HomeMy Public PortalAboutTBP 1996-09-04
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TOWN OF FRASER
"Icebox of the Nation"
P.Q, Box 120 / 153 Fraser Avenue
Fraser, Colorado 80442
(970) 726-5491
FAX Line: (970) 726-5518
TOWN BOARD AGENDA
REGULAR MEETING
SEPTEMBER 4, 1996,7:30 p.m.
1. Roll Call
2. Approval of 8/21 minutes
3, Open Forum
4, Catherine Ross, Chamber of Commerce Update
5. Streetlight request
6. Marianne Klancke, Art Olson, and Cheri Sanders will be present to discuss the Citizens'
Growth Committee's vision statement.
7, A. resolution adopting the Citizens' Growth Committee Vision.
8. An Ordinance codifying the Board's discussions with Maryvale relative to PA 28,
,,~~k~it N
9. Maryvale PA 28, Subdivision Exemption
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10. Staff Choice /" e. 6c.J0AA.
'" ~J W\I~I~ ~ite:' ~lovcA~
11. Board Member's Choice
12. Executive Session to discuss negotiations involving real estate acquisition
MEETING SCHEDULE REMINDER
September 11th Planning Commission special meeting
September 12th Joint Fraser/Winter Park board meeting at Fraser
September 18th Town Board regular meeting
September 25th Planning Commission special meeting
September 30th Growth Coordination Process: 2nd town meeting
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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: September 3, 1996
Its a full agenda tomorrow night: some thoughts. . .
Bring your copy of the 'Vision Statement for tile Future Growtll and Del'elopmellt of tl,e
Fraser Valley that was in the packet a few weeks ago -- Marianne, Art, and Cheri will be
present to answer all your questions about their vision. See the attached resolution.
The questions raised about the subdivision exemption of P A 28 have been resolved, I
believe. See the attached letter, memo, and ordinance.
The matrix on the FPDP will be discussed during staffs choice.
Thanks for a great retreat! See you tomorrow!
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. TO\VN BOAUI)
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Ihe f('gnl:lr meeting 01 tlw Town JlCl:Hd W;l~ c:lllcd to order :It 7:.10 p.m. nortn! p,esent
\\-cre f\ I"yo, Johm;tono J I"\en~~ Wil1;ing. SmHkl~. l\lelntYll\ Kland<c mul ~w.lt7,ell, Al:m
pl'e~ent wete Reid, ~l<elt(ln rtnd Winler.
tvlinntes of the pre";oml meeting were :lppmvcd m; written.
.1\( 'fi~ IIAI~J)WAHIi: VAIHAN( 'v, IH:f)tHl;ST
Skelton re.\.;ewed It ~ite p1:m lil' Ihl;' prnpo~(~d flew Ace Hat dwme Store. lhi~ pn~iect 1111J~t
gel 11 wlrillnc.e fot I'm'1<ing nom the I eqtlif(~d ,H In /. 2 ~pllCC~, f{lrttl n:.~c.oll1tnendali()n i~ 10
rt~J: 'I own Ho:ml to n~CO"Il1WII<' 10 the Bom c11l1 ,\dimlllllent Ihil":l vmi:mce (1112 SflilCCS he
gnl1lt~cf. Stafr Ilt~o WOtlfct condition Ihifl gr::1I11 of a t,atlnnce on the ptol'oflt'd "fie of the
ptoperl)' 'hr h:lHhva,c stOle purposes, :my n,tmc cf1:lngc 01 use would need 10 he fe,,;ewed
:lgain with I cg:lIc1s 10 pm king neeck The !Jwnt'1 ~ p' Ihe 11m dwme ~Im'e did :t SlIf \ley Ih:tl
~hf)\\ied c"Htonwr \'i~it ICIl!!,th lIvet ilgc :lho"I 7 tltinnll'~. ,\ nct h,id di~c"ssioll f\ fcln(Yfe
nwdc :lllloliolJ to ICClIllltnclH1 Ihal Ihe Bomd o'\cUmltl1Cnl grant Ihe vmi:mcc of 11
pm J.ing flpaccfl Oil Ihe "lOflO~t'c1ll1..~w hm dw:u C f,IOf{'. hilI ,tw gnml he m"de 'hl' JIm dWltH~
Slore "~e only :md ilflY change 01 use he lcvit~wcd with I'cgal'd~ to p"l'king nced~, 2nd
Wirsing, cmtied.
Boh 'Imri~, owner of fhc J lanhvl11c !'llorc, ~Illled Ihat fhey would he more Ihlln hllPPY if
c.:omconc wOllld \Vlml (0 t('lllove Ihe ol<lf.!:l1:lgr.- li"lll Ihe 1'1 opetty. Theft' would he :tflflt'Ox,
1 \\'e~'k~ hcf()l'e Ihe 1'lltUchHC would need In he 10lfl <'own.
S1TflDIV'SION F:XEMPT'ON PA 29
S)<clfon pI c~ented fhe suhdi"ision pl:lf ff)1' Po'\ ;!P.: "I:uyv,,1e, PI:1flning Commission
llpproved the pIal sllhjcct III a ()nil ('Illim 'ked 'ill' !'t:lel ^ 10 the Frl1~cr Cementnry, which
i<: Ihe hOlt<':uy di~plllc(' hdwcctl Ihe {'clllcnl:llY :"'(, PA 1R. ~'.:lfr I ccotl1lttcnc1!: .:lpf't'(l\::11
01 Ihe suhdiviRion f:xcmption. S(<e!lon "IRO hlllldt:d 0"1 :l letter nom Ross Liberson.
alf01t1cy represenling Ihe ('Cllll'nl:n~' Assoc. lhi~ teller vokes scv'..'rnl cnflcerml c:ti11
Ilelll.1ing wil" Ihe de"dopmcnl ollhis property. I ,ihet son addt essclI Ihese COHeet n!'l to the
Bomd.
Aller lengthly discn~~inn 1\klnlyre moved tn tflNe lhe pInt II,,'iI wfillen I1~SnHIf1CC~. In tun
wilh 'he l:tnd, nom the ownClfol me IiIcd wilh Ihe tnwn "ddf(,'R~ing the 1(,l1mving:
, . TIre hlllkr tn,,~I he kit hc""een"" .'H :lIld Ihe cl'11Icnlmy.
2. View em I idOlR Iln.' tnninlnined.
.1, /\ccess on Ihe ""per pOltion to he pl:tccd ns tilr Not tit as pos~ihte, if dclcnnined
this C'nn hl1ppenllflcr cngincning and Rn(ely C01lCCIIlS me studied.
Motion 2nd hy Havens, cmtied.
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. MARY VALE MKrRO DISTIHCT
1\I:1Yor .John~lon vcvie\wd Ih:11 he h:1e1 ~chedtJbl a ~pecin( meeling of the Town Bomd Ret
1'01' "ltg, JRth al ":lO ,un, In I edew Ihe ~en'icc ,,1:111 fe),. Ihe tvfclw <fi~lrict. Pllhlicatinn of
lhe J Icm illg hm; 1:lhm "I:1ce. r r:t"ms IllOved 10 <:;l'f llw ~),,(.:ci:tl meelillg nil' ~ep1. 2Rth at
6:.10 p,m. In 1C\ilew Ihe RCI,.ice I'I:m, 2nd SW:llzell. c:l1ried.
