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HomeMy WebLinkAbout1998-2002ORDINANCE NO. 4�4,0' AN ORDINANCE CALLING A SPECIAL ELECTION FOR NOVEMBER 3, 1998, TO BE CONDUCTED AS A COORDINATED ELECTION, TO REFER ONE .OR MORE BALLOT ISSUES TO A VOTE OF THE REGISTERED ELECTORS OF THE TOWN, AND ELECTING TO UTILIZE THE REQUIREMENTS OF THE UNIFORM ELECTION CODE OF 1992. WHEREAS, the Board of Trustees finds it is in the best interest of the Town of Firestone to call a special election for November 3, 1998, to be conducted as a coordinated election, and refer one or more ballot issues to a vote of the registered electors of the Town at such special municipal election. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. A special municipal election is hereby called to be held on November 3, 1998. f9ection Z. The November 3, 1998, special municipal election shall be.conducted as part of a coordinated election. Pursuant to Section 31-10-102.7 of the Colorado Municipal Election Code of 1965, the.Town will utilize the requirements and procedures of the Uniform Election Code of 1992 in lieu of the Colorado Municipal Election Code of 1965 for the conduct of the special election. Section 3. One or more ballot issues will be referred to the registered electors of the Town and appear on the ballot'of the Town of Firestone special municipal election to be held on November 3, 1998. The wording of the ballot issue(s) shall be provided by resolution of the Firestone Board of Trustees prior to any deadline for adoption. Section 4. The officers and employees of the Town are hereby authorized and directed to take all necessary and appropriate action to effectuate the provisions of this ordinance in accordance with Colorado law. Section 5. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. This ordinance calling for a special election shall take effect upon adoption and signing by the Mayor if approved by three -fourths of the members of the Board of Trustees. 1 a INTRODUCED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 1 1998. TOWN OF FIRESTONE, COLORADO T.L. Peterson Town Clerk 081098/1502[sjl]c:Fireaton\El6ct98.ord 4 tterson aybi, to 0 G ORDINANCE NO. I r AN ORDINANCE RENUMBERING TOWN OF FIRESTONE ORDINANCE NOS. 388 AND 389 AS, RESPECTIVELY, ORDINANCES NOS. 398 AND 399. WHEREAS, the Board of Trustees of the Town of Firestone on March 26, 1998, passed ordinance No. 388, entitled "An Ordinance Approving an Annexation Known as The Shores Annexation to the Town of Firestone, Colorado," and Ordinance No. 389, entitled "An Ordinance zoning Property Annexed to the Town of Firestone and Known as The Shores Annexation"; and WHEREAS, Ordinance Nos. 388 and 389 were duly published; and .WHEREAS, Ordinance Nos. 388 and 389 were incorrectly numbered and must be renumbered. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ordinance No. 388, adopted March 26, 1998, and entitled "An Ordinance Approving an Annexation Known as The Shores Annexation to the Town of Firestone, Colorado," is hereby renumbered as Ordinance No. 398. Section 2. Ordinance No. 389, adopted March 26, 1998, And entitled "An Ordinance zoning Property Annexed to the Town of Firestone and Known as The Shores Annexation," is hereby renumbered as Ordinance No. 399. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODU M READ, TED, PPROVED, AND ORDERED PUBLISHED IN FULL this day of , 1998. G May Attest: 080798/1624[sjl]c:Firestone\Mumbere.ord OF FIRESTONE, COLORADO tterson ORDINANCE NO.410 AN ORDINANCE CONCERNING REQUIREMENTS FOR EXCAVATIONS MADE IN THE PUBLIC WAY WHEREAS, the Town is authorized by state statutes, including but not limited to C.R.S. section 31-15-702, to regulate the opening of and encroachments and obstructions upon streets, alleys, sidewalks, and other public places and ways; and WHEREAS, the Town Board of Trustees finds it is in the best interest of the Town and its citizens to amend Chapter 12.08 of the Firestone Town Code, concerning excavations in streets and other public places. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 12.08 of the Firestone Municipal Code is amended to read as follows (words to be added are CAPITALIZED; words to be deleted are stricken through.): Chapter 12.08 STREET EXCAVATIONS Sections: 12.08.010 Permit --Required. 12.08.020 Permit --Application. 12.08.030 Application --Deposit. 12.08.035 WARRANTY. 12.08.040 Permit, insurance and indemnification required. 12.08.050 Permit --Fee 12.08.060 Annual permit for public utilities. 12.08.070 Supervision. 12.08.075 RESPONSIBILITIES OF PERSONS WORKING IN THE PUBLIC WAY. 12.08.080 Barricades and lights required. 12.08.085 TRAFFIC CONTROL AND ACCESS. 12.08.090 INSPECTIONS. 12.08.095$Paving to be restored. 12.08.010 Permit --Required. A. It is unlawful for any person other than an officer or an employee of the town ACTING in the course of h±-� employment to make or cause or permit to be made B2698/09:57[kmk]C:\MyFiles\firestone\StreetCut.wpd 1 any excavation or opening in or under the surface of any street, alley, sidewalk or other public place OR WAY, OR LEAVE UPON ANY SUCH AREA ANY EARTH OR OTHER EXCAVATED MATERIAL OBSTRUCTING OR TENDING TO INTERFERE WITH THE FREE USE OF ANY STREET, ALLEY, SIDEWALK OR OTHER PUBLIC PLACE OR WAY, without first obtaining a permit therefor AS PROVIDED IN THIS CHAPTER, or to make any such excavations in any manner which does not comply with the permit issued therefor. B. The sole exception to this requirement shall be in the case of an emergency, defined as a serious happening or situation endangering life, health or property, which needs prompt attention. In the event of an emergency, a permit must be obtained at the first possible opportunity, defined as the beginning of the next occurring regular business day. C. A CURRENT PERMIT SHALL BE KEPT AT THE DESCRIBED SITE WHILE THE WORK IS IN PROGRESS AND SHALL BE EXHIBITED UPON REQUEST OF ANY POLICE OFFICER OR AUTHORIZED REPRESENTATIVE OF THE TOWN. NO PERMIT SHALL BE EFFECTIVE UNTIL SIGNED AND DATED BY THE TOWN ADMINISTRATOR. 12.08.020 Permit --Application. Any person desiring a permit to excavate OR PLACE MATERIAL in any street, alley, tr sidewalk OR OTHER PUBLIC PLACE OR WAY area shall make application therefor to the town clerk upon FORMS biunks furnished for that purpose at least TWO WORKING DAYS, NOT INCLUDING HOLIDAYS OR WEEKENDS, twenty— four hours before the time set for beginning the proposed work. NO APPLICATION SHALL BE ACCEPTED OR ACTED UPON UNLESS THE APPLICATION FORM IS COMPLETE AND IS ACCOMPANIED BY SUCH ADDITIONAL APPLICATION INFORMATION AND MATERIALS AS MAY BE REQUIRED BY THE TOWN, WHICH ADDITIONAL INFORMATION MAY INCLUDE, BY WAY OF EXAMPLE AND NOT LIMITATION, PLANS AND SPECIFICATION FOR THE WORK, A TRAFFIC CONTROL PLAN, DRAINAGE REPORTS AND SOILS REPORTS. 12.08.030 CASH Deposit OR BOND REQUIRED. A. Before a permit for excavation is issued, the town clerk shall require that the applicant pay the town clerk a CASH deposit of such sum of money as shall be deemed by the commissioner of streets sufficient to cover and pay all the expenses for making inspection and furnishing such material, doing such work, and taking such means as shall be required properly to restore and secure against settlement of street and sidewalk, pavement, curb and gutter necessary to be replaced in consequence of making such an excavation, opening or disturbance. B. IN LIEU OF THE CASH DEPOSIT REQUIRED BY SUBSECTION (A), THE APPLICANT MAY DEPOSIT WITH THE TOWN CLERK A SURETY BOND OR LETTER OF CREDIT WHICH SHALL ACCOMPLISH THE SAME -PURPOSES AS THE CASH DEPOSIT. SUCH SURETY BOND OR LETTER OF CREDIT MUST BE: 1.WITH GOOD AND SUFFICIENT SURETY OR FINANCIAL INSTITUTION; 82698/09:57[k7nk]C:\MyFile5\firestone�StreetCut.wpd 2 2. BY A SURETY COMPANY OR FINANCIAL INSTITUTION AUTHORIZED TO TRANSACT BUSINESS IN THE STATE; AND 3. SATISFACTORY TO THE TOWN ATTORNEY IN FORM AND SUBSTANCE. CB. Should the applicant not properly restore, replace and repair the excavated area in the sole discretion of the commissioner of streets OR TOWN ADMINISTRATOR, the CASH deposit, BOND OR LETTER OF CREDIT so collected shall be forfeited TO f-o-r the town FOR the purpose of paying for such restoration, replacement and repair. After the expenses and costs of such restoration, replacement and repair by the town have been determined, AND SUBJECT TO THE WARRANTY PROVISIONS CONTAINED IN THIS CHAPTER, any excess deposit shall be returned to the applicant. However, any public utility to which a yearly or specific permit has been issued pursuant to this code, in lieu of making such deposit, shall pay the fees, post bonds and provide the securities required by this code. 12.08.035 WARRANTY. A. BY ACCEPTANCE OF A PERMIT, THE PERMIT HOLDER EXPRESSLY WARRANTS AND GUARANTEES COMPLETE PERFORMANCE OF THE WORK IN A MANNER ACCEPTABLE TO THE TOWN AND WARRANTS AND GUARANTEES ALL WORK DONE UNDER THE PERMIT FOR A PERIOD OF ONE (1) YEAR AFTER THE DATE OF ACCEPTANCE. THE DATE OF ACCEPTANCE SHALL BE THE DATE THAT THE WARRANTY PERIOD BEGINS TO RUN, AND SHALL BE THE DATE THAT THE TOWN PROVIDES WRITTEN NOTICE OF ACCEPTANCE OF THE WORK, SUBJECT TO THE WARRANTY PROVISIONS HEREOF. DURING THE WARRANTY PERIOD, THE PERMIT HOLDER SHALL AT ITS EXPENSE TAKE ALL ACTIONS NECESSARY TO MAINTAIN THE WORK AND MAKE ALL NEEDED REPAIRS AND REPLACEMENTS WHICH, IN THE REASONABLE OPINION OF THE TOWN, SHALL BECOME NECESSARY. THE WARRANTY SHALL INCLUDE ALL MAINTENANCE, REPAIRS AND REPLACEMENTS NEEDED AS A RESULT OF, BY WAY OF EXAMPLE AND NOT LIMITATION, THE FOLLOWING: DEFECTS IN WORKMANSHIP, SETTLING OF FILLS OR EXCAVATIONS, ANY UNAUTHORIZED DEVIATIONS FROM APPROVED PLANS AND SPECIFICATIONS, FAILURE TO BARRICADE, FAILURE TO CLEAN UP OR RESTORE THE SITE DURING OR AFTER PERFORMANCE OF THE WORK, OR ANY OTHER VIOLATION OF THIS CHAPTER OR OTHER ORDINANCES OF THE TOWN. ANY MAINTENANCE, REPAIRS OR REPLACEMENTS MADE DURING THE WARRANTY PERIOD SHALL BE SUBJECT TO ACCEPTANCE BY THE TOWN, AND SHALL BE SUBJECT TO THE WARRANTY AND GUARANTEE PROVISIONS OF THIS CHAPTER. THE -WARRANTY ON ANY MAINTENANCE, REPAIRS OR REPLACEMENTS SHALL COMMENCE ON THE DATE OF TOWN ACCEPTANCE OF THE MAINTENANCE, REPAIR OR REPLACEMENT WORK. B. UPON ISSUANCE OF THE TOWN'S WRITTEN NOTICE OF ACCEPTANCE OF THE WORK, THE CASH DEPOSIT, BOND OR LETTER OF CREDIT DEPOSITED WITH THE TOWN SHALL, UPON REQUEST OF THE PERMIT HOLDER, BE REDUCED TO FIFTEEN PERCENT (150) OF ITS TOTAL ORIGINAL AMOUNT, AND SUCH REDUCED CASH, BOND OR LETTER OF CREDIT SHALL REMAIN ON DEPOSIT UNTIL THE WARRANTY PERIOD HAS EXPIRED AND UNTIL THE PERMIT HOLDER HAS REQUESTED RETURN OF THE REMAINING AMOUNT ON DEPOSIT. IN THE 82698/09:57[kmk]C:\MyFiles\firestone\5treetCut.wpd 3 EVENT A PERMIT HOLDER DOES NOT REQUEST RETURN OF ANY AMOUNT ON DEPOSIT WITHIN ONE YEAR AFTER THE DATE ON WHICH THE AMOUNT ON DEPOSIT BECAME DISTRIBUTABLE, SUCH AMOUNT SHALL BE DEEMED UNCLAIMED PROPERTY SUBJECT TO THE PROVISIONS OF CHAPTER 2.50 OF THIS CODE. 12.08.040 �t7—, Insurance and indemnification required. A. Each applicant for a permit for excavating must (A) have or obtain a Category B excavating license, as provided for in this code, current for all times for which the permit is sought; or (B) furnish, with THE errs application for an excavation permit, proof of insurance, current for all times for which the permit is sought, providing for the following minimum coverage: worker's compensation insurance, public liability insurance coverage not less than two hundred fifty thousand dollars for injury or death to more than one person, not less than five hundred thousand dollars for injury or death to more than one person in a single accident or event, and public property damage insurance not less than one hundred twenty- five thousand dollars for damages to or destruction of property for any one accident. The applicant must keep current the license or insurance at all times for which the permit is issued and must file with the town clerk a certificate signed by a qualified agent of an insurance company evidencing the existence of valid and effective policies and worker's compensation and public liability and property damage insurance as required above naming the town as an additional insured, the limits of each policy, the policy number, the name of the insurer, the effective date and the expiration date of each policy, and a copy of an endorsement placed on each policy requiring ten days' notice by mail to the town clerk before the insurer may cancel the policy for any reason. Nothing in this section shall be construed to be a waiver of the town, its officers, employee or agents, of THE MONETARY LIMITATIONS OR ANY OTHER RIGHTS, immunitIES, ANY OTHER PROTECTIONS PROVIDED BY THE COLORADO GOVERNMENTAL IMMUNITY ACT, C.R.S. 24-10-1.01 ET. Ste., AS AMENDED FROM TIME TO TIME, OR OTHERWISE AVAILABLE TO THE TOWN, ITS OFFICERS OR ITS EMPLOYEES. Further, each app±icant must . _y -� ". Wv . "� t., vuii ✓✓ivai i.v uti. . vi ,negiigence of any person or entiley making such excavations. B. BY ACCEPTANCE OF A PERMIT, THE PERMIT HOLDER AGREES TO INDEMNIFY AND SAVE HARMLESS THE TOWN, ITS OFFICERS, EMPLOYEES AND AGENTS, AGAINST AND FROM ANY AND ALL DAMAGES AND CLAIMS FOR DAMAGES, LOSS, COSTS, CHARGES OR EXPENSES THAT MAY BE BROUGHT AGAINST THE TOWN BY ANY PERSON OR ENTITY FOR OR ON ACCOUNT OF INJURY TO PERSONS OR PROPERTY RESULTING FROM OR OCCASIONED BY REASON OF THE ACT, OMISSION OR OTHER FAULT OF ANY PERSON OR ENTITY MAKING SUCH EXCAVATIONS OR OTHERWISE ACTING UNDER SUCH PERMIT, 82698/09:57[kmk]C-1MyBilesltirestone\5treetCUt.wpd 4 INCLUDING EXCAVATION OR BACKFILL OF UNDERGROUND STRUCTURES OR FAILURE TO REPAIR STREET SURFACES AS HEREIN PROVIDED. BY ACCEPTANCE OF A PERMIT, THE PERMIT HOLDER FURTHER AGREES TO HOLD HARMLESS THE TOWN, ITS OFFICERS, EMPLOYEES AND AGENTS, FROM LIABILITY FOR INJURY TO PERSONS OR DAMAGE TO PROPERTY RESULTING FROM THE INADEQUACY OF BARRICADES, LIGHTS OR OTHER PROPER WARNING DEVICES. IN THOSE INSTANCES WHERE INDEMNIFICATION IS PRECLUDED BY LAW, THE ENTITY PERFORMING WORK PROVIDED HEREUNDER SHALL BE RESPONSIBLE FOR ITS OWN, OR ITS CONTRACTOR'S OR AGENT'S, ACTS OR OMISSIONS. 12.08.050 Permit --Fee. A APPLICATION fee of fifty dollars shall be charged for the issuance of each excavation permit. 12.08.060 Annual permit for public utilities. Any public utility operating under the jurisdiction and control of the Colorado Public Utilities Commission, upon written application made upon a form provided for that purpose, and upon filing an annual bond and the payment of an annual fee, the amount of each of which may be set by the board of trustees from time to time BY RESOLUTION and specified in written town policy, shall be granted a permit under the provisions hereof for the installation, maintenance or repair of any public utility installations in the public streets, good for a period of one year from the date thereof. Every such utility performing any construction work thereunder, at the end of each week or whenever required by the commissioner of streets OR THE TOWN ADMINISTRATOR, shall file a written report showing all construction work performed by it within the town during such period under the provisions of such permit. Such annual permit shall not authorize any opening in any concrete, asphalt or other permanent pavement without the specific permission of the commissioner of streets OR TOWN ADMINISTRATOR in each case, but it shall relate only to the payment of the fee. 12.08.070 Supervision. All excavations for which permits are issued shall be supervised by the commissioner of streets, TOWN ADMINISTRATOR or other official as may be designated by the board of trustees to insure compliance with this code. 12.08.075 RESPONSIBILITIES OF PERSONS WORKING IN THE PUBLIC WAY. RESPONSIBILITIES OF PERSONS PERFORMING WORK IN THE STREETS, ALLEYS, SIDEWALKS OR OTHER PUBLIC PLACE OR WAY IN THE TOWN SHALL BE AS FOLLOWS: A. GOOD PRACTICES AND STANDARD SAFETY PRECAUTIONS SHALL BE OBSERVED AT ALL TIMES. FOR OPEN CUTS, NO MORE THAN 100 LINEAL FEET SHALL BE OPENED DURING A WORK DAY, AND THERE SHALL BE NO OPEN TRENCHES LEFT AT THE END OF THE WORK DAY. B. THIRTY (30) DAYS PRIOR TO COMMENCEMENT OF WORK INVOLVING CONSTRUCTION OR EXTENSION OF WATER MAINS, SEWER MAINS, STORM 82698/09:57fkmk)C:1MyF!Ies\firestane\StreetCut.wpd 5 SEWERS, CURB AND GUTTER, SIDEWALK, STREET CONSTRUCTION OR OTHER ABOVEGROUND OR UNDERGROUND FACILITIES, ENGINEERING PLANS AND SPECIFICATIONS SHALL BE PRESENTED TO THE TOWN FOR REVIEW. THESE PLANS AND SPECIFICATIONS SHALL BE APPROVED BY THE TOWN PRIOR TO ISSUANCE OF A PERMIT FOR THE WORK INCLUDED. C. THE TOWN MUST APPROVE ALL TUNNEL OR BORE CONSTRUCTION PRIOR TO CONSTRUCTION. TUNNEL AND/OR BORE CONSTRUCTION MAY BE REQUIRED IN LIEU OF OPEN EXCAVATION IF THE COMMISSIONER OF STREETS OR THE TOWN ADMINISTRATOR, UPON CONSULTATION WITH THE TOWN ENGINEER, DEEMS IT TO BE IN THE BEST INTEREST OF THE TOWN. D. A PERMIT MAY BE REVOKED OR SUSPENDED BY THE TOWN, AFTER NOTICE, FOR: 1. VIOLATION OF ANY CONDITION OF THE PERMIT OF ANY PROVISION OF THIS CHAPTER. 2. VIOLATION OF ANY PROVISION OF ANY' OTHER ORDINANCE OF THE TOWN OR STATE LAW RELATING TO THE WORK. 3. EXISTENCE OF ANY CONDITION OR THE DOING OF ANY ACT THAT CONSTITUTES OR CAUSES A CONDITION ENDANGERING LIFE OR SERIOUS DAMAGE TO PROPERTY. E. A PERMIT SUSPENSION OR REVOCATION AND ANY STOP WORK ORDER SHALL TAKE EFFECT IMMEDIATELY UPON NOTICE TO THE PERSON PERFORMING THE WORK IN THE STREET, ALLEY, SIDEWALK, OR OTHER PUBLIC PLACE OR WAY. THE ONLY WORK PERMITTED AFTER RECEIPT OF A STOP WORK'ORDER WILL BE THAT REQUIRED BY THE TOWN TO OPEN THE AFFECTED PUBLIC PROPERTY TO USE. A STOP WORK ORDER MAY BE ISSUED BY THE COMMISSIONER OF STREETS OR TOWN ADMINISTRATOR TO ANY PERSON OR PERSONS DOING OR CAUSING WORK TO BE DONE IN THE PUBLIC WAY WITHOUT A PERMIT OR IN VIOLATION OF ANY PROVISION OF THIS CHAPTER OR ANY OTHER ORDINANCE OF THE TOWN. 12.08.080 Barricades and lights required. times,or catising to be made any excavation or Up--11-Llly L11 culy street or other.ptblic piace, or within five feet of the ±ine of any prb±ic right of way, shall keep the excavation burr±cadud at ail and between stinset and oullf-Mt-- Of every day that same remalfts open ±ighted pr-!)pefiy so as tel warn ft±± persons of Stich danger. shal± be furnished by the p6rson doing the wark— A. ALL WORK AREAS WILL BE PROVIDED WITH COMPLETE AND ADEQUATE BARRICADES BY DAY AND ADEQUATE BARRICADES AND LIGHTS BY NIGHT UNTIL THE WORK IS COMPLETE AND/OR THE PERSONS RESPONSIBLE HEREUNDER ARE RELIEVED OF THE RESPONSIBILITY FOR TRAFFIC CONTROL BY THE TOWN. B. ALL BARRICADING PLANS SHALL BE SUBMITTED TO THE TOWN FOR APPROVAL. FAILURE TO PROVIDE BARRICADES SHALL RESULT IN SUCH BARRICADES BEING PROVIDED BY THE TOWN, THE COSTS OF WHICH SHALL BE ASSESSED AGAINST THE PERMIT HOLDER OR PERSONS CAUSING THE NEED FOR BARRICADING. C. DURING THE DEVELOPMENT PHASE IN NEW SUBDIVISIONS WHILE 82698l09:57[kmk[C:\MyFiies\firestore\StreetCut.wpd 6 STREETS ARE BEING LAID OUT, CONSTRUCTED AND/OR SURFACED, OR WHILE UTILITY LINES ARE BEING LAID OR INSTALLED, AUTHORIZATION MAY BE GRANTED TO TOTALLY BARRICADE THE STREETS IN THE INTEREST OF PUBLIC SAFETY. THIS AUTHORIZATION BY THE TOWN WILL BE IN WRITING, AND SHALL STATE THE TIME PERIOD WHEN SUCH TOTAL BARRICADING WILL BE ALLOWED AND ANY SPECIAL CONDITIONS REQUIRED FOR CLOSURE OF THE PUBLIC WAY. 12.08.085 TRAFFIC CONTROL AND ACCESS. TO AVOID INTERFERENCE WITH TRAFFIC, THE FOLLOWING CONDITIONS MUST BE OBSERVED WHEN WORKING IN THE PUBLIC WAY: A. ALL WORK IN THE PUBLIC WAY SHALL BE CONDUCTED IN A MANNER AS NOT TO IMPEDE TRAFFIC. ALL PERMIT HOLDERS MUST DEVELOP A TRAFFIC CONTROL PLAN THAT PROVIDES SAFE METHODS FOR MOVEMENT OF PEDESTRIANS AND MOTORISTS THROUGH THE WORK ZONE AND A SAFE AREA FOR WORKERS ENGAGED IN THE CONSTRUCTION ACTIVITY, WHICH TRAFFIC CONTROL PLAN MUST BE APPROVED BY THE TOWN PRIOR TO COMMENCEMENT OF ANY WORK BEING CONDUCTED UNDER THE PERMIT. THE TRAFFIC CONTROL PLAN SHALL BE SITE -SPECIFIC UNLESS OTHERWISE ALLOWED BY THE TOWN, AND SHALL INCLUDE THE NAME AND EMERGENCY PHONE NUMBERS OF THE PERMIT HOLDER AND THE PERMIT HOLDER'S DESIGNATED TRAFFIC CONTROL SUPERVISOR. ANY WARNING AND TRAFFIC CONTROL DEVICES PROPOSED FOR USE DURING CONSTRUCTION SHALL BE NOTED IN THE TRAFFIC CONTROL PLAN. B. IT SHALL BE THE RESPONSIBILITY OF THE PERMIT HOLDER PERFORMING THE WORK TO COORDINATE ALL WORK IN THE PUBLIC WAY WITH APPROPRIATE FIRE, AMBULANCE, POLICE AND TRANSIT AUTHORITIES OF THE TIMES AND LOCATIONS OF ANY IMPEDIMENT OF TRAFFIC. C. WHEN NECESSARY FOR PUBLIC SAFETY, THE PERMIT HOLDER SHALL EMPLOY FLAG PERSONS WHOSE DUTIES SHALL BE TO CONTROL TRAFFIC AROUND OR THROUGH THE CONSTRUCTION SITE. FLAG PERSONS SHALL BE TRAINED IN FLAGGING OPERATIONS AND SHALL BE CERTIFIED. THE USE OF FLAG PERSONS MAY BE REQUIRED BY THE TOWN AS PART OF THE TRAFFIC CONTROL PLAN. D. AS A GUIDE FOR ALL MAINTENANCE AND TRAFFIC SIGNING, PART VI OF THE "MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES" AND THE COLORADO DEPARTMENT OF TRANSPORTATION STANDARDS SHALL BE USED. E. THE PERMIT HOLDER SHALL BE RESPONSIBLE FOR FURNISHING, ERECTING AND MAINTAINING TRAFFIC CONTROL DEVICES AND FACILITIES REQUIRED BY THE TRAFFIC CONTROL PLAN THROUGHOUT THE LIFE OF THE PERMIT, INCLUDING ANY PERIODS OF SUSPENSION. F. TRAFFIC CONTROL DEVICES OTHER THAN THOSE THAT GENERALLY INFORM THE PUBLIC OF WORK ZONES AHEAD THAT FACE ONCOMING TRAFFIC SHALL BE TURNED AWAY FROM ONCOMING TRAFFIC OR OTHERWISE MASKED FROM VIEW DURING NON -WORKING HOURS. SIGNS THAT ARE SPECIFIC IN NATURE, SUCH AS LANE DROP SIGNS, FLAGMAN AHEAD SIGNS, ROAD CLOSED SIGNS AND OTHER SIGNS, WHICH IN THE OPINION OF THE COMMISSIONER OF STREETS OR TOWN ADMINISTRATOR, UPON CONSULTATION WITH THE TOWN ENGINEER, ARE INAPPROPRIATE FOR DISPLAY DURING NON -WORKING HOURS ARE SUBJECT TO CONFISCATION BY THE TOWN. CONFISCATED SIGNS MAY BE RELEASED BY THE 82698l09:57[kmkIC:lMyFiles\Eirestone\StreetCut.wN 7 TOWN TO THE OWNER AFTER PAYMENT OF A FIFTEEN DOLLAR ($15.00) REDEMPTION FEE FOR EACH CONFISCATED SIGN. TRAFFIC CONTROL DEVICES SHALL NOT BE PLACED ON SIDEWALKS, NOR SHALL THEY BLOCK PEDESTRIAN ACCESS. G. NO PERMIT HOLDER SHALL INTERRUPT ACCESS TO AND FROM PRIVATE PROPERTY, BLOCK EMERGENCY VEHICLES, BLOCK ACCESS TO FIRE HYDRANTS, FIRE STATIONS, FIRE ESCAPES, WATER VALVES, UNDERGROUND VAULTS, VALVE HOUSING STRUCTURES, OR ANY OTHER VITAL EQUIPMENT UNLESS PERMISSION IS OBTAINED FROM THE OWNER OF THAT FACILITY. H. WORK SHALL BE CONDUCTED IN A MANNER AS TO AVOID UNNECESSARY INCONVENIENCE AND ANNOYANCE TO THE GENERAL PUBLIC AND OCCUPANTS OF NEIGHBORING PROPERTY. IN THE PERFORMANCE OF THE WORK, THE PERMIT HOLDER SHALL TAKE APPROPRIATE MEASURES TO REDUCE NOISE, DUST AND UNSIGHTLY DEBRIS. NO WORK SHALL BE DONE BETWEEN THE HOURS OF 7:00 P.M. AND 7:00 A.M., OR AT ANY TIME ON SATURDAY, SUNDAY OR HOLIDAYS, EXCEPT WITH WRITTEN PERMISSION OF THE TOWN OR IN CASE OF EMERGENCY. I. ALL PUBLIC RIGHTS -OF -WAY AND PRIVATE PROPERTY SHALL BE THOROUGHLY CLEANED UP OF ALL RUBBISH, EXCESS DIRT, ROCK AND OTHER DEBRIS AS THE WORK PROGRESSES. 