The Crested Butte News Serving the Gunnison Valley since 1999
—REGULAR PLANNING COMMISSION MEETING—
WEDNESDAY, NOVEMBER 28, 2007 ~ 5:00 P.M.
MT. CRESTED BUTTE TOWN HALL
911 GOTHIC ROAD, MT. CRESTED BUTTE, COLORADO
5:00 P.M. – CALL TO ORDER.
5:05 P.M. – ITEM 1
APPROVAL OF THE OCTOBER 17, 2007 PLANNING COMMISSION MEETING MINUTES. (THERESA HENRY)
ITEM 2
DESIGN REVIEW: FAUST RESIDENCE, LOT 19 OVERLOOK, 16 PEAKVIEW DRIVE, BY JAMES FAUST. (BILL RACEK)
ITEM 3
DESIGN REVIEW: COOPER RESIDENCE, LOT 6 THE SUMMIT, 4 BLACK DIAMOND TRAIL, BY TODD WALKER. (HUNTER DALE)
5:45 P.M. – ITEM 4
4th PUBLIC HEARING ON AN APPLICATION SUBMITTED BY CBMR AND THE TOWN OF MT. CRESTED BUTTE FOR MOUNTAINEER SQUARE NORTH, THE SECOND PHASE OF THE TOWN CENTER PUD III. THE PUBLIC HEARING IS FOR THE CONSIDERATION OF A MAJOR ALTERATION TO A PUD III, REZONING OF ADJACENT LANDS FROM BUSINESS TO PUD III, AND A PRELIMINARY PLAN FOR SUBDIVISION.
OTHER BUSINESS
ADJOURN
This preliminary agenda is placed in the newspaper to notify the public of tentative agenda items for the meeting date noted above. The official posting place for the agenda is the bulletin board in the Mt. Crested Butte Town Hall entry. Please refer to that official agenda for actual agenda items for the meeting date noted above.
If you require any special accommodations in order to attend this meeting, please call the Town Hall at 349-6632 at least 48 hours in advance of the meeting.
Plans for designs to be reviewed at the meeting are available for viewing in the Mt. Crested Butte Town Hall.
Published in the Crested Butte News. Issue of November 23, 2007. #112315
—INVITATION TO BID—
Owner: Reserve Metropolitan District No. 1
Axtel Building
12 Snowmass Road
Mt. Crested Butte, Colorado 81224
Attn: President
Owner is seeking bids for the maintenance of certain improvements, generally consisting of work involving landscape maintenance, infrastructure maintenance, snow plowing and road maintenance. Sealed bids will be received by Owner at the above location until 8:00 a.m. on December 3, 2007. Any bids received after this time will not be accepted and will be returned unopened.
The work to be performed shall be pursuant to a Service Agreement which will expire on December 31, 2018, subject to annual appropriation. Said Service Agreement generally describes the Owner/Manager relationship and specific services to be provided to the Owner. Copies of the Service Agreement in draft form will be available from Owner’s general counsel, White, Bear & Ankele Professional Corporation, at 1805 Shea Center Drive, Suite 100, Highlands Ranch, Colorado 80129 on and after November 1, 2007.
All bids shall be submitted in the form of a written qualification statement which shall include a written demonstration of the bidder’s ability to provide:
1) Winter road maintenance including plowing and sanding of roads and maintaining clear access to water pump station and fire hydrants. Summer road maintenance shall include cleaning drainage structures, road surfaces, guardrails and bridge repairs as needed.
2) Maintenance of landscaping including maintenance of irrigation systems, replacing plant materials as needed, annual mowing of vegetation along road sides and removal of invasive plants.
3) Daily inspections of sewer and water infrastructure including sewer lift stations, water pump station and lines until such time that they are turned over to the Mt. Crested Butte Water and Sanitation District.
Interested parties are required to submit a written statement of qualifications demonstrating an ability to perform the foregoing services by including a statement of:
1) The estimated cost of providing such services on an hourly, unit price or other basis; and
2) A listing of all equipment available to the bidder consisting of materials necessary for completion of the duties as described above; and
3) Such other information as the bidder elects to submit.