STA ifF C"OlCI~
H eid rcviewed :l rClluc!'!1 Ii om Ihc Recycle f(lr :lddilio1l:l1 rlllul!'l !'!o thnl IIc:11th Tmmnmce C:1t1
be pwvidccf Rlrlll, lhe :tlllOllllt h ~r;(u)() per flInnfh, BrmH1 h:HI Rever"' qtlc~fint1R :lnd
(l~ked Ii" mOle i"((I1malioll hefi)lc maldllg (1 dcchioll,
Stall and Board picnic i!'l Rcheclnled fi)t, Sept. J 2th :II (,:00 p.m.
BOA'U) CflOICF:
IVfchtlyre would like tn sc.hedule Ihe g' mvlh viRion presentalion as soon as possihle.
Board diRc.uRRed the trail prog"C~R.
Bapli~t church was asked to level the dirl pl:lccd on lhdr lof.
I:mdfolc3ping looks gleal, c::ll'cdalty the plOg'e~~ :11 Alvcs,
Boat d pleased with the Schnul Flashe, s.
f\kIl1fytc rC\iiC\\cd informalion she h:1d gathered on m:lu:11 densitic~ in other comnmniticR.
BO:If d di~ctl~~t~d getting inlf11 malion Oft va1iou~ flH*c1s in olher :neaR with fcg:nds to
dCII~iily, ,'istwl fonks, aClenge etc. BCl:1rd m:1Y \~:JIII 10 Rchcdnle n field It ip to \ iew Rome
llt oject~.
No (i" Iher hURif1c~". meeting :1<Uollllwd al JO:OO p,lIt.
. . ern F(l2 '::;EF 02 "?r:, 21 :.::18
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E. Rick \Vatrous, /vJt17tager
Sept. 3, I 996
Chuck Reid, Town Manager
Town of Fraser
P.O. Box 120
Fraser, CO 80422
Re: Plat Exemption, Aren 28
Dear Chuck:
Over the past 1 to 1 1/2 months. the Town of Fra~el' has conducted a munber of healings
which relate to t\l'taryvnle Planning Area 28, In the course of those heRrings. n number of issues
have come up \\lhiclt relate to v:uious flspects of the proposed use of thi~ arell, Some of these
have already been addressed I" modificMions of either the proposed exemption plat or the FPDP
documents which are now on file with your office. OtIten; relate to nn-site improvements whirh
are prot of tlle FPDP and plat. process, You have R,~ked me. however, to confirm sume of the
positions whichf\.:laryvale hAS taken in the hearings in \vritlng. I will aUempt to do so at this
time,
I.. Access to Residential lJevelopment . The planned RCCe51~ to the prQPosed
residential development within planning RfeR 28 is shown (In the FPDP documents now 011 file
with tIle Town. It uses the SRrne cmb cut to Tuhing Hill Rond n~ i~ used by the nmth entrance
of the Fra~er Cemetery, This wnc; done In conformity with n requec;' of the Town stnff to
minimi7:e (to one) the number of ncce~~ pojnt~ or curh cnts to Ttthing Hill R(lad and to 111(1\'C
the entrance to the residenti111:ue3 ns far ~outh ClS I'ossihle to keep it awny from the hill 011 the
wad. As I have stated, Mnryva/e wou.ld not object to moving the residential CUI h cut or Rccess
point to it point on Tubing Hill Road north of the existing cemetery UOl'tJ, entrance and the grove
of pine trees adjacent to it. We would lea.ve the decisic)l1 ahout the location of the cemeter)'
entrance - \vhether using the existing curh cut, or being muved 1101 th of the tree grove to the
discretion of the Town Board and ~taff and their eVRhmtion of the safetv is~ues on hRl1d.
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2. We have shown the Access road to the 'e~ldential ~"e~ to Town local road
standards - namely with a 24 improved. paved nrca ,vlthitl a 36' right-of-WifY. Six feet are
allowed for snow storage to either slrte of the paved orea, Except to the extent tJJe town would
. .077 POJ '::;EF' 02 ":;1S 21: <t'?
~
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Chuck Reid, Towll MAllAger
Town of Fraser
Sept. 3, 1996
Page 2
require it for drainage or other leasons, we have no intention to remo\'e t,.ee~ or bushes fWIII
the unpaved right-of-way area And will leave t11e trees and natural. growth standing, subject tll
nonnal pnming and removal of dead growUl.
If added clarification is needed, please advise me of it.
Sincerely,
G^lY(~~'L~~
E. Rick Watrous
ERWIII
cc: Rich N,ipert
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. RESOLUTION 9-1-96
'j WHEREAS, in 1995 the citizens of Grand County chose to work tugether on a growth
~ coordination plan that involved all the towns and the County; and
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WHEREAS, a key component of the growth coordination plan was the naming ofthe Fraser
Valley Growth Coordination Committee - a group that include&~~~anne Klancke, Cheri
Sand~rs, and Art Olson representing the Town of Fraser; Joel o.....~, Tyson Dearduff, Ron
Jones, and John DeVos representing the Town of Winter Park; and Jim Coleman and Jay Clough
representing the unincorporated County; and
WHEREAS, the Fraser Valley Growth Coordination Committee's job was to contemplate in
detail the growth coordination plan project and the comprehensive survey that accompanied the
project, and then to make a recommendation to the towns and the county on the same; and
WHEREAS, the Committee finalized a "Vision Statement for the Future Growth and
Development of the Fraser Valley", a copy of which is included; and
WHEREAS, on July 25th the Committee hosted an open forum to present and receive feedback
on the Vision Statement; and
WHEREAS, on Septemher 4th, Fraser"s representatives presented and discussed this dO~}II;... J-T ~
with the Frasett'ard of Trustees; ...,I ~u" <HoOt.lo. '1?;..'f "'-:. r+<., pol. 1'/.
~1\5 ( 1vw" ~ fY4.~ wl\( .:. 6'1A. ~'~ihl~ ".. ~~(.l, Gmtj)IL~tv~ ~~
NOW, THEREFORE, be it resolved that the Fraser Board of Trustees will use the Vision
Statement for the Future Growth and Development of the Fraser Valley as a guiding document in
their land-use decision making processes,
ADOPTED AND APPROVED this day of , 1996.
TOWN OF FRASER, COLORADO
(S E A L)
Mayor
ATTEST:
Town Clerk
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10 72E.55113 P.02
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TOWN OP FRASBR
ORDINANCB NO. ---
AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT DISTRICT PLAN FOR
PLANNED DEVELOPMENT DISTRICT NO. 1 (PDD Itl), BY CHANGING THE
PERMITTED USE OF PLANNING AREA 28 FROM CONDOMINIUMS TO MIXED USE.
