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HomeMy WebLinkAboutSEPT 1998 - AUG 2000.... .. -· BOT Resolutions for 1999 99-1 TRSF Control of the Cable Television Svstem franchise to AT& T Corn. 01/14/99 99-2 Water Rates and Charaes 01/14/99 99-3 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 01/14/99 99-4 Annexation of the Firestone Trail First Annexation 01/28/99 99-5 Special Use Permit for Patina Oil & Gas Coro. Cavev U24-4Ji & Perrin V20-7Di 02/11/99 99-6 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 02/11/99 99-7 Temporary Use Permit From the N. Colo. Water Conservancv Dist. 02/25/99 99-8 FOP & F Plat for Ridge Crest PUD Filing 1 02/25/99 99-9 Minor Subdivision Plat for Overlook at Firestone 04/08/99 99-10 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 04/08/99 99-11 Special Use Permit for Patina Oil & Gas Coro. Rockv Mtn. Fuel V19-16Ji & V19-6Ji 04/22/99 99-12 F Plat for Overlook At Firestone, Replat "A" 04/22/99 99-13 99-14 99-15 Amended FOP for St. Vrain Ranch Subdivision Filina 1 05/13/99 99-16 Amended Special Use Permit for the Shores Gravel Mining 05/27/99 99-17 Amended ODP for St. Vrain Ranch 05/27/99 99-18 FOP for Coal Ridge Golf Course 05/27/99 Amended Comprehensive Plan 07/22/99 99-19 Substantial Compliance for the Ram Land Annexation 07/29/99 99-20 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 08/12/99 99-21 Water Rates and Charaes 08/12/99 99-22 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 08/26/99 99-23 Temoorarv Use Permit From the N. Colo. Water Conservan"" Dist. 08/26/99 99-24 Substantial Compliance for five Petitions of the Shaw Annexation 08/26/99 99-25 Annexation of the Ram Land Annexation 09/02/99 99-26 Temporarv Use Permit From the N. Colo. Water Conservanr.v Dist. 09/09/99 99-27 Substantial Compliance for the Del Camino Junction Annexation 09/09/99 99-28 Subdivision Replat for St. Vrain Ranch Subdivision Filing 1 & FOP & F Plat for Filing 2 09/23/99 99-29 Establish the Neiahborhood Watch Account as a Fund Account 09/23/99 99-30 Substantial Compliance for the Shaw Annexation 09/23/99 99-31 ldentifv & Recoanize an Annexation Plan 10/14/99 99-32 FOP & F Plat for St. Vrain Ranch Subdivision Filing 4 10/14/99 99-33 Annexation of the Del Camino Junction Business Park Annexation 10/14/99 99-34 FOP & F Plat for Eagle Crest PUD 10/28/99 99-35 Desianating the place for posting BOT Meetina Notices 11/11/99 99-36 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 11/11/99 99-37 FOP & F Plat for Ridge Crest PUD Filing 2 11/11/99 99-38 P Plat & Amended ODP for Monarch Estates 11/11/99 99-39 FOP & F Plat for Del Camino Junction Business Park PUD 11/11/99 99-40 1-25 Corridor Master Drainaae Plan Godding Hollow & Tri-Town Basins 11/11/99 99-41 Adoptina the Budaet 12/09/99 99-42 Lew General Property Taxes 12/09/99 99-43 Establishina Maximum Salaries 12/09/99 99-44 Water Rates and Charaes 12/09/99 99-45 Establishing the Waste Collection Service Chame 12/09/99 99-46 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 12/09/99 99-47 Substantial Compliance for the Shaw Annexation 12/09/99 99-48 Minor Subdivision Plat for the Firestone Soorts Field Site 12/16/99 99-49 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 12/16/99 BOT Resolutions for 1998 98-1 Establishina Maximum Salaries 01/08/98 98-2 Lease Agreement Between with Lavern L. & Karen A Hamilton 01/08/98 98-3 Substantial Compliance for the Shores Annexation 01/22/98 98-4 Master Drainage Plan for Southwestern Weld County 02/15/98 98-5 Temporarv Use Permit From the N. Colo. Water Conservancy Dist. 02/12/98 98-6 Temporarv Use Permit From the N. Colo. Water Conservancv Dist. 02/12/98 98-7 Temporary Use Permit From the N. Colo. Water Conservancy Dist: 02/12/98 98-8 Substantial Compliance for three Hurt Annexations 02/26/98 98-9 Contract between the Town & Calo. Dept of Transportation 02/26/98 98-10 Annexation of the Shores Annexation 03/26/98 98-11 Special Use Permit for Gravel Mining Activities on the Shores Annexation 03/26/98 98-12 Participation in the Weld County Trans. System Impact Fee Study 03/26/98 98-13 Annexation of the three Hurt properties 04/23/98 98-14 Contract between the Town & Colo. Dept of Transportation 05/28/98 98-15 FOP & F Plat for Oak Meadows PUD Filing 1 06/11/98 98-16 Special Use Permit to North American Resources Companv 06/11/98 98-17 FOP for Lot C of the Teets Minor Subdivision 07/17/98 98-18 Temporary Use Permit From the N. Colo. Water Conservancy Dist. 07/23/98 98-19 Amentment to the Dev. Reas. for the Street Name Grid and Policies 07/23/98 98-19 Special Use Permit for Patina Oil & Gas Coro. 08/13/98 98-20 FOP & F Plat for St Vrain Ranch Filing 1 08/13/98 98-21 IGA for an Election reaarding the Reg. Trans Dist. 08/13/98 98-22 Temporary Use Permit From the N. Colo. Water Conservancv Dist. 08/13/98 98-23 IGA for a Coordinated Election 08/13/98 98-24 Water Rates and Charges --08/13/98 98-25 Ballot Issue to a Vote at the Coordinated Election 08/27/98 98-26 Temporarv Use Permit From the N. Colo. Water Conservancy Dist. 08/27/98 98-27 Temporary Use Permit From the N. Colo. Water Conservancy Dist. 08/27/98 98-28 Temporary Use Permit From the N. Colo. Water Conservancv Dist: 09/10/98 98-29 IGA with Weld County, Firestone, Fre.derick Dacono & Erie 09/24/98 98-30 FOP & F Plat for Del Rey Subdivision ~rea 4 10/08/98 98-31 IGA between Firestone & Frederick 10/08/98 98-32 Substantial Compliance for the Crossroads PUD Annexation · 10/22/98 98-33 Ballot Issue in support of the New Municipal Services Buildina 10/22/98 98-34 Addendum to the Aareement between Firestone & Central,Weld Water Dist 11/12/98 98-35 Amendment to the Dev. Regs. to Clarify the Aoolication Fee for Special Use Permits 11/12/98 98-35 Grant Contract w/ Town & Colo. Dept. of Local Affairs for New Municipal Serv. Bldg 12/03/98 98-35 Annexation of the Crossroads PUD Annexation 12/10/98 98-36 Annexation of the Del Camino East PUD Annexation 12/10/98 98-37 Adopt the Budget 12/10/98 98-38 Set Mill Levies 12/10/98 98-39 Establishina Maximum Salaries ' . ' 12/10/98 RESOLUTION NO. ;JflcJ.f A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ZODUCED, READ, ~) , 1998. / AND ADOPTED this Li!?' day of TOWN OF FIRESTONE, COLORADO ~~ RiclcPatterson, Mayor ATTEST: , ~ 0 VI,-,;~ I , ~ . . . "\ -~. T.L. Peterson, Town Clerk RESOLUTION NO. '71;,J'f A RESOLUTION APPROVING AN INTERGOVERNMENTAL COORDINATED PLANNING AGREEMENT AMONG THE COUNTY OF WELD, TOWN OF FIRESTONE, TOWN OF FREDERICK, CITY OF DACONO AND TOWN OF ERIE. WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2) (al and C.R.S. §29-1-201, tl ~. Firestone may cooperate or contract with other municipalities to provide any function, service or facility lawfully authorized to each; and WHEREAS, pursuant to C.R.S. §29-20-101, tl JifilL., Firestone is authorized and encouraged to cooperate or contract with other units of government pursuant to C.R.S. §29-1-201, tl ~. for the purposes of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building and related regulations; and WHEREAS, existing and anticipated pressures for growth and development in areas surrounding the Town of Firestone, Town of Frederick, City of Dacono, and Town of Erie indicate that the joint and coordinated exercise by the County of Weld and these municipalities of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best the interests of the Town and its citizens; and WHEREAS, pursuant to the above-cited authorities, the County of Weld, Town of Firestone, Town of Frederick and City of Dacono have previously entered into an Interim Coordinated Planning Agreement, which agreement was recorded in the Office of the Weld County Clerk and Recorder on April 21, 1997, as Reception No. 2543872; and WHEREAS, the Interim Coordinated Planning Agreement contemplates the development of an additional agreement, as authorized by C.R.S. §29-20-105, among the County of Weld, Town of Firestone, Town of Frederick and City of Dacono; and WHEREAS, consistent with the Interim Coordinated Planning Agreement, there has been proposed a coordinated planning agreement, also referred to as the South Weld County Land use Plan, among County of Weld, Town of Firestone, Town of Frederick, City of Dacono and Town of Erie; and WHEREAS, such proposed agreement is intended to constitute a comprehensive development plan pursuant to C.R.S. §29-20-105; and WHEREAS, the development standards contained within the proposed agreement are intended to be a baseline for development within areas subject thereto, including standards for building height, orientation and design; landscaping; lighting and utilities; setbacks; signs; and street standards; and 1 WHEREAS, the development standards contained within the proposed agreement are intended to accommodate plans by persons who propose developments having standards which are considered to be stricter than those set forth in the agreement; and WHEREAS, the proposed agreement is not intended to limit the Town's authority to require compliance with any duly adopted Town standards which are considered to be stricter than those set forth in the agreement; and WHEREAS, the Board of Trustees finds the proposed agreement is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The Board of Trustees of the Town of Firestone hereby approves that certain intergovernmental agreement proposed among the County of Weld, Town of Firestone, Town of Frederick, City of Dacono and Town of Erie, a copy of which is attached hereto and incorporated herein by this reference, and which agreement is also referred to as the South Weld County Land Use Plan. 2. The Mayor is hereby authorized to execute the attached intergovernmental agreement on behalf of the Board of Trustees of the Town of Firestone, except that the Mayor is hereby further authorized to negotiate and approve such revisions to the intergovernmental agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the intergovernmental agreement are not altered. ~!f{R~~p,. READ, and ADOPTED --,~ ....... '9'~~==_,,A~~~--· 1998. Attest: .. •· this ft,tt, day of TOWN OF FIRESTONE, COLORADO terson ~ ... ,,,,':;,,,::;,, . c·: __ \0,L ·. . ... • .I Town Clerk 092298/1040[ejl]c:Fireoton\WeldIGA.reo 2 ',. 1.0 Uniform Baseline Design Standards 1. 1 Intent: The intent of this intergovernmental agreement is to establish baseline regional standards and a uniform communication process for new development activities in a predefined area in unincorporated Weld County. These standards do not attempt to address every design related issue, rather they emphases eight major design components. These components were specifically chosen based on aesthetic and functional value to the region. Much of the emphasis of these standards is intricately related to major transit corridor patterns . . __ ,_ The success of these standards is attainable only through a recognition of the value and land use authority of each participating community. Only working together can a region. be developed which will accommodate both the land use needs of today and tomorrow. 1111111 llijl 111111 lllll 1111111111111111111 1111111111111 2637539 09/02/1998 11:12A Weld Counly CO 3 of 28 R 0.00 D 0.00 JA Suki Tsukamolo UNIFORM BASELINE DESIGN STANDARDS 1 ' ,, ' I 2.0 Building Height, Orientation and Design 2.1 Intent: The height of buildings is a major factor in defining the character of an area or region. 2.1, 1 2.1 .. 2 Building height can impact important views and view corridors, limit access to sunlight, increase shade, and affect the level of privacy in residential neighborhoods and developments. In some areas, taller buildings mattie appropriate, especially around the 1-25 Interchanges. The interchanges provide an opportunity to cluster higher density development in those areas that have the best vehicular access. Since building height plays a significant role in the establishing the scale and character of an area and/or region, the building placement must be carefully considered with respect to existing structures, topography, and views. 2.2 General Guidelines: The height of a building shall be compatible with its site and existing (or planned) adjacent buildings. The relationship between height and bulk shall be considered in determining where additional height may be appropriate. 2.2.1 All maximums listed below shall require submittal of information needed for revie1Y of the following criteria: 2.2.1.1 Scale of building -combination of height and mass compared to surroundings 2.2.1.2 Views -affect on mountain views and other view corridors 2.2.1.3 Light and shadow -potential of height to affect lighting and shade on surroundings 2.2.1.4 Privacy -potential to affect existing resi_dential uses 1111111111111111111,11 1111111111111111 Ill lllll llll llll 2637539 09/02/1998 11:12A Wald County CO 4 of 28 R 0.00 D 0.00 JA Suki Tsukamoto UNIFORM BASELINE DESIGN STANDARDS BUILDING HEIGHT, ORIENTATION AND DESIGN ....... ~-,-,· ... 2 2.3 Minimum Standards Maximum Building Height (except at 1-25 Interchanges) Residential Commercial Industrial Agricultural (except at 1-25 (except at 1-25 interchanges) interchanges Principal 35' for single 50' 50' 50' Building family ..... ,~ 40' for multi- family Accessory 15' 20' 20' 15' ·.Building ?.3.1 Building Heights around 1-25 Interchanges 2.3.1.1 Buildings within 1,500 feet of 1-25 Interchange right-of-way, as shown in Figure 1, shall be permitted the.following heights: Zone A Zone B Zone C 100 feet 75 feet · 50 feet 1111111 11111111111 IIIII IIIIII Ill lllllll 1111111111111111 2637539 09/02/1998 11:12A Weld Counly CO ! of 28 R 0.00 D 0.00 JA Suki Tsukamolo Figure l TYPICAL 1-25 INTERCHANGE QUADRANT with BUILDING HEIGHT ZONES I -25 Right-of-Way Line .. _____ .... UNIFORM BASELINE DESIGN STANDARDS BUILDING HEIGHT, ORIENTATION AND DESIGN 3 2.3.1.2 Commercial, industrial and multi-family structures should be sited to avoid a "wall" affect along public rights-of-way and along adjacent property lines. Tllis can be achieved by varying the building setbacks and clustering buildings. · . 2.3.1.3 Where multiple buildings are proposed on a development parcel, buildings should be oriented to allow views into the project as well as preserving high quality views through the project, e.g. ·views of the Front Range. 2.3.1.4 Avoid large square or rectangular box like structures by incorporating vertical and horizontal articulation into-the building design. Figure 2 AVOID MONOTONY 1111111111111111 lllll 1111111111111111111 1111111111111 ;37539 09/02/1998 11:12A Weld County CO of 28 R 0.00 D 0.00 JA Suk! Tsukamoto UNIFORM BASELINE DESIGN STANDARDS BUILDING HEIGHT, ORIENTATION AND DESIGN Monotony of design, both within projects and between a!ly.project an~ its surroundings, should be avoided. Venation 1n detail, lorm and siting shall be encouraged to provide visual interest. · NOT THIS 4 3.0 LANDSCAPING 3.1 Intent: Landscaping is extremely important for enhancing the qualify of development in the area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while controlling erosion, reducing glare, moderating temperatures, buffering sounds and blocking or diverting wind. As no single landscaping plan can be prescribed for all developments due to differing land. features, top_ography and soils, these guidelines encourage flexible and creative landscape designs. 3.1.1 Landscaping must be sensitive to the characteristics and maintenance requirements of the planting selected. Plant species that are hardy for the climate and soil conditions in the area, that can tolerate traffic, are resistant to disease and insects and.whose maintenance needs can _be met should be selected. 3.1.2 All improvements should consider the context of the area and the region as a whole as well as people that will use the spaces. The character of this. area is defined by the views of the Front Range of Colorado and large, open expanses of undeveloped land. Development within this area should strive to fit into this open, expansive environment while creating comfortable, functional, enviro~mentally sensitive places. The following landscape standards set minimum requirements for development within the area. 3.2 General Guidelines: 3.2.1 Landscape plans shall utilize the following xeriscape design principles to promote water conservation: 3.2.1.1 well planned and approved planting schemes; 3.2.1.2 appropriate turf selection to minimize the use of bluegrass; 3.2.1.3 use mulch to maintain soil moisture and reduce evaporation; 3.2.1.4 plant materials with similar micro climatic needs and water requirements should be clustered together when designing and installing the landscape improvements; 3.2.1.5 improve the soil with organic matter if needed; 3.2.1.6 provide for efficient irrigation; and, 3.2.1. 7 proper maintenance and irrigation schedules. 111111111111111111 11111111111111111111111111111 IIII IIII 2637539 09/02/1998 11:12A Weld County CO 7 of 28 R 0.00 D 0.00.JA Suki Tsukamoto UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 5 3.2.1.8 The use of native species should be maximized. Where native plant material is not appropriate for the intended use or appearance, species that are regionally adapted and non-invasiv<= may be used. Landscape improvements shall consist of a variety of species to enhance the visual aspect as well as the functional aspect (such as shading, windbreaks, etc.) of the landscaped area. A partial list of appropriate plant materials is attached for use as a guideline. Plant materials that are discouraged in this area include: · Cotton bearing cottonwoods (Populus) Siberian and Chinese Elm (Ulmus) Tree of Heaven (Allianthus) Russian Olive (Eleagnus Angustifolia) · Purple Loosestrife (Lythrum'Salicaria) 3.2.1.9 Fescue, brome/fescue, or other drought tolerant turf types shall be used in lieu of bluegrass, where heavy foot traffic is not anticipated. 3.2:2 Buildings and parking areas should be located in a manner that will preserve existing healthy trees, of desirable species. Where feasible and appropriate, all individual trees, of a desirable species, of 4-inch caliper size or larger, and groupings of small trees shall be preserved. Site design and construction techniques shall be used to minimize the impact on those trees and assure their survival. This requirement is not intended to prevent the removal of unhealthy trees in conjunction with site development: 3.2.3 Whenever the usie of a property to be developed or redeveloped will conflict with the reasonable use of an adjoining property, a buffer zone should be constructed between the two uses. The buffer may be accomplished through the use of a combination of setbacks, berming, plantings and fencing. However, in no event shall a fence be the only screening material used. The buffer shall moderate the impact of noise, light, unattractive visual elements and traffic. Figure 3 LANDSCAPE BUFFER Provide a landscaped Buffer Between Dissimilar Uses 3.2.4 Landscape improvements shall be integrated into the overall site design for each property. New landscaped areas should be designed and constructed in a manner that maximize their connection within the site, as well as to other natural and landscaped areas off-site. Small isolated islands of landscaping should be minimized except as required in parking lots and for screening along_ roadways or adjacent_ properties. UNIFORM BASELINE DESIGN STANDARDS LANOSCAPING I llllll lllll llllll lllll 1111111111111111111 111111111 illl 2637~39 09/02/1998 11:12A Weld Counly CO 8 of 28 R 0.00 D 0,00 JA Suki Tsukamolo 6 3.2.5 In order to provide for ongoing health and appearance of landscape improvements, all landscaping shall be maintained and replaced by the landowner as necessary. The property owner shall be responsible for proper pest control, irrigation, fertilization, pruning and. other maintenance of the landscape. Plant materials exhibiting evidence of insect or disease infestation or other damage shall be appropriately treated. Dead plant material shall be removed and replaced. 3.2.6 Unless the landscape improvements were installed by the County, CityfTown or other public or quasi-public entity, all property owners (or other designated entity e.g. a homeowners association) shall be responsible for maintenance of landscaping with the portion of th_e right-of- way between the back of curb (or edge of shoulder if no curb) and the adjacent property line. 3.2. 7 Landscaping plans should be designed and constructed to minimize the loss of solar access on adjacent properties. 3.3 Minimum Standards: 3.3.1 Minimum Percent of Landscaped Area 3.3.2 All multi-family, commercial, industrial and mixed-use development parcels shall provide a minimum of twenty (20) p·ercent of landscaped area. This area does not include building footprints, the hard surface or landscaped areas of parking lots or driveways. However, it can include sidewalks and other pedestrian paths (not within the parking lot), outdoor plazas, water features and any required landscaped setbacks. 3.3.3 The above landscaped area requirement is in addition to any public land dedication that may be required. 3.4 Landscaping Requirements for Parking Lots 3.4.1 At least ten (10) percent of the area of a parking lot must be landscaped if the lot contains 10 or more ·spaces. This ten (10) percent is in addition to the twenty (20) percent of the entire lot area that must be landscaped. At least seventy-five (75) percent of the required landscape area shall include living plant_ material. 11111111111111111111111 m1111111111111111 1111111111111 2637~39 09/02/1998 11:12A Weld County CO 9 of 28 R 0.00 D 0.00 JA Suki Tsukamoto UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 7 Figure 4 LANDSCAPE AREA A Minimum of 20% of Street the Lot Should be Landscaped L ,,. '" I I • ;:. ·,L Building =='--~~~i,i A Minimum of 10% of I '',i· ;1 ::i; r I the Perking Lot Should be Landscaped 3.4.2 Berming and shrub or tree planting shall be used to screen parking lots from view of the roadway. Berms can vary in height depending on location and proximity of existing trees. Berms shall have smooth transitions from the top of the curb to the setback line so as not to create snow traps, with allowance made for placement o_f the sidewalk. Grading of berms shall not be rough or abrupt. 3.4.3 Landscaping techniques shall be used to alleviate the harsh visual appearance that accompanies parking lots. At least 75 percent of the length of the frontage of the parking lot must be screened. I IIIIII IIIII IIIIII IIIII IIIIII Ill lllllll Ill llllll Ill llll 2637~39 09/02/1998 11:12A Weld Counly CO . 10 of 28 R 0,00 D 0,00 JA Suki Tsukamoto UNIFORM BASELINE DESIGN STANDARDS· LANDSCAPING 8 Figure S PARKING LOT ARRANGEMENT m, Parking lots along the full Ieng!~ of the street frontage are discouraged. ~arking lots located on the sides of buildings are acceptable. Pa.r~ing lots localed behind bullin~s are preferred. Jft\'.;ii >:.ii:;/;; ;, ij}J: . ..:,._,L~-'# ~~LIU 0 :;.:~0;;~1~~~ DESIGN STANDARDS I 111111 11111 11111111111111111 Ill 1111111 Ill 111111 Ill 1111 2637S39 09/02/1998 11:12R Weld Counly CO 11 of 28 R 0.00 D 0.00 JR Suki Tsukamolo g 3.4.4 Loading, service and storage areas visible from the public right-of-way or adjacent properties must be screened with an opaque screen that is an integral part of the building architecture or landscape design. Chain link fencing with slats, tires, or used building materials, are not acceptable screening. Figure 6 SCREEN PARKING LOTS ..... ,. -~1:"":;;i't--~~t.zs~i~d~~~~.d,.., ____ liCi_ Street Bike · Berm Lane Parking Loi 3.5 Special Landscapil)g Requirements Along Primary and Secondary Roadway Corridors 3.5.1 Several roadways serve not only-as travel corridors through the area, but also visual corridors. These roadways play an important roJe in the function and image of the community. The existing Primary Roadway corridors in the area are Interstate 25; State Highways 7 and 52; Weld County Roads 8, 13 and 24; and, Del Camino Parkway. 3.5.2 The existing Secondary Roadway corridors include Weld County Roads 11, 15, 16 and 20. 3.5.3 Other roadway corridors may be designated Primary .or Secondary Corridors in future transportation planning efforts. 3.5.4 Plantings along Primary and Secondary Roadway Corridor right-of-ways should be integrated with the landscaping of the adjacent development. 3.5.5 That portion of a lot in any zone district which abuts a Primary or Secondary Corridor right-of- way shall' be landscaped with a minimum of one 2 ½ inch caliper shade tree, or. one 6-foot minimum height coniferous tree, for every 40 linear feet of street frontage. Trees may be grouped with a maximum distance of 100 feet between trees or groupings, with exceptions made at entrance drives. · 3.5.6 Tree plantings should be clustered or grouped along the landscaped setback to avoid a straight line of trees, unless otherwise appropriate. The effectiveness of the screening shall be increased by planting trees and shrubs in layered beds of two or more rows of plant materials, rather than a single row. A mix of coniferous and deciduous trees and shrubs shall be planted in_ clusters or groupings. UNIFORM BASELINE DESIGN STANOAROS LANDSCAPING I 111111 11111 111111 11111 111111 Ill 1111111 \II 111111 Ill 1111 2637539 09/02/1998 11:12A Weld County CO 12 of 28 R 0.00 D 0_.00 JA Suki Tsukamoto 10 3.5.6.1 The minimum landscape setback along the existing Primary Roadway Corridors of 1-25, State Highway 7, Slate Highway 52; Weld County Roads 8, 1_3 and 24; Del Camino Parkway; (and future Primary Roadway Corridors) and their associated frontage roads shall be fifty (50) feet measured from the planned future right-of-way. Figure 7 LANDSCAPE SETBACKS and TREE SPACING Setback From 1·25 and Principal Roads ..... ,. 40' Min. Setback From Secondary Roads 40. Min. I IIIIII IIIII IIIIII IIIII IIIIII Ill lllllll 1111111111111111 2637~39 09/02/1998 11:12R Weld Counly CO 13 of 28 R 0,00 D 0,00 JR Suki Tsukamolo Street 3.5.6.2 Along the existing Secondary Roadway Corridors of Weld County Roads 11, 15, 16 and 20 (and future Secondary Roadway Corridors) there shall be a minimum twenty- five (25) foot wide landscape setback measured from the planned future right-of-way. 3.5.6.3 For development adjacent to 1-25, a berm should be constructed, along the 1-25 corridor, to a height sufficient to screen elements of the development that lie along the ground plane, (e.g. parking lots, storage areas or other similar site elements) as far as 180 feet from the right-of-way line. Such berms shall have maximum side slopes of 5: 1. The maximum berm height shall be 6' above the existing elevation at the foot of the proposed berm. If additional height of screening is necessary above UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 11 '· ·, the 6' berm, it shall be achieved through dense landscape plantings. Plantings on top of the berms shall be designed to avoid snow traps. A berm may not be required if the subject property is elevated above the roadway and it can be demonstrated that views into the site will not be possible for a distance of 180 feet. 3.5.6.4 Required landscaping and screening within the landscape setback and other portions of the property shall be governed by the landscape standards within this document and any other more restrictive requirements the controlling local jurisdiction might have, i.e. Dacono. Erie, Firestone. Frederick or Weld County. -I IIIIII IIIII IIIIII IIIII IIIIII Ill lllllll 1111111111111111 2637539 09/02/1998_11:12A Weld Counly CO 14 of 28 R 0.00 D 0.00 JA Suki Tsukamolo UNIFORM BASELINE DESIGN STANDARDS LANDSCAPING 12 ,, 4;0 LIGHTING AND UTILITIES 4.1 Intent: Exterior lighting should be designed to meet the functional and security needs of a site or development, without adversely affecting adjacent properties. Lighting should facilitate the convenient and safe use of circulation systems and activity centers, for both pedestrians and vehicles .. Lighting can also be used to enhance the appearance of the site's structures and landscaping. ···-"· 4.1.1 All new electrical, cable and phone utilities should be installed underground to minimize unsightly visual impacts. 4.2 General Guidelines: 4.2.1 All light sources shall be shielded so that light will not shine onto adjacent properties or into the windows of private residential dwellings. 4.2.2 All exterior lighting shall be installed in such a manner that the light source will be sufficiently obscured to prevent excessive glare onto public streets. 4.2.3 The installation of lighting that may be confused with warning signals, emergency signals or traffic shall not be permitted. 4.2.4 Background spaces, such as parking lots, should be illuminated as unobtrusively as · possible to meet functional needs of safe circulation and the protection of people and property. 4.2.5 Foreground spaces, such as building entrances, should use lighting that defines the space without distractions or glare. · 4.2.6 Light standards shall be in scale with the height and use of the related structure and the style of standards and fixtures shall be consistent with the style and character of the use and architecture of the site. 4.2.7 The use of new energy efficient lighting technology, such as solar powered fixtures, is encouraged. 4.3 Minimum Standards: The recommended lighting levels shown below, based on the Illuminating Engineering Society's (IES) guidelines, shall be ·used to-develop a lighting plan for all prnposed uses. UNIFORM BASELINE OESJGN STANOARDS LIGHTING-AND UTILITIES l 111111111111111111111111111111111111111111111111111111 2637539 09/02/1998 11:12A Weld County CO 15 of 28 R 0.00 D 0.00 JA_ Suki Tsukamoto 13 ., 4.3.1 Recommended Lighting Levels (in foot candles -one foot candle is equal to one lumen uniformly distributed over an area of on square foot) Residential Commercial Industrial Agricultural Building Area 0.5 -0.8 1.0 1.0 NIA Walk/Paths 0.2 1.0 0.6 0.2 .. ~.,. Parking Lots 0.6 -1.0 1.0-2.0 0.6-1.0 N/A Street Lighting 0.3 -0.4 0.8-1.2 0.6 -0.9 0.3 -0.4 Loading Docks N/A 2.0 2.0 N/A 4.3.2 Underground Utilities: . All utilities installed as part of new development shall be installed underground. I 111111 11111 1111\l ll\ll 111111 Ill 1111111 Ill 111111 Ill 1111 2637e39 09/02/1998 11:12R Weld Counly CO 16 of 28 R 0.00 D 0.00 JR Suki Tsukamolo UNIFORM.BASELINE DESIGN STANDARDS LIGHTING AND UTILITIES 14 5.0 SETBACKS 5.1 Intent: The setback of buildings, structures, or parking lots along streets and roadways is an important component in creating a visually pleasing and sensitive edge treatment for development. Variation from a uniform building or parking lot alignment along streets and roadways is generally appropriate, to add.interest to the street scape; however, where there is a strong and established character of aligr1ment, it may be more appropriate to align with existing building facades, fences or parking lots. Setbacks can also be used to provide space for buffering structures and/or parking lots from streets and public rights-of-way where needed. 5.2 General Guidelines: In newly developed areas, eiicourage variation of building setbacks to add interest and/or improve the appearance of the street scape, allow for differences in building height and mass, or to accommodate natural or man-made constraints such as topography, existing trees or u\ility lines. 5.2.1 In developed areas, where there is an established and _identifiable setback, new development shall be designed to align with existing setbacks, to the extent practicable. 5.2.2 Setbacks shall be measured from the edge of the future street right-of way. · 5.2.3 Setb_acks .shall be landscaped and where additional screening is needed, berming shall be incorporated into the setback (see Landscaping Section). 5.2.4 Signage placed within landscaped setbacks shall be integrated into the design of the site's frontage and conform to baseline sign standards (see Signs Section). 5.2.5 When above ground utility facilities (i.e. vaults, pedestals, etc.) are proposed within a landscaped setback, such facilities shall be placed in a location and manner that allows for screening of the facilities, while providing adequate access to such facilities. 5.2.6 Locating parking lots between the front of the building and the public right-of-way is ·discouraged, Parking lots should be located on the sides or behind buildings. UNIFORM BASELINE OESIGN STANDARDS 111111111111 \\llll lllll 1111111111111111 Ill 111111 Ill 1111 SETBACKS 2637 !1 39 09102 /1998 11: 12R Weld County CO 15 17 of 28 R 0.00 D 0.00 JR Suki Tsukamoto 5.3 Minimum Standards: The following setbacks shall be required and shall be measured from the edge of future right-of-way and shall apply, whether the setback is a front, rear or side setback: Setbacks from 1-25 Mainline/Frontage Road Residential Commercial Industrial Agricultural Buildings 300' 150' * 150' * 150' , ... ,. Commercial Parking 250' 50' 50' 50'* Lots • The building setback may be reduced to 100 feet if an additional 50' of landscaping is installed, for a total of 100' landscaped buffer (See Landscape Guidelines). 5.4 Setbacks from Primary Roadway Corridors (All designated Primary Roadway Corridors and State Highways 7 and 52, Weld County Roads 8, 13, 24 and Del Camino Parkway) · Residential Commercial Industrial Agricultural Buildings 100' 100' * 100' • 100' Commercial Parking 50' 50' 50' 50'* Lots • The commercial and industrial setbacks may be reduced to 75 feet if an additional 25 feet of landscape buffer is installed. 1111111 lllll llllll lllll 1111111111111111111 111111111 1111 2637539 09/02/1998 11:12A Weld Counly CO 18 of 28 R 0.00 D 0.00 JA Suki Tsukamolo UNIFORM BASELINE DESIGN STANDARDS SETBACKS 16 • 5.5 Setbacks from Secondary Roadway Corridors (All designated Secondary Roadway Corridors and Weld Coun_ty Ro.ads 11, 15, 16, and 20) Residential Commercial Industrial Agricultural Buildings 50' 50' • 50' • 50' Commercial Parking 50' 25' 25' 25'* Lots ••""-'r . 5.6 Setbacks from Existing or Planned Residential.Areas Between New Between Between Between Multi-family New New New and Existing Commercial Industrial Agricultural· SF or MF and Existing and Existing and Existing or Planned or Planned or Planned Residential Residential Residential Buildings 35' 50' * 50' * 25' Parking Lots 1111111 IIIII IIIIII IIIII IIIIII Ill lllllll 1111111111111111 2637e39 09/02/1998 11:12A Weld County CO 19 of 28 R 0.00 D 0.00 JA Suki Tsukamoto UNIFORM BASELINE DESIGN STANDARDS SETBACKS . 17 6.0 SIGNS 6.1 Intent: The following sign controls are intended to protect and preserve the visual quality cif the roadways within Southwest Weld County. The controls are intended to prevent the visual obstruction and interference of vehicular traffic from improperly placed and designed signs. These guidelines address the magnitude, placement and number of signs. 6.2 General Guidelines: 6.2.1 Lighting of signs shall be by indirect illumination only. 6.2.2 No sign shall be erected at or near the intersection of any road(s) or driveways in such a manner as to obstruct free can clear vision of motorist or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal or device. Signs located at an intersection must be outside of the sight distance triangle. 6.2.3 Signage may be incorporated into the landscape design where feasible. 6.2.4 The following signs are prohibited in all districts: 6.2.4.1 Flashing or blinking signs are prohibited 6.2.4.2 Any sign that is erected in such a location as to cause visual obstruction or interference with motor vehicle traffic, or traffic control device including any sign that obstructs clear vision in any direction from any street intersection or driveway is prohibited. 6.2.4.3 Attention attracting devices are prohibited including mechanical or electrical appurtenances, such as "revolving beacons", that are designed to compel attention are prohibited. 6.2.4.4 . Roof signs are prohibited. 6.2.4.5 Any sign other than traffic control signs erected, constructed, or maintained within, over or upon the right-of-way of any road or highway is prohibited. UNIFORM BASELINE DESIGN STANDARDS SIGNS I llllll 1111111111111111 IIIIII Ill lllllll 1111111111111111 2637539 09/02/1998 11:12A Weld County CO 20 of 28 R 0,00 D 0.00 JA,Sukl Tsukamoto 18 6.2.4.6 Off-site advertising signs are prohibited. Signs shall only be erected for the primary use, shall be located on the same lot as the primary use, and shall be associated with the operation of the primary use Figure ·8 SIGN TYPES Billboard (Off-site Advertising) 6.3 Minimum Standards: Free:Standing Maximum sign heights, sign area, and minimum setback req_uirements are as follows: Applicable to all uses that All other streets front 1-25 Maximum Height 25' 25' (for all free standing on- site identification signs) Maximum Square Ft. Area 100 sq.ft. 50 sq.ft. Minimum Setback 25' 5' I 11111111111111111 Hiil llllll Ill lllllll 1111111111111111 2637~39 09/02/1998 11:12A Weld Counly CO 21 of 28 R 0,00 D 0,00 JA Suki Tsukamolo UNIFORM BASELINE DESIGN STANDARDS SIGNS 19 6.3.1 The sum· of all commercial building identification signs on a given wall shall not exceed 8% of that wall. · · 6.3.1.1 For example, if a building wall is 100 feet long and 15 feet high, for a total of 1500 sq. ft., the total square footage of wall signs cannot exceed 8% of 1500 sq. ft. or 120 sq. ft. 6.3.2 One sign per development complex is permitted. The sign can be either a free- standing sign that is a maximum of 25' in height or a ground mounted monument sign that does not exceed 150 square feet-in area. A development complex is a group of free-standing buildings or buildings · constructed in such a way as to give an appearance of being inter-related due to architectural similarity, interconnected drives, parking areas and/or platting of the development. A development complex includes uses which provide a combined sense of place such as office or business parks, retail centers, industrial parks, apartment complexes and hotels. 6.3.3 One sign per tenant in the development complex is allowed and each development complex should strive to utilize consistent placement, size, and style of sign. For · example, all tenant signs in a development complex should be flush:mounted signs on buildings or projecting signs (signs that project perpendicular from a building) not a combination of the two. 6.3.4 Ground mounted monument signs may be located along arterials at the primary entries to residential, commercial and industrial subdivisions to provide the overall project identity. They should be no greater than 150 square feet in area. The monument sign shall only contain the name of the subdivision and be appropriately landscaped. 1111111 11111111111 lllll 11111111111111111111111111111111 2637539 09/02/1998 11:12A Weld Counly CO 22 of 28 R 0.00 D 0:00 JA Suki Tsukamolo UNIFORM BASELINE DESIGN STANDARDS SIGNS 20 . ': 7.0 STREET STANDARDS 7 .1 Design Standards: 7 .1. 1 Streets and roads constructed within the area should comply with the Colorado State Highway Access Code and with the American Association of Slate Highway _and Transportation Officials' A Policy on the Geometric Design of Highways and Streets. In addition, structural capacity of the streets and roads should be designed in accordance with the Guide for Design of Pavement Structures. 7.2 Right-of-Way and Street P_rofiles: 7.2.2 All designated Major Arterials and Welci'County Roads 8, 13 and 24 and Del Camino Parkway should be designed and constructed in conformance with the street cross- section shown below. 7.2.3 All designated Minor Arterials and Weld County Roads 11, 15, 16 and 20 shall be designed and constructed in conformance with the street cross-section shown below. STREET CROSS SECTIONS Figure 9 17. 6. ~ 0 -0 13. ARTERIAL/ 4 LANE WITH RAISED MEDIAN 24. 12· 13' 6' 17. Setback lrom Curb Bike um, Driving Lane Driving Laoe Raised Median 01 Tum Lanes · Driving Lane · Driving I Bike Lane Lane Setback from Cu1b 4 LANE WITH PAINTED MEDIAN 120' 111111111111111111 ·1111111111111111111111111111111111111 2637539 09/02/1998 11:12R Weld County CO 23 of 28 R 0.00 D 0.00 JR Suki Tsukamoto -o=O· 22' 6' 13' Setback from Bike Driving c,rn Lano Lane UNIFORM BASELINE OESIGN STANDARDS STREETS STANDARDS -O !!El!", 0 12' 14. Driving Median or Lano Tum Lanes 12' Driving Lene 13' Driving La"• ,. Bike 4ine a· Conc:r,1, P.:lestrian,...y 22. Setback from Curb 21 I 8.0 REFERRAL AND ENFORCEMENT PROCEDURES 8.1 Intent: The intent of the referral;and enforcement procedures is to establish a mutually agreed upon process in which all parties agree to abide by. This section delineates administrative responsibilities and corresponding time frames for proper ;enforcement of the IGA. To resolve disputes over the interpretation of the design standards a Joint Board of Appeals has been established. 8.2 Recital: For Purposes of this Outline, a "Refer.ring Government" is the ·government with which the applicant filed his or her application, and that refers the application to others for comment; a "Commenting Government" is a government that files commenis with the Referring Government. A "Review Body" means the body that will be reviewing and making a recommendation or decision on an application for preliminary or final approval, and includes a Planning Commission, Town Council, City Council, and Board of County Commissioners. Other terms have the meanings given to them in the Interim Coordinated Planning Agreement. 8.3 Timeframe for Referrals .8.3.1 Application in the County. For.development proposed to the County within the Urban Growth Area, the County will refer the application to the Municipalities within 7 days after the application is complete. 8.3.2 Application in a Municipality. For development proposed in a Municipality and located within 500 feet of uninccirporated land in County, the Municipality _will refer the application to the County and the other Municipalities within 7 days after the . application is complete. 8.3.3 Multiple Approvals. Where the Referring Government requires an application to be approved at more than one stage -such as preliminary and final approvals of a subdivision or PUD -there shall be a separate referral and comment process for each stage. 8.4 Timeframe for Comments. Referring Governments will allow Commenting Governments at least 21 days to comment before preparing staff report to first review body.· 8.5 Types of Comments. Commenting Governments shall identify whether each of their comments is a "Design Standard Comment" or an "Optional Comment", as described below. 1111111111111111111~11111111 Ill lllllll Ill lllllll II IIII 2637~39 09/02/1998 11:12R Weld County CO 24 of 28 R 0.00 D 0.00 JR Suki Tsukamoto UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES 22 8.5.1 Design Standard Comments. Design Standard Comments are comments that the application is inconsistent with the IGA Design Standards. All such notices must include a statement identifying the IGA Design Standard(s) that has been violated and specifying why the decision violates that design standard(s). 8.5.2 Optional Comments. Optional Comments are comments about any other matter related to the application. 8.6 Response to Comments .... ,. 8.6.1 Design Standard Comments --Timely. If Design Standard Comments are received in a timely manner, the Referring Government shall respond to those comments by either: 8.6.1.1 Requiring that the applicant change.the application to make it consistent with the Design Standards (either before formal review, or through a condition attached to any decision on the application), or; 8.6.1.2 Notifying the Commenting Government in writing, no later than the date of any hearing or action by the Review Body, that it does not agree with the Design Standard Comment, and the reasons for such disagreement. 8.6.2 Design Standard Comments --Late. If Design Standard Comments are received late, but before action by a Review Body, the Referring Governr:nent shall forward those comments to the Review Body, and the Referring Government may --but shall not be required to --respond as described ,n subsection 8.6.1. 8.6.3 · Optional Comments. If Optional Comments are received, and regardless of whether -they are received in a timely manner, the Referring Government may -but shall not be required to -respond as described in subsection 8.6.1. 8. 7 Effective Date of Approvals 8. 7 .1 Seven Day Wait. In order to allow for effective enforcement of the IGA Design Standards, each Referring Government that has received a Design Standard Comment regarding an application shall provide that any action approving the application, or approving it with conditions, shall not become effective until 7 days after the date on which the Review Body takes its action. 8. 7.2 Wait For Appeal. In addition, in the event a Commenting Government initiates an -Appeal pursuant tb subsection 8.9 below, the Referring Government shall provide that any action approving the application, or approving it with conditions, shall not become effective until the IGA Joint Board of Appeals has made a decision on the Appeal. UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES 11111111111111111111111 m11111111111111111111111111111 2637939 09/02/1998 11:12A Weld Counly CO 29 of 28 R 0.00 D 0.00 JA Suki Tsukamoto 8.7.3 Time lines for Rule 106 Actions. The waiting periods set forth in subsections a and b above shall not affect the deadlines for filing actions under Rule 106(a)(4) C.R.C.P. Such actions must be filed no later than 30 days after the date cif the Review Body's decision regardless of whether or not enforcement action is taken pursuant to subsections 8.8 below. 8.8 Enforcement 8.8.1 Disagreement. If one or more Commenting Government(s) has filed a Design. Standard Comment with the Referring Government in a timely manner, and a-Review Body of the Referring Govern merit has acted to approve the application with or without conditions, and such Commenting ·G'overnment(s) believes that the application as approved is inconsistent with the IGA Design Standards, any such Commenting Government(s) may notify the Referring Government in writing, within 7 days after the approval action of the Review Body, that it intends to Appeal the matter. 8.8.2 Timely Notice of Appeal. Notices received more than 7 days after the action of the Review Body shall not be valid to initiate an Appeal. 8.8.3 Consolidation of Appeals. If more than one Commenting Government files a notice of intent to Appeal the same action of a Referring Government, all such Appeals shall be consolidated into a single Appeal for review and consideration. 8.8.4 Review of Appeals. Appeals under this Agreement shall be reviewed by the IGA Joint Bo_ard of Appeals, as defined in subsection 8.9 below, pursuant to the procedures set forth in subsection 8.9 below. 8.8.5 Decision of Consistency. If the IGA Joint Board of Appeals concludes that an application as approved or approved with conditions by a Review Body is consistent with the IGA Design Standards, the Board shall notify the Referring Government and all Commenting Governments of that fact within 30 days after the decision of the Review Body, and no Commenting Government shall have the right to question compliance with the IGA Design Standards or the decision of the Board through court action. 8.8.6 Decision of Inconsistency. If the IGA Joint Board of Appeals concludes that an application as approved by a Review Body is not consistent with the IGA Design Standards, the Board shall notify the Referring Government and all Commenting Governments of that fact within 30 days after the decision of the first Review Body. If the Referring Government does not act to bring the application into compliance with the IGA Design Standards (through the imposition of additional conditions on the approval, or negotiations with the applicant, or any other legal means) within 45 days after receipt of such notice from the Board, any Commenting Government that filed comments on the matter and participated in the Appeal may file suit in a court of competent jurisdiction, and may request that the court enforce the terms of the IGA Design Standards. No such suit may request money damages for a violation of the IGA Design Standards, but the prevailing party shall be entitled to recover attorneys fees incurred in bringing or defending the action. ~:?;~~tE~\f~s~G:J~t~~~~T PROCEDURES I IIIIII IIIII IIIIII IIIII IIIIII Ill lllllll 1111111111111111 2637539 09/02/1998 11:12A Weld Counly CO 26 of 28 R 0.00 D 0.00 JA Suki Tsukamolo 8.9 IGA Joint Board of Appeals 8.9.1 Membership. The IGA Joint Board of Appeals shall be made up of: . 8.9.1.1 One representative from the City of Dacono; 8.9.1.2 One representative from the Town of Erie; • ... Cr 8.9.1.3 One representative from the Town of Firestone; 8.9.1.4 One representative from the Town of Frederick; and 8.9.1.5 One representative from Weld County. 8.9.2 Notice of Membership. The initial representatives from each party shall be named within 30 days after the approval of these Referral and Enforcement Procedures by that party. Each party shall notify the other parties of the name, address, and telephone ·number cif its representative, and _su"ch representative shall serve until the party notifies the other parties in writing of the name, address, and telephone number of a new representative. 8.9:3 Substitute. If a member of the IGA Joint Board of Appeals is not able to attend a meeting of the Board to review an appeal, the governmental entity shall be authorized to designate in writing a substitute to attend and take all actions that the member would be authorized to perform if the member were present. The substitute may bri.ng the writing designating them as a substitute to the meeting of the Board, and need to file such writing with the Board before the _meeting. Substitutes designated in writing shall be treated as members for purposes of this Agreement. 