12.08.090 INSPECTIONS. A. ALL WORK MADE UNDER A PERMIT ISSUED PURSUANT TO THIS CHAPTER MUST BE INSPECTED BY THE TOWN BEFORE SURFACE RESTORATION IS BEGUN. B. REQUESTS FOR INSPECTIONS BY THE TOWN SHALL BE MADE AT LEAST TWENTY-FOUR (24) HOURS IN ADVANCE. FOR SATURDAYS, SUNDAYS, HOLIDAYS OR INSPECTIONS TO BE PERFORMED OUTSIDE REGULAR BUSINESS HOURS OF 9:00 A.M. TO 5:00 P.M., SUCH REQUEST SHALL BE MADE AT LEAST FORTY-EIGHT (48) HOURS IN ADVANCE. IN THE EVENT THAT THE INSPECTION IS PERFORMED ON SATURDAY, SUNDAY, A HOLIDAY, OR OUTSIDE REGULAR BUSINESS HOURS, THE PERMIT HOLDER WILL BE REQUIRED TO PAY TO THE TOWN ANY OVERTIME COSTS INCURRED BY TOWN PERSONNEL ASSIGNED TO OBSERVE AND TEST THE WORK BEING PERFORMED DURING SUCH TIME. C. IT IS THE PERMIT HOLDER'S RESPONSIBILITY TO CONTACT THE TOWN CLERK TO REQUEST INSPECTIONS OF THE WORK CONTAINED UNDER THE PERMIT. THE PERMIT HOLDER WILL BE RESPONSIBLE FOR ANY ADDITIONAL COSTS INCURRED BY THE TOWN FOR SPECIAL TESTING OF WORK PERFORMED WITHOUT SUCH NOTICE AND OPPORTUNITY FOR INSPECTION. IF, IN THE OPINION OF THE COMMISSIONER OF STREETS OR TOWN ADMINISTRATOR, UPON CONSULTATION WITH THE TOWN ENGINEER, THE COMPLETED WORK CANNOT BE ADEQUATELY TESTED OR WAS PLACED NOT IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND APPLICABLE TOWN STANDARDS AND REQUIREMENTS, IT SHALL BE REMOVED AND REPLACED AT THE PERMIT HOLDER'S SOLE COST. D. THE INSPECTION AND/OR TESTING OF PORTIONS OF THE WORK AND MATERIALS SHALL NOT RELIEVE THE PERMIT HOLDER OF ANY OBLIGATION TO CONSTRUCT THE WORK IN ACCORDANCE WITH THE APPROVED PLANS AND SPECIFICATIONS AND APPLICABLE TOWN STANDARDS AND REQUIREMENTS. WORK AND MATERIALS NOT MEETING SUCH REQUIREMENTS SHALL BE MADE GOOD 82598/09:57{kmk]c:NMyFileslfire8tone\StreetCut.wpd 8 AND UNSUITABLE WORK OR MATERIALS MAY BE REJECTED, NOTWITHSTANDING THAT SUCH WORK AND/OR MATERIALS MAY HAVE BEEN PREVIOUSLY INSPECTED AND/OR TESTED BY THE TOWN. 12.08.095$ SURFACE der to be restored. All restoration of DISTURBED paving surfaces after an opening or excavation has been made shall be made in accordance with the APPLICABLE town STANDARDS AND ANY PERMIT CONDITIONS, specifications and the entire work of restoration OF THE SURFACE, including backfilling AND ANY re -paving OR RE -surfacing, and pouting the base, shall be performed by the holder of the permit, except in specific cases where the commissioner of streets OR TOWN ADMINISTRATOR shall deem it necessary to do the restoration by contract or to permit public utilities to do the work with their own forces. IMMEDIATELY UPON COMPLETION OF ANY WORK UNDER THE PERMIT, THE PERMIT HOLDER AT ITS SOLE EXPENSE SHALL ALSO RESTORE THE SURFACE OF ANY UNIMPROVED AREAS AND SHALL RESTORE ANY STRUCTURES OR IMPROVEMENTS DISTURBED BY THE WORK TO THE SAME OR BETTER CONDITIONS THAN THOSE THAT EXISTED IMMEDIATELY PRIOR TO COMMENCEMENT OF THE WORK. THE PERMIT HOLDER'S OBLIGATIONS UNDER THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO, RESTORATION OF DISTURBED LANDSCAPING AND INSTALLATION OF SEED, SOD AND MULCH AS NECESSARY TO RESTORE DISTURBED GROUND COVER. 3-r the rer±acement or restoration of the permanett pavement, the to 1�11 \. 1. lAyV VL 1..11 \.. V1-�y 111 L1i \rU l., l.V i4�/i 4..V4 1�. f.i 411 ala.. •v Lw..111ivi ��.. lA concrete -,not ±ess than six inches thick, that of the adjacent pavement, merde in accordance with the ±ates-t V1 J1? %-1LAt.J)C.:IA. V. uL11[��,ly4µ V1 u _y --_yI �.11 �. �.11 �..iL�. �++✓ v++u++ be rep±cLced. Section 2. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. 82698/09:57[kmk]C:\MyFiles\firestone\StreetCut.wN 9 f Section 3. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5.' Any person who violates any provision of this ordinance shall be punished by a fine of not more than $999.00 or by imprisonment not to exceed 1 year or both such fine and imprisonment. Each day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person shall be a separate offense. INTRODUCED, READ, A PIED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of 1998. TOWN OF FIRESTONE, COLORADO Attest: T.L. Peterson Town Clerk 82698/09:57]kmk]C:\MyFiles\fire stone\StreetCut.wpd 10 Rick Patterson 1 ORDINANCE NO. 'AN ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION FRANCHISE FOR A PERIOD OF SIX (6) MONTHS. WHEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted a cable television franchise which is currently held by TCI Cablevision of Colorado, Inc.; and 4a WHEREAS, by, Ordinance No. 321 dated 'January 14, 1996, the town granted an extension of the term of the cable television franchise for a period of one year to. allow additional time to proceed .with the franchise renewal process; and WHEREAS, by Ordinance No, 351 datedJanuary-9, 1997, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No, 370 dated July 24,' 1997, the town granted an extension'of the term of the cable television franchise for a period of six` (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 384 dated January 8, .1998, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and . WHEREAS, the Town and TCI Cablevision'of Colorado, Inc. desire to further extend the term of the cable television franchise for a period of six (6) additional months to allow more additional time to proceed with the franchise'renewal process. NOW, THEREFORE, BE IT ORDAINED. BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. .The Town hereby approved the temporary extension of the Cable Television Franchise granted by Ordinance No. 160, which franchise is currently held by TCI Cablevision of Colorado, Inc., as successor in interest thereto, for a period of six (6) months from its present expiration- date of August 10, 1998 to February 10, 1999. ORDINANCE NO. 'AN ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION FRANCHISE FOR A PERIOD OF SIX (6) MONTHS. WHEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted a cable television franchise which is currently held by TCI Cablevision of Colorado, Inc.; and 4a WHEREAS, by, Ordinance No. 321 dated 'January 14, 1996, the town granted an extension of the term of the cable television franchise for a period of one year to. allow additional time to proceed .with the franchise renewal process; and WHEREAS, by Ordinance No, 351 datedJanuary-9, 1997, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No, 370 dated July 24,' 1997, the town granted an extension'of the term of the cable television franchise for a period of six` (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 384 dated January 8, .1998, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and . WHEREAS, the Town and TCI Cablevision'of Colorado, Inc. desire to further extend the term of the cable television franchise for a period of six (6) additional months to allow more additional time to proceed with the franchise'renewal process. NOW, THEREFORE, BE IT ORDAINED. BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. .The Town hereby approved the temporary extension of the Cable Television Franchise granted by Ordinance No. 160, which franchise is currently held by TCI Cablevision of Colorado, Inc., as successor in interest thereto, for a period of six (6) months from its present expiration- date of August 10, 1998 to February 10, 1999. i INTRODUCED, READ, PTED APPROVED, AND ORDERED PUBLISHED IN FULL this 0�ay of 1998. TOWN'OF FIRESTONE, COLORADO Rik tterson, Mayor ATTEST: mAl. %. __ • 4 T.L. Peterson, Clerk � �� ;,,, ., { { .�. '4�. . _.. ... .�_ . a't� �}.. _ _ �� * �� _ �...�,r^r..s.. ,., � ' }� :;' � �'� f e7 a r ORDINANCE NO. --� AN ORDINANCE REZONING CERTAIN PROPERTY WITHIN THE TOWN OF FIRESTONE KNOWN AS DEL REY SUBDIVISION AREA 4. WHEREAS, there has been filed with the Board of Trustees of the Town of Firestone an application for an amendment to the approved zoning and Outline Development Plan for a portion of the Del Ray Subdivision, which portion is generally referred to as Del Rey Subdivision Area 4 and is legally described in Exhibit A, attached hereto and made a part hereof (the "Property"); and WHEREAS, the Property is currently zoned Planned Unit Development Residential -A (PUD R-A), with a minimum lot size of approximately 1.21 acres; and WHEREAS, in the application it is requested that the current zoning and Outline Development Plan be amended with respect to the Property to allow for a minimum lot size of approximately 1.0.2 acres, thereby increasing by two the number of single-family lots within the Property; and WHEREAS, the Firestone Planning Commission has held a duly - noticed public hearing on the application and has forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered the Commission's recommendation; and WHEREAS, the Board of Trustees has held a duly -noticed public hearing on the application; and WHEREAS, no protests were received by the. Town pursuant to C.R.S. §31-23-305; and WHEREAS., a rezoning and Outline Development Plan amendment for the Property, to allow for two additional single-family lots within the Property, is consistent with the Town's plan for the area encompassed by the Property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The proposed amendment to the approved zoning and outline Development Plan for that portion of the Del Rey Subdivision which is described in Exhibit A, attached hereto and made a part hereof, is hereby approved _pursuant to the zoning ordinances and development regulations of the Town, and the Town zoning map shall be amended accordingly. INTRODUCED, READ, 4DQPTEP, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 1998. 1 TOWN OF FIRESTONE, COLORADO Rick Patterson _ ATTEST: 4 V.L. Peterson Town Clerk 0 EXHIBIT A Zoning Legal Description A parcel of land situated'in the Northwest Quarter of Section 24, Township 2 North, Range 68 West of the 6th p.m., County of Weld, State of Colorado, being more particularly described as follows: Beginning at a point 30 feet South of and 30 feet East of the Northwest corner of said Section 24, said point lying at the intersection of the Southerly right-of-way line of Road No. 20 and the Easterly right-of-way line of Road No: 11 from which said Northwest corner bears N44052`06"W, a distance of 42.54 feet; Thence S8904215311E, a distance of 1386.29 feet along the South right-of-way line of Road No. 20 to the TRUE POINT OF BEGINNING; Thence S8904215311E, a distance of 1167.74 continuing along said Southerly right-of-way line of Road No. 20 to a point on a line being 80.00 feet Westerly of, and parallel to the East line of the Northwest Quarter of said Section 24; Thence S0001410311W, a distance of 732.91 feet along said line; Thence N8904253"W, a distance of 1167.74 feet to a point on the centerline of an existing concrete ditch; thence N00014'03"E, a distance of 732.91 feet to the TRUE POINT OF BEGINNING. Basis of bearings of this survey is the west line of the Northwest Quarter of Section 24, Township 2 North, Range 68 West of the 6th p.m., as monumented and shown, and is assumed to bear N00°0112011W. 100898/1B09[ej1lc:Fireston\De1Rey.ord 3 '��I IIIIII IIIII 111111 IIIII Illll IIIIII IIIII III IIIII IIII Ilil 2707032 07/15/1999 04:30P Weld County CO . 1 of 8 R 40.00 D 0.00 JA Suki Taukamoto (1 I AN ORDINANCE vv CROSSROADS PUD COLORADO. ORDINANCE NO APPROVING AN ANNEXATION KNOWN AS THE ANNEXATION TO THE TOWN OF FIRESTONE, WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Crossroads PUD Annexation and described in Exhibit A attached hereto, has been filed with the Town Board of the Town of Firestone; and WHEREAS, pursuant to §31-12-108 to -110, the Town Board on December 10, 1998, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published November 4, 11, 18 and 25, 1998, in the Farmer & Miner Newspaper; and WHEREAS, the Town Board, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexations except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Crossroads PUD Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, AD)VPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ��day of (f/�1/�r��/ , 1998. : Attest: T.L. , Peterson Town Clerk TOWN OF FIRESTONE, COLORADO * ( 4 7, AT -Y tterson 120898/933[sjl]c:Fireston\crose.ord liilll iilll Ililil illll illll illlil Iliil III IIIIIIIIIIIIIIIII IN 2707032 07/15/1999 04:30P Weld County CO 2 of 8 R 40.00 D 0.00 JA Suki Teukamoto - - ----- - - - --- - EXHIBIT "Aft CROSSROADS ANNEXATION 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 W1A Corner of said Section 11 bears S00°07'44"W, 2638.60 feel: (Basis of Bearing), thence N89°52'02"E, 1298.41 feet along the North Line of the NW1/4 of the NVV1/4 of said Section 11 to the Northeast Corner of the NW1/4 of the NW1/4 of said Section 11; Thence N89052'51"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 Departrnent of Transportation for Project IR-IM(CX) 025-3(110), as described in legal description dated March 3, 1997, Thence S00007'09"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 S00007'09"E, 0.09 feet eit 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 S83033'30"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 S00009'13"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 thi-; 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 S19040'19"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 E192.59 feet, a central angle of 32050'03", and being subtended by a chord that bears S23004'48"W, 504.54 feet; Thence SO4°01'52"W, 471.56 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S06039'47"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; IF 1111111111111111111111111111111111111112707032 07 /15/1999 04:30P Weld Count 11 3 of 8 R 40.00 D 0.00 JA Suki Tsukamoto� i r 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 S89054'04"E, 942.57 feet along the ,;;youth Line of the SW1/4 of the NW114 of said Section 11 to the Southeast Corner of the SW1/4 of the NW1/4 of said Section 11; Thence S89052'43"E, 1303.98 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the C1/4 Corner of said Section 11; Thence S89053'24"E, 2602.99 feet along the South Line of the NEl/4 of said Section 11 to the E114 Comer of said Section 11; Thence N89033'29"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 the East Right-of-way Line of said Weld County Road No. 11 to the South Right-of-way Line of said Road No. 24; Thence S89032'10"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. EXHIBIT "B" BLOCK 1 A tract of land located in the N1/2 of Section 11, 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 feel: (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 N8905251"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 S00007'09"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 S83033'30"W, 496.77 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S47°28'27V, 160.94 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S00°09'1YE, 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 39039'03", 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 SO4°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; ��� III#Ill IIIII Ill ##Ill #III I#II �' � 2707032 07/15/1999 04:30P Weld County Co 4 of 8 R 40.00 0 0.00 JA Suki Tsukamoto I I!lIII!!II! IIlIlIll 2707032 II! !IIlI !I!I!I II!!I III 09:PdCoumtiAIIII 5 of 8 R40.001D0.00JASuklTsukamaD to Thence continuing S06°39'47"W, 201.32 feel: 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 SW114 of the NW114 of said Section 11; Thence S89054'04"E, 638.57 feet along the 1;3outh Line of the SW114 of the NW114 of said Section 11 to the East Line of the South 200 feet of the West 1000 feet of the NW114 of said Section 11; Thence N00°07'44"E, 200.00 feet along the fast Line of the South 200 feet of the West 1000 feet of the NW114 of said Section 11 to the Northeast Corner thereof; Thence continuing N00007'44"E, 606.07 feelt parallel with the West Line of The,--NW114 of said Section 11; Thence N39029'50"E, 1419.69 feet to the ;South Line of the North 743 feet of the NE1/4 of the NW114 of said Section 11; Thence N89"52'51"E, 699.04 feet along the South Line of the North 743 feet of the NE114 of the NW114 of said Section 11 to the South Line of the North 743 feet of the NE114 of said Section 111 Thence N89"55'55"E, 1383.97 feet along the: South Line of the North 743 feet of the NE114 of said Section 11 to a Southeasterly Line extended Northeasterly of that 30 foot wide sewer line easement granted to Saint Wain Sanitation District as described in Instrument recorded June 6, 1989, in Book 1234 as Reception No. 2181781 of the records of Weld County, Colorado; Thence continuing N89055'55"E, 82.33 feet along the South Line of the North 743 feet of the NE114 of said Section 11; Thence N44003'53"E, 993.41 feet parallel with a Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Right-of-way Line of said Road No. 24; Thence S89"55'55"W, 2158.36 feet along the South Right-of-way Line of said Road No. 24 to an angle point thereof; Thence S89052'51"W, 750.52 feet along the South Right-of-way Line of said Road No. 24 to the TRUE POINT OF BEGINNING. Area = 81.226 acres, more or less. BLOCK 2 A tract of land located in the N112 of Sectiori 11, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Northwest Comer of said Section 11, from which the W114 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 NW114 of the NW114 of said Section 11 to the Northeast Corner of the NW114 of the NW114 of said Section 11; Thence N89"52'51"E, 547.74 feet along the North Line of the NE114 of the NW114 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), _N 2707032 07/15/1999 04:30P Weld County CO 6 of 8 R 40.00 D 0.00 JA Sukl Tsukamoto 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; 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 S00009'13"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 are having a radius of 880.85 feet, a central angle of 39"39'03", and being subtended by a chord that bears S19040'19' W, 597.49 feet; Thence S39029'50"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 Peet 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 32050'03", and being subtended by a chord that bears S23004'48"W, 504.54 feet; Thence S04001'52"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 S89054'04"E, 638.57 feet along the South Line of the SW1/4 of the NW1/4 of said Section 11 to the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said >ection 11; Thence N00007'44"E, 200.00 feet along the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11 to the Northeast Corner thereof; Thence continuing N00007'44"E, 606.07 feet parallel with the West Line of the NW1/4 of said Section 11 to the TRUE POINT OF BEGINNING; Thence S00°07'44"W, 606.07 feet parallel with the West Line of the NW1/4 of said Section 11 to the Northeast Comer of the South 200 feet of the: West 1000 feet of the NW114 of said Section 11; Thence continuing S00°07'44"W, 200.00 feet along the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11 to the South Line of the SW1/4 of the NW1/4 of said Section 11; Thence S89054'04"E, 304.00 feet along the South Line of the SW1/4 of the NW1/4 of said Section 11 to the Southeast Corner of the SW1A of the NW1/4 of said Section 11; Thence S89052'43"E, 817.25 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the Southeasterly Line of that 30 foot wide sewer line easement granted to Saint Vrain Sanitation District as described in Instrument. recorded June 6, 1989, in Book 1234 as Reception No. 2181781 of the records of Weld County, Colorado; Thence N56047'53"E, 239.02 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N60001'53"E, 250.