . McGowan further advised that the Petition was signed by the owners of one hundred percent (100%) of the property proposed to be annexed, exclusive of streets and alleys; and as a result, the Board could annex the property by Ordinance. The Board was further advised that if it wished, it could proceed with the annexation since a quorum was in attendance. The following Exhibits were presented to the Board for its consideration in the annexation and zoning of the subject property: Exhibit A - Petition for Annexation Exhibit B - Annexation Map Exhibit C - Resolution No. 3-1-96 of the Board of Trustees, setting this matter for public hearing Exhibit D - Notice of Public Hearing regarding annexation and zoning of subject property Exhibit E - Publisher's Affidavit of publication of the Notice of Public Hearing Exhibit F - Certificate of Mailing of Notice of Public Hearing to property owners within 200 feet of the boundaries of the subject property. Exhibit G - Certificate of Mailing of Notice of Public Hearing to government offices, pursuant to C.R.S. 31-12-108. Trustee moved that the above described Exhibits be admitted as evidence in connection with the proposed annexation and zoning of the subject property. Trustee seconded the motion. The question being upon the passage of said motion, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing Trustee Rebecca Swatzell Trustee Liz McIntyre Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: None Those absent: - 2 - ýÿ , ,. . There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. The Board then heard evidence in the nature of testimony from Town staff, the Applicant and the general public. The Board discussed and considered the evidence, including the Exhibits described above. Trustee moved that the following resolution be passed: RESOLVED, that the Board of Trustees finds and determines as follows: (1) That the petition for Annexation, a copy of which is attached hereto, identified as Exhibit "All, which by this reference is made a part hereof, is substantially in compliance with Title 31, Article 12, Section 107, Subsection I, of the Colorado Revised Statutes, as amended, and with the Municipal Annexation Act of 1965; (2) That it is desirable and necessary that the territory set forth in such petition be annexed to the Town of Fraser; (3) That not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the Town of Fraser; (4) That a community of interest exists between the territory proposed to be annexed and the Town of Fraser; (5) That the territory to be annexed is urban or will be urbanized in the near future; (6) That the territory proposed to be annexed is integrated or is capable of being integrated with the Town of Fraser; (7) That the requirements of Sections 31-12-104 and 31-12-105, Colorado Revised Statutes, as amended, exist or are met; (8) That no additional terms and conditions are to be imposed upon the area proposed to be annexed, other than those terms and conditions agreed to by the petitioning landowner and the Board of Trustees; and - 3 - ýÿ . . . . (9) That no annexation election is required under Section 31-12-107(2), Colorado Revised Statutes, as amended. Trustee seconded the motion. The question being upon the passage and adoption of said resolution, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing Trustee Rebecca Swatzell Trustee Liz McIntyre Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: None Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the resolution passed. Mayor Johnston thereupon introduced an Ordinance, entitled: AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO; ZONING SUCH ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. Mayor Johnston stated that said Ordinance had been drafted by the Town Attorney pursuant to authorization previously given by the Board. The title of said Ordinance was read, and the Ordinance is as follows: See attached Exhibit " " which is a complete, true and -' correct copy of said Ordinance, and which by this reference is made a part hereof. .It was then moved by Trustee and seconded by Trustee that all rules of this Board which might prevent, unless suspended, the final passage and adoption of this Ordinance at this meeting be, and the same hereby are, suspended for the purpose of permitting the final passage and adoption of said Ordinance at this meeting. The question being upon the adoption of said Ordinance and suspension of the rules, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing - 4 - . . . . Trustee Rebecca Swatzell Trustee Liz McIntyre Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: None Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared said motion carried and the rules suspended. Trustee then moved that said Ordinance be passed and adopted as read. Trustee seconded the motion. The question being upon the passage and adoption of said Ordinance, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing Trustee Rebecca Swatzell Trustee Liz McIntyre Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: None Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and the property described in said Ordinance annexed to the Town of Fraser, Colorado, and zoned as provided therein. Trustee then moved that said Ordinance be published in the Winter Park Manifest, the same being a newspaper of general circulation in the Town of Fraser, said publication to appear as soon as possible in said newspaper. Trustee seconded the motion. The question being upon the passage and adoption of said motion, and the publication of said Ordinance, the roll was called with the following result: Those voting Aye: Mayor Jeff Johnston Trustee Nathaniel Havens Trustee Robin Wirsing - 5 - ýÿ . , " . . Trustee Rebecca Swatzell T~ustee Liz McIntyre Trustee Cheri Sanders Trustee Kit Klancke Those voting Nay: None Those absent: There being a quorum of the Board of Trustees present, and all those present having voted in favor of said motion, the presiding officer declared the said motion carried and instructed the Town Clerk to accomplish such publication. Mayor Johnston thereupon instructed the Town Clerk to file copies of the annexing Ordinance and map with the proper officials as required by Section 31-12-113, Colorado Revised Statutes, as amended. Thereupon, after considering other matters not concerning the foregoing Ordinance, upon motion duly made, seconded and unanimously adopted, said meeting was adjourned. TOWN OF FRASER, COLORADO BY: Mayor ATTEST: Town Clerk (SEAL) - 6 - ýÿ . - . . . fID[jJill~ ~ ANNEXATION AGREEMENT . This agreement, made and entered into this _ day of , 1996 by and between Ron and Betsy Jones, Graham and Louise Powers, East Grand School District #2, and the Grand County Library District, hereinafter referred to collectively as "Annexors," and the Town of Fraser, Colorado, a municipal corporation, organized and existing under the laws of the State of