8.9.4 Notice of Appeal. When one or more Commenting Government(s) chooses to initiate an Appeal of the decision of a Referring Government pursuant to subsection 8.8, the Referring Government shall notify all members of the IGA Joint Board of Appeals about such appeal in writing no later than 14 days after the date of the Decision of the Reviewing Body. The notice shall set forth the name(s) of the Commenting Governments initiating the Appeal, and the date, time, and place of the Board meeting to consider the Appeal. The date of such meeting shall be not less than 21 and not more than 29 days after the date of the Review Board's action on the decision being appealed. 8.9.5 Open Meetings. The meetings of the IGA Joint Board of Appeals shall be open to the public, and representatives.of both the Referring Government and the Commenting Government(s) that appealed the adion shall make a presentation as to why they believe the decision appealed is or is not consistent with the IGA Design Standards. UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES I llllll 111111111111111111111111111111111111111111111111 2637339 09/02/1998 11:12A Weld County CO 27 oF 28 R 0.00 D 0.00 JA Suki Tsukamoto ... 8.9.6 Decisions. Following the presentations and any discussion, the Board shall make a cjecision at the same meeting as to whether (i) the application as approved by the Review Body was consistent with the \GA Design Standards, or as consistent as possible in light of unique constraints of the site not created by the applicant, or (ii) the application as approved by the Review Body was not consistent with the \GA Design Standards. 8.9.7 Quorum and Required Votes. At least four members of the Board must be present before the Board may act on any Appeal. The votes of four out of the five Board members shall be required to conclude. that ·any application as approved by a Review Bcidy was not consistent with the \GAJ_l,~sign Standards, provided, however, that if one of the Board members is absent, the vote of three of the remaining four Board members shall be required for such decision. 1111111 IIIII IIIIII IIIII IIIIII Ill lllllll 1111111111111111 2637!39 09/02/1998 11:12A Weld Counly CO 28 of 28 R 0.00 D 0.00 JA Suki Tsukamolo UNIFORM BASELINE DESIGN STANDARDS. REFERRAL AND ENFORCEMENT PROCEDURES '. 26 IN WITNESS WHEREOF, the parties have approved and executed this Agreement on the dates shown below, the effective date hereof being the last date on which a party hereto has approved and executed this Agreement. APPROVED AND EXECUTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO THIS ___ DAY OF _________ 1998. ATTEST: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD George E. Baxter, Chair By: ___ --,,,---,----,--=c----=--~ Deputy Clerk to the Board 27 ,'· ,'. ,•,· APPROVED ANI,fix~:u BY THE T: WN OF FIRESTONE, COLORADO THIS ,:;//;t; DAY OF>~ , 199i. rTOWN OF FIRESTONE, COLORADO • Rick Patterson, .Mayor ATTEST: /~O It;·-.. .. \ ,.... \ .. •, By: .T.L. Peterson, Town Clerk 28 . .. ,, APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THE DAY OF _________ 1998. TOWN OF FREDERICK, COLORADO Edward Tagliente, Mayor ATTEST: By: ----,,------,---,,....,--,,,..-----,,,,...---,---Karen Borkowski, Town Clerk 29 • '••' . ' ·\' APPROVED AND EXECUTED BY THE CITY OF DACONO, COLORADO THE ___ DAY OF _________ , 1998. CITY OF DACONO, COLORADO · Linda D. Stepien, Mayor ATTEST: By: ____ ~~--~-~--~--Nancy Elliott, City Clerk 30 APPROVED AND EXECUTED BY THE TOWN OF ERIE, COLORADO THIS ___ DAY OF _________ , 1998. TOWN OF ERIE, COLORADO Vic Smith, Mayor ATTEST: By: _____________ _ Lisa Mae Marino, Town Clerk 31 ORDINANCE N0.195 IN THE MATTER OF ADOPTING AN INTERIM COORDINATED PLANNING AGREEMENT AMONG THE COUNTY OF WELD, CITY OF DAC9NO, TOWN OF FIRESTONE, AND TOWN OF FREDERICK BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Horne Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and · WHEREAS, Title 29, Article 20, CRS, authorizes and encourages local governments to cooperate and contract with each other for the purpose of planning and regulating the development of land by the joint and coordinated exercise of planning, zoning, subdivisions, building, and related regulatory powers, and WHEREAS, existing and anticipated pressures for growth and development in arec:s surrounding the City of Dacono, Town of Firestone, and Town of Frederick indicate that the joint and coordinated exercise by the County of Weld and said municipalities of their respective planning, zoning, subdivision, building and related regulatory powers in such areas will best promote the objectives stated in this ordinance, and WHEREAS, the Weld County Comprehensive Plan, as amended, contemplates the creation of such agreeme"nts, and . WHEREAS, the attached Interim Coordinated Planning Agreement has been considered and approved by said municipalities, NOW, THEREFORE, BE IT ORDAINED, by the Board of County· Commissioners of the County of Weld, State of Colorado, that the attached Interim Coordinated Planning Agreement among the County of Weld, City of Dacono, Town of Firestone, and Town of Frederick, which shall be irrcorporated by this reference, is and shall be· approved. BE IT FURTHER ORDAiNED by the Board that the Chair is authorized to sign the attached Interim Coordinated Planning Agreement. · BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance.is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted·this Ordinance in each arid every section, subsection, paragraph, sentence, claus~. and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. 970288 ORD195 RE: ORDINANCE NO. 195 PAGE2 The above-and foregoing Ordinance Number 195 was, on motion duly made and seconded, adopted by the following vote 0,1 the 24th day of March, A. D., 1997. ATTEST: Weld County C BY: ~ASTO First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: ,, BOARD OF COUNTY COMMISSIONERS W4NTY, COLORADO . # /-~_d ./George E. Baxter, Chair· · Barbara J. Kirkmeyer IJ 11{}_ hJe1;/qJ W. H~ ebster February 19. 1997 February 27, 1997, in the South Weld Sun March 10, 1997 March 13, 1997, in the South Weld Sun March 24, 1997 March 27, 1997, in the South Weld Sun· March 31, 1997 970288 ORD195 . .. .:--]If • _.. I .. -.. -· RESOLUTION NO. 98-$?.f'::.J'.tJ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR DEL REY SUBDIVISION AREA 4. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Del Rey Subdivision Area 4; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been revie~ed by Town Staff and the Firestone Planning and zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for Del Rey Subdivision Area 4 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for Del Rey Subdivision Area 4 subject to the following conditions: 1. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 2. Prior to Town execution and recording of the Final Plat, Subdivider shall pay to the Town in cash an amount equal to eight percent of the total appraised value of the area to be subdivided. In the event the Town and Subdivider are unable to agree upon such amount, the amount shall be determined by reference to a current, certified appraisal prepared at the Subdivider's expense. 3. The lienholder's consent on the plat shall be revised to read as follows: 1 The undersigned First National Bank of Las Animas, as the beneficiary of two Deeds of Trust which constitute liens upon the owners' property described hereon, and which Deeds of Trust are recorded in the real property records of Weld County, Colorado, in Book 1599 as Reception Nos. 2540847 and 2540848, hereby consents to the dedication of easements as stated hereon and to the dedication and conveyance of fee title to the 30 foot right-of-way for Road 20 as stated hereon, and hereby forever releases the same from the liens created by said Deeds of Trust. 4. Prior to Town execution and recording of the Final Plat, Subdivider shall convey to the Town by special warranty deed the Road 20 right-of-way, free and clear of all liens and encumbrances. 5. An updated title commitment shall be submitted to the Town Attorney prior to recording of the Final Plat, and a title policy shall be provided for the Road 20 right- of-way conveyed to the Town. 6. The second sentence of Note 1 on page 2 of the Plat shall be revised to read as follows: There is hereby dedicated on, over, under and across Outlot A a blanket utility, drainage, and ingress and egress easement for the use of all lot owners, for ingress and egress of emergency vehicles and the provision of emergency services, for maintenance, operation, repair and replacement of public utilities, and for storm drainage runoff. 7. Final homeowners association documents and covenants shall be reviewed and approved by Town Staff prior to execution and recording. 8. The final plat shall be signed on behalf of the Peterson Energy Management Company and the New Consolidated Lower Boulder Reservoir and Ditch Company. If the signature of Peterson Energy Management Company cannot be obtained, the plat shall be revised to eliminate the lot line between lots 11 and 12 and the area included in Lots 11 and 12 shall be designated a tract for which no building permits shall be issued. INTRODUCED, READ, and ADOPTED this id-day ofd~ 1998. Mayor 2 '· • • ATTEST: -<;OW,v ~itf= -0""""' I\ J J •, Town Clerk 101298/1054[sjl]c:Firestaa.\De1Rey.res 3 RESOLUTION NO. ?5/.J/ A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE TOWN OF FREDERICK. WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2) (a) and C.R.S. §29-1-201, tl ~. Firestone may cooperate or contract with other municipalities to provide any function, service or facility lawfully authorized to each; and WHEREAS, pursuant to C.R.S. §29-20-101, et .§.fill.,_, Firestone is authorized and encouraged to cooperate or contract with other municipalities pursuant to C.R.S. §29-1-201, et .§.§.IL., for the purposes of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, an intergovernmental agreement has been proposed between the Town of Firestone and the Town of Frederick; and WHEREAS, the Board of Trustees finds the proposed agreement is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. The proposed intergovernmental agreement, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute the attached intergovernmental agreement on behalf of the Board of Trustees of the Town of Firestone, except that the Mayor is hereby further authorized to negotiate and approve such revisions to the intergovernmental agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the intergovernmental agreement are not altered, and except that the Agreement shall be executed upon its approval by Frederick after notice and a public hearing. /~INTRODUCED, READ, and ADOPTED this /Y~ , 1998. '1,1/; day of 1 TOWN OF FIRESTONE, COLORADO Rick Patterscm Mayor Attest: • Town Clerk 121698/llJl[ojl]c:Fireston\Frediga.reo 2 :\ fTidavi1 or Publication :: :·,\TE OF COLORADO ',',•;!nfy or Weld SS. I ,\. Winkler Ricscl o[uid County of Adam, being duly , ,,,i, uy \hat I am puhliffic:rof FARMER & MJNEB 1;1,•I 1hc same is iii weekly ncwsflpet of general (" • .!.1i,,o w;u rrinu·..d and published m the town of FKFDERICK .,, s•id coumy and nine \hat lhc notice of advcrtisancnt. 11{ which lhc annexed is a We copy hu been pubfuhe.d in ,;,,;(: wcclr.ly newspaper for ONE con:1ecutivc wccb: lMt the notice wu put,fo,hcd in the regular and entire issue of every number of said newspaper during the period and time of puhlicnion of s.a1d notice and in the ncwwpapc:r propc:r and nOl in a supplement thcm:if: that the 6nt publicallOD nf said notice wu contained in the iuuc of uid n~wspapcr bearing the date of f"OVRMBER 25 A,D. 1998 and the lut publication thc~f. in lhe issue of said newspaper, ~aringdatc, the -1filh_ day of NOY EMBER )998, that the said FARMER &MINER hMS been publiJhed conti.nuowly and unintt:nupt.cd]y during lhc period of 11 !cut fifty-two consecutive wccb nelll prior to lhe first issue lhcrcof containing said notice of advcrtisCfflent above referred to: and that said nCw::papct was at lhc time of each of lhe publications of ~aid notice duly qualified for lhat purp0$C within lhc maning of 1n act entitled. ·~An Act·Conccming Legal /\"or.ices, AdvcrtisemenLI and Publications and lhc Fcc:s of Prini.crs ind Publishers thctcof, ind to Repe:al all ACLI and ruU of Acts in Conllict wilh the Provisions of lhis Act· approved Aj>ril 7, 1921, and di amendmcnu thereof, and _panic:ularly u ami::ndcd by an act approved, ,\ , 1923, and an 1oc.1 roved May 13. 1931. Mma.~ Suh.<;cribcd Ind sworn to before me this .lfilh... day of NOYEMPEli. A.D, !998 er~ r,o. nox 12s tr, LUPTON co 80621 .., ... \ JAMIE Y~ARRA .¾ l ·-.·.. --~···· . My Commission Expires December27,2001 Affidavit of Publication STATE OF COLORADO County of Weld SS. I A. Winkler Riesel of 11.id Cwnty of Adanu bc:ing duly sworn, u.y that I am publisher of FARMER & MINER that the same is • wcc.kJy ncws_papc.r of gencnl ~Lion wu printed and published in the town of FREDERI<;K in said coonty and natc that the nClicc of advcn.i~~t, of which the anncacd is a tlUe copy hu boc:n published lD said wcck.ly newspaper for ONE con,ccutivc wCCU: that the notice wu published in the regular ai:td entire~ of cvay ~ha of said newspaper dunng the pcnod and umc of public.ti.on of aud notice and in the newspaper proper and nol in a supplcmc:nt thereof: that the first p.iblicattm of said notice was cont.aincd in the issue of uid newspaper bearing the date of NOVEMBER 25 A.D, 1998 ,ad lh, lut publication thcte0f, i!' the iuuc of said newspaper, bearing date, the ...1filh_ day or NOY EMBER 1998, that the said · FARMER & MINER has been pubWlhcd continuously and unintcnuptcdly during the period of at lcut fifty•two consecutive WCCU next prior to the first issue thc:cof eaitaining u.i.d notice or advcniiemcnt above rcfc:rrcd to: and that said newspaper wu at the time of each of the publi~~ons of said notice duly qualified for that pwposc w!lhin the ffleaning of an act entitled, • An Act Conccnung Legal Notices, Advcrtisc:mcnlS and Publications and the Fcc:s of Printers and Publishers thcft:Of, and to R~I all Acts and Puts of Acts in Conflict with lhc Provtsions of tliil Act~ approved April 7, 1921, and all amcndmcnu thereof, and particularly as amended by an act approved, ,1923.~d~""' od~ Subscribed and sworn to before me this .1filh_ d,y d AP, ]998 . ·-u JJJPTON, co 8Q62t -·-· · My Commission Expires December 27, 2001 TOWN OF FREDERICK, COLORADO RESOLUTION NO. 98-R-22 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE TOWN OF FREDERICK. WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2) (a) and C. R. S. Section 29-1-201, et seq., the Town of Frederick may cooperate or contract with other municipalities to provide any function, service or facility lawfully authorized to each; and WHEREAS, pursuant to C.R. S. Section 29-20-101, et seq., the Town of Frederick is authorized and encouraged to cooperate or contract with other municipalities pursuant to C.R. S. Section 29-1-201, et seq., for the purpose of planning or regulating the development of land including, but not limited to, the joint exercise of planning, zoning, subdivision, building, and related regulations; and WHEREAS, an intergovernmental agreement has been proposed between the Town of Firestone and the Town of Frederick; and WHEREAS, the Board of Trustees finds the proposed agreement is in the best interests of the Town and the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO: 1. The proposed intergovernmental agreement, a copy of which is attached hereto and incorporated herein by this reference, is hereby approved. 2. The Mayor is hereby authorized to execute the attached . intergovernmental agreement on behalf of the Board of Trustees of the Town of Frederick, except that the Mayor is hereby further authorized to negotiate and approve such revisions . to the intergovernmental agreement as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the intergovernmental agreement are not altered. INTRODUCED, READ, and ADOPTED this /0.f~ day of /}ea,111/;,(,,,-1998. TOWN OF FREDERICK, COLORADO ~r!:,'!l'f£a.liiJ_/p ·-------- • ·····------------·----· ------··••.<-. •-•·---· --··-----. -..... INTERGOVERNMENTAL AGREEMENT This Agreement is made and entered into, and becomes effective as provided in paragraph 8, between the Town of Firestone, Colorado ("Firestone"), and the Town of Frederick, Colorado ("Frederick"), each a municipal. corporation of the State of Colorado. I. Findings WHEREAS, The Boards of Trustees of Firestone and Frederick find that: A. Pursuant to Colorado Constitution Article XIV, Section 18(2) (a) and C.R.S. §29-1-201, ~ ~. Firestone and Frederick may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each; and B. Pursuant to C.R.S. §29-20-101, ~ fil¼L.., Firestone and Frederick are authorized and -encouraged to cooperate or contract with each other for the purposes of planning or regulating the development of land; and C. Firestone finds that it has the authority to make the promises, enter into the agreements, and perform the functions set forth herein, and Frederick finds that it has the authority to make the promises, enter into the agreements, and perform the functions set forth herein; and D. This Agreement resolves, in a mutually satisfactory and cooperative manner, issues which have been of concern between Firestone and Frederick for several years; and E. Because of the proximity of Firestone and Frederick, the nature, type, and intensity of use of the rights-of-way affected·by this Agreement will affect Firestone and Frederick; and F. Firestone finds that it, and Frederick finds that it, has a commitment to planned and orderly growth and provision of municipal services; to regulating the location of activities and development which may result in increased demands for its services; to reducing and avoiding, where possible, friction between the two parties; and to promoting the economic viability of their respective communities; and G. Currently, the urban growth boundaries of Firestone and Frederick overlap in the area bounded by Interstate 25 on the West, Road 13 on the East, Road 22 on the North and Road 18 on the South; and 1 H. The parties desire to eliminate the area of overlap between their urban growth boundaries in the area east of Interstate 25, and to establish a logical annexation boundary between Firestone and Frederick; and I. The parties desire to effect annexation of certain rights-of-way in control, improvement, and maintenance of manner consistent with existing and boundaries. the disconnection and order to provide for such rights-of-way in a anticipated municipal II. Rights and Obligations NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Firestone and Frederick agree as follows: 1. Disconnection of Road 20 by Firestone. Firestone agrees to disconnect from Firestone, pursuant to the provisions of state law, that portion of right-of-way for Road 20 lying between the west right-of-way line of Road 13 and the east right-of-way line for Interstate 25, which right-of-way to be disconnected is more particularly described on Exhibit A, attached hereto and incorporated herein by reference. The Road 20 right-of-way to be disconnected is hereinafter referred to as the "Road 20 Right-of- Way." Firestone shall proceed to implement the disconnection of the Road 20 Right-of-Way after approval of this Agreement pursuant to Paragraph 8. The Board of Trustees of Firestone finds that disconnection of the Road 20 Right-of-Way is appropriate given the provisions of this Agreement. 2. Disconnection of Road 11 by Firestone. Firestone also agrees to disconnect from Firestone, pursuant to the provisions of state law, that portion of right-of-way for Road 11 lying approximately one-half mile south and approximately one-half mile north of the centerline of the right-of-way for Road 20, which right-of-way to be disconnected is more particularly described on Exhibit B, attached hereto and incorporated herein by reference. The Road 11 right-of-way to be disconnected is hereinafter referred to as the "Road 11 Right-of-Way. " Firestone shall proceed to implement the disconnection of the Road 11 Right-of-Way after approval of this Agreement pursuant to Paragraph 8. The Board of Trustees of Firestone finds that disconnection of the Road 11 Right-of-Way is appropriate given the provisions of this Agreement. 3. Annexation of Road 20 and Road 11 Rights-of-way. After their disconnection by the Town of Firestone, Frederick shall proceed to implement the annexation to Frederick of the Road 20 Right-of-Way, as described on Exhibit A, and the Road 11 Right-of- way, as described on Exhibit B (hereinafter collectively referred to as the "Rights-of-way"). The Board of Trustees of Frederick finds that annexation of the Rights-of-Way is appropriate given the 2 provisions of this Agreement. Upon the annexation of the Rights- of-Way to Frederick, the following shall apply: a. The Rights-of-Way shall be designed and constructed, at a minimum, in conformance with the street cross-section and other standards set forth in those certain Uniform Baseline Design Standards set forth in Exhibit c, attached hereto and incorporated herein by reference (hereinafter referred to as the •standards•). In the event of any conflict between the Standards set forth in Exhibit C and any other road design and construction standards that are adopted by an intergovernmental agreement to which Firestone and Frederick are a party, the more restrictive standards shall take precedence and shall apply. FUrther, nothing in this Agreement shall prohibit Frederick from causing the Rights-of-Way to be designed and constructed to more restrictive standards. b. Upon annexation of the Rights-of-way, Frederick will have jurisdiction over the Rights-of-Way, but this agreement shall continue to apply to the Rights-of-Way after annexation by Frederick. To the extent this Agreement conflicts with any future Frederick ordinance, resolution, motion, or contract, this Agreement controls. 4. Annexation Boundary. Firestone agrees not to annex any property lying both east of Interstate 25 and south of the half section line lying between Roads 20 and 22. Frederick agrees not to annex any property lying both east of Interstate 25 and north of the half section line lying between Roads 20 and 22. Upon approval of this Agreement, Firestone and Frederick shall each proceed to implement changes to their respective master plans and other land use policies, ordinances, rules, and regulations to reflect this annexation boundary. 5. Cooperation. Firestone and Frederick agree to devote their best efforts, to cooperate as necessary, and to exercise good faith in implementing the provisions of this Agreement. 6. No Third-Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 7. Non-compliance. If either party fails to comply with the provisions of this Agreement, the other party, after providing written notification to the noncomplying party and upon the failure of the noncomplying party to achieve compliance within ninety (90) days after said notice, may maintain an action in a court of competent jurisdiction in Weld County for specific performance, injunctive, or other relief. 8. Effective Dat,e, Term and Termination. This effective date of this Agreement shall be the last date on which the Board of 3 Trustees of a party to this Agreement has approved this Agreement, as set forth below. This Agreement shall remain in effect until amended or terminated by agreement of the parties. 9. Colorado Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 10. Governmental Authority. Firestone and Frederick shall comply with any and all otherwise applicable and valid state, federal or local laws or regulations in relation to this Agreement. 11. Waiver. A waiver of a breach of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of the same or another provisions of this Agreement. 12. Notices. All notices or other communications hereunder shall be sufficient given and shall be deemed given when personally delivered, or after the lapse of ten business days following mailing by certified mail, postage prepaid, addressed as follows: To Firestone: To Frederick: Town of Firestone attn: TownClerk/Administrator 150 Buchanan Ave. Firestone, Colorado 80520 .Town of Frederick attn: Town Clerk 401 Locust Street Frederick, CO 80530 13. Effect of Invalidity. If any provision of this Agreement is finally held invalid or unenforceable by a court of competent jurisdiction as to either party or as to both parties, such invalidity or unenforceability shall not affect the other provisions of this Agreement, except that any similar right or obligation of the other party shall be deemed invalid · and unenforceable. Further, with respect to any provision so held or deemed invalid or unenforceable, the parties agree to take such actions as may be necessary to achieve to the greatest degree possible the intent of the affected provision. 14. Amendments. This Agreement may be amended in writing only by mutual agreement of the governing bodies of the parties. 15. Reliance by the Parties. Firestone and Frederick understand that each is relying upon all of the promises made by the other in this Agreement, and each agrees (i) not to assert to any court or other body the invalidity or unenforceability of any portion of this Agreement· unless such challenge is based upon a change in the law occurring after the effective date of this Agreement; (ii) to promptly notify the other party of any legal 4 action which might affect this Agreement; (iii) to allow the other party to participate in-such legal action as the other party deems appropriate, consistent with court rules; and (iv) to defend the Agreement in such legal action to the maximum extent consistent with law and court rules. IN WITNESS WHEREOF. the parties hereto have caused this Agreement to be executed. ATIEST: ~-~- ~wn APPROVED AS TO FORM: Clerk uel J. Li ht, Esq. TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor of the Board of Trustees of Firestone the 9~ day , 1998 " ··\o··•·>-.,.• ..... ,·· \ .. ,~. ·• .. ·· .... JI', " r G . fiths, Tanoue & Light, P.C. Firestone Town Attorney TOWN OF FREDERICK, COLORADO Approved by the Board of Trustets .of the Town of Frederick the ;01 ~ day of /),,up,,, l;e, , 1998 5 ATTEST: Clerk APPROVED AS TO FORM: Rick Samson, Esq. Samson & Brown, P.C. Fr.ederick Town Attorney 092298/1016(ejl)c:Fireat0n\Frediga.agu, • 6 EXHIBIT A LEGAL DESCRIPTION: ROAD 20 A TRACT Of LAND ON, OVER AND ACROSS PORTIONS Of SECTIONS 13, 14, 23 AND 24 T2N, R68W ALL Of THE 6TH P.H., WELD COUNTY, COLORADO. BEING MORE P/1.RTICULARLY DESCRIBED AS fOLLOWS: CONSIDERING THE NORTH LINE Of SAID SECTION 24 AS BEARING N89052' 39"W AS DETERMINED BY GPS OBSERVATIONS Of MONUMENTS AT THE NORTHEAST CORNER AND AT THE NORTHWEST CORNER Of SAID SECTION 24. AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEGINNING AT THE NORTHEAST CORNER Of SAID SECTION 24; THENCE N89 □52'39"W, 50.00 fEET TO THE TRUE POINT Of BEGINNING; THENCE soo □15 '26"W, 30. 00 fEET TO A POINT ON THE SOUTH RIGHT-Of-WAY LINE Of COUNTY ROAD 20; THENCE ALONG SAID LINE N89 □52'39"W, 5275.79 fEET TO A POINT 30 fEET SOUTH Of THE NORTHWEST CORNER Of SECTION 24; THENCE N89052' 19"W, 2651. 59 fEET TO A POINT 30 fEET SOUTH Of THE NORTH QUARTER CORNER Of SECTION 23; THENCE N89049'13"W, 2395.47 FEET; THENCE NOO □l0'47"E, 60.00 FEET TO A POINT ON THE.NORTH RIGHT-Of-WAY LINE Of COUNTY ROAD 20; THENCE S89049'13"E, 2395.42 fEET; THENCE S89 □52'19"E, 2651.30 FEET TO A . POINT 30 FEET NORTH Of THE .NORTHWEST CORNER OF SECTION 24; THENCE 589052' 39"E, 5276. 21 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; .THENCE soo □15'26"W, 30.00 FEET TO THE TRUE POINT Of BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 14.22 ACRES MORE OR LESS. . ·--· . •·· ....... , ~~ .---·--•.-·•··-·•·· ········· ................ ___ . EXHIBIT B ~LEGAL DESCRIPTION: ROAD 11 A TRACT OF LAND ON, OVER AND ACROSS PORTIONS OF SECTIONS 13, 14, 23 AND 24, T2N, R68W ALL OF THE 6TH P.M., WELD COUNTY, COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE Of SAID SECTION 24 AS BEARING N89052' 39"W, AS DETERMINED BY GPS OBSERVATIONS Of MONUMENTS AT THE NORTHEAST CORNER AND AT THE NORTHWEST CORNER OF SAID SECTION 24. AND WITH ALL BEARINGS CONTAINED HEREIN AND RELATIVE THERETO. BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 24; THENCE 589052' 39"E, 30. 00 FEET TO THE TRUE POINT Of BEGINNING; THENCE soo009'47"E, 2647.83 FEET TO A POINT 30 FEET EAST OF THE WEST QUARTER CORNER OF SECTION 24; THENCE S89049'42"W; 60.00 FEET; THENCE N00009'47"W, 2647.99 FEET; "THENCE N00007'34"W, 2649.73 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 11, 30 FEET WEST OF THE WEST QUARTER CORNER OF SECTION 13; THENCE N89052'26"E, 60.00 FEET; THENCE soo007'34"E, 2649.84 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 7.30 ACRES MORE OR LESS. EXHr-BIT C 7.0 STREET STANDARDS 7 .1 Design Standards: 7 .1. 1 Streets and roads constructed within the area should comply with the Colorado Slate Highway Access Code and wilh the American Association of Stale Highway and Transportation Officials' A Policy on the Geometric Design of Highways and Streets. In addition. structural capacity of the streets and roads should be designed in accordance with the Guide for Design of Pavement Structures. 7 .2 Right-of-Way and Slreel P_rofiles: 17' 7.2.2 All designated Major Arterials and Welci'Cou~ty Roads 8, 13 and 24 and Del Camino Parkway should be designed and constructed in conformance with the street cross-· section shown below. 7.2.3 · All designated Minor Arterials and Weld County Roads 11. 15, 16 and 20 shall be designed and constructed in conformance with the street cross-section shown below. STREET CROSS SECTIONS Figure 9 • • ". ". . . ". ARTERIAL/ 4 LANE WITH RAISED MEDIAN ". 120' ,. . 4 LANE WITH PAINTED MEDIAN ". °'""" Lfflo 120. ... ". ". " . ". I •. " . Se1:>.1c\ lier.: I •. 6" eo,c,.,. p..,_.,_,. __ , Cu:c · " . St1D,1C\ hom Cu•O . J • ; 09/22/1998 10:17 9702260204 TST· Iic PAGE 03 ,. ~a t-----------~,-,.>l-&G---' ~ D 11:l« ---------- -~ :! .. ,. !I 1; ; , .. ~- & .. ~ ·~ " I ;>\ t ---~ ----/laYOH ~ ~ E·~i I .. .. .,_ ► .. ~ .!!J ;~ ~ ~ ! >: ; .. " ... f s .. ~ t:: ,. i .... ::! .I, l , ~ -' ~ ~ . ~ rv:x i~ ~ ::::::( -9 ~ ~~ ~~ RESOLUTION NO. 98-J_i_ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DEL CAMINO EAST PUD ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Del Camino East Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, December 10, 1998, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition .. 1 Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to ~he Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this dd-1~ day of October, 1998. erson ATTEST: ./\ () : ·_.·,.:;- / . T~ . . r·· . ·, ·- \ \ 1, ~. . ,. .... ' ····-.. Town Clerk 102198/2109[ojl]c:Fireston\Camino.ree (oubetantial compliance) 2 LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 11, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 11 BEARS NORTH 90°00'00" WEST (BASIS OF BEARING); THENCE NORTH 90°00'00" WEST 1,310.51 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 11 TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE CONTINUING NORTH 90'00'00" WEST 8.35 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE NORTH 00'15'51" WEST 2,631.05 FEET; THENCE SOUTH 89°52'28" EAST 21.39 FEET TO THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE NORTH 00'01 '11" EAST 34.55 FEET ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE NORTHWEST CORNER OF THE EAST ONE- HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE SOUTH 89'52'43" EAST 1,303.98 FEET ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 11; THENCE SOUTH 00'07'14" EAST 2,662.77 FEET ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE SOUTH ONE-QUARTER OF SAID SECTION 11 AND THE POINT OF BEGINNING. AREA -80.850 ACRES MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11, SOUTH 90'00'00" WESTl ,310.51 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE CONTINUING SOUTH 90'00'00" WEST 8.35 FEET; THENCE NORTH 00' 15'51" WEST 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF FIRESTONE ROAD NO. 22; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 90'00'00" EAST 1,318.93 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 11; THENCE ALONG SAID NORTH- SOUTH CENTERLINE, SOUTH 00'07'14" EAST 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.908 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE NORTH ONE-HALF OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 14 BEARS NORTH 90'00'00" WEST (BASIS OF BEARING); THENCE SOUTH 89'55'19" EAST 1,309.01 FEET ALONG THE NORTH LINE OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14 TO THE NORTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 00'18'06" EAST 2,654.12 FEET ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE- QUARTER OF SAID SECTION 14; THENCE SOUTH 89'55'17" WEST 1,317.54 FEET ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14 TO THE CENTER ONE-QUARTER CORNER THEREOF; THENCE SOUTH 89'57'04" WEST 1,303.92 FEET ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF THE EAST ONE- HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14; THENCE NORTH 00°15'33" WEST 2,107.72 FEET ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER October 22, 1998 Legal by: B.E. Bates ' OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF LOT A OF RECORDED EXEMPTION NO. 1313- 14-2-RE1400 AS RECORDED IN BOOK 1344 AS RECEPTION NO. 2297301 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NORTH 81 °06'37" EAST 64.07 FEET ALONG THE SOUTHERLY LINE OF SAID LOT A OF RECORDED EXEMPTION NO. 1313-14-2-RE1400; THENCE NORTH 64°18'44" EAST 492.53 FEET ALONG THE SOUTHERLY LINE OF SAID LOT A OF RECORDED EXEMPTION NO. 1313-14-2- RE1400; THENCE NORTH 00°15'47" WEST 327.70 FEET ALONG THE EAST LINE OF SAID LOT A RECORDED EXEMPTION NO. 1313-14-2-RE1400 TO THE NORTHEAST CORNER THEREOF ALSO BEING A POINT ON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 90°00'00" EAST 802.37 FEET ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14 TO THE NORTH ONE-QUARTER CORNER THEREOF AND THE POINT OF BEGINNING. AREA -154.613 ACRES MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING ON THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, SOUTH 89°55'19' EAST 1,309.01 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE ALONG THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 14, SOUTH 00°18'06" EAST 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY-LINE OF FIRESTONE ROAD NO. 22; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, NORTH 89°55'19" WEST 1,309.11 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 14, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14 BEARS NORTH 00°07'03" WEST 30.00 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 90°00'00" WEST 802.21 FEET; THENCE NORTH 00°15'47" WEST 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE ALONG SAID NORTH LINE, SOUTH 90°00'00" EAST 802.28 FEET TO THE POINT OF BEGINNING, CONTAINING 1.454 ACRES MORE OR LESS. THE TOTAL AREA BEING ANNEXED -233.101 ACRES MORE OR LESS \\Rmclngmt~e-pl_ 80\286 2 _ 003\0)\0[ L 1 LEG.\ VPD October 22, 1998 legal by: B.E. Bates RESOLUTION NO. 98-~ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE CROSSROADS PUD ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Crossroads PUD Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursd~y, December 10, 1998, at 7:30 P.M. Section 5 . Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. 1 Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. J . INTRODUCED, READ, and ADOPTED this dd day of October, 1998. on ATTEST: •• '} •• / ,-'4-, ,· . •· .. ,,_,.,; Gr·::_tli_, ...... ..,,::,-..... .. .. Town Clerk 102198/2110[sjl]c:Fireston\Croee.reo (substantial compliance) 2 LEGAL DESCRIPTION A tract of land located in the N1/2 of Section 11 and in the NW1/4 of Section 12, all of T2N, R68W of the 6th P.M. County of Weld, State of Colorado, described as follows: COMMENCING atthe Northwest Corner of said Section 11, from which the W1/4 Corner of said Section 11 bears S00°07'44"W, 2638.60 feet (Basis of Bearing), thence N89°52'02"E, 1298.41 feet along the North Line of the NW1/4 of the NW1/4 of said Section 11 to the Northeast Corner of the NW1/4 of the NW1/4 of said Section 11; Thence N89°52'51 "E, 547.74 feet along the North Line of the NE1/4 of the NW1/4 of said Section 11 to the Northeast Corner of Parcel 13 REV 3, a tract of land to be conveyed to the Colorado Department of Transportation for Project IR-IM(CX) 025-3(110), as described in legal description dated March 3, 1997; Thence S00°07'09"E, 30.00 feet at right angles with the North Line of the NE1/4 of the NW1/4 of said Section 11 and along the Easterly Line of said Parcel 13 REV 3 to the South Right-of-way Line of Road No. 24 and the TRUE POINT OF BEGINNING; Thence continuing S00°07'09"E, 0.09 feet at right angles with the North Line of the NE1/4 of the NW1/4 of said Section 11 and along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S83°33'30"W, 496. 77 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S47°28'27"W, 160.94 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S00°09'13"E, 111.14 feet along the Easterly Line of said Parcel 13 REV 3 to a point of curve to the right; Thence Southwesterly, 609.58 feet along the arc of said curve and along the Easterly Line of said Parcel 13 REV 3 to a point tangent, said arc having a radius of 880.85 feet, a central angle of 39°39'03", and being subtended by a chord that bears S19°40'19"W, 597.49 feet; Thence S39°29'50"W, 638.44 feet along the Easterly Line of said Parcel 13 REV 3 to a point of curve to the left; Thence Southerly, 511.51 feet along the arc of said curve and along the Easterly Line of said Parcel 13 REV 3, said arc having a radius of 892.59 feet, a central angle of 32°50'03", and being subtended by a chord that bears S23°04'48"W, 504.54 feet; Thence S04°01'52"W, 471.56 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S06°39'47"W, 148.84 feet along the Easterly Line of said Parcel 13 REV 3 to the North Line of the South 200 feet of the West 1000 feet of the NW1 /4 of said Section 11; Thence continuing S06°39'47''W, 201.32 feet along the Easterly Line of Interstate Highway No. 25 Frontage Road to be conveyed to the Colorado Department of Transportation for Project IR-IM(CX) 025- 3(110) to the South Line of the SW1/4 of the NW1/4 of said Section 11; Thence S89°54'04"E, 942.57 feet along the South Line of the SW1/4 of the NW1/4 of said Section 11 to the Southeast Corner of the SW1 /4 of the NW1 /4 of said Section 11; Thence S89°52'43"E, 1303.98 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the C 1 /4 Corner of said Section 11 ; October 22. 1998 \\Rmclngml\dept_ 8013563_ 001 \LGL-1 01 9 ni-ence S89'53'24"E, 2602.99 feet along the South Line of the NE1/4 of said Section 11 to the E1/4 Corner of said Section 11; Thence N89'33'29"E, 30.00 feet along the South Line of the NW1 /4 of said Section 12 to the East Right• of-way Line of Road No. 11; Thence N00'26'22"W, 2627.47 feet along the East Right-of-way Line of said Road No. 11 to the South Right-of-way Line of said Road No. 24; Thence S89'32'10"W, 30.00 feet along the South Right-of-way Line of said Road No. 24 to an angle point thereof; Thence S89'55'55"W, 2588.15 feet along the South Right-of-way Line of said Road No. 24 to an angle point thereof; Thence S89'52'51 "W, 750.52 feet along the South Right-of-way Line of said Road No. 24 to the TRUE POINT OF BEGINNING. Area= 268.451 acres, more or less. October 22, 1998 I\Rmclngmtldept_8013563 _001 ILGL-1 019 RESOLUTION NO. 98-33 A RESOLUTION IN SUPPORT OF THE NOVEMBER 3, 1998, BALLOT ISSUE CONCERNING THE FINANCING OF A NEW MUNICIPAL SERVICES BUILDING FOR THE TOWN OF FIRESTONE. WHEREAS, by Ordinance No. 400, the Board of Trustees of the Town of Firestone called a special municipal election for November 3, 1998; and WHEREAS, by Resolution No. 98-25, the Board of Trustees referred to the registered electors voting in the special election a ballot issue concerning the financing of a new municipal services building for the Town of Firestone; and WHEREAS, the Board of Trustees finds that a new municipal services building will provide needed space and safer facilities for the adequate provision of municipal services, including police, municipal court, administration, public works, finance, planning, building, and other services; and WHEREAS, the Board of Trustees finds that a new municipal services building will better serve the needs of the Town and its citizens and will be a focal point of civic activity and pride for the growing community of Firestone; and WHEREAS, the Board of Trustees therefore desires to express its support for the ballot issue. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby expresses it support for Town of Firestone Ballot Issue 2A, appearing on the ballot for the November 3, 1998, election, and urges the registered electors voting at such election to vote "yes" in favor of Ballot Issue 2A, for financing of a new municipal services building. }/}NTR~DUCED, READ, and ADOPTED this ~,i,,) 1998. d4 ,_/ day of Attest: T.L. Peterson Town Clerk TOWN OF FIRESTONE, COLORADO RESOLUTION NO. tf-__Ji SERIES 1998 A RESOLUTION APPROVING AN ADDENDUM TO AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND THE CENTRAL WELD COUNTY WATER DISTRICT WHEREAS, an Addendum to Agreement has been proposed to the Agreement between the Town of Firestone and the Central Weld County Water District Concerning Domestic Potable Water Service, dated May 28, 1974; and WHEREAS, the Town Board of Trustees desires to approve such Addendum to Agreement; and WHEREAS, the Board of Trustees finds that such Addendum is in the best interest of the health, safety and welfare of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed Addendum to Agreement between the Town of Firestone and the Central Weld County Water District is hereby approved in essentially the same form as the copy of such Addendum to Agreement accompanying this Resolution. Section 2. The Mayor is authorized to execute the Addendum to Agreement, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Addendum to Agreement as the Mayor determines are necessary or desirable for the protection of 'the Town, so long as the essential terms and conditions of the Addendum to Agreement are not altered. Section 3. Nothing in this Resolution or the Addendum to Agreement attached hereto is intended to nor should be construed to create any multiple-fiscal year direct or indirect Town debt or fiscal obligation whatsoever. ~rNTRODUCED, READ, <l/~ , 1998. Attest: T.L. Peterson Town Clerk 111198/1620[ojl]c:Fireoton\Wateriga.reo and ADOPTED this /~ day of TOWN OF FIRESTONE, COLORADO ....., .. _ . . \ ADDENDUM TO AGREEMENT This Addendum To Agreement is between the Town/City off:~ Tc,.v & ("Town/City") and Central Weld County W{er District (''District") and supplements and amends the Water Service Agreement, Dated /2/~ 9$ (the "Agreement"). The Town/City and the District are referred to as the "Parties". The following recitals are a material part of this Addendum. A. The Town/City has experienced greater than expected growth rates, especially in residential dwelling units. B. The District needs additional funds to supply increased service to the Town/City and to the District . C. The Parties recognize that there are provisions in the Agreement that the Parties desire to change. The Parties hereby agree that the Agreement is modified as follows: I. The Town/City agrees that the District shall increase the amount charged for a Tap Fee in an amount to be determined by the District. The Town/City shall collect such revised Tap Fees and the Town/City shall pay the District such amount for each "residential equivalent tap" purchased in the Town/City, with collection and payment to be as provided in the Agreement. 2. The Town/City shall provide the Town/City the right to acquire a maximum of200 "residential equivalent taps" per year for the next five years, commencing August I, 1998, and ending July 31, 2003. Unused portions of the fiscal year (August 1 through July 31) allotment of taps shall be transferred to the succeeding years. The unused portion of the allotment, however, shall not be extended beyond July 31, 2003. 3. The Town/City shall pay the District $2,000.00 per "residential equivalent tap" over the District's Tap Fee (as established from time to time by the District) for such five year period as a surcharge/additional Tap Fee. 4. The Parties agree that the surcharge/additional Tap Fee shall be devoted, in part, to the project(s) listed on Exhibit A attached hereto. 5. Except as modified by this Addendum, the parties reaffirm the Agreement. TOWN/CITY DISTRICT Mayor I J .... STATE OF COLORADO COUNTY OF WELD ) ) ss ) \ STATE OF COLORADO ) • ) ss COUNTY OF WELD ) The foregoing The foregoing Addendum to A eement . Addendum to Agreement was ac met · SSS~~ was acknowledged before me this allF day -6'l4~o/"1:;;i~ y of J tu-,~ • 19 _fl; by _f.L,~12L__J[..z;~~&!a~~lf-· -.. 4p~ E crAt4,, DS8313J f My commission expires: /--•:t-~9 C:\R.ANDY\OFFICE2\CWCWD\ADDWA TER. WPD October 12, 1998 (11:32am) :JN:JQr,Ul itness my hand and official seal. ., . NcrtaryP My commission expires: A 3t? Z.d-/J / . f I ) 2 ., ., EXHIBIT "A" -LITTLE THOMPSON WATER DISTRICT DIRECTORS: ·:,mAey~ P,B$1C1ent ,..eoBakol ~m C1oonc:u,51 :..enow.C,.c.son :-ea,, AnOCl"SOl'l :Mey J. Sa.omonson .arnesW, StrOh MANAGER: ;;,enato H .., ,,.,.,..nei September 2 I, 1998 Telephone (970) 532.2095 835 E. Highway 56 Drawer G Berthoud. Colorado 80513 Board of Directors Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 Gentlemen; On behalf of the Board of Directors of Little Thompson Water District I want to thank you for your willingness to participate with us in the construction of a new transmission line and expansion of the Carter Lake Filter Plant. As a result of our joint board meeting on September 2, 1998 and subsequent Little Thompson board meeting on September 3, 1998, I have been asked to outline the proposal for the new transmission line and filter plant expansion. I. Both Districts will build and own a new 42 inch and 32 inch transmission line. 2. Construction of Phase I of the transmission line will start on September 14 , 1998. Phase II will start winter/spring of 1999. Phase III ,..;11 start in the summer of 1999. Phase IV will start late 1999 or winter of 2000 for service availability in May 2000. 3. Little Thompson Water will build a pump station at Weld Cty Rd 7 and 38 to alleviate pressure problems in the Mead area during high flows. 4. The large pump station proposed for the 24 inch water line will not be built. 5. Little Thompson will assume S2.1 million in additional construction cost for the new transmission line in exchange for I 00% ownershio of the 24 inch transmission line. 6. Central Weld will receive 4,000 g.p.m. additional capacity in the 42 inch/32 inch transmission line to compensate for the partnership/ownership transfer from the 24 inch line to Little Thompson. 7. Central Weld's cost for construction will be reduced by $525,000.00 for each of the four phases of construction on the new transmission line. 8. The 24 inch line will then be solely owned by Little Thompson but will be available as an emergency tie in for Central Weld if needed. 9. Carter Lake Filter Plant expansion and upgrades will commence in 1999 with on- line anticipated for the spring of 2000. 10. Projected construction costs for the new jointly-owned transmission line are S4.3 million for Central Weld and $6.4 million for Little Thompson. 11. Projected construction costs for the Filter Plant are $2. 75 million for Central \Veld and $2. 75 million for Little Thompson. 12. Little Thompson will cooperate with Central Weld to ensure adequate water supply during the construction of the new line. 13. The Districts will work towards acquiring BLM property on the north side of Larimer County Road 8-E. Sincerely, di1v,1~ Richard H H Whittet Manager In witness whereof both Districts agree to the above letter of understanding. I!),,. C:•-Citi:l date:._-'-':___O __ l_(V _____ _ ' Item Description Phase I, Line to Hertha I 42" DIP 2 42" BFV 3 Air Release Valve & Vault 4 Hydrants 5 Borings 6 Pavement Replacement 7 2" Asphall Overlay 8 Meter Vault 4 36" DIP 5 36" BFV 6 30" DIP 9 Connect to Exst. Lines Conslruction Cost Engineering Easements Construction Observation OPINION OF COST JOINT TRANSMISSION LINE Quantity Unit 10,000 LF 3 Ea 3 Ea. 3 Ea. 3 Ea 12.300 SY 22.650 SY I LS 110 LF 2 Ea so LF 6 Ea Subtotal Contingencies 10% I Mo. Total Phase I Cos1 Phase II, Line from WCR l To WCR 7 I 42" DIP 18.500 LF 2 42" BFV 4 Ea 3 Air Release Valve & Vault 2 Ea. 4 Hydrants 3 Ea. 5 Connect to Exst. Lines 2 Ea Sub101al Contingencies l~'o Construction Cost Engineering Easements: Construction Observation 2 Mo. Total Phase II Cos1 Phase Ill, Line from Hertha to WCR I I 42" DIP 33,600 LF 2 42" BFV 6 Ea 3 Air Rele-.ise Valve & Vault 5 Ea. 4 Hydrants 5 Ea. 5 Highway 287 Bore 100 LF 6 RR Bore 100 LF 7 Taft Bore 100 LF 8 Co. Rd. Bore (2 ea.) 120 LF 9 Ditch Crossings 3 Ea 10 Connect 10 Exst. Lines 4 Ea Sub101al Contingencies 10% Construction Cost Engineering Easements Construction Observation 3 Mo. Total Phase 111 Cost Unit Cost SI05.00 S15,000.00 S2.500.00 SI ,800.00 SI0.000.00 Sl6.00 S7.50 S45.000.00 S90.00 S 12.000.00 S75.00 S5,000.00 -- $8,000.00 $94.50 515,000.00 $2,500.00 Sl,800.00 $5,000.00 $8,000.00 $94.50 $15,000.00 S:!,500.00 51,800.00 $250.00 S250.00 S250.00 $250.00 SI0,000.00 55,000.00 58,000.00 l!em Tobi Sl,050,000 S45.000 S7,500 S5,400 S30,000 Sl96,800 $169,875 $45,000 SI0.800 S24,000 $6,000 $30.000 SI ,620,375 $162.038 Sl,782,413 $89,000 so S8.000 Sl,879,413 Sl,748,250 $60,000 $5,000 S5,400 $10.000 Sl ,828,650 Sl 82.865 S2,0I 1,515 $80,000 $55,000 $16.000 $2,162,515 53,175.'00 $90.000 SI 2,500 $9,000 $25,000 $25.000 $25,000 $30,000 530.000 $20.000 53,441,700 $344. i 70 53,785,870 SI 30.000 $80,000 $24.000 $4,019,870 .I • '! 