Resolution Number 98-05

Lifted May 06, 1999

A resolution by the Board of Trustees of the Town of Deer Trail to restrict new construction submission and development pending the adopting of a comprehensive plan and other land use ordinances. 

Whereas, the Town of Deer Trail, (hereinafter referred to as the "Town), located in the County of Arapahoe and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and

Whereas, the Board of Trustees of the Town of Deer Trail, hereinafter referred to as the "Board" has determined that the Town faces potential growth and development that may strain the existing water sources available to the Town, as well as other infrastructure requirements; and

Whereas, the Board wishes to encourage reasonable growth of the Town, but under such circumstances and conditions as will not harm existing homes and businesses, and which growth will be paid for by the growth, itself, as it happens; and

Whereas, the Board is presently formulating a means of determining the wishes of the citizens of the Town concerning growth and other land use issues; and

Whereas, depending upon the input received from the citizens of the Town and the facts and other relevant matters reviewed and considered by the Board, after discussion and hearing as applicable, the board may adopt a comprehensive plan (or master plan) and will consider the adoption of various ordinances concerning land use including building codes, annexation ordinances, subdivision ordinances, and other relevant land use regulations; and 

Whereas, the Board deems it to be in the best interests of the citizens of the Town to prohibit new construction, annexation, and subdivision related to the Town until such time as the land use policy for the Town can be formulated and the water situation resolved.

It is therefore resolved by the Board of Trustees of the Town of Deer Trail Colorado:

  1. Upon the effective date of the adoption of this Resolution new construction, development, and subdivision requests or attempts within the Town of Deer Trail shall not be allowed until such time as the Board has addressed all land use issues referred to above.
  2. Further, upon the effective date of the adoption of this Resolution, petitions for annexation shall not be considered until such time as the Board has developed a comprehensive or master plan, as required by statute, and addressed all land use issues referred to above. 
  3. This prohibition shall not apply to remodel projects, minor improvements, or additions to existing structures within the Town. However, upon a showing of good cause, hardship, or extenuating circumstances, the Board may review and approve construction within the Town, on a case-by-case basis.
  4. The Board shall proceed with the water study and an adoption of a comprehensive plan with all due speed.

The Board of Trustees of the Town of Deer Trail has determined that this resolution is necessary to the immediate preservation of the public health and safety in that construction of new homes or business within the Town and or subdivision and development within the Town or annexation of properties into the Town without full knowledge of the Towns present ability to provide Municipal services or the presence of a comprehensive plan will be detrimental to the existing citizens and future of the Town. The Board therefore determines that this resolution shall take immediate effect and be enforceable upon passage. 

Adopted and Approved this Fifth day of May 1998.

LeRoy A Koch, Mayor

Attest: Jessica E. Stoumbaugh, Town Clerk