WHEREAS, the property commonly known as Maryvale was
previously ~nnexed to the Town of Fraser and was zoned as Planned
Development District No. 1 (PDD #1), and a Planned Development
District Plan for said property ~as approved, pursuant to
Ordinance Nos. 154, 155, 156, 157, 158, 159 and 219 of the Town
of Fraser; and
WHEREAS, said property zoned POD #1 and subject to said
Planned Development District Plan includes the property referred
to as Planning Area 28, as more particularly described on Exhibit
~A" attached hereto and incorporated herein by this reference;
and
WHEREAS, the current owner of said property has applied for
an amendment of said approved Planned Development District Plan,
in order to ohange the permitted use of said Planning Area 28
from condominiums to mixed use; and
WHEREAS, the Fraser Planning Commission has considered said
application and has determined that the change in permitted use
of Planning Area 28, as provided herein, constitutes a minor
change in the approved Planned Development District Plan, which
may be approved without public hearing pursuant to the Fraser
Planned Development District Ordinance (Section 13-3-12 of the
Code of the Town of Fraser); and
WHEREAS, not~ithstanding the fact that a minor, change is
involved, the Board of Trustees held a public hearing concerning
such proposed amendment to the Planned Development District Plan,
'and notice of said public hearing was given in accordance with
Fraser Planned Development District Ordinance and Section
31-23.304, Colorado Revised Statutes, as amended; and
WHEREAS, the Planning Commission has recommended that the
Board of Trustees approve said amendment to the Planned
Development District Plan, as herein provided; and
WHEREAS, the Board of Trustees hereby finds and determines
that the proposed amendment is in substantial conformance with
the Comprehensive Plan (also sometimes kno~n as the Master Plan)
of the Town of Fraser, as amended; and
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--. -..- .. -~ -''-' ... CI. t:Jl=' "'I'::UI', tlC8J'I 10
72E,5518 P.0.3
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,
WHEREAS, it appearing to the Board of Trustees that it would
be in the best interests of the Town Of Fraser to approve an
amendment of the Planned Development District Plan, upon the
terms and conditions provided herein,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, THAT:
Secti9n 1. Pursuant to the Fraser Planned Develo~nent
District Ordinance (Section 13-3-12 of the Code of the Town of
Fraser) , the Board of Trustees hereby approves and adopts an
amendment to the Planned Development District Plan for planned
Development District No. 1 (PDD #1), by changing the permitted
use of Planning Area 28, as identified in said Plan and as
described on Exhibit ~A" attached hereto, from condominiums to
mixed use. For purposes of said Planning Area 28 only, I'mixed
use" shall mean and shall allow for the development of said
Planning Area 28 for multi-family residential units at a density
of less than 20 units per acre, with a maximum of 40 units; a
self-contained storage facility, and commercial office space
limited to a 5,000 square foot building footprint. Said
development shall preserve the existing view corridors "down
valley".and of Byers Peak (as approved by the Fraser Town Board
at subdivision plat approval by prohibiting construction of
buildings on the higher unexcavated portion of Planning Area 28
from the view corridor south and immediately adjacent to the
Cemetery) ; shall provide perimeter buffering between the Cemetery
A and Planning Area 28 (which initially wi~l~include preservation
~ of the existing split rail fence and as~ h natural vegetation
~ and trees adjacent to the fence~as i~ Y=~~~nably possigle; but,
~ at the request of the Cemetery Association may include a berm or
d a 6 foot solid fence);' shall be limited to storage and commercial
structures which do no exceed 30 feet in height; and shall
comply with all other requirements of the approved Planned
DevelopmentDistrict Ian and all other applicable Fraser
regulatory and platt' g requirements, including but not limited
to those contained i the Fraser Planned Development District
Ordinance and the Fr eer Subdivision Regulations.
READ, PASSED, AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES THIS day of
, 1996.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF FRASER, COLORADO
Votes abstained:
BY: 4 bdlv'{~dYI
Jeff Johnston, Mayor
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? 2EI~5~51 S P. CJ..t
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]:\TTEST:
(SEAL)
Vfrginia Winter,
Town Clerk
l.ANDOWNER APPROVAIJ
The undersigned, as the current owner of Planning Area 28
and the other property sUbject to the Planned Development
District Plan for Planned Development District No. 1 (PDD #1),
hereby acknovl1edges its consent. to the amendment of said Planned
Development District Plan, as provid~d in the foregoing
Ordinance.
MARYVALE, LLC, a Colorado limited
liability company
BY; --- -.----..----.-
TITLE:
-_.-- '------.-.----..-
DATE:
"----- .
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Published in the Winter Park Manifest on
, 1996.
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- 3 -- c · \ ~IF\fP.ASeR \MAP.YIJALE',Zt>A28
- OR. WPD
TI"IT~d P n.1
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( C4.udt.'s ~'Ie) [IDOO&~V
TOWN OF FRASER 1?ov. Vo~ AA ~( OJ/N.II\I ~~?
Ordinance No.
An ordinance amending Town of Fraser Ordinance Number 159.
WHEREAS, on ~((J,J (s:: , 1986, the Town of Fraser annexed real property into
the Town of Fraser identified as Parcel VI of the Maryvale property; and
WHEREAS, this annexation was accompanied by the request to identify this parcel as
Planning Areas 27 and 28, with an intended use as residential properties; and
WHEREAS, in 1994 the Maryvale property was sold to a group known as the Maryvale,
Limited Li~=on; aod
WHEREAS, in.. . ~9-, 1995 the Town of Fraser received an annexation petition
requesting the annexation of real property to the town, a portion of which was
immediately adjacent to the S6 eaUoo.-Planning Area 28; and
WHEREAS, this annexation was accompanied by the request to change the planned use
of Planning Area 28 from residential to mixed use.
WHEREAS, on~ 1995 the Fraser Plaonlng Coounission declared !Qat the
requested change in use on Planning Area 48 from residential to mixed use represented a
minor change in the Maryvale PDD and recommend approva,J of the change to the Fraser
Board of Trustees; and
, IS
WHEREAS, on November -' 1995, the Fraser Town Board approved the request for
annexation and the request is a change of the planned land use on the parcel identified as
Planning Area 28, from residential to mixed use, contingent upon a mutually acceptable
definition mixed use, relative to Planning Area 28; and J \ (
(Mj)" () ~ (>,; 0 (;.:l. "
WHEREAs, on February 7, 1996, ~ OfT~ an arnend1nen!
to the mixed use definition found in >town of Fraser Ordinance Ind officially
enacted by Town of Fraser Ordinance -* said definition re that "~ed Use.....;
and
WHEREAS, on April 17 , 1996 the Fraser Board of Trustees approved the planned mixed
use for Planning Area 28, said use to allow multi-family residential units at a density of
less than ~ units per acre, a self-contained storage facility, and commercial office
space limited to a 5,000 square foot footprint; and
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WHEREAS, in return for these allowed mixed uses on Planning Area 28, the
development of this parcel must retain the Byers Peak and "down. Valley" view corridors
as identified by the Fraser Cemetery Association; provide adequate buffering from any
development immediately adjacent to the Fraser Cemetery (adequate to be defined as
anything from a landscaped berm to the construction of a solid fence); a 30' height
restriction on commercial building; all other regulatory requirements t() be complied with
when platting.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES FOR THE
TOWN OF FRASER, COLORADO THAT SECTION _, OF TOWN OF FRASER
ORDINANCE 159 BE AMENDED AS FOLLOWS;
Parcel VI needs to be split out -- or at least P.A. 28 needs to be ID'd in the
ordinance by legal description. This then can be allowed the in planned
use.