1 l/./•' ; /i I. /r .j . ;: f t11· • l . .-•J ! I,. • .: I • :• . .. .. 1 OPINION OF COST JOINT TRANSMISSION LINE Item Description Quantity Uoit Phase IV, Line from WCR; 10 1-25 & WCR 38 I 32" DIP 26,400 LF 2 32" BFV 5 Ea 3 Air Release Valve & Vault 4 Ea. 4 Hydrants 4 Ea. 5 Highway 56 Bore 100 LF 6 RR Bore 100 LF 7 Linle Thompson River Crossing I LS 8 Ditch Crossings 3 Ea 9 Meter Vault I LS 10 Connect to Exst. Lines 4 Ea Sub101al Contingencies 10% Construction Cost Engineering Easements Construction Observation ,. 3 Mo. Total Phase IV Combined Project Phase I (35,000 gpm) 42" Phase II (35,000 gpm) 42" Phase Ill (35,000 gpm) 42" Phase IV (17,000 gpm) 32" Total Casi ~O:stfSh;,i'iilg,Aiteniatives ,: r •• ,~ ~ ,~~;~.?:~ :·,.,; ~-:.i ~··· --c':i:. A 50/50 New Line Only B 50/50 New Line + Exchange Capaciry !al New Cosr of 4,000 gpm C 50/:50 New Line + Exchange Capac icy fro 24" Cost Unit Cost Item Total S72.00 Sl,900,800 SI0,000.00 S50,000 52,500.00 SI0,000 SI,800.00 57,200 5250.00 S25,000 5250.00 525,000 SS0.000.00 550,000 SI0,000.00 530,000 545,000.00 S45,000 55,000.00 520,000 52,163,000 52 I 6.300 -52.379,300 5120,000 562,000 $8,000.00 524.000 52,585,300 Cost/gpm $53.70 Sl,879,413 S61.79 S2,162,515 SI 14.85 S4,019,870 573.87 52.585.300 5304.20 SI0,647,098 tl:-·"-}':,;tV:· '~-~-· , ~·~:--J~~7~:~.;:':'3f LTWD 55,323,549 CWCWD $5,323,549 LTWD S5,931,954 CWCWD $4,715,143 LTWD 56,398,049 CWCIVD 54,249,049 RESOLUTION NO. '97.J_,-- A RESOLUTION OF THE TOWN OF FIRESTONE, COLORADO APPROVING A GRANT CONTRACT BETWEEN THE TOWN AND THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR PARTIAL FUNDING OF A NEW TOWN MUNICIPAL SERVICES BUILDING. WHEREAS, the Town has been selected to receive a grant of energy impact/mineral impact assistance funds from the Colorado Department of Local Affairs; and· WHEREAS, the grant funds will be used to defray in part the costs of a new municipal services building for the Town; and WHEREAS, to implement the grant, a contract has been proposed between the Town and the Colorado Department of Local Affairs; and WHEREAS, and the Town is authorized.by law to enter into such contract; and WHEREAS, the Town Board has reviewed the proposed contract, a copy of which is attached hereto as Exhibit A, and finds and determines that execution of such contract is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board of Trustees hereby approves that certain contract by and between the Town and the Colorado Department of Local Affairs for partial funding of a new municipal services building for the Town of Firestone, a copy of which contract is attached hereto as Exhibit A ( "the Contract") . A true copy of the contract has been deposited with the Clerk of the Town and is available for public inspection as the Clerk's office. Section 2. The Mayor is authorized to execute the contract on behalf of the Town, except that the Mayor is further authorized to negotiate and approve such revisions to the Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the contract are not altered. Section 3. The Mayor, Town Clerk/Administrator, and Town staff are authorized and directed to do all things necessary on behalf of the Town to perform the obligations of the Town under the Contract. INTRODUCED, READ, and ADOPTED this.3'--".,/'day of December, 1998. 1 Attest: T.L. Town Peterson Clerk 120298/lOSB(ojl)c:Fireoton\THall.reo 2 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor ~OW,v , .... .,. "-./\T ~-..:.~~ EIAF -#3509 Revised May 1, 1996 Severance Tax Fund CONTRACT DEPARTMENT ·oR AGENCY NAA CONTRACT ROUTING NUMBER THIS CONTRACT, made this ___ day of ________ , 1998, by and between the State of Colorado for the use and benefit of the Department of Local Affairs 1313 Sherman Street Denver Colorado 80203 hereinafter referred to as the State, and the Town of Firestone P.O. Box 100 Firestone Colorado 80520 hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number--1,QL Appropriation Code Number 127 , Org. Unit FBA0 , GBL ____ , Contract Encumbrance Number F9S3509 ; and WHEREAS, required approval, clearance and coordination have been accomplished from and with appropriate agencies; and WHEREAS, the State desires to assist local governments and political subdivisions of the State that are experiencing social and economic impacts resulting from the development of energy and mineral resource industries in Colorado; and WHEREAS, pursuant to 39-29-101 to 116, C.R.S., 1982 Rep. Vol., the Local Government Severance Tax Fund has been created, which fund is administered by the Department of Local Affairs herein referred to as the "Department", through the Energy and Mineral Impact Assistance program; and WHEREAS, pursuant to section 39-29-110(1 ){a) and {b)(I) C.R.S.(1982), as amended, the Executive Director of the Department is authorized to distribute funds from the Local Government Severance Tax Fund to those political subdivisions socially or economically impacted by the development, processing, or energy conversion of minerals and mineral fuels for the planning, construction, and maintenance of public facilities and for the provision of public services; and . WHEREAS, the Contractor, a political subdivision eligible to receive energy/mineral impact assistance, has applied to the Department for assistance; and WHEREAS, the Executive Director of the Department desires to distribute said funds pursuant to law; and WHEREAS, the Executive Director is willing to provide assistance in the form of a grant from the Local Government Severance Tax Fund to the Contractor for the Project upon mutually agreeable terms and conditions as hereinafter set forth; NOW THEREFORE, ii is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, ·all work elements as indicated in the "Scope of Services", set forth in the <!tlached Exhibit A, hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Trudy Peterson , an employee or agent of the Contractor, who is hereby designated as the administrator-in-charge of this Project. Al any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the Stale receives notification of such replacement assignment. Page 1 of 7 Pages 3. Time of Performance. This Contract shall become effective upon the proper execution of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the ''Time of Performance" Section contained in the attached Exhibit A. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract shall not be considered eligible expenditures for reimbursement from the State.The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the completion date set forth in the "Time of Performance" Section of Exhibit A. 4. Authority to Enter into Contract and Proceed with Project. The Contractor assures and warrants that it possesses the legal authority to enter into this Contract. The persons signing and executing this Contract on behalf of the Contractor do hereby warrant and guarantee that they have full authorization to executive this Contract. In addition, the Contractor represents and warrants that it currently has the legal authority to proceed with the Project, or, if the structure of the Project is such that a decision by the electorate is required, the Contractor has held such an election and secured the voter approval necessary to allow the Project to proceed. 5. Compensation and Method of Payment. Grant Funds· Method of Payment. In consideration for the work and services to be performed hereunder, the State agrees to provide to the Contractor a grant from the Local Government Severance Tax Fund, in an amount not to exceed ONE HUNDRED SEVENTY-FIVE THOUSAND AND NO/100 --------Dollars ( $175 000.00 ). The method and time of payment of such grant funds shall be made in accordance with the "Payment Schedule" set forth in Exhibit A. 6. Reversion of Excess Funds to the State. a) Any State funds not expended in connection with the Project shall be remitted to the State upon completion of the Project or a determination by the State that the Project will not be completed. b) It is expressly understood that if the Contractor receives funds from this Contract in excess of its fiscal year spending limit, all such excess funds from this Contract shall revert to the State. Under no circumstances shall excess funds from this Contract be refunded to other parties. 7. Financial Management. At all times from the effective date of this Contract until completion of this Project, the Contractor shall maintain properly segregated accounts of State funds, matching funds, and other funds associated with this Project. All receipts and expenditures associated with said Project shall be documented in a detailed and specific manner, and shall be in accordance with the "Budget" Section set forth in Exhibit A. Contractor may adjust individual budgeted expenditure amounts up the limitations set forth in Paragraph 8.b) of the main body of this Contract without approval of the State. Any budgetary modifications that exceed the limitations set forth in Paragraph 8.b) must adhere to procedures set forth in Paragraph 8.c) in order to modify the Contract budget. 8. Modification and Amendments. a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modifications shall be incorporated into and be part of this Contract as if fully set forth herein. b)· Programmatic or Budgetary Changes. This Contract has a simplified Change Letter procedure for modifying this Contract for the following reasons: i) unless otherwise specified in the Scope of Services, when cumulative budgetary line item changes exceed Twenty Thousand Dollars ($20,000.00); ii) when any budget transfers to or between administration budgetary categories are proposed; iii) when the scope, objective or completion date of the Project changes as determined by the Department; iv) when additional or less State funding is needed; v) when there are additional federal statutory or regulatory compliance changes in accordance with Paragraph 23 of the Original Contract. Page 2 of 7 Pages Under such circumstances, the Department's approval is not binding until memorialized in a fully executed Change Letter as specified in subparagraph c). c) Change Letter Process. Contractor must submrt a written request to the Department if programmatic or budgetary modifications are desired. Paragraph 5, Compensation and Method or Payment: Paragraph 23 Compliance with Applicable Laws; and Exhibit A, Scope of Services. may be modified by Change Letter, signed by the State and the Contractor. Upon proper execution and approval, such Change Letter shall become an amendment to the Contract. effective on the date specified in the Letter. No such Change Leiter shall be valid until approved by the State Controller or such assistant as he may designate. All other modifications lo this Contract must be accomplished through amendment to the Contract pursuant lo fiscal rules and in accordance with subparagraph 8.d). d) · Other Modifications. If either the State or the Contractor desires to modify the terms or this Contract other than as set forth in subparagraphs b) and c) above, written notice or the proposed modification shall be given to the other party. No such modification shall take effect unless agreed lo in writing by both parties in an amendment to this Contract property executed and approved in accordance with applicable law. Any amendment required per this subparagraph will require the approval or other appropriate stale agencies, e.g. Attorney General, State Controller, etc. a) Discretionary Audrt. The State, through the-Executive Director of the Departmenl the Stale Auditor, or any of their duly authorized representatives, including the right lo hire an independent Certified Public Account or the State's choosing, or the federal government or any of its property delegated or authorized representatives shall have the right lo inspect, examine, and audrt the Contracto(s (and any subcontracto(s) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any lime and for any reason from the effective date of this Contract until five (S) years after the dale final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audrt. Whether or not the State calls for a discretionary audrt as provided above, the Contractor shall include the Project in an annual audrt report as required by the Colorado Local Government Audrt Law, C.RS.-973, 29-1-601, et fill!! and the Single Audit Act of 1984, Pub. L. 98-502, and Federal and State implementing rules and regulations. Such audrt reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to instrtute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. · 10. Personnel. The Contractor shall perform its duties hereunder as a Contractor and not as an employee of the State. Neither the Contractor nor any agent or employee of the Contractor shall be deemed to be an agent or employee of the State. Contractor shall pay when due all required employment taxes and income tax withholding, shall provide and keep in force worl<e(s compensation (and show proof of such insurance) and unemployment compensation insurance in the amounts required by law, and shall be solely responsible for the acts of the Contractor, its employees and agents. ·The .Contractor is responsible for providing Worl<e(s Compensation Coverage and Unemployment Compensation Coverage for all of its employees lo the extent required by law. and for providing such coverage for themselves. In no case is the Slate responsible for providing Worl<e(s Compensation Coverage for any employees or subcontractors of Contractor pursuant to this agreement, and Contractor agrees to indemnify the State for any costs for which the State may be found liable in this regard. 11 Contractor An Independent Contractor. Contractor shall be an ,ndependenl Conlraclor and sl1all have no authorization. express or implied. lo bind the State to any agreements. selllements. liab,hly or understanding excepl as expressly set forth herein 12 Conflict or Interest The Contractor shall comply with the prov,s,ons of C H S 18-8-308 and C I< S 24 · 18 101 lhrougl1 24-18-109. 13 Contract Suspension If the Contractor fails to comply wrt11 any contractual prov1s1on. tile State may. after notice to the Contractor. suspend the Contract and withhold rur1I1er payments or prohibit 11,e Contrac1or from incurring additional obligalions or conlractual funds. pending correclive action by the Contractor or a decision 10 1crrn,nate "1 accordance with provisions herein The State may determine to allow such necessary and prope1 costs which lile Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the Project. 14. Contract Termination. This Contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with funds provided to the State for the purpose of contracting for the services provided for herein, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract. the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event. all finished or unfinished documents, data, studies, surveys, drawings, maps, models. photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory worl< completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In the event of termination for convenience, all finished or unfinished documents and other materials as described in subparagraph 14.b) above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract. less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. 15. Integration. This Contract, as written, with attachments and references. is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever. unless embodied ,n a written authorization or contract amendment incorporating such changes. executed and approved pursuanl to applicable law 16. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be a=mplished within the intent of the Contract. the terms of this Contract are severable. and should any term or provision hereof be declared invalid or become ,noperative for any reason. suet, invalidity or failure shall not affect the validity of any other term or provision hereof T11e waiver of any breact1 of a term hereof shall not be construed as waiver of any other term nor as waiver of a subsequent breach of the s,mH: term 17 Binding on Successors Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors tiereto. and their respective successors and assigns 18. Assignment Neither party. nor any subcontractors hereto. may ass,gn ,ts rights or duties under t111s Contract without the prior wntten consent of the other party No subcontract or transfer oi Contract shall in any case release the Contractor of I,ab1hty under this Contract 19 Survival of Ccrtam Contract Terms Notwithstanding anything 1H:rcm tu Ilic contrary. the par1ies understand and agree lt1at all-terms and cond1t1ons of this Contract and the extub•I~ and attachments hereto wluch may require continued performance or compliance beyond the termination dale of lhP Contract sllall suiv1ve suct 1 termination.dale and shall be enforceable by the Slate as provided herein in the event of such failure lo pcrtorm or comply by the Contractor or its subcontractors. 20. Successor i □ loteresl In the event the Contractor is an entity formed under intergovernmental agreement and the project is for the acquisition, construction or reconstruction of real or personal properly lo be used as a public facility or lo provide a public service, the Contractor warrants lhal il has established protections Iha! ensure !hat. in the event lhe Contractor entity ceases lo exist, ownership of !tie properly acquired or improved shall pass to a constituent local government or other eligible governmental successor in interest so that lhe properly can continue lo be used as a public facility or lo provide a public service. 21. Non-Discrimination. The Contractor shall comply with all applicable Stale and Federal laws, rules. regulations and Executive Orders of the Governor of Colorado involving non-<lisaimination on the basis of race. color. religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this Contract. Contractor agrees lo consider minorities or minority businesses as employees, specialists. agents. consultants or subcontractors under this Contract. Contractor may utilize the expertise of lhe Slate Minority Business Office within the Office of the Governor for assistance in complying with the non-<liscriminalion and affirmative action requirements of this Contract and applicable statutes. 22. Minority Business Enterpnse Participation. It is the policy of the State of Colorado tha(minority business enterprises shall have the maximum practicable opportunity lo participate in the pertormance of its construction granl contracts. The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and consistent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business, al least fifty percent {50%) of which is owned by minority group members, or. in the case of publidy owned businesses, al least fifty-one percent (51 %) of the stock of which is owned by minority group members. For the purposes of this definition, minority group members are Negroes or Black Americans, Spanish- speaking Americans, Asian Americans, American Indians, American Eskimos and American Aleuts. The Contractor may rely on written representations by bidders, contractors, and subcontractors regarding their status as minority enterprises and need nol conduct an independent investigation. 23. Compliance with Applicable Laws. Al all times during the performance of this Contracl the Contractor shall strictly adhere lo all applicable Federal and State laws that have been or may hereafter be established. SPECIAL PROVISIONS CONTROLLER"S APPROVAL 1. This Contrad sh.an not be deemed vard until shaJI have been approved by the Controller of the State of Colorado 0< such assistant as he may designate This provision tS applicable to any contrad involving lhe payment of money by the State. FUND AVAILABILITY 2. Fa'\3.ndal ob(igations ot the State of Cok>rado payable an.er the o.rrrent fiscal year are contingent upon funds f0< thal purpose being appropriated. budgeted and otherwise made available. . BONO REQUIREMENT 3. II this Contract involves the payment of more than fifty' thousand doll~rs for the construction. erection. repair. maintenance. or improvement of any building, road. bridge. viaduct. tuMel. excavation or other pubric work for this State, the Contrador shall, before entering upon the performance of any such work induded in this Contract. duly execute and deliver to the State official who will sign-the Contract. a good and sufficient bond or other acceptable surety 10 be approved by sakl official in a penal sum not less than one--hatf of.the total amount payable by the tenns of this Contract. Such bond shall be duly executed by a qualrfied corporate surety. conditioned upon the faithful perfonnance of lhc Contract and in addition, shan provide that if the Contractor or his subcontrado~ fail lo duly pay for any labor, materials, team hire, sustenance, provisions, provendor or other supplies used or consumed by such Contractor or his subcontractor in performance of the work contracted lo be done or fails lo pay any•pe~on who supplies rental machinery, tools. or equipment in the proseo.rtion of the work the surety wiQ pay the same in an amount not exceed°Lng the sum specified in the bond, together with interest at the rate of eight per cent per annum. Unless such bond is exearted, deCivered and filed, no daim in favor of the Conlradot arising under such contract shall be audited, anowed or·paid. A cectmed OC" cashtefs check or a bank mooey order p~blc to !he Treasurer of the State of Colorado may be accepted in lieu of a bond. This provision is in compliance with CRS 38-26-106. INDEMNIFICATION 4. To the extent authorized by law. the ContradO< shaD inderMify, save and hold harmless the State, its empk,yees and agents. against any and all daims. damages. liability and court awards induding costs, expenses, and .attorney fees inamed as a result of any ad or omission by the Contractor. or its employees. agents. subcontractors, or assignees pursuant to the terms of this Contract. DISCRIMINATION ANO AFFIRMATIVE ACTION 5. The Contractor agrees lo comply with the letter and spirit of the Colorado Antidiscrimination Ad of 1957, as amended. and other applicable law respecting disaimination and unfair employment.practice (CRS 24-34-402), and as required by Ex:eartive Order, Equal Opportunity ·and Affinnative Action. dated April 16, 1975. Pursuant thereto. the foDowing provisions shall be contained in sn State contracts orsub-c:ontracls. During the perfo~ance of this Contract. the Contractor agrees as tOnows: (a) The Contractor will not disoiminate against any employee o"r applicant for employment because of race, creed. color, national o~gin. sex, marital slalus. rerigion. ancestry. mental or physical hancficap, or age. The ContractorwiD take affirmative action to.insure that applicants are.employed. and that empktyees are treated during employment. without regard to the above mentioned dlaracteristics. Suen ad.ion shan indude, but not be, fimited to the following: employment. upgrading. demotion. or transfer, reauitment or reauitment advertisings:,lay-Offs.or teffllinations; rates of pay or other foITTlS of COCT()01lS3tion: and seledion lo< !raining. indud",ng apprenticeship. The Contraclor agrees lo post i, a,nspiaJous places. availab~ lo employees and appr,canls for employment •notices to be provided by the contracting officer setting -forth provisions of this non-disaimination dause. (b) The Contractor will. in all sortdtations or advertisements for employees placed by or on behatf of the contractor. state that all qualified applicants will receive consideration for emptoymenl without regard to race, creed. color, national origin. sex. marital status. religion. ancestry, mental or physical handicap, or age. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreemept or other conlrad Of under..landing. no~ to be provided by the contracting officer, advising the labor union or wotkers· representative ol lhe Contractor's commitment under the Executive Order. Equal Opportunity and Affirmative Action. dated April 16. 1975. and of the rules. regulations. and relevant Orders of the Govemo1 (d) The Contractor and tabor unions will furnish an information and reports required by Executive ·order. Equal Opportunity and Affinnative Act_ion of April 16. 1975. and by the rules. regulations and Order.; of the Governor. or pursuant thereto. and will permit access lo his books. records, and accounts by the contracting agency and the office ol the Governor or his dcsignee for purposes of investigation to ascertain compliance with such rules. regulalions and orders (C) A labor organization wdl not exdude any individual otherwise qualified from full membcr.;hip rights in such labOr organization, 01 expel any such ,ndividual h"tlm membership in such tabor organization or discriminate against any of its members in the full enjoyment ol work opportunity. because of race. occd. color. sex. national origin. Of ancestry (f) A tabor organil.ation. or the employees or members thereof will not aid, abel incite. compel or coerce the doing of any ad defined in this ~ntract_ to 1.>C disoiminatory or obstruct or prevent any person from romptying with the provisions of this contract or any ofOer issued thereunder_ or attempt either dircdJy 01 md,rectty. 10 commit any ad defined in this contract ·10 be discriminatory. Fonn 6-AC-020 Revised 7197 )95-5)-01-1022 Page _6_ of _7_ Pages (g) In the event of the Contractor's non-compliance with the non-Oiscrimination clauses of this contract or with any such rules. regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contrads in accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, or by rules. regulations or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order. Equal Opportunity and Affirmative Action of April 16, 1975, or by rules. regulations or orders promulgated in accordance therewith. or as otherwise provided by law. (h} The Contractor will include the provisions of paragraphs (a) through (h) in every sub-contract and subcontractor purchase order unless exempted by n.iles. regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affinnative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action witli respect to any sub-contracting or purchase order as the contracting agency may direct, as a means of enforcin$ such provisions, including sanctions for non-compliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation, with the subcontractor or vendor as a result of such direction by the contracting agency, the Contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE Ga. Provisions of CRS 6-17-101 & 102 for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a non-resident bidder from~ state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is detennined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherw-ise be available or would otherw-ise be inconsistent with requirements of Federal law, this subsection shall be suspended. but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation. execution, and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherw-ise in conflict with said laws, rules, and r~ulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other speoal provision in whole or in part shall be valid or enforceable or available in any action al law whether by way of complaint. defense, or otherw-ise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the perfonnance of this contract, the Contractor shall strictly adhere to all applicable federal and state laws. rules and regulations that have been or may hereafter be established. 9. Pursuant to CRS 24-30-202.4 (as amended), the State Controller may withhold debts owed to state agencies under the vendor offset intercept system for: g) unpaid child support debt or child support arrearages; (b) unpaid balance of tax, accrued interest. or other charges specified in Article 22, litle 39. CRS: c) unpaid loans due to the student loan division of the Department of Higher Education: (d) owed amounts required to be paid to the Unemployment ompensation Fund; and (e) other unpaid debts owing to the State or any agency thereof, the amount of which is found to be owing as a result of final agency determination or reduced to judgement as certified by the Controller. 10. The signatories aver that they are familiar with CRS 18-6-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401. et. seq., {Abuse of Public Office), and that no violation of such provisions is present. 11. The signatories aver that to their knowledge, no state employee has any personal or beneficial interest whatsoever in the service or property described herein: IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day first above written. CONTRACTOR: (Full Legal Name) TOWN OF FIRESTONE COLORADO By Position (Title) MAYOR (If Corporation:) Attest (Seal) By 84-0736777 Social Securily Number ct Federal 10 Nu PRE-APPROVED FORM CONTRACT REVIEWER By--------------------- STATE OF COLORADO ROY ROMER, GOVERNOR By __________________ _ EXECUTIVE DIRECTOR, Jerry Smith DEPARTMENT OF ____ __.L.,,O,_,,C"-A.!>L,__,_A_,,F_,_F_,_A'"IR"'S,,__ ____ _ APPROVALS STATE CONTROLLER Clifford W. Hall By __________________ _ Rose Marie Auten Farm 6-AC·02C Revised 7197 395-53-01-1030 Page _7_ which is the last of _7_ pages EXHIBIT A SCOPE OF SERVICES EIAF -#3509 Firestone Municipal Building EXHIBIT A SCOPE OF SERVICES 1. PROJECT DESCRIPTION. OBJECTIVES. & REQUIREMENTS The Project will consist of the construction and furnishing of a municipal complex in the Town of Firestone (Contractor). The building will be approximately 7200 square feet. It will house the administrative offices, police department, community meeting/town board room, restrooms and site improvements. Energy/Mineral Impact Assistance funds in the amount of $ 175,000.00 are provided under this Contract to finance Project costs. The Contractor is expected lo provide $ 672,000 in Project financing, and, in any event, is responsible for all Project cost in excess of$ 175,000.00. Construction plans and specifications shall be drawn up by a qualified engineer licensed in the State of Colorado and hired by the Contractor through a competitive selection process. A construction contract shall be awarded to a qualified construction firm through a formal public bid process with the Contractor being obligated to award the construction contract to the lowest responsible bidder meeting the Contractor's specifications. Copies of any and all contracts entered into by the Contractor in order to accomplish this Project shall be submitted to the Department of Local Affairs, Field Services Section, upon execution, and any and all contracts entered into by the Contractor or any of its subcontractors shall comply with all applicable Federal and Colorado State laws and shall be governed by the laws of the State. of Colorado notwithstanding provisions therein to the contrary. 2. ENERGY AND MINERAL IMPACT The population of Firestone was 1,358 in 1990; it is currently estimated to be 1,563. Firestone began as a coal mining camp, but the last of the coal mines shut down in 1953. The more recent impacts are form the oil/gas industry. There are 46 oil/gas wells within the town limits. However, the Town's oil and gas assessed value has fluctuated from $3.8 million in 1981 to$ 205,860 in 1993. 3. TIME OF PERFORMANCE The Project shall commence upon the full and proper execution of this Contract and shall be completed on or before January 31, 2000. However, in accordance with Paragraph 8 contained within the main body of this Contract, the Project time of performance may be extended by Change Letter, subject to mutual agreement of the State and Contractor. To initiate this process, a written request shall be submitted to the State by the Contractor at least thirty (30) days prior to January 31, 2000, and shall include a full justificalion for the time extension. 4. BUDGET REVENUE Energy/Mineral Impact Assistance Grant Funds Contractor Funds TOTAL $175,000 672,000 $847,000 EXPENDITURES Construction Furnishings TOTAL Page 1 of 2 Pages $736,000 111,000 $847,000 EIAF -#3509 Firestone Municipal Building 5. EXHIBIT A SCOPE OF SERVICES PAYMENT SCHEDULE-GRANT AGREEMENT a. $10,000 b. 150,000 C. 15,000 $175,000 Initial payment to be made within thirty (30) days of the date of execution of this Contract. In interim payments reimbursing the Contractor for actual expenditures made in the performance of this Contract. Payments shall be based upon properly documented financial and narrative status reports detailing expenditures made to date. Final payment to be made upon the completion of the Project. The Contractor shall submit a final financial and narrative status repo_r:t documenting the expenditure of all Energy/Mineral Impact Assistance funds for which payment has been requested. TOTAL All requests for payment after the first payment shall be initiated by the Contractor in acccrdance with the provisions in Paragraph 5 of the main body of this Contract. 6. CONTRACT MONITORING 7. The State shall monitor this Contract on an as-needed basis. REPORTING SCHEDULE The Contractor shall submit financial and narrative status reports detailing Project progress and properly documenting all to-<late expenditures of Energy/Mineral Impact Assistance funds at the time payment requests are made, in accordance with the Payment Schedule contained in Exhibit A. Page 2 of 2 Pages RESOLUTION NO. A RESOLUTION AMENDING THE FIRESTONE DEVELOPMENT REGULATIONS TO CLARIFY THE APPLICATION FEE FOR A SPECIAL USE PERMIT FOR OIL AND GAS WELLS AND FACILITIES. WHEREAS, the Town Board finds it is necessary and appropriate to amend the Firestone Development Regulations to clarify the application fee for special use permits for oil and gas wells and facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Exhibit C of the Firestone Developm~nt Regulations, entitled "Fees and Charges" is hereby amended to add the following two lines to the Development Activity and Cost list, immediately following the line entitled "Special Use Permit Review 11 : Development Activity Special Use Permit/Oil and Gas Well .... Special use Permit/Oil and Gas Facilities. cost $1000.00 $1000.00 Section· 2. Exhibit c of the Firestone Development Regulations, entitled "Fees and Charges" is hereby further amended to insert the phrase "(other than oil and gas wells and facilities)" after the phrase "Special Use Permit Review." READ, and ADOPTED this 1998. /cl~ day of TOWN OF FIRESTONE, COLORADO Attest: Trudy Peterson Town Clerk 111198/1619[sjl]c:Fireetcm\Oil&Gas.reo Rick Patterson Mayor - ....... RESOLUTION NO. 98--3.:f A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF ·FIRESTONE, COLORADO, KNOWN AS THE CROSSROADS PUD ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Crossroads PUD Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 268.451 acres. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3 . Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general 2 property truces of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107 (2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Fir~esto e. INTRODUCED, READ, and ADOPTED this ~ay of -~/4/ ' 1998. ATTEST: T.Il. Peterson Town Clerk 120898/9ll[ejl]c:Fireaton\Croee2.ree (eligibility reo) 3 EXHIBIT A -LEGAL DESCRIPTION (CROSSROADS PUD ANNEXATIONI A tract of land located in the N1/2 of Section 11 and in the NW1/4 of Section 12, all of T2N, R68W of the 6th P.M. County of Weld, State of Colorado, described as follows: COMMENCING at the Northwest Corner of said Section 11, from which the W1 /4 Corner of said Section 11 bears S00°07'44"W, 2638.60 feet (Basis of Bearingl, thence N89°52'02"E, 1298.41 feet along the North Line of the NW1 /4 of the NW1 /4 of said Section 11 to the Northeast Corner of the NW1/4 of the NW1/4 of said Section 11; Thence N89°52'51"E, 547.74 feet along the North Line of the NE1/4 of the NW1/4 of said Section 11 to the Northeast Corner of Parcel 13 REV 3, a tract of land to be conveyed to the Colorado Department of Transportation for Project IR-IM(CXI 025-3(1101, as described in legal description dated March 3, 1997; Thence S00°07'09"E, 30.00 feet at right angles with the North Line of the NE1/4 of the NW1/4 of said Section 11 and along the Easterly Line of said Parcel 13 REV 3 to the South Right-of-way Line of Road No. 24 and the TRUE POINT OF BEGINNING; Thence continuing S00°07'09"E, 0.09 feet at right angles with the North Line of the NE1/4 of the NW1 /4 of said Section 11 and along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S83°33'30"W, 496.77 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S47°28'27"W, 160.94 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S00°09' 13"E, 111 .14 feet along the Easterly Line of said Parcel 13 REV 3 to a point of curve to the right; Thence Southwesterly, 609.58 feet along the arc of said curve and along the Easterly Line of said Parcel 13 REV 3 to a point tangent, said arc having a radius of 880.85 feet, a central angle of 39° 39'03", and being subtended by a chord that bears S 19°40' 19"W, 597 .49 feet; Thence S39°29'50"W, 638.44 feet along the Easterly Line of said Parcel 13 REV 3 to a point of curve to the left; Thence Southerly, 511 .51 feet along the arc of said curve and along the Easterly Line of said Parcel 13 REV 3, said arc having a radius of 892.59 feet, a central angle of 32°50'03", and being subtended by a chord that bears S23°04'48"W, 504.54 feet; Thence S04°01'52"W, 471.56 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S06°39'47"W, 148.84 feet along the Easterly Line of said Parcel 13 REV 3 to the North Line of the South 200 feet of the West 1000 feet of the NW1 /4 of said Section 11; Thence continuing S06°39'47"W, 201.32 feet along the Easterly Line of Interstate Highway No. 25 Frontage Road to be conveyed to the Colorado Department of Transportation for Project IR-IM(CXI 025-3(1101 to the South Line of the SW1/4 of the NW1/4 of said Section 11; Thence S89°54'04"E, 942.57 feet along the South Line of the SW1/4 of the NW1/4 of said Section 11 to the Southeast Corner of the SW1 /4 of the NW1 /4 of said Section 11; Thence S89°52'43"E, 1303.98 feet along the South Line of the SE1/4 of the NW1/4 of said Section 1 1 to the C 1 /4 Corner of said Section 1 1 ; • I Thence S89°53'24"E, 2602.99 feet along the South Line of the NE1/4 of said Section 11 to the E 1 /4 Corner of said Section 11 ; f Thence N89°33'29"E, 30.00 feet along the South Line of the NW1/4 of said Section 12 to ' the East Right-of-way Line of Weld County Road No. 11; Thence N00°26'22"W, 2627.47 feet along thJ East Right-of-way Lirie of said Weld County Road No. 11 to the South Right-of-way Line ofjsaid Road No. 24; Thence S89°32'10"W, 30.00 feet along the South Right-of-way Line of said Road No. 24 to an angle point thereof; I Thence S89°55'55"W, 2588.15 feet along thJ South Right-of-way Line of said Road No. 24 to an angle point thereof; I Thence S89°52'51 "W, 750.52 feet along the South Right-of-way Line of said Road No. 24 to the TRUE POINT OF BEGINNING. / Area = 268.451 acres. more or less. 120898/102[sj1Jc:fireston\Cross.legal I i . ' RESOLUTION NO. 98-.:::1i._ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DEL CAMINO EAST PUD ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Del Camino East PUD Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether .consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 233.101 acres. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3 . Four copies of an annexation map of the areas proposed to 'be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances ·becoming effective, all. lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general 2 property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. s. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this ~ay of ~Altk/ 1998. ATTEST: ..C:•~-- s: '.\!, \....... . .. ·•·•·· Town 120898/l347(ojl]c:Firestcm\Camino1.reo (eligibility res) 3 EXHIBIT A -LEGAL DESCRIPTION (DEL CAMINO EAST PUD ANNEXATION) A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 11, FROM WHICH THE SOUTHWEST CORNER OF SAID SECTION 11 BEARS NORTH 90°00' 00" WEST (BASIS OF BEARING); THENCE NORTH 90°00'00" WEST 1,310.51 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE CONTINUING NORTH 90°00'00" WEST 8.35 FEET ALONG THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE NORTH 00°15'51" WEST 2,631.05 FEET; THENCE SOUTH 89° 52' 28" EAST 21. 39 FEET TO THE WEST LINE OF THE EAST ONE- HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE NORTH 00°01'11" EAST 34.55 FEET ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE NORTHWEST CORNER OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11; THENCE SOUTH 89°52'43" EAST 1,303.98 FEET ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE CENTER ONE-QUARTER CORNER OF SAID SECTION 11; THENCE SOUTH 00°07'14" EAST 2,662.77 FEET ALONG THE EAST LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 11 TO THE SOUTH ONE-QUARTER OF SAID SECTION 11 AND THE POINT OF BEGINNING. AREA= 80.850 ACRES MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 11; THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11, SOUTH 90°00'00" WESTl,310.51 FEET TO THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE CONTINUING SOUTH 90°00'00" WEST 8.35 FEET; THENCE NORTH 00°15'51" WEST 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 90°00'00" EAST 1,318.93 FEET TO A POINT ON THE NORTH- SOUTH CENTERLINE OF SAID SECTION 11; THENCE ALONG SAID NORTH-SOUTH CENTERLINE, SOUTH 00°07'14" EAST 30.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.908 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND LOCATED IN THE NORTH ONE-HALF OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14, FROM WHICH THE NORTHWEST CORNER OF SAID SECTION 14 BEARS NORTH 90°00' 00" WEST (BASIS OF BEARING); THENCE SOUTH 89°55'19" EAST 1,309.01 FEET ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14 TO THE NORTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 00°18' 06" EAST 2,654.12 FEET ALONG THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14 TO THE SOUTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 89°55'17" WEST 1,317.54 FEET ALONG THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 14 TO THE CENTER ONE- QUARTER CORNER THEREOF; THENCE SOUTH 89°57'04" WEST 1,303.92 FEET ALONG THE SOUTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14; THENCE NORTH 00°15'33" WEST 2,107.72 FEET ALONG THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF LOT A OF RECORDED EXEMPTION NO. 1313-14-2-RE1400 AS RECORDED IN BOOK 1344 AS RECEPTION NO. 2297301 OF THE RECORDS OF WELD COUNTY, COLORADO; THENCE NORTH 81°06'37" EAST 64.07 FEET ALONG THE SOUTHERLY LINE OF SAID LOT A OF RECORDED EXEMPTION NO. 1313-14-2- RE1400; THENCE NORTH 64°18'44" EAST 492.53 FEET ALONG THE SOUTHERLY LINE OF SAID LOT A OF RECORDED EXEMPTION NO. 1313-14-2-RE1400; THENCE NORTH 00°15'47" WEST 327.70 FEET ALONG THE EAST LINE OF SAID LOT A RECORDED EXEMPTION NO. 1313-14-2-RE1400 TO THE NORTHEAST CORNER THEREOF ALSO BEING A POINT ON THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14; THENCE SOUTH 90°00'00" EAST 802.37 FEET ALONG THE NORTH LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 14 TO THE NORTH ONE-QUARTER CORNER THEREOF AND THE POINT OF BEGINNING. AREA= 154.613 ACRES MORE OR LESS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TRACT OF LAND: BEGINNING ON THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14, SOUTH 89°55'19' EAST 1,309.01 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 14; THENCE ALONG THE EAST LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 14, SOUTH 00°18'06" EAST 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY-LINE OF WELD COUNTY ROAD NO. 22; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, NORTH 89°55'19" WEST 1,309.11 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID SECTION 14, WHENCE THE NORTH ONE-QUARTER CORNER OF SAID SECTION 14 BEARS NORTH 00°07'03" WEST 30.00 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, SOUTH 90°00'00" WEST 802.21 FEET; THENCE NORTH 00°15'47" WEST 30.00 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE ALONG SAID NORTH LINE, SOUTH 90°00'00" EAST 802.28 FEET TO THE POINT OF BEGINNING, CONTAINING 1.454 ACRES MORE OR LESS. THE TOTAL AREA BEING ANNEXED= 233.101 ACRES MORE OR LESS 120898/141l[sjl]c:Myfiles\firestone\Carnlno.legal ., RESOLUTION NO ~'J TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 1999 AND ENDING ON THE LAST DAY OF DECEMBER, 1999. WHEREAS, the Board of Trustees of the Town of Firestone has directed T.L. Peterson, Town Clerk/Administrator, to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, T.L. Peterson, Town Clerk/Administrator, has submitted a proposed budget to this governing body on October 11, 1998, for its consideration, and; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, in accordance with the amendment ("Amendment 1") adding Article X, Section 20 to the Colorado Constitution, approved by the voters on November 3, 1992, an "Amendment One Emergency reserve" is included in the budget in a total amount estimated to equal three percent of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated during 1999 when necessary final information is available to the Town, and; WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues, keeping both within the revenue and spending limitations required by Article X, Section 20 ("Amendment 1 "), so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is approved and adopted as the budget of the Town of Firestone for the year stated above. \ Section 2. That the budget hereby approved and adopted shall be signed by the Mayor, and made a part of the public records of the Town. ADOPTED THIS TENTH DAY OF DECEMBER, 1998. ATTEST: Town Clerk By: ~ « z:zc:::::::· . ...-~< ; ( I ·· .. ·• .. ' RESOLUTION NO .fr_Jf TOWN OF FIRESTONE, COLORADO RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1998, TO HELP DEFRAY COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 1999 BUDGET YEAR. WHEREAS, the Board of Trustees must certify the mill levy for the 1999 budget year by December 15, 1998, and; WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $109,596, and; WHEREAS, the 1998 valuation for assessment for the Town of Firestone, as certified by the County Assessor, is $7,865,600. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 1999 budget year, there is hereby levied a tax of 13.934 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1998. Section 2. That for the purpose of meeting the debt service requirement expenses for the 1999 General Obligation Bonds of the Town of Firestone during the 1999 budget year, there is hereby levied a tax of 3.539 mills upon each dollar of the total valuation for the assessment of all taxable property within the Town for the year 1998. Section 3. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levies for the Town of Firestone as hereinabove determined and set. ADOPTED, this Tenth day of December ~ Clerk RESOLUTION NO. 'f9'(5'7 A RESOLUTION ESTABLISHING TI-IE MAXIMUM SALARIES OF TI-IE TOWN CLERK/ADMINISTRATOR, DEPUTY TOWN CLERK/TREASURER, CHIEF OF POLICE, POLICE SERGEANT, PATROLMAN #1, PATROLMAN #2, MAINTENANCE SUPERVISOR, MAINTENANCE HELPER, AND PART TIME POLICE OFFICERS FOR TI-IE FISCAL YEAR 1999 FOR TI-IE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 1999 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain monies contained in the adopted budget have been designated for salaries for officers and employees of the Town of Firestone, Colorado; NOW TIIEREFORE BE IT RESOLVED by the Board of Trustees of the Town of Firestone, Colorado that the following salaries be set. for the various officers and employees of the Town of Firestone for the fiscal year beginning January I, 1999 and ending December 31, 1999. Town Clerk/ Administrator Deputy Town Clerk/Administrator Chief of Police Police Sergeant Patrolman #1 Patrolman #2 Part-time Patrolman Maintenance Supervisor Maintenance Helper $3,008.00 per month $ 2,081.00 per month To be determined Position not filled $ 2,369.00 $2,163.00 $ 9.27 per hour $2,575.00 $2,000.00 INTRODUCED, READ AND ADOPTED THIS 10th DAY OF DECEMBER, 1998. ATTEST: _, RESOLUTION NO. 99-,::::1/ A RESOLUTION CONSENTING TO THE TRANSFER OF CONTROL OF THE TOWN'S CABLE TELEVISION SYSTEM FRANCHISEE TO AT-&-T CORP. WHEREAS, on February 10, 1981, the Town of Firestone, Colorado granted to Satellite Communications Cable Television Service, Inc., a franchise to own and operate a cable television system in the Town as set forth in Ordinance No. 160, as amended by Ordinance Nos. 321, 351, 370, 384 and 403; and WHEREAS, such franchise is currently held by TCI Cable Television of Colorado, Inc. ("Franchisee"), WHEREAS, Franchisee is a subsidiary of, and is controlled by, Tele-Communications, Inc., a Delaware corporation ("TCI"); and WHEREAS, as set forth in Firestone Municipal Code ("F.M.C.") § 13.16.340, the Franchise requires the Town's consent to any transfer of ownership or control thereof; and WHEREAS, TCI has entered into an Agreement and Plan of Restructuring and Merger (the "Merger Agreement") with AT-&-T Corp., a New York corporation, and Italy Merger Corp., a Delaware corporation and a direct and wholly owned subsidiary of AT-&-T, for the purposes of the merger of Italy Merger with and into TCI; and WHEREAS, this merger will effect a change of control of TCI and Franchisee pursuant to the Franchise; and WHEREAS, pursuant to F.M.C. § 13.16.340 and 47 U.S.C. § 537, as amended, TCI and AT-&-T have requested the Town approve the transfer of control of the Franchisee from TCI to AT-&-T; and WHEREAS, the Town has investigated the status of the Franchise, the Franchisee's compliance therewith, and the technical, legal and financial ability of AT-&-T to control the Franchisee's compliance with the Franchise; and WHEREAS, based upon the Town's investigation, and representations made to the Town by TCI and AT-&-T, upon which the Town is relying, the Town is prepared to approve the transfer of control of the Franchisee from TCI to AT-&-T, pursuant to the conditions described herein. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 .. Section 1. The Town hereby consents to and approves the transfer of control of the Franchise from TCI to AT-&-T. Section 2. The Town confirms the Franchise is currently in full force and effect and expires on February 10, 1999. Section 3. This Resolution approving the transfer of control is based in part upon the following representations and acknowledgments made by Franchisee, TCI and AT-&-T to the Town, all of which are considered material and have been relied upon by the Town: (A) That the Merger Agreement, and all of the attachments to that document, provided to the Town with FCC Form 394 (except for those materials which have been redacted pursuant to law, and are identified by title or topic in the Merger Agreement and its attachments) constitutes the entire agreement regarding the merger between TCI, Italy Merger and AT-&-T; (B) That additional services provided over the cable system to subscribers in the Franchise area, presently and during the term of the Franchise and any extensions thereof, shall, to the extent permitted by federal law, be considered cable services. By way of example, and not by limitation, TCI's @Home content-enriched cable Internet access service currently is considered a cable service pursuant to Title VI of the Communications Act of 1934, as amended by the Telecommunications Act of 1996, and is not a telecommunications service; (C) That Franchisee comply with all lawful requirements with respect to nondiscriminatory access to the Franchisee's cable modem platform for providers of Internet and on- line services; (D) That Franchisee will maintain staffing levels necessary to continue provision of the current level of customer service, and will comply with all federal regulations regarding technical standards of cable systems; (E) That no future intra-corporate transfers, mergers, or other changes of ownership or control, affecting Franchisee, will change the obligations or liability of Franchisee to the Town with respect to any of the terms, conditions and obligations of the Franchise, unless prior approval is granted by the Town in writing; 11299/ 18: 20 [Jank] C: \MyFile:,\ Fire,tono\Ros\ TCI-AT,T .wpd 2 (F) That Franchisee, TCI and/or AT-&-T will comply with all applicable laws regarding rates for cable services within the Franchise area and all applicable laws covering issues of cross subsidization; (G) That in the event of any failure to comply with these representations and/or acknowledgments, or any misrepresentations concerning the same, the Town may enforce any penalty provisions pursuant to the Franchise and exercise any other remedy available to it by law. Section 4. By passage of this Resolution, the Town makes no representations concerning whether any violations or non- compliance issues exist with respect to the Franchise. Nothing in this Resolution shall be construed by the Franchisee, TCI or AT-&-T as precluding the Town from addressing any past, present or future acts of noncompliance by Franchisee, pursuant to the terms of the Franchise. Section 5. This Resolution shall take effect upon the closing of the Merger Agreement. Section 6. This Resolution is conditioned upon approval of the transaction between TCI, AT-&-T and Italy Merger by their respective shareholders and all required federal government agencies, in substantially the same form as the transaction described in the Merger Agreement and related documents delivered to the Town with TCI's Form 394 filing. Should the transaction as approved by the shareholders and federal government agencies differ in any material respect from that represented in the documents described herein, this Resolution shall be voidable at the sole option of the Town. Within thirty (30) days following the closing of the Merger Agreement, Franchisee shall file with the Town a statement that the above conditions have been met. ~~UCED, READ, and ADOPTED --~--;>~,:;,.a:;,,.c.~""-"'-w""'~=~----' -~ :99. this day of OF FIRESTONE, COLORADO -- 11299/lB:20(kmk)C:\HyFilo5\Firo5tono\Re5\TC1-AT,T.wpd 3 ' " Town Clerk 11299/ 18: 20 ( kmkJ C: \MyFiles\ Firestone\ Res\ TCI-AT,T. wpd 4 RESOLUTION NO. 99'---,,t::';;ry A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town and the Central Weld County Water District are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, the District has increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of the District's increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with District increases and the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The fol lowing monthly rates and charges shal 1 be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 Over 20,000 Meter First Per 1,000 Per 1,000 Per 1,000 Size 5,000 Gallons Gal Ions Used Gallons Used Gallons Used 5/8" $19. 12 $1. 10 $1. 20 $1.30 3/4" $29.92 $1.10 $1. 20 $1. 30 1 $55.42 $1. 10 $1.20 $1.30 1-1/2" $80.22 $1. 10 $1.20 $1.30 2" $135.22 $1.10 $1.20 $1. 30 Section 2. Connection fees, capital investment and repair charges, The fol lowing connect ion fees, capita! investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights-of-way, open space, or medians, or any facility developed, owned or paid for by the Town. ., Capital Capital Meter Connection Investment Investment Size Charge and Repair CWCWD Total 5/8" $5,800 $600 $2,000 $8,400 3/4" $7,800 $600 $2,000 $10,400 1" $13,800 $600 $2,000 $16,400 Connection fees, capital investment and repair charges for taps requiring a meter larger than one inch shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension (''Agreement") by and between the Town, the Central Weld County Water District ( "CWCWD"), the Town of Frederick and the City of Dacono dated February 16, 1994, the foregoing connect ion fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any Jot platted prior the January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five water taps purchased for such platted Jots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tap Size 5/8" 3/4" 1 " INTRODUCED, READ, and ADOPTED T.L. Peterson Town Clerk Reduction Amount $2,000 $3,000 $6,000 this 12!!'aay of !f1v«t;x // TOWN OF FI RES TONE, COLORADO c/4,7qz..,-,.=: . .=-~-- tterson -SEAL •• ......... ,,,1 .... . .. RESOLUTION NO.~,o'.J A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. READ, AND ADOPTED this _.le day of ~~~_......,1998. ATTEST: TOWN OF FIRESTONE, COLORADO </L/y{fi ~ Rick Patterson, Mayor , ~OWr;·-~ I •, .. r· '- ·-... RESOLUTION NO. 99-~ A RESOLUTION CONCERNING AN ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE FIRESTONE TRAIL FIRST ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, the Town of Firestone is the sole owner of certain property described in Exhibit A attached hereto; and WHEREAS, the Town Board desires to annex such property to the Town pursuant to C.R.S. §31-12-106(3), which annexation is to be known as the Firestone Trail First Annexation to the Town of Firestone; and WHEREAS, the Town Board findings in regard to the annexation to the Town. desires to adopt by Resolution its eligibility of such property for NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of inter_est exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, 1 unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 18.21 acres. k. A plan is in place, pursuant to Section 31-12-· 105 (1) (e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 2 4. Upon the annexation ordinances becoming effective, all lands within the area proposed to be annexed will become subject to all applicable ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed. 7. The Town is the landowner of one hundred percent (100%) of the area proposed to be annexed, and the area proposed to be annexed is not solely a public street or right-of- way. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this <-.Jf#day of ~, 1999. /I terson ATTEST: ... •· ., ·· .•. • l ,.....,,.<;-.,. • r·,· ·. \ 'ii . \._,,. ··-·-· .......... Town Clerk 012499/829[sjl]c:Fireotone\Trail.ren 3 . . . EXHIBIT A Legal Description: Firestone Trail First Annexation A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 19, T2N, R67W OF THE SIXTH PRINCIPAL MERIDIAN; TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO; BEING THE SAME TRACT OF LAND AS'CONVEYED TO THE UNION PACIFIC RAILROAD BY DEED RECORDED JUNE 13, 1910 IN BOOK 320 AT PAGE 187 OF THE WELD COUNTY RECORDS; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST QUARTER CORNER OF SAID SECTION 19, AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST QUARTER TO BEAR S89°09' 21"E AS DETERMINED BY GPS OBSERVATION, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S89°09'29"E, 29.60 FEET TO A #4 REBAR WITH CAP STAMPED LS31169, SAID REBAR MARKING THE POINT OF BEGINNING; THENCE N00°17'48"E, 5289.56 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19, FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION BEARS N88°49' 44 "W, 29. 79 FEET, SAID POINT BEING MARKED BY A #4 REBAR STAMPED LS31169; THENCE ALONG SAID NORTH LINE S88°49'44"E, 150.02 FEET TO A #4 REBAR WITH CAP STAMPED LS31169; THENCE S00°17' 48 "W, 5288. 70 FEET TO A POINT ON THE SOUTH LINE OF SECTION 19, SAID POINT MARKED BY A #4 REBAR WITH CAP STAMPED LS31169. THENCE ALONG THE SOUTH LINE OF SAID SECTION 19, S89°09'2l"E, 150.00 FEET TO THE POINT OF BEGINNING, MARKED BY A #4 REBAR WITH CAP STAMPED LS31169. SAID DESCRIBED TRACT OF LAND CONTAINS 18.21 ACRES MORE OR LESS. 4 .. RESOLUTION NO. 99-5 A RESOLUTION APPROVING TWO SPECIAL USE PERMITS FOR PATINA OIL & GAS CORPORATION TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation ("Patina") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate two oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the CAVEY U 24-4Ji Well and the Perrin V 20-7Di Well, the locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, Patina has submitted applications and supporting materials pursuant to Chapter 15. 48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special uses have been reviewed by Town staff and the Firestone Planning and Zoning Commission; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the special use applications and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the applications and the Commission's recommendation, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that, with conditions, the special use applications for the proposed CAVEY U 24-4Ji Well and the Perrin v 20-7Di Well meet the special use permit criteria set forth in the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed special uses should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section does hereby (hereinafter 1. The Board of Trustees of the Town of Firestone approve and grant to Patina Oil & Gas Corporation "Patina" or "Applicant") Special Use Permits for 1 location of the CAVEY U 24-4Ji Well and the Perrin V 20-7Di Well within the Town of Firestone, in the locations more particularly described in Exhibit A, attached hereto and made a part hereof, subject to the following conditions: A. Conditions Applicable to Both Wells: 1. The Town's special use approvals for the CAVEY u 24-4Ji Well and the Perrin V 20-7Di Well shall expire one year from the date of this Resolution, if operations for each well are not commenced by such date. In the event either special use approval expires, Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code for the well(s) for which approval has expired. 2. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas conservation commission permits for such wells and the final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. Applicant shall provide to the Town copies of all state permits and subsequent notices filed with the state and affecting the wells. 3. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. 4. Prior to moving the drilling rig onto the well sites, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig within the Town and County. 5 . Applicant shall provide to the Town copies executed surface damage agreements or memoranda respecting operation of the CAVEY u 24-4Ji Well Perrin V 20-7Di Well. of any thereof and the 6. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any damage or interference with any Town installations, structures, utilities, or improvements. Applicant shall be responsible for all damages to such interest of the Town which are caused by the Applicant. 7. Applicant at its sole expense shall control fugitive dust at the well sites and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 2 B. Conditions Applicable to Cavey O 24-4Ji Well: 1. Access to the existing buildings shall be maintained during installation and operation of the well facilities. 2. The existing Central Weld County Water District service to the property and buildings shall be maintained {and relocated if necessary) during installation and operation of the well facilities. 3. Existing gas and buildings shall necessary) during facilities. electric service to the property and be maintained {and relocated if installation and operation of the well 4. Applicant shall at its expense install chain link fencing with solid tan aluminum lathing at the wellhead and production facility, in order to secure and screen the wellhead and production facility. 5. The Sullivan Ditch shall be protected from potential spills from the well facilities. 6. All processing facilities for the well, as developed or modified, shall be of a low profile design with a height not to exceed twelve (12) feet. C. Conditions Applicable to the Perrin V20-7Di Well: 1. Applicant shall at its expense install chain link fencing with tan nylon mesh screening at the well site {wellhead only), in order to secure and screen the well site. 2. The existing pond and the Coal Ridge Ditch shall be protected from potential spills from the well facilities. 3. If the production facilities for this well are annexed to the Town, such facilities shall be secured and screened by chain link fencing with tan nylon mesh screening; shall not be modified in a manner that increases their height beyond the height existing at the time of annexation; and, if replaced, shall be replaced with low profile production facilities with a height not to exceed twelve (12) feet. 4. The Town may require that any nylon mesh screening be replaced with solid tan aluminum lathing if the Town reasonably determines that the nylon mesh screen material or color is not sufficiently durable to serve its intended purpose as full, natural colored screen of the well facilities. 3 ~ INTRODUCED, READ, and ADOPTED this // day of Q~,k?Jl- 1999. ATTEST: czrd:-0 T.L. Peterson Town Clerk 021299/1109[ojl]c:Fireaton\Patinal.reo Rick Patterson •• •·~ 1,i1 •.• / . ' -. , ,·~· ·. "\ ·;; '-'-· ... : \. ,,,,.v:;,,, ·-.. .· 4 EXHIBIT A Description of Well Locations CAVEY u 24-Ji Well: The approximate location of the CAVEY U 24-4Ji well is 1213 feet from the west line and 221 from the north line of Section 24, Township 2 North, Range 68 West, 6th P.M., being located in the NW/4NWl/4 of said Section 24. The well is generally 1213 feet east of Road 11 and 221 feet south of Road 20. Perrin v 20-7Di Well: The approximate location of the Perrin v 20-7Di Well is 1773 feet from the east line and 2196 from the north line of Section 20, Township 2 North, Range 67 West, 6th P.M., being located in the SW/4NE1/4 of said Section 20. The well is generally 2196 feet south of Road 20 and 1772 feet from the east line of said Section 20. 5 RESOLUTION NO. 9~d A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. IN RODUCED, READ, AND ADOPTED this JI~ day of ~~~'---'' 1999. TOWN OF FIRESTONE, COLORADO ~..;.=a..- Rick Patterson, Mayor ATTEST: ~~ TL.eterson:Yown Clerk RESOLUTION NO._-2£-/ A RESOLUTION APPROVING A RENEWAL APPLICAATON FOR TEMPORARY USE PERMITS FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application for renewal by the Town to the northern Colorado Water Conservancy District for temporary use permits, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Deputy Town Clerk. INTRODUCED, READ, AND ADOPTED this ~S~ day of ~ ,1999. ~ TOWN OF FIRESTONE, COLORADO <&¥-~ Rick Patterson, Mayor ATTEST: Q~,~~ Patricia A. Nelson, Deputy Tow / " .. • r ( J ' ,, ',•, -. 1 J/\.38 \ ','\ -...... ,, ..... ' " ,, '•n ' . f • J ., ·,1 ' I ' , RESOLUTION NO. 99-,JJ" A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR RIDGE CREST P.U.D. -FILING 1. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 1; and WHEREAS, all material·s related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 1 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees Colorado, does hereby approve the Final Development Plan for Ridge Crest P.U.D. conditions set forth on Exhibit incorporated herein by reference. of the Town of Firestone, Subdivision Plat and Final -Filing 1 subject to the A, attached hereto and ::1:.1:DUCED, READ, and ADOPTED this J'-3 t;t, day of~ , 1999. 1 ATTEST: T.L. Peterson Town Clerk 030299/1228[sjl]c:Fireston\Ridge.res 2 Rick Patterson Mayor Final Plat Exhibit A Ridge Crest P.U.D. -Filing 1 Conditions of Approval 1. Offsite drainage easements shall be shown on the Final Plat for all of the proposed and temporary drainage swales and detention ponds. These easements shall be to be dedicated to the Town of Firestone prior to recording of the final plat. All such easements shall be shown on the overall utility plan. 2. The main collector street shall be named St. Vrain Ranch Boulevard. 3. The title of the plat shall be revised to "Ridge Crest P.U.D. Filing l." 4. The dedication block shall be revised to read as follows (changes shown in underline and strilceout): Has Ha-ve laid out, subdivided and platted said land as per drawing hereon contained under the name and style of Ridge Crest Subdivision Filing No. 1, a subdivision of part of the Town of Firestone, County of Weld, State of Colorado, and by these presents does hereby dedicate to the Town of Firestone Tracts A, F and S, and the streets, avenues ~and other public placesT traets/outlots) as shown on the accompanying plat for the public use thereof forever and does further dedicate to the use of the Town of Firestone and all serving public utilities (and other appropriate entities) those portions of said real property which are so designated as easements as shown. 5. Delete from the statement following the dedication block the phrase "any Home Owners Association owned and maintained Open Space." 6. Add plat note stating "There is hereby granted and conveyed to all emergency service providers an irrevocable, nonexclusive and perpetual easement over all Tracts dedicated to the Homeowner's Association for purposes of ingress and egress for emergency vehicles and the provision of emergency services." 3 7. The Subdivider shall record with the final plat a Special Warranty Deed conveying to the Town the Tracts that are to be public property, free and clear of all liens and encumbrances. 8. An updated title commitment shall be submitted to the Town Attorney prior to recording of the Final Plat, and a title policy shall be provided for the Tracts conveyed to the Town. 9. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. Final Development Plan Text 1. Correct the notation on the uadjoining property" to the west. 2. The owner shall petition to include the property into the Carbon Valley Recreation District. A copy of the petition for inclusion shall be provided to the Town for review. 3. The specific model types that will be built shall be identified in the Architectural section. The third sentence in the Architectural section shall be revised to be consistent with the elevations shown, with language acceptable to the Town Planner. 4. Replace the Vicinity Map (Appendix I) with the one used on the FDP map. 5. No dwelling units shall have single car garages. 6. Add rear setbacks in the Residential Setbacks table on Page 6 and correct the table accordingly. 7. Add to Page 6 a specific date for completion of public improvements, which date shall correspond to the date stated in the Subdivision Agreement by which public improvements will be completed and conditional acceptance requested. 8. Final homeowners association documents (including but not limited to articles of incorporation, bylaws, agreements, and deeds) shall be reviewed and approved by Town Staff prior to execution and/or recording. The covenants shall be reviewed by Town Staff prior to their recording. FOP Map and Associated Sheets 4 1. Rename Road 22 to Sable Avenue, per Firestone Street Grid, on the Vicinity Map. 2. Replace • Proposed" with •u1 timate" for Road 15 Right-of-way. 3. Rename Ridge Crest Avenue as St. Vrain Ranch Bouelvard. 4. Add typical architectural elevations for all models. 5. Add additional trees to the landscape buffer along Road 15, at the south end of Filing 1. Minimum sizes and spacing of all landscaping shall be consistent with the Baseline Design Standards. 6. The irrigation system for the entry features and Road 15 buffer tract shall be located outside of the ultimate Road 15 right-of-way. All Irrigation taps shall be shown on the water plans and installed before the streets are paved. All irrigation taps shall include a double check valves and a meter. 7. All expanded and existing rights-of-way shall be shown on the irrigation plans. No irrigation systems shall be located within the Road 15 right-of-way. 8. The location of connections to the potable water lines for the irrigation system shall be shown on the utility plans. 9. All irrigation line road crossings (sleeve locations) shall be perpendicular to the streets. Location conflicts between proposed utilities and irrigation lines shall be resolved in a manner acceptable to the Town Engineer. 10. The irrigation plans (section Il-8) shall be added to the FDP map or, if under separate cover, the reference to them shall be deleted from the FDP Map cover sheet. The plans shall be acceptable to the Town Engineer. 11. Typical landscape plans for the large lots and the small lots shall be added and shall meet the minimum requirements of the Town's uniform residential design standards. 12. On Sheet LS of Landscape Plan, correct general note references from City to Town of Firestone. 13. On Sheet 4 of 4, add detail to the Road 15 entry monuments to specifically represent the proposed sign/column locations. 5 RESOLUTION NO. 99-_iZ:} A RESOLUTION APPROVING A MINOR SUBDIVISION PLAT FOR THE OVERLOOK AT FIRESTONE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Minor Subdivision Plat for The Overlook at Firestone; and WHEREAS, all materials related to the proposed Minor Subdivision Plat have been reviewed by Town Staff and the Firestone Planning and Zoning commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision Plat and has forwarded to the Board of Trustees a recommendation of approval; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision Plat, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision Plat for The overlook at Firestone should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Minor Subdivision Plat for The overlook at Firestone subject to the following conditions: 1. Public open space dedication requirements shall be met at or prior to further subdivision of the property subject to the minor plat, consistent with Town ordinances and the Annexation Agreement governing the property. A note stating the above shall be added to plat. 2. The "Additional Town Approval" block shall be removed from Sheet 1 of the Plat. 3. The Plat shall contain a lienholder(s)' consent to the right-of-way dedication, which consent shall be in a form acceptable to the Town Attorney. 4. Oil and Gas Well setbacks shall be a minimum of 150 feet. 1 INTRODUCED, 1999. ATTEST: .nn Town Clerk READ, and ADOPTED this _L_ day of-~ rJ# +--- Rickatterson Mayor 040899/1720{ajl]c:Fireoton\Overlk.res 2 RESOLUTION NO. ,?;f✓/tf} A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~!)UCED, READ, . ,,// , 1999. AND ADOPTED this ii!:. day of TOWN OF FIRESTONE, COLORADO j ~fiec= • Rick Patters ATTEST: T.L. Peterson, Town Clerk RESOLUTION NO. 99-__d_ A RESOLUTION APPROVING TWO SPECIAL USE PERMITS FOR PATINA OIL & GAS CORPORATION TO LOCATE TWO OIL AND GAS WELLS WITHIN THE TOWN OF FIRESTONE. WHEREAS, Patina Oil & Gas Corporation {"Patina") has submitted to the Board of Trustees of the Town of Firestone applications for special use permits to locate two oil and gas wells within the Town; and WHEREAS, the wells proposed to be located within the Town include the Rocky Mountain Fuel V 19-16Ji Well and the Rocky Mountain Fuel v 19-6Ji Well, the locations of which are more particularly described in Exhibit A attached hereto; and WHEREAS, Patina has submitted applications and supporting materials pursuant to Chapter 15. 48 of the Firestone Municipal Code; and WHEREAS, all materials related to the proposed special uses have been reviewed by Town staff and the Firestone Planning and zoning Commission; and WHEREAS, pursuant to Chapter 17.32 of the Firestone Municipal Code, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the special use applications and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the applications and the Commission's recommendation, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that, with conditions, the special use applications for the proposed Rocky Mountain Fuel v 19-6Ji well and the Rocky Mountain Fuel v 19-16Ji Well meet the special use permit criteria set forth in the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed special uses should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone does hereby approve and grant to Patina Oil & Gas Corporation 1 (hereinafter "Patina" or "Applicant") Special Use Permits for location of the Rocky Mountain Fuel v 19-6Ji Well and the Rocky Mountain Fuel v 19-16Ji Well within the Town of Firestone, in the locations more particularly described in Exhibit A, attached hereto and made a part hereof, subject to the following conditions, which are applicable to both wells: 1. The production facilities, as developed or modified, shall be of a low profile style, with a maximum height not to exceed twelve (12) feet in height. 2. The Town's special use approval shall expire on the date of expiration of the Oil and Gas Conservation Commission Permit to drill the well or one year from the date of this Resolution, whichever is later, if operations for the well are not commenced by such date. In the event either special use approval expires, the Applicant shall apply for a new special use permit pursuant to Chapter 15.48 of the Firestone Town Code for the well(s) for which approval has expired. 3. Oil and gas operations shall be conducted in compliance with all federal, state, and local laws, rules and regulations, including but not limited to the Colorado Oil and Gas Conservation Commission permits for such wells and the .final special use permit application materials approved by the Town Board, which materials are incorporated herein by reference. Applicant shall provide to the Town copies of all state permits and subsequent notices filed with the state and affecting the wells. 4. Prior to entering the site, Applicant shall obtain from the Town necessary building permits and notices to proceed. s. Prior to moving the drilling rig onto the well sites, Applicant shall obtain from the Town and Weld County necessary permits to move the drilling rig within the Town and County. 6 . Applicant shall provide to the executed surface damage agreements respecting operation of the well. Town copies of any or memoranda thereof 7. In the exercise of its rights pursuant to this special use approval, Applicant shall avoid any interference with any Town installations, utilities, or improvements. Applicant responsible for all damages to such interest which are caused by the Applicant. 2 damage or structures, shall be of the Town ·, 1999. 8. Applicant at its sole expense shall control fugitive dust at the well sites and on access roads on an as-needed basis. Methods and chemicals used for dust control shall comply with Town ordinances and regulations. 9. The oil/gas well facilities shall utilize setbacks as specified in the Colorado Oil and Gas Conservation Commission Rules and Regulations or the Firestone Town Code, whichever is more restrictive. 10. The well site area shall be secured and screened by chain link fencing with "solid" tan aluminum lathing. 11. Existing access locations shall be utilized, if appropriate and as approved by the Town Engineer. The applicant shall provide confirmation of abandonment of the existing access through the Horton property. d ,/,/. . . ::;, / INTRODUCED, READ, and ADOPTED this&..:!.. day of-~=="""':::_ __ _ ·-Rick Patterson ATTEST: T.L. Peterson Town Clerk 042399/102l{ojl]c:Fireoton\Patina2.reo 3 ... ,. \• EXHIBIT A Description of Well Locations Rocky Mountain Fuel v 19-16Ji Well: The approximate location of the Rocky Mountain Fuel v 19-16Ji Well is 460 feet from the east line and 458 from the south line of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the SE1/4SE1/4 of said section 19. Rocky Mountain Fuel v 19-6Ji Well: The approximate location of the Rocky Mountain Fuel v 19-6Ji Well is 1593 feet from the west line and 2184 from the north line.of Section 19, Township 2 North, Range 67 West, 6th P.M., being located in the SE1/4NW1/4 of said section 19. 4 RESOLUTION NO. 99-.Af_ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR THE OVERLOOK AT FIRESTONE, REPLAT "A", AND APPROVING A FINAL DEVELOPMENT PLAN FOR A PORTION OF THE OVERLOOK AT FIRESTONE, REPLAT "A" WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat for The overlook at Firestone, Replat "A", and for approval of a Final Development Plan for a 12.996-acre portion of The overlook at Firestone, Replat "A"; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat for The overlook at Firestone, Replat "A", and the proposed Final Development Plan for a 12.996-acre portion thereof, should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: section 1. The Board of Trustees of the Town of Firestone does hereby approve the Final Subdivision Plat for The Overlook at Firestone, Replat "A", and the Final Development Plan for a 12. 996- acre portion thereof, subject to the following conditions: Final Plat 1. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 2. The "Acceptance of Dedication" block for the Weld County Tri Area Sanitation District shall be revised to strike the phrase •outlet A as" and to insert the phrase "over Out lot A" after the word "easement" . 1 3. The Final Plat shall contain a lienholder consent for the Gillespie Family Partnership, Ltd., consenting to the dedication of outlets, streets, avenues and easements, and releasing such lands from its lien. The consent shall be in a form acceptable to the Town Attorney. 4. At the time of recording of the Final Plat, Subdivider shall convey to the Town.by special warranty deed Outlet A, free and clear of all liens and encumbrances. An updated title commitment shall be submitted prior to recording of the Final Plat, and a title policy shall be provided for Outlet A conveyed to the Town. 5. A note shall be added to the plat stating as follows: "Public open space requirements for Tracts 1 and 2 hereof shall be met at or prior to any further subdivision or development of such Tracts, in a manner consistent with Town of Firestone ordinances and the Annexation Agreement governing the property." 6. Prior to the commencement of construction of any public improvements for the subdivision, the Owner shall transfer to the Town title to the required water rights for all of the subdivided lots on the approved Final Plat. The amount of water transferred shall be as required by Firestone Municipal Code section 1.08.050. 7. Prior to Town execution and recording of the Final Plat, Subdivider shall file with the Town the approved preliminary plat. Final Development Plan Text 1. In the "Project Concept" section, add the following after the first sentence: "This Final Development Plan extends only to that property legally described on Exhibit A. Any development of Tracts 1 and 2, The Overlook at Firestone, Replat "A" shall require separate final development plan approval." 2 . Exhibit A shall describe outside of Tracts 1 and 2, Replat "A". only the 12.996-acre area The Overlook at Firestone, 3. In the "Land Use Table and Residential Densities" section, revise the acreage for Outlet A to 2.157 acres. In the same table insert "Private" before the Phrase "Open Space" with respect to Outlets Band c. 4. Add the following at the end of the "Land Use Table and Residential Densities" section: "Public open space dedication in excess of the required eight percent (8%) 2 1999. shall be credited only to the open space requirement for Tract 2, The overlook at Firestone, Replat "A", at the time of final development plan or further subdivision approval for such Tract, whichever first occurs." s. In the "Adjacent Land Use Table", correct the property ownership information for properties to the North and East. 6 . In the "Environmental Impact Mitigation" section, second paragraph shall be revised consistent with noted geologic investigation report. the the 7. In the "Architecture" section, replace the word "attached" with "detached" in the first sentence; remove the word "a" in the phrase within the parenthesis; and remove the phrase "Development Schedule (Cont.)" ~ ~ INTRODUCED, READ, and ADOPTED thisa,4 day of~==,=-==~--- · tterson ATTEST: ' ' . ~ T~son ·1 4 . ' Town Clerk 042399/1034[ojl]c:Fireston\Overlkl.res 3 RESOLUTION NO. 99---b ' A RESOLUTION APPROVING AN AMENDMENT TO THE FINAL DEVELOPMENT PLAN FOR ST. VRAIN RANCH SUBDIVISION, FILING I. WHEREAS, Ryland Homes and St . vrain Partners, LLC have submitted to the Board of Trustees of the Town of Firestone a request for approval of an Amendment to Final Development Plan for St. vrain Ranch Subdivision, Filing I; and WHEREAS, all materials related to the proposed Amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Amendment and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Amendment, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that Amendment to the Final Development Plan for St. Subdivision Filing I should be approved subject conditions. the proposed Vrain Ranch to certain NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the proposed Amendment to the Final Development Plan for St. vrain Ranch Subdivision, Filing I subject to the following conditions: 1. The amendment shall be properly incorporated into the currently approved FDP text so that it constitutes an "Amended FDP" that can be recorded. 2. The fence along the noted area shall not exceed five feet above the grade created by the retaining wall. 3. The · general drainage pattern on the lots shall be maintained. The front of the lot must drain to Sandy Ridge Court and the rear of the lot to St. vrain Ranch Boulevard (SVRB}. 1 4. The pedestrian walkway between Lots 16 and 17 shall be straight graded from Sandy Ridge Court to SVRB with no steps. s. The retaining wall shall not encroach on the 15-foot drainage easement between Lots 13 and 14. 6. The retaining wall is to be installed a minimum of one foot behind the sidewalks on SVRB and Shenandoah Street and behind the pedestrian walkway between Lots 16 and 17, and a decorative stone landscape treatment shall be added between the walk and the wall. INTRODUCED, READ, and ADOPTED this /J~ay of ~ 1999. ATTEST: ~) ~ Town Clerk 051299/l945[sjl)c:Fireoton\StVrainl.res ,.. ~ .. ! ,. . ~ .... , r 1 .... i "-··· ·• ...... -.. •·. ~ .... / ··::······~o~-:f' -. RESOLUTION NO. 99-_l/e__ A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE SHORES SPECIAL USE PERMIT FOR GRAVEL MINING, TO PERMIT ON-SITE SALES OF LANDSCAPE MATERIALS. WHEREAS, by Resolution No. 98-11, the Board of Trustees of the Town of Firestone approved a special use pennit for gravel mining activities on a portion of The Shores Annexation to the Town of Firestone; and WHEREAS, the portion of The Shores Annexation which is subject to the special review use approval is more particularly described and depicted in Exhibits A and B to Resolution No. 98-11, and is hereinafter referred to as the "Property"; and WHEREAS, there has been submitted to the Board of Trustees an application for amendment of the special use pennit to allow as an additional use of the Property on-site wholesale and retail sales of landscape materials; and WHEREAS, all materials related to the proposed amendment to the special use pennit have been reviewed by Town staff and the Firestone Planning and Zoning Commission and found to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, resolutions, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a duly-noticed public hearing on the proposed amendment to the special use pennit and has forwarded its recommendation to the Board of Trustees; and WHEREAS, the Board of Trustees has duly considered the Commission's recommendation and has held a duly-noticed public hearing on the proposed amendment to the special use pennit; and WHEREAS, the Board of Trustees finds that the proposed amendment to the special use pennit meets the special use pennit criteria set forth in Chapter 17.32 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees finds that the proposed amendment to the special use pennit should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 Section 1. The Board of Trustees does hereby approve the First Amendment to The Shores Special Use Permit for gravel mining, which First Amendment is attached hereto as Exhibit A. All terms and conditions of the special use permit, as approved by Resolution No. 98-11 shall remain in full force and effect. INTRODUCED, READ, and ADOPTED this ~ay of '71!~ 1999. terson ATTEST: /,•· ~ '·., C L, ........ .. . ,.,· Town OS2799/1605{ajl)c:Fireaton\Shoreo3.reo 2 THE SHORES SPECIAL USE PERMIT FOR GRAVEL MINING AMENDMENT -1 MAY 25, 1999 The Shores Special Use Permit for Gravel Mining is hereby amended as follows: Landscape Material Sales The following materials may be imported into the permit area and sold as part of a landscape supply sales yard within the area shown on the map (Attachment A) during the life of the Special Use Permit for the mining operation. 1. Decorative Stone 2. Finished Compost and Top Soil 3. Bark Mulches 4. Railroad Ties 5. Landscape Fabric and Edging 6. Boulders and Building Stones 7. Pavers to Build Patios and Walks 8. Live Nursery Stock 9. Pottery and Waterfall Materials 10. Sand Specifically, excluded materials would be the storage or sale of uncomposed raw manure or raw manure products. Hours Hours of operation for landscape sales shall be the same as for the gravel operation. Signage Within five weeks after the approval of this Amendment by the Town, and upon approval of the size, location and language by the Town, The Shores shall construct a traffic control sign that shall be placed along Road 9-3/4 facing south, just north of the Shores Special Use Permit access location. Such sign shall generally state that that no heavy truck traffic is permitted beyond this point. The Town of Firestone shall approve all advertising signs on a case by case basis. RESOLUTION NO. 99-__L_Z_ A RESOLUTION APPROVING AN AMENDED OUTLINE DEVELOPMENT PLAN FOR ST. VRAIN RANCH, A PORTION OF THE DOLLAGHAN PUD, AND A PRELIMINARY SUBDIVISION PLAT FOR THE ST. VRAIN RANCH SUBDIVISION. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone requests for approval of an Amended Outline Development Plan for St. vrain Ranch, a portion of the Dollaghan PUD, and a Preliminary Subdivision Plat for the St. vrain Ranch Subdivision; and WHEREAS, all materials related to the proposed Amended Outline Development Plan and Preliminary Subdivision Plat have been reviewed by Town Staff and the Firestone Planning and zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, resolutions, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Amended Outline Development Plan and Preliminary Subdivision Plat and has forwarded to the Board of Trustees recommendations of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Amended Outline Development Plan and Preliminary Subdivision Plat and has held a properly noticed public hearing on the applications; and WHEREAS, no protests were received by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the proposed Amended Outline Development Plan is consistent with the Town's plan for the area encompassed by the proposed amendment; and WHEREAS, the Board of Trustees finds that the proposed Amended Outline Development Plan and Preliminary Subdivision Plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the Amended Outline Development Plan for St. vrain Ranch, a portion of the Dollaghan PUD, and the Preliminary Subdivision Plat for the St. vrain Ranch Subdivision, subject to the following conditions: 1 Amended Outline Development Plan Text 1. In the Property Ownership Information Section, add additional owners as noted in the title commitment and provide consents from those owners to the rezoning, in a form acceptable to the Town Attorney. 2. Correct acerages in Land Use Table Section between R-A, R-B, and N-C. 3. In the Land use Table section, delete the line stating "Open Space 20.85" and insert two lines stating "Open Space Public 16.64" and "Open Space HOA 4.21". 4. Delete the Minimum Building Setback Secti-::m. Amended Outline Development Plan Map 5. Replace "Road 13" with "Firestone Trail." Preliminary Plat 6. Add a note stating that "Future routes for flowlines from oil and gas wells shall be located outside of public right-of-ways and lots, unless approved by the Town Engineer." 7 . provided Track J, Add a note stating that "A 6-foot sidewalk shall be from the Tract C park on the northeast to the trail in for school access." 8. Add a note stating that "A 6-foot sidewalk shall be located along the north side of Lot 22, along Shenandoah Street to Foxfire Street and then along the east side of Foxfire Street to the Tract c park." 9. Building Setback lines shall be shown along Roads 15 and 22. 10. on Sheet 1, the Land use Table shall reflect only the following areas as public open space: Tracts C, E, G, L, M, N and R, and outlets A, F, and J, totalling 16.64 acres or 8.3% of the total area. 11. On Sheet 1, delete the word "Amended" in the title and Town approval blocks and add "Preliminary" before the word "Plat." 12. On Sheet 2, replace "Lot 4" with "Outlet I" in Filing 1 Area. 13. On Sheet 3, replace "Tract H" with "Outlet H." 2 • INTRODUCED, READ, and ADOPTED this ,d/p!,day of ~. 1999. ATTEST: T.L. Peterson Town Clerk 052799/1734[sjl]c:Fireston\StVrain2.res 3 •-i RESOLUTION No.· 99-_i_X A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR COAL RIDGE GOLF COURSE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan for Coal Ridge Golf Course; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, resolutions, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trust·ees has duly considered the proposed Final Development Plan and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for Coal Ridge Golf Course should be approved subject to certain con~itions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the Final Development Plan for Coal Ridge Golf Course, subject to the following conditions: 1. Oil and gas well easements and access roads shall be added to the Final Development Plan map, in locations approved by Town Staff. 2. Bearings and distances shall be added to the final development plan boundary on the Site and Landscape Plan sheets. 3. Pursuant to Town Code Section 17. 22. 070. B. 5, the Town shall be provided with copies of any agreements, conveyances, restrictions or covenants which will govern the use, maintenance and continued protection of the FDP. 1 , INTRODUCED, READ, and ADOPTED this ci/~ay of---'~'-'-"'='------ 1999. ~ son .--::-~·-.... ATTEST: r. "\,... . ,1: ~L T..Peterson Town Clerk OS2799/1600[sjl)c:Fireston\Golf.reo 2 RESOLUTION NO. 99---- A RESOLUTION APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Town of Firestone has adopted a Comprehensive Plan under the authority of C.R.S. §31-23-201 et seq.; and WHEREAS, the Comprehensive Plan was adopted in October 1989 and has since been amended from time to time; and WHEREAS, a map amendment to the Comprehensive Plan has been proposed by Town planning staff, which proposed amendment is attached hereto; and WHEREAS, the Firestone Planning Commission has held a duly- noticed public hearing and approved the amendment by a vote of at least two-thirds of the Commission; and WHEREAS, the Board of Trustees has held a duly-noticed public hearing on the amendment; and WHEREAS, for the reasons of Trustees finds that the amendment criteria contained Plan. set forth at the hearing, the Board proposed amendment satisfies the in state law and the Comprehensive NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. incorporates the findings of fact. The Board foregoing of Trustees recitals into hereby confirms this Resolution and as Section 2. The Town of Firestone Comprehensive Plan map amendment which is attached hereto and incorporated herein by this reference is hereby approved. The amendment shall be signed, attested and filed as required by C.R.S. §31-23-208. INTRODUCED, READ, and ADOPTED 1999. Attest: ~Town Clerk 072500/1135{sjl)c:Fireston\Compplnl.res ·'/ ,,_.a ~ this do? day of(/,..;'7"1===1.....---- TOWN OF FIRESTONE, COLORADO ~ Rick Patterson, Mayor RESOLUTION NO .. 99-19 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITii TiiE TOWN OF FIRESTONE, COLORADO, KNOWN AS TiiE RAM LAND ANNEXATION TO TiiE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING TiiEREON. WHEREAS, a petition for annexation of certain property to be known as the Ram Land Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, TiiEREFORE, BE IT RESOLVED BY TiiE BOARD OF TRUSTEES OF TiiE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue_, Firestone, Colorado 80520, on Thursday, September 2, 1999, at 7:30 P.M. section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. 1 Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this ,,29-ztday of July, 1999. ATTEST: ••• •·~ (.J ~ //, •, I ' .... ~,.;:,., ,·,· \ '\ 'I \..) ....... --' ·•··.... , .... . ...... Town 072999/753[ejl]c:Pireston\R.Qml-nd.reo (substantial cOU1pli.mce) 2 I Jul 28,99 15:07 No.005 P.02 • EXIHBIT A : .•·I·, • · \11, ,1,1: ;, • ; .. , __ •.. Quarter of Sectiori• 2, .'artd· ,the Range 68 West o{ :the· 6th P.M .. , '• ' . . ' ; ' . '~ ' ' ' A portion o.f the West Half. ~r' 'the Southwes·t No.rtb Half.o_f .. Section 11, Towns.hip 11 North_, .Weld.County,, Colorado, described as follows: -· '-· '• ' .••• .-~~.: ··1 · •. ···.• ,.. · • , · ·-· •• • • , d, · ·' : · •.· : i •. : . , . ·cori~{q~'finif j;Ji.e:·south line of the West Half Of the Southwe·st Qua'rter ;bf 'sa·id Sect'-itlif 2 as ··•bearing North· 89°47 I 20" West: and with all' <,beaTings' cori:t!ained herein relatiye · thereto. · , ,_ .. ,,.,·.i•:'""•1~--~,'. ,-,.~/ ,· , • ·.: -· ,, , 1·,..._----.:.,~ .. , ... : ' .. _, ,·,, .:; Begiririing a:t 'the Southeast Corner of the West Half of the.,SoU:thwest ·Quarter · of said '·Section 2: thence· along the East· line of said 'West, Half· -of· the Southwes:t·Quarter North 01"23'12" East, a distance of 147.-,78•ifeet .. to the ~a,sJ~t!Y righJ-c;>f-way line cif the Interstate Highway No. '2\5 f',r<irt'.tage. i'oad; . ' t!;~vi;"~_,i:a;ll~J\i(~li!d right-of-way line North 46°45 I 03" West; ~-«H:$:t;~~?~ of;68 .. 58 . • ; fJ~-~~-0~~M!l,l!i',~!1'. North 00"11'2,0" East, a distance of;/4,0;:'P ;f~.e:t to'· t\te : · · bejfl.Q!Jl:i\'j)9'f, .~ . curve concave to the west having a rad iµs ;c;>f: 884,. 1•3: fe:et "and · 1 _ll..~C~IJ!tA,l_,;.a:,[!~!~.,,of 27"41 '16~ :~n~_being subtended by a chcirAwhii:ll;_l:ie'.ars'_North'' .. l3,~ 3~_~3,!l,!_\,.,\\le_f!.t-,423. 11 feet.; < ~!ience norther;~r . and norti,:l~ir;~,t~!H~: 1;1ion~ '.'!!a'~d::;"': · ... curve arid .. c:011!inuing along salct right-of-way line. a distapce of;· ~2;7i':1$ l.f'eet.; · to the •'Be:st'e'r1.y prolongatioil·'of the North line of Lot•·.r11.;,::,1H'o<i~1-1 :~'r,:1KAHN:,.: suepIVf.~~Ol'j; ··th~nce along said prolongation and North liqe ·Nor~h-,89~,47'.