Basis of award will be the lowest responsive and responsible bid as determined by Owner. All bidders must be familiar with Title 32 Metropolitan Districts and their governing statutes.
No bids may be withdrawn within a period of thirty (30) days after the date bids are opened. The Owner reserves the right to reject any and all bids or to accept that bid or combination of bids, if any, which, in its sole and absolute judgment will under all circumstances best serve the Owner’s interest.
/s/ Reserve Metropolitan District No. 1
Published in the Crested Butte News. Issue of November 23, 2007. #112312
—INVITATION TO BID—
Sealed bids will be received by Skyland Metropolitan District (Owner) for the Lake Grant Dredging Restoration Project until 5:00 pm Mountain Standard Time on December 5, 2007 at 350 Country Club Drive, Suite 112A, Crested Butte, Colorado 81224, Attn: Frank Alfone, District Manager. This Invitation to Bid cancels the prior Invitation to Bid for this project, which was previously published on November 9 and 16, 2007 in the Crested Butte Chronicle & Pilot.
GENERAL STATEMENT OF WORK
The purpose of the Project is to deepen a portion of Lake Grant to reduce excessive weed growth and maintain its decreed capacity for water storage. The work includes:
1) Removal of sediment from the lake sides and bottom in designated portions of the lake to achieve the new shoreline and lake bottom configuration shown on the Dredging Plans for Phases I and II.
2) Temporary stockpiling of wetland plants and soil from designated access routes along the lake shoreline.
3) Replacement of stockpiled wetland plants and soils to access routes and restoration of the routes following completion of sediment removal from the lake.
4) Disposal of lake sediments at designated disposal areas shown on the Sediment Disposal Plan.
5) Construction and maintenance of measures for water quality protection throughout the construction period.
The work will be completed during late fall and winter of 2007-2008. The water level of Lake Grant will be lowered prior to the work so that work areas will not be under water and will be “dry” to the extent possible.
DOCUMENTS AVAILABLE
Contract documents for Phases I and II are available from the office of the Skyland Metropolitan District at the address listed above starting on November 28, 2007 for a cost of $40 per set. The phone number for the District is 970-349-7411.
QUALIFICATIONS
The Contractor is not required to submit a statement of qualifications along with the bid, but should be prepared to demonstrate their experience for completing the project if asked by the District.
OWNER’S RESERVATION AND AWARD
This Invitation for Bids may be cancelled by the District. The District reserves the right to reject any and all bids.
BID GUARANTEE
Only a certified check, cashiers check or bid bond will serve as an acceptable bid guarantee. If a bid bond is used, it must be on the form provided in the Contract Documents.
Published in the Crested Butte News. Issue of November 23, 2007. #112309
—legal—
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of December, 2007 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Resolution No. 12, Series 2007:
Resolution 12, Series 2007 – A Resolution To Adopt The Mill Levy For The Town Of Crested Butte, Colorado For The Fiscal Year 2008, Beginning The First Day Of January 2008 And Ending The Last Day Of December 2008.
The full text of this Resolution is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007. #112305
—NOTICE OF BUDGET—
NOTICE IS HEREBY GIVEN that a budget has been submitted to Reserve Metropolitan District No.1 for the year of 2008. A copy of such proposed budget has been filed in the accountant’s office of Reserve Metropolitan District No.1 where same is open for public inspection. Such proposed budget will be considered at a meeting of the Board of Directors to be held at Axtel Building, 12 Snowmass Road, Mt. Crested Butte, Gunnison County, Colorado, on Monday, December 3, 2007, at 12:00 p.m. Any interested elector of Reserve Metropolitan District No.1 may inspect the proposed budget at the offices of Robertson & Marchetti, P.C., 28 Second Street, Suite 213, Edwards, Colorado, and file or register any objections at any time prior to the final adoption of the budget.
BY ORDER OF THE BOARD OF DIRECTORS:
RESERVE METROPOLITAN DISTRICT NO.1
By: Ken Marchetti, District Administrator
Published in the Crested Butte News. Issue of November 23, 2007. #112311
—PUBLIC NOTICE—
AGENDA
REGULAR MEETING
CRESTED BUTTE SOUTH METROPOLITAN DISTRICT
WEDNESDAY, NOVEMBER 28, 2007 ~ 6:00 P.M.