J7 -, 1 '="36 O':J: ':".1 r:pur I .'" (11"111', rIll E IIJ . 7:'1::.':'-':",18 P.08
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1'lUJl'Unv ImSCRIl'IION
'lbe land referred 10 In chis COllllUlllllenC Is desclibed as follows:
A Illll'ce! of 1"11I1 IO<:~1h'd In the So"th~nt;t '}III1ICrr of thl' SoutlH'n!;1 ()t1I11(f~I' of S('(~r1(J1l 19 RIIlI th{l
Soullmest Quar tel' of the Soutfnf'('_'l' Qu:n trr of Stell,," 20. 'hm ll<:h1t, J Sunlll, Rnngf' 75 Wl'st Qf the 6Ch
1',1\1., CouutJ of GI,)Jtd, State of Cotnrnd", beillg an Qf Hlllc IlIlIn' IIf 'null "t'~cllhed III IJlloh 395 :1t rltge
1.16 TOGE'IIIF.n WITII that 1'01 flolt (If Ule Soutll\l(~st (llllll HI' of the Soullmt>s( Q1I;utn of SQld Sfcllon
20 .,Ing Southwesterl} "r the (blll'on" IUght of Will, F~l<C:TI'''' thllt Ilanel (k~('r1"ed In 1J,,"k 219 at rage
202, mOle l'alllrlll:ul,. desnlbp.d a$ (olll)11s:
('oDunenrfng tit tht' SOUfl1\HSt Corntl of said Sed Ion 20 amI tOllshlellllg the West Une or the Suullml'st
Qual tel' or the SOllllmesl QUIU tl't of said SetU'JIJ 20 10 I,,~:u N Oln)fj'20" W with nil bentlngs Clllllalllt'rI
hel tin "elug tt'lalh'e IhHefo: Thence Illong the W€lst 'hII' of the SOllth" esl QUillin of Ihe So"UI1nsl
QIIlu1er or f;ald Sectlllll 20. N 00006'20" W, a di~lnnre "IIOSAli hl't 10 flip. South C')llIel' of snhlllRl'crl of
land d€lscllhed in 800lt 395 AI "nge 14f), lllld the Ilfllllt ..f btghlfllngi
Thence alollg the boumhu,' of snld (':lltel the follcu"ng sh (61 ('OlllSt's~
I) N 18"34'19" W, a distance of 290.88 feel;
2) Along the llrc (If B fUtH to the right hating A udius of 290.50 rl~et, n renhal :u'gfe of J(J'''U'JO'' BIUI AIJ
ale leogUa of 155.70 feet;
J) N 12"08'11" E, :J fllsfnnce of 70.00 feet;
4) Alou~ the arc of q eune to the left IlInlllg n 1':,,1111$ "' R9~.J6 feel, R cfllhululJgle of 08"06'00" And IU'
nle lenglh of 126,13 feet;
S) N O.toO~'I1" E, " dlstnnce of 169.84 fel.tl
6) S 89"43'26" E, a distance of ~5.4~ t'tet fo lite Wtsl IIIJt' of fhe Soull"vest Quatter of tile Southwest
Quarter- of sold Sectloll 20;
1 hence along said Wut line, N (10"06'20" W, A dlsfl1l1rr. of 8.l, io feef fo the SQutlmesterl)' rlghl of "';1~'
ifill' of lhe RlIlhoad Itfghl of \VA)' as <tesel ibed In nook 7 "' f'ng~ 270 lJud In Ih.. Im~atlon $lIl'\'t'l or the
I)em'el', Norfhwe~fellJ & Padlfc ltalhfl1~' riling 1\1.11' 1{.,.t,678, doled Aplll 4, 1904:
1Ilen<:e alulIg said Soultmrstl'll)' l'lgbl of wlll' along the III (' "r a '''III-lltngtllt cunl' 10 IIle tlgbf bIn-lug"
nuJfu5 of 616.78 feet, 3 cl'nlt'a1 nngle of 41 ~36'46" nrlll nn nle IfJlgth of 441,95 feel, 'he choltl of 1111kh
bf.'au S 4ge 17'23" E, 11 dislance of 438.18 h'et to fhf' N", fll Cor lIer o' SAid flAted of 1"lId d(>scl'l!Jt'd In
Book 219 at fage 2021
Thence Ule follonlng hvo (1) r.OUl$t$ along f1nld IlUlcell
I) S 55027'40" W, n dlstanre of 184.00 fel'l;
2) S 37?27'40" W, R dblal1c~ of 195,OO reel 10 Ille \host Ihlt' Hf the Soullnu5' QlInrht of Ule SonUm'est
QUInter of $Qld Sectloll 20;
1 hence alon, said Wesl line, S OODOfj'20" E, a dhhlllce of %50.5t reet the I'olnt of 8eJhmlng.
County of Graud,
State of Colorado.
~ ..
~ '. . .
ROSS LIBENSON P. C.
ATI'ORNEY AT LAW
2737 MAPLETON AVENUE, SUITE 103
BOULDER, COLORADO 80304
(303) 449-0700
August 29, 1996
By Fax
RE: Easement Agreement
Mr. E. Rick Watrous, Esquire
Maryvale LLC
3609 S. Wadsworth Blvd., #210
Lakewood, CO 80235
Dear Mr. Watrous:
Pursuant to the Town of Fmser Board of Trustees' August 21,1996 vote to table the
approval of Maryvale's subdivision exemption plat and application until there is a written
agreement between Maryvale and Ozaukee and the Fraser Cemetery Association on the
issues olnot only the boundary ,but also the access, screening and visual corridors, I have
drafted an Easement Agreement which shall accomplish : the needed protections. . It is
enclosed. for your consideration.
Paragraph one is for the entrance road to the cemetery to be exclusive and the proposed
Exhibit A shall need to describe an area which includes not only the current entrance but
also the grove of trees to the north of the present cemetery entrance. This legal description
can be accomplished by a sUlVeyor without going into the field.
Based. on the exemption plat the exhibit should describe an area starting 205.1 feet from the
point of beginning of the first of six courses set forth in the dedication of the Maryvale
Planning Area No. 28 Subdivision Exemption Plat and extending north along the west
boundary ofP.A. 28100.78 feet, thence due east till reaching the northern boundary of
P.A. 28 Tract A,thence south along the northern boundary of P.A. 28 Tract A to a point 56
feet south of the #4 rebar, thence S89^53'40"W back to the starting point of the easement
area or "square."
Paragraph two is a relinquishment of our selVice access road and service entrance and the
right to use P.A. 28 for snow and debris removal. Considering the price per acre of the
offer made to the Town of Fraser for other Maryvale'land, this is a release of a valuable
., .
. , . .
Mr. E. Rick Watrous, Esq.
August 29, 1996
page 2
rights by the Cemetery Association and highlights the willingness to reasonably resolve
this matter.
The grant in paragraph 1 and the vacating in paragraph 2 are conditioned on the approval
and recording of the subdivision exemption plat in a similar fashion as the quitclaim deeds.
Further, they are conditioned upon authorization of the Town and County to move the
entrance to the north of the grove of trees. NaturaIly, you can expect our intense efforts to
get this authorization.