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N59"56'53"E, 340.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; 1111111111111 IN IN 2707032 07/15/1999 04:3010 Weld County CO 7 of 8 R 40.00 D 0.00 JA Sukf Tsukamol,o Thence N14°08'53"E, 400.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N44003'53"E, 1521.14 feet along the Southeasterly Line and the Southeasterly Line extended Northeasterly of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Line of the North 743 feet of the NE1/4 of said Section 11; Thence S89055'55"W, 1383.97 feet along the South Line of the North 743 feet of the NE1/4 of said Section 11 to the South Line of the North 743 feet of the NE1/4 of the NW1/4 of said Section 11; Thence S89052'51"W, 699.04 feet along the South Line of the North 743 feet of the NE1/4 of the NW1/4 of said Section 11 to a point on a line from which the True Point of Beginning bears S39°29'50"W; Thence S39029'50"W, 1419.69 feet to the TRUE POINT OF BEGINNING. Area = 81.226 acres, more or less. BLOCK 3 A tract of land located in the N112 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 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 Comer 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 S00007'09"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; Thence continuing S00007'09"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 S83033'30"W, 496.77 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S47028'27"W, 160.94 feet along the Easterly Line of said Parcel 13 REV 3 to an angle point thereof; Thence S0000913" 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 39039'03", and being subtended by a chord that bears S19040'19"W, 597.49 feet; Thence S39029'50"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 32050'03", and being subtended by a chord that bears S23004'48"W, 504.54 feet; Thence SO4°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 S06039'47"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 SW114 of the NW1/4 of said Section 11; Thence S89°54'04"E, 638.57 feet along .� Illfl^II�II IIIIII IIIli IIIlI �� ��� l�III 111111111 IN 2707032 07/15/1999 04:30P Meld County CO 8 of 8 R 40.00 D 0.00 JA Suki Tsukamoto the South Line of the SW1/4 of the NW1/4 of said Section 11 to the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11; Thence continuing S89°54'04"E, 304.00 feet along the South Line of the SW1/4 of the NW1/4 of said Section 11 to the Southeast Comer of the SW1/4 of the NW1/4 of said Section 11; Thence S89052'43"E, 817.25 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the Southeasterly Line of that 30 foot wide sewer line easement granted to Saint Wain Sanitation District as described in Instrument recorded June 6, 1989, in Book 1234 as Reception No. 2181781 of the records of Weld County, Colorado, and the TRUE POINT OF BEGINNING; Thence N56047'53"E, 239.02 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N60°01'53"E, 250.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N59°56'53"E, 340.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N14008'53"E, 400.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N44°03'53"E, 1521.14 feet along the Southeasterly Line and the Southeasterly Line extended Northeasterly of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Line of the North 743 feet of the NE1/4 of said Section 11; Thence N89"55'55"E, 82.33 feet along the South Line of the North 743 feet of the NE114 of said Section 11; Thence N44"03'53"E, 993.41 feet parallel with a Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Right-of-way Line of said Road No. 24; Thence N89055'55"E, 429.79 feet along the ;;iouth Right-of-way Line of said Road No. 24 to an angle point thereof; Thence N89032'10"E, 30.00 feet along the South Right-of-way Line of said Road No. 24 to the East Right-of-way Line of Weld County Road No. 11; Thence S00"26'22"E, 2627.47 feet along the East Right-of-way Line of said Weld County Road No. 11 to the South Line of the NW114 of said Section 12; Thence S89033'29"W, 30.00 feet along the South Line of the NW1/4 of said Section 12 to the E114 Corner of said Section 11; Thence N89053'24"W, 2602.99 feet along tl--ie South Line of the NE1/4 of said Section 11 to the C1/4 Corner of said Section 11; Thence N89°52'43"W, 486.73 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the TRUE POINT OF BEGINNING. Area = 106.000 acres, more or less. LI�IIII lllli llllll lull illll llllll lull 111 lull llll llll 2.707035 07/15/1999 04:40P Weld County CO 1 of 9 R 45,00 D 0.00 JA Suki Tsukamoto ORDINANCE NO. ` AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE CROSSROADS PUD ANNEXATION. WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Crossroads PUD Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the landowners of the property requested a Planned Unit Development zoning classification and have submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, a Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Crossroads PUD Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Crossroads PUD Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached her and made a part hereof, is hereby zoned PUD - Planned Unit Development Zone District pursuant _to the zoning ordinances of the Town and in accordance with the Crossroads PUD Outline Development Plan approved by the Board of Trustees and on file with the Town, and the Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED APPROVED, AND ORDERED PUBLISHED IN FULL this ��day of ,1� , 1998. 1 .I IIIIII 11111111111111111111111111111111111 �II1111111III '2707035 07/15/1999 04:40P Weld County CO 2 of 9 R 45.00 D 0.00 JA Suki Tsukamoto TOWN OF FIRESTONE,, COLORADO c erson Attest: ?o Peterson Town Clerk wNTY, G 120898/944[03'l]c:Firestcn\Croas1.ord - Illll Illlll lllll Ill Illll IIII llll I llllll Illll llllll Illy d Cnunt 2707035 07/15/1999 04., 40P 0 v Co 3 of 9 R 45.00 D 0.00 JA Suki Tsukamoto s EXHIBIT "A„ CROSSROADS ANNEXATION 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 feel: (Basis of Bearing), thence N89°52'02"E, 1298.41 feet along the North Line of the NW1/4 of the NVV1/4 of said Section 11 to the Northeast Comer 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 1.0 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 S00007'09"E, 30.00 feet at right angles with the North Line of the NE114 of the NW1A 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 S00007'09"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 S00009'1YE, 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 39039'03", 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 E192.59 feet, a central angle of 32°50'03", and being subtended by a chord that bears S23°04'48"W, 504.54 feet; Thence SO4°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 NW114 of said Section 11; IIIII ������ IIIII III 11III IIII III Ilt�llllllll IIIIIIlIIII 2707035 07/15/1999 04:40P Weld County Co 1.4 of 9 R 45.20 D 0.00 JA Suki Tsukamoto 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) 025-3010) 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 S89052'43"E, 1303.98 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the C1/4 Corner of said Section 11; Thence S89°53'24"E, 2602.99 feet along the South Line of the NE1/4 of said Section 11 to the E1/4 Comer of said Section 11; Thence N89033'29"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 the; East Right-of-way Line of said Weld County 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 S89055'55"W, 2588.15 feet along the South Right-of-way Line of said Road No. 24 to an angle point thereof; Thence S89052'51"VV, 750.52 feet along th+;: South Right-of-way Line of said Road No. 24 to the TRUE POINT OF BEGINNING. Area = 268.451 acres, more or less. EXHIBIT "B» BLOCK 1 A tract of land located in the N1/2 of Section 11, 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 Comer 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 NVV1/4 of said Section 11 to the Northeast Corner of the NW1/4 of the NW1/4 of said Section 11; Thence N89052'51"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 S00007'09"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 S83033'30"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 S00009'13"E, 111.14 feet along the Masterly 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 39039'03", and being subtended by a chord that bears S19040'19"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 S23004'48"W, 504.54 feet; Thence S04001'52"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; I IIIIII IIIIL llllll 11111111 OF 11111111..E 2707035 07/15/1999 04i40P Weld County CO 5 of 9 R 45.00 D 040 JA Suki Tsukamot,o 2707035 07/15/1999 04:40P Weld County CO 6 of 9 R 45.00 D 0.00 JA Sukl Tsukamoto Thence continuing S06"39'47"W, 201.32 feel: 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, 638.57 feet along the 'South Line of the SW1/4 of the NW1/4 of said Section 11 to the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11; Thence N00°07'44"E, 200.00 feet along the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11 to the Northeast Comer thereof; Thence continuing N00°07'44"E, 606.07 feet parallel with the West tine of The NW1/4 of said Section 11; Thence N39"29'50"E, 1419.69 feet to the ;:;oath Line of the North 743 feet of the NE1/4 of the NW1/4 of said Section 11; Thence N89°52'51"E, 699.04 feet along the South Line of the North 743 feet of the NE1/4 of the NW1/4 of said Section 11 to the South Line of the North 743 feet of the NE1/4 of said Section 11; Thence N89°55'55"E, 1383.97 feet along the South Line of the North 743 feet of the NE1/4 of said Section 11 to a Southeasterly Line extended Northeasterly of that 30 foot wide sewer line easement granted to Saint Vrain Sanitation District as described in Instrument recorded ,tune 6, 1989, in Book 1234 as Reception No. 2181781 of the records of Weld County, Colorado; Thence continuing N89055'55"E, 82.33 feet along the South Line of the North 743 feet of the NE1/4 of said Section 11; Thence N44003'53"E, 993.41 feet parallel with a Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Right-of-way Line of said Road No. 24; Thence S89055'55"W, 2158,36 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 = 81.226 acres, more or less. BLOCK 2 A tract of land located in the N1/2 of Section 11, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the Northwest Comer 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 NW114 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 N89052'51"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 Deparl;ment 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; 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 S39029'50"W, 638.44 feet along they 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 32050'03", and being subtended by a chord that bears S23004'48"W, 504.54 feet; Thence S04001'52"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 SWIM of the NW1/4 of said Section 11; Thence S89°54'04"E, 638.57 feet along the South Line of the SW1/4 of the NW114 of said Section 11 to the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11; Thence N00007'44"E, 200.00 feet along the East Line of the South 200 feet of the West 1000 feet of the NW114 of said Section 11 to the Northeast Corner thereof; Thence continuing N00007'44"E, 606.07 feet parallel with the West Line of the NW1/4 of said Section 11 to the TRUE; POINT OF BEGINNING; Thence S00007'44"W, 606.07 feet parallel with the West Line of the NW1A of said Section 11 to the Northeast Corner of the South 200 feet of thy: West 1000 feet of the NW1/4 of said Section 11. Thence continuing S00°07'44"W, 200.00 feet along the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11 to the South Line of the SW1/4 of the NW1/4 of said Section 11; Thence S89054'04"E, 304.00 feet along the South Line of the SW1/4 of the NW1/4 of said Section 11 to the Southeast Corner of the SW1A of the NW1A of said Section 11; Thence S89052'43"E, 817.25 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the Southeasterly Line of that 30 fagot wide sewer line easement granted to Saint Wain Sanitation District as described in Instrument recorded June 6, 1989, in Book 1234 as Reception No. 2181781 of the records of Weld County, Colorado; Thence N56047'53"E, 239.02 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N60001'53"E, 250.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N59056'53"E, 340.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle pant thereof; I11�111IIIII IIIIII IIII! illll hill! IIIlI IIIlilll IIII IIII^ `� 2707035 07/15/1999 04:4010 Weld County CO 7 of 9 R 45.00 D 0.00 JA 5ukl Tsukamoto 11111111111111�11111111 Illll IIIIII 111111111i111 IIII IIII 4 2707039 07/15/1999 04:40P Weld County CO 8 of 9 R 45.00 D 0.00 JA Suki Tsukamoto Thence N14008'53"E, 400.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Boole 1234 as Reception No. 2181781 to an angle point thereof; Thence N44003'53"E, 1521.14 feet along the Southeasterly Line and the Southeasterly Line extended Northeasterly of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Line of the North 743 feet of the NE114 of said Section 11; Thence S89055'55"W, 1383.97 feet along the South Line of the North 743 feet of the NE1/4 of said Section 11 to the South tine of the North 743 feet of the NE1/4 of the NW114 of said Section 11; Thence S89°52'51"W, 699.04 feet along the South Line of the North 743 feet of the NE1/4 of the NW1/4 of said Section 11 to a point on a line from which the True Point of Beginning bears S39029'50"W; Thence S39029'50"W, 1419.69 feet to the TRUE POINT OF BEGINNING. Area = 81.226 acres, more or less. BLOCK 3 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 S00007'44"W, 2638,60 feet (Basis of Bearing), thence N89°52'02"E, 1298.41 feet along the North Line of the NW114 of the NW114 of said Section 11 to the Northeast Corner of the NW1/4 of the NW1/4 of said Section 11; Thence N89052'51"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 NE114 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; 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 S00009'13"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 39039'03", and being subtended by a chord that bears S19°40'19"W, 597.49 feet; Thence S39029'50"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 S23004'48"W, 504.54 feet; Thence SO4°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 S06039'47"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 SW114 of the NW1/4 of said Section 11; Thence S89054'04"E, 638.57 feet along Ilillll lilll llllll Illli IIIII hill i IIIII III IIIII lilt IIII �^�' 27e7035 07/15/1999 04:40P Weld County CO 9 of 9 R 49.00 D 0.00 JA Sukl Tsukamoto the South Line of the SWIM of the NW1/4 of raid Section 11 to the East Line of the South 200 feet of the West 1000 feet of the NW1/4 of said Section 11; Thence continuing S89°54'04"E, 304.00 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 S8905243"E, 817.25 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the Southeasterly Line of that 30 foot wide sewer line easement granted to Saint Vrain Sanitation District as described in Instrument recorded June 6, 1989, in Book 1234 as Reception No. 2181781 of the records of Weld County, Colorado, and the TRUE POINT OF BEGINNING; Thence N56047'53"E, 239.02 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N60"01'53"E, 250.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N59056'53"E, 340.00 feet along the Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N14°08'53"E, 400.00 feet along thc,,� Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to an angle point thereof; Thence N44°03'53"E, 1521.14 feet along the Southeasterly Line and the Southeasterly Line extended Northeasterly of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Line of the North 743 feet of the NE1/4 of said Section 11; Thence N89055'55"E, 82.33 feet along the %South Line of the North 743 feet of the NE1/4 of said Section 11; Thence N44003'53"E, 993.41 feet parallel with a Southeasterly Line of that 30 foot wide sewer line easement as described in said Book 1234 as Reception No. 2181781 to the South Right-of-way Line of said Road No. 24; Thence N89055'55"E, 429.79 feet along the - outh Right-of-way Line of said Road No. 24 to an angle point thereof; Thence N69032'10"E, 30.00 feet along the South Right-of-way Line of said Road No. 24 to the East Right-of-way Line of Weld County Road No. 11; Thence S00026'22"E, 2627.47 feet along the East Right-of-way Line of said Weld County Road No. 11 to the South Line of the NW1/4 of said Section 12; Thence S89033'29"W, 30.00 feet along the ,;youth Line of the NW1/4 of said Section 12 to the E1/4 Corner of said Section 11; Thence N89053'24"W, 2602.99 feet along tl"ie South Line of the NE1/4 of said Section 11 to the C1/4 Corner of said Section 11; Thence N89052'43"W, 486.73 feet along the South Line of the SE1/4 of the NW1/4 of said Section 11 to the TRUE POINT OF BEGINNING. Area = 106.000 acres, more or less. 1 11 1= Il l IIIII IIIIII IIIII IIIII IIIII 111111-111 U11,10 IN 2707026 07/15/2999 04:14P Weld -County 50 1 of 6 R 30.00 D 0.00 JA Suki tsukamo!v ('1Q ORDINANCE NO. L/D AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE DEL CAMINO EAST PUD ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Del Camino East PUD Annexation and described in Exhibit A attached hereto, has been filed with the Town Board of the Town of Firestone; and WHEREAS, pursuant to §31-12-108 to -110, the Town Board on December 10, 1998, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published November 4, 11, 18 and 25, 1998, in the Farmer & Miner Newspaper; and WHEREAS, the Town Board, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexations except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Del Camino East PUD Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTROD , READ, PIED, APPROVED, AND ORDERED PUBLISHED IN FULL this �ay of ���1 -- 1998. TOWN OF FIRESTONE, COLORADO Town Clerk 120B98/1352[sjl]c:Fireston\camino.ord EXHIBIT "A" DEL CAMINO EAST PUD ANNEXATION PARCEL A A tract of land located in the SW1/4 of Section 11, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Corner of Section 14, T2N, R68W of the 6th P.M., from which the Northwest Corner of said Section 14 bears 190°00'00"W, 2621.02 feet (Basis of Bearing), thence S90°00100"W, 1310.51 feet along the North Line of the NW1/4 of said Section 14 to the Northwest Corner of the E1/2 of the NW1/4 of said Section 14; Thence continuing S90°00100"W, B.35 feet along the North Line of the NW1/4 of said Section 14; Thence N00°15'5111W, 30.00 feet to the North Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence continuing N00°15'51"W, 2601.05 ¢e,iA; Thence S89°52'28"E, 21.39 feet to the West Line of the E1/2 of the SW1/4 of said Section 11; Thence N00°01'11"E, 34.55 feet along the West Line of the E112 of the SW1/4 of said Section 11 to the Northwest Corner of the E1/2 of the SW1/4 of said Section 11: Thence S89°52'43"E, 1303.98 feet along the North Line of the E1/2 of the SW1/4 of said Section 11 to the C1/4 Comer of said Section 11; Thence S00°07'14"E, 2632.77 feet along thc-,� East Line of the SW1/4 of said Section 11 to the North Right-of-way Line of said Road No. 22; Thence S90°00'00"W, 1318.93 feet along the North Right-of-way Line of said Road No. 22 to the TRUE POINT OF BEGINNING. Area = 79.941 acres, more or less. PARCEL B A tract of land located in the E1/2 of the NW1/4 and in the W1/2 of the NE1/4, all of Section 14, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Comer of said Section 14, from which the Northwest Corner of said Section 14 bears S90°DO'00"W22ad SectioB 14 to t 2 feet (asis of B Sou h), thence Right of-way0 One ofERaadONof 