Marin Town & Country Club

This is copy of the petition used to gather signatures in order to bring the property up for vote by the Felsons.

- for history information purpose only.

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS The Town Attorney of Fairfax has prepared the following title and summary of the chief purpose and points of the proposed initiative measure: TITLE: GENERAL PLAN AND ZONING ORDINANCE AMENDMENTS CHANGE IN LAND USE DESIGNATION AND ZONING OF MARIN TOWN AND COUNTRY CLUB PROPERTY FROM "COMMERCIAL RECREATION" TO "CONDITIONED PLANNED DEVELOPMENT DISTRICT." SUMMARY:

This proposed initiative measure would amend the Fairfax General Plan and Zoning Ordinance by changing the present land use designation and zoning on the subject property. The measure would: (1)Create a Marin Town and Country Club CPDD Zone which would allow new uses limited to single family residences, not exceeding 79 units; related common residential use facilities; open space; and community uses, as described in section 1 of the proposed ordinance. Residential development would be limited to a portion of the Marin Town and Country Club CPDD Zone, as generally depicted on the illustration attached to the proposed ordinance, and made a part thereof. Paragraph 3 of the proposed ordinance references "recreational uses as described in Section 1" which are not de~lned as such in Section 1. (2)As a condition of the approval of any plan for residential development in the Marin Town and Country Club CPDD Zone, the Fairfax Planning Commission and Town Council would require the dedication, by conveyance of fee interest to the Town of Fairfax of 14 acres of land, as generally depicted on the illustration attached to and made a part of the ordinance for the preservation of open space and such other community uses, including the community use described in Section 1 of the ordinance, as may be recommended by the Fairfax Planning Commission and approved by the Town Council. (3)As a condition of approval of a residential development plan for the Marin Town and Country Club CPDD Zone, the Planning Commission and Town Council would require a private capital contribution in the amount of $500,000.00 to be placed in a dedicated public account for the funding of such community recreational facilities on the dedicated property as may be undertaken by the Town of Fairfax upon the recommendation of the Fairfax Planning Commission and approval by the Town Council. No construction, or additional funding, of community recreational facilities would be required as a condition of the approval of a residential development. (4)The Land Use Element of the Fairfax Area General Plan would be amended consistent with the change in the zoning classification of the area from the existing Commercial Recreation designation to the Marin Town and Countly Club Conditioned Planned Development District designation. The zoning map maintained pursuant to the provisions of Section 17.08.020 of the Fairfax Town Code would be updated to show this zoning change. (5)Review and approval of any proposed plan for residential development in the new Marin Town and Country Club CPDD Zone would be conducted in accordance with the provisions of Chapter 17.58 of the Fairfax Town Code (the Planned Development District Zone Ordinance) and other applicable federal and state laws and local ordinances.

PUBLISHED NOTICE OF INTENT TO CIRCULATE PETITION

Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the Town of Fairfax for the purpose of adopting an ordinance rezoning the Marin Town & Country Club property from its present Commercial Recreation Classification to a Conditioned Planned Development District Classification. A STATEMENT OF THE REASONS OF THE PROPOSED ACTION AS CONTEMPLATED IN THE PETITION IS AS FOLLOWS: Passage of this initiative would provide for the creation of a 14-acre community park on approximately 60% of the 23.5-acre Marin Town & Country Club site. Authorized park facilities would include a public swimming pool, shower and changing rooms, a youth soccer field and a Little League ball field to be funded with a private contribution of $500,000.00 which would be a condition of any residential development plan approved by the Town of Fairfax for the remainder of the site. A portion of the park would also be dedicated as permanent open space. The initiative would also allow the building of up to 79 single family detached homes on the remaining 9.5 acres, the current site of 40 cabins used as residential units.

/S/ JackFelson Claire Felson

The People of the Town of Fairfax do ordain as follows:

Section 1: PURPOSE AND INTENT. The location and characteristics of the Marin Town and Country Club property, an area of approximately 23.5 acres, are especially well-suited to planned development providing for a mixture of single-family residences, open space preservation and community uses, including but not limited to a community park with a public swimming pool, shower and changing rooms, a youth soccer field, and a Little League ball field. The reclassification of the area from its current Commercial Recreation zoning to Conditioned Planned Development District ("CPDD") zoning, as provided in this ordinance, responds to the Town's housing needs in a manner consistent with the Housing Element of the Fairfax General Plan, and will also promote the preservation of open space and other community uses.

Section 2: MARlN TOWN AND COUNTRY CLUB CPDD ZONE. Upon adoption of this ordinance, the real property within the Town of Fairfax commonly known as the Marin Town and Country Club, as shown on the Town of Fairfax 1991 Zoning Map, and more specifically described as Marin County Assessor Parcel Numbers 2-131-10 and 2-131-11, shall be rezoned from the existmg Commercial Recreation designation to the Marin Town and Country Club Conditioned Planned Development District Zone.

Section 3: ALLOWED USES. New uses permitted in the Marin Town and Country Club Conditioned Planned Development District Zone shall be limited to single-family residences, not exceeding 79 units; related common residential-use facilities; open space; and community uses, including recreational uses as described in Section 1 of this ordinance. Residential development shall be limited to a portion of the Marin Town and Country Club CPDD Zone, as generally depicted on the illustration attached hereto and made a part of this ordinance.

Section 4: OPEN SPACE REQUIREMENT. As a condition of the approval of any plan for residential development in the Marin Town and Country Club CPDD Zone, the Fairfax Planning Commission and Town Council shall require the dedication, by conveyance of fee interest to the Town of Fairfax of 14 acres of land, as generally depicted on the illustration attached hereto and made a part of this ordinance, for the preservation of open space and such other community uses, including the community uses described in Section 1 of this ordinance, as may be recommended by the Fairfax Planning Commission and approved by the Town Council.

Section 5: PUBLIC FACILITY FUNDING REQUIREMENTS. As a condition of the approval of a residential development plan for the Marin Town and Country Club CPDD Zone, the Fairfax Planning Commission and Town Council shall require a private capital contribution in the amount of $500,000.00 to be placed in a dedicated public account for the funding of such community recreational facilities, on the dedicated property as may be undertaken by the Town of Fairfax upon the recornmendation of the Fairfax Planning Cornmission and approval by the Town Council. No construction, or additional funding, of community recreational facilities shall be required as a condition of the approval of a residential development.

Section 6: DEVELOPMENT PLAN REVIEW AND APPROVAL PROCESS. Subject to the specific limitations and conditions set forth in this ordinance, the review and approval of any proposed plan for residential development in the Marin Town and Country Club CPDD Zone shall be conducted in accordance with the provisions of Chapter 17.58 of the Fairfax Town Code (entitled "PDD Planned Development District Zone") and all other applicable federal and state laws and local ordinances.

Section 7: FAIRFAX GENERAL PLAN AND ZONING MAP AMENDMENTS. The Land Use Element of the Fairfax Area General Plan is hereby amended consistent with the change in the zoning classification of the area from the existing Cornmercial Recreation designation to the Marin Town and Country Club Conditioned Planned Development District designation. The zoning map maintained pursuant to the provisions of Section 17.08.020 of the Fairfax Town Code shall be updated to show this zoning change.

Section 8: SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance.

- 1997, 98