-22" , West;· a ·di1:1tance of 633.02 feet to the Easterly line of-Parcel· ·5 or·· the C«>lo.r~dQ ))~pat:tment of Transport·ation Project No. IR-IM(CX)025-'3(11Q) :· thenc;e · · ,; B'lC)rig'f:'s'iJ!tii}f'Bti:'sterly line and·-,the Easterly 'line of Parcef1:<rt;of!:s:a•1d' D!vi1,ioJ;1 :i, of T:ransport·ation Project the following three (3) courses:,S:nd• dist'at;ices·: . : · · .: ::;~t; .. ~:iTt¥1!~-i~ti~t1~!f-'.~tl f~•j i,i~f!·'· !, .. :. ,: , • · 1 ;; :: · \;.I, r:. ;. 1 . i : t.: .1 · · '.· lX-./' i;;oµ,th 25"53'42" East, a distance of 145.82 feet:· , . . . 2r·, ·5.oµth 09"50'27" East.' a distance of 234.29 feet_; ~) So~th 25°01'38" Ea~t. a distance of 219.16 feet• . . , . • •'.' :-, .f:_ '\ · ,: ~ •_, ;,•_<;_ .:_••:, • , , _ ,,: , ; __ . •. ,. I •: ' • ·, ., I ,; , •,., • _ •. : , ' .. a'itc't il'iti'\'ii;t~i:,\i''{'i:';'·99 • 48' 35" Ea's't;' a dis.tance ''of 205. 68. feetY!~o 1fli~'f'.\'Jii'~tl riffle 'o'Ni'I'• Lot ·2, ··•'fiTbcic':'2 of a REPLAT ·op LOT 1, BLOCK 2 OF· KAHN' SUi3DIVIS'l!ON; : thence . along· said We')!it 1 ine and the North lines of said Lot 2 the lfoll()wi11g. • f1ve ·( 5) <:our,ses; "and-· distances : . . ,. I RESOLUTION NO. 99-20 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE . PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~DUCED, READ, tM-Z: , 1999, AND ADOPTED this _}Lu day of TOWN OF FIRESTONE, COLORADO ATTEST: T.L. Peterson, Town Clerk . \ ' .• , , fl •I ! 11 ' •(l~,I' l. ,., ·1~ ,, !"'/ I IC t/. ,[i I I• I } ;,1,l I' I i I I ., , I ·II '! I I • ,, I .. . . I t, ~ I ' ) ' . ,11 ' • I ·ir'• • I• h !!J 1 ... ·r·~:n5i: -.. ;Jl,11 ... , ·)t ;; H . t11\.l .. ' • l'J,~flt, .. ) r.1 •r . . . J;-..,1·,11 t,.;J. t.,,1111)');.,.{ l;U•. •. l • I, ,JI!~ _,.,i :,icl, dfr:~-' -~= j',-,rl . ' (' ; I (()( j . ,'(11?. .T I \ ' . , 1 'c' r, I I , I 't J ' ' I " I I ,-I i J-~ ,t ·, / l. l ' •·1 , ,1 ii I , I( ,,: I a ' I ' 't . ' •. lt I -' ✓ ·, , ' , ' J L. -ri;' ' ' I ,. f • . ! ' ,. ., ~~, .. ~,,,11 . ' \ w·::11, " ,,, t "' ,. I J• I/ . . flt O •• :.J f 4 •; • J .. .ll .,l ,r·•·rn 1:,4 . J ··d· f t•11 i, ... ~,, 'JI''~ , i!. : }l (' ' -- RESOLUTION NO. A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town and the Central Weld County Water District are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, the District has increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of the District's increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with District increases and the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Water rates and charges. The following monthly rates and charges shal I be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 Over 20,000 Meter First Per 1,000 Per 1,000 Per 1,000 Size 5,000 Gallons Gal Ions Used Gallons Used Gallons Used 5/8" $19.12 $1.10 $1. 20 $1. 30 3/4" $29.92 $1. 10 $1.20 $1. 30 1 $55.42 $1. 10 $1. 20 $1. 30 1-1/2" $80.22 $1.10 $1. 20 $1. 30 2" $135.22 $1. 10 $1. 20 $1. 30 Section 2. Connection fees, capital investment and repair charges, The following connection fees, capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights-of-way, open space, or medians, or any facility developed, owned or paid for by the Town. , Capital Capital Meter Connection Investment Investment Size Charge and Re11air CWCWD Total 5/8" $ 5,800 $ 600 $ 2,000 $ 8,400 3/4" $ 7,700 $ 900 $ 3,000 $11,600 1" $12,500 $1,500 $ 5,000 $19,000 1-1/2" $23,000 $3,000 $10,000 $36,000 2" $36,400 $4,800 $16,000 $57,200 Connect ion fees, capita! investment and repair charges for taps requiring a meter larger than two inch shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town and all other factors relevant to the application. Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement'') by and between the Town, the Central Weld County Water District ("CWCWD"), the Town of Frederick and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior the January 1, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter TaQ Size 5/8" 3/4" 1 " 1-1/2" 2" INTRODUCED, READ, and ADOPTED ATTEST: T.L. Peterson Town Clerk Reduction Amount $ 2,000 $ 3,000 $ 5,000 $10,000 $16,000 this /d'~ay of f2~,d7) , 199f. TOWN OF FIRESTONE, COLORADO ' at terson ~--~-. . '\J, ··... . .... Aug-ll-99 02:53P TOWN OF FIRESTONf METER TOWN TAP FEES JANUARY 21,1999 PLATTED SUB SIZE TAP FEE ADDENDUM AFTER 1/1/94 TOTAL CREDIT S/8" $ 4,000.00 ' $ 2,000.00 $ 2,000.00 $ 8,000.00 $ 200.00 $ ; $ 5,000.00 : $ ' 3/4" 3,000.00 I $ 3,000.00 $ 11,000.00 $ 300.00 $ 1 " . $ 8,000.00 i $ 5,000.00 $ 5,000.00 $ I 8,000.00 $ 500.00 $ 1 1 /2" $14,000.00 $ 10,000.00 : $ 10,000.00 $ 34,000.00 $ 1,000.00 $ 2" $22,000.00 $ I 6,000.00 I $ 16,000.00 $ 54,000.00 ' $ 1,600.00 : $ P.02 TOTAL 7,800.00 10,700.00 17,500.00 33,000.00 52,400.00 RESOLUTION NO. 99-22 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~ODUCED, READ, ~ti/; , 1999. ATTEST: T.L Peterson, Town Clerk AND ADOPTED this ,4!! day of TOWN OF FIRESTONE, COLORADO ~/4;;?2:a::::::::::___- Rick Patterson, Mayor ~ RESOLUTION NO. 99-23 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~ODUCED, READ, :".rC( , 1999. AND ADOPTED this c,,,.J~ day of TOWN OF FIRESTONE, COLORADO Rick Patterson, Mayor ATTEST: "o Ai - SE.AL T.L. Peterson, Town Clerk ·• ... ~ ,;· .... ..•· ' , • J • '· . '. ' ' . . • ,, j .r ,. ( ' t. (_ I ' ,, r I ' I ' ' {,'1 f ' , ., ', , I I I ,. ,., .. ' 'Vt ·, .f 'i"'· ~ ~ .. 'I J' r. ,•. r ,. I '" ,. ' .; ' , ,. ' ' q, .. ,, .I - u t, ,, •,11-·r-~ . ' • J (j·; (; ,, w ,~ ~-'I • I • ' ,,.t -" t!.• ,, I ""' . ., •r .. ·' ; ,, . ' ·• I' I -, .. I , ' J ~ ,, I ai, , . " . ,, ,, " t, ' '· , ' " : • ,' I _,,f. r . ·r : .. ( J', '( ",. .. .. ' . ... ... • " -~''!'.'-"-'""- I • , , .. _ --\ •ior ·' , ,....) RESOLUTION NO. 99-..e!f._ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR FIVE ANNEXATiqN PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SHAW ANNEXATION, NUMBERS ONE THROUGH FIVE, TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARIN<3 ._THEREON. WHEREAS, five petitions for annexation of certain property to be known as the Shaw Annexation, to be annexed in a series, have been filed by Gregory N. Shaw with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wi·shes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE _IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, October 14, 1999, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with ref~rence to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this c,/6-a day of ~b.:z:; 1999. ATTEST: T.L. Peterson Town Clerk Rick Patterson Mayor 082599/1624[sjl)c:Fireetcm\Shawl.ree (substantial compliance) 2 ALBERS, DREXEL & POHL Y, INC. 120½ Main Street• P.O. Box 1438 • LtmJ.:numt • Colorado • 80502-/438 Telephone.-(303) 682-113/ • Fax.-(303) 682-1149 EXHIBIT "A" May4,1999 LEGAL DESCRIPTION -SHAW ANNEXATION NO. ONE A description of proposed SHAW ANNEXATION NO. ONE located in the SWl/4 of Section 5 and in the NW 1/4 of Section 8, T2N, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in the SWl/4 of Section 5 and in the NWl/4 of Section 8, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the Southwest Comer of said Section 5, from which the S 1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence N00°52'53"E, 30.00 feet along the Easterly Line of FIRESTONE DEVELOPMENT ANNEXATION MAP NO. I, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, to the North Right-of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 30.00 feet along the North Right-of-way Line of said Weld County Road No. 24; Thence S8 I 0 43' 13 "E, 209.36 feet to tl1e South Linc of the SW 1/4 of said Section 5 at a point from which the Southwest Comer of said Section 5 bears N89°57'28"W, 237.64 feet along tl1e South Line of the SWl/4 of said Section 5; Thence S81°50'21"W, 210.23 feet to a Northeasterly Comer of DOLLAHAN ANNEXATION NO. THREE, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, also being a point along the South Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 30.00 feet along the Northerly Line of said DOLLAHAN ANNEXATION NO. THREE to tl1e Easterly Line of said FIRESTONE DEVELOPMENT ANNEXATION MAP NO. I; Thence N00°53'00"E, 30.00 feet along the Easterly Line of said FIRESTONE DEVELOPMENT ANNEXATION MAP NO. I to the Southwest Comer of said Sectio,i 5 and the POINT OF BEGINNING. Area= 8,028 square feet (0.184 acres), more or less. LEGAL DESCRIPTION -SHAW ANNEXATION NO. TWO A description of proposed SHAW ANNEXATION NO. TWO located in the SW 1/4 of Section 5 and in the NW 1/4 of Section 8, T2N, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in the SWl/4 of Section 5 and in the NWl/4 of Section 8, T2N. R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCfNG at the Southwest Comer of said Section 5, from which the Sl/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 237.64 feet along the South Line of the SW 1/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. ONE, an annexation to the Town ofFirestone, County of Weld, State of Colorado, according to the recorded plat thereof. and the TRUE POINT OF BEGI]\'NfNG; ·n,encc SS I 0 50'2 I "W, 210.23 feet along the Soutl1casterly Linc of said SHAW ANNEXATION NO. ONE to the South Right-of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 219.53 feet along the South Right-of-way Line of said Weld County Road No. 24; A Full Service Land Surveying Company Boundary • Title • Geodetic • Topographic • Engineering Layout • Subdivision Platting • Environmental ALBERS, DREXEL & PoHLY, /Ne. Thence N87°58'1 l"E, 829.36 feet to the South Line of the SWl/4 of said Section 5 at a point from which the Trne Point of Beginning bears N89°57'28"W, 840.26 feet along the Soutl1 Linc of the SWl/4 of said Section 5; Thence N87°53'06"W, 829.40 feet to the North Right-of-way Line or said Weld County Road No. 24; Thence N89°57'28"W, 218.61 feet along the North Right-of-way Line or said Weld County Road No. 24 to the Northeasterly Line or said SHAW ANNEXATION NO. ONE; Thence S81°43'13"E, 209.36 feet along the Northeasterly Line of said SHAW ANNEXATION NO. ONE to the TRUE POINT OF BEGINNING. Area= 31,777 square feet (0.729 acres), more or less. LEGAL DESCRIPTION -SHAW ANNEXATION NO. THREE A description of proposed SHAW ANNEXATION NO. THREE located in the Sl/2 of Section 5 and in tl1e Nl/2 of Section 8, TIN, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in tl1e S 1/2 or Section 5 and in the N 1/2 or Section 8, TIN, R67W of the 6th P.M., County or Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer or said Section 5, from which the Sl/4 Comer or said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), tl1ence SS9°57'28"E, 1077.90 feet along the South Line of the SW 1/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. TWO, an annexation to the Town or Firestone, County of Weld, State or Colorado, according to the recorded plat thereof, and tl1e TRUE POINT OF BEGINNING; Thence N87°53"06"W, 829.40 feet along the Northeasterly Line of said SHAW ANNEXATION NO. TWO to the North Right-of- way Line of Weld County Road No. 24; Thence S89°57'28"E, 2022.09 feet along the North Right-of-way Line of said Weld County Road No. 24; TI1ence S88°5I'I0"E, 2074.43 feet to the Soutl1 Line of the SEl/4 or said Section 5 at a point from which the Sl/4 Comer of said Section 5 bears N89°36'42"W, 1656.19 feet along the South Line or the SEl/4 of said Section 5; TI1ence S89°29'24"W, 2074. 10 feet to the Soutl1 Right-of-way Line of said Weld County Road No. 24; ll1ence N89°57'28"W, 2022.09 feet along the South Right-of-way Line or said Weld County Road No. 24 to the Southeasterly Line or said SHAW ANNEXATION NO. TWO; TI1ence N87°58'1 l"E, 829.36 feet along the Southeasterly Line or said SHAW ANNEXATION NO. TWO to the TRUE POINT OF BEGINNING. Area= 158,677 square feet (3.643 acres), more or less. . 2 . ALBERS, DREXEL & PoHLY, /Ne. LEGAL DESCRIPTION -SHAW ANNEXATION NO. FOUR A description of proposed SHAW ANNEXATION NO. FOUR located in the SW 1/4 of Section 4, in tl1e S 1/2 of Section 5, in the N!/2 of Section 8, and in the NWl/4 of Section 9, all in T2N, R67Wofthe 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in the SWl/4 of Section 4, in the Sl/2 of Section 5, in the Nl/2 of Section 8, and in the NW!/4 of Section 9, all in TIN, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the Sl/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 2689.02 feet along the South Line of the SWl/4 of said Section 5 to the S 1/4 Comer of said Section 5; ll1ence S89°36'42"E, l6?6.19 feet along the South Line of the SE!/4 of said Section 5 to an angle point of SHAW ANNEXA T!ON NO. THREE, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING; Thence N88°5 ! 'I 0"W, 2074.43 feet along the Northeasterly Line of said SHAW ANNEXATION NO. THREE to the North Right-of- way Line of Weld County Road No. 24; Thence S89°57'28"E, 417.88 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89°36'42"E, 2689.24 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89°29'05"E, 659.80 feet along the North Right-of-way Line of said Weld County Road No. 24 to the Westerly Line of Lot B of RECORDED EXEMPTION NO. l311-04-3-REl737, a recorded exemption located in the SW!/4 of said Section 4, County of Weld, State of Colorado, according to the recorded plat thereof; Thence N00°05'!4"E, 1290.76 feet along the Westerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-REI 737 to the North Line of the SWl/4 of the SWl/4 of said Section 4; Thence continuing N00°05'14"E, 330.00 feet along tl1e Westerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3- REI 737 to an angle point thereof; Thence N89°24'08"W, 630.00 feet along a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE 1737 to the East Right-of-way Line of Weld County Road No. 17; Thence N00°05'14"E, 991.66 feet along the East Right-of-way Line of said Weld County Road No. 17 to the North Line of the SWl/4 of said Section 4: Thence S89°l 9'12"E, 2570.47 feet along the North Line of the SW!/4 of said Section 4 to the Cl/4 Comer of said Section 4; Thence S00°06'56"W, 1315.92 feet along the East Line of the SW!/4 of said Section 4 to a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 131 !-04-3-REl737; Thence N89°29'05"W. 330.00 feet along a Southerly Line of Lot B of said RECORDED EXEMPTION NO. I 3 I 1-04-3-REI 737 to an angle point thereof; Thence S00°06'56"W. 1320.00 feet along the Easterly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE 1737 to the South Linc of the SWl/4 of said Section 4; Thence S00°30'55"W, 30.00 feet at right angles with the South Line of the SWl/4 of said Section 4 to the South Right-of-way Line of said Weld County Road No. 24: -3 - ' . ALBERS, DREXEL & PoHLY, /Ne. Thence N89°29'05"\V, 2269.07 feet along tl1c South Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence N89°36'42"W, 2688.90 feet along the South Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence N89°57'28"\V, 417.75 feet along the South Right-of-way Line of said Weld County Road No. 24 to tl1e Southeasterly Line of said SHAW ANNEXATION NO. THREE; Thence N89°29'24"E, 2074.10 feet along the Southeasterly Line of said SHAW ANNEXATION NO. THREE to the TRllE POINT OF BEGINNING. . Area= 126.705 acres, more or less. LEGAL DESCRIPTION -SHAW ANNEXATION NO. FIVE A description of proposed SHAW ANNEXATION NO. FIVE located in the SWI/4 of Section 4 and in the SEI/4 of Section 5, T2N, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in the SWl/4 of Section 4 and in tl1e SEl/4 of Section 5, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Corner of said Section 5, from which the S 1/4 Corner of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing}, thence S89°57'28"E, 2689.02 feet along the South Line of the SWl/4 of said Section 5 to the Sl/4 Comer of said Section 5; TI1ence S89°36'42"E, 2689.02 feet along the South Line of the SEl/4 said Section 5 to the Southwest Corner of said Section 4; TI1ence S89°29'05"E, 30.00 feet along the South Line of the SWl/4 of said Section 4 to the East Right-of- way Line of Weld County Road No. 17; Thence N00°05' 14"E, 30.00 feet along the East Right-of-way Line of said Weld County Road No. 17 to the North Right-of-way Line of Weld County Road No. 24 and the TRUE POINT OF BEGINNING: Thence N00°05'14"E, 2613.32 feet along the East Right-of-way Line of said Weld County Road No. 17, to the North Line of the SWl/4 of said Section 4; Thence N89°19'12"W, 30.00 feet along the North Line of the SWl/4 of said Section 4 to the Wl/4 Corner of said Section 4; Thence N89°54'46"W, 30.00 feet along the North Line of the SEl/4 of said Section 5 to the West Right-of-way Line of said Weld County Road No. 17: Thence S00°05'14"\V, 26 I 3.25 feet along tl1e West Right-of-way Line of said Weld County Road No. 17, to the North Right-of-way Line of said Weld County Road No. 24; TI1ence S89°36'42"E. 30.19 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; TI1ence S89°29'05"E. 29.81 feet along the Nortl1 Right-of-way Line of said Weld County Road No. 24 to the TRUE POINT OF BEGINNING. Area= 156.801 square feet (3.600 acres}. more or less. -4 - RESOLUTION NO. 99-__:;__£ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE RAM LAND ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Ram Land Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. · 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00} for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 9.029 acres. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e}, C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general 2 property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107 (2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by-all owners. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed, excluding public streets and alleys, signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this~ day of/4:t;.,4w 1999. ATTEST: l•' ,. . . ,· . "\'ii \--• .:..:.J.J ·•....... , .......... l Town Clerk 090299/l702[ojl}c:Firestcm.\R.;unlandl.ree (eligibility res) 3 EXHIBIT A-LEGAL DESCRIPTION RAM LAND ANNEXATION A portion of the West Half of the Southwest Quarter of Section 2, and the North Half of Section 11, Township 11 North, Range 68 West of the 6th P.M., Weld County, Colorado, described as follows: Considering the South line of the West Half of the Southwest Quarter of said Section 2 as bearing North 89°47'20" West and with all bearings contained herein relative thereto. Beginning at the Southeast Corner of the West Half of the Southwest Quarter of said Section 2; thence along the East line of said West Half of the Southwest Quarter North 01°23'12" East, a distance of 147.78 feet to the Easterly right-of-way line of the Interstate Highway No. 25 frontage road; thence along said right-of-way line North 46°45'03" West, a distance of 88.58 feet and again North 00°11 '20" East, a distance of 40. 71 feet to the beginning of a curve concave to the west having a radius of 884.13 feet and a central angle of 27°41' 16" and being subtended by a chord which bears North 13°39' 36" West 423 .11 feet; thence northerly and northwesterly along said curve and continuing along said right-of- way line, a distance of 427.25 feet to the Easterly prolongation of the North line of Lot 1, Block 1 of KAHN SUBDIVISION; thence along said prolongation and North line North 89°47'22" West, a distance of 633.02 feet to the Easterly line of Parcel 5 of the Colorado Department of Transportation Project No. IR-IM(CX)025-3(110); thence along said Easterly line and the Easterly line of Parcel 7 of said Division of Transportation Project the following three (3) courses and distances: 1) South 25°53'42" East, a distance of 145.82 feet; 2) South 09°50'27" East, a distance of 234.29 feet; 3) South 25°01'38" East, a distance of 219.16 feet and again South 89°48'35" East, a distance of 205.68 feet to the West line of Lot 2, Block 2 of a REPLAT OF LOT 1, BLOCK 2 OF KAHN SUBDIVISION; thence along said West line and the North lines of said Lot 2 the following five (5) courses and distances: 1) North 00°12'40" East, a distance of 253.77 feet; 2) South 89°47'20" East, a distance of 194.91 feet; 3) the beginning of a curve concave to the West having a radius of 756.18 feet and a central angle of 01°52'01" the long chord of which bears South 06°51' 05" East, a distance of 24.64 feet; thence Southerly along the arc of said curve 24.64 feet; 4) South 01°22'34" West, a distance of 130.08 feet; 5) South 29°26'08" West, a distance of 113.68 feet; thence South 00°07' 58" East, a distance of 298. 01 feet; thence North 89°52'02" East, a distance of 185.90 feet to the Northerly line of the Crossroads Annexation to the Town of Firestone, Colorado; thence along said North line North 47°28'27" East, a distance of 160.94 feet and again North 83°33'30" East, a distance of 496. 77 feet to the South line of the Del Camino Central Annexation; thence along said South line and the West line of said annexation North 89°47'20" West, a distance of 547.74 feet and again North 01°23'12" East, a distance of 30.00 feet to the Point of Beginning. Containing 9.029 ACRES, more or less. RESOLUTION NO. 99-26 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. 40DUCED, READ, ~4., , 1999. /' ATTEST: T.L. Peterson, Town Clerk AND ADOPTED this 9-a day of TOWN OF FIRESTONE, COLORADO Rick Patter~n, Mayor , ~OW,ti . -~~ ,·.· ·, "\lf \_,,. .~ •· ... _ .,/ ··.. ..·· 2 -(' I ' . I I . ' -. j_ I ,, . ,, I I l . ' ' -, l ' ' ,: 1· • , ' ) ' '. ( I ,:,,, I~, . ' ' l . ( , I, [' I ~.,tt ! ,, ' I' . ,, ' It ;H.;r• ,I ( ,f ). '. , r' ru. ., _.' I, " v ,· , , ·r 1tf · d· ,(JL !1t_._ ·1t .. , (l • I', 11, 1.L ·tr, .. , ... •• • , . )(: / I ~1 " , J - ! ' • ,I If I' '' l' ·J' " ,I ' ' "j, ; {~ 11 J {'., 1/, .f ,'. ,, It 1 ► I : J • ' ,( J~ I 'I ·{1(1.., • 1' ..... , t~i( ·l. ' .' ,lllll' ~1~ _ l.,11, ;•:;,·'".JJ('!ff1' ., 1,' I • 1 } 1 1 I '\.I , ·• I 1 Ji' H'/ !!JG " j r·li ,. ( JA., t, ' ·" J ·1 ' !1 I ft )•. II L ,, ( ,, L·;rL, 1 rt 1J1t°•{ J~it !J1.: ·1 . ' .. ,I. I ' • , 'I rr~ -r'' ;•J 1.:.,. II ., LJ!J,:; . ._' ... I •,Ir, 1~-> j t1 .• '.,,,' 1 I,) l .1'1~,. {, f lt,,;-i ' ?r:~r .--f!'(fJ, I • r •1 ! (' -rr, J l. t }( :/ ,. ( ,/. 'I ' ' . ., •( I . : • , • J • ,, j I · 1, . ·v, ' "' ' 0 I .:,,J't. 1 ,L fl ' ,,"l .-,,· :•--~-- • 1 , ! , rl1 ·rt , . ~J i . . RESOLUTION NO. f9-cl 1 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DEL CAMINO JUNCTION ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Del Camino Junction Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of •Trustees wishes to permit simultaneous consideration of the subject property·for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, October 14, 1999, at 7:30 P.M. 1 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 9 th day of September, 1999. ATTEST: T~son Town Clerk 91099/ 11: 19 (klllk J F: \Firest.one\Annox\DelCaminoJet. res. wpd "'\ 1._· .:'··· , . "• ~ ' . . r··. y· \-_ ··-· ,' ....... -">'"-" •• •· 2 son EXHIBIT A -LEGAL DESCRIPTION DEL CAMINO JUNCTION ANNEXATION Lot A Amended Recorded Exemption No. 1313-2-3-RE730 recorded in Book 1152, Reception No. 2095052; Together with: Lot 1 Ft. Junction PUD First Filing recorded at Book 1445, Reception No. 02391966; Excepting I-25 right of way as shown on Project No. IR-IM(CX) 025-3 (110). Located in the southwest one quarter of Section 2, Township 2 North, Range 68 West, County of Weld, State of Colorado. Containing 43.744 acres, more or less. TOGETHER WITH: That portion of I-25 right of way as shown on IM(CX) 025-3(110) located in the southwest Section 2, Township 2 North; Range 68 West, State of Colorado described as follows: Project No. IR- one quarter of County of Weld, BEGINNING at that corner annotated as STA. 119+070 RT. of said I-25 right of way from which the southeast corner of the west one half of the southwest one quarter of said Section 2 bears S 34°54'06'' Ea distance of 1445.57 feet; Thence S4 6° 1 7' 44 • • E, along said right of way, a distance of 559.73 feet; Thence along a curve to the right, along said right of way, a distance of 179.01 feet, said curve having a radius of 756.18 feet, a delta angle of 13°33'50' ', and a chord which bears S 39°30'49 11 Ea distance of 178.60 feet; Thence S 89° 4 7' 12 • • E, a distance of 148. 09 feet to a point of non-tangent curvature; Thence along a curve to the left, along said right of way, a distance of 289. 95 feet, said curve having a radius of 884 .13 feet, a delta angle of 18°47'25", and a chord which bears N 36°54'01'' W a distance of 288.66 feet; Thence N 46°17'44" W, along said right of way, a distance of 299.56 feet; Thence N 40°35'06' • W, along said right of way, a distance of 65.94 feet; Thence N 4 6° 17 1 44 • • W, along said right of way, a distance of 239.81 feet; Thence along a curve to the right, along said right of way, a distance of 641. 76 feet, said curve having a radius of 882. 75 feet, a delta angle of 41 °39' 15", and a chord which bears N 25°28'06'' W a distance of 627.72 feet; Thence N 04 ° 38' 30' ' W, along said right of way, a distance of 697.97 feet; Thence N 40°18'15" E, along said right of way, a distance of 85.22 feet; Thence N 00°23'29'' E, along said right of way, a distance of 30. 00 feet to the north line of the southwest one quarter of said Section 2; Thence N 89°36'31'' W, along said north line, a distance of 135.53 feet; Thence S 04°38'30'' Ea distance of 800.06 feet; Thence along a curve to the left a distance of 694.23 feet, said curve having a radius of 954.93 feet, a delta angle of 41°39'15'', and a chord which bears S 25°28'06'' Ea distance of 679.05 feet to a point of non-tangency; Thence S 07°43'25'' W a distance of 77.03 feet to the POINT OF BEGINNING. Containing 4.991 acres, more or less. TOGETHER WITH: That portion of the west one half of the southwest one quarter of Section 2, Township 2 North, Range 68 West, County of Weld, State of Colorado described as follows: Commencing at the southeast corner of the west one half of the southwest one quarter of said Section 2; Thence N 07°08'57'' W a distance of 172.88 feet to a point on I-25 right of way as shown on Project No. IR-IM(CX) 025-3(110) and the POINT OF BEGINNING; Thence N 01°22'47' ' E, along the east line of Lot A Amended Recorded Exemption No. 1313-2-3-RE730 and Lot 1 FT. Junction PUD First Filing, a distance of 2012.43 feet to a point on the east line of the west one half of the southwest one quarter of said Section 2; Thence S 00°42'25'' W, along said east line, a distance of 2033.97 feet to said I-25 right of way; Thence N 46°45'03'' W, along said I-25 right of way, a distance of 32.07 feet to the POINT OF BEGINNING. Containing 0.552 acres, more or less. I ;I RESOLUTION NO. 99-.d!.i_ A RESOLUTION APPROVING A SUBDIVISION REPLAT FOR A PORTION OF ST. VRAIN RANCH SUBDIVISION, FILING I, AND A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR ST. VRAIN RANCH SUBDIVISION, FILING II. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Subdivision Replat for a portion of St. vrain Ranch Subdivision, Filing 1, and a Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision Filing II; and WHEREAS, all materials related to the proposed Subdivision Replat, Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Subdivision Replat, Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Subdivision Replat, Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Subdivision Replat, Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision Filing II should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the St. vrain Ranch Subdivision, Filing I, Replat "A", and the Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision, Filing II subject to the following conditions: 1. In the Certificate of Ownership attest line, Christopher S. Wysock should be identified as "Manager, St. Vrain Partners, LLC." 1 2. Revise Note 6 to state that "Outlets Al, A2 and A3 shall be owned and maintained by Owner and/or a successor homeowners association." Final Plat, Filing II 3. The designation of Tract A shall be revised to include utility, drainage and pedestrian easements in locations acceptable to the Town Engineer. 4. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 5. Prior to Town execution and recording of the Final Plat, Subdivider shall transfer to the Town, free and clear of all liens and encumbrances, the required number of shares of CBT water for the Subdivision. 6. At the time of recording of the Final Plat, Subdivider shall convey to the Town by special warranty deed Outlets B, D and E, free and clear of all liens and encumbrances. 7. An updated title commitment shall be submitted to the Town Attorney prior to recording of the Final Plat and a title policy shall be provided for Outlets B, D and E. 8. The temporary access easement along the eastern boundary shall be conveyed by separate instrument in a form acceptable to the Town Attorney. 9. Remove reference to "City Park" in Tract B area. Final Development Plan Text 10. Replace references to "Central Park" with "Tract B". 11. In the Land use Table and Residential Densities section, delete the sentence regarding the residentially zoned outlets. 12. Correct the Adjacent Properties section to state that St. vrain Ranch Subdivision Filing I is located to the west. 13. In the Development Schedule section, revise the first sentence of the third paragraph to state that the walkway and associated landscaping "will be completed as part of the first phase of public improvements and prior to the request for the 21st building permit for Filing II, and no building permits for any additional lots in Filing II will be issued until such improvements are completed." 2 •• ,· 14. Delete the last sentence of the fourth paragraph of the Development Schedule section. 15. Revise the Landscaping landscaping concepts "for on the FDP map sheets." section to state that the the FDP are as generally shown 16. The section titled "Variance Request" shall be deleted. 17. The signature block for the developer should be revised consistent with its signature block on the Final Plat. 18. Attachments shall be clearly marked, approved by Staff and attached to the FDP prior to recording. Final Development Plan Maps 19. Landscaping details shall be added to the FDP map and/or text for Tract A and the southern extension of Tract D along Lot 1, Block 5. jl INTRODUCED, READ, and ADOPTED this ~ay of ,~£ -{,=,i 1999. Rick Patterson ATTEST: Town 092399/l723{ejl]c:Fireston\stvrain3.res 3 RESOLUTION NO. f'f--£? A RESOLUTION ESTABLISHING THE NEIGHBORHOOD WATCH ACCOUNT AS A FUND ACCOUNT OF THE TOWN OF FIRESTONE WHEREAS, the Town Board has previously established deposit and checking accounts for the various funds of the Town with Valley Bank of Frederick; and WHEREAS, the Town Board desires to establish a Neighborhood Watch account with such bank, for funds of the Neighborhood Watch program sponsored by the Firestone Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1. There is hereby established a Neighborhood Watch account in the Town ("Account") , which Account shall be a special, segregated and interest-bearing deposit and checking account of the Town. All interest or other moneys earned on amounts deposited in the Account shall be credited to the Account. Funds in such account shall not be commingled with any other funds of the Town. 2. Any and all disbursements from the Account shall be used solely for the purposes of the Neighborhood Watch program sponsored by the Firestone Police Department. The signatures of two persons shall be required for checks written on the account, and the following persons shall be authorized signatories for such account: Larry Swyers, Dianne Christie and Tyler Cox. 3. Pursuant to C.R.S. Section 31-20-303, valley Bank of Frederick is hereby approved and designated as the bank at which the Account shall be established and as the depository for funds of the Account. 4. The Mayor and Town Clerk are authorized to execute and deliver such documents, and do all other things on behalf of the Town, as are necessary to establish the Account. 1 day of TOWN OF FIRESTONE, COLORADO ~~===-~ RickPfuerson Mayor : Attest: T.L. Peterson Town Clerk ::, 092399/1154(ojl)c:Fireston\Bank.res 2 RESOLUTION NO. 99-~ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR FIVE ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SHAW ANNEXATION, NUMBERS ONE THROUGH FIVE, TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, five petitions for annexation of certain property to be known as the Shaw Annexation, to be annexed in a series, have been filed by Gregory N. Shaw with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning,.if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, November 11, 1999, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. Section 8. INTRODUCED, 1999. ATTEST: ~ Town Clerk Resolution 99-24 is her~ repeazled READ, and ADOPTED this d'.:3 day of .~ ,, , Rick Patterson 92399/18: 27 [kmk] F:\Firostono\AnneK\Shawl. res(2l .wpd 2 EXHIBIT "A" LEGAL DESCRIPTION: SHAW ANNEXATION NO. ONE A tract of land located in the SW1/4 of Section 5 and in the NW1/4 of Section 8, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINNING at the Southwest Comer of said Section 5, from which the S1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence N00°52'53"E, 30.00 feet along the Easterly Line of FIRESTONE DEVELOPMENT ANNEXATION MAP NO. 1, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, to the North Right- of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 30.00 feet along the North Right-of-way Line of said Weld County Road No. 24; Thence S81°43'13"E, 209.36 feet to the South Line of the SW1/4 of said Section 5 at a point from which the Southwest Comer of said Section 5 bears N89°57'28"W, 237.64 feet along the South Line of the SW1/4 of said Section 5; Thence S81°50'21"W, 210.23 feet to a Northeasterly Comer of DOLLAHAN ANNEXATION NO. THREE, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, also being a point along the South Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 30.00 feet along the Northerly Line of said DOLLAHAN ANNEXATION NO. THREE to the Easterly Line of said FIRESTONE DEVELOPMENT ANNEXATION MAP NO. 1; Thence N00°53'00"E, 30.00 feet along the Easterly Line of said FIRESTONE DEVELOPMENT ANNEXATION MAP NO. 1 to the Southwest Comer of said Section 5 and the POINT OF BEGINNING. Area = 8,028 square feet (0.184 acres), more or less; LEGAL DESCRIPTION: SHAW ANNEXATION NO. TWO A tract of land located in the SW1/4 of Section 5 and in the NW1/4 of Section 8, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the S1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 237.64 feet along the South Line of the SW1/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. ONE, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING; Thence S81°50'21"W, 210.23 feet along the Southeasterly Line of said SHAW ANNEXATION NO. ONE to the South Right-of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 219.53 feet along the South Right-of-way Line of said Weld County Road No. 24; Thence N87°58'11"E, 829.36 feet to the South Line of the SW1/4 of said Section 5 at a point from which the True Point of Beginning bears N89°57'28"W, 840.26 feet along the South Line of the SW1/4 of said Section 5; Thence N87°53'06"W, 829.40 feet to the North Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 218.61 feet along the North Right-of-way Line of said Weld County Road No. 24 to the Northeasterly Line of said SHAW ANNEXATION NO. ONE; Thence S81°43'13"E, 209.36 feet along the Northeasterly Line of said SHAW ANNEXATION NO. ONE to the TRUE POINT OF BEGINNING. Area= 31,777 square feet (0.729 acres), more or less; LEGAL DESCRIPTION: SHAW ANNEXATION NO. THREE A tract of land located in the S1/2 of Section 5 and in the N1/2 of Section 8, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the S1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 1077.90 feet along the South Line of the SW1/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. TWO, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING; Thence N87°53'06"W, 829.40 feet along the Northeasterly Line of said SHAW ANNEXATION NO. TWO to the North Right-of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 2022.09 feet along the North Right-of-way Line of said Weld County Road No. 24; Thence S88°51'10"E, 2074.43 feet to the South Line of the SE1/4 of said Section 5 at a point from which the S1/4 Comer of said Section 5 bears N89°36'42"W, 1656.19 feet along the South Line of the SE1/4 of said Section 5; Thence S89°29'24"W, 2074.10 feet to the South Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 2022.09 feet along the South Right-of-way Line of said Weld County Road No. 24 to the Southeasterly Line of said SHAW ANNEXATION NO. TWO; Thence N87°58'11"E, 829.36 feet along the Southeasterly Line of said SHAW ANNEXATION NO. TWO to the TRUE POINT OF BEGINNING. Area = 158,677 square feet (3.643 acres), more or less LEGAL DESCRIPTION: SHAW ANNEXATION NO. 4 A tract of land located in the SW1/4 of Section 4, in the S1/2 of Section 5, in the N1/2 of Section 8, and in the NW1/4 of Section 9, all in T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the S1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 2689.02 feet along the South Line of the SW1/4 of said Section 5 to the S1/4 Comer of said Section 5; Thence S89°36'42"E, 1656.19 feet along the South Line of the SE1/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. THREE, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING; Thence N88"51'10"W, 2074.43 feet along the Northeasterly Line of said SHAW ANNEXATION NO. THREE to the North Right-of-way Line of Weld County Road No. 24; Thence S89"57'28"E, 417.88 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89"36'42"E, 2689.24 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89"29'05"E, 659.80 feet along the North Right-of-way Line of said Weld County Road No. 24 to the Westerly Line of Lot B of RECORDED EXEMPTION NO. 1311-04-3-RE1737, a recorded exemption located in the SW1/4 of said Section 4, County of Weld, State of Colorado, according to the recorded plat thereof; Thence N00"05'14"E, 1290.76 feet along the Westerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737 to the North Line of the SW1/4 of the SW1/4 of said Section 4; Thence continuing N00"05'14"E, 330.00 feet along the Westerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737 to an angle point thereof; Thence N89"24'08"W, 630.00 feet along a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737 to the East Right-of-way Line of Weld County Road No. 17; Thence N00°05'14"E, 991.66 feet along the East Right-of-way Line of said Weld County Road No. 17 to the North Line of the SW1/4 of said Section 4; Thence S89°19'12"E, 2570.47 feet along the North Line of the SW1/4 of said Section 4 to the C1/4 Comer of said Section 4; Thence S00°06'56"W, 1315.92 feet along the East Line of the SW1/4 of said Section 4 to a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737; Thence N89"29'05"W, 330.00 feet along a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737 to an angle point thereof; Thence S00"06'56"W, 1320.00 feet along the Easterly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737 to the South Line of the SW1/4 of said Section 4; Thence S00°30'55"W, 30.00 feet at right angles with the South Line of the SW1/4 of said Section 4 to the South Right-of-way Line of said Weld County Road No. 24; Thence N89"29'05"W, 2269.07 feet along the South Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence N89"36'42"W, 2688.90 feet along the South Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence N89°57'28"W, 417.75 feet along the South Right-of-way Line of said Weld County Road No. 24 to the Southeasterly Line of said SHAW ANNEXATION NO. THREE; Thence N89°29'24"E, 207 4.10 feet along the Southeasterly Line of said SHAW ANNEXATION NO. THREE to the TRUE POINT OF BEGINNING. Area= 126.705 acres, more or less. LEGAL DESCRIPTION: SHAW ANNEXATION NO. 5 A tract of land located in the SW1/4 of Section 4 and in the SE1/4 of Section 5, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the S1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 2689.02 feet along the South Line of the SW1/4 of said Section 5 to the S1/4 Comer of said Section 5; Thence S89°36'42"E, 2689.02 feet along the South Line of the SE1/4 said Section 5 to the Southwest Comer of said Section 4; Thence S89°29'05"E, 30.00 feet along the South Line of the SW1/4 of said Section 4 to the East Right- of-way Line of Weld County Road No. 17; Thence N00°05'14"E, 30.00 feet along the East Right-of-way Line of said Weld County Road No. 17 to the North Right-of-way Line of Weld County Road No. 24 and the TRUE POINT OF BEGINNING; Thence N00°05'14"E, 2613.32 feet along the East Right-of-way Line of said Weld County Road No. 17, to the North Line of the SW1/4 of said Section 4; Thence N89°19'12"W, 30.00 feet along the North Line of the SW1/4 of said Section 4 to the W1/4 Corner of said Section 4; Thence N89°54'46"W, 30.00 feet along the North Line of the SE1/4 of said Section 5 to the West Right- of-way Line of said Weld County Road No. 17; Thence S00°05'14"W, 2613.25 feet along the West Right-of-way Line of said Weld County Road No. 17, to the North Right-of-way Line of said Weld County Road No. 24; Thence S89°36'42"E, 30.19 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof Thence S89°29'05"E, 29.81 feet along the North Right-of-way Line of said Weld County Road No. 24 to the TRUE POINT OF BEGINNING. Area= 156,801 square feet (3.600 acres), more or less. 9/23,119996:23PM{sil]F:IFirestone\ShawAnnex.legs RESOLUTION NO. 99-..:JI A RESOLUTION IDENTIFYING AND RECOGNIZING AN ANNEXATION PLAN AS REQUIRED UNDER THE MUNICIPAL ANNEXATION ACT OF 1965, AS AMENDED. WHEREAS, the Town currently has pending before it, and from time to time receives, petitions requesting the annexation to the Town of certain unincorporated properties located in Weld County, Colorado; and WHEREAS, C.R.S. section 31-12-105 (1) (e) provides that prior to the completion of any annexation within a three-mile area, the municipality shall have in place a plan for that area, which generally describes the proposed location, character, and extent of street, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities and terminals for water, light, sanitation, transportation and power to be provided by the municipality and the proposed land use for the area; and WHEREAS, the Town currently has in place a Comprehensive Plan and other long-range planning documents which constitute the Town's annexation plan; and WHEREAS, by this Resolution the Town Board desires to identify such documents and recognize that such documents function as the Town's annexation plan, as required by C.R.S. 31-12-105(1) (e), and that such plan is in place with regard to pending and proposed future annexations to the Town. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town of Firestone's Annexation Plan, as required under C.R.S. section 31-12-105(1) (e), consists of the following documents, each of which is incorporated herein by this reference as is set forth in full: A. Town of Firestone Comprehensive Plan and Plan Maps, dated October 1989, consisting of all the following elements: 1. Planning Area 2. Socioeconomic Characteristics/Economic Development 3. Public Services, Facilities and Utilities Planning 4. Environmental Resources and Hazards 5. Land Use Planning 6. Transportation and Circulation Planing 7. Parks, Recreation and Open Space Plan 8. Fiscal Impact Analysis B. All amendments and revisions to the Town of Firestone Comprehensive Flan and Plan Maps. 1995. c. D. E. Zone District Map of the Town of Firestone. Firestone Trail Master Plan. Town of Firestone Growth Management Policy, dated August F. Town of Firestone Potable Water and Sanitary Sewer Study, dated July 1995. G. Agreement between Town of Firestone and Central Weld County Water District Concerning Potable Water Service, dated May 28, 1974, as amended. H. Firestone Firestone I. 15, 1997, Frederick Intergovernmental Agreements between the and the Town of Frederick and between the and the Carbon Valley Recreation District. Town Town of of The Interim Coordinated Planning Agreement, dated April among Weld County, the Town of Firestone, the Town of and the City of Dacono. J. Intergovernmental Agreement Concerning Fair Contributions for Public School Sites between Town of Firestone and St. Vrain Valley School District RE-lJ, dated effective January 21, 1997. K. Town of Firestone Access Code, dated March 27, 1997. Section 2. The Town, acting through its staff, consultants, and attorneys shall update the Town's annexation plan as necessary and at least once annually. INTRODUCED, READ and ADOPTED this,Fday of~~~~~~---- 1999. By on, Mayor ATTEST: T.L. 101399/1504(bas]f:F1restone\Annexation\annexpln.res RESOLUTION NO. 99-~ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR ST. VRAIN RANCH SUBDIVISION, FILING IV. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision, Filing IV; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for St. vrain Ranch Subdivision Filing IV should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for St. vrain Ranch Subdivision, Filing IV subject to the following conditions: Final Plat, Filing IV 1. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 2. Prior to Town execution and recording of the Final Plat, Subdivider shall transfer to the Town, free and clear of all liens and encumbrances, the required number of shares of CBT water for the Subdivision. 3. In the dedication paragraph, delete the parenthetical 1 references to each Tract's intended purpose and insert "and emergency service providers n at the beginning of the last parenthetical. 4. Tract A shall be owned and maintained by the Subdivider and/or its successor homeowners association. 5. At the time of recording of the Final Plat, Subdivider shall convey to the Town by special warranty deed Tracts B, C and D, free and clear of all liens and encumbrances. 6. An updated title commitment shall be submitted to the Town Attorney prior to recording of the Final Plat and a title policy shall be provided for Tracts B, c and D. The title commitment shall be an update of the commitment referenced in Note 3. 7. Applicant shall confirm whether the reference to Filing II in Note 2 should be to Filing I. 8. A line of sight easement shall be provided across Lot 2 Block 2 to maintain a 300-foot sight line. 9. Lots 8, 9, 10, 11, Block 1 shall be adjusted to provide for greater frontages. 10. On the plat, FDP and other maps, Dresden Court and Dusk Court shall be renamed as Streets. 11. An additional street light shall be added at the halfway point on both Dresden and Dusk Streets. 12. The 60-foot storm drainage easement dedicated to the Town with Filing I shall be shown as vacated on this plat. 13. The 100-foot drainage easement shall be denoted as a storm drainage and utility easement. Final Development Plan Text 14. In the Community Involvement section, delete the last paragraph and revise the first paragraph to state as follows: "The Filing IV dedication of public right-of- way for St. vrain Ranch Boulevard will facilitate the construction and operation of the new school within the Dollaghan P.U.D." 15. In the Open Space section, deleted the second paragraph. 16. In the Development Schedule section, add a paragraph reading as follows: "The landscaping within Tracts B, C and D will be completed as part of the first phase of 2 • . -' public improvements and prior to the request for the 21st building permit for Filing IV, and no building permits for any additional lots in Filing IV will be issued until such improvements are completed." 17. Revise the Land Use Table consistent with condition 4, above, and to reflect that Tracts B, C and D will be owned by the Town. 18. The section title "Variance Request" shall be deleted. 19. The signature block for the developer should be revised consistent with its signature block on the Final Plat. 20. Attachments shall be clearly marked, approved by Staff and attached to the FDP prior to recording. Final Development Plan Maps 1999. 21. The landscape plan shall be revised to show landscape treatments, consistent with Town criteria, for the Tracts, the medians in St. vrain Ranch Boulevard, and the landscape strips between the sidewalks and curbs. 22. Sprinkler system detail shall be added to landscape plan. 23. Correct vicinity map to show proper area for Filing IV. 24. Replace "City" with "Town" in title blocks. 25. The information for each lot and associated graphics shall be adjusted to be similar in quality to Filing II. 26. Correct Block 1 lot labels in address table. INTRODUCED, READ, and ADOPTED this~ day of ,,&U,, ,. ATTEST: Rick Patterson ' .--~·\ .... :·:·• T~-¥6=----(, Town Clerk 101399/1216[ejl]c:Fireoton\StVrain4.ree 3 RESOLUTION NO. 99-~ A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE DEL CAMINO JUNCTION BUSINESS PARK ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Del Camino Junction Business Park Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. 1 f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has ·been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to·be annexed for the annexation of such territory to another ·municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 49.287 acres. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e), C.R.$. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 3 . Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinances becoming effective, all lands within the areas proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general 2 property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107 (2) or -l:12, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the area proposed to be annexed, excluding public streets and alleys, signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject properties to the Town of Firestone. INTRODUCED, READ, and ADOPTED this /4~ay of~ 1999. ATTEST: Town Clerk l01199/lll7((ajl]c:Fireoton\Junctn.reo (eligibility res) 3 EXHIBIT A -LEGAL DESCRIPTION DEL CAMINO JUNCTION ANNEXATION Lot A Amended Recorded Exemption No. 1313-2-3-RE730 recorded in Book 1152, Reception No. 2095052; Together with: Lot 1 Ft. Junction PUD First Filing recorded at Book 1445, Reception No. 02391966; Excepting I-25 right of way as shown on Project No. IR-IM(CX) 025-3 (110). Located in the southwest one quarter of Section 2, Township 2 North, Range 68 West, County of Weld, State of Colorado. Containing 43.744 acres, more or less. TOGETHER WITH: That portion of I-25 right· of way as shown on IM(CX) 025-3(110) located in the southwest Section 2, Township 2 North, Range 68 West, State of Colorado described as follows: Project No. IR- one quarter of County of Weld, BEGINNING at that corner annotated as STA. 119+070 RT. of said I-25 right of way from which the southeast corner of the west one half of the southwest one quarter of said Section 2 bears S 34°54'06'' Ea distance of 1445.57 feet; Thence S4 6° 17' 44' ' E, along said right of way, a distance of 559.73 feet; Thence along a curve to the right, along said right of way, a distance of 179.01 feet, said curve having a radius of 756.18 feet, a delta angle of 13°33'50", and a chord which bears S 39°30'49'' Ea distance of 178.60 feet; Thence s 89°47'12'' E, a distance of 148.09 feet to a point of non-tangent curvature; Thence along a curve to the left, along said right of way, a distance of 289. 95 feet, said curve having a radius of 884 .13 feet, a delta angle of 18°47'25", and a chord which bears N 36°54'01'' W a distance of 288.66 feet; Thence N 4 6° 1 7' 44' ' W, along said right of way, a distance of 299.56 feet; Thence N 40°35'06'' W, along said right of way, a distance of 65. 94 feet; Thence N 46°17'44" W, along said right of way, a distance of 239.81 feet; Thence along a curve to the right, along said right of way, a distance of 641. 76 feet, said curve having a radius of 882. 75 feet, a delta angle of 41 ° 39' 15", and a chord which bears N 25°28'06'' w a distance of 627.72 feet; Thence N 04°38'30" W, along said right of way, a distance of 697.97 feet; Thence N 40°18'15" E, along said right of way, a distance of 85.22 feet; Thence N 00° 23' 29' ' E, along said right of way, a distance of 30. 00 feet to the north line of the southwest one quarter of said Section 2; Thence N 89°36' 31" W, along said north line, a distance of 135.53 feet; Thence S 04°38'30'' Ea distance of 800.06 feet; Thence along a curve to the left a distance of 694.23 feet, said curve having a radius of 954.93 feet, a delta angle of 41°39'15'', and a chord which bears S 25°28'06'' Ea distance of 679.05 feet to a point of non-tangency; Thence S 07°43'25'' W a distance of 77.03 feet to the POINT OF BEGINNING. Containing 4.991 acres, more or less. TOGETHER WITH: That portion of the west one half of the southwest one quarter of Section 2, Township 2 North, Range 68 West, County of Weld, State of Colorado described as follows: Commencing at the southeast corner of the west one half of the southwest one quarter of said Section 2; Thence N 07°08'57'' w a distance of 172.88 feet to a point on I-25 right of way as shown on Project No. IR-IM(CX} 025-3(110) and the POINT OF BEGINNING; Thence N 01°22'47' ' E, along the east line of Lot A Amended Recorded Exemption No. 1313-2-3-RE730 and Lot 1 FT. Junction PUD First Filing, a distance of 2012.43 feet to a point on the east line of the west one half of the southwest one quarter of said Section 2; Thence S 00°42'25'' W, along said east line, a distance of 2033.97 feet to said I-25 right of way; Thence N 46°45'03'' W, along said I-25 right of way, a distance of 32.07 feet to the POINT OF BEGINNING. Containing 0.552 acres, more or less. EXCEPTING any portion of the above described property lying within the right-of-way for Weld County Road 24-1/2. 0 0 J; RESOLUTION NO. 99-34 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR EAGLE CREST P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Eagle Crest P.U.D.; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for Eagle Crest P.U.D. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Final Subdivision P.U.D. subject to FINAL PLAT The Board of Trustees does hereby Plat and Final Development Plan for the following conditions: approve the Eagle Crest 1. Note 6 on the cover sheet and the parenthetical detail in the dedication statement shall to be removed. 2. A more current title commitment shall be provided as an update to the one referenced in Note 3. 3. Note 7 shall be changed to Note 6, the effected references on Sheets 2, 3, and 4 shall be modified accordingly, and the text of this note shall read as follows: No building permits shall be issued for development outside of the 33. 225-acre Phase 1 area, as shown 1 on Sheet 3 of the Final Plat, until FEMA approves a LOMR and the Town of Firestone approves final construction plans and technical reports and studies for development of areas outside of Phase 1. A final development plan amendment shall be reviewed and approved by the Town in the event that home sites, street layouts, or any other development is proposed in a manner inconsistent with the FDP and Final Plat; provided, however, that an administrative amendment process may be utilized for changes in site dimensions affecting not more than three sites located along Gooding Hollow, provided minimum site sizes are maintained. The above note shall be added to the final development plan. 4. The 20-foot waterline easement adjacent to Road 11 and the master meter easement shown at the southeast corner of the property must be dedicated as exclusive easements to Central Weld County Water District. 5. The configuration of the master meter easement and the easement for the Firestone 12" waterline along the south end of the property are not consistent with the meter and line layout shown on the construction plans. Adjust the easements accordingly. 6. The 20-foot easement for the 12" Firestone waterline along the south property line shall be an exclusive easement. The easement may be centered on the south home site lines, adjacent to the gas line easement. 7. Tracts A and B must be conveyed to the Town by special warranty deed. The applicant shall to prepare and submit legal descriptions (Exhibit A) and maps (Exhibit B) for both as well as provide a title policy for each in favor of the Town. 8. Adjust external street names to Firestone Street Grid on Vicinity Map and on Plat. 9. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 10. Subdivider shall obtain Sanitation District that non-exclusive easement to specific acknowledgment from the the proposed trail on Tract Band the District are compatible uses. 2 11. Add note describing active agricultural uses in the area. FINAL DEVELOPMENT PLAN 12. Add note per condition 3, above. 13. A note needs to be added to the cover sheet stating that street addresses for each lot can be found on the Landscape Plans, Sheets 4, 5, and 6. 14. Add the following to the last sentence of the Open Space section on the Cover Sheet; • ... prior to any grading or other modifications within the floodplain." 15. The Utilities section on the Cover Sheet shall be revised to reflect that the proposed master meter is owned by Central Weld County Water District and that Firestone will own the 6" meter serving Sun Communities. 16. The entry feature detail shown on Sheet 4 shall show the section line and the proposed Road 11 west right-of-way line, and none of the entry feature landscaping or structures shall be located within the public right-of-way. 17. All of the landscape improvements along Roads 11 and 24 shall be located within the landscape buffer and not within the street right-of-way. 18. Add detail for the noted screening of oil and gas facilities. The detail shall include tan colored aluminum fencing, per standard Town detail. 19. Building setbacks from Road 11 and Road 24 should be increased in order to be consistent with the Uniform Baseline Design Standards. Alternatively, prior to recording the final plat and FDP, written consent to any variation from the Baseline Design Standards shall be obtained from the parties to those Standards, in the form agreed upon by such parties. 20. Add a detail for internal trail connections. 21. The paved trail along the creek shall be 10-feet wide not 8- feet. 22. Add a note that a detailed irrigation plan will be made a part of the Utility Plan set. 23. Adjust the tree count to match the graphic number of trees shown, as it appears that the written numbers are low. 3 . . . ·' . 24. Add a note stating that a specific FDP shall be reviewed and approved by the Town for the buildings in the recreation center area. 25. No entry buildings or entry signs are approved by this FDP. Such buildings and signs shall be subject to separate FDP review and approval. 26. Add a trail connection on the north end of the property, from Harrier Street, and delete the trail along sites 326 and 327. 27. 28. 29. 30. 31. 32. Modify the FDP to state an additional 3 .1 space will be dedicated upon subdivision residential areas west of Godding Hollow. inconsistent provisions of the FDP. acres of open of the non- Delete other The O. 2-acre sign site, generally shown on the ODP and required by the Annexation Agreement shall be conveyed to the Town no later than March 1, 2000 with a title policy issued in favor of the Town. Prior to Town execution and recording of the FDP, Owner shall transfer to the Town, free and clear of all liens and encumbrances, the CBT water shares required by the Annexation Agreement. As required by the Annexation Agreement, the trail within Tract B shall be constructed by the owner. This and any other public improvements shall be covered by the Subdivision Agreement. shall be personal to Sun and/or its note shall be added restating the 17.2.f of the Annexation Agreement. The FDP approval affiliates, and a provisions of Section Add to last note of "Project Concept" section a statement that "The manufactured home spaces are not separately titled or conveyable interests." 33. A signature block for the developer should be added, in the form of its signature block on the Final Plat. 34. Prior to recording of the FDP, owner shall provide the Town with written consent of the Central Weld County Water District to the assignment to the Town of the 6-inch tap serving the Project and to the raw water dedication provisions of the Annexation Agreement. 4 •, . I • • 35. Add note describing active agricultural uses in the area to the FDP and to the lease agreements for individual home sites. 36. No sewer manholes shall be located in the Tract B trail, and the trail shall be more curvilinear. A revised design shall be subject to review and approval by Town staff. 37. Add a detail or note that shows the US Flagpole at no greater than 30 feet in height (center median at the main entrance) and the other two flagpoles (the State Flag and Eagle Crest Flag, at either side of the entrance) at no greater than 25 feet in height. 38. Alternate street names will be recommended to the Town Board by Town Staff. 39. A split rail fence shall be added to approximately one half the perimeter of the development along Roads 24 and Road 11. The design shall be shown on the FDP. The fence should accent the landscape buffer area. CONSTRUCTION PLANS 40. Plans and technical studies shall comments of the Town Engineer and be revised per the redline resubmitted for review and approval. INTRODUCED, 1999. READ, and ADOPTED this ~day of@~ 0 ,v - ATTEST: SEAL ••••• •••••• -<:,<;,,' •• •···· ... Town Clerk 102999/1441[sjlJf:Firestone\Subdiv\EagleCrest.res 5 RESOLUTION NO. '?~~- A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES. WHEREAS, a new Town Hall for the town of Firestone has opened for business at 151 Grant Avenue in the.Town; and WHEREAS, the new Town Hall will be the meeting place for regular meetings and work sessions of the Board of Trustees; and WHEREAS, the Board of Trustees desires by this Resolution to designate the new Town Hall as the place for posting of notices of meetings of the Board pursuant to Section 24-6-402 (2)(c), C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRSTONE, COLORADO: Section J. Pursuant to Section 24-6-402 (2)(c), C.R.S., notices of meetings of the Board of Trustees shall be posted in the entryway of the new Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520. _ IN__JRODUCED, READ, ~..&::~ , 1999. AND ADOPTED u- this // day of TOWN OF FIRESTONE, COLORADO RESOLUTION NO. S(. A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for.a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~RODUCED, READ, ~ ,1999. ATTEST: AND ADOPTED this Jl!!' day of TOWN OF FIRESTONE, COLORADO ~~.- RESOLUTION NO. 99-37 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR RIDGE CREST P.U.D. -FILING 2. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 2; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 2 should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 2 subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this ~ day of~~ 1999. 1 ATTEST: ~ Town Clerk 111199/ 15; 4 2 [ kmkl F: \OFFICE\ Firo:,tono\Subdiv\ Ridg2. ro:,. wpd 2 Rick Patterson Mayor ATTEST: T.L. Peterson Town Clerk 111299/08: 44 [kmk] F;\OFF1CE\Fire:,tone\Subdiv\Ridg2. re:,.wpd 2 Rick Patterson Mayor FINAL PLAT Ridge Crest -US Homes Comments and Conditions Town Board Meeting Exhibit A 1. Note 6 of the legal description shall to be modified to match the description used for the public hearing notification. 2. The Town approval block refers to Filing No. 1. This shall be changed to Filing No. 2. 3. Note 9 provides the dedication information for each of the tracts shown on the plat. Tract B and C will also function as an easement for a future Central Weld County Water District water line. Tract T is also a drainage and utility easement. Tracts Q, R, and S do not appear to be very useful open space. Consideration should be given to eliminating them and simply adding them to the adjacent lots. Finally, the tracts for the three detention ponds and Road 15 right-of-way shall be dedicated to the Town because they are integral parts of the storm drainage system but maintenance responsibilities shall be assigned to the HOA. 4. Lot 4 Block 4 is a flag pole lot with a street frontage of a little over 16 feet. This is a condition that should be reconsidered. A 25-foot frontage has generally been acceptable to the Planning Commission as long as it can be shown that the driveway will run directly into the garage with no bends. 5. All existing easements on the property shall be shown. Vacations shall be referenced as needed. The cover sheet shall include a note referencing the title commitment relied on for the survey. 6. The temporary easements granted on this property associated with Filing No. I shall be shown on this plat and vacated by this plat. 7. The plat shows the standard JO-foot front lot and 8-foot rear lot easement. If the intention is to continue putting the gas in the front and the electric, telephone, and cable TV in the back, then these easement dimensions shall be confirmed by the utility providers. 8. A note shall be added stating the front 4 feet of the front lot easement in all of the lots adjacent to the St. Vrain Ranch Boulevard pull outs is to be reserved for the Town of Firestone. This is to ensure that the Town will have adequate easement for the installation of water meters and curb stops. 111299/08; 56 (kmk) F: \OFFICE\ Firo.5tone\Subdiv\Ridg2. re!!. wJXl 3 ... 9. Sheet 6 shows 4 lots from the Harney Town Site Plat. There is also a note indicating these will be vacated or acquired prior to final platting. Prior to recording, these lots shall either be acquired by US Home and shown as being vacated by this plat or the current landowners must sign the plat with a note added vacating the lots. If the former, acceptable Proof of Ownership shall be produced to the Town Attorney. 10. The existing sanitary sewer easement being vacated by this plat, including the portion within Dover Street, shall be cross-hatched and additional dimensions added to the portion remaining in Tract T. 11. Many of the street names do not comply with the approved Firestone street grid, and shall be revised consistent with recommended changes provided by Town staff The street names shall also be added to the key map on the cover sheet. 12. Match lines between the last few sheets shall be placed in proper alignment. 13. Add the lot frontage for Lot 41, Block 2. 14. Add note that there are active agricultural uses in the area. TITLE COMMITMENT 15. The title commitment submitted is dated December 1998. A current title commitment, using the corrected Filing No. 2 legal description, shall be submitted and approved prior to recording. 16. The property owner shall petition for inclusion into the Carbon Valley Recreation District. FlNAL DEVELOPMENT PLAN MAP 17. The applicant is required to address each lot in the development and show those addresses on one of the FOP map sheets if not a separate FOP map sheet. Therefore, a map shall be prepared and added to the FOP, which map may be at a smaller scale so that the addresses are legible. The addresses must be determined using Firestone's adopted addressing convention and corner lots should show addresses for both adjacent streets. 18. The entry feature details shall be deleted. 19. The key maps used in the construction plans shall be used on the landscape plans as well. 20. No trees are to be planted within 10 feet of any water, sanitary sewer, or storm sewer line. These no planting lines shall be shown on the landscape plans so that potential conflicts can be avoided. 111299/08: 54 I kmkl F: \OFFICE\ Fire:,tono\Subdiv\Ridg2. re:,.wpd 4 21. The irrigation system shall be shown on the landscape plans. 22. Add rationale as to why there are size variations in off-street trails. This can be added to FOP Text or map. 23. Exterior fencing along Road 15 shall be PVC privacy; fencing in other areas shall be limited to cedar. FINAL DEVELOPMENT PLAN TEXT 24. Add detail to show taper from elevation of split rail to privacy fence height, over an 8-12 foot span. 25. The applicant is required to address each lot in the development and show those addresses on one of the FOP map sheets, if not a separate FOP map sheet. 26. Make the changes to the ownership and maintenance responsibility section, consistent with the above Final Plat conditions. 27. Further describe timing of development of open space areas. 28. Add a note stating that there will be no one-car garage homes. 29. Add statement that only split rail style fencing is to be used along trails. 30. All trails shall be concrete. 31. Landscaping along Road 15 shall be consistent with that of Filing-I. 32. Review the layout of the lots 31 and 14, Block 6. SUBDIVIDER'S AGREEMENT 33. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 34. The Town and US Home shall discuss cooperative development options for the park adjoining the school site ( even though it is associated with Filing-I). 35. The Subdivider's Agreement should address providing a "landscaping and irrigation certificate" program for front yard landscaping. l 12299/ 10: 55 ( kmk IF: \OFFICE\Firo.,tono\Subdiv\ Ridg2. ros. wpd 5 .• CONSTRUCTION PLANS 36. Plans and technical studies shall be revised per the redline comments of the Town Engineer and resubmitted for review and approval. 111299/08: SQ [ kmk] f; \OFFICE\ F iro:stono\Subdiv\ Ridg2. re:,. wpd 6 RESOLUTION NO. 99-38 A RESOLUTION APPROVING AN AMENDED OUTLINE DEVELOPMENT PLAN FOR MONARCH ESTATES, AND A PRELIMINARY SUBDIVISION PLAT FOR THE MONARCH ESTATES SUBDIVISION. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone requests for approval of an Amended Outline Development Plan for Monarch Estates (formerly known as the Hurt Annexation property), and a Preliminary Subdivision Plat for the Monarch Estates Subdivision; and WHEREAS, all materials related to the proposed Amended Outline Development Plan and Preliminary Subdivision Plat have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, resolutions, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Amended Outline Development Plan and Preliminary Subdivision Plat and has forwarded to the Board of Trustees recommendations of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Amended Outline Development Plan and Preliminary Subdivision Plat and has held a properly noticed public hearing on the applications; and WHEREAS, no protests were received by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the proposed Amended Outline Development Plan is consistent with the Town's plan for the area encompassed by the proposed amendment; and WHEREAS, the Board of Trustees finds that the proposed Amended Outline Development Plan and Preliminary Subdivision Plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 1 Section 1. The Board of Trustees does hereby approve the Amended Outline Development Plan for Monarch Estates, and the Preliminary Subdivision Plat for the Monarch Estates Subdivision, subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein by this reference. INTRODUCED, READ, and ADOPTED this )/~ay of~ , 1999. ATTEST: T.t. Peterson Town Clerk lll299/08:48(kmk)F:\OFFIC8\Firo~tono\Subdiv\Hon8~t.ro~.wpd 2 Monarch Estates Recommended Conditions of Approval Exhibit A PRELIMINARY PLAT and ODP MAP 1. A land use table with the following information shall be added to the Preliminary Plat. Tract Use Sq. Ft. Acres Park Owner Maint. A Det. Pond 87,829 2.0163 Town HOA B Park 137,306 3.1521 3.1521 Town Town C Park 92,966 2.1342 2.1342 Town Town D Well Site 90,671 2.0815 HOA HOA E Fut. Road 5,474 0.1257 Town Town 9.5098 5.2863 2. All maps shall be amended to utilize the Firestone Street Grid. 3. Standard title blocks pursuant to the Development Regulations shall be utilized for the ODP Map; the word "Amended" shall be added, together with a reference to the former project name of the Hurt Annexation. 4. The ODP Text shall be amended to reflect the additional lots and other modifications present in the map and application. 5. A note shall be added stating that there is active agricultural land uses in the area to both the ODP and Preliminary Plat. 6. Dedication language as supplied by the Town Attorney shall be added to the Preliminary Plat. 7. The width of easement along the Godding Ditch shall be specified. At final platting the Town shall determine whether the depicted park area is suitable for public use and acceptable as a public use dedication. OTHER DOCUMENTS 8. Respond to comments provided by the Town Engineer. lll299/0B:45(kmk)F:\OFFICE\Firo~tono\Subdiv\Hon6~t.ro~.wpd 3 ' ·- RESOLUTION NO. 99-39 A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND OVERALL FINAL DEVELOPMENT PLAN FOR DEL CAMINO JUNCTION BUSINESS PARK P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Overall Final Development Plan for Del Camino Junction Business Park P.U.D.; and WHEREAS, such request approval has been submitted Firestone Town Code section for Overall Final Development Plan at the time of PUD zoning pursuant to 17.22.030; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Overall. Final Development Plan have been reviewed by Town Staff and the Firestone Planning and zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Overall Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Overall Final Development Plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Overall Final Development Plan for Del Camino Junction Business Park P. U. D. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Overall Final Development Plan for Del Camino Junction Business Park P.U.D. subject to the following conditions: 1 Final Plat 1. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. The final construction plans, as approved by the Town Engineer, shall be incorporated into the Subdivision Agreement. 2. The two detention pond sites on the applicant's property shall be designated as outlots, shall be dedicated and conveyed to the Town by special warranty deed, free and clear of all liens and encumbrances, and shall be maintained by the Subdivider or a successor owners association. 3. Add at the bottom of the dedication block the following statement, as required by Town Code section 16.12.080.D: It is expressly understood and agreed by the undersigned that all expenses and costs involved in constructing and installing sanitary sewer system works and lines, water system works and lines, gas service lines, electrical service works and lines, landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and services shall be guaranteed and paid for by the Subdivider or arrangements made by the Subdivider thereof which are approved by the Town of Firestone, Colorado, and such sums shall not be paid by the Town of Firestone, and that any item so constructed or installed when accepted by the Town of Firestone shall become the sole property of said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement and items owned by municipality franchised utilities, other serving public entities and/or U.S. West Communications, Inc., which when constructed or installed shall remain and/or become the property of such municipality franchised utilities, other serving public entities, and/or U.S. West Communications, Inc. and shall not become the property of the Town of Firestone, Colorado. 4. CBT water shares shall be provided to the Town as specified in the Annexation Agreement. 5. An updated title commitment shall be submitted to the Town Attorney prior to recording of the Final Plat, and a title policy shall be provided for the outlets and right-of-way conveyed to the Town. 6. Delete Note 1 and change the name of Business Park Street to Union Street. 2 7. Provide documentation that the Subdivider and its successors have the right to use CDOT right-of-way in perpetuity for detention pond 3, and that the Subdivider has the right to landscape CDOT right-of-way up to the frontage road pavement. 8. Provide copies the.approved CDOT access permits. 9. The oil well drill site shall either be removed from the plat or the Subdivider shall provide documentation that the mineral holder agrees to the location of the drill site and the other terms of exercise of its rights. 10. A 20-foot exclusive easement shall be dedicated to Firestone for the proposed Firestone waterline, located east of the frontage road slope easement. 11. The Area tabulation chart shall include actual street names. 12. Note 1 on Sheet 2 shall be deleted. 13. The plat sheets shall be correctly numbered to to the two sheets submitted, and the certificate shall _be corrected accordingly. correspond surveyor's 14. Documentation shall be provided from the Rural Ditch and Irrigation Company indicating that the plat is acceptable to it with respect to right-of-way and related issues. This condition may be met by the Company's signature on the plat or separate documentation. 15. Prior to recording of the final plat, written consent to any variation from the Baseline Design Standards shall be obtained from the parties to those Standards, in the form agreed upon by such parties. Overall Final Development Plan Text 16. The Final consistent on Exhibit Development Plan Text shall be revised with the changes shown in legislative format A attached hereto and made a part hereof. 17. A specific description of the property subject to the overall FDP shall be added as an exhibit. Overall Final Development Plan Maps 18. Final owners association documents and covenants shall be reviewed and approved by Town Staff prior to execution and recording. 3 19. A note shall be added stating that a site-specific final development plan shall be reviewed and approved by the Town prior to any development of an ind:.1i ua~ lot. INTRODUCED, READ, and ADOPTED this __lLCff.ay of~~ 1999. ~ ·-- / _,.. ATTEST: ~ :,d f', :'. /.\ w , r1. ----- J ~--::--. ,, Town Clerk 111299/1043[ojl]c:Firestcm\Junctn2.rea 4 l EXHIBIT A Final Development Plan DEL CAMil'JO JUNCTION BUSINESS PARK Owners/Developers: John T. Coppom Town of Firestone Weld County State of Colorado Sheet 1 of 4 Del Camino Junction Development, Inc. 1812 56th Avenue, Suite A Greeley, CO 80634 Technical Consultants: Tuttle Applegate, Inc. 11990 Grant Street, Suite 3 04 Denver, Co 80233 Submittal Date: September 9, 1999 Legal Description: A portion of Lot A amended recorded exemption No. 13 l 3-2-3-RE730, and a portion of Lot 1 Ft. Junction PUD First Filing, located in the SW¼ of Section 2, T2N, R68W of the 6th P.M., County of Weld, State of Colorado Project Concept: This Final Development Plan (FDP) is being submitted for the entire property, for overall access, landscaping, drainage and related issues. Additional, site specific FDPs shall be submitted with for each lot or development area prior to the development of such lot or area. The general concept of the development is to provide lots for commercial and light industrial type uses consistent with the RC and EC Zone Districts. Transportation access, visibility and image will be important factors for businesses locating here. Covenants and future FDPs will encourage a high quality architectural style of the development. Through the PUD, if a user requires additional acreage the use of two or more lots may be used as a single lot for a campus type facility. These lots Final Development Plan Del Camino Junction Business Park Page I of6 must be combined by covenant acceptable to the Town or combined during a replat process which will be submitted and processed concurrently with the site specific FDP. Land Use and Zoning: The eurrent use efthe 13ro13erty is vaeant grouna. The land uses for the development are consistent with the RC (Regional Commercial) and EC (Employment Center) Land Use Categories zeRing elassifieatiens of the Town within the PUD Zone District. Surrounding properties to the east and south are currently planned for these zoning classification uses. Although the property is being zoned for both RC and EC uses, the general location of these uses is that the RC uses will tend to be located on the south and western portions of the development, while the EC uses will tend to be located in the north eastern areas. At the time of individual site Final Development Plans the Town will review the applications, using this statement of intent to be sure that there is a positive transition and relationship between the RC and EC uses within the overall development. Additional FDPs shall be submitted with for each lot or development area prior to development. These FDPs will be processed pursuant to the Town Code and Firestone Development Regulations. Land Use Table: Block 1 (12 lots) Block 2 ( 5 lots) Block 3 ( 3 lots) Open.Space ROW Dedication Total Residential Densities: 25.468 8.099 4.234 2.055 3.888 43.744 No residential uses are planned in the development. Adjacent Properties: North: Siegrist Construction Company Book 1309 Rec No 2261418 East: Del Camino Central Annexation No. Two to the Town of Firestone Final Development Plan Del Camino Junction Business Park Pogc2of6 South: Rec. No. 2591391 Kahn Subdivision Lot 1 Block 1 Book 1187RecNo. 2132831 Replat of Lot 1 Block 2 Kahn Subdivision Book 1598 Page 381 Environmental Impact Mitigation: Maintenance and continued protection of the PUD will be enforced by the covenants. Open Space: The open space that is planned will be owned and maintained by the development covenants and property owner association. Controls: The development and its associated uses will be governed by the Town and development covenants for the property. Drainage: A system of detention ponds has been designed to control the storm water runoff from the development. The system will consist of three ponds with the downstream pond containing a storm water quality pond. Two of the ponds will be built onsite. The third pond will be built in the COOT R.O.W. directly adjacent to the site. All developed flows as well as historic offsite flows have been routed through the detention ponds. Utilities: The following are the utility providers for the development: Water: Sewer: Gas: Phone: Electric: Town of Firestone Central Welel Cetmty Water Distriet St. Vrain Sanitation District KN Energy US West United Power No septic systems shall be utilized in this development. Final Development Plan Del CaminoJuncrion Busineu Park Poge.3of6 Circulation: This 60-foot right-of-way shown for Business Park Circle and Union Street is larger than the Towns standard residential street (54-foot) and smaller than the collector (68-foot). This 60-foot right-of-way is warranted as an adequate "industrial" street section can be constructed within this right-of- way. Parking: Parking spaces and the total square footage of internal landscaping within each parking area will be determined and evaluated at the time of individual Final Development Plans. Architecture: The proposed treatment of the buildings will be designed to be in harmony with the overall architectural style planned for the Town of Firestone. Given the highly visible location of this development and its tremendous economic development potential for the Town and Weld County, every attempt will be made to maximize the architectural quality of the individual buildings within the development, while at the same time responding to market forces and development economics. Individual architectural elevations will be provided in FDP submittals for individual sites. efthe area. The structures will be sited to avoid a "wall" affect along the rights-of-way. The covenants will establish an Architectural Control committee to review all project proposals. Landscaping: The overall landscape plan for the FDP is shown as Sheet 2 of the FDP Map. This plan provides the overall plan and intent for the master development area. This plan is subject to slight variations to account for field conditions and access locations. Additional landscape plans will be submitted with each site-specific FDP. Setbacks: Setbacks along 1-25 and the I-25 Frontage Road are established at SO feet. Setbacks along all internal streets are 20 feet. Internal side and rear setbacks are 1 S feet, unless otherwise determined at the time of individual FDPs. Development Schedule: Final Development Pion Del CaminoJunclion Business Pork Page-4 o/6 Development of the property is scheduled to begin no later than in early Spring of 2000. Public Improvement completion dat~s shall be as stated in the Subdivision Agreement. Sign Program: No signage is approved by this overall FDP, and signs shall be subject to review and approval through a site-specific FDP process. All signs shall meet the standards specified in the Minimum Design Standards and Town Ordinances and Regulations, and amended from time to time and in the event of conflict, the more restrictive shall control, except as to the criteria specifically noted below. Only one sign per lot is permitted. At the time of individual site-specific FDP, variation from any existing sign heights should be considered in order to add architectural interest to the development. In such case, the specific maximum signs heights noted below may be increased in one or two instances, project wide, by an additional five feet over the maximums noted below. RC Uses Notwithstanding the above, for RC uses, the sign can either be a free standing sign or a ground mounted monument sign that does not exceed 150 square feet in area. Maximum Height: Maximum Square Ft. Area: Minimum Setback: EC Uses 25 feet 100 sq feet 25 feet Signs shall be developed consistent with the most restrictive of the Minimum Design Standards, Town Regulations and Ordinances, as adopted and amended from time to time. Approval Blocks: ' Approved by the Plannft~ssion of the Town of Firestone, Colorado Ir,, 4 day of ~.v, 19 .z2 '\ ,..,~ i -\ ~\ Q:._0!, Jg j ~...... / •• Chairperson . Secretary Approved!>' the Town B~ of Trustees of the Town of Firestone, Colorado, this // day of~, 19~. Final Development Plan Del Camino Junction Business Park Page 5 o/6 Mayor .--~ 0 W ,v·· .....,.. --=~ ~~~!c:::::::-~!-W~:si.~ m_W.A.iL, ·•··· .... ~ ... ···•· Final Development Plan Del Camino Junction Bu:riness Pork Page 60/6 RESOLUTION NO. '9,f,~ A RESOLUTION ACCEPTING THE FINAL DRAFT OF THE I-25 CORRIDOR MASTER DRAINAGE PLAN GODDING HOLLOW AND TRI-TOWN BASINS SOUTH WELD COUNTY, COLORADO WHEREAS, the Board of Trustees of the Town of Firestone, pursuant to Colorado statute, is vested with the authority of administering the affairs of the Town; and WHEREAS, the Town of Firestone and other local governments located in southern Weld County have been presented by Anderson Consulting Engineers, Inc. with a final draft of the document entitled, 'I-25 Corridor Master Drainage Plan Godding Hollow and Tri-Town Basins South Weld County, Colorado;" and WHEREAS, said Plan addresses various surface drainage concerns and problems in the Godding Hollow and Tri-Town Basins, and provides a recommended plan of action for dealing with such concerns and problems; and WHEREAS, the local governments desire to accept the final draft of the Plan, and intend to implement said Plan in the future through an entity or mechanism to be determined and/or initiated by the local governments; and WHEREAS, said local governments have agreed to continue to study and discuss such entity or mechanism at a meeting set for November 16, 1999, and continuing thereafter as necessary. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The final ·draft of the document entitled, • I-25 Corridor Master Drainage Plan Godding Hollow and Tri-Town Basins South Weld County, Colorado," is hereby accepted by the Town. Section 2. Such acceptance shall not give the accepted Plan the force of law; rather, the Board of Trustees intends that such Plan be implemented and enforced in the future after an entity or mechanism to do so is determined and/or initiated by the involved local governments, and appropriate mechanisms for implementation and enforcement are adopted. ~ ~ED, READ AND -~....L=C.::...-'--------' 1999. ADOPTED this day of TOWN OF FIRESTONE, COLORADO \ \ ,...•'"\ Attest: T.L~ f .... ' :-; r -, '\ ii' .\ C.. ••--'..- '-. Town Clerk 11/11/99/4:49PM[bas]F:firestone\I-25 master drainage plan .. RESOLUTION NO 9tf--# TOWN OF FIRESTONE, COLORADO RESOLUTION TO ADOPT BUDGET A RESOLUTION SUMMARIZING EXPENDITURES AND REVENUES FOR EACH FUND AND ADOPTING A BUDGET FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE CALENDAR YEAR BEGINNING ON THE FIRST DAY OF JANUARY, 2000 AND ENDING ON THE LAST DAY OF DECEMBER, 2000. WHEREAS, the Board of Trustees of the Town of Firestone has directed T.L. Peterson, Town Clerk/Administrator, to prepare and submit a proposed budget to said governing body at the proper time, and; WHEREAS, T.L. Peterson, Town Clerk/Administrator, has submitted a proposed budget to this governing body on October 9, 1999, for its consideration, and; WHEREAS, upon due and proper notice, published or posted in accordance with the law, said proposed budget was open for inspection by the public at a designated place, and interested taxpayers were given the opportunity to file or register any objections to said proposed budget, and; WHEREAS, in accordance with the amendment ("Amendment 1 ") adding Article X, Section 20 to the Colorado Constitution, approved by the voters on November 3, 1992, an "Amendment One Emergency reserve" is included in the budget in a total amount estimated to equal three percent of the Town's fiscal year spending excluding bonded debt service, the final amount to be calculated during 1999 when necessary final information is available to the Town, and; WHEREAS, whatever increases may have been made in the expenditures, like increases were added to the revenues, keeping both within the revenue and spending limitations required by Article X, Section 20 ("Amendment 1 "), so that the budget remains in balance as required by law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the budget as submitted, amended, and as attached to this resolution, be, and the same hereby is approved and adopted as the budget of the Town of Firestone for the year stated above. Section 2. That the budget hereby approved and adopted shall be signed by the Mayor, and made a part of the public records of the Town. ADOPTED THIS NINTH DAY OF DECEMBER, 1999. By:~~~-A-~---' Mayor ATTEST: RESOLUTION NO ~__,y~ TOWN OF FIRESTONE, COLORADO RESOLUTION TO SET MILL LEVIES A RESOLUTION LEVYING GENERAL PROPERTY TAXES FOR THE YEAR 1999, TO HELP DEFRAY COSTS OF GOVERNMENT FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2000 BUDGET YEAR. WHEREAS, the Board of Trustees must certify the mill levy for the 2000 budget year by December 15, 1998, and; WHEREAS, the amount of money necessary to balance the budget for general operating expenses is $122,378, and; WHEREAS, the 1999 valuation for assessment for the Town of Firestone, as certified by the County Assessor, is $12,069,620. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: . Section 1. That for the purpose of meeting all general operating expenses of the Town of Firestone during the 2000 budget year, there is hereby levied a tax of 10.138 mills upon each dollar of the total valuation for assessment of all taxable property within the Town for the year 1999. Section 2. That the Town Clerk is hereby authorized and directed to immediately certify to the County Commissioners of Weld County, Colorado, the mill levies for the Town of Firestone as hereinabove determined and set. ADOPTED, this Ninth day of ~~ .. RESOLUTION NO. 1#1~ A RESOLUTION ESTABLISHING THE MAXIMUM SALARIES OF THE TOWN CLERK, TOWN ADMINISTRATOR, DEPUTY TOWN CLERK/TREASURER, CHIEF OF POLICE, POLICE SERGEANT, PATROLMAN #1, PATROLMAN #2, CODE ENFORCEMENT OFFICER, MAINTENANCE SUPERVISOR, EQUIPMENT OPERA TOR, AND MAINTENANCE HELPER, FOR THE FISCAL YEAR 2000 FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Board of Trustees of the Town of Firestone, Colorado has adopted a budget for the fiscal year 2000 setting forth revenues and expenditures for said fiscal year; and WHEREAS, certain monies contained in the adopted budget have been designated for salaries for officers and employees of the Town of Firestone, Colorado; NOW THEREFORE BE IT RESOL YEO by the Board of Trustees of the Town of Firestone, Colorado that the following salaries be set for the various officers and employees of the Town of Firestone for the fiscal year beginning January I, 2000 and ending December 31, 2000. Town Administrator Town Clerk Deputy Town Clerk/ Administrator Chief of Police Police Sergeant Patrolman # I Patrolman #2 Code Enforcement Officer Maintenance Supervisor Equipment Operator Maintenance Helper $ 3,258.00 per month $ 2,500.00 per month $ 2,381.00 per month $3,166.00 per month $ 2,800.00 per month $ 2,363.00 per month $ 2,200.00 per month $ 2.000.00 per month $2,775.00 per month $ 2,350.00 per month $ 2,200.00 per month INTRODUCED, READ AND ADOPTED THIS 9th DAY OF DECEMBER, 1999 .. Mayor ATTEST: RESOLUTION NO. fl~/# A RESOLUTION PRESCRIBING WATER RATES AND CHARGES FOR THE TOWN OF FIRESTONE, COLORADO. WHEREAS, the Town operates a municipal water system; and WHEREAS, the Town and Central Weld County Water District are parties to various intergovernmental agreements concerning the provision of water service and facilities to the Town; and WHEREAS, pursuant to such intergovernmental agreements, the District has increased charges pertaining to the provision of water service to the Town; and WHEREAS, after review and analysis of the costs of providing, operating and maintaining the Town's water system, and in consideration of the District's increases, the Board of Trustees has determined that increases in the water system rates and charges are necessary to correspond with District increases and the Town's increased operating costs. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Water rates anc charges. The following montly rates and charges shall be imposed for water service received through the Town of Firestone water system: Monthly Minimum Charge for 5,000-15,000 15,000-20,000 Over 20,000 Meter First per 1,000 per 1,000 per 1,000 Size 5 000 Gallons Gallons Used Gallons Used Gallons Used 5/8" $ 21.12 $ 1.10 $ 1.20 $ 1.30 3/4" $ 33.05 $ 1.10 $ 1.20 $ 1.30 l" $ 61.22 $ 1.10 $ 1.20 $ 1.30 1-1/2" $ 88.61 $ 1.10 $ 1.20 $ 1.30 2" $149.36 $ 1.10 $ 1.20 $ 1.30 Section 2. Connection fees, capital investment and repair charges. The following connection fees, capital investment and repair charges shall be imposed, except that the Town of Firestone shall not be required to pay such connection fees for irrigation sprinkler systems for any public parks, rights-of-way, open space, or medians, or any facility developed, owned or paid for by the Town. , . ~ ' .. ,-, • ...., .. Capital Capital Meter Connection Investment Investment Size Charge and Regair CWCWD Total • 5/8" $ 5,800 $ 600 $ 2,000 $ 8,400 3/4" $ 7,700 $ 900 $ 3,000 $11,600 I" $12,500 $1,500 $ 5,000 $19,000 1-1 /2" $23,000 $3,000 $10,000 $36,000 2" $36,400 $4,800 $16,000 $57,200 Connection fees, capital investment and repair charges for taps requiring a meter' larger than two inch shall be determined by the Board of Trustees on an individual basis considering such factors as type of use, contemplated volume demand for water, effect on the entire water system in the Town and all other factors relevant to the application. ' Pursuant to the terms of an Intergovernmental Agreement for Water Main Extension ("Agreement") by and between the town, the Central Weld County Water District ("CWCWD"), the Town of Frederick and the City of Dacono dated February 16, 1994, the foregoing connection fees may be reduced by the amount set forth below for new water taps purchased to provide water service to any lot platted prior to January I, 1994, which lot is located within the present Town boundaries. Such reduction shall only apply to the first twenty five water taps purchased for such platted lots after CWCWD has completed the water line and increased its fees in accordance with the Agreement. Meter Tag Size Reduction Amount 5/8" $ 2,000 3/4" $ 3,000 I" $ 5,000 1-1/2" $10,000 2" $16,000 INTRODUCED, READ, AND ADOPTED THIS ~A Y OF ik£½/ 1999. TOWN OF FIRESTONE, COLORADO ayor ATTEST: RESOLUTION NO. ~f&_.,.. A RESOLUTION ESTABLISHING THE WASTE COLLECTION SERVICE CHARGE PURSUANT TO SECTION 8.12.050 OF THE FIRESTONE MUNICIPAL CODE. WHEREAS, the Board of Trustees wisher to set, by resolution, the amount of the Town's waste collection service charge as provided for in the Firestone Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to Section 8.12.050 of the Firestone Municipal Code, the waste collection service charge shall be ten dollars and thirty two cents ($ I 0.32) per month effective January 1,2000. INTRODUCED, READ, AND ADOPTED THIS ~DAY OF~ , 1999. TOWN OF FIRESTONE, COLORADO T.L. Peterson, Town Clerk ' RESOLUTION NO.~ A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. EDDUCED, READ, 'h!d-tW' , 1999. ATTEST: AND ADOPTED this '2.!!-day of TOWN OF FIRESTONE, COLORADO son, Mayor RESOLUTION NO. 99-_i!Z A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR FIVE ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SHAW ANNEXATION, NUMBERS ONE THROUGH FIVE, TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, five petitions for annexation of certain property to be known as the Shaw Annexation, to be annexed in a series, have been filed by Gregory N. Shaw with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, by Resolution No. 99-30, the Board of Trustees previously found such petitions to be in substantial compliance with applicable law and set a hearing on the petitions; and WHEREAS, the Board of Trustees desires to again adopt by Resolution its findings in regard to the petitions, to set a new hearing on the petitions, and to repeal Resolution No. 99-30. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Shaw Annexation petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 150 Buchanan Avenue, Firestone, Colorado 80520, on Thursday, January 27, 2000, at 7:30 P.M. Section 5. Any person may appear at such hearing ··and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. • Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for· the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this 1999. ATTEST: .. ~ow I I • SEAL • • • • • •• ~!2::::,_--~~:,.. . Town 120999/1747[ejl]c:Fireston\Shaw2.ree (aubst.inti-1 compliance) 2 Patterson iJA!PI ALBERS, DREXEL & PoHLY, /Ne. 320½ Main Stred• P.O. Box UJ8 • Longmont • Colorado • 80502-1438 Telq,hon,: (303) 682-J/3/ • Fax, (303) 682-1149 EXHIBIT "A" May 4,1999 LEGAL DESCRIPTION -SHAW ANNEXATION NO. ONE A description of proposed SHAW ANNEXATION NO. ONE located in the SWl/4 of Section 5 and in the NWl/4 of Section 8, TIN, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in the SWI/4 of Section 5 and in the NWl/4 of Section 8, TIN, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: BEGINN)NG at the Southwest Comer of said Section 5, from which the S 1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence N00°52'53"E, 30.00 feet along the Easterly Line of FIRESTONE DEVELOPMENT ANNEXATION MAP NO. I, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, to the North Right-of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 30.00 feet along the North Right-of-way Line of said Weld County Road No. 24; Thence S81°43'13"E, 209.36 feet to the South Line of the SWJ/4 of said Section 5 at a point from which the Southwest Comer of said Section 5 bears N89°5T28"W, 237.64 feet along the South Line of the SWJ/4 of said Section 5; Thence S81°50'21"W, 210.23 feet to a Northeasterly Comer ofDOLLAHAN ANNEXATION NO. lHREE, an annexation to the ) Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, also being a point along the South Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 30.00 feet along the Northerly Line of said DOLLAHAN ANNEXATION NO. 1HREE to the Easterly Line of said FIRESTONE DEVELOPMENT ANNEXATION MAP NO. I; Thence N00°53'00"E, 30.00 feet along the Easterly Line of said FIRESTONE DEVELOPMENT ANNEXATION MAP NO. I to the Southwest Comer of said Section 5 and the POINT OF BEGINN)NG. Area= 8,028 square feet (0. 