280 Cement Creek Road
Approve – Minutes – October 17, 2007– Regular Meeting
Review – Financial Reports – October 2007
Approve – Current Bills – October 2007
UNFINISHED BUSINESS
Consider – Water, Wastewater and Tap Fee Increases
Approve Cancellation – Boyle Engineering Contract
Approve – 2007 Revised Budget
Approve – 2008 General Fund Budget
NEW BUSINESS
Consider – Agreement for Wastewater Treatment Design from JVA Engineering
Manager’s Report
The Board may address individual agenda items at any time or in any order to accommodate the needs of the Board and the audience.
Published in the Crested Butte News. Issue of November 23, 2007. #112313
—NOTICE OF PUBLIC HEARING—
CRESTED BUTTE BOARD OF ZONING AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(630 maroon Ave.)
PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on November 27, 2007, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Ed and Rita Miller to change a previously approved plan to construct a new single-family residence at 630 Maroon Ave. block 53, lots 1-2, zoned R1C.
Additional requirements are: – Permission to demolish an existing non-historic residence is requested. – Architectural approval is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News. Issues of November 16 and 23, 2007. #111612.
—NOTICE OF BUDGET—
NOTICE IS HEREBY GIVEN that a budget has been submitted to Reserve Metropolitan District No. 2 for the year of 2008. A copy of such proposed budget has been filed in the accountant’s office of Reserve Metropolitan District No. 2 where same is open for public inspection. Such proposed budget will be considered at a meeting of the Board of Directors to be held at the Axtel Building, 12 Snowmass Road, Mt.Crested Butte, Gunnison County, Colorado, on Monday, December 3, 2007, at 12:00 P.M. Any interested elector of Reserve Metropolitan District No. 2 may inspect the proposed budget at the offices of Robertson & Marchetti, P.C., 28 Second Street, Suite 213, Edwards, Colorado, and file or register any objections at any time prior to the final adoption of the budget.
BY ORDER OF THE BOARD OF DIRECTORS:
RESERVE METROPOLITAN DISTRICT NO. 2
By: Ken Marchetti, District Administrator
Published in the Crested Butte News. Issue of November 23, 2007. #112310
—Agenda—
Board of Directors Regular Meeting
Monday, December 3, 2007 ~ 6 p.m.
KBUT – 508 Maroon Ave., Crested Butte, Colorado
Crested Butte Mountain Educational Radio, Inc. (KBUT-FM)
A. Call to order
B. Reading and approval of minutes of October 15, 2007
C. General Manager’s Financial & Operations Report David Clayton, General Manager
D. Board members’ reports
E. Fundraising Activities
1. Fall KBUT Bingo Events
2. Winter Film Events
3. Major Gifts Program
F. Old Business
1. FCC NCE Filing Window
2. KBUT Website Status
3. News Programming Status
G. New Business
H. Set next meeting date and time
I. Adjournment
Published in the Crested Butte News. Issue of November 23, 2007. #112314.
—LEGAL—
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of December, 2007 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 31, Series 2007:
Ordinance 31, Series 2007 – An Ordinance Amending Article 5-2 Of The Town
Code Providing For A Temporary Reduction To Certain Portions Of The Business And Occupation Licensing Tax For Fiscal And Calendar Year Of 2008;
And Providing The Automatic Repeal Thereof Effective On The First Day Of January, 2009.
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007. #112307
—LEGAL—
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of December, 2007 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 33, Series 2007:
Ordinance 33, Series 2007 – An Ordinance Amending the Second Amended Guidelines, Rules, Requirements and Administrative Procedures Governing Affordable Housing In Blocks 77 And 78 Of The Paradise Park Affordable Housing Subdivision, Town Of Crested Butte.
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007. #112308
—LEGAL—
PLEASE TAKE NOTICE, that Ordinance No. 28, Series 2007, was passed on second reading and public hearing at a regular meeting of the Town Council of the Town of Crested Butte, Colorado, on Monday, the 19th day of November, 2007 in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado:
Ordinance No. 28, Series 2007- An Ordinance Authorizing the Sale of Ruby Townhouses, Town of Crested Butte.