22 along the East Line of the NW114ofsa and the TRUE P01NT OF BEGINNING; Thence S90°00'00"W, 802.29 feet along the South Right-of-way Line of said Road No. 22 to the East Line of Lot A of RECORDED EXEMPTION NO. 1313-14-2-RE1400, a Recorded Exemption located in the E1/2 of the NW1/4 of said 'Section 14, County of Weld, State of Colorado, according to the plat recorded in Book 1344 as Reception No. 2297301 of the records of Weld County, Colorado; -I IIIIII Itlll Illltl �IIII IIIII �Illl Illill 111 11111 IN IN 2707026 07/15/1999 04:14P Wald County CO 2 of 6 R 30.00 D 0.00 ,IA Sukl Tsukamoto I I�llll IIIII IIIIII illll lllll IIIII llllll III IIIl III! III 2707026 07/15/1999 04:14P Weld County CO 3 of 6 R 30.00 0 0.00 3A 5uk1 Tsukamoto Thence S00°15'47"E, 297.70 feet along the Last Line of Lot A of said RECORDED EXEMPTION No. 1313-14-2-RE1400 to an angle point thereof; Thence S64°18'44"W, 492.53 feet along the Southeasterly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to an angle point thereof; Thence S81 °06'37"W, 64.07 feet along the Southerly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to the West Line of the E1/2 of the NW114 of said Section 14; Thence SOO°15'33"E, 2107.72 feet along the West Line of the E1/2 of the NW114 of said Section 14 to the Southwest Comer of the E1/2 of the N)N114 of said Section 14; Thence N89°57'04"E, 1303.92 feet along the: South Line of the E1/2 of the NW1/4 of said Section 14 to the C1/4 Corner of said Section 14; Thence N89°55'17"E, 1317.54 feet along the South Line of the NE1/4 of said Section 14 to the Southeast Corner of the W1/2 of the NE1/4 of said Section 14; Thence N00018'06"W, 2624.12 feet along the, East Line of the W1/2 of the NE1/4 of said Section 14 to the South Right-of-way Line of said Road No. 22; Thence N89"55'19"W, 1309.11 feet along the South Right-of-way Line of said Road No. 22 to the East Line of the NW114 of said Section 14 and the TRUE POINT OF BEGINNING. Area = 153.159 acres, more or less. Total Area = 233.100 acres, more or less. l ItlIII tllll IIlIlI Illll 111lI lull !lull III IIIII llli Ill! 2707026 07/15/1900 04:14P Weld County CO i 4 of 6 R 30.00 D 0.00 JA Suki Tsukamol.o FLOCK 1 A tract of land located in the SW1/4 of Section 11, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N114 Comer of Section 14, T2N, R68W of the 6th P.M., from which the Northwest Corner of said Section 14 bears �E-;90°00'00"W, 2621.02 feet (Basis of Bearing), thence S90°00'00"W, 1310.51 feet along the North Line of the NW114 of said Section 14 to the Northwest Corner of the E1/2 of the NW114 of said Section 14; Thence continuing S90°00'00"W, 8.35 feet along the North Line of the NW114 of said S���E n 14; Thence OF BEGINNING;"W, 30.00 feet to the North Right-of-way Line of Road No. 22 and the _, Thence continuing N00°15'51"W, 2601.05 feet; Thence S89"52'28"E, 21.39 feet to the West Line of the E112 of the SW1/4 of said Section 11-' Thence N00°01'11"E, 34.55 feet along the West Line of the E1/2 of the SW114 of said Section 11 to the Northwest Corner of the E112 of the SW1/4 of said Section 11; Thence S89"52'43"E, 1303.98 feet along the North Line of the E1/2 of the SW1/4 of said Section 11 to the C114 Corner of said Section 11; Thence S00007'14"E, 2632.77 feet along the East Line of the SW1/4 of said Section 11 to the North Right-of-way Line of said Road No. 22; Thence S90"00'00"W, 1318.93 feet along the North Right-of-way Line of said Road No. 22 to the TRUE POINT OF BEGINNING. Area = 79.941 acres, more or less. BLOCK 2 A tract of land located in the W1/2 of the NE:1/4 of Section 14, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N114 Corner of said Section 14, from which the Northwest Corner of said Section 14 bears Sg0900100"W, 2621.02 feet (Basis of Bearing), thence S00°07'03"E, 30.00 feet along the East Line of the NW114 of said Section 14 to the South Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence continuing S00107'03"E, 2627.68 faet along the East Line of the NW114 of said Section 14 to the C1/4 Corner of said Section 14, Thence N89"55'17"E, 1317.54 feet along the South Section of the NE114 of said Section 14 to the Southeast Corner of the W1/2 of the NE1/4- of said I Il�III !!II! IIIIlI lIII _� 2707026 07 1 ! !IIlI lIIII !II!!I III !!I!I lIII I!!I County 3 of 6 R 30.00D90.00:JA SukidTsuksmotoD Thence N00°18'06"W, 2624.12 feet along the East Line of the W112 of the NE114 of said Section 14 to the South Right-of-way Line of said Road No , Thence N89°55'19"W, 1309.11 feet along the South Right-of-way Line of said Road No. 22 to the East Line of the NW1/4 of said Section 14 and the TRUE POINT OF BEGINNING. Area = 79.170 acres, more or less. E;3LOCK 3 A portion of Lot B of RECORDED EXEMPTION NO. 1313-14-2-RE1400, a Recorded Exemption located in the E112 of the NW114 of Section 14,T kN13448W of theas Rec plan No. 22973 1 of theth P.M., County of drecards , State of Colorado, according to the plat recorded in Book of Weld County, Colorado, described as follows: ;+ COMMENCING at the N114 Comer of said a,,,ection 14, from which the Northwest Corner of said Section 14 bears S90°00'00"W, 2621.02 feet (Basis of Bearing), thence S00007'03"E, 30.00 feet along the East Line of the NW114 of said Section 14 to the South Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence continuing S00007'03"E, 749.17 feet along the East Line of the NW114 of said Section 14; Thence N78°29'28"W, 145.13 feet to a point of curve to the right; Thence Northwesterly, 259,47 feet along the arc of said curve to a point tangent, said arc having a radius of 700.00 feet, a central angle of 2'1°14'16", and being subtended by a chord that bears N67052'20"W, 257.98 feet; Thence N57"15'12"W, 244.28 feet; Thence N48009'52"W, 289.66 feet to th( Southeast Corner of Lot A of said RECORDED EXEMPTION NO, 1313-14-2-RE1400; Thence N00015'47"W, 297.70 feet along the East Line of Lot A of said RECORDED EXEMPTION No. 1313-14-2-RE1400 to he South Right-of-way Line of said Road No. 22; Thence N90000'00"E, 802.29 feet along the South Right-of-way Line of said Road No. 22 to the East t Line of the NW114 of said Section 14 and the TRUE POINT OF BEGINNING. Area = 10.703 acres, more or less. BLOCK 4 A portion of Lot B of RECORDED EXEMPTION NOR68W-of the 6th P.M.County o Weld State Recorded Exemption located in the E112 of the NW114 of Section 14, T2 , of Colorado, according to the plat recorded in Book 1344 as Reception No. 2297301 of the records of Weld County, Colorado, described as follows: I I!lIII !!II! IIlIlI !II 27070 I! !IIlI !IIlI !II!!I Ill !!11! lIII l!!I 26 07/15/1999 04:14P Weld County CO i 6 of 6 R 30.00 0 0.00 JA SAL Tsukamol,o COMMENCING at the N114 Corner of said Section 14, Bearing)hithence S00°07'03"Ethe Northwest r 30.00 feet Section 14 bears ner of said S90°00'00"W, 2621.02 feet Basis of Right-of-way Line of RoaNo. 22; along the East Line of the NW114 of said Section 14he Easo theSLineouthof the NW1 4 of said Section 14 to Thence continuing S00 07 03 E, 749.17 feet along the TRUE POINT OF BEGINNING; Thence N78°29'28"W, 145.13 feet to a point of curve to the right; Thence Northwesterly, 259.47 feet along the �!14'16"of said curve to a point and being subtended by chord, said rthat bears having a radius of 700.00 feet, a central angle of 21 , N67052'20"W, 257.98 feet; Thence N57°15'12"W, 244.28 feet; the Southeast Corner of Lot A of said RECORDED Thence N48°09'52"W, 289.66 feet to EXEMPTION NO. 1313-14-2-RE1400; Thence S64°18'44"W, 492.53 feet along the Southeasterly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to an angle point thereof; Thence S81 °06'37"W, 64.07 feet along the Southerly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to the VVest Line of the E112 of the NW114 of said Section 14; Thence S00°15'33"E, 2107.72 feet along the West Lineof d She E11on 14;f the NW114 of said Section 14 to the Southwest Corner of the E112 of the NW114 of said Thence N89°57'04"E, 1303.92 feet along the South Line of the E112 of the NW114 of said Section 14 to the C114 Comer of said Section 14; Thence N00007'03"W, 1878.51 feet along the East Line of the NW114 of said Section 14 to the TRUE POINT OF BEGINNING. Area = 63.287 acres, more or less. �j �Od ��llo �Ds"mil/ I IlIIII iill! IIIIII IIIII IIIII 2707029 07/13/1999 04:24P Weld County CO 1 of 7 R 33.00 D 0.00 JA Sukl Tsukamot.o --- ORDINANCE NO. ��d' oq AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE DEL CAMINO EAST PUD ANNEXATION. WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Del Camino East PUD Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the landowners of the property requested a Planned Unit Development zoning classification and have submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, a Planned Unit Development zoning classification is consistent with the Town' s plan for the area encompassed by the Del Camino East PUD Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: section 1. That certain property known as the Del Camino East PUD Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned PUD - Planned Unit Development Zone District pursuant to the zoning ordinances of the Town and in accordance with the Del Camino East PUD Outline Development Plan approved by the Board of Trustees and on file with the Town, and the Town zoning map shall be amended accordingly. INTRODUQED, READ, ^PTE�, APPROVED, AND ORDERED PUBLISHED IN FULL thisday of 1998. 1 7029 07/15/1999 �o III y COII�� 04,24P Weld County C f 7 R 35.00 D 0.00 JA Suki Taukamoko Attest: , T. Peterson Town Clerk 120898/1357[sjl]c:Fireston\Caminol.ord 2 TOWN OF FIRESTONE, COLORADO 111111113 111111111111111111111111111111111111111 IN 2707029 07/15/1999 04:24P Weld County CO 3 of 7 R 35.00 D 0.00 JA Suki Tsukamoto EXHIBIT "A DEL CAMINO EAST PUD ANNEXATION PARCEL A A tract of land located in the SW1/4 of Section 11, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Corner of Section 14, T2N, R68W of the 6th P.M., from which the Northwest Corner of said Section 14 bears (:390-00'00"W, 2621.02 feet (Basis of Bearing), thence S90°00'0011W, 1310.51 feet along the North Line of the NW1/4 of said Section 14 to the Northwest Corner of the E1/2 of the NW1/4 of said Section 14; Thence continuing S90°00'00"W, 8.35 feet along the North Line of the NW1/4 of said Section 14; Thence N00°15'51"W, 30.00 feet to the North Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence continuing N00° 15'51 "W, 2601.05 feet; Thence S89"52'28"E, 21.39 feet to the West Line of the E1/2 of the SW1/4 of said Section 11; Thence N00°01'1 VE, 34.55 feet along the West Line of the E1/2 of the SW1/4 of said Section 11 to the Northwest Corner of the E1/2 of the SW1/4 of said Section 11; Thence S89°52'43"E, 1303.98 feet along the North Line of the E1/2 of the SW1/4 of said Section 11 to the C1/4 Corner of said Section 11', Thence S00°07'14"E, 2632.77 feet along the;: East Line of the SW1/4 of said Section 11 to the North Right-of-way Line of said Road No. 22; Thence S90°00'00"W, 1318.93 feet along the North Right-of-way Line of said Road No. 22 to the TRUE POINT OF BEGINNING. Area = 79.941 acres, more or less. PARCEL B A tract of land located in the E1/2 of the NW1/4 and in the W1/2 of the NE1/4, all of Section 14, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Corner of said Section 14, from which the Northwest Corner of said Section 14 bears S90100'00"W, 2621.02 feet (Basis of Bearing), thence S00°07'03"E, 30.00 feet along the East Line of the NW1/4 of said Section 14 to the South Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence S90000'00"W, 802.29 feet along ttie South Right-of-way Line of said Road No. 22 to the East Line of Lot A of RECORDED EXEMPTION NO. 1313-14-2-RE1400, a Recorded Exemption located in the E112 of the NW1/4 of said lraection 14, County of Weld, State of Colorado, according to the plat recorded in Book 1344 as Reception No. 2297301 of the records of Weld County, Colorado; i i11i1 illill i11i1 111 illll ilil IIII liilll iilli Ililll IIII 2707029 07/13/1999 04.24P Weld County Co 4 of 7 R 35.00 D 0.00 JA Suki Tsukamoi.o J Thence S00°1547"E, 297.70 feet along the East Line of Lot A of said RECORDED EXEMPTION No. 1313-14-2-RE1400 to an angle point thereof; Thence S64°18'44"W, 492.53 feet along the Southeasterly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to an angle point thereof; Thence S81°06'37"W, 64.07 feet along the Southerly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to the West Line of the E1/2 of the NW114 of said Section 14; Thence S00015'33"E, 2107.72 feet along the West Line of the E1/2 of the NW114 of said Section 14 to the Southwest Comer of the E112 of the NW114 of said Section 14; Thence N89°57'04"E, 1303.92 feet along the.: South Line of the E1/2 of the NW114 of said Section 14 to the C1/4 Corner of said Section 14; Thence N89055'17"E, 1317.54 feet along the South Line of the NE1/4 of said Section 14 to the Southeast Corner of the W1/2 of the NE1/4 of said Section 14; Thence N00"18'06"W, 2624.12 feet along the East Line of the W1/2 of the NE1/4 of said Section 14 to -the South Right-of-way Line of said Road No. 22; Thence N89055'19"W, 1309.11 feet along the South Right-of-way Line of said Road No. 22 to the East Line of the NW114 of said Section 14 and the TRUE POINT OF BEGINNING. Area = 153.159 acres, more or less. Total Area = 233.100 acres, more or less. 111i111 iilll Ililll illll IIIII Illll I�I�IIIIIIIII 1 III 2707029 07/15/1999 04:24P Weld County. CO 7 of 7 R 35.00 0 0.00 JA Sukl Tsukamoto COMMENCING at the N114 Corner of said Section 14, from i�which the S0hwest "Corner of feet Section 14 bears S90°00'o0"W, 2621,02 feet (Basis o aenc g) along the East Line of the NW114 of said Section 14to the he South oflthe-NW114 of said Sectiof-way Line of on 14 to Thence continuing S00 07 03 E, 749.17 feet along t East the TRUE POINT OF BEGINNING; Thence N78°29'28"W, 145.13 feet to a point of curve to the right; t, said c having a Thence Northwesterly, 259.47 feet along the ' jc4�16,saa curve be ng subtended byna chordrthat bears radius of 700.00 feet, a central angle of 2 , N67°52'20"W, 257.98 feet; Thence N57°15'12"W, 244.28 feet; Thence N48°09'52"W, 289.66 feet to the Southeast Comer of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400; Thence S64°18'44"W, 492.53 feet along the Southeasterly Line of Lot A of said RECORDED EXEMPTION NO. 1313-14-2-RE1400 to an angle point , Thence S81°06'37"W, 64.07 feet along the Sonehof theerly LE1l2 of the NW114 of sine of Lot A of aid SectionDl4D EXEMPTION NO. 1313-14--RE1400 to the West L Thence S00°15'33"E, 2107.72 feet along the West Line of theE1l14;f the NW114 of said Section 14 2 to the Southwest Corner of the E112 of the NW114 of said Section Thence N89057'04"E, 1303.92 feet along the hSouth Line of the E112 of the NW114 of said Section 14 to the C114 Comer of said Section 14; Thence N00007'03"W, 1878.51 feet along the East Line of the NW114 of said Section 14 to the TRUE POINT OF BEGINNING. Area = 63.287 acres, more or less. A �. ��� v/9� �° ��S a!% �- IIIIIIIIIII�llllllllll Il�llllllilll IIII IIII `, I Il111111111 2707029 07/15/1999 04:24P Weld County CO 5 of 7 R 35.00 D 0.00 JA 5ukf Yaukamoto -- — - - - -- - EX1;11B1TB j.',' 1 A tract of land located in the SW1/4 of Section 11, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N1/4 Corner of Section 14, T2N, R68W of the 6th P.M., from which the Northwest Corner of said Section 14 bears Sgo-00100"W, 2621.02 feet (Basis of Bearing), thence S90°00'00"W, 1310.51 feet along the North Line of the NW114 of said Section 14 to the Northwest Corner of the E1/2 of the NW1/4 of said Section 14; Thence continuing S90000'00"W, 8.35 feet along the North Line of the NW1/4 of said Section E POINT OF BEGINNING;1tW, 30.00 feet to the North Right-of-way Line of Road No. 22 and the T Thence continuing N00°15'51"W, 2601.05 feet; Thence S89°52'28"E, 21.39 feet to the West Line of the E1/2 of the SW1/4 of said Section 11; Thence N00°01'11" E, 34.55 feet along the West Line of the E112 of the SW114 of said Section 11 to the Northwest Corner of the E1/2 of the SW114 of said Section 11; Thence S89°52'43"E, 1303.98 feet along the North Line of the E112 of the SW1/4 of said Section 11 to the C1/4 Corner of said Section 11; Thence S00°07'14"E, 2632.77 feet along the East Line of the SW1/4 of said Section 11 to the North Right-of-way Line of said Road No. 22; Thence S90000'00"W, 1318.93 feet along the North Right-of-way Line of said Road No. 22 to the TRUE POINT OF BEGINNING. Area = 79.941 acres, more or less. BLOCK 2 A tract of land located in the W1/2 of the Nk;_1/4 of Section 14, T2N, R68W of the 6th.P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the N114 Corner of said Section 14, from whictherhe Northwest ice S00°07'03"ECorner 30.00 feet of said Section 14 bears S90°00'00"W, 2621.02 feet (Basis of Bearing), along the East Line of the NW1/4 of said Section 14 to the South Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence continuing S00007'03"E, 2627.68 feet along the East Line of the NW114 of said Section 14 to the C1/4 Corner of said Section 14; Thence N89°55'17"E, 1317.54 feet along the South Line � f the NE1/4 of said Section 14 to the Southeast Corner of the W112 of the NE1/4 of said l Illlll Illll Illlll Illll illll Illlll Illll 111 �Illl Illl IIII 'a 2707029 07/15/1999 04:24P Weld County CO 6 of 7 It 35.00 D 0.00 JA Sukt tsukamoto Th ence N00018'06"W, 2624.12 feet along the East Line of the W1/2 of the NE1/4 of said Section 14 to the South Right-of-way Line of said Road No. 22; Thence N89°55'19"W, 1309.11 feet along the South Right-of-way POINT OF BEGINNING.idRoad No. 22 to the East Line of the NW1/4 of said Section 14 and the TRUE Area = 79.170 acres, more or less. E:&_QCK 3 A portion of Lot B of RECORDED EXEMPTION NO. 1313-14-2-RE1400, R68W of the 6th P.M., aCounty oRecordf WeldmState ption located in the E1/2 of the NW1/4 of Section 14, T N of Colorado, according to the plat recorded in Book 1344 as Reception No. 2297301 of the records of Weld County, Colorado, described as follows: COMMENCING at the N1/4 Corner of said Section 14, from whictherhice orthwe'03"Corner of said feet Section 14 bears S90°00'00"W, 2621.02 feet (Basis of Bearing), along the East Line of the NW114 of said Section 14 to the South Right-of-way Line of Road No. 22 and the TRUE POINT OF BEGINNING; Thence continuing SOO"07'03"E, 749.17 feet along the East Line of the NW1/4 of said Section 14; Thence N78°29'28"W, 145.13 feet to a point of curve to the right; said Thence Northwesterly, 259.47 feet along the arc �f6"s id curve to a point and being subtended by tangent, chord bears having a radius of 700.00 feet, a central angle of 2114,, N67052'20"W, 257.98 feet; Thence N57"15'12"W, 244.28 feet; Thence N48°09'52"W, 289.66 feet to the Southeast Corner of Lot A of said RECORDED EXEMPTION N0, 1313-14-2-RE1400; Thence N00°15'47"W, 297.70 feet along the East Line of Lot A of said RECORDED EXEMPTION No. 1313-14-2-RE1400 to the South Right-of-way Line of said Road No. 22; Thence N90000'00"E, 802.29 feet along the South Right-of-way Line of said Road No. 22 to the East Line of the NW1/4 of said Section 14 and the TRUE POINT OF BEGINNING. Area = 10.703 acres, more or less. BLBL^ CK 44 A portion of Lot B of RECORDED EXEMPTION NOR68W-of the 6th P M. aCounty of Weld Stake Recorded Exemption located in the E1/2 of the NW1/4 of Section 14, T2N, of Colorado, according to the plat recorded in Book 1344 as Reception No. 2297301 of the records of Weld County, Colorado, described as follows: q ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.16.070 OF THE FIRESTONE MUNICIPAL CODE TO REVISE .CERTAIN CONSTRUCTION STANDARDS FOR ROOF OVERHANGS AND LANDSCAPING STANDARDS FOR FRONT LAWN INSTALLATIONS IN NEW SUBDIVISIONS. WHEREAS, C.R.S. §31-23-301 et sea. authorizes the Town to establish zoning districts within the Town; and WHEREAS, C.R.S. §24-67-101 et sea. authorizes the Town to allow for planned unit developments within the Town; and WHEREAS, pursuant to such authorities, the Town has established zoning districts, zoning regulations and planned unit development regulations, as set forth in Title 17 of the Firestone Municipal Code and the Firestone Development Regulations; and WHEREAS, the Town has developed and established and continues to develop and establish regulations and standards for residential, commercial and industrial development with in the Town; and WHEREAS, by Ordinance No. 374, the Town .adopted certain construction, design and landscaping standards for all new residential dwellings, including standards for roof overhangs and installation of front lawn areas in new subdivisions;.and WHEREAS, the City desires to revise the standards for roof overhangs to better address differing construction methods, and the standards for front lawn installations in new subdivisions to further clarify the required timing of such installations; and WHEREAS, the Board of Trustees finds that such revisions are consistent with and in furtherance of the standards for development plan approval set forth in the Firestone. Municipal Code and the Firestone Development Regulations; and WHEREAS, the Board of Trustees finds that such revisions are consistent with and in furtherance of the residential zone district designations and regulations existing within the Town; and WHEREAS, the Board of Trustees finds that such revisions will further the public health, safety, and general welfare for the purposes set forth in C.R.S. §24-67-102(c) through (j) and C.R.S. §31-23-301 et seq.; and WHEREAS, all required notices and public hearings concerning this ordinance have been provided. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE; COLORADO: 1 „ ,: Section 1. Subsection H of Section 17.16.070 of the Firestone Municipal Code is 'hereby amended to read as follows (words to be added; words to be deleted are ):. 17.16.070 Additional standards for R-1 R-2 and R-3 districts and residential land use categories within PUD districts. H. All dwelling roofs shall have the following minimum characteristics: 1. A minimum of three roof planes per building, to add articulation. 2. A pitch of not less than four inches in twelve inches. 3. Eighty percent of all eves shall protrude from the exterior wall (not including the width of any gutter) no less than 12 inches. This minimum overhang shall apply to all roofs, irrespective of pitch. t4tL- standards-indica pie-l=W .. a on roof pite eT_ of. it /'1 `l_ the - - ei hang r.g shallbe4 �nehes . b. en reef p1behes ef 5/12 the everhang shall be 24 rnebes. C!. on roof pitehes ef 6/12 the overhang shall be 24 inehes d. On roof pitches of 7/12 the 6verhang sL.te` 18 isehes . . e. rrrPlirf lr4l-tehPs--rn--rrr1i_ ..--._ eve -hang shall be 16 inehes. ERpitches—ef _.9I12 he _ e_S..ang shall b14-zirerxe.r. shall be 12 inches. shall l be 12 inehs. 1. E)n reef pitehes of 12 until vertieal) the everhang shall be 12 inehes. Section 2. Subsection L of Section 17.16.070 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are strieken threugh): 17.16.070 Additional standards for R-1. R-2, and R-3 districts and residential land use categories within PUD districts L. For any new subdivision filing, as developed, f ront lawn areas shall be installed as seed or sod in the front yard. Sod must be installed_ prior to the Town issuing a certificate of occupancy:_ $Ind if seed is used rather than sod, then the seed must be significantly established prior to the Town issuing a certificate of occupancy. However, a certificate of occupancy may be issued by the Town prior to the seed being significantly.. 2 established if an automatic sprinkler system has been installed with an electronic timer. Further, if weather conditions do not allow for installation of sod - or --significant establishment of seed at the time a certificate of occupancy could otherwise be issued, then the Town Administrator or the Town Building Official maX rant an extension not to exceed 180 days. for the sod to be installed or seed to be significantly established_ These requirements may be waived or reduced by the Board if it determines that such a requirement would be inappropriate based on relevant considerations including, but not limited to, the size of the lots or potable water conservation reasons. Section_ 2. Any person who violates any provision of this ordinance shall be punished by a fine of not more than $999.00 or by imprisonment not to exceed 1 year or both such fine and imprisonment. Each day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person shall be a separate offense. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the 'validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ,]�p PTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ���day of �r�c�r/ --- 1998. TOWN OF FIRESTONE, COLORADO Rick Patterson Mvor Attest: T 0, MIs : I SEAL Trudy Peterson `� Town C 1 e rk � L (hv � GO 121498/1031[sjl]c:Fireaton\Hausingl.ord 3 14, ORDINANCE NO.�Ild TOWN OF FIRESTONE, COLORADO AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 1999 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 10, 1998, and; WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to the total proposed expenditures as set forth in said budget, and; WHEREAS, it is required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE,.BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, to each fund, for the purposes stated: General Fund Total General Fund $508,547 Park Fund Total Park Fund $ 241371 Conservation Trust Fund Total Conservation Trust Fund $ 0 Street and Highway Fund Total Street and Highway Fund $118,248 Water Fund Total Water Fund $790,946 Capital Improvement Fund Total Improvement Fund $ 0 Debt Service Fund Total Debt Service Fund $ 55,917 Town Hall Construction Fund Total Town Hall Construction Fund $875,000 APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS TENTH DAY OF DECEMBER, 1998. ORDINANCE N0. 7�� AN ORDINANCE CONCERNING THE TOWN RESERVE .POLICE FORCE WHEREAS, the Board of Trustees desires to clarify by ordinance certain matters regarding the Town reserve police force. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.52 of the Firestone Municipal Code is amended by the addition of a new section 2.52.040, to read as follows: 2.52.040 Reserve Officer Force. Subject to the approval of the commissioner of law enforcement, the chief of police may establish not more than three (3) positions in the Town police reserve. Reserve members shall perform such duties as may be assigned by the chief of police or, in the chief's absence, the highest ranking officer. Reserve members shall serve without compensation and shall serve on duty when called into service by the chief of police or, in the chief s absence, by the highest ranking officer. Reserve members may be reimbursed at the Town's discretion for authorized out-of-pocket expenses incurred in the course of duty. The position of reserve officer is volunteer in nature and such relationship may be severed by the chief of police at any time, with or without cause. Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, AD PTED, APPROVED, AND ORDERED PUBLISHED IN FULL this &itchy of 1998. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 1 Attest: EST pj+0` T. L. Peterson MO., J r� Town Clerk 121698/1119[sjl]c:Firestcn\Reserve.ord 2. ' 1 ' ORDINANCE NO. AN ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION FRANCHISE FOR A PERIOD OF SIX (6) MONTHS.. WHEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted 'a cable television franchise which is currently held by TCI Cablevision of Colorado, Inc.; and WHEREAS, by .Ordinance No. 321 dated January 12f, 1996,- the town granted an extension of the term of the cable television franchise for a period of one year to allow additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 351 dated January 9, 1997, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 370 dated July 24, 1997, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 384 dated January 8, 1998, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more ' additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 403 dated September 10, 1998, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; WHEREAS, the Town and TCI Cablevision of Colorado, Inc. desire to further extend the term of the cable television franchise for a period of six (6) additional months to allow more additional time to proceed with the franchise renewal process. NOW, THEREFORE, BE IT ORDAINED BY. THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby approved the temporary extension of the Cable Television Franchise granted, by, Ordinance No. 160, which franchise is currently held by TCI Cablevision of Colorado, Inc., as successor in interest thereto, for a period of six (6) months from its present expiration date of February, 1999 to August 10, 1999.' INTRODUCED READ,. PTED,. APPROVED, AND ORDERED PUBLISHED IN FULL this of , 199Y TOWN OF FIRESTONE, COLORADO yor ATTEST: - .,..• i .L. . eterson, Cleric ~ >� .. �`•• t � t- � • � . a� . R � :fir t • . • ,�, • . 4. � y {• � i • ORDINANCE NO. 413 r AN ORDINANCE AMENDING SECTION 13.08.010.E OF THE FIRESTONE MUNICIPAL CODE, CONCERNING CHARGES AND COSTS RELATED TO WATER TAPS AND CONNECTIONS TO THE TOWN WATER SYSTEM. WHEREAS, the Firestone Municipal Code currently requires that the applicant for a water tap or connection furnish at its sole expense all materials and labor necessary for such tap or connection, except for the water meter; and WHEREAS, to ensure proper functioning of the Town water system, the Town by Ordinance No. 387 required that certain other components used for water taps and connections should be of uniform type and construction and should be installed by the applicant for a tap; and WHEREAS, the Town Board determines that radio.read meters will additionally help ensure efficient and proper functioning of the water system, and should be among the required components of a water connections; and WHEREAS, the Town is authorized by state law, including but not limited to C.R.S. §31-15-708 and C.R.S. §31-35-101 et seq. to regulate the method of connection to the Town water system and the use of such system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection E of Section 2.04.250 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are strieleen threugh): E. All connections or taps shall be made by a licensed plumber and shall be at the sole expense of the applicant. The applicant shall furnish at its sole expense all materials and labor necessary for the tap or connection, except that the Town shall furnish the necessary water meter, the price of which is included in the fee set forth in subsection A of this section, and except that the Town shall also furnish the necessary meter pit, meter pit cover, radio read meter, setter(s) and, where applicable, pressure reducing value(s), the actual costs of which shall be paid to the Town by the applicant at the time of payment of the capital investment charge. The Town Clerk shall maintain and make available upon request the estimated costs of these components. INTRODUCED, READ, MOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ay of 1999. i 1 Attest. .L. Peterson Town Clerk 611799/744[sjl]c:Fireston\Watermet.ord TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor :STOr i o Q %�'� ' �O OOVN7Y ,. GOB 2 9 -- � I IIIIII Ilill Illlll iilll III itlllt Ilitlll �I�Iliil IIII liil 2667492 01/18/1999 12:21P Weld County CO - 1 of I 6.00 D 0.00 JA Sukf 7aukamoto ORDINANCE NO. / AN ORDINANCE AMENDING TOWN OF FIRESTNE ORDINANCE NO. 318 WHEREAS, the Board of Trustees of the Town of Firestone on November 9, 1995, passed Ordinance No. 318, entitled "AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE GILLESPIE ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO," a copy of which Ordinance is attached hereto and incorporated herein by reference; and WHEREAS, it has come to the Towns attention that such annexation is and should be referred to as the Russell Annexation to the Town of Firestone, and that the title of Ordinance No. 318 should be amended accordingly. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ordinance No. 318, adopted November 9, 1995, and entitled "AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE GILLESPIE ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO,11 is hereby retitled as "AN ORDINANCE APPROVING AN ANNEXATION, KNOWN AS THE RUSSELL ANNEXATION, TO THE TOWN OF FIRESTONE, COLORADO.,- Section 2. Nothing in this Ordinance is intended nor shall be construed to impair, alter, delay, or otherwise affect the annexation previously accomplished by Ordinance No. 318. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODU ED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of �. �, 1999. i TOWN OF FIRESTONE, COLORADO Rick Patterson Attest: L. Peterson Town Clerk 122396/1159[sjl]c:Fireston\Russell.ord i ORDINANCE NO. IP/,� AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE S( 7 FIRESTONE TRAIL FIRST ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO 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, by Resolution, has adopted its findings in regard to the eligibility of such property for annexation to the Town; and WHEREAS, the Town Board is the sole owner of the area proposed to be annexed and such area is not solely a public street or right-- of-way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Firestone Trail First Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. INTRODUCED READ, ADO TED, APPROVED AND ORDERED PUBLISHED IN FULL this day of , 1999. TOWN OF FIRESTONE, COLORADO Attest: T. L. Peterson Town Clerk 012499/843[sjl]c:Fireston\Trail.ord IIIIII.IIIIIIIIIIIIIIIIIIIIIII l� 2676867 03/02/1999 11:18A Weld County CO- I of 2 R 11.00 D 0.00 JA Suki Tsukamotio 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 S89009'2.111E AS DETERMINED BY GPS OBSERVATION, WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S89009'29"E, 29.60 FEET TO A #4 REBAR WITH CAP STAMPED LS31169, SAID REBAR MARKING THE POINT OF BEGINNING; THENCE N00017'48"E, 5289.56 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19, FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION BEARS N88049'44"W, 29.79 FEET, SAID POINT BEING MARKED BY A ##4 REBAR STAMPED LS31169; THENCE ALONG SAID NORTH LINE S88049' 44"E, 150.02 FEET TO A #4 REBAR WITH CAP;STAMPED LS31169; THENCE S00017'48"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, S89009'.21"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. I_ _ - - _- _ II III IIIII Illllll III IIII� IIIti Illi IIIIII IIIII III�II II�� 2676867 03/r/1999 11:18A Weld county Co 2 of 2 R 11.00 D 0,00 JA Suki Taukamoto Y ORDINANCE NO. AN EMERGENCY ORDINANCE REGULATING THE MANAGEMENT OF CERTAIN BUSINESSES WITHIN THE TOWN OF FIRESTONE, COLORADO OR WITHIN ONE MILE BEYOND THE MUNICIPAL LIMITS OF THE TOWN. WHEREAS, C.R.S. §31-15-501(1)(d) authorizes the governing bodies of .municipalities to direct the location and regulate the management and construction of slaughterhouses, packing houses, renderies, tallow candleries., bone factories, soap factories, tanneries, and dairies within the limits of the municipality or within one mile beyond the municipal limits; and WHEREAS, pursuant to such authority, the Town desires to enact certain regulations regarding the location, management and construction of such businesses within the Town limits and within one mile beyond the Town limits; and WHEREAS, the Town Board has determined that such regulations are necessary and appropriate to avoid and mitigate the potential adverse impacts such business may have upon the Town; and WHEREAS, the Town Board has determined that such regulations are in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Title 5 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 5.44 to read as follows: Chapter 5.44 ANIMAL.INDUSTRIES Sections: 5.44.010 Permit --Required. 5.44.020 Definitions. 5.44.030 Application for permit. 5.44.040 Issuance of permit. 5.44.050 Revocation of permit. 5.44.060 Miscellaneous requirements. 5.44.010 Permit --Required. A. No person shall locate or manage any slaughterhouse, packing house, rendery, tallow candlery, bone factory, soap factory, tannery, or dairy within the limits of the Town or within one mile beyond the municipal limits of the Town without 1 first obtaining annually a management permit in compliance with the.provision of this Chapter. 5.44.020 Definitions. A. For purposes of this Chapter only, the following words shall have the following meanings: A. "Animal Unit" means a term and number used to establish an equivalency for various species of livestock. The maximum number of any combination of Livestock and their equivalents which may be managed within a premises subject to this Chapter is as specified in Section 5,44.050. B. "Dairy" means an establishment for the primary production and subsequent sale or distribution of milk and/or milk products. C. "Livestock" means cattle, -bison, mules, burros, llamas, ostriches, elk, horses, swine, sheep, goats, poultry, rabbits. D. "Lot" means the basic development unit, an area with fixed boundaries, used or intended to be used by one building and its accessory use(s), structure(s) and/or building(s). A Lot shall not be divided by any public highway, street, or alley. 5.44.020 Application for permit. A. Application for the permit referred to in Section 5.44.010 shall be made on forms provided by the Town Clerk for that purpose, and shall be accompanied by a permit fee of $150.00. B. The applicant shall furnish the following information on the application: 1. The name, business address and telephone number of the applicant; 2. The address and legal description of the premises for which the application for a permit is being made, together with a copy of the deed, lease or other acceptable proof.of ownership and/or possession of such premises; 3. Where applicable, the types and numbers of animals and animal units which will be kept on the premises; and 4. Such other information as reasonably requested by the Town Clerk. 5.44.030 Issuance__o.r Denial of permit. A. Upon receipt of a complete application, proof that the annual permit fee has been paid, and proof that the application complies with all requirements of this Chapter and with other applicable laws, the Town Clerk shall issue and deliver to the applicant the permit requested.. If the 2 Town Clerk denies a permit under this Chapter, the Town Clerk shall in writing notify the applicant of the specific reasons for denial. Should the applicant object to the denial, an appeal to the Town Board of Trustees must be filed in writing with the Town Clerk within 30 days of transmittal of notice of denial. The Board shall affirm or reverse- the disapproval after notice and hearing. 5.44.040 _Suspension or revocation of permit. A permit may be suspended or revoked for the reasons and in the manner stated.in Chapter 5.04 of this title. 5.44.050 Miscellaneous r_ecuirements. A. In addition to any other requirements of this Code, an application for a permit under this Chapter shall be. granted. only upon a showing that the premises will be managed in compliance with the following requirements: 1- T'hP nrpmi sPs arP in cmmnl i anrP with all applicable building, of the Town for any 2. For Town but within one of Animal Units on i requested shall not acre or portion the the Weld County Ac Animal Unit per aci Units per dot if ti County Estate zone d Lot if the premises Density Residential zone district shall subdivision, and zoning regulations premises located within the Town. ny premises located outside of the nile of the Town limits, the number he premises for which the permit is exceed: four (4) Animal Units per �eof, if the premises is located in cicultural zone district; one (1) e, not to exceed eight (8) Animal premises are located in the Weld .strict; or two (2) Animal Units per are located in the Weld County Low :one district. Animal Units in each be calculated as follows: WELD COUNTY E ESTATE DISTRICT Number of Animals Animal Unit Equivalent Cattle 1 1 Horse 1 1 Swine 1 1 Llama 1 1 Mule 1 1 Burro 1 1 Sheep 2 .5 Goat 2 .5 Poultry 25 .04 Rabbit 25 .04 3 Cattle Bison Mule Burro Llama Ostrich Elk Horse Swine Sheep Goat Poultry Rabbit WELD COUNTY A (AGRICULTURAL) DISTRICT Number of Animals 1 1 l 1 l 1 1 1 5 10 10 50 50 Animal Unit Equivalent 1 1 1 1 1 1 1 1 .2 .1 .02 .02 WELD COUNTY R71 (LOW -DENSITY RESIDENTIAL) DISTRICT Number of Animals Animal Unit Equivalent Cattle 1 1 Horse 1 1 Swine 2 .5 Sheep 5 .2 Goat 5 .2 Poultry 50 .02 Rabbit 50 .02 3. For any premises located within the Town, the maximum amount of Livestock permitted shall. be pursuant to the Firestone Development Regulations. 4. The requirements of subsection A.2 of this section shall not be deemed to prohibit the issuance of" a permit for any premises which, on the effective date of this ordinance, have obtained a final and legally unassailable approval from Weld County to maintain on.the premises animal units in excess of the maximum amounts set forth in subsection A.2. A permit may be issued. for such premises only if the animal units proposed for such premises do not exceed the amounts finally and unassailably approved as of the effective date of this ordinance. 5. Management of the premises shall be in accordance with minimum management requirements, as adopted by the Town Board from time to time by resolution. Such minimum management requirements shall be on file with the Town Clerk, and available to interested persons upon request. 