184 acres), more or less. LEGAL DESCRIPTION -SHAW ANNEXATION NO. TWO A description of proposed SHAW ANNEXATION NO. TWO located in the SWl/4 of Section 5 and in the NWl/4 of Section 8, TIN, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract ofland located in the SWl/4 of Section 5 and in the NWl/4 of Section 8, TIN, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the SJ/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 237.64 feet along the South Line of the SWl/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. ONE, an annexation to the Town ofFirestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNJNG: Thence S81°50'2l"W, 210.23 feet along the Southeasterly Line of said SHAW ANNEXATION NO. ONE to the South Right-of-way Line of Weld County Road No. 24; Thence S89°57'28"E, 219.53 feet along the South Right-of-way Line of said Weld County Road No. 24; A Full Service Land Surveying Company Boundary • Title • Geodetic • Topographic • Engineering layout • Subdivision Platting • Environmental ) ) ALBERS, DREXEL & PoHLY, /Ne. Thence N87°58'1 l "E, 829.36 feet to the South Line of the SW 1/4 of said Section 5 at a point from which the True Point of Beginning bears N89°57'28"W, 840.26 feet along the South Line of the SWl/4 of said Section 5; Thence N87°53'06"W, 829.40 feet to the North Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 218.61 feet along the North Right-of-way Line of said Weld County Road No. 24 to the Northeasterly Line of said SHAW ANNEXATION NO. ONE; Thence S81°43'13"E, 209.36 feet along the Northeasterly Line of said SHAW ANNEXATION NO. ONE to the TRUE POINT OF BEGINNING. Area= 31,777 square feet (0.729 acres), more or less. LEGAL DESCRIPTION -SHAW ANNEXATION NO. THREE A description of proposed SHAW ANNEXATION NO. lHREE located in the Sl/2 of Section 5 and in the Nl/2 of Section 8, T2N, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract of land located in the Sl/2 of Section 5 and in the Nl/2 of Section 8, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, descnbed as follows: COMMENCING at the Southwest Comer of said Section 5, from which the Sl/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 1077.90 feet along the South Line of the SWl/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. TWO, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING: Thence N87°53'06"W, 829.40 feet along the Northeasterly Line of said SHAW ANNEXATION NO. TWO to the North Right-of- way Line of Weld County Road No. 24; Thence S89°57'28"E, 2022.09 feet along the North Right-of-way Line of said Weld County Road No. 24; Thence S88°5l'I0"E, 2074.43 feet to the South Line of the SEl/4 of said Section 5 at a point from which the Sl/4 Comer of said Section 5 bears N89°36'42"W, 1656.19 feet along the South Line of the SEl/4 of said Section 5; Thence S89°29'24"W, 2074.10 feet to the South Right-of-way Line of said Weld County Road No. 24; Thence N89°57'28"W, 2022.09 feet along the South Right-of-way Line of said Weld County Road No. 24 to the Southeasterly Line of said SHAW ANNEXATION NO. TWO; Thence N87°58'1 l"E, 829.36 feet along the Southeasterly Line of said SHAW ANNEXATION NO. TWO to the TRUE POINT OF BEGINNING. Area= 158,677 square feet (3.643 acres), more or less. -2 - ·, . ) ALBERS, DREXEL & PoHLY, /Ne. LEGAL DESCRIPTION -SHAW ANNEXATION NO. FOUR A description of proposed SHAW ANNEXATION NO. FOUR located in the SW 1/4 of Section 4, in the S 1/2 of Section 5, in the Nl/2 of Section 8, and in the NWl/4 of Section 9, all in T2N, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract ofland located in the SWl/4 of Section 4, in the Sl/2 of Section 5, in the Nl/2 of Section 8, and in the NWl/4 of Section 9, all in T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Southwest Comer of said Section 5, from which the S 1/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 2689.02 feet along the South Line of the SWl/4 of said Section 5 to the Sl/4 Comer of said Section 5; Thence S89°36'42"E, 1656.19 feet along the South Line of the SEl/4 of said Section 5 to an angle point of SHAW ANNEXATION NO. TIIREE, an annexation to the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, and the TRUE POINT OF BEGINNING: Thence N88°5 l 'l 0"W, 2074.43 feet along the Northeasterly Line of said SHAW ANNEXATION NO. TIIREE to the North Right-of- way Line of Weld County Road No. 24; Thence S89°57'28"E, 417.88 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89°36'42"E, 2689.24 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89°29'05"E, 659.80 feet along the North Right-of-way Line of said Weld County Road No. 24 to the Westerly Line of Lot B of RECORDED EXEMPTION NO. 1311-04-3-REl737, a recorded exemption located in the SWl/4 of said Section 4, County of Weld, State of Colorado, according to the recorded plat thereof; Thence N00°05'14"E, 1290.76 feet along the Westerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-REl737 to the North Line of the SWl/4 of the SWl/4 of said Section 4; Thence continuing N00°05'14"E, 330.00 feet along the Westerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3- RE 173 7 to an angle point thereof; Thence N89°24'08"W, 630.00 feet along a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 131 l-04-3-RE1737 to the East Right-of-way Line of Weld County Road No. 17; Thence N00°05'14"E, 991.66 feet along the East Right-of-way Line of said Weld County Road No. 17 to the North Line of the SWl/4 of said Section 4; Thence S89°19'12"E, 2570.47 feet along the North Line of the SWl/4 of said Section 4 to the CI/4 Comer of said Section 4; Thence S00°06'56"W, 1315.92 feet along the East Line of the SWl/4 of said Section 4 to a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-RE1737; Thence N89°29'05"W, 330.00 feet along a Southerly Line of Lot B of said RECORDED EXEMPTION NO. 131 l-04-3-REI737 to an angle point thereof; Thence S00°06'56"W, 1320.00 feet along the Easterly Line of Lot B of said RECORDED EXEMPTION NO. 1311-04-3-REl 737 to the South Line of the SWl/4 of said Section 4; Thence S00°30'55"W, 30.00 feet at right angles with the South Line of the SWl/4 of said Section 4 to the South Right-of-way Line of said Weld County Road No. 24; -3 - ALBERS, DREXEL & PoHLY, /Ne. Thence N89°29'05"W, 2269.07 feet along the South Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence N89°36'42"W, 2688.90 feet along the South Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence N89°57'28"W, 417.75 feet along the South Right-of-way Line of said Weld County Road No. 24 to the Southeasterly Line of said SHAW ANNEXATION NO. IBREE; Thence N89°29'24"E, 2074.IO feet along the Southeasterly Line of said SHAW ANNEXATION NO. IBREE to the TRIJE POINT OF BEGINNING. Area= 126.705 acres, more or less. LEGAL DESCRIPTION -SHAW ANNEXATION NO, FIVE A description of proposed SHAW ANNEXATION NO. FIVE located in the SWl/4 of Section 4 and in the SEl/4 of Section 5, TIN, R67W of the 6th P.M., Weld County, Colorado. For: Greg Shaw. A tract ofland located in the SWl/4 of Section 4 and in the SEl/4 of Section 5, TIN, R67W of the 6th P.M., County of Weld, State of Colorado, descnbed as follows: 1 COMMENCING at the Southwest Comer of said Section 5, from which the Sl/4 Comer of said Section 5 bears S89°57'28"E, 2689.02 feet (Basis of Bearing), thence S89°57'28"E, 2689.02 feet along the South Line of the SWl/4 of said Section 5 to the Sl/4 Comer of said Section 5; Thence S89°36'42"E, 2689.02 feet along the South Line of the SEl/4 said Section 5 to the Southwest Comer of said Section 4; Thence S89°29'05"E, 30.00 feet along the South Line of the SWl/4 of said Section 4 to the-East Right-of- way Line of Weld County Road No. 17; Thence N00°05'14"E, 30.00 feet along the East Right-of-way Line of said Weld County Road No. 17 to the North Right-of-way Line of Weld County Road No. 24 and the TRUE POINT OF BEGINNING; I Thence N00°05'14"E, 2613.32 feet along the East Right-of-way Line of said Weld County Road No. 17, to the North Line of the SWl/4 of said Section 4; Thence N89°19'12"W, 30.00 feet along the North Line of the SWl/4 of said Section 4 to the Wl/4 Comer of said Section 4; Thence N89°54'46"W, 30.00 feet along the North Line of the SEl/4 of said Section 5 to the West Right-of-way Line of said Weld County Road No. 17; Thence S00°05'14"W, 2613.25 feet along the West Right-of-way Line of said Weld County Road No. 17, to the North Right-of-way Line of said Weld County Road No. 24; Thence S89°36'42"E, 30.19 feet along the North Right-of-way Line of said Weld County Road No. 24 to an angle point thereof; Thence S89°29'05"E, 29.81 feet along the North Right-of-way Line of said Weld County Road No. 24 to the TRUE POINT OF BEGINNING. Area= 156,801 square feet (3.600 acres), more or less. -4 - r1111m1iii1111111 i11iji 1111111111 i1111111111111111i11-1 ': I 2743709 01/12/2000 01 :56P JA Suki Tsukamoto i \ 1 or 2 R 10.00 D o.oo Weld County co ----~' -.. RESOLUTION NO. 99-48 A RESOLUTION APPROVING A MINOR SUBDIVISION PLAT FOR THE FIRESTONE SPORTS FIELD SITE WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Minor Subdivision Plat for the Firestone Sports Field Site; and WHEREAS, all materials related to the proposed Minor Subdivision Plat have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Minor Subdivision Plat and has forwarded to the Board of Trustees a recommendation of approval; and WHEREAS, the Board of Trustees has duly considered the proposed Minor Subdivision Plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Minor Subdivision Plat for the Firestone Sports Field Site should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the Minor Subdivision Plat for the Firestone Sports Field Site subject to the following conditions: 1. The subdivision plat shall be recorded concurrently with recording of a warranty deed conveying the subdivided property to the Town. In the event such deed is not recorded by December 31, 1999, the Board shall vacate its approval of the plat and repeal this resolution. 2. The approval blocks for the Town Attorney, Town Planner and Town Engineer shall be deleted and replaced with an approval block for execution by the Mayor and Town Clerk, in the form prescribed by Town Staff. 3. The Subdivider shall provide lienholders' consents to,the subdivision, which consent shall be in a form acceptable to the Town Attorney and may be provided through the partial releases of such liens to be provided prior to any conveyance of the subdivided property to the Town. 1 2-1 . ··-.. ·----- 1111111 lllll 1111111111111111 11111111111111 1111111111111 2743709 01/12/2000 01 :56P JA Suki Tsukamoto , , 2 of 2 R 10.00 D 0.00 Weld County CD~-_: t£ ,.. ,,, INTRODUC·E~, READ, an~--ADO-;;ED this ~ay of ,/1 ~ , · 1999. Mayor ATTEST: ~ --.S d:r:n Town Clerk 122199/1024(ojl]F:\Ueero\Sam\WPDoce\Fireeton\Ballfld.ree 2 RESOLUTION NO. &f <f-//<'/ A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ½ODUCED, READ, _L '/,,,,,/~ , 1999. AND ADOPTED this /j,I:-day of TOWN OF FIRESTONE, COLORADO ATTEST: / •• : SEAL . • • • • • • • ... ..• ... . .. ~ eterson, Town Clerk • RESOLUrION NO. ,14-.,1/ A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE WENDY'S ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Wendy's Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, February 24, 2000, at 7:30 P.M. 1 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, .by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 13 th day of January, 2000. ATTEST: Town 2 l EXHIBIT A LEGAL DESCRIPTION Lot 2, Block 2, Replat of Lot 1, Block 2, KAHN SUBDIVISION, Weld County, Colorado. Containing 1.079 ACRES, more or less. 11100/15:08(kmk)F:\OFFIC8\Fire~tono\Annox\Wondy'~.ro~.wpd 3 .... , RESOLUTION NO. ,1,tJ-~q5 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE NEIGHBOR'S ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Neighbor's Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, February 24, 2000, at 7:30 P.M. 1 Section 5. Any person · may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, and ADOPTED this 13 th day of January, 2000. ATTEST: Town 2 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 AS BEARING N00°00'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 12, N00°00'00" E, 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 22; THENCE N90°00'00"E, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 11; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE N00°00'00"E, 388.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N00°00'00"E, 1982.83 FEET TO THE NORTH LINE OF HURT ANNEXATION NO. 2; THENCE N90°00'00"W, 30.00 FEET TO THE CENTERLINE OF WELD COUNTY ROAD NO. 11 AND THE WEST LINE OF SAID SECTION 12, COMMON WITH THE EAST LINE OF SECTION 11; THENCE S66°59'13"W, 32.59 FEET ALONG THE NORTH LINE OF SAID ANNEXATION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. II LOCATED IN SECTION II; THENCE N00°00'00"E, 273.30 FEET ALONG SAID RIGHT-OF-WAY TO A POINT 30.00 FEET WEST OF THE WEST ONE QUARTER CORNER OF SAID SECTION 12; THENCEALONGNORTHLINEOFSOUTHWESTQUARTERS89°30'55"E,2750.83FEETTO THE CENTER OF SECTION 12 (C 1/4); THENCE ALONG EAST LINE OF SAID SOUTHWEST QUARTER S00°28'02"W, 2652.12 FEET TO THE NORTH LINE OF WELD COUNTY ROAD 22 RIGHT-OF-WAY; THENCE ALONG SAID NORTH RIGHT-OF WAY LINE N89°04'17"W, 1969.70FEETTOTHE SOUTHEAST CORNER OF A PARCEL AS DESCRIBED IN BOOK 1553, PAGES 438 AND 439 OF WELD COUNTY RECORDS; THENCE ALONG SAID DESCRIBED PARCEL THE FOLLOWING FOUR ( 4) COURSES AND DISTANCES; N00°00'00"E, 200.00 FEET; N90°00'00"W, 200.00 FEET; N00°00'00"E, 200.00 FEET; N90°00'00"W, 499.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 157.485 ACRES, MORE OR LESS. 3 RESOLUTION NO._dd:-'t?J A RESOLUTION DESIGNATING THE PLACE FOR POSTING OF NOTICES OF MEETINGS OF THE BOARD OF TRUSTEES. WHEREAS, Senate Bill 91-33 requires the Town Board to designate the public place or places for posting of notices of public meetings; and WHEREAS, such designation must be made at the first regularly scheduled meeting of each year; and WHEREAS, the Board of Trustees desires by this Resolution to designate the Town Hall and the Firestone Post Office as the places for posting of notices of meetings of the Board pursuant to Section 24-6-402 (2)(c), C.R.S. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRSTONE, COLORADO: Section l. Pursuant to Section 24-6-402 (2)( c ), C.R.S., notices of meetings of the Board of Trustees shall be posted in the entryway of the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520 and further in the vestibule of the Firestone Post Office, 4 78 First Street, Firestone, Colorado, 80520. ATTEST: READ, , 2000. -7C AND ADOPTED this Q day TOWN OF FIRESTONE, COLORADO son,Mayor of RESOLUTION NO. M-d'( A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the ·terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~ODUCED, READ, ~ ,2000. I/ ATTEST: ~ AND ADOPTED this _il_ day of TOWN OF FIRESTONE, COLORADO = · n,Mayor .!.('"OWN'"• ........ --~£~1, ··: .. . ..... .. . .. ./ RESOLUTION NO. ,!J,/J-Jij A RESOLUTION APPROVING AND ADOPTING AMENDED FIRESTONE DEVELOPMENT REGULATIONS FOR DEVELOPMENT PROJECTS WITHIN THE TOWN OF FIRESTONE WHEREAS, C.R.S. section 31-23-214 authorizes the Town to adopt regulations governing the subdivision of land within the Town's jurisdiction; and WHEREAS, C.R.S. section 31-23-301 et~ authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, C.R.S. section 24-67-101 et~ authorizes the Town to allow for planned unit developments within the Town and to adopt planned unit development regulations; and WHEREAS, pursuant to.such authorities, the Town has adopted subdivision, zoning and planned unit development regulations as codified in the titles 16 and 17 of the Firestone Municipal Code and in the Firestone Development Regulations, as amended; and WHEREAS, pursuant to such statutes and sections 16.04.050 and 17.04.020 of the Firestone Municipal Code, the Town Board desires to adopt amended Firestone Development Regulations, which amended Regulations are intended to replace the Firestone Development Regulations adopted March 14, 1996, as subsequently amended from time to time and currently in place within the Town; and WHEREAS, the amended Firestone Development Regulations establish standards and proc·edures relating to the subdivision of land and zoning and development matters within the Town, and implement the provisions of titles 16 and 17 of the Firestone Municipal Code; and WHEREAS, all required notices and public hearings concerning the adoption of such amended Firestone Development Regulations have been provided; and WHEREAS, the Firestone Planning Commission, after notice and hearing, has recommended the Town Board adopt the amended Firestone Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. There is hereby approved and adopted the Firestone Development Regulations, Amendment 1, which regulations shall be known and referred to as the Firestone Development Regulations. Section 2. All applicants for subdivision, zoning, rezoning or development shall be advised as to the existence of the Firestone Development Regulations, and a copy thereof shall be made available to such applicants. Section 3. The Firestone Development Regulations approved and adopted by this Resolution are intended to and shall replace the Firestone Development Regulations adopted March 14, 1996, and any amendments thereto, and· such previously adopted Regulations and amendments thereto are hereby repealed. Such repeal shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such prior regulations or amendments thereto, and each provision thereof shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 4. If any portion of the Firestone Development Regulations approved and adopted by this Resolution is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of such Regulations. The Town Board hereby declares that it would have approved and adopted such Regulations and each part thereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, and ADOPTED this --,~~~'&£/.----' 2000. day of TOWN OF FIRESTONE, COLORADO Attest: Town Clerk Ol2B00/1147(sjl)F:\Users\Sam\WPDocs\Fireston\DevRega.res RESOLUTION NO. £7.#~~ A RESOLUTION AUTHORIZING RETROACTIVE RETIREMENT PAY, AND A "COLA" INCREASE FOR THE 2000 BUDGET FOR THE OLD HIRE FPP A RETIREMENT ACCOUNT. WHEREAS, Anthony E. Onorato, Sr. did retire from active service with the Firestone Marshal's Office effe~tive January 1, 1989, and; WHEREAS, in December 1988, the Town and Mr. Onorato entered into a Full and Final Release and Termination Agreement ("Agreement"); and WHEREAS, the Agreement states that the retirement benefits to which Mr. Onorato is entitled do not include cost of living increases; and WHEREAS, in the Agreement, Mr. Onorato acknowledges that the monies and benefits received under the Agreement "shall be the full total and all of the retirement benefits from the Town of Firestone to which he is entitled now and forever"; and WHEREAS, no cost of living adjustments have been made smce Mr. Onorato's retirement; and WHEREAS, the Town of Firestone values all of its employees and appreciated their service, and desires to make a voluntary cost of living adjustment for Mr. Onorato. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE AS FOLLOWS: Section 1. That the Town Administrator be directed to authorize FPP A to make single retroactive payment to, Anthony E. Onorato, Sr., in the amount of $4,320.81. Section 2. That the Town Administrator be directed to authorize FPP A to increase, beginning March 1, 2000, the monthly payment, for Anthony E. Onorato, Sr., from $921.00 per month to $1,274.88 per month. Section 3. Nothing herein shall be construed to obligate the Town to provide any benefits other than those specifically required in the 1988 Full and Final Release and Termination Agreement, and the Town at any time may alter payments to levels consistent with said Agreement. READ, APPROVED AND ADOPTED THIS c/1,r;,, DAY OF r «e7 " ' 1999. Mayor ATTEST: RESOLUTION NO. oo-'11 A RESOLUTION APPROVING. AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees he_reby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. RODUCED, READ, AND ADOPTED this df';/P day of ~~~~-' 2000. TOWN OF FIRESTONE, COLORADO Mayor . ATTEST: RESOLUTION N0.1t1A A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, ~e</ ,2000. y ATTEST: AND ADOPTED this ,:;[,Z_ZZ day of TOWN OF FIRESTONE, COLORADO RESOLUTION NO. lf,/J-t1 'f A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~DUCED, READ, c:,r-'7 '2000. ATTEST: ~ T.L. Peterson, Town Clerk AND ADOPTED this ./d! day of TOWN OF FIRESTONE, COLORADO RESOLUTION N0.41-# A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~ODUCED, READ, ~,-,? , 2000. ATTEST: AND ADOPTED this /??~ day of . TOWN OF FIRESTONE, COLORADO ·,:.~_,:~· Mayor _. u,N •• . ~ O•• •.• .. -, ·•• S~~L ... .. RESOLUTION NO. 41-/41 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~ODUCED, READ, . ~(11? , 2000. ATTEST: AND ADOPTED this /,tJ-,1:r day of TOWN OF FIRESTONE, COLORADO R' ·~~~~ Mayor /, w . _..~o N ·• •. s~~i. . RESOLUTION NO. 00-fl A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE NEIGHBOR'S ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Neighbor's Annexation has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, if requested in the petition; and WHEREAS, by Resolution No. 00-02, the Board of Trustees previously found such petitions to be in substantial compliance with applicable law and set a hearing on the petition; and WHEREAS, the Board of Trustees desires to again adopt by Resolution its findings in regard to the petition, to set a new hearing on the petition, and to repeal Resolution No. 00-02. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Neighbors Annexation petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of 1 the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, April 13, 2000, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. Section 8. Resolution No. 00-02 is hereby repealed. INTRODUCED, READ, and ADOPTED this 24th day of February, 2000. ATTEST: ~ T.L. Peterson Town Clerk 2 EXHIBIT A LEGAL DESCRIPTION THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 12, AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 AS BEARING N00°00'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 12, N00°00'00" E, 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 22; THENCE N90°00'00"E, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 11; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE N00°00'00"E, 388.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N00°00'00"E, 1982.83 FEET TO THE NORTH LINE OF HURT ANNEXATION NO. 2; THENCE N90°00'00"W, 30.00 FEET TO THE CENTERLINE OF WELD COUNTY ROAD NO. 11 AND THE WEST LINE OF SAID SECTION 12, COMMON WITH THE EAST LINE OF SECTION 11; THENCE S66°59'13"W, 32.59 FEET ALONG THE NORTH LINE OF SAID ANNEXATION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. II LOCATED IN SECTION 11; THENCEN00°00'00"E, 273.30 FEET ALONG SAID RIGHT-OF-WAY TO A POINT 30.00 FEET WEST OF THE WEST ONE QUARTER CORNER OF SAID SECTION 12; THENCE ALONG NORTH LINE OF SOUTHWEST QUARTER S89°30'55"E, 2750.83 FEET TO THE CENTER OF SECTION 12 (C 1/4); THENCE ALONG EAST LINE OF SAID SOUTHWEST QUARTER S00°28'02"W, 2652.12 FEET TO THE NORTH LINE OF WELD COUNTY ROAD 22 RIGHT-OF-WAY; THENCEALONGSAIDNORTHRIGHT-OFWAYLINEN89°04'17"W, 1969.70FEETTOTHE SOUTHEAST CORNER OF A PARCEL AS DESCRIBED IN BOOK 1553, PAGES 438 AND 439 OF WELD COUNTY RECORDS; THENCE ALONG SAID DESCRIBED PARCEL THE FOLLOWING FOUR ( 4) COURSES AND DISTANCES; N00°00'00"E, 200.00 FEET; N90°00'00"W, 200.00 FEET; N00°00'00"E, 200.00 FEET; N90°00'00"W, 499.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 157.485 ACRES, MORE OR LESS. 3 RESOLUTION NO. 00-a A RESOLUTION CONCERNING A PETITION FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE WENDY'S ANNEXATION TO THE TOWN OF FIRESTONE, AND FINDING THE AREA PROPOSED TO BE.ANNEXED ELIGIBLE FOR ANNEXATION. WHEREAS, a petition for annexation of property described in Exhibit A attached hereto, to be known as the Wendy's Annexation to the Town of Firestone, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petition and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. It is desirable and necessary that the territory described in Exhibit A attached hereto and incorporated herein be annexed to the Town of Firestone. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Firestone. b. A community of interest exists between the area proposed to be annexed and the Town of Firestone. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written 1 l consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f .. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of 1.079 acres, more or less. k. A plan is in place, pursuant to Section 31-12- 105 (1) (e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2 3. Four copies of an annexation map of the area proposed to be annexed have been submitted to the Town Board and are on file with the Town. 4. Upon the annexation ordinance becoming effective, all land within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the Town of Firestone, except that general property taxes of the Town of Firestone, if applicable, shall become effective as of the January 1 next ensuing. 5. No election for annexation of the area proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107 (2) or -112, C.R.S. 6. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 7. The landowners of one hundred percent (100%) of the areas proposed to be annexed signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that all statutory requirements have been met, that the proposed annexation is proper under the laws of the State of Colorado and the area proposed to be annexed is eligible for annexation to the Town. The Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may adopt one or more ordinances annexing the subject property to the Town of Firestone. 2000. INTRODUCED, READ, and ADOPTED this #°8.ay of~---r7 , ATTEST: ~~ Trudy Peterson Town Clerk J300/13:33{kmk]F;\OFFICE\FlRESTOHE\AHNEK\WENDY'S.RES(2).DOC 3 r EXHIBIT A -LEGAL DESCRIPTION: Lot 2, Block 2, Replat of Lot 1, Bock 2, KAHN SUBDIVISION, Weld County, Colorado. Containing 1.079 ACRES, more or less. 3300/13:33(1cmlc:JF:\OFFICB\FIRRSTONB\ANN&x\WENDY'S.RES(2).00C 4 RESOLUTION NO. 00-t/.J A RESOLUTION AMENDING RESOLUTION NO. 99-37, CONCERNING THE FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR RIDGE CREST SUBDIVISION -FILING 2. WHEREAS, there was previously submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 2; and WHEREAS, the Board of Trustees by Resolution No. 99-37, adopted November 11, 1999, approved with conditions the Final Subdivision Plat and Final Development Plan for Ridge Crest P.U.D. -Filing 2; and WHEREAS, the Subdivider has requested approval of a~ amendment to the approved subdivision plat to allow Subdivider to finalize and record at different times two subdivision plats rather than one subdivision plat for the area previously approved for platting as Ridge Crest P.U.D. -Filing 2; and WHEREAS, the Town Board has held a properly not~ced public hearing on the proposed amendment to the approved final subdivision plat for Ridge Crest P.U.D. -Filing 2. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Condition 2 of Exhibit A of Resolution No. 99-37 is hereby amended to read as follows (words to be added are underlined) : 2 . The Town approval blocks refer to Filing No. 1. This shall be changed to Filing No. 2. Filing No. 2 may be finalized and recorded as one plat. consisting of 412 lots. or as two plats. consisting of 168 lots under the style of Ridge Crest Subdivision Filing No. 2 and 244 lots under the style of Ridge Crest Subdivision Filing No. 3. All 412 lots shall be addressed under the same Final Development Plan. No plat shall be recorded until the required water rights for the platted area have been conveyed to the Town and all other conditions of approval have been satisfactorily addressed. In 1 • the event all water required for the 412 lots has not been conveyed to the Town by February 24. 2001. Town approval of any unrecorded plat shall be vacated at that time and a.new plat and development plan submittal shall be required. Section 2. As amended hereby, Resolution No. 99-37 is hereby ratified and confirmed, and shall remain in full force and effect. INTRODUCED, READ, and ADOPTED this d'C'day of~ 2000. ATTEST: • •• • . . . . >,/ SEA'--· ::::~::::Z,:::'.::;~Z.ii~rz~'e!!:!,d~;;~.s::::!_ ___ ~~\•,, ....... T.L. Peterson Town Clerk 22500/08, 31 (kmk) P, \OFFICB\Fireetone\Subdiv\Ridg2amend. res .wpcl 2 tterson RESOLUTION NO. oo-.iL A RESOLUTION MAKING FINDINGS CONCERNING FIVE PETITIONS FOR THE ANNEXATION OF PROPERTY TO THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE SHAW ANNEXATION TO THE TOWN OF FIRESTONE. WHEREAS, five petitions for annexation of property described in Exhibit A attached hereto, to be known as the Shaw Annexation to the Town of Firestone, have been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to state law, the Town Board has held a hearing and desires to adopt by Resolution its findings in regard to the petitions and eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN IF FIRESTONE, COLORADO: Section 1. The Town Board finds and concludes that: 1. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist or have been met, including: a. Not less than one-sixth of the perimeter of the areas proposed to be annexed are contiguous with the Town of Firestone; in accordance with C.R. S. §31-12-104 (1) (a), contiguity may be established by the annexation of the five parcels described in Exhibit A in a series. b. A community of interest exists between the areas proposed to be annexed and the Town of Firestone. c. The areas proposed to be annexed are urban or will be urbanized in the near future. d. The areas proposed to be annexed are integrated with or are capable of being integrated with the Town of Firestone. e. No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. f. No land within the boundary of the areas proposed 1 to be annexed which is held in identical ownership, whether consisting of. one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has been included within the areas proposed to be annexed without the written consent of the landowners. g. No annexation proceedings have been commenced for any portion of the territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Firestone more than three miles in any direction from any point of the boundary of the Town of Firestone in any one year. j. The territory proposed to be annexed is comprised of five separate parcels, each parcel having a total area as follows: Annexation Parcel No. 1, 0.184 acres; Annexation Parcel No. 2, 0.729 acres; Annexation Parcel No. 3, 6.643 acres; Annexation Parcel No. 4, 120 acres; Annexation Parcel No. 5, 3.600 acres; k. A plan is in place, pursuant to Section 31-12- 105 (1) (e), C.R.S. 1. Any portion of a platted street or alley to be annexed will result in the entire width of the street or alley having been included within and made a part of the Town of Firestone and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Firestone but is not bounded on both sides by the Town of Firestone. 2. Four copies of an annexation map of the areas proposed to be annexed have been submitted to the Town Board and are on file with the Town. 2 3. No election for annexation of the areas proposed to be annexed has been held in the preceding twelve months, and no election is required under §§31-12-107(2) or -112, C.R.S., and an election is not required under C.R.S. section 31-12-107(2). 4. No additional terms and conditions are to be imposed other than those set forth in the annexation petition or otherwise agreed to by all owners. 5. The landowners of one hundred percent (100%) of the areas proposed to be annexed, excluding public streets and alleys, signed the petition requesting annexation, in compliance with Article II, Section 30 of the Colorado Constitution and §31-12-107(1), C.R.S. Section 2. The Town Board concludes that the above-noted statutory requirements have been met and that the areas proposed to be annexed are eligible for annexation to the Town under the criteria set forth in the Municipal Annexation Act of 1965, as amended. Therefore, pursuant to the Act, the Town Board, acting in its legislative capacity and pursuant to authority granted to it by state law, may if desired in its discretion adopt one or more ordinances annexing the subject properties to the Town of Firestone. Section 3. The areas proposed to be annexed are within the Town's Urban Growth Boundary as set forth in the Interim Coordinated Planning Agreement (the "ICPA") among the County of Weld, Town of Firestone, Town of Frederick and City of Dacono, which ICPA was recorded in the Office of the Weld County Clerk and Recorder on April 21, 1997, as Reception No. 2543872. Section 4. Pursuant to Section 5 of the ICPA, the Town Board hereby finds and concludes that good cause exists at this time for not annexing the areas proposed to be annexed to the Town as the Shaw Annexation. In particular, the Town Board finds and concludes that annexation of such areas to the Town at this time would result in the annexation of an area that is not reasonably contiguous in fact to the Town's existing boundary, and that annexation of such area at this time would result in a disconnected municipal satellite, both as contemplated in the ICPA. The Town Board further finds and concludes that annexation of such areas to the Town at this time would result is significant road maintenance and police services costs for service to such areas. Therefore, the Town Board determines that annexation ordinances for such areas shall not be submitted for consideration at this time. Section 5. The findings, conclusions, and determination set forth in Section 4 shall not be deemed to affect or impair the ability of the Town Board, at any time and in an exercise of its legislative discretion, from annexing such areas by ordinance at a 3 • later date upon consideration of any and all relevant matters, including but not limited to future annexation or development within the Urban Growth Area, future utilization of Town services and utilities within the Urban Growth Area, and future actual and anticipated demands upon roads within the Urban Growth Area; and other matters. Section 6. The Town Board hereby determines that if the property described on Exhibit A is proposed for development under the jurisdiction of Weld County, then the proposed development must comply with the ICPA, including but not limited to the requirement in Section 4.3 of the ICPA that, as a condition of County approval, there be an executed annexation agreement with the Town which requires the property be annexed to the Town upon the terms and conditions and within the time stated in the agreement. ~ INTRODUCED, READ, of ,,,p , 2000. ATTEST: and 030800/1527(sjl]F:\Uaers\Sam\WPDocs\Fireston\Shaw3rl.res 4 ADOPTED this ~ day RESOLUTION NO.~ A RESOLUTION SUPPORTING THE CENSUS 2000 EFFORT WHEREAS, the Census is vital to our community in that it determines the apportionment of seats in the United States House of Representatives and the (State Legislature), and is the basis for the allocation of billions of dollars of Federal, State, and County funds for transportation, social and other programs; and WHEREAS, the Census is also used to help determine where to locate schools, day care centers, senior citizen centers, hospitals, and other facilities and is used to make decisions concerning business growth and jobs; and WHEREAS, Census information is confidential and Federal law prohibits any public or private agency from gaining access to confidential Census data; and WHEREAS, in the Town of Firestone we are committed to a full and accurate Census count and are placing special emphasis on enumerating members of population groups traditionally undercounted; and WHEREAS, in the Town of Firestone we are committed to partnering together with the U.S. Census Bureau in preparing for Census 2000 through address list updates, censuds map corrections, and jurisdictional boundary updates; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, AS FOLLOWS: Section I. That the Town of Firestone hereby proclaims Census 2000 as a top priority for all departments and appointed officials, and encourages the community to place an emphasis within our jurisdiction of partnering together with the U.S. Census Bureau in achieving an accurate and complete count in Census 2000. READ, APPROVED AND ORDERED SIGNED THisa¥"6AY OF 4',.v 2000. ATTEST: ~--- RESOLUTION NO. ,1),1'--/? A RESOLUTION CALLING A SPECIAL MEETING OF THE BOARD OF TRUSTEES FOR THE PURPOSE OF ORDERING AND FIXING A DATE FOR A RECALL ELECTION. WHEREAS, on February 15, 2000, petitions were filed with the Town Clerk to recall three members of the Board of Trustees; and WHEREAS, the regular election for the Town of Firestone is to be held on April 4, 2000; and WHEREAS, C.R.S. § 31-4-503 (4) provides that if a regular election is to be held within ninety days after the date of submission of a recall petition, the recall election is to be held as a part of said regular election; and WHEREAS, C.R.S. § 31-4-503(4) further provides that the recall election is to be held not less than thirty days from the date of submission of the recall petitions by the Town Clerk to the Board of Trustees; and WHEREAS, the Board of Trustees has determined that in order to comply with C.R.S. § 31-4-503(4), the Clerk must submit said petitions to the Board of Trustees at a special meeting of the Board to be held no later than March 5, 2000 for the purpose of ordering and fixing a date for the recall election to be held on April 4, 2000. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. A special meeting of the Board of Trustees will be held on Thursday, March 2, 2000 for the purpose of ordering and fixing a date for a recall election. Section 2. Notice of such meeting shall be provided as required by state law and Town ordinance. ,,,1/NTRODUCED, READ, and ADOPTED this _HA,=~= .. ~="--------' 2000. 22300/13: 48 (kmkl F: \OFFICB\Fireetone\Rea\SpecMtg.wpd 1 day of Attest: 0/ftAW T.L. Peterson Town Clerk 22300/lJ:48(1tmk)F:\OFFlCB\Fireetone\Ree\SpecMt9.wpd TOWN OF FIRESTONE, COLORADO 2 RESOLUTION NO. tf,1-/1 A RESOLUTION APPROVING AN APPLICATION FOR THE RENEWAL OF TEMPORARY USE PERMITS FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for the rennwal of temporary use permits, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this of+"# day of ,a¼:-r , 2000. TOWN OF FIRESTONE, COLORADO ATTEST: RESOLUTION NO. tM-,-/ 1 A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~~ODUCED, READ, ~--7 ,1999. ATTEST: T.L. Peterson, Town Clerk AND ADOPTED this ~ day of TOWN OF FIRESTONE, COLORADO RESOLUTION NO. ~,JJ-/;f' A RESOLUTION DELEGATING TO THE TOWN CLERK THE AUTHORITY AND RESPONSIBILITY TO APPOINT JUDGES OF ELECTION. WHEREAS, on April 4, 2000 a regular municipal and recall election will be held in the Town of Firestone; and WHEREAS, C.R.S. § 31-10-40.1 requires the Board of Trustees to appoint the judges of election, or to delegate to the Town Clerk the authority and responsibility to appoint election judges; and WHEREAS, the Board of Trustees has determined to delegate its authority and responsibility to appoint election judges to the Town Clerk. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to C.R.S. § 31-10-401, the Board of Trustees of the Town of Firestone hereby delegates to the Town Clerk of the Town of Firestone the authority and responsibility to appoint judges of election for the election to be held on April 4, 2000. Section 2. All such appointments made by the Town Clerk shall be in accordance with the requirements for judges of election set forth in Part 4 of the Municipal Election Code, C.R.S. § 31-10- 401, et §.fill. II_JRDD)lCfiD,_ READ, and ADOPTED -~--=:..z=~='--~-----' 2000. this day TOWN OF FIRESTONE, COLORADO Attest: ,. : &;-- • .. ·' r;~~so~~,=~..._,...---~ •• ... _ .. • Town Clerk 3800/16:21[kmk]F:\OFFICB\Firestone\Res\BlectJudges.w¢ 1 of A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this ~ day of ~ ,2000. RESOLUTION NO.~/ ' A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, ~~ , 2000. ATTEST: AND ADOPTED this # i!__ day TOWN OF FIRESTONE, COLORADO cµ~ Mayor .... , ••• , . , . r· n i.\.L 0 --·· . . . "~ ,. .. ,/' ____:::::~~~~-~: .. .. T.L. Peterson, Town Clerk of RESOLUTION NO. ,:1/-;J.PJ A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ~4',,? , 2000. ADOPTED ✓.S-t0 this 7 day TOWN OF FIRESTONE, COLORADO ATTEST: ... ,,_ .. . . . . . SEAL. • • ·•. ..· .. .. ·········· T.L. Peterson, Town Clerk of RESOLUTION NO. ?¥.J.Pf A RESOLUTION APPROVING AN · APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INEODUCED, READ, ~~ ,2000. AND ADOPTED /,;.?u this 7 day of TOWN OF FIRESTONE, COLORADO ATTEST: T.L. Peterson, Town Clerk • RESOLUTION NO. 00-,:,fJ A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT FOR OAK MEADOWS P.U.D. WHEREAS, there was previously submitted to and approved by the Town of Firestone a preliminary subdivision plat for Oak Meadows P. U .D.; and WHEREAS, a final subdivision plat for Oak Meadows P.U.D. Filing No. 1 was subsequently approved and recorded, but the Town's approval of the preliminary plat has lapsed with respect to the Oak Meadows P.U.D. property not contained within Filing No. l; and WHEREAS, there has therefore been submitted to the Board of Trustees a request for approval of a preliminary subdivision plat for Oak Meadows P.U.D., not including Filing No. l; and WHEREAS, all materials related to the proposed preliminary subdivision plat have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, resolutions, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed preliminary subdivision plat and has forwarded to the Board of Trustees recommendations of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed preliminary subdivision plat and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed preliminary subdivision plat should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE ' TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the preliminary subdivision plat for Oak Meadows P.U.D. subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein by this reference. 1 INTRODUCED, READ, and ADOPTED this a'.?~y of ~~ 2000. ATTEST: T.L. Peterson Acting Town Clerk 32200/13: 51 [sjl] F: \0PPICB\Firestone\Subdiv\0akMeadPrelim. res .wpcl2 R~atterson Mayor . . Exhibit A Oak Meadows P.U.D. Preliminary Plat Conditions of Approval 1. The legal description shall be amended to exclude Oak Meadows P.U.D. Filing No. 1 subdivision. 2. The plat map shall also be amended to "ghost" out or otherwise depict exclusion of the Filing No. 1 area. 3. A note shall be added stating that Parcel Band Tracts E, H, I and T have already been dedicated to the Town. 4. Tracts Q and R, which were previously dedicated to the homeowners association, shall be added to Sheet 3. 5. Information regarding adjacent properties shall be updated to reflect current ownership. 6. Updated technical studies, as required under the Firestone Development Regulations, will need to be provided at the time of final development plan and final plat. 7. The dedication block shall be revised as required by Section 9.5.28 of the Firestone Development Regulations. 8. Provide a connection, using a six-foot trail corridor between two lots, from the northeasterly cul-de-sac to the park area. 9. Add a note stating that there are active agricultural uses in the area. 10. Add a note stating that building setbacks are intended to vary along the long cul-de-sac in the northeastern portion of the preliminary plat area. 32200/ll:Sl[sjl]F:\OPFICB\Firestone\Subdiv\oakMesdPrelim.rea.wpd) ' . "" _ _.. .. RESOLUTION NO. oo-d:i.._ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR BOOTH FARMS, FIRST FILING. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for Booth Farms, First Filing; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for Booth Farms, First Filing should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for Booth Farms, First Filing subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this %-::.Y of~~, 2000. Mayor 1 ATTEST: T.L.~ Acting Town Clerk 2 Exhibit A Booth Farms, First Filing Final Subdivision Plat and Final Development Plan Conditions of Approval Final Plat l. Revise plat consistent with Staff red-line comments on street names. Also, label Sparrow Avenue in front of Lots 35, 36, and 37, Block l, and make Stage Coach one word. 2. Side lot easements on corner lots adjacent to streets shall be 10-foot wide rather than 8-foot wide. Revise note on Sheet 2 to clearly denote easement widths, as directed by Town Engineer. 3. Plat Note 3 and the "Owner Policy Statement" shall be updated to reflect the November 12, 1999, title commitment submitted to the Town, or to reflect the commitment required by condition 6, below. 4. An updated title commitment, with a legal description that includes only and matches the First Filing property, shall be provided to the Town. Any substantive changes in the title commitment from commitments previously provided shall be addressed as required by Town staff. 5. Plat Note 4 should be revised based on the updated title commitment. 6. Recording data for all existing easements shall be added to the plat. 7. The dedicatfon block shall revised to denote owner as "Orr\Hall, LLC, a Colorado limited liability company;" to correct spelling of Mr. Hall's name, and to denote that he is a "manager" rather than "managing partner" (unless the articles of organization denote him as the latter). 8. The plat shall contain a lienholder consent for each lienholder consenting to the dedication of outlets, streets, avenues and easements, and releasing such lands 3 from its lien(s). The consent shall be in a form acceptable to the Town attorney. 9. At the time of recording of Final Plat, Subdivider shall convey to the Town by special warranty deed Outlot A and the 20-foot wide right-of-way for Colorado Boulevard, free and clear of all liens and encumbrances. An updated title commitment for such lands shall be submitted prior to recording of the Final Plat, and a title policy shall be provided for such lands conveyed to the Town. 10. The "Attorney Certification" may be deleted. 11. Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 12. Add a note that there are active agricultural uses (including dairies)in the area. 13. Owner shall petition for inclusion of the property within the Carbon Valley Recreation District, in the property is not already within this District. Final Development Plan 1. Reconcile the number of plats shown in the Land Use Table (138) with the number shown on the final plat (137). Insert correct final number as necessary. 2. Add note stating excess public land dedication over 10 percent requirement will be credited only to next Filing. 3. Revise Parking section to state that there will be no single car garages. Building elevations shall show only two-car or larger garages. 4. The Minimum Building Setback shall include street side setbacks on corner lots. 5. The landscape sheets shall show the boundaries of the First Filing and the correct street names. 6. Correct Addressing Plan as directed by Town Staff. 4 ...... 7. Remove future filing information from Plan. 8. Add a note stating that there are active agricultural uses (including dairies) in the area. 9. Add a note stating that an irrigation system and associated landscaping is required for each residential lot, as required by Town Code. Add to plan a typical residential lot landscape detail. 10. The developer shall cooperate as appropriate with Gregerson Dairy and the Godding Ditch Company in the planning and development of the project. 11. Revise Minimum Building Setbacks to state that setbacks shall be "20' front, 15' back, 5' sides, except that minimum building setback from Colorado Boulevard right- of-way shall be 45' in all cases." 