The full text of Ordinance No. 28, Series 2007 is on file at the Town Offices at 507 Maroon Avenue for public reading and available on the Town website at townofcrestedbutte.com. This ordinance shall become effective five days after the date of publication.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007. #112302.
—NOTICE OF BUDGET HEARING—
2007 PROPOSED AMENDED BUDGET
2008 PROPOSED BUDGET
CRESTED BUTTE SOUTH METROPOLITAN DISTRICT
Notice is hereby given that the Board of Directors of the District will consider the proposed 2007 amended budget and the proposed 2008 budget. That a copy of such 2007 proposed amended budget and the proposed 2008 budget has been filed in the office of Crested Butte South Metropolitan District, 280 Cement Creek Road, Crested Butte, Co. where the same is open for public inspection. That such 2007 proposed amended budget and the 2008 proposed budget will be considered at the regular meeting of the Crested Butte South Metropolitan District to be held at 280 Cement Creek Road, on Wednesday the 28th, day of November 2007 at 6:00 p.m.
Any interested elector of the Crested Butte South Metropolitan District may inspect the 2007 proposed amended budget and the 2008 proposed budget and file or register any objection thereto at any time prior to the final adoption of the budgets by the Board of Directors.
Respectfully submitted,
Jack Dietrich,
District Manager
Published in the Crested Butte News. Issues of October 26, November 2, 9, 16 and 23, 2007. #102603
—LEGAL—
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of December, 2007 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 30, Series 2007:
Ordinance 30, Series 2007 – An Ordinance Adopting The Budget And Appropriating Sums Of Money For The Town Of Crested Butte, Colorado For The Fiscal Year Beginning the First Day of January 2008, And Ending The Last Day Of December 2008, Estimating The Amount Of Money Necessary To Be Derived From Revenue Sources, And Setting Forth The Total Estimated Expenditures For Each Fund.
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007. #112306
—LEGAL—
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of December, 2007 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 32, Series 2007:
Ordinance 32, Series 2007 – An Ordinance Amending Section 14-1-10 Of The 1987 Crested Butte Municipal Code By Increasing The System Development Fees, Otherwise Know As “Tap-In Fees,” To $7,250 Per EQR For Water And $7,250 Per EQR For Sewer; Amending Section 14-1-11 Of The Code By Increasing The Minimum Monthly Service Charge Per Meter For Water Used At A “Base Rate” To $17.50 Per Month Per EQR; Amending Section 14-1-11.3 Of The Code By Increasing Sewer Service Rate To $26.50 Per Month Per EQR.
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007 #112304
—LEGAL—
PLEASE TAKE NOTICE, that a public hearing will be held on the 3rd day of December, 2007 at 7 p.m. in the Town Offices at 507 Maroon Avenue, Crested Butte, Colorado on Ordinance No. 29, Series 2007:
Ordinance 29, Series 2007 – An Ordinance Adopting Changes And Additions To The 2007 Budget And Appropriations Relative To The General Fund, General Capital Fund, Sales Tax Fund, And Affordable Housing.
The full text of this Ordinance is on file at the Town Offices at 507 Maroon Ave., Crested Butte, Colorado for public reading.
TOWN OF CRESTED BUTTE, COLORADO
/s/ Eileen Hughes, Town Clerk
Published in the Crested Butte News. Issue of November 23, 2007. #112303.
—NOTICE OF PUBLIC HEARING—
CRESTED BUTTE BOARD OF ZONING AND ARCHITECTURAL REVIEW
TOWN OF CRESTED BUTTE, COLORADO
(332 Elk Ave.)
PLEASE TAKE NOTICE THAT a public hearing, which may result in the granting of a vested property right, will be held on November 27, 2007, beginning at 6:00 p.m. in the Crested Butte Town Hall located at 507 Maroon Ave. in Crested Butte, Colorado for the purpose of considering the following:
The application of Elk Avenue Partners to renovate and construct an addition to a commercial building located at 332 Elk Avenue, block 27, lots 1-4, zoned B1.