4 Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. Anyperson who violates any provision of this Ordinance shall be punished by a fine of not more than $999.00 or by imprisonment not to exceed 1 year or both such fine and imprisonment. Each day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person shall be a separate offense. Section. 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The Board of Trustees herewith finds, determines, and declares that this ordinance is necessary to the immediate preservation of the public health and safety in order to prevent and mitigate the potential adverse impacts of location and intense operation of the businesses regulated hereunder within the Town or within one mile of the Town limits. This ordinance shall be effective upon adoption and approval by the Mayor if approved by three -fourths of the members of the Town Board. INTRODUCED, 7,',_D#' OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this dayf , 1999. ����TOW�NOF FIRESTONE, COLORADO Attest: A I 01� T.L. eterson Town Clerk 012899/1735[sjl)c:Fireston\8usiness.ord 5 ORDINANCE NO. AN ORDINANCE APPROVING THE DISCONNECTION OF CERTAIN REAL PROPERTY FROM THE TOWN OF FIRESTONE, COLORADO. WHEREAS, on December 10, 1998, there was filed with the Town, pursuant to C.R.S. §31-12-501, in the form of an Intergovernmental Agreement between the Town of Firestone and the Town of Frederick, an application to disconnect certain real property from the boundaries of the Town of Firestone, Colorado; and WHEREAS, the property subject to the application to disconnect consists of approximately 14 acres 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; and approximately 7 acres 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; and WHEREAS, both areas proposed to be disconnected are described more particularly in Exhibits A and B attached hereto; and WHEREAS, pursuant to C.R.S. §31-12-501, the Board of Trustees has given due consideration to the terms of the Agreement; and WHEREAS, the Board of Trustees finds and.determines .that the best interests of the Town and its citizens will not be prejudiced by the disconnection of such property from the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Pursuant to C.R.S. §31-12-501, that certain real property described in Exhibits A and B, attached hereto and incorporated herein by this reference, is hereby disconnected from the Town of Firestone, Colorado. Section 2. The Town Clerk shall file two certified copies of this ordinance in the office of the Weld County Clerk and Recorder, and shall take such other actions as are necessary under C.R.S. §31-12-501 to effect the disconnection of the property. INTRODUCED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of �. 1999. TOWN OF FIRESTONE, COLORADO I��III �IIII III�II �I�III III IIIII �III�II III I�III IIII III i1 2676868 03/02/1999 11:21A Weld County CO 1 of 4 R 21.00 D 0.00 JA Suki Tsukamoto Attest; T.L. Peterson Town Clerk 011199/1059[mkh]c:di.qcon.fstn atterson Mayor c �10� Illlllhillll111111 �- �- �-� Ill 11311111111 2676868 03/02/1999 11:21A Weld County CO 2 of 4 R 21.00 D 0.00 JA Suki Tsukamoto FA 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.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 RELATIVE THERETO. BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 24; THENCE N89°52'39"W, 50.00 FEET TO THE TRUE POINT CF BEGINNING; THENCE S00015'26"W, 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 20; THENCE ALONG.SAID LINE N89052'39"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 NORTR QUARTER CORNER OF SECTION 23; THENCE N89°4.9'13"W, 2395.47 FEET; THENCE NOO°10'47"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 S89052'19"E, 2651.30 FEET TO A POINT 30 FEET NORTH OF THE NORTHWEST CORNER OF SECTION 24; THENCE S89052'39"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. Illfll III flip f Illlfl III f f III IIII IN I 2676868 03/02/1999 11:21A Weld County CO 3 of 4 R 21.00 D 0.00 JA Suki Tsukamoto S 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 S89052'39"E, 30.p0 FEET TO THE TRUE POINT OF BEGINNING; THENCE S00°09'47"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 CORNERiOF SECTION 13; THENCE N89052126"E, 60.00 FEET; THENCE S00007'34"E, 2649.84 FEET TO THE TRUE POINT OF BEGINNING. THE ABOVE DESCRIBED TRACT CONTAINS 7.30 ACRES MORE OR LESS. 2676868 03/02/1999 11:21A Weld County CO 4 of 4 R 21.00 D 0.00 JA Suki Tsukamoto�� ORDINANCE NO. 418 AN ORDINANCE OF THE TOWN OF FIRESTONE, COLORADO, AUTHORIZING THE ISSUANCE OF THE TOWN'S GENERAL OBLIGATION MUNICIPAL BUILDING BONDS IN THE AGGRLGATE PRINCIPAL AMOUNT OF $700,000; PROVIDING FOR THE PAYMENT OF THE BONDS FROM ANY LEGALLY AVAILABLE MONEYS OF THE TOWN, INCLUDING THE PROCEEDS OF All VALOREM TAXES, AND MAKING CERTAIN COVENANTS IN CONNECTION THEREWITH; PROVIDING FOR THE FORM, PAYMENT, AND OTHER DETAILS IN CONNECTION WITH THE BONDS; AUTHORIZING THE EXECUTION OF 0TI-IER AGREEMENTS AND DOCUMENTS IN CONNECTION WITH THE BONDS; AND DECLARING AN EMERGENCY. in.. WHEREAS, the Town of Firestone, Weld County, Colorado (the "Town"), is a duly organized and acting municipality of the State of Colorado, created and operating pursuant to the constitution and laws of the State of Colorado; and WHEREAS, at a special election held in the Town on November 3, 1998, the registered electors of the Town approved the following debt question: SHALL THE TOWN OF FIRESTONE DEBT BE INCREASED $700,000 WITH A REPAYMENT COST OF $1,135,517; AND SHALT, THE TOWN OF FIRESTONE TAXES BE [NCR -EASED $79,050. ANNUALLY, OR BY SUCH LESSER ANNUAL AMOUNT AS MAY BE NECESSARY TO PAY THE TOWN'S DEBT; SUCH DEBT TO CONSIST OF GENERAL OBLIGATION BONDS OR OTHER OBLIGATIONS, ISSUED FOR THE PURPOSE OF ACQUIRING AND CONSTRUCTING A MUNICIPAL SERVICES BUILDING FOR THE TOWN OF FIRESTONE, TO INCLUDE ALL NECESSARY EQUIPMENT. FURNISHINGS AND INCIDENTALS FOR SUCH BUILDING, SUCH DEBT TO BEAR INTEREST AS A MAXIMUM NET EFFECTIVE INTEREST RATE OF 7.25% PER ANNUM, AND TO MATURE OR BE PAYABLE IN NOT MORE THAN 15 YEARS AFTER ISSUANCE; SUCH TAXES TO CONSIST OF AD VALOREM `TAXES LEVIED WITHOUT LIMITATION OF RATE AND IN AMOUNTS SUFFICIENT TO PRODUCE THE ANNUAL TAX INCREASE SET FORTH ABOVE OR SUCH LESSER AMOUNT AS MAY BE NECESSARY., AND SHALL THE PROCEEDS OF ANY SUCH DEBT AND TAXES, AND OTHER MONEY USED TO PAY SUCH DEBT, AND INVESTMENT INCOME THEREON, CONSTITUTE VOTER -APPROVED REVENUE CHANGES AND BE COLLECTED AND SPENT BY THE TOWN NOTWITHSTANDING ANY EXPENDITURE, REVENUE-RAIS[NG, OR OTHER LIMITATION CONTAINED WITHIN ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION, AND WITHOUT LIMITING IN ANY YEAR THE AMOUNT OF OTHER REVENUES THAT MAY BE COLLECTED AND SPENT BY THE TOWN? -2- WfIEREAS, the returns of said election were duly canvassed and the result thereof duly declared; and WHEREAS, the Town has not authorized nor issued any indebtedness pursuant to said November 3, 1998, authorization; and F4 WHEREAS, the Board of Trustees (herein sometimes called the "Board") has heretofore determined and declared the necessity. of acquiring and constructing a municipal services building for the Town, to include all necessary equipment, furnishings and incidentals for such 14 building (the "Project"), the total estimated cost of which is approximately $700,000; and WHEREAS, there are not sufficient funds on hand in the treasury of the Town for such purposes; and WHEREAS, the ' 10Board has determined and hereby determines that it is in the best interests of the Town, and the inhabitants and taxpayers thereof, that bonds be issued in the total principal amount of $700,000 for the Project; and 14 WHEREAS, the Town caused the distribution of the Official Statement and Notice of Bond Sale for the public sale of the bonds to all interested parties who wished to submit a bid for the purchase of the bonds; and WHEREAS, following the receipt and opening of the bonds that were received, Kirkpatrick Pettis was the lowest and best bidder for the purchase of the bonds and the Town hereby accepts and awards the sale of the bonds to Kirk atrick Pettis ; and WHEREAS, the Board declares that an emergency exists because it is necessary to deliver the Bonds to the purchaser by March 23, 1999 and the proceeds of the Bonds are necessary to begin constructing the muncipal services building immediately; and WHEREAS, none of the members of the Board have any personal or financial interest or other potential conflicting interests in connection with the authorization, issuance, or sale of the bonds, or the use of the proceeds thereof, nor are any of the members of the Board interested, directly or indirectly, in the profits of any contract or job for work or services to be performed for the Town in connection with the bonds or the Project; and WHEREAS, there has been presented to this meeting of the Board the Official Statement and the form of the Paying Agent and Registrar Agreement (all as defined hereafter); and WHEREAS, the Board desires to authorize the issuance and sale of the bonds and the execution of the foregoing documents; -3- BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. Definitions. As used herein, the following capitalized terms shall have the respective meanings set forth below, unless the context indicates otherwise. s Bonds: the General Obligation Municipal Building Bonds, Series 1999, dated March I, 1999, issued in the aggregate principal amount of $700,000, as authorized by this Ordinance. Bond Account: the "Town of firestone General Obligation Municipal b p Building 'Bond Account, 1999", established by the provisions hereof for the purpose of paying the principal of and interest on the Bonds. Bond Registrar: The Bond Registrars, Inc., in Englewood, Colorado, or its successor, which shall perform the function of registrar with respect to the Bonds. Board: the Board of Trustees who constitute the governing body of the Town. Code: the Internal Revenue Code of 1986, as amended. C.R.S.: the Colorado Revised Statutes, as amended and supplemented as of the date hereof. Event of Default: any one or more of the events set forth in the Section hereof entitled "Events of Default". Federal Securities: direct obligations of (including obligations issued or held in book entry form on the books of), or obligations the principal of and interest on which are guaranteed ')y, the United States of America. Official Statement: the final version of the Preliminary Official Statement. Owner: the registered owner of any Bond, as shown by the registration books maintained by the Bond Registrar. Paying Agent: The Bond Registrars, Inc. in Englewood, Colorado, or its successor, w:aich shall perform the function of paying agent with respect to the Bonds. Paying Agent and Registrar Agreement: the agreement dated as of March 1, 1999, between the Town and the Paying AgentBond Registrar, concerning the registration, transfer, exchange, and payment of the Bonds. 13 t �lF t Project: The accIriisition and construction of a municipal services building fol- the Town, to include all necessary equipment, furnishings and incidentals for such building; ?� r Preliminary Official Statement: the Preliminary Official Statement, dared February 18, 1999, concerning the Bonds and the 'Town. Record Date: the fifteenth (15") day of the calendar month next+preceding each interest payment date. Ordinance: this Ordinance which authorizes the issuance of the Bonds. S ecial Record Date: the record date for determining Bond ownership for purposes of paying defaulted interest, as such date may be determined pursuant to this Ordinance. Town: the Town of Firestone, Weld County, Colorado ".. Section 2. Authorization. In accordance with the Constitution of the State of Colorado; Title 31, Article 15, Part 3, C.R.S.; and all other laws of the State of Colorado thereunto enabling, there shall be issued the Bonds for the purpose of paying the costs of the Project and paying other costs in cotuiection with the issuance of the Bonds. The Bonds shall constitute general obligations of the Town, and the full faith and credit of the Town is hereby pledged for their payment, subject only to such limitations, if any, imposed by Article X, Section 20 of the Colorado Constitution. ,�:attr V+-4 Section 3. Bond Details. The Bonds shall be issued only as fully registered Bonds without coupons in the denomination of $5,000 each or any integral multiple r thereof. Unless the Town shall otherwise direct, the registered Bonds shall be numbered separately s from 1 upward, with the number of each Bond preceded by "R-". The Bonds shall be dated as of March 1, 1999, and shall bear interest at the rates set forth below, calculated oil the basis of a 360-day year of twelve 30-day months, payable '-.Semiannually on each April I and October 1, commencing on October 1, 1999, and shall mature on October I each year, as follows: aturit Principal Amount Interest Rate 14 i999 $30,000 3.50% ,a 2000 30,000 3.75 % yx 2001 30,000 4.00 2002 35,000 4.10 % h 2003 35,000 4.20 % �,�` 2004 40,000 4.30 % { , 2005 40 000 4.40 % 5 r "�;,yt ;�Yk,o,• 2006 45,000 4.50% o� 2007 50,000 4. 60% 2008 50,000 4.65% ;.{ 2009 55,000 4.75% .` 60,000 W 2010 4.85% • ' nt, 2011 65,000 4.95% 2012 65,000 5.05% 2013 70,000 5. 15% 4a The maYiinunl net effective interest rate authorized for this issue of Bonds is 7.50% annum, and the actual net effective interest rate of the Bonds does not exceed such maxiinum Section �l. Payment of_Bondsi_Pa t Agent and I3�iid Registrar. l he `ofti of the Bonds is payable in lawful money of the United States of America to the Owner of `'l6Ch Bond upon maturity or prior redemption and presentation at the principal office of the Paying [ ..?•` ,M Agent The interest on any Bond is payable to the person in whose name such Bond is registered, "-,* his_address as it appears on the registration books maintained by or on belialf of the Town by the y ' `Bond Registrar, at the close of business on the Record Date, irrespective of any transfer or exchange t'dSuch Bond subsequent to such Record Date and prior to such interest payment date; provided that Amy Such interest not so timely paid or duly provided for shall cease to be payable to the person who kn. t his' Owner thereof at the close of business on the Record Date and shall be payable to the person } 4 ��Ws the Owner thereof at the close of business on a Special Record Date for the payment of any l •.• wh.defaulted interest. Such Special Record Date shall be fixed by the Bond Registrar whenever I : moneys become available for payment of the defaulted interest, and notice of the Special Record #' $Mate shall be given to the Owners of the Bonds not less than ten (10) days prior to the Special Record Date by first-class mail to each such Owner as shown on the registration books kept by the } Mond Registrar on a date selected by the Bond Registrar. Such notice shall state the date of the '1*ial Record Date and the date fixed for the payment of such defaulted interest. f' 4*'r Interest payments shall be paid by check or draft of the Paying Agent mailed on or Lr before the interest payment date to the Owners. The Paying Agent may make payments of interest ti #011any Bond by such alternative means as may be mutually agreed to between the Owner of such Bond and the Paying Agent; provided that the Town shall not be required to make funds available tkhe Paying Agent prior to the dates on which such interest would otherwise be payable hereunder, „nR to incur any expenses in connection with such alternative means of payment. ,to The principal of and interest on the Bonds shall be paid in accordance with the terms „+ ,Ofthe Paying Agent and Registrar Agreement. Section 5. Prior Redemption, Bonds maturing on and after October 1, 2005, 4' ON', Subject to redemption prior to maturity, at the option of the Town, as a whole or in integral ' -6- k: ` multiples of $5,000, in inverse order of maturities, on October 1, 2004 and on any interest payment date thereafter, upon payment of par and accrued interest to the redemption date. if less than all of the Bonds within a maturity are to be redeemed on any prior hdemption date, the Bonds to be redeemed shall be selected by lot prior to the date fixed for ' Wemption, in such manner as the Bond Registrar shall determine. The Bonds shall be redeemed „ ,.dgy in integral multiples of $5,000. In the event a Bond is of a denomination larger than $5,000, ;&portion of such Bond may be redeemed, but only in the principal amount of $5,000 or any integral MWdple thereof. Such Bond shall be treated for the purpose of redemption as that number of Bonds ' "-wWch results from dividing the principal amount of such Bond by $5,000. In the event a portion of uy Bond is redeemed, the Bond Registrar shall, without charge to the Owner of such Bond, : ,kVAenticate and deliver a replacement Bond or Bonds for the unredeemed portion thereof. 14 L+` In the event any of the Bonds or portions thereof (which shall be in amounts equal ,$5,000 or any integral multiple thereof) are called for redemption as aforesaid, notice thereof }^ identifying the Bonds or portions thereof to be redeemed will be given by the Bond Registrar by a copy of the redemption notice b first class mail (postageprepaid),not less than thirty "� ;mailing PY p Y (P g ()0) dayaprior to the date fixed for redemption, to the Owner of each Bond to be redeemed in whole or ltpert at the address shown on the registration books maintained by or on behalf of the Town by the } BMW'Registrar. Failure to give such notice by mailing to any Owner, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds as to which no such Vire or defect exists. All Bonds so called for redemption will cease to bear interest after the Weified redemption date, provided funds for their redemption are on deposit at the place of payment at that time. Section 6. Form and Execution of Bonds. The Bonds shall be signed with the f8cblrriile or manual signature of the Mayor of the Town, sealed with a facsimile or manual impression of the seal of the Town, and attested by the facsimile or manual signature of the Town } Clark.' Should any officer whose facsimile or manual signature appears on the Bonds cease to be kc4Affieer before delivery of the Bonds to a purchaser, such facsimile or manual signature shall 100rtheless be valid and sufficient for all purposes. t� The Bonds may contain a reproduction of the opinion of nationally recognized WAW. ipal bond counsel as to the Bonds and a certification of such opinion by the Town Clerk. f . ' The Bonds shall be in substantially the following form: fir r - ! - [Form of Bond] [Front of Bond] UNITED STATES OF AMERICA STATE OF COLORADO COUNTY OF WELD TOWN OF FIRESTONE GENERAL OBLIGATION MUNICIPAL BUILDING BOND, SERIES 1999 ORIGINAL MATURITY DATE ISSUE DATE March 1, 1999 CUSIP ISTERED OWNER: #A: i PRINCIPAL AMOUNT: DOLLARS The Town of Firestone, in the County of Weld and State of Colorado, a political 5 , vision duly organized and operating under the constitution and laws of the State of Colorado, 1 ���fveiue received, hereby acknowledges itself indebted and promises to pay to the registered owner , named above, or registered assigns, on the maturity date specified above or on the date of prior Ademptton, the principal amount specified above. In like manner the Town promises to pay interest otlimh principal amount (computed on the basis of a 360-da ear of twelve 30-daymonths from ., the Interest payment date next preceding the date of registration and authentication of this Bond, tmlessthis Bond is registered and authenticated prior to October 1, 1999, in which event this Bond 'i6n bear interest from March 1, 1999, at the interest rate per annum specified above, payable MY on April I and October 1 each year, commencing on October 1, 1999, until the amount is paid at maturity or upon prior redemption. The principal of this Bond is payable money of the United States of America to the registered owner hereof upon maturity or :mption and presentation at the principal office of The Bond Registrars, Inc., in Englewood, Colorado, o- its successor, as Paying Agent. Payment of each installment of interest shall be made to the registered owner hereof whose name shall appear on the registration books of the Town maintained by or on behalf of the Town by The Bond Registrars, Inc., in Englewood, Colorado, or its successor, as Bond Registrar, et1he close of business on the fifteenth (151h) day of the calendar month next preceding each interest payment date (the "Record Date"), and shall be paid by check or draft of the Paying Agent mailed _g- x'k � t 4 ,.... or before the interest payment date to such registered owner