Paragraph four is for maintaining natural screening and buffer. It is necessary since the site
plan in the F.P.D.P. documents fail to leave an eight foot buffer of natural screening,
removes almost all the trees along the fence and lacks adequate snow shed along the fence.
It provides the cemetery only what you were willing to promise in our phone conversation.
Paragraph five confirms the visual corridors. It too needs an exhibit with a legal
description which can be accomplished by a surveyor without going into the field
Genemlly, these are "coned" shaped.
If you have any questions or comments, please so not hesitate to call.
Yery truly yours,
Ross Libenson P.C.
l~~
encl.
cc: Town of Fraser, Staff
Rod McGowan, Esq.
Town of Fraser, Board of Trustees ~
c .. .
. .
EASEMENT AGREEMENT
This Easement Agreement is made this _ day of , 1996 by and
between Maryvale LLC and Ozuakee Land and Financial Corporation ("developer") and
the Fraser Cemetery Association, a Colorado nonprofit corporation ("cemetery").
RECITALS
A. Developer is the owner of certain real property situated in the Town of Fraser,
County of Grand, State of Colorado described as Marvale Planning Area No. 28 (p.A. 28)
on Maryvale Planning Area No. 28 Subdivision Exemption Plat, which plat is dated
and which plat is recorded in the records of the Grand County Clerk and
Recorder at Reception Number .
B. The Cemetery is the owner of real property adjacent to Maryvale Planning Area
No. 28, described in Book 219 at Page 202 of the Grand County Clerk and Recorder's
Office, and claims, among other things, ownership rights in easements on and across the
developer's real property.
C. Developer has agreed to quitclaim to the Cemetery that parcel of land described
as Tract A on Maryvale Planning Area No. 28 Subdivision Exemption Plat by separate
instruments.
D. It is the desire of both parties to this Agreement to execute an Easement
Agreement setting forth the (1) release and vacating of certain Cemetery easements and, in
exchange, the granting of an exclusive easement to the Cemetery by the Developer,
conditioned upon Town of Fraser and Grand County pennitting the developer to locate its
entrance on to P.A. 28 north of the exclusive easement to be granted to the Cemetery; (2)
granting of easements by the developer to the cemetery for visual corridors and natural
screening.
AGREEMENT
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE
FOREGOING RECITALS, THE SUM OF $1.00 IN HAND PAID TO THE
DEVELOPER, AND OTHER VALUABLE CONSIDERA nON, THE RECEIPT
AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE
DEVELOPER AND THE CEMETERY AGREE AS FOLLOWS:
1. The Developer grants and conveys to the Cemetery, its successors and
assigns, forever, an exclusive easement for an exclusive entry area for the Cemetery
including ingress and egress over, across and upon the the real property described in
Exhibit A attached hereto with the exclusive right for the removal of any trees and
ýÿ
. . .
. . .
Easement Agreement between Maryvale LLC
and Ozaukee Land & Financial Corporation and
the Fraser Cemetery Association
page 2
vegetation, operation, construction, maintence and any other activities pertinent or
necessary to the operation of the cemetery entrance and entry road The developer shall
neither construct nor cause to construct any improvements, nor removal of trees or natural
vegetation, nor cause any grading activities within the easement area.
2. The Cemetery its successors and assigns, forever, vacates and relinquishes
its easement rights and claims to easement rights to use any other portion of P.A. 28 , other
than described in this Easement Agreement.
3. The grant of the easement in paragraph 1 and vacating of easement rights in
paragraph 2 above are conditioned upon the Developer being authorized no later than
March 4,1997 by the Town of Fraser and Grand County to move its southern boundary of
its entrance right of way to the north of the easement described in Exhibit A. Upon
satisfaction of this condition the parties shall execute and record such further documents
that are necessary to confirm and ratify the exclusive easement and vacating of the
easement rights not in this Easement Agreement.
4. The Developer grants to the Cemetery, its successors and assigns, forever,
a negative easement that the Developer its successors and assigns, forever, shall never
remove any healthy natural vegetation or trees in an area extending north and west 8 feet
from the north and west boundaries of Tract A in the above reference Maryvale Planning
Area No. 28 Subdivision Exemption Plat and extending along the entire north and west
boundary of Tract A in the above reference Maryvale Planning Area No. 28 Subdivision
Exemption Plat. It is the purpose of this negative easement to accomplish mutually
beneficial screening and buffer between the Developer and the Cemetery, their assigns and
successors. forever.
5. The Developer grants to the Cemetery, its successors and assigns, forever,
a negative easement that the Developer its successors and assigns, forever, shall never
construct nor allow construction of any improvements upon, over, or across P.A. 28 that
interfer with the view corridors from the cemetery to the west and to the north as legally
descibed in Exhibit B to this Easement Agreement
6. Warranty of Title. The Developer warrants that they hold fee title to the
real property described in the Maryvale Planning Area No. 28 Subdivision Exemption Plat
subject to the notes and that the title is free and clear of liens and encumbrances.
ýÿ
. w . .
. .
Easement Agreement between Maryvale LLC
and Ozaukee Land & Financial Corporation and
the Fraser Cemetery Association
page 3
7. Binding Effect. This grant of easements and vacation of easements
shall run with the propery and shall be binding upon and inure to the benefit of the parties
hereto, their successors, assigns, and all parties in interest.
8. Attorney Fees and Costs. In the event of any litigation between the
parties relating to this Agreement, the prevailing party shall be entitled to costs and
reasonable expert and attorney fees incurred in connection with such litigation.
9. Governing Law. This agreement and all terms and provisions hereof
shall be governed by and construed in accordance with the laws of the State of Colorado,
with venue in Grand County, Colorado.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first appearing above.
MARYV ALE LLC
Developer
By: Title
OZAUKEE 'LAND & FINANCIAL CORPORATION
Developer
By: Title
FRASER CEMETERY ASSOCIATION,
Board of Directors
Cemetery
By:
. . . .
. ~
Easement Agreement between Maryvale LLC
and Ozaukee Land & Financial Corporation and
the Fraser Cemetery Association
page 4
STATE OF COLORADO )
)ss.
County of Grand )
The foregoing instrument was acknowledged before me this day of
, 1996 by (title) of
Maryvale LLC.
My Commission Expires:
Notary Public
STATE OF COLORADO )
)ss.
County of Grand )
The foregoing instrument was acknowledged before me this day of
. 1996 by (title) of
Ozaukee Land & Financial Corporation.
My Commission Expires:
Notary Public
ýÿ
.. , .. . .
.. ti
Easement Agreement between Maryvale LLC
and Ozaukee Land & Financial Corporation and
the Fraser Cemetery Association
page 5
STATE OF COLORADO )
)ss.
County of Grand )
The foregoing instrument was acknowledged before me this day of
. 1996 by Edwin Hill, Ernest Johnson, David Cautrell, Kirk
Klancke, Glenn Wilson and Alta Gesellman, the Board of Directors of the Fraser
Cemetery Association.
My Commission Expires:
Notary Public
. .