3/24/00/9:41AM{sjl)F:\OFFICE\Firestone\Subdiv\BoothFarmsFDP.res.wpd 5 RESOLUTION NO. ,/)~cl~ A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. INTRODUCED, READ, AND ADOPTED this J..J~day of ~ .... b ,2000. TOWN OF FIRESTONE, COLORADO ayor ATTEST: T.L. Peterson, Town Clerk RESOLUTION NO. 00-rJ? A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT FOR FIRESTONE SAFEWAY, AN OVERALL FINAL DEVELOPMENT PLAN FOR FIRESTONE SAFEWAY SHOPPING CENTER, AND A FINAL DEVELOPMENT PLAN FOR LOTS 4, 5 AND 6, FIRESTONE SAFEWAY SUBDIVISION AND SHOPPING CENTER. WHEREAS, there has been su.bmitted to the Board of Trustees of the Town of Firestone requests for approval of a Final Subdivision Plat for Firestone Safeway, an Overall Final Development Plan for Firestone Safeway Shopping Center (being Lots 1 through 7 and Tract A of the Firestone Safeway Subdivision) and a Final Development Plan for Lots 4, 5 and 6, Firestone Safeway Subdivision and Shopping Center; and WHEREAS, all materials related to the proposed Final Subdivision Plat, Overall Final Development Plan and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat, Overall Final Development Plan, and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat, Overall Final Development Plan, and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat, Overall Final Development Plan, and Final Development Plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the Final Subdivision Plat for Firestone Safeway, the Overall Final Development Plan for Firestone Safeway Shopping Center (being Lots 1 through 7 and Tract A of the Firestone Safeway Subdivision), and the Final Development Plan for Lots 4, 5 and 6 of the Firestone Safeway Subdivision and Shopping Center, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. 1 INTRODUCED, READ, and ADOPTED this.J--"day of &:}t<c~ , 2000. ATTEST: 4/3/2000/12:45PM(sjl]F:IOFFICE\Firestone\Subd\Safeway. res 2 Final Plat Graphics EXHIBIT A Firestone Safeway Subdivision Safeway Shopping Center Overall FOP Safeway Shopping Center FOP, Lots 4, 5 and 6 Conditions of Approval 1. Heavier line weights should be used for the proposed lots, easements and text. The use of faded line weights for the vacated lots, easements, and text would be helpful in the same respect. Also, graphically show that the "Match Line" is also a lot line or shift the match line. Legal Description 2. Replace references in the legal description from Union Pacific Railroad to Firestone Trail (Bk 1596. Pg 830, Rec. No. 2538622, March 19, 1997). 3. The third paragraph of the legal refers to an "EAST" course 448.46 feet. This needs to be changed to "S 90°00'00"E" bearing to avoid any confusion. 4. The end of the third paragraph refers to five courses along a "SAID WEST RIGHT-OF-WAY" that is not defined. This reference probably needs to be eliminated because although most of the courses do re-state the west right-of- way of First Street, as previously platted, the northern most course extends further north than the right-of-way. 5. In the fourth paragraph (below the five separate courses) there are two references to "WEST" courses that shall be changed to "S 90°00'00"W" bearings to avoid any confusion. 6. Correct Note 4 as it misstates the Basis of Bearing. It is represented as South 89°40'09" West in the legal description. Dedication Language 7. Add to the bottom of dedication block the statement required by Development Regulation 11.8.28. Surrounding Properties 3 8. Note the owner of the property north of Tract A and remove Town of Firestone. Easements and Vacations 9. A note shall be added to the Final Plat stating that all lots and Tract A are subject to cross-access easements. 10. The vacation of all areas designated on the plat for vacation shall be approved by ordinance of the Board of Trustees. 11. Prior to Town execution and recording of the final plat, Subdivider shall obtain an easement from the Town for location of the access, entry sign and detention pond facilities upon the Firestone Trail. Access 12.A note shall be added stating that the proposed future access from Road 13 to Tract A shall be subject to review and approval by the Town at the time of Final Development Plan for Tract A. Public Land Dedication 13. Public land dedication for the development shall be satisfied in accordance with Town regulations and any agreements governing the same. Subdivision Agreement 14. Prior to Town execution and recording of the final plat, the Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to the Subdivider and the Town. Along the standard subdivision and development matters, this Agreement shall address water requirements, on and off site utilities, etc. 15. Water rights for the development shall be transferred to the Town in accordance with Town regulations and any agreements governing such transfer. Title Commitment 16.An updated title commitment and tax certificate shall be provided to the Town. 17. The final plat shall contain lienholder consents for any lienholders disclosed by the updated title commitment required by condition 16. The consent shall be in a form acceptable to the Town Attorney. 4 '. for Tract A. Unless and until such access is approved, access to Tract A shall be limited to First Street North and cross-access easements within the development. 27. Provide a copy of the covenants referenced in the Private Maintenance and Enforcement section. 28. The note on Sheet PUD-2 regarding vested property rights shall be deleted. (A vested property right application may be processed separately pursuant to Chapter 17.42 of the Firestone Town Code.) 29. Notes 7 and 8 of the sign program shall specifically state that only those signs detailed in the FOP are approved and permitted. 30.A note shall be added to the FOP stating that all lots and Tract A are subject to cross-access and parking easements. 31. The "Architecture" section on Sheet PUD-2 delete reference to "Item 11 above". 32. Remove references to the free standing entry signs. 33. A detail should be added for the traffic signal and its mast arm assembly. 34. In the Sign Program section add a statement that ties the narrative description to the typical on the building elevations sheet (Sheet PUD-7) for such signs. Overall Site Plan (Sheet PUD-3) 35. The fence surrounding the existing storage units shall be designed to comply with sight requirements at the development entrance to Grant Avenue. 36. Details for any fences need to be shown and shall be subject to review and approval by Town Staff. 37. Details for walkway transition areas need to be shown and shall be subject to review and approval by Town Staff. Construction Plans 38. Final approval needs to be obtained from the Town Engineer of the applicable construction plans and technical studies associated with the project. This includes the necessary approvals from the Tri-Area Sanitation District. 39. A landscape irrigation sheet shall be added to the construction plans. 6 District Inclusions 18. Provide a County Tax receipt for the subject property. 19. If necessary, provide a petition for inclusion into the Carbon Valley Recreation District and other service districts. Final Development Plan General 20.Add the Firestone Title Block to all sheets (see Page 9 of the Firestone Development Regulations). 21. Remove all references to Lot 8 and replace with 'Tract A." 22. Add a note stating that the lot layout for Lot 7 is illustrative only. 23.Add a note stating that land uses for Lots 1 through 7 and Tract A shall be restricted to those under current zoning that are functionally comparable to those in the PUD-NC zoning district. 24. Landscaping in the parking lot shall be increased by .2%. 25. Drainage facilities (headwalls, pipe, etc.) located in the detention pond along Road 13 shall be designed in such a way to be reasonably aesthetically pleasing and as unobtrusive a feasibly possible. Narrative Sheet (Sheet PUD-2) 26. Add a "General Notes" section to Sheet PUD-2 for the following notes: • A note shall be added stating that Final Development Plans shall be required prior to any development of Lots 1, 2, 3, and 7 and that Preliminary and Final Development Plans shall be required prior to any development of Tract A. • The FOP shall be denoted as an Overall FOP for Lots 1 through 7 and Tract A and a Final Development Plan for only Lots 4, 5, and 6. The legal descriptions shall be adjusted accordingly. • A note shall be added stating that the proposed future access from Road 13 to Tract A shall be subject to review and approval by the Town at the time of PDP and FOP 5 40. With respect to the photometric plan, assure adequate lighting on Road 13 in a manner complimentary to the use and layout of the Firestone Trail, to the extent consistent with the Uniform Baseline Design Standards. 7 RESOLUTION NO. ~~d'( A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~O~UCED, READ, 'hA1/' , 2000. AND ADOPTED this ,&_77-day of TOWN OF FIRESTONE, COLORADO ATTEST: RESOLUTION NO . ./~---,,?/ A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. ~DUCED, READ, .,?/ ,2000. AND ADOPTED this ~ day of TOWN OF FIRESTONE, COLORADO ATTEST: . Peterson, Town Clerk RESOLUTION NO. ,@7-.,?~ A RESOLUTION APPROVING AN APPLICATION FOR A TEMPORARY USE PERMIT FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby authorized. the application by the Town to the Northern Colorado Water Conservancy District for a temporary use permit, which application is attached hereto and incorporated herein by reference, and hereby agrees to the terms stated in said application, including payment to said District of the applicable fees. Section 2. The Mayor is hereby authorized to sign said application on behalf of the Town. Section 3. A certified copy of this Resolution, together with the signed application and payment in the amount of the applicable fees, shall be submitted to the District by the Town Clerk. 1+D1JCED, READ, ~ ,2000. ATTEST: ~ T.Cetedoi Town Clerk AND ADOPTED this /..1# day of TOWN OF FIRESTONE, COLORADO Ri C.Jd~~~ ayor .. .. ~oWN ··· ... s£~L: • •• •• •• .. .. RESOLUTION NO. 00-30 A RESOLUTION APPROVING APPLICATIONS FOR TEMPORARY USE PERMITS FROM THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT WHEREAS, the Town of Firestone is pursuing a program of acquiring water allotments in the Northern Colorado Water Conservancy District; and WHEREAS, according to the rules and procedures of said District, it is necessary that the Town apply for temporary use permits for said water pending final transfer of title and ownership in the name of the Town of Firestone; and WHEREAS, the Board of Trustees of the Town of Firestone desires to delegate to the Mayor and the Town Clerk the authority to do any and all things reasonably necessary and related to the transfer and issuance of temporary use permits as required by the rules of the Northern Colorado Water Conservancy District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Mayor and Town Clerk are hereby authorized and directed to make applications to the Northern Colorado Water Conservancy District for issuance of temporary use permits in the name of the Town of Firestone for water allotments acquired by the Town, upon payment of all transfer and annual rate charges, and further, to make application for reissuance of temporary use permits upon the expiration thereof in order to have continual reissuance upon an annual basis until such time as it appears reasonable to the best interests of the Town to have title and ownership of said water allotments permanently transferred in the name of the Town upon the books and records of the said Northern Colorado Water Conservancy District. Section 2. This Resolution shall remain in effect until repealed by resolution of the Town Board. .. • , . INTRODUCED, READ, AND ADOPTED this 11th day of May, 2000. ATTEST: •• •·\OW SEAL ' .... Cheri Andersen, Town Clerk TOWN OF FIRESTONE, COLORADO ~·· cA'l,--<,,;~ -~#~ k Patterson, Mayor RESOLUTION NO.· 0()-31 A RESOLUTION AUTHORIZING THE ISSUANCE OF BUILDING PERMITS FOR DEL REY SUBDIVISION (AREA 4) AND SETTING A GUARANTEE FEE TO BE COLLECTED UPON ISSUANCE OF EACH PERMIT WHEREAS, certain public improvements within Del Rey Subdivision (Area 4) currently are not completed; and WHEREAS, no improvement guarantee is currently in place with the Town to guarantee the completion of such improvements; and WHEREAS, the Town is entitled to withhold the issuance of building permits until such guarantee is in place, and has been withholding permits pending receipt of such guarantee from the Subdivider; and WHEREAS, the Town Board has determined that it is in the best interests of the Town and owners of property within such subdivision for there to be put in place a mechanism which allows the issuance of building permits, and which establishes a guarantee fund that can be used, if necessary, to complete the uncompleted public improvements. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Town staff is hereby authorized to issue building permits for lots within Del Rey Subdivision (Area 4), subject to all applicable Town ordinances, rules, regulations, policies, approvals and agreements, and subject to collection of the fee set forth in Section 2 hereof. Section 2. There shall be collected prior to the issuance of the first building permit for each lot and tract within Del Rey Subdivision a fee of $1,789.86, equal to one-fifteenth of the current estimated costs of the uncompleted public improvements. If a building permit for such lot or tract has been issued prior to the date of passage hereof, such fee shall be paid prior to the issuance of a certificate of occupancy. Such fee shall be placed into a guarantee fund to be used, if determined necessary by the Town Board, to complete the currently uncompleted public improvements. Such fee shall be returned to the payor thereof if not so used for such purpose, or if other funds are pledged as the guarantee for completion of such improvements. INTRODUCED, [Da__y READ, and ADOPTED this 2000. day of Attest: _..f_oVIN ... $~~~ ffiflu•1 )_ awb'3e;t Cheri Anderson Town Clerk 052700/1628[sjl)F:\Users\Sam\WPDocs\Fireston\permits.res TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor RESOLUTION NO. 00..-3cs., WHEREAS, C.R.S. § 31-31-408, as amended, authorizes the Board of Directors of the Fire and Police Pension Association (Board) to modify the pension benefits and the age and service requirements for pension benefits set forth in Part 4, Article 31, Title 31, C.R.S., as amended, with respect to the members of the Statewide Defined Benefit Plan (Plan); and WHEREAS, C.R.S. § 31-31-408, as amended, sets forth certain conditions which must be met before the Board may adopt any modification to the Plan, including approval by at least 65% of the active members of the Plan, and more than 50% of the employers having active members covered by the Plan; and WHEREAS, per Rule 704.01 the Board has provided the Town a copy of the language of the proposed plan modification; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE: Section 1. That the Board of Trustees of the Town of Firestone has read and understands the proposed plan changes and hereby authorizes and directs the Town Administrator to return the Official Employer Ballot, concerning the proposed plan changes, to FPPA indicating a YES vote on the proposed plan changes. ,th irv1 READ, APPROVED, AND ADOPTED THIS ,;)-5 day of W o...y , 2000. Mayor ATTEST: O!@l-~ Town Clerk RESOLUTION NO. 00-~ A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN AMENDMENT FOR THE DEL CAMINO JUNCTION BUSINESS PARK P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Development Plan Amendment for the Del Camino Junction Business Park P.U.D., requesting a monument entry sign for the development; and WHEREAS, all materials related to the proposed Final Development Plan Amendment have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan Amendment and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, proposed Final noticed public the Board of Trustees has duly considered the Development Plan Amendment, and has held a properly hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan Amendment for the Del Camino Junction Business Park P.U.D. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF.THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan Amendment for the Del Camino Business Park P.U.D. subject to the conditions set forth in Exhibit A, attached hereto and incorporated he~ein by reference. INTRODUCED, READ, and ADOPTED this £_1-.ctay of :;rl.l":':L: I 2000. ~°"& Butch Walb Mayor Pro-Tern 1 ,. ATTEST: Cheri Anderson Town Clerk 06120/ 154 8/ 15: 4 8 ( kmk J F: \OFFICE\ Firo.,tone\Subdiv\DolCaminoSign. i:o-,. wpd 2 Exhibit A Del Camino Junction Business Park P.U.D. Final Development Plan Amendment Conditions of Approval 3 RESOLUTION NO. oo-.3::J._ A RESOLUTION APPROVING A FINAL MINOR SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR THE FIRESTONE MAINTENANCE FACILITY. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Minor Subdivision Plat and Final Development Plan for the Firestone Maintenance Facility; and WHEREAS, all materials related to the proposed Final Minor Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone a properly noticed public Subdivision Plat and Final the Board of Trustees conditions; and Planning and Zoning Commission has held hearing on the proposed Final Minor Development Plan and has forwarded to a recommendation of approval, with WHEREAS, the Board of Trustees has duly considered the proposed Final Minor Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Minor Subdivision Plat and Final Development Plan for the Firestone Maintenance Facility should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Minor Subdivision Plat and Final Development Plan for the Firestone Maintenance Facility subject to the conditions set forth in Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this ~-t~ day of<!"~~ I 2000 • Mayor Pro-Tern 1 ATTEST: Cheri Anderson Town Clerk aset"l 06120/ 154 8/15: 4 8 I kmkJ F: \OFFICB\Fire:,tone\Subdiv\HaintFo.cil. re:,, wpd 2 • Exhibit A Firestone Maintenance Facility Final Minor Subdivision Plat and Final Development Plan Conditions of Approval 3 RESOLUTION NO. oo-.,3.S A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE BROOKS FARMS ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, two petitions for annexation of certain property to be known as the Brooks Farm Annexation, to be annexed in a series, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, July 27, 2000, at 7:30 P.M. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. 1 Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolut·ion, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, and ADOPTED this 13:-fh day of ~ Q n-e_, 2000. ATTEST: Cheri Anderson Town Clerk 060800/1211(sjl]F:\Users\Sam\WPDocs\Fireston\Brooks.res 2 ick Patterson ayor BROOKS FARM ADDITION EXHIBIT A Brooks Farm First Addition Legal Description of a tract of land being a portion of Lot B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of Section 6, Township 2 North, Range 67 West of the 6'h P.M. said County, and considering the West line of the Northwest Quarter of said Section 6 as bearing South 00°24'19" West and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09'' West 982.60 feet; thence South 14°11'19'' West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line South 87°20'55" East 393.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land·contains 4.344 acres more less. Page 6 of 6 . ' BROOKS FARM ADDITION EXHIBIT A Brooks Farm Second Addition Legal Description of a tract of land being a portion of Lots A and B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado and portions of Section 1, Township 2 North, Range 68 West, Section 6, Township 2 North, Range 67 West, Section 31, Township 3 North, Range 67 West, and Section 36, Township 3 North, Range 68 West of the 6 th Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of said Section 6 and considering the West line of the Northwest Quarter of said Section 6 as bearing North 00°24'19" East and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55" East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09" West 982.60 feet; thence South 14°11'19'' West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line North 87°20'55" West 808.67 feet to a point on the East right-of-way line of Weld County Road 13; thence along said East right-of-way line South 00°22'35" West 775.63 feet to a point on the North line of Oak Meadows P.U.D. Filing No. 1 to the Town of Firestone according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to the Northeast Corner of Firestone Development Annexation No. 2 according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to a point on the West right-of-way line of said Weld County Road 13; thence along said West right-of-way line North 00°22'35" East 773.26 feet; thence continuing along said West right-of-way line North 00°24'19" East 2692.74 feet to a point on the Northerly right-of-way line of Weld County Road No. 26; thence along said Northerly right-of- way line South 89°12'01" East 1301.07 feet; thence departing said Northerly right-of-way line and along the Northerly prolongation of the East line of said Lot B South 01°14'59'' West 30.00 feet to the Northeast Corner of said Lot B; thence continuing along said East line South 01°14'59" West 2701.16 feet to the TRUE POINT OF BEGINNING. The above described tract of land contains 76.446 acres more or less. Page 6 of 6 RESOLUTION NO. oo-Jt A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE MOUNTAIN SHADOWS ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, a petition for annexation of certain property to be known as the Mountain Shadows Annexation, has been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit consideration of the subject property for annexation and for zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petition, the legal description for which is attached hereto as Exhibit A and incorporated herein by reference, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under §31-12-107(2), C.R.S. Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject property, if requested in the petition, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, August 24th, at 7:30 P.M. 1 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation has been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject property to the Town of Firestone, and will pass one or more ordinances zoning the subject property if requested in the petition. I INTRODUCED, READ, '-..lone< , 2 o o o . ATTEST: Cheri Anderson Town Clerk and ADOPTED this 2 Rick Patterson ayor of EXHIBIT A -LEGAL DESCRIPTION: A parcel of land located in the Southeast Quarter (SEl/4) of Section One (1), Township Two North (T.2N.), Range Sixty-eight West (R.68W.) and the Southwest Quarter (SWl/4) of Section Six (6), Township Two North (T.2N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6 th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter Corner (El/4) of said Section 1 and assuming the East line of said SEl/4 to bear South 00°22'35" West with all bearings here in relative thereto: THENCE South 89°37'25" East a distance of 30.00 feet to the Easterly right-of-way of Weld County Road 13; THENCE South 00°22'35" West along said right-of-way a distance of 776. 77 feet; THENCE North 87 ° 20' 4 7" West a distance of 60. 05 feet to the Westerly right-of-way of said Weld County Road 13; THENCE South 00°22'35" West along said right-of-way a distance of 1949.96 feet to the Northerly right-of-way of Weld County Road 24; THENCE North 89°48'48" West along said right-of-way a distance of 1288.33 feet to the West line of the Southeast Quarter of said SEl/4; THENCE North 00°25'58" East along said line a distance of 1334.92 feet to the Southeast Sixteenth Corner of said Section 1; THENCE South 89°39'01" West along the South line of the Northwest Quarter of said SEl/4 a distance of 1316.84 feet to the Center South Sixteenth Corner of said Section 1; THENCE North 00°30' 11" East along the West line of Northwest Quarter of said SEl/4 a distance of 1352.56 feet the Center Quarter (Cl/4) of said Section 1; THENCE North 89°07'02" East along the North line of said SEl/4 a distance of 2631.39 feet to the POINT OF BEGINNING. Said parcel contains 122.228 acres more or less. 71000/10:42[kmk]F:\OFFICE\FIRESTONE\ANNEX\mountainshadows.res 3 RESOLUTION NO. oo-.Y1 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR TWO ANNEXATION PETITIONS FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE BROOKS FARMS ANNEXATION TO THE TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON. WHEREAS, two petitions for annexation of certain property to be known as the Brooks Farms Annexation, to be annexed in a series, have been filed with the Town Clerk of the Town of Firestone, Colorado, and referred to the Board of Trustees of the Town of Firestone for a determination of substantial compliance with applicable law; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The petitions, the legal descriptions for which are attached hereto as Exhibit A and incorporated herein by reference, are in substantial compliance with the applicable laws of the State of Colorado. Section 2.No election is required under §31-12-107(2), C.R.S. Section 3.No additional terms and conditions are to be imposed except any provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexations comply with §31-12-104, C.R.S. and with §31-12-105, C.R.S., and will hold a public hearing to determine the appropriate zoning of the subject properties, if requested in the petitions, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado 80520, on Thursday, August 24, 2000, at 7:30 P.M. Section S.Any person may appear at such hearing and present evidence relative to the proposed annexations, or the proposed zoning if requested in the petitions. 1 Section 6.Upon completion of the hearing, the Board of Trustees will set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7.If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado, the Board of Trustees may pass one or more ordinances annexing the subject properties to the Town of Firestone, and will pass one or more ordinances zoning the subject properties if requested in the petitions. Section a.Resolution No. 00-35 is hereby repealed. ATTEST: C eri n erson Town Clerk and ADOPTED ayor 071000/1124(sjl]F:\OFFICE\Firestone\Annex\BrooksFarm.res 2 this day of EXHBIT A LEGAL DESCRIPTION Proposed Brooks Farms First Addition: Legal Description of a tract of land being a portion of Lot B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of Section 6, Township 2 North, Range 67 West of the 6 th P.M. said County, and considering the West line of the Northwest Quarter of said Section 6 as bearing South 00°24 '19" West and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87°20'55'' East 1231.74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08°53'09'' West 982.60 feet; thence South 14°11'19'' West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line South 87°20'55" East 393.05 feet to the TRUE POINT OF BEGINNING. The above described parcel of land contains 4.344 acres more less; And Proposed Brooks Farms First Addition: Legal Description of a tract of land being a portion of Lots A and B of the Recorded Exemption No. 1311-06-2-1708 according to the plat on file in the office of the Clerk and Recorder, County of Weld, State of Colorado and portions of Section 1, Township 2 North, Range 68 West, Section 6, Township 2 North, Range 67 West, Section 31, Township 3 North, Range 67 West, and Section 36, Township 3 North, Range 68 West of the 6 th Principal Meridian, Weld County, Colorado being more particularly described as follows: Beginning at the West One Quarter Corner of said Section 6 and considering the West line of the Northwest Quarter of said Section 6 as bearing North 00°24'19'' East and with all bearings contained herein relative thereto; thence along the South line of the Northwest Quarter of said Section 6 South 87 ° 20' 55" East 1231. 74 feet to the Southeast Corner of said Lot B; said point also being the TRUE POINT OF BEGINNING; thence North 08 ° 53' 09" West 982.60 feet; thence South 14°11'19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Section 6; thence along said South line North 87°20'55" West 808.67 feet to a point on the East right-of-way line of Weld County Road 13; thence along said East right-of-way line South 00°22 '35" West 775.63 feet to a point on the North line of Oak Meadows P.U.D. Filing No. 1 to the Town of Firestone according to the plat on 3 • I file in the office of the Clerk and Recorder said County; thence along said North line North 87 ° 20' 4 7" West 30. 02 feet to the Northeast Corner of Firestone Development Annexation No. 2 according to the plat on file in the office of the Clerk and Recorder said County; thence along said North line North 87°20'47" West 30.02 feet to a point on the West right-of-way line of said Weld County Road 13; thence along said West right- of-way line North 00°22'35" East 773.26 feet; thence continuing along said West right-of-way line North 00°24' 19" East 2692. 74 feet to a point on the Northerly right-of-way line of Weld County Road No. 26; thence along said Northerly right-of-way line South 89°12'01'' East· 1301.07 feet; thence departing said Northerly right-of-way line and along the Northerly prolongation of the East line of said Lot B South 01 °14' 59" West 30. 00 feet to the Northeast Corner of said Lot B; thence continuing along said East line South 01 ° 14' 59" West 2701.16 feet to the TRUE POINT OF BEGINNING. The above described tract of land contains 76. 4 4 6 acres more or less. 4 RESOLUTION NO. ,/J/, fy' A RESOLUTION EXPRESSING THE SUPPORT OF THE TOWN OF FIRESTONE FOR THE WELD COUNTY LAND PRESERVATION PROGRAM. WHEREAS, the Board of Trustees of the Town of Firestone has been advised that signatures are currently being collected to show support to the Weld County Commissioners to place on the November 2000 ballot the issue of an additional one- quarter cent sales and use tax to be used exclusively for land preservation in Weld County, specifically including agricultural land, natural areas, and wildlife habitat; and WHRERAS, the Board of Trustees has traditionally supported land preservation for the purposes of providing open land between communities and, generally, to enhance the quality oflife in the Town of Firestone and the surrounding areas of Weld County, and WHEREAS, the Board of Trustees finds that the creation of the proposed Weld County Land Preservation Fund, using the proceeds from the taxes proposed, is an appropriate vehicle for the preservation ofland; and WHEREAS, the Board of Trustees approves the philosophical direction of the Weld County Land Preservation Program which is to preserve land through the purchase of property, or the acquisition of conservation easements through a "willing buyer-willing seller" basis, rather than through eminent domain; and WHEREAS, the Board of Trustees believes that the citizens of Weld County, through a referred measure from the Weld County Commissioners, should be afforded the opportunity to decide whether or not the Weld County Land Preservation Program should be adopted; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Section 2. That the Board of Trustees approves the Concept of the Weld County Land Preservation Program. That the Town Administrator is authorized to transmit copies of this Resolution to the proponents of the Weld County Land Preservation Program, Weld County Government, and the Weld County Commissioners, evidencing the Town of Firestone's support for the Weld County Land Preservation Program. INTRODUCED, READ, and ADOPTED this I 3~ay of -Jo"e_ 2000. ~ Rick Patterson, Mayor ATTEST: Cheri Anderson, Town Clerk RESOLUTION NO. CX)-2,') A RESOLUTION APPROVING AND ADOPTING A REVISED FORM OF DEVELOPMENT COST AGREEMENT AND FUNDS DEPOSIT AGREEMENT WHEREAS, as part of its development review process, the Town requires the landowner to enter into a cost agreement and funds deposit agreement whereby the landowner agrees to reimburse the Town for costs incurred with respect to processing of the landowner's development requests; and WHEREAS, the Town Board desires to approve a new form of cost agreement and funds deposit agreement, and finds that the revised form of agreements will help increase the efficiency of the Town's development review processes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby approves the form of Cost Agreement and Funds Deposit Agreement attached hereto and incorporated herein by this reference. Section 2. The Mayor is hereby authorized to execute such agreements on behalf of the Board of Trustees of the Town of Firestone. The Mayor is hereby further authorized to approve such revisions to the agreements as the Mayor determines are consistent with the interests of the Town, so long as such revisions do not alter the essential terms and conditions of the agreements. INTRODUCED, READ, and ADOPTED this __ ____,.._____\=u~tYy'--------' 2000. day of TOWN OF FIRESTONE, COLORADO Attest: Cheri Anderson Town Clerk ...!!!l!ll!l!~lill,~ Rick Patterson yor 072S00/1744[sjl]F:\Users\Sam\WPDocs\Fireston\DevRegsl.res COST AGREEMENT THIS AGREEMENT is made by and between --,---,--,-----,=-----=---=-,----,---("Landowner") and the Town of Firestone, Colorado, a Colorado municipal corporation ("Firestone"). RECITALS: A. Landowner and Firestone have been discussing Landowner's request concerning certain development activities for certain property owned by Landowner ("the Property") , as set forth on Exhibit A, attached hereto and incorporated herein. B. The parties recognize that Landowner's request will place an extraordinary burden on the resources of Firestone, and that this Agreement will facilitate Firestone's ability to evaluate and process Landowner's request in a timely fashion, and accordingly, the parties recognize that this Agreement will be mutually beneficial. C. The parties desire to provide for a method by which Landowner will help offset the burden placed on the resources of Firestone by Landowner's request. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the parties do hereby stipulate and agree as follows: 1. Consultant and Other Costs. Firestone has retained, or will retain, the services of certain consultants, including planners, engineers, and attorneys, to assist it in evaluating Landowner's request and to assist it in negotiations; reviews of maps, plans and other documents; drafting of reports, notices and other documents; consultation, and advice. In addition to these consultant costs, Firestone also will incur certain other related costs, including but not limited to legal publication costs and administrative costs. Estimates of the costs related to each type of land use request are set forth on Exhibit A. 2. Funds Deposit. At the time of execution of this Agreement, Landowner agrees to deposit with the Town the sum of $~~~--=--' which is equal to the estimated costs shown in Exhibit A for the land use request of Landowner. This deposit, and any additional amounts deposited with the Town pursuant to this Agreement, shall be used to pay the costs provided for in paragraph 1 above as they become due, in accordance with the Funds Deposit Agreement attached hereto and incorporated herein as Exhibit B. If the deposit is depleted prior to the completion of the review, Landowner shall promptly deposit additional monies with the Town in a mutually agreeable amount. The parties understand and agree that 1 the amount deposited with the Town is an estimate of costs only, and that Landowner shall promptly pay the costs provided for in Paragraph 1 through the initial deposit and additional deposits, if necessary. If such additional monies are not deposited when necessary, suspension or termination of work on the request may result until such time as the additional monies are deposited. Additional funds shall be deposited as necessary to cover outstanding balances prior to the recording of any approved final documents. Additionally, if a negative balance exists at any time and additional funds are not deposited within 15 days after written notice from the Town, then a five percent (5%) penalty shall be added to such balance and such balance shall bear interest at the rate of one and one-half percent per month. If at any time negotiations on the request terminate, then any monies deposited by Landowner and remaining after payment of the costs incurred by Firestone shall be refunded to Landowner. 3. No Acquired Rights. Landowner agrees that it does not acquire any rights by virtue of the negotiations or work on the matters contemplated herein, until and unless the Town grants any and all approvals required by law. Any and all negotiations and work concerning the Landowner's request concerning the Property shall be final only upon approval by the appropriate actions of the Town Board of Firestone and other governmental entities having jurisdiction, upon the completion of appropriate actions of Landowner, and upon expiration of any applicable time periods required for finality under law. 4. Miscellaneous. (a) In the event of any litigation arising from this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and court costs. (b) This Agreement supersedes all prior negotiations between the parties concerning matters addressed herein. (c) This Agreement shall not be modified except in writing executed by each of the parties. This Agreement is executed effective this , 200 ------- THE TOWN OF FIRESTONE, a municipal corporation By: Its: 2 day of ATTEST: Town Clerk STATE OF COLORADO COUNTY OF LANDOWNER: ------------- By: ~----------------Title: ---------------- ss The above and foregoing signature of was subscribed under oath before me this 200 day of _____ _ Witness my hand and official seal. Notary Public My commission expires ------------ 3 EXHIBIT A COST ESTIMATE -TECHNICAL REVIEW AND PUBLICATION Type of Application (Check All That Apply) Initial Deposit Amount: Annexation: $3,500.00 Initial Zoning and Outline Development Plan: $2,000.00 Rezoning/Outline Development Plan Amendment: $2,000.00 Special Use Permit (Other than Oil & Gas): $1,500.00 Preliminary Development Plan: $2,000.00 Final Development Plan: $2,000.00 Subdivision Preliminary Plat: $1,800.00 Subdivision Final Plat: $3,000.00 Minor Subdivision: $1,000.00 Vacation of Easement/Right-of-Way: $500.00 Access Permit: $500.00 TOTAL COST ESTIMATE: (Enter this total amount in blanks on Page 1, Section 2 and Page 5, Section A) 4 EXHIBIT B FUNDS DEPOSIT AGREEMENT A. The undersigned Landowner and The Town of Firestone hereby deposit with Firestone, the following which is to be held and disbursed by Firestone subject to the terms and conditions hereof: Check written upon the Account of Landowner, in the amount of $_~~~~-~-• payable to "Town of Firestone", and such additional funds as may be deposited subsequently (all such funds are referred to herein as the ''deposited funds''). B. The deposited funds shall be subject to the following instructions: 1. Firestone shall place separate checking account in its bank requirements of these instructions. the deposited funds in a subject to the terms and 2. Upon Firestone's receipt of a billing authorized pursuant to the "Cost Agreement" between Landowner and Firestone, Firestone shall promptly submit a copy thereof to Landowner. Backup documentation for each billing shall be furnished to the Landowner upon request. Upon approval of the billing by Landowner, Firestone shall disburse moneys, from the deposited funds, in payment of such billing. The Landowner's failure to respond to the billing, within 15 days after the date the billing is submitted to the Landowner by the Town, shall constitute approval to make the disbursement. 3. Any amounts remaining in the following completion or termination of the work to Landowner, and all parties shall be relieved liability with regard to this Agreement. deposited funds shall be returned from any further 4. This Agreement may be altered, amended, modified or revoked only in writing signed by all parties hereto. The Town agrees to hold the deposited funds described above under the specific terms and conditions of this Agreement. 5. This Agreement shall bind and inure to the benefit of the parties hereto, their heirs, personal representatives, successors and assigns. 6. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 5 WHEREFORE, this Funds Deposit Agreement is executed effective this ____ day of ______ , 200 LANDOWNER: ____________ _ By: Tit~l-e-,---------------- STATE OF COLORADO COUNTY OF ss The above and foregoing signature of subscribed under oath before me this ___ day of 200 Witness my hand and official seal. Notary Public My commission expires ------------- THE TOWN OF FIRESTONE, a municipal corporation By: Its: ATTEST: Town Clerk 072500/1706(sjl)F:\Users\Sam\WPDocs\Fireston\Reimburs.agm 6 was ,, " 0~22/00 14:21 FAX 3032981627 GRIFFITHS TANOUE & LIGHT ➔ FIRESTONE 141002 RESOLUTION NO. 00-.::/fJ.. A RESOLUTION APPROVING A FINAL DEVELOPMENT PLAN FOR AN OFFICE BUILDING, LOT 2, BLOCK 2, DEL CAMINO JUNCTION BUSINESS PARK P.U.D. WHEREAS, there has been submitted to the Board of Trustees of the rown of Firestone a request for approval of a Final Development Plan for an office building located on Lot 2, Block 2, Del Camino Junction Business Park P.U.D.; and WHEREAS, all materials related to the proposed Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and · ---------WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Development Plan for an office building on Lot 2, Block 2, Del Camino Junction Business Park P.U.D. should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Development Plan for an office building for Lot 2, Block 2, Del Camino Junction Business Park P.U.D., subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED thi~~ay of A:5~± , 2000. ATTEST: QhM (]MA~v Cheri Andersen Town Clerk '\ow,v· J~~:;---z;:~§§§~~- SB AL Rick Patterson Mayor ,· Legal Description EXHIBIT A Final Development Plan Conditions of Approval I. A legal description for the FDP boundary needs to be provided. 2. The sites main entrance is a shared entrance with Lot I, the adjacent lot to the west. A common access easement encumbering Lots I and 2 should be recorded prior to the FDP being recorded. Title Commitment 3. The title commitment submitted is dated February 25, 2000, and shows that the owner of the lot is Del Camino Junction Development, Inc. A current title commitment needs to be provided. Landscape Plan 4. A detail of the proposed tenant identification sign should be shown. 5. The parking lot landscaping needs to be consistent with the Uniform Baseline Standards. 6. Foundation plantings should be identified on the Landscape Plan. Architecture 7. Provide exterior material samples for review and approval. Grading and Utility Plans 8. Additional detail needs to be provided including: potable water service connections, additional proposed grading (including spot elevations) is necessary for the parking lot, proposed drainage features, curb and gutter locations, proposed conveyance facilities that will get storm runoff from the site into the existing drainage channel. A provision for containing sediments on the site needs to be included. The plan also needs to show how runoff from Lot I will be conveyed across this site. These proposed improvements need be designed by a professional engineer licensed in the State of Colorado. To avoid crowding, this information should be on separate sheets, as necessary. 2 Final Drainage Report 9. A final drainage report for this site needs to be submitted. The report needs to show that the site development complies with the master drainage report prepared for this site by Tuttle Applegate. The report needs to show developed hydrology and compare that with the master report to ensure that no on site detention is necessary. The report shall also need to provide design and analysis of proposed interception and conveyance facilities that will safely convey runoff to the street and/or the existing drainage channel. These facilities need to be designed to safely convey the I 00-yr event storm runoff without damaging offsite property or facilities and without inundating the building on the site. To the extent that this information can be organized and presented succinctly, the report can be in the form of a letter with attached exhibits and supporting calculations. Water Service I 0. The water dedication requirements set forth in Section 15 of the Annexation Agreement shall be met prior to approval of a water tap and issuance of a building permit, as further set forth in that Section. 8/21/2000/8:02PM(sjl)F:~OFFICE\Fircstone\Subdiv\DiamondGBoard.res 3 'i 08.'22/00 16:26 FAX 3032981627 GRIFFITHS TANOUE & LIGHT ➔ FIRESTONE 141002 RESOLUTION NO. oo-_:U_ A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND FINAL DEVELOPMENT PLAN FOR ST. VRAIN RANCH SUBDIVISION, FILING III. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of a Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision, Filing ill; and WHEREAS, all materials related to the proposed Final Subdivision Plat and Final Development Plan have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing on the proposed Final Subdivision Plat and Final Development Plan and has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed Final Subdivision Plat and Final Development Plan, and has held a properly noticed public hearing on the application; and WHEREAS, the Board of Trustees finds that the proposed Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision FiHng rr:i should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Final Subdivision Plat and Final Development Plan for St. Vrain Ranch Subdivision, Filing ill, subject to conditions set forth on Exhibit A attached hereto and incorporated herein by reference. INTRODUCED, READ, and ADOPTED this~ day of A5~±--, 2000. ayor ATTEST: • Final Plat EXHIBIT A Final Subdivision Plat and Final Development Plan Conditions of Approval 1) Provide written confirmation that Central Weld County Water District is acceptable to having the drainage easement shown over their water line easement along Frontier Street. 2) Ferncrest Street is misspelled. 3) The gas pipeline easement in Farmdale must be vacated by separate instrument (with recording information included on this plat) prior to recording of the plat. Also, the existing gas line must be removed. It cannot be abandoned in place within the Right- of-Way. 4) Prior to Town execution and recording of the Final Plat, Subdivider and the Town shall execute and record a Subdivision Agreement in a form acceptable to Subdivider and the Town. 5) Prior to Town execution and recording of the Final Plat, Subdivider shall transfer to the Town, free and clear of all liens and encumbrances, the required number of shares of CBT water for the Subdivision. 6) At the time of recording of the Final Plat, Subdivider shall convey to the Town by special warranty deed Tracts C, G and H, free and clear of all liens and encumbrances. FOP 7) See all notes on Final Plat and adjust plan accordingly, especially note the street name comments. 8) Remove the reference in the Landscaping section the would allow for wood fencing and also make such changes to the fence details. 9) Add minimum building setback lines from Frontier Street and Sable Avenue pursuant to the Uniform Baseline Standards. I 0) The Land Use table needs to be modified to reflect the tract dedications noted on the plat and plat comments. The land use table needs to properly reflect public land dedications for this filing and previous filings. Public land dedication is a percentage of the total subdivided area and only Tracts C and G qualify for this Filing. 11) Lots 1-13 Block I and Lots 1-12 Block 2 need to be re-addressed for Silverleaf Avenue. Also, Lots 7-10 Block 10 and Lots 7-13 Block 11 need to be re-addressed for Saddleback 2 .. • Avenue. Both the addressing table and the lot addresses need to be changed. 12) The Landscape and Irrigation Plan needs to provide more detail regarding the cobble stone areas in Tracts D, I, and J. A weed barrier is needed and the detail needs to show the thickness of the cobble layer. 13) Add a note that the Town will not be responsible for weed control in the cobbled areas of the Right-of-Way as it is the responsibility of the HOA. 14) The access to Tract D must be concrete or asphalt pavement. Gravel drives are not permitted. The gates at the access points must open in so that vehicles are not blocking the street during ingress or egress. 15) A typical landscaping plan shall be prepared for the residential lots that back up to Frontier Street and Sable Avenue. 16) The Subdivider shall install a 2-rail PVC fence along the length of the Park/Open Space area where it adjoins Frontier Street. 17) The Subdivider shall utilize a temporary sprinkler system to fully establish the dryland grass mixture used to vegetate the Park/Open Space area. 18) As necessary, the Subdivider shall install fencing along the north end of the Park/Open Space area, consistent with the US Home development fencing. 19) The Subdivider shall install I tree every 40-feet within the Park/Open Space area along Frontier Street and provide a permanent irrigation system to water them. 20) The actual number of lots shall be shown consistently on both the Plat and FOP. 21) Fix the typo "above" in the note for the wall elevation section of the FOP. 22) Subdivider shall install five-foot, PVC privacy fencing along the rear lot lines of all lots sharing common lot lines with lots in the Ridge Crest Subdivision. This requirement shall not apply to Tract C or require an additional fence in those locations where a fence of the same type has already been installed as part of the Ridge Crest development and is in place at the time of issuance of a certificate of occupancy for the St. Vrain lot. Construction Plans and Technical Reports 23) Construction Plans and associated technical reports need to be resubmitted. 8/30/2000/ 3 :3 I PM [ s jl] F:~OFFIC E\Firestone\Subd iv\St V rainFil i ng3 Board.res 3