Additional requirements are:
– Permission is required to demolish a portion of an historic building.
– Approval to enlarge a conditional use for a restaurant is required.
– A conditional waiver to enlarge a non-conforming aspect with regard to
west side-yard setback is required.
– Special review classification is required in the B1 zone.
– Payment in lieu of providing 9 off street parking spaces is requested.
– Architectural approval is required.
TOWN OF CRESTED BUTTE
Published in the Crested Butte News. Issues of November 16 and 23, 2007. #111611.
—PUBLIC NOTICE—
Crested Butte South Metropolitan District
The regular meeting of the Board of Directors of the Crested Butte South Metropolitan District scheduled for Wednesday, November 21, 2007, at 6:00 P.M. has been changed to Wednesday, November 28, 2007 at 6:00 P.M.
280 Cement Creek Road.
At this meeting the Board of Directors will consider an increase in:
2007 2008
Tap Fees $10,000 $11,000
Water Service 21.00 30.00 per month
Sewer Service 24.50 33.50 per month
Per E.Q.R. for 2,000 sq.ft.
If passed the proposed increases will take effect on January 1, 2008. Written comments can be filed at the District office, 280 Cement Creek Road or P.O. Box 1129, Crested Butte, CO 81224
For further information please call 349-5480.
Jack Dietrich
District Manager
Published in the Crested Butte News. Issues of November 16 and 23, 2007. #111615.
—NOTICE OF PUBLIC HEARING—
UPON ANNEXATION PETiTION
The Town Council of the Town of Mt. Crested Butte, Colorado, shall hold a public hearing on December 18, 2007, at 6:00 o’clock p.m. at the Mt. Crested Butte Town Hall, 911 Gothic Road, Mt. Crested Butte, Colorado 81225, upon the annexation petition set forth below and incorporated herein by this reference for the purpose of determining and finding whether the area proposed to be annexed in said petition meets the applicable requirements of §§31-12-104 and 31-12-105/ C.R.S., and the provisions of the Town of Mt. Crested Butte Resolution No. 1, Series 1995, and is considered eligible for annexation.
Donna M. Arwood, Town Clerk
Town of Mt. Crested Butte,
Colorado
—RESOLUTION NO. 10—
SERIES 2007
TOWN OF MT. CRESTED BUTTE, COLORADO
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MT. CRESTED BUTTE, COLORADO, FINDING THAT THE ANNEXATION PETITION FILED BY BRUSH CREEK HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE ANNEXATION OF AN 8.87 ACRE PARCEL OF LAND ADJACENT TO THE BOUNDARIES OF THE TOWN OF MT. CRESTED BUTTE TO BE IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF STATE LAW AND THE REQUIREMENTS OF THE TOWN;
SETTING FORTH FINDINGS OF FACT RELATING THERETO; AND SETTING A PUBLIC HEARING UPON SAID PETITION FOR ANNEXATION.
WHEREAS, on October 26, 2007, Brush Creek Holdings, LLC, a Colorado limited liability company, submitted a petition to annex 8.87 acres of land adjacent to the boundaries of the Town of Mt. Crested Butte; and
WHEREAS, statutory procedures for annexation to municipalities are found at C.R.S. 31-12-101, et. seq.; and
WHEREAS, additional procedures and requirements for annexations are prescribed by the Town of Mt. Crested Butte Resolution No. 1, Series 1995;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MT. CRESTED BUTTE, COLORADO, THAT:
Section 1. The Town Council hereby finds that the petition for annexation of 8.87 acres of land adjacent to the boundaries of the Town of Mt. Crested Butte as submitted by Brush Creek Holdings, LLC, a Colorado limited liability company, to be in substantial compliance with the requirements of §31-12-107, C.R.S., and the requirements of the Town of Mt. Crested Butte Resolution No. 1, Series 1995.
Section 2. The Town Council shall hold a public hearing on the petition for annexation on Tuesday, December 18, 2007, at 6:00 o’clock p.m. at the Mt. Crested Butte Town Hall, 911 Gothic Road, Mt. Crested Butte, Colorado 81225.