Colorado, hereinafter referred to as "Fraser." WITNESSETH: WHEREAS, a petition has been filed with Fraser, pursuant to Colorado Revised Statutes Section 31-12-107 for annexation of unincorporated lands described in exhibit "A" (attached) and incorporated into this annexation agreement by reference (hereinafter referred to "the Property"); and WHEREAS, the Annexors comprise 100% of all affected property owners and it is the intent or fait accompli of Ron and Betsy Jones, Graham and Louise Powers, and East Grand School District #2 to "quick-claim" or warranty deed all or part (respectfully) of the Property proposed to be annexed to the Grand County Library District for the purpose of constructing a new building that will house a new library in the Upper Fraser River Valley; and WHEREAS, Fraser has determined that it is in its best interest to annex the Property and to provide applicable municipal services thereto; NOW, THEREFORE, in consideration of the foregoing premises, and the promises and agreements of each of the parties hereto, to be kept and performed by each of them, the parties agree as follows: 1. ZONING The Fraser Town Board finds that the zoning requested, R-4, is compatible with surrounding development and land uses, supports Fraser's Master Plan and Zoning Ordinance, is reasonable and appropriate zoning for the Property and that a Library ("public facility") may be built in an R-4 zone. 2. TOWN ORDINANCES, REGULATIONS, CODES, POLICIES, AND PROCEDURES Except as expressly provided herein, all Town ordinances, regulations, codes, policies, and procedures, shall be applicable to the use and development of the Property. ýÿ . .. . . 3. TOWN SERVICES The Town agrees to provide services to the property to the same extent, and upon the same terms and conditions, as those services that are provided throughout the Town. 4. ANNEXORS' RESPONSIBILITIES Annexors shall provide the Town all deeds and abTfeements relating to the donation of property to the Grand County Library District within 15 days of Town Board approval of the annexation petition. 5. GRAND COUNTY LIBRARY DISTRICT RESPONSIBILITY The Grand County Library District shall be responsible for the following: 1. Providing all infrastructure improvements to the property deeded to them by Ron and Betsy Jones, Graham and Louise Powers, and East Grand School District #2, including water, sanitary sewer, parking, roadways, drainage, and any and all other site improvements. 2. The easement providing access to the Library shall be widened by expanding the easement to the north by moving the existing fence prior to the issuance of any building permit. 3. An easement needs to be provided from East Grand School District #2 from the north end of NorbTfen Street to the edge of the Aksel Nielsen ball fields. This easement will provide the Library District access to the easement that accesses the proposed Library District lot. Said easement shall be provided to Fraser prior to any building permit application. 6. EAST GRAND SCHOOL DISTRICT #2 RESPONSIBILITY The East Grand School District #2 shall be responsible for providing infrastructure improvements to the remaining annexed Property owned by the School District that are required for future development on their property. 7. RECORDATION OF AGREEMENT This agreement shall be recorded with the Clerk and Recorder of Grand County, Colorado, shall run with the land, and shall be binding upon and shall inure to the benefit to the heirs, successors, and assigns of the parties hereto. 8. ENTIRE AGREEMENT - AMENDMENTS This abTfeement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. This abTfeement may be amended by written agreement between the Annexors and the Town acting pursuant to the Town Board authorization. ýÿ .. .. .0 . 9. EFFECTIVE DATE This AbTfeement shall be effective and binding upon the parties immediately upon the effective date of an Ordinance annexing and zoning the Property, regardless of whether the Agreement is executed prior to, or following the effective qate of said Ordinance annexing and zoning the Property. Plus all signatures: Jones Powers East Grand School District #2 Grand County Library! District Town of Fraser . I I . ýÿ f "- . . TOWN OF FRASER ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF FRASER, COLORADO; ZONING SUCH ANNEXED PROPERTY; AND AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF FRASER. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO: Section 1. Annexation. Subsection A. That the owners of one hundred percent (100%) of the hereinafter described property, exclusive of streets and alleys have filed with the Board of Trustees of the Town of Fraser, Colorado, a Petition for Annexation of said property to the Town of Fraser, Colorado. Subsection B. That the property to be annexed is described as follows, to wit: [Legal description to be inserted] Subsection C. That the said property is eligible for annexation as provided in liThe Municipal Annexation Act of 1965". Subsection D. That the hereinabove described property be and the same is hereby annexed to the Town of Fraser, Colorado, and the corporate limits of said Town are hereby extended to encompass said property. Section 2. Zoning. WHEREAS, the property described above is by this Ordinance annexed to the Town of Fraser, Colorado; AND WHEREAS, pursuant to Section 31-12-115, Colorado Revised Statutes, as amended, it is necessary to zone said property; AND WHEREAS, the owners of said property have submitted an application to zone said property "R-4 - Low Density Multi-Family Residence" as provided in Article 13-2 of the Code of the Town of Fraser. AND WHEREAS, the Fraser Planning Commission has reviewed said application and has recommended that said zoning request be approved and that the Planned Development Plan be amended to include said property hereby annexed to the Town; .. . . I 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 published, as required by the Code of the Town of Fraser, Colorado, and Section 31-23-304, Colorado Revised Statutes, as amended; AND WHEREAS, the Board of Trustees hereby finds that the proposed zoning for said property is in substantial conformance with the Comprehensive Plan (also sometimes known as the Master Plan) of the Town of Fraser, 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; and therefore, Subsection A. Pursuant to Sections 13-11-1 and 13-11-2 of the Code of the Town of Fraser, Colorado, the official zoning map of the Town of Fraser is hereby amended by zoning the following property "R-4 - Low Density Multi-Family Residence": [Legal description to be inserted] READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES THIS day of , 19 96. Votes in favor: BOARD OF TRUSTEES OF THE - Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: - - BY: Jeff Johnston, Mayor ATTEST: (SEAL) Virginia Winter, Town Clerk Published in the Winter Park Manifest on , 1996. - 2 -