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Resolution Number 99-12

A resolution by the Board of Trustees of the Town of Deer Trail to restrict new construction, subdivision and development pending the adoption of land use ordinances, i.e. Buidling Codes. 

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 and sanitary waste 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, based 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 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 and sanitation 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 addressed all land use issues referred to above. 
  3. This prohibition shall 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 and remodeling within the Town, on a case-by-case basis.
  4. The Board shall proceed with the water and sanitary waste studies with all due speed.

The Board of Trustees of the Town of Deer Trail has determined that this resolution in necessary to the immediate preservation of the public health and safety in that construction of new homes or businesses 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 will be detrimental to the existing citizens and future of the town. The board therefore determines that the resolution shall take immediate effect and be enforceable upon passage. 

Adopted and approved this day of ___, 1999.

Robert M. Copley, Mayor

Attest: Jessica E. Stoumbaugh, Town Clerk