MEMORANDUM
To: Mayor Johnston and Town Board Members
From: Chuck Reid
Date: September 3, 1996
Subject: Maryvale Subdivision Exemption
At the August 21st Board meeting, you heard Maryvale's request for subdivision exemption of
P A 28. This exemption will allow Maryvale to transfer this parcel to another party who will
develop the property according to PDD #1, the annexation agreement, and Fraser's subdivision
regulations. That evening, you tabled the exemption pending a written between the developer
and the Town on several outstanding issues. These issues included:
. the agreement made between the Board and developer relative to the change in
planned use from residential to mixed use,
. the argument that the pipegate represents an "apparent easement," and
. the potential of moving the access road for the developed portion ofP A 28 away from
the cemetery entrance.
Wednesday's agenda includes the ordinance that codifies that which the Board has already
agreed to with the developer; Rod McGowan has expressed doubts that the cemetery's pipegate
and its use would not qualifY as an apparent easement; and Ed Opitz stated that not only can the
crest of the hill be graded (allowing access to the development to be shifted away from the
cemetery entrance), it was his assumption that this would happen in conjunction with the
development ofPA 28. This appears to answer all ofthe questions the Board raised and those
that have been expressed by Cemetery Association.
Staff recommends approval of the subdivision exemption.
-
ýÿ
.
l, _ ,-
FINAL DEVELOPMENT PLAN
REQUIREMENT SUBMITTED COMMENT
FMC 13-3-12-7(cXi)
a See attached The FPDP requires that all Preliminary Plan Development Plan documents are
submitted See the attached matrix.
FMC 13-3-12-7( c )(ii)
a no The development schedule is inconclusive and needs to be clarified.
b no Usable open space figures need to be supplied. .
c ~ This is a qualified yes, pending the adoption of Ordinance 225 which allows a
mixed use development on the site; covenants for storage tract not submitted
-
d yes
~
-::g e yes Submission was adequate for filing but not for FPDP approval.
-
-.
f yes
g yes Unqualified
h yes Submission was adequate for filing but not for FPDP approval.
1 no Pertinent items in the Annexation Agreement, especially sections 4.03,
4.04, 5.03, and 5.04 are not identified or addressed. .
J yes
~ k yes
.,::: I yes
~
~
ýÿ
. .
FMC 13-3-12-7(c)(iii)
a yes
b yes
c yes
d yes
e yes
f yes
g yes .
h yes
1 yes
J no Not submitted; adequate development schedule is acceptable.
k Pending Ed Opitz' review Wednesday, 9/4/96
I no Development phasing needs clarification
m no Not submitted.
n N/A
FMC 13-3-12-7(c)(iv)
All items are acceptable for FPDP filing .
FMC 13-3-12-8( e )(i)( d) no Dust control not addressed; private streets not identified as utility easements.
l
.
. .
PRELThflNARYDEVELOPMENTPLAN
REQUIREMENT SUBMITTED COMMENT
FMC 13-3-12-7(b)(ii)
a yes Submitted as part of 13-3-12-7(b)(a)(ii)
b yes
c yes
d yes
e yes Submission was adequate for filing, but vague; staff would want additional .
information prior to FPDP approval
f yes
. g no Future subdivision dates not anticipated, future subdivision plans not identified
h no Not all figures submitted
1 yes
J yes This was submitted at PDDP, but changed with Ordinance 225 at FPDP
k yes
I yes
m no Letters of intentions of service need to be received by a sanitation district, .
. Mountain Parks Electric, Public Service Company, US West, and the Town of
Fraser.
FMC 13-3-12-7(b)(iii)
a yes
b yes
c yes
-
. ' ..
FMC 13-3-12-7(b )(iii)
d yes
e no The location of the dedicated park is not identified; other public uses not
specified
f yes
g yes
h yes
1 no Connections to existing electric, gas, sanitatio~ water and telephone. Service not .
shown.
J no Not submitted.
k yes
.
. .
August 20, 1996
Paula Sheridan
215 Carriage Road
Fraser, CO 80442
Tm,yn of Fraser
Planning Department
P.o. Box 120
haser, CO ~{o4{12
To the Planning Department:
These arc challenging (Iud impoJ fallt linlt.:s fill all of Gramt Counly and especially fill lhe
Town of Fra~er The cteeiRion~ th~t :ue tn:1de ill the nexl few ve:lf~ wHl determine wh:11 the ftdul'e
holds fi,r our hmll, OIU cOllltUllllil.\ amI our cmirunment. j\S it 28 yC~1l n.::shlenl oflhe ftaset
VaHey and a 1) ~eaf re~idetlf ptoperfy owner in the '( O\vn of Fra~er. ( rcel I am well-quHlified to
serve 011 the Fraser Board of Zoning Adjustment.
At this critical time, I find it is not enough to merely <lttcnd llnd cxprc;.s my opinions at
Town Council meetings: it is lime 10 get involved ami 10 al1cmpt 10 undersland the many sides of
current i~sl1es. While the Ro:ml of /\qjnstment i~ only :l ~m:l11 ~fep, I wClnld n.1~o like to he
considered for any futme posilion that may open on the J'lalltling Commission, Having been a
Fraser ref--:;dent fOf many year~, T havf' ~f'",1l '1;gnificnnt ch~nge~ in 0111' v:ll1ey, T helit've it i<1 critical
lhat a viRion (hI' out community he Ikvc10ped and lhallcasonahlc and enforceahle building design
~tandafds and ('odes ~mpport that vi'lir.'1l, My professintml tnwel.s Ink!';' me to re~orf communities
around the country and the world, which gives me a solid base for making recommendations that
witt align 01lf commuo1ty vi~i()n with re~11ty,
Ihm1k you for your thoughlhd cOIl~idcralion of illY appoinlment 10 the BoaHI of
Adjustment.
Sincerely,
~~
Paula Sheridan
Resident
ýÿ
~ .
.
e/t8/t:t?J
,
R~QQ!!!l:;r'!QN Q.E A~~RQYA!!
WHEREAS, pursuant to the provisions
of Title 32,
Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the
Town of Fraser, Grand County, Colorado, held a public hearing on
the Service Plan of the proposed Maryvale Residential Metropolitan
District on the 28th day of August, 1996; and
WHEREAS, Notice of the Hearing was duly published in The
Manifest, a newspaper of general circulation within the Town, on
August 21, 1996, and notice was forwarded to the Petitioners, the
Division of Local Government, the State Auditor, and the governing
body of each municipality and special district which has levied an
ad valorem tax within the next preceding tax year and which has
boundaries within a radius of three miles of the proposed District,
all as hereby ratified and approved by the Board of Trustees; and
WHEREAS, the Board of Trustees has considered the Service
Plan and all other testimony and evidence presented at the Hearing;
and
WHEREAS, the petitioners and proponent, Maryvale, L.L.C.,
(Maryvale L.L.C. is also referred to as "Proponent") did
provide
satisfactory evidence that all owners within the proposed special
district are the Proponent or represented thereby; and
WHEREAS, it appears that the Service Plan may be approved
with certain conditions, as permitted by Section 32-1-204.5 (1) (c)
of the Colorado Revised Statutes;
WHEREAS, the Proponent has requested conditional approval
of the Service Plans for both the Maryvale Residential Metropolitan
District and the Maryvale Commercial Metropolitan District;
THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO:
Section 1. That the Board of Trustees of
the Town of
Fraser, Colorado, does hereby determine that
all of the
requirements of Title 32, Article 1, Part 2, C.R.S. ,
as amended,
relating to the filing of a Service Plan for the proposed Maryvale
Residential Metropolitan District have been
fulfilled and that
Notice of the Hearing was given in the time and manner required by
the Board of Trustees.