at his address as it appears on such w T ngistration books. The Paying Agent may make payments of interest on any Bond by such J_vve means as may be mutually agreed to between the registered owner of such Bond and the. . t Agent as provided in the ordinance authorizing the issuance of this Bond (the "Bond �•�,, ' Ce ), Any such interest not so timely paid or duly provided for shall cease to be payable to R° & n who is the registered owner hereof at the close of business on the Record Date and shall perso payable to the person who is the registered owner hereof at the close of business on a Special ftwd Date (the "Special Record Date") established for the payment of any defaulted interest. p Nddce of the Special Record Date and the date fixed for the payment of defaulted interest shall be by first-class mail to the registered owner hereof as shown on the registration books on a date O1eCted by the Bond Registrar. If the date for making any payment or performing any action shall be a legal holiday ,'day on which the principal office of the Paying Agent or Bond Registrar is authorized or Bred by law to remain closed, such payment may be made or act performed on the next Ceding day which is not a legal holiday or a day on which the principal office of the Paying nt or Bond Registrar is authorized or required by law to remain closed. REFERENCE IS HEREBY MADE TO FURTHER PROVISIONS OF THIS IND SET FORTH ON THE REVERSE HEREOF, WHICH FURTHER PROVISIONS ALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF FULLY SET FORTH TMS PLACE. This Bond shall not be valid or become obligatory for any purpose or be entitled to Security or benefit under the authorizing Bond Ordinance until the certificate of authentication Son shall have been signed by the Bond Registrar. I } W y, r IN TESTIMONY WHEREOF, the Board of Trustees of the Town of Firestone has �d this Bond to be signed by the manual or facsimile signature of the Mayor of the Town, sealed With 8manual or facsimile impression of the seal of the Town, and attested by the manual or `jjjjWe signature of the Town Clerk thereof, all as of the 1st day of March, 1999. +. r„ Alt UE SEAL) TOWN OF FIRESTONE, COLORADO r t } By: Manual or Facsimile Signature) k Mayor A MTED: ` F v., [Form of Bond Registrar's Certificate of Authentication for Bonds] CERTIFICATE OF AUTHENTICATION This Bond's one of the Bonds of the issue described in the within mentioned Bond of Registration tAtthentication: tt 'Y y qyQ� t ' tp g +il . -10- The Bond Registrars, Inc. Englewood, Colorado, as Bond Registrar By: Authorized Signatory =i �{ [Back of Bond] "ot+ ADDITIONAL PROVISIONS This Bond is one of a series aggregating Seven Hundred Thousand Dollars (VQQ,Q00) par value, all of like date, tenor, and effect except as to number, principal amount, ''4 t �gfa Cate, and date of maturity, issued by the Board of Trustees of the Town of Firestone. in the 46a* of Weld and State of Colorado, for the purpose of acquiring and constructing a municipal Aj 6is building for the Town of Firestone, to include all necessary equipment, furnishings and gltals for such building, by virtue of and in full conformity with the Constitution of the State of Colorado; Title 31, Article 15, Part 3, C.R.S.; and all other laws of the State of Colorado diiemto enabling, and pursuant to the duly adopted Bond Ordinance. ..�k, , +� It is herebv recited, certified, and warranted that all of the requirements of law have "Offully complied with by the proper officers in issuing this Bond. It is hereby further recited and warranted that the total indebtedness of the Town, including that of this Bond, does nbt a tcced any limit prescribed by the constitution or laws of the State of Colorado; and that provisibh has been made for the levy and collection of an ad valorem tax on all of the taxable property within the Town, to the extent other funds are not made available for such payments, SS'ae' ent to pay the principal of and interest on this Bond as the same respectively become due, } d only to such limitations, if any, imposed by Article X, Section 20 of the Colorado Bd6don. The full faith and credit of the Town are hereby pledged for the punctual payment of toprinoipal of and interest on this Bond, subject only to such limitations, if any, imposed by Article Section 20 of the Colorado Constitution. 17 Reference is hereby made to the Bond Ordinance for an additional description of the taste and extent of the security for the Bonds, the accounts and revenues pledged to the payment dkiG£ the rights and remedies of the registered owners of the Bonds, the manner in which the Bond OtMnCe may be amended and the other terms and conditions upon which the Bonds are issued, {Qil 0-6f which are on file for public inspection at the office of the Town Clerk. Bonds of this issue maturing on and after October 1, 2005, are subject to redemption p01t0 maturity, at the option of the Town, as a whole or in integral multiples of $5,000, and if less tire maturity is to be redeemed, then by lot within such maturity, in inverse order of �� n October 1, 2004, and on any interest payment date thereafter, upon payment of par and +vad interest to the redemption date. The Bonds will be redeemed only in integral multiples of $5,000. In the event a Bond denomination larger than $5,000, a portion of such Bond may be redeemed, but only in the ptaClpal amount of $5,000 or any integral multiple thereof. Such Bond will be treated for the P"O" of redemption as that number of Bonds which results from dividing the principal amount nfSA.Bond by $5,000. In the event a portion of this Bond is redeemed, the Bond Registrar shall, A • 5�� ' .ilk; 4thout charge to the registered owner of this Bond, authenticate and deliver a replacement Bond 'orBonds for the unredeemed portion. Notice of prior redemption shall be given by mailing a copy of the redemption notice, tit less than thirty (30) days prior to the date fixed for redemption, to the registered owner of this ` °Bond at the address shown on the registration books maintained by the Bond Registrar, in the np0tier set forth in the Bond Ordinance. All Bonds called for redemption will cease to bear interest ,the specified redemption date, provided funds for their redemption are on deposit at the place of -' ent at that time. 4.Y 'a The Town and Bond Registrar shall not be required to issue or transfer any Bonds: r lj).during a period beginning at the close of business on the Record Date and ending at the opening of business on the first business day following the ensuing interest payment date; or (b) during the Pa od beginning at the opening of business on a date forty-five (45) days prior to the date of any i0 mption of Bonds and ending at the opening of business on the first business day following the Day on which the applicable notice of redemption is mailed. The Bond Registrar shall not be ;+Ocpmd to transfer any Bonds selected or called for redemption, in whole or in part. The Town, the Paying Agent, and the Bond Registrar may deem and treat the ;fsteod owner of this Bond as the absolute owner hereof for all purposes (whether or not this Bond AW be overdue), and any notice to the contrary shall not be binding upon the Town, the Paying -A&4 or the Bond Registrar. s ;;- This Bond may be exchanged at the principal office of the Bond Registrar for a like Mpegate principal amount of Bonds of the same maturity of other authorized denominations. This iond is transferable by the registered owner hereof in person or by his attorney duly authorized in writing, at the principal office of the Bond Registrar, but only in the manner, subject to the Uinitations, and upon payment of the charges provided in the Bond Ordinance and upon surrender md`CanCellation of this Bond. This Bond may be transferred upon the registration books upon dOU*ery to the Bond Registrar of this Bond, accompanied by a written instrument or instruments of b l lferin form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by thiowrier of this Bond or his attorney -in -fact or legal representative, containing written instructions 03 10' the details of the transfer of the Bond, along with the social security number or federal employer identification number of such transferee. In the event of the transfer of this Bond, the Registrar shall enter the transfer of ownership in the registration books and shall authenticate ttnd deliver in the name of the transferee or transferees a new fully registered Bond or Bonds of VW10rized denominations of the same maturity and interest rate for the aggregate principal amount ,i the registered owner is entitled to receive at the earliest practicable time. The Bond Registrar Charge the owner of this Bond for every such transfer or exchange an amount sufficient to 40iibtirse it for its reasonable fees and for any tax or other governmental charge required to be paid nth respect to such transfer or exchange. 't - 12 c "i.T � :p [Form of Transfer for Bonds] ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns, and transfers unto SOCIAL• SECURITY OR FEDERAL EMPLOYER .'., IDENTIFICATION NUMBER OF ASSIGNEE (Name and Address of Assignee) within Bond and does hereby irrevocably constitute and appoint tiF , attorney, to transfer said Bond { .On the books kept for registration thereof with full power of substitution in the premises. k Signature of Registered Owner: NOTICE: The signature to this assignment must correspond with the name of the registered owner as it appears upon the face of the within Bond in every particular, without alteration or enlargement or any change whatever. Signature guaranteed: �r ,w Bank Trust Company, or Firm) I ,i -13- 'r Section 7. Authentication. No Bond shall be valid or obligatory for any purpose 'oC be entitled to any security or benefit under this Ordinance unless and until a certificate of y, Uthen ication on such Bond substantially in the form hereinabove set forth shall have been duly LL:: `ixecuted by the Bond Registrar, and such executed certificate of the Bond Registrar upon any such joad Shall be conclusive evidence that such Bond has been authenticated and delivered under this .dltwttCe. The Bond Registrar's certificate of authentication on any Bond shall be deemed to have } j gtecuted by it if signed by an authorized officer or signatory of the Bond Registrar, but it shall " be necessary that the same officer or signatory sign the certificate of authentication on all of the $at issued hereunder. Section 8. Delivery of Bonds. Upon the adoption of this Ordinance, the Town W "execute the Bonds and deliver them to the Bond Registrar, and the Bond Registrar shall uitiientieate the Bonds and deliver them to the purchasers thereof, as directed by the Town. ,,ft Section 9. Registration, Exchange, and Transfer of Bonds: Persons Treated Pmers, The Bond Registrar shall maintain the books of the Town for the registration of mhip of each Bond as provided in this Ordinance. Bonds may be exchanged at the principal of the Bond Registrar for a like aggregate principal amount of Bonds of the same maturity of authorized,. denominations. Bonds may be transferred upon the registration books upon ry of the Bonds to the Bond Registrar, accompanied by a written instrument or instruments e'er in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed r0wner of the Bonds to be transferred or his attorney -in -fact or legal representative, containing m instructions as to the details of the transfer of such Bonds, along with the social security Cr or federal employer identification number of such transferee. No transfer of any Bond shall eoave until entered on the registration books. Ir , �� In all cases of the transfer of a Bond, the Bond Registrar shall enter the transfer of , dip' in the registration boosts and shall authenticate and deliver in the name of the transferee itsferees a new fully registered Bond or Bonds of authorized denominations of the same Ity,and interest rate for the aggregate principal amount which the registered owner is entitled Ii"'at the earliest practicable time. The Bond Registrar shall charge the Owner of a Bond for such transfer or exchange an amount sufficient to reimburse it for its reasonable fees and for O"* other governmental charge required to be paid with respect to such transfer or exchange. The Town and Bond Registrar shall not be required to issue or transfer any Bonds: itsg'a period beginning at the close of business on the Record Date and ending at the opening aeSs on the first business day following the ensuing interest payment date; or (b) during the `beginning at the opening of business on a date forty-five (45) days prior to the date of any *n of Bonds and ending at the opening of business on the first business day following the i.!Weh the applicable notice of redemption is mailed. The Bond Registrar shall not be �d;to transfer any Bonds selected or called for redemption, in whole or in part. ... NEE 'M New Bonds delivered upon any transfer or exchange shall be valid obligations of the ,.r Town, evidencing the same obligation as the Bonds surrendered, shall be secured by this Ordinance, a..mdW] be entitled to all of the security and benefits hereof to the same extent as the Bonds The Town, the Paying Agent, and the Bond Registrar may deem and treat the g0tered owner of any Bond as the absolute owner thereof for all purposes (whether or not such .3Oad shall be overdue), and any notice to the contrary shall not be binding upon the Town, the 40bg Agent, or the Bond Registrar. Section 10. Cancellation of Bonds. Whenever any Bond shall be delivered to the ►rid Registrar for cancellation pursuant to this Ordinance and upon payment of the principal tot nt and interest represented thereby, or whenever any Bond shall be delivered to the Bond Sistrar for transfer or exchange pursuant to the provisions hereof, such Bond shall be canceled by I$ond Registrar and counterparts of a certificate of cancellation evidencing such cancellation shall ,Arnished by the Bond Registrar to the Town. Section 11. Lost Bonds. Any Bond that is lost, stolen, destroyed, or mutilated :be replaced by the Bond Registrar in accordance with and subject to the limitations of icable law. The applicant for any such replacement Bond shall post such security, pay such y and present such proof of ownership and loss as may be required by applicable law, or in the ace of specific requirements, as may be required by the Bond Registrar. Section 12. Disposition and Investment of Proceeds,• Tax Covenants. The bs,ehall be issued and sold for the purpose of paying the costs of the Project, and paying other ip4fii connection with the issuance of the Bonds. Neither the purchaser nor any subsequent lw M of the Bonds shall be responsible for the application or disposal by the Town or any of its W of the funds derived from the sale thereof. All or any portion of the Bond proceeds may be temporarily invested or reinvested, such use, in securities or obligations which are lawful investments. It is hereby covenanted ed by the Town that it will not make, or permit to be made, any use of the original proceeds Inds, or of any moneys treated as proceeds of the Bonds within the meaning of the Code and le regulations, rulings, and decisions, or take, permit to be taken, or fail to take any action, bald adversely affect the exclusion from gross income of the interest on the Bonds under 103 of the Code and applicable regulations, rulings, and decisions. T.., . The Town hereby designates the Bonds as "qualified tax-exempt obligations" for cs of Section 265(b)(3) of the Code. 4 Section 13. Creation of Account. There is hereby created and established the Fount, which shall be established as a line item account of the Town's general fund and led by the Town in accordance with the provisions of this Ordinance. - 15- Section 14. Initial Credits to Account. immediately upon issuance of the Bonds and from the proceeds thereof, and after payment of the costs of issuing the Bonds, the Town shall +credit to the Bond Account, the accrued interest on the Bonds from the dated date thereof to the date ` 'of issuance, if any. Section 15. Pledge of Ad Valorem -Taxes, Bond Account. There shall be deposited to the Bond Account moneys which, when combined with other moneys therein, will be afficient to pay the principal of and interest on the Bonds when due. Moneys credited to the Bond ;"jAccount shall be used solely to pay the principal of and interest on the Bonds. If necessary, the interest to become due on the Bonds on the first interest payment t�date shall be advanced from any revenues or funds of the Town lawfully available for such purpose. . ` For the purpose of reimbursing said advance and paying the principal of and interest on the Bonds 5'as the same become due and payable respectively, there shall be levied by the Board of County 'Commissioners of the County of Weld, Colorado, on all of the taxable property in the Town, in . r addition to all other taxes, direct annual taxes in each of the years 1999 to 2012, inclusive, sufficient Ito make such reimbursement and pay the principal of and interest on the Bonds as the same become f.,F ue and payable, respectively, to the extent other funds are not made available for such payments, Object only to such limitations, if any, imposed by Article X, Section 20 of the Colorado Constitution. When collected the taxes levied for the purpose of paying the principal of and interest jon the Bonds (less any amounts necessary to repay said advance) shall be deposited in the Bond Account and applied solely for the payment of the principal of and interest on the Bonds, ;v9pectively, until the Bonds, as to both principal and interest, shall be fully paid, satisfied, and discharged; provided however, that nothing herein contained shall be so construed as to prevent the Town from applying any other funds or revenues that may be in the treasury of the Town and ;i'sysilable for that purpose, to the payment of the principal of and interest on the Bonds, and upon the gplication of any other such funds or revenues as aforesaid, the mill levy or levies herein provided 4 '&ay thereupon to that extent be diminished. The foregoing provisions of this Ordinance are hereby declared to be the certificate Of the Board to the Board of County Commissioners of Weld County, Colorado, showing the aggregate amount of taxes to be levied for the purposes aforesaid by said Board of County Commissioners from time to time, as required by law, for the purpose of reimbursing said advance Wpaying the principal of and the interest on the Bonds when due. Z. The amounts necessary to pay all costs and expenses incidental to the issuance of the Bonds and to pay the principal of and interest on the Bonds when due are hereby appropriated for and such amounts as appropriate for each year shall also be included in the annual ''s '" budget and the appropriation bills to be adopted and passed by the Board in each year, respectively, � y 1mdl the Bonds have been fully paid. satisfied, and discharged. 16 - gyp: M1 .X K i. 1t shall be the duty of the Board, annually, at the time and in the manner provided by &<' law for levying other Town taxes, if such action shall be necessary to effectuate the provisions of f this Ordinance, to ratify and carry out the provisions hereof with reference to the levying and Collection of taxes; and the Board shall levy, certify, and collect said taxes in the manner provided by law for the purpose of funding the Bond Account for the payment of the principal of and interest llected, shall be kept for and applied only to the payment of on the Bonds, and said taxes, when co ;the principal of and interest on the Bonds as herein specified. Monevs credited to the Bond Account may be invested or deposited in accordance 4 1Wi'th the laws of the State of Colorado. The investment of moneys credited to the Bond Account F.� y,A. F.8ha�1, however, be subject to the covenants and provisions of Section 12 of this Ordinance. Except to,the extent otherwise required by such Section, all interest income from the investment or 5 n'.,,nvestment of moneys credited to the Bond Account shall remain in and become part of the Bond 4ccount. Section 16. Additional Tar Levies in the Event of Delinquency. Said taxes shall Y,be levied, assessed, collected, and enforced at the time and in the form and manner and with like .interest and penalties as other general taxes in the State of Colorado, and when collected said taxes 4AW1 be paid to the Town as provided by law. In the event any of said levies or the charges that may ' * be made by the Town shall fail to produce an amount sufficient to pay the principal of and interest on the Bonds becoming due in the next succeeding year, the deficit shall be made up in the next levy, `and taxes shall continue to be levied pursuant to the provisions of this Ordinance until the Bonds and '1the interest thereon shall be paid in full, subject only to such limitations, if any, imposed by Article Section 20 of the Colorado Constitution. The Board shall take all necessary and proper steps to ., i ,lenforce promptly the payment of taxes levied pursuant to this Ordinance. { Section 17. Defeasance. When all principal and interest in connection with the fBonds have been duly paid, the pledge and lien and all obligations of the Town hereunder shall ' thereby be discharged and the Bonds shall no longer be deemed to be outstanding within the mean- • �1ig of this Ordinance. There shall be deemed to be such due payment when the Town has placed T. 1MOCrow and in trust with a commercial bank located within or without the State of Colorado, and k :'.exercising trust powers, an amount sufficient (including the known minimum yield from Federal lecurities in which such amount may be initially invested) to meet all requirements of principal, . ,, ,.._ v 4 it M'st and prior redemption premiums, if any, as the same become due to their final maturities or kt�lOn designated prior redemption dates. The Federal Securities shall become due at or prior to the '11�Cspeetive times on which the proceeds thereof shall be needed, in accordance with a schedule tsblished and agreed upon between the Town and such bank at the time of the creation of the w, or the Federal Securities shall be subject to redemption at the option of the holders thereof t4 assure such availability as so needed to meet such schedule. The sufficiency of the escrow shall O determined by a Certified Public Accountant. �o- r - 17 - ,k Section 18. Events of Default. The occurrence or existence of any one or more the following events shall be an Event of Default hereunder: a payment of the principal of or redemption premium on any Bond is not made by`the Town when due; e a (b) payment of any interest on any Bond is not made by the Town when due; .F (c) the Town defaults in the performance of any other of its covenants in this Ordinance, and such default continues for sixty (60) days after written notice specifying such default jjud requiring the same to be remedied is given to the Town by the Owners of twenty-five percent (0%) in aggregate principal amount of the Bonds then outstanding; or (d) the Town files a petition under the federal bankruptcy laws or other applicable . :��.. PP bagkivptcy laws seeking to adjust the debt represented by the Bonds. g. § Section 19. Remedies For Events of Default. Upon the occurrence and odnbuance of an Event of Default, the Owner of any Bond may proceed to protect and enforce the fights of any Owner under this Ordinance by mandamus or such other suit, action, or special edings in equity or at law, in any court of competent jurisdiction. All such proceedings shall 'b0-606ft ted, had, and maintained for the equal benefit of all Owners of the Bonds then outstanding. Section 20. Permitted Amendments to Bond Ordinance. The Town may, Without the consent of or notice to the Owners adopt amendments or supplements to this Ordinance, Web amendments or supplements shall thereafter form a part hereof, for any one or more of the following purposes: 4' (a) to cure any ambiguity, to cure, correct, or supplement any formal defect or 4Mt Won or inconsistent provision contained in this Ordinance, to make any provision necessary or dQBL'able due to a change in law, to make any provisions with respect to matters arising under this bi+dlnattee, or to make any provisions for any other purpose, if such provisions are necessary or . dt>arable and do not materially adversely affect the interests of the Owners of the Bonds; r' (b) to subject to this Ordinance or pledge to the payment of the Bonds additional Mues, properties, or collateral; and (c) to grant or confer upon the Owners any additional rights, remedies, powers, 'dreuthority that may be lawfully granted to or conferred upon the Owners. Section 21. Amendments Requiring Consent of Owners. Except for adatory or supplemental ordinances adopted pursuant to the Section hereof entitled "Permitted Mtndments to Bond Ordinance", the Owners of not less than two-thirds (213) in aggregate principal �'Munt Of the Bonds then outstanding shall have the right, from time to time, to consent to and 4 pp W, -18- L the adoption by the Town of such ordinances amendatory or supplemental hereto as shall t deemed necessary or desirable by the Town for the purpose of modifying, altering, mamending, jj6i;,to, or rescinding, in any particular, any of the terms or provisions contained in this CidinSM; provided however, that without the consent of the Owners of all the Bonds affected dtembY: nothing herein contained shall permit, or be construed as permitting: A (a) a change in the terms of the maturity of any Bond, in the principal amount of try Bond or the rate of interest thereon, or in the terms of prior redemption of any Bond; (b) an impairment of the right of the Owners to institute suit for the enforcement or payment of the principal of or interest on the Bonds when due; (c) a privilege or priority of any Bond or any premium or interest payment over > ogler Bond or premium or interest payment; or 4s ' (d) a reduction in the percentage in principal amount of the Bonds the consent of Cp Owners is required for any such amendatory or supplemental ordinance. If at any time the Town shall desire to adopt an amendatory or supplemental +ogee for any of the purposes of this Section, the Town shall cause notice of the proposed pt100 of such amendatory or supplemental ordinance to be given by mailing such notice by MliIsed or registered first-class mail to the original purchaser of the Bonds and to each Owner of 490ndito the address shown on the registration books of the Bond Registrar, at least thirty (30) days pdc tG the proposed date of adoption of any such amendatory or supplemental ordinance. Such Oki shall briefly set forth the nature of the proposed amendatory or supplemental ordinance and SW state that copies thereof are on file at the offices of the Town or some other suitable location fainSpection by all Owners. If, within sixty (60) days or such longer period as shall be prescribed bytha Town following the giving of such notice, the Owners of not less than the required percentage k$Ukegate principal amount of the Bonds then outstanding at the time of the execution of any such dory or supplemental ordinance shall have consented to and approved the execution thereof AS herein provided, no Owner of any Bond shall have any right to object to any of the terms and PMVisions contained therein, or the operation thereof, or in any manner to question the propriety of d 61*on and effectiveness thereof, or to enjoin or restrain the Town, from adopting the same or 60n taking any action pursuant to the provisions thereof. Section 22. Effect of Amendment. Upon the execution of any amendatory or Iemental ordinance pursuant to this Ordinance, this Ordinance shall be deemed to be modified AodAmended in accordance therewith, and the respective rights, duties, and obligations under this II 01+d16=4 of the Town, the Bond Registrar, the Paying Agent, and all Owners of Bonds then Oft6diffig shall thereafter be determined, exercised, and enforced hereunder, subject in all respects 0Aiih:modifications and amendments. r -19- h 1: K, Section 23. Removal or Resignation of Bond Re istrar or Pa in A ent• x SUgallori. The Paying Agent and Bond Registrar may resign, or may be removed by the Town at any time, with or without cause. In the event of the removal or resignation of the Bond Registrar or paying Agent, the Town shall appoint a successor as soon thereafter as may be practicable, and in such event, shall give written notice thereof to each Owner by mailing to the addresses shown on the registration books for the Bonds. Any successor Paying Agent shall: (a) be a trust company or bank in good standing located in or incorporated under taws of the State of Colorado; (b) be duly authorized to exercise trust powers; (c) be subject to examination by a federal or state authority; and (d) maintain a reported capital and surplus of not less than ten million dollars 10,000,000). ' Section 24. Authorization to Execute Documents. The Mayor and Town Clerk shall, and they are hereby authorized and directed to take all actions necessary or appropriate to effectuate -he provisions of this Ordinance. including, but not limited to, the execution of the Paying Agent and.Registrar Agreement, in substantially the forms presented to this meeting of the Board, and such certificates and affidavits as may be reasonably required by the purchaser of the Bonds. ,The execution by the Mayor of the Town of any document authorized herein shall be conclusive proof of the approval by the Town of the terms thereof. Section 25. Costs and Expenses. All costs and expenses incurred in connection with the issuance and payment of the Bonds shall be paid either from the proceeds of the Bonds or from legally available moneys of the Town, or from a combination thereof, and such moneys are hereby appropriated for that purpose. ,L,, Section 26. Holidays. If the date for making any payment or performing any kdon hereunder shall be a legal holiday or a day on which the principal office of the Paying Agent or Bond Registrar is authorized or required by law to remain closed, such payment may be made or �Gt performed on the next succeeding day which is not a legal holiday or a day on which the pnno office of the Paying Agent or Bond Registrar is authorized or required by law to remain A%I-A N. 1, Section 27. Ratification and Approval of Prior Actions. All actions heretofore Otaken by the officers of the Town and the members of the Board, not inconsistent with the provisions f this Ordinance relating to the authorization, sale, issuance, and delivery of the Bonds, are hereby cdfied, apprcved, and confirmed. i;_. -20- r. i.' Section 28. Ordinance Irre ealable. After any of the Bonds have been issued, this Ordinance shall constitute a contract between the Owners and the Town, and shall be and remain jiMpealable until the Bonds and the interest accruing thereon shall have been fully paid, satisfied, aad discharged, as herein provided. - Section 29. Repealer. All orders, bylaws, ordinances, and resolutions of the or parts thereof, inconsistent or in conflict with this Ordinance, are hereby repealed to the only of such inconsistency or conflict. Section 30. Severability. If any section, paragraph, clause, or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforce- ebility of such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Ordinance, the intent being that the same are severable. Section 31. Emergency Declaration. The Board herewith finds, determines and 'declares that this ordinance is necessary to the immediate presentation of the public health and safety because of the fact that it is necessary to deliver the Bonds to the purchaser by March 23, 1999 and .the proceeds of the Bonds are necessary to begin contracting for and constructing a new municipal 'services building for the Town. This ordinance shall be effective upon adoption and approval by the Mayor if approved by three -fourths of the members of the Board. Section 32. Recording and Authentication. Upon passage hereof, this Ordinance Shall be recorded in a book kept for that purpose and shall be authenticated by the signatures of the Mayor and the Town Clerk and published as required by law. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED this $th day of March, 1999. ;� II TOWN OF FIRESTONE, COLORADO N Rick Patterson K Mayor ATTESTED: 11 T.L. Peterson Town Clerk -21 - r ws I SYxti � ORDINANCE NO. "!/ / AN ORDINANCE CONCERNING MEETINGS AND WORK SESSIONS OF THE BOARD OF TRUSTEES WHEREAS, the Board of Trustees desires to amend the Firestone Municical Code to set forth revised regular meeting and new worksession dates for the Board of Trustees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.04.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are str±ckun through; words to be added are CAPITALIZED): 2.04.030. Regular meetings Special meetings - WORK SESSIONS. A. The board of trustees shall meet in regular session on the second AND FOURTH Thursday of each month at seven -thirty p.m. at the Town Hall of the town. If the day set for the regular meeting falls on a holiday recognized as legal by the state or on Christmas Eve or New Year's Eve, the regular meeting for that month shall be he±d at seven thirt7 p.m. on the next regtt±ar btisiness day SHALL EITHER BE VACATED OR RESCHEDULED TO AN ALTERNATIVE DATE AND TIME, AS DETERMINED BY THE TOWN BOARD NO LATER THAN THE MEETING NEXT PRECEDING THE HOLIDAY; in case any hearing or proceeding has been see_ for any such regular meeting, the same shall not abate but shall also stand continued to the NEXT REGULAR meeting on the ______ req,c±ar btisiness day, at the same time and p±acel HELD BY THE BOARD OF TRUSTEES. B. The mayor and any two members of the board of trustees may call special meetings by notice to each of the members personally served or left at his usual place of residence. C. THE BOARD OF TRUSTEES SHALL HOLD. WORK SESSIONS, AS NEEDED, ON THE FIRST THURSDAY OF EACH MONTH AT SEVEN -THIRTY P.M. AT THE TOWN HALL OF THE TOWN. C-D. All meetings shall be open to the public AS PROVIDED BY LAW. Section 2. If any section; paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 4899l17:28fkmk}F:\Fireetone\Ord\Meetings.wpd Sedtion 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or. any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUC D, READ, AD PTED, APPROVED, AND -ORDERED PUBLISHED IN FULL this � day of , 1999. TOWN OF FIRESTONE, COLORADO Rick Patterson Attest: T:L•. Peterson Town Clerk 4899l17:26[kmk]F:\Firestone10rd1Meetings.wpd i N ORDINANCE NO. AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A TRACTOR WHEREAS, the Town is authorized by applicable law to acquire equipment and to enter into leases for the same, which lease may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire certain maintenance equipment; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of a tractor. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Municipal Equipment Lease, between the Town and New Holland Credit Company (the "Lease") for acquisition of a New Holland Tractcr, Model 545D, with'Bat Wing Mower, Model SR15 (the '"Equipment"), which lease includes an option to purchase and X, acquire title to the Equipment, is hereby approved in essentially the same form as the copy of such lease accompanying this ordinance, except that the Mayor is hereby granted the authority to approve such revisions to said Lease as determined necessary or 'desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor and Town Clerk/Administrator are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax- exempt obligation" for the purpose and within the meaning of Section 265(b)'of the Internal Revenue Code. The Board of Trustees finds and determines that the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a 'qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional 6899/17:46[kmklCclMyFiles%Firestone10rd1LeasePurch.Tractor.wpd or invalid for any reason, such decision shall not affect the validity or constitutionality of:the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this. ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances' or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, AD TED, APPROVED, AND ORDERED PUBLISHED IN FULL this ��day of , 1999. Attest: . . Peterson Town Clerk - TOWN OF FIRESTONE, COLORADO Rick Patterson _ r mow. 1, _.: SEAL 4899/17:A81kmk]C:1MyFileslPirestcne\Crd1LeasePurch.Tractor.wpd WK aU ' JJ 14 ; �0 I-K KHNbH:z:1 L- t I Y bKHNL Ih ''J1.5 4'J 1 SUbb 0®®NEW HOLLANO MUNICIPAL EQUIPMENT LEASE Credit Company (FORM M) P. 01/OTMA ACCT. NO, DATE MUNICIPALITY Name and Address (Include County and Zip Code) DEALER (HEREINAFTER CALLED "LESSOR") Name and Address (Include County and Zip Code) Lessor hereby agrees to lease to Municipality and Municipality hereby agrees to lease from Lessor the following described equipment (hereinafter called the "Equipment") upon the terms and conditions hereinafter set forth:. EQUIPMENT NJU MAKE AND TYPE MODEL LEASE TERMS TERM (IN MOS.) 1 NO. OF PMTS RENTAL PAYMENT I RENTAL TAX AOVANCE PIPITS REMAINING (EACH) : NUMIsEN : REtNAIN1NG SERIAL NO. EXCESS,USE CHARGE PER s LEASE tNO PURCHASE PRICE TOTAL RENTAL PINTS INCLUDING $ TAXES & ADVANCE Periodic Rentals are payable in advance. The advance rental payment is due this date. Subsequent payments are due commencing , 19 and ❑ Monthly on the day of each month thereafter, except for months of ❑ Quarterly on the day of each third (3rd) month thereafter. ❑ semi-annually on the -day of each sixth (6th) month thereafter. ❑ Annually on the day of each twelfth (12th) month thereafter. TOTAL PAYMENT PER RYRS PER YR VIA YYRR PEA YRg PER R PROPERTY INSURANCE, You are required to insure the Equipment against loss or damage. Refer to the "Insurance and Indemnity' paragraph for the insurance requirements. Check Applicable Box ❑ By signing below you request the Lessor to try to buy the physical damage insurance coverage shown, Coverage will .be based on the cash value of the Equipment at the time of loss but not more than the limits of the policy, THE INSURANCE WILL NOT COVER PERSONAL LIABILITY OR DAMAGE CAUSED TO PROPERTY OF OTHERS. S S Deductible Term Premium Signature($) PROPERTY INSURANCE MAY Be 08TAINEU FROM A PERSON OF YOUR CHOICE ❑ You represent that physical damage insurance has been placed on the Equipment through: Namn of Insurance Company Policy No. Name of Agent 5 Agent's Phone. No. ueauctivie TERMS AND CONDITIONS 1, LEASE TERM. Municipality hereby acknowledges delivery and acceptance in good order of each item of Equipment listed above. The term of this lease for each item of Equipment shall commence on the date hereof and shall continue for the Lease Term specified above, except as hereinafter, provided. 2. RENTAL. During the Lease Term, Municipality shall pay to New Holland Credit Company, LLC (hereinafter called "NHCC'), as the assignee of the rentals coming due under th'ss lease, the total rentals specified abovo, together with a delinquency charge on each periodic rental installment in default for ten days at the highest rate permitted by law or such lower amount assessed by NHCC. The advance rental payment shall be payable upon the execution hereof and subsequent periodic rentals shall be ayable. in advance on --the day and at• the inte►vals indicated above. -Upon the expiration or earlier termination -of this lease. Municipality. shall pay to NHCC as additional rental for each hour of use of any item of the Equipment in excess of its normal usage, as specified above. 3. INSURANCE AND INDEMNITY. Mcnicipality must insure itself and the Lessor against loss or damage to the Equipment, if the first box under "Property Insurance" is checked, the Lessor will try to buy the coverage indicated, but will not be liable if it cannot do so, if the second box is checked, you represent that you have obtained the requ:red insurance through the insurer indicated, and that you have instructed the,insurer to name New Holland Credit Company, l_LC as a loss payee and/or an additional insured -on the policy. The type and amount of insurance must be approved by the Lessor, but at all times must be in an amount no less than the amount due under this lease, and the insurance policy must provide that Lessor will receive no less than ten days prior written nctice of cancellation, lapse or expiration of the insurance. Municipality shall indemnify and hold harmless Lessor and Lessor`s agents, employees and successors from and against any damage, loss, theft or destruction of the Equipment or any part thereof, during the term of this lease, and from and against any and all loss, damages, injuries, claims, demands costs and expenses (including legal expenses) of every kind and nature, arising out of or connected with the use. condition iiincluding, without limitation, all defects whether or not discoverable by Lessor or Municipality) or operation of the Equipment. Municipality shall obtain liability insurance from a carrier acceptable to Lessor in such form and subject to such limits as Lessor may reasonably require protecting the interests of Lessor, NHCC and Municipality against claims for damages or injuries to persons or property caused by the use, holding or operation of -the Equipment. 4. MAINTENANCE, REPAIRS AND OPERATING EXPENSES. Municipality Shall maintain the