Section 3. The Town Clerk is hereby authorized and directed to publish notice of the public hearing pursuant to §31-12-108(2), C.R.S.
INTRODUCED, READ, AND ADOPTED at a regular meeting of the Town Council of the Town of Mt. Crested Butte on the 20th day of November, 2007.
TOWN OF MT. CRESTED BUTTE,
COLORADO
By-Christopher Morgan, Mayor
ATTEST:
Donna Arwood, Town Clerk
—PETITION FOR ANNEXATION—
Subject Property: Approximately 9 acre piece of land Iying adjacent to the NW corner of Mt. Crested Butte, formerly known as the “Astronaut Parcel” now owned by Brush Creek Holdings, llc, a Colorado limited liability company.
Petitioner: Gary F. Garland, Managing Member, Brush Creek Holdings, llc.
Pursuant to state statute Article 12, sections 31-12-101 et seq. Petitioner claims the following:
I. It is desirable and necessary that this parcel be annexed to Mt. Crested Butte.
2. The requirements of sections 31-12-104 and 31-12-105 have been met. More specifically, more that one sixth of the perimeter of the parcel area is contiguous to the Town.
3. The signer of this petition comprises a representation of 100% of ownership of the parcel.
4. The Petitioner respectfully requests that the Town of Mt. Crested Butte approve the annexation of the parcel proposed to be annexed.
Signed this 3rd day of October, 2007 by Gary F. Garland, Managing Member of Brush Creek Holdings, llc.
/s/ Gary F. Garland
Brush Creek Holdings, llc
PO Box 1090, Crested Butte, CO 81224
c) 970-209-9000
o) 970-349-7000
AFFADIVIT
I hereby certify and affirm that the signature above is my true legal and usual signature.
/s/ Gary F. GarIand
Additional provisions of Petition for Annexation required by Town of Mt. Crested Butte, Resolution 1, Series 1995:
1. A fee of $1000 plus $100 for each acre sought to be annexed ($900), total submission fee of $1900 accompanies this Petition.
2. A map showing the proposed Land Use Plan for the property is attached and is included as part of this Petition.
3. Municipal services, water, sewer, power and telephone shall be installed within and to this parcel from existing parcels at no cost to the Town. All services shall be paid by the eventual developer of the property in whole, or possibly in conjunction with the Prospect Metropolitan District.
4. The parcel is already within the Mt. Crested Butte Water and Sanitation District. Please see accompanying letter from the District. The District has the capability to service the water and sanitation need of the proposed uses of this property.
5. The parcel is within the boundaries of the Crested Butte Fire Protection District. Please see accompanying letter from the Fire District.
—legal description—
Exhibit A
A part of the E1/2SW1/4NE1/4 of Section 14, Township 13 South, Range 86 West of the 6th P.M., described as follows:
Beginning at a point on the West line of said E1/2SW1/4NE1/4 from which the East one-quarter corner of Section 14 bears South 86°26’ East, 2028.13 feet; thence North 0°05’ East, along the West line of said E1/2SW1/4NE1/4 1245 feet to the Northwest corner thereof;
thence North 89°13’ East, along the North line of said SW1/4NE1/4, 282.7 feet;
thence South 37°15’ East, 195 feet;
thence on a curve to the left, the radius of which is 146 feet and the long chord of which bears South 20°10’ West, 210.64 feet, an arc distance of 235.28 feet;
thence on a curve to the right, the radius of which is 210 feet and the long chord of which bears South 8°05’ East, 129.21 feet, an arc distance of 131.34 feet;
thence South 9°50’ West, 305.5 feet;
thence on a curve to the left, the radius of which is 415 feet and the long chord of which bears South 13°50’ East, 333.17 feet, an arc distance of 342.84 feet;
thence South 69°05’ West, 402 feet, more or less, to the point of beginning,
County of Gunnison, State of Colorado.