Section 2. That the Board of Trustees of
the Town of
Fraser, Colorado, has jurisdiction over the subject matter of this
proposed special district pursuant to Title 32, Article 1, Part 2,
C.R.S. , as amended.
Section 3. That the Board of Trustees and the Proponent
agree that the Town has been afforded
insufficient time to
thoroughly review the Service Plan. The Proponent, however,
has
requested the Town to grant conditional approval
of the Service
Plan to allow the Proponent to hold an election on November 5, 1996
to approve the organization of the District, elect Board members,
approve financial ballot issues pursuant to Article X, Section 20
, .
.
of the Colorado Constitution, and related
questions. The
conditions on the approval are set forth in Section 6 below.
Section 4. By its approval
and acceptance of this
Resolution, the Proponent agrees to indemnify and hold harmless the
Town of Fraser, its officers and employees, (collectively "Town"),
from and against any and all liability
or loss, including
reasonable attorney fees and litigation expenses, resulting from
any claim or demand made upon the Town arising from or relating to
the organizational process employed for
the organization of the
Maryvale Residential Metropolitan District and
the Maryvale
Commercial Metropolitan District. It is further
understood and
agreed that the Town is relying on, and does not waive or intend to
waive by any provision of this Resolution, the monetary limitations
or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. 24-10-101,
et seq., as
from time to time amended, or otherwise available to the Town, its
officers, or its employees.
Section 5. That, subject
to further review of the
Service Plan, and subject to the conditions set forth in Section 6
below, the Board of Trustees of the Town of Fraser, Colorado, does
hereby find and determine that:
(a) There is sufficient existing and projected need for
organized service in the area to be served by the
proposed District.
(b) The existing service in
the area to be served by
the proposed District is not adequate
for present
and projected needs;
(c) Adequate service is not, and will not be,
available
to the area through the Town, the County,
or other
existing municipal or quasi-municipal corporations,
including existing special districts,
within a
reasonable time or on a comparable basis;
(d) The proposed special district
is capable of
providing economic and
sufficient service to the
area within its proposed boundaries;
(e) The area to be included
in the proposed District
has, or will have
the financial ability to
discharge the proposed indebtedness on a reasonable
basis;
(f) The facility and service standards of the proposed
District are compatible
with the facility and
service standards of the Town;
(g) The proposal is in substantial compliance with the
applicable master plan;
2
.
.
(h) The proposal is in compliance with any duly adopted
water quality management plan for the area; and
(i) The creation of the proposed District
will be in
the best interests of
the area proposed to be
served.
Section 6 . That the Service
plan of the proposed
Maryvale Residential Metropolitan District is hereby conditionally
approved subject to the following conditions, which conditions are
hereby agreed to by the Board of Trustees of the Proponent:
(a) The Town will conduct further review of the Service
Plan in conjunction with the Town's review of the Proponent's
proposed annexation of additional lands to the Town and its
proposed amendment to the Planned Development District
Plan
for the Maryvaleproject, which process may include further
public hearings concerning the Service Plan and which may not
be completed until February, 1997.
(b) In connection with such review, the Town may require
the Proponent to submit additional information relating to the
Service Plan or to modify the terms of the Service Plan. For
example, and not by way of limitation, the Town may require
the Proponent to modify the Service Plan to limit or restrict
the types of services the District may provide in its service
area, to require Town approval for
certain actions by the
District, and to require the District
to comply with all
provisions of the Planned Development District Plan for the
Maryvale project, as the same
may be amended from time to
time.
(c) Upon completion of such further review, the Board of
Trustees shall take final action
on the Service Plan by
resolution, either granting final approval
of such Plan or
disapproving the same. It is agreed that such final action
taken by the Board shall be
in its sole and absolute
discretion, and shall be final and conclusive with respect to
the proposed organization of the
District. The Proponent
expressly waives any right to
judicial review pursuant to
Section 31-1-206, Colorado Revised Statutes, as
amended, in
the event the Board does not
grant final approval of the
Service Plan.
(d) The Proponent shall not obtain an order of the Grand
County District Court providing for the establishment of the
proposed District, unless and until the Board of Trustees has
adopted a further resolution granting final approval of the
Service Plan, as provided in Subsection
6(c) above, and a
certified copy of such resolution is filed with the Court. If
no such resolution granting final approval
is adopted and
filed on or before March 1, 1997, or if the Board of Trustees
takes final action disapproving such
Service Plan and a
certified copy of the resolution of disapproval is filed with
3
ýÿ
, .
.
.
the Court, then the proceedings for organization
of the
proposed District shall be dismissed.
(e) The Board of Trustees and the Proponent shall enter
into a stipulation to be filed with the Grand County District
Court with the petition for organization of
the proposed
District, which shall request the Court's
approval of the
procedure and conditions relating to the Board's final action
on the Service Plan and entry of the order establishing the
District, as provided herein. If, for any reason, the Court
rejects such stipulation or if it is not approved by the Court
on or before October 15, 1996, then the Board's conditional
approval of the Service Plan shall be deemed withdrawn and the
Proponent shall cause the organizational proceedings
to be
dismissed.
Section 7. That a certified copy of this Resolution be
filed in the records of Grand County and forthwith be submitted to
the Proponent for the purpose of filing in the District Court of
Grand County for further proceedings and the proposed call of an
election to be held on November 5, 1996
concerning the
organization, election of the first board of directors, submission
of public questions, and funding of the District. The Town hereby
approves the call and holding of such
election subject to the
conditions on the approval stated herein.
ADOPTED AND APPROVED this 28th day of August, 1996.
TOWN OF FRASER, COLORADO
(S E A L) \,._~~~(:St~~:'VCA__~C'(~~. \\zc.v----
Mayor _I,,1:? 1_ i ('..~,
ATTEST:
I#t1filL J tJ
T Clerk ........
APPROVED AND ACCEPTED BY THE PROPONENT:
MARYVALE, L.L.C.
::{J It
~ "o~('~\L ~ r.t\.ihq ) 1"i1'.
Manager
Manager
4
. .- . .
fTJ/fItYVI1U L1f.., ^-~~~j~
a;r - /L(~-
r<,~ F: Nlfdbr
;11W1t6EtZ
,
~
./
t ~ .
.
R~.s.Qld!JTIQN QE 8.E.ERQY8ld
WHEREAS, pursuant to the
provisions of Title 32,
Article 1, Part 2, C.R.S. as amended, the Board of Trustees of the
Town of Fraser, Grand County, Colorado, held a public hearing on
the Service Plan of the proposed Maryvale Commercial Metropolitan
District on the 28th day of August, 1996; and
WHEREAS, Notice of the Hearing was duly published in The
Manifest, a newspaper of general circulation within the Town, on
August 21, 1996, and notice was forwarded to the Petitioners, the
Division of Local Government, the State Auditor, and the governing
body of each municipality and special district which has levied an
ad valorem tax within the next preceding tax year and which has
boundaries within a radius of three miles of the proposed District,
all as hereby ratified and approved by the Board of Trustees; and
WHEREAS, the Board of Trustees has considered the Service
Plan and all other testimony and evidence presented at the Hearing;
and
WHEREAS, the petitioners and proponent, Maryvale, L.L.C.,
(Maryvale L.L.C. is also referred to as "Proponent") did provide
satisfactory evidence that all owners within the proposed special
district are the Proponent or represented thereby; and
WHEREAS, it appears that the Service Plan may be approved
with certain conditions, as permitted by Section 32-1-204.5(1) (c)
of the Colorado Revised Statutes;
WHEREAS, the Proponent has requested conditional approval
of the Service Plans for both the Maryvale Residential Metropolitan
District and the Maryvale Commercial Metropolitan District;
THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO:
Section 1. That the Board of Trustees
of the Town of
Fraser, Colorado, does hereby determine
that all of the
requirements of Title 32, Article 1, Part 2, C.R.S.
, as amended,
relating to the filing of a Service Plan for the proposed Maryvale
Commercial Metropolitan District have been
fulfilled and that
Notice of the Hearing was given in the time and manner required by
the Board of Trustees.
Section 2. That the Board of Trustees
of the Town of
Fraser, Colorado, has jurisdiction over the subject matter of this
proposed special district pursuant to Title 32, Article 1, Part 2,
C.R.S. , as amended.
Section 3. That the Board of Trustees and the Proponent
agree that the Town has been
afforded insufficient time to
thoroughly review the Service Plan. The Proponent, however,
has
requested the Town to grant conditional approval
of the, Service
Plan to allow the Proponent to hold an election on November 5, 1996
to approve the organization of the District, elect Board members,
approve financial ballot issues pursuant to Article X, Section 20
, , .
.
of the Colorado Constitution, and related
questions. The
conditions on the approval are set forth in Section 6 below.
Section 4. By its approval
and acceptance of this
Resolution, the Proponent agrees to indemnify and hold harmless the
Town of Fraser, its officers and employees, (collectively "Town"),
from and against any and all liability
or loss, including
reasonable attorney fees and litigation expenses, resulting from
any claim or demand made upon the Town arising from or relating to
the organizational process employed for
the organization of the
Maryvale Residential Metropolitan District and
the Maryvale
Commercial Metropolitan District. It is further understood and
agreed that the Town is relying on, and does not waive or intend to
waive by any provision of this Resolution, the monetary limitations
or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. 24-10-101,
et seq., as
from time to time amended, or otherwise available to the Town, its
officers, or its employees.
Section S. That, subject
to further review of the
Service Plan, and subject to the conditions set forth in Section 6
below, the Board of Trustees of the Town of Fraser, Colorado, does
hereby find and determine that:
(a) There is sufficient existing and projected need for
organized service in the area to be served by the
proposed District.
(b) The existing service in
the area to be served by
the proposed District is not adequate
for present
and projected needs;
(c) Adequate service is not, and will not be,
available
to the area through the Town, the County,
or other
existing municipal or quasi-municipal corporations,
including existing special
districts, within a
reasonable time or on a comparable basis;
(d) The proposed special
district is capable of
providing economic and
sufficient service to the
area within its proposed boundaries;
(e) The area to be included
in the proposed District
has, or will have
the financial ability to
discharge the proposed indebtedness on a reasonable
basis;
(f) The facility and service standards of the proposed
District are compatible
with the facility and
service standards of the Town;
(g) The proposal is in substantial compliance with the
applicable master plan;
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(h) The proposal is in compliance with any duly adopted
water quality management plan for the area;
and
(i) The creation of the
proposed District will be in
the best interests
of the area proposed
to be
served.
ection 6. That the
Service plan of the
proposed
Maryvale C mmercial Metropolitan District is hereby conditionally
approved s bject to the following conditions, which conditions are
hereby agr ed to by the Board of Trustees of the Proponent:
a) The Town will conduct further review of the Service
Plan . n conjunction with the Town's review of the Proponent's
propo ed annexation of additional lands to the Town and its
propo ed amendment to the Planned Development
District Plan
for t e Maryvale project, which process may include further
publi hearings concerning the Service Plan and which may not
be co pleted until February, 1997.
b) In connection with such review, the Town may require
the P oponent to submit additional information relating to the
Servi e Plan or to modify the terms of the Service Plan. For
examp e, and not by way of limitation, the Town may require
the P oponent to modify the Service Plan to limit or restrict
the t es of services the District may provide in its service
area, to require Town approval
for certain actions by
the
Distr ct, and to require the
District to comply with all
provi ions of the Planned Development District Plan for the
Maryv Ie project, as the same
may be amended from time
to
time.
Upon completion of such further review, the Board of
es shall take final
action on the Service Plan
by
tion, either granting final
approval of such Plan
or
roving the same. It is
agreed that such final action
by the Board shall
be in its sole
and absolute
discr tion, and shall be final and conclusive with respect to
the p oposed organization of
the District. The
Proponent
expre sly waives any right to
judicial review pursuant to
Secti n 31-1-206, Colorado Revised Statutes, as
amended, in
the e ent the Board does not gr
ant final approval of
the
Servi e Plan.
d) The Proponent shall not obtain an order of the Grand
District Court providing for the establishment of the
ed District, unless and until the Board of Trustees has
d a further resolution granting final approval of the
e Plan, as provided
in Subsection 6(c) above,
and a
certi ied copy of such resolution is filed with the Court. If
no su h resolution granting final
approval is adopted and
filed on or before March 1, 1997, or if the Board of
Trustees
takes final action disapproving such
Service Plan and
a
certi ied copy of the resolution of disapproval is filed with
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the Court, then the proceedings for
organization of the
proposed District shall be dismissed.
( e) The Board of Trustees and the Proponent shall enter
into a stipulation to be filed with the Grand County District
Court with the petition for organization
of the proposed
District, which shall request the Court's
approval of the
procedure and conditions relating to the Board's final action
on the Service Plan and entry of the order establishing the
District, as provided herein. If, for any reason, the Court
rejects such stipulation or if it is not approved by the Court
on or before October 15, 1996, then the Board's conditional
approval of the Service Plan shall be deemed withdrawn and the
Proponent shall cause the organizational proceedings
to be
dismissed.
Section 7. That a certified copy of this Resolution be
filed in the records of Grand County and forthwith be submitted to
the Proponent for the purpose of filing in the District Court of
Grand County for further proceedings and the proposed call of an
election to be held on November 5,
1996 concerning the
organization, election of the first board of directors, submission
of public questions, and funding of the District. The Town hereby
approves the call and holding of such
election subject to the
conditions on the approval stated herein.
ADOPTED AND APPROVED this 28th day of August, 1996.
TOWN OF FRASERrQ~~RADO
(S E A L) \'''~\ .Q~ \r<AC, 'E:::,).
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Mayor - p,~ (' If:"\-'\
APPROVED AND ACCEPTED BY THE PROPONENT:
MAR:rAL~L.LoC.
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2-. ,cl tCC~L~J~ 1.(11
Manager
Manager
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