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HomeMy Public PortalAboutPC Resolution 1982-03-01 The Adoption of Certain Amendments to the Fraser Zoning Ordinance No. 53 Regarding Fees and Charges and Also Regarding Time to File an Appeal from Decisions • • TOWN OF FRASER PLANNING COMMISSION RESOLUTION NO.I~ A RESOLUTION TO RECOMMEND TO THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THE ADOPTION OF CERTAIN AMENDMENTS TO THE FRASER ZONING ORDINANCE NO. 53 REGARDING FEES AND CHARGES AND ALSO REGARDING TIME TO FILE AN APPEAL FROM DECISIONS OF THE BOARD OF ADJUSTMENT. WHEREAS, the Planning Commission has considered certain proposed amendments to the Fraser Zoning Ordinance No. 53 that will impose fees and charges for certain zoning activities of the Town in zoning newly annexed property, rezoning existing Town property, and making appeals to the Board of Adjustment; and WHEREAS, the Planning Commission has reviewed the costs incurred by the Town in handling the administration, processing, enforcement and review of such matters described above, including the fees and charges made by independent contractors to the Town, such as attorneys, planners, and engineers; and WHEREAS, there are now no fees or charges made for the described matter which would reimburse the Town for such expenses. NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE TOWN OF FRASER, COLORADO AS FOLLOWS: 1. That we recommend to the Board of Trustees of the Town of Fraser that it adopt the Exhibits A and B attached Ordinances amending the Fraser Zoning Ordinance No. 53 and for a new Ordinance on Annexation fees to provide for the fees and charges set forth therein for the reasons set forth in this Resolution. DULY MOVED, SECONDED AND ADOPTED BY THE PLANNING COMMISSION OF THE TOWN OF FRASER. DATED : ~ ~...G I-I 19 8 2 . PLANNING COMMISSION OF THE TOWN OF FRASER By C airperson ATTEST: Secr ~ • ~ ~ ~xhlbit "6~" . ~ TOWN OF FRASER ORDINANCE N0. AN ORDINANCE AMENDING ORDINANCE N0. 53 "FRASER ZONING ORDINANCE" TO CHANGE CERTAIN FEES AND CHARGES AND TO PROVIDE FOR CERTAIN ADDITIONAL FEES RND CHARGES AS SET FORTH HEREIN. WHEREAS, the Town of Fraser adopted Ordinance No. 53 entitled the "Fraser Zoning Ordinance"; and WHEREAS, the Town of Fraser Planning Commission has recommended certain changes to said Ordinance No. 53 regarding fees and charges for various matters controlled and regulated by said Zoning Ordinance in order to reimburse the costs of the Town in handling, reviewing and enforcing the Zoning Ordinance; and . WHEREAS, a public hearing has been held on said proposed changes pursuant to public notice having been given as required by Article XI of Fraser Zoning Ordinance No. 53. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT ORDINANCE NO. 53 BE AMENDED AS FOLLOWS: Section 1. Article X, entitled "Board of Zoning Adjustment" shall be amended by the addition of the following new Section 7: Section 7. Fees. All appeals to the Board of Adjustment shall be accompanied by payment of a fee of $75.00 for each separate decision or ruling from which a variance request is being made. Said fee shall not be refunded notwithstanding that applicant has withdrawn such appeal or that such appeal is denied by the Board of Adjustment. Section 2. Section 6, entitled "Appeals from the Board of Adjustment" is amended to read as follows: Section 6. Appeals From the Board of Adjustment. Every decision of such Board shall be subject, however, to review by certiorari by the District Court of Grand County, and as provided by law. Such appeal shall be filed not later than thirty (30) days from the final action taken by the Board of Adjustment. Such appeal may be r%' • • ,t ~..3'. t : i r,, , i~7 TOWN OF FRASER ORDINANCE N0. AN ORDINANCE TO PROVIDE FEES AND CHARGES FOR ANNEXATION OF PROPERTY TO THE TOWN OF FRASER WHEREAS, the Board of Trustees of the Town of Fraser has found that there are various costs to the Town in annexing property to the Town, and has determined that it would be in the best interests of the citizens and residents of the Town of Fraser that such costs be reimbursed to the Town by the property owners so annexing; and WHEREAS, a public hearing was held on this proposed Ordinance pursuant to public notice having been given; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, AS FOLLOWS: Section 1. For any annexation of property to the Town of Fraser that is not initiated by the Board of Trustees of the Town of Fraser, the petitioner shall, at the time such petition or application for annexation is made, pay to the Town Clerk a fee of $500.00 to pay the administrative costs of the Town in reviewing and processing said petition or application. Section 2. In addition to the fees described in Section 1, if the Board of Trustees determines that the review and processing of such petition or application may cause the Town to incur costs in excess of $500.00, it may require the petitioner or applicant to immediately deposit a sum of money with the Town Clerk to cover such estimated costs. Section 3. No part of the $500.00 fee shall be refunded, notwithstanding withdrawal by the petitioner or applicant of the petition or application, or by the denial of the petition or application by the Board of Trustees or by unsuccessful election. For any deposit of funds for estimated additional costs as provided in Section 2, at the conclusion of the, annexation proceedings, or earlier withdrawal of such petition or application, Fraser shall refund any such fees for which Fraser has not incurred costs. ýÿ ~ ~ i Section 4. Severance Clause. If any article, section, paragraph, sentence, clause or phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Board of Trustees hereby declares that~it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid or unconstitutional. Section 5. The effective date of..this Ordinance shall be thirty (30) days after the date of publication of the same, provided it shall have been approved by the Mayor of the Town of Fraser, Colorado. UPON MOTION DULY MADE, SECONDED AND APPROVED, THIS ORDINANCE WAS DULY ADOPTED AND ORDERED PUBLISHED, THIS D~,Y OF , 1982• TOWN OF FRASER ~ ATTEST: By" Richard A. Leonard, Mayor Vicki Winter, Town Cler Ordered published in the Sky Hi News on ? 1982. - 2 -