—RESOLUTION NO. 1—
SERIES 1995
TOWN OF MT. CRESTED BUTTE, COLORADO
A RESOLUTION ADOPTING REQUIREMENTS FOR PETITIONS FOR ANNEXATION TO THE TOWN OF MT. CRESTED BUTTE, COLORADO; SETTING FORTH THE STANDARDS FOR ACCEPTANCE OF SUCH PETITIONS AND REQUIREMENTS FOR THE STATUS OF PROPERTY PRIOR TO ANNEXATION.
WHEREAS, the Town of Mt. Crested Butte, Colorado, by passage of Resolution No. 7, Series 1991, and Resolution No. 2, Series 1994 has previously adopted standards and requirements for petitions for annexation to the Town in order to provide for the orderly development of the infrastructure of the Town; provide for all future public improvements within the Town to meet the necessary design criteria previously adopted by the Town; and to avoid the cost and expense to the taxpayers of the Town to provide municipal services to areas newly annexed to the Town; and
WHEREAS, the Town Council of the Town of Mt. Crested Butte, Colorado wishes to amend Resolution No. 2, Series 1994 in order to clarify the requirements for land use planning and subdivision development in connection with annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN of MT. CRESTED BUTTE, COLORADO, THAT:
Section 1. Annexation. Annexation to the Town shall be in accordance with Title 31, Article 12, Colorado Revised Statutes, and the term and conditions of this resolution.
Section 2. Petitions. Petitions seeking annexation of land to the Town shall comply in all respects with the requirements and laws of the State of Colorado. In addition, they shall be accompanied by the following:
A. Fees. Each petition for annexation shall be submitted with a non-refundable petition for annexation fee of $1,000.00 plus the sum of $100.00 for each acre of land sought to be annexed. In addition to the above fees, the person submitting such petition shall be responsible for the actual costs of publication and recording fees required by State law or this resolution. In lieu of cash payment of the petition for annexation fees called for herein, the Town may accept the dedication of land or an interest in land, if the Town council determines, in its sole discretion, that the dedication of land would serve a necessary public purpose, and that the value of the proposed dedication is equivalent to the cash amount of fees required herein. A land dedication in lieu of petition for annexation fees shall be in addition to any land dedication which is negotiated in the annexation agreement and which is required by the laws of the State of Colorado or the ordinances of the Town.
B. Land Use Plan. Each petition for annexation of currently undeveloped or unsubdivided properties shall be accompanied by a plan which shall contain a site plan of the area sought to be annexed showing, at a minimum, the existing and proposed roads, drainage basins, and irrigation ditches, the proposed land uses, including specific densities of development, and a zoning plan for the property complying with the Master Plan of the Town of Mt. Crested Butte, Colorado.
C. Extension of Municipal Services. Each petition for annexation shall be accompanied by evidence that all municipal services are capable of being extended to the area sought to be annexed without cost to the Town, or a plan for the extension of the necessary municipal services to the area to be annexed at no cost to the Town.
D. Water and Sewer Service. Each petition for annexation shall be accompanied by proof that the area to be annexed is within the boundaries of the Mt. Crested Butte Water and Sanitation District, and that the Mt. Crested Butte Water and Sanitation District has sufficient water available and capacity for sewage treatment to serve the area sought to be annexed, or proof that an application for inclusion of the area to be annexed within the boundaries of the Mt. Crested Butte Water and Sanitation District has been filed with said District prior to or contemporaneous with the filing of the annexation petition with the Town. If the property to be annexed is not to be included within the boundaries of the Mt. Crested Butte Water and Sanitation District, then the petition for annexation shall be accompanied by a plan detailing the source of domestic or municipal water to serve the area, proof of ownership of any necessary water rights to implement such a plan, a plan of sewage disposal for all uses proposed for the area to be annexed, together with engineering date sufficient to show the compliance of the sewage disposal plan with all federal and state regulations or laws.
E. Fire Protection. Each petition for annexation shall be accompanied by proof that the area to be annexed is within the boundaries of the Crested Butte Fire Protection District or proof that an application for inclusion of the area to be annexed within the boundaries of the Crested Butte Fire Protection District has been filed with said District prior to or contemporaneously with the filing of the annexation petition with the Town. The property sought to be annexed to the Town shall be within the boundaries of the Crested Butte Fire Protection District before final action is taken upon the annexation.
F. Proof of Ownership. Each petition for annexation shall be accompanied by either a commitment for title insurance naming the Town as the proposed insured, issued by a title insurance company licensed to do business in the State of Colorado, or an attorney’s title opinion, signed by an attorney licensed to practice in the State of Colorado, establishing the ownership of the property described in the annexation petition. In either case, the proof of ownership shall be dated not more than sixty days prior to the date of filing the petition for annexation with the Town.
Section 3. Annexation Agreement. Within two weeks of the adoption of a resolution finding substantial compliance of the annexation petition with the requirements of the State Statutes and the terms of this resolution, there shall be submitted to the Town a proposed Annexation Agreement to be binding upon the petitioner, his successors and assigns, and committing the undeveloped or unsubdivided property described in the petition to future development in strict accordance with the Land Use Plan which accompanies the petition, or committing previously subdivided land to compliance with the Town’s development standards.
Section 4. Eligibility for Annexation. In addition to the findings of fact required by State law, in order for property to be eligible for annexation to the Town by petition, the Town Council must first find and determine that the Land Use Plan of the property to be annexed is in full compliance with the Mt. Crested Butte Master Plan; and
A. There exists an economic need of the Town for additional subdivided and developable or developed lands within the Town boundaries; or
B. The proposed annexation will provide the Town with amenities or facilities which are desired by the Town, and which the Town determines justifies the annexation of the property.
Section 5. Final Action on Annexation of Undeveloped or Unsubdivided Land. Prior to consideration of an ordinance annexing undeveloped or unsubdivided property to the Town, the final form of an Annexation Agreement binding the property to future development in accordance with the Land Use Plan shall be agreed upon by the petitioner and the Town. No undeveloped or unsubdivided property shall be annexed to the Town without an Annexation Agreement acceptable to the Town. Contemporaneously with the adoption of the ordinance annexing property to the Town, the Town Council shall adopt an ordinance designating the zoning classifications of the property being annexed, conforming with the approved Land Use Plan for such property, in accordance with Chapter 21 of the Code of the Town of Mt. Crested Butte, Colorado.
Section 6. Final Action on Annexation of Previously Subdivided Land. Prior to consideration of an ordinance annexing previously subdivided property, the final form of the Annexation Agreement providing for compliance with the development standards of the Town shall be agreed upon by the petitioner and the Town. No previously subdivided property shall be annexed to the Town without an Annexation Agreement acceptable to the Town. Said Annexation Agreement shall address, at a minimum, the following issues:
A. Road built to the Town’s specifications and properly dedicated to the use of the public;
B. Installation of water and sewer facilities and acceptance thereof by the appropriate governmental entity;
C. Provision for adequate storm drainage;
D. Dedication of land for public purposes or cash payment in lieu thereof as required by the ordinances of the Town of Mt. Crested Butte;
E. All service and utility lines installed underground in accordance with the requirements of the Town of Mt. Crested Butte;
F. Necessary easements provided for public purposes; and
G. Compliance with all ordinances, resolutions, and policies of the Town of Mt. Crested Butte.
Contemporaneously with the adoption of the ordinance annexing property to the Town, the Town Council shall adopt an ordinance designating the zoning classifications of the property going annexed, conforming with the approved Land Use Plan for such property, in accordance with Chapter 21 of the Code of the Town of Mt. Crested Butte, Colorado.
Section 7. Expiration. All provisions of this resolution must be fulfilled by or before twelve (12) months from the date of acceptance of a petition for annexation.
Section 8. Prior Resolutions. The provisions of this resolutions shall supersede any prior annexation resolution or guidelines previously adopted by the Town of Mt. Crested Butte, Colorado.
INTRODUCED, READ, AND ADOPTED at a regular meeting of the Town Council of the Town of Mt. Crested Butte, Colorado, on the 3rd day of January, 1995.
TOWN of MT. CRESTED BUTTE, COLORADO
/s/ James C. Dunkin, Mayor
Attest:
/s/ Joanne Prince, Town Clerk
Published in the Crested Butte News. Issues of November 16, 23 and 30, and December 7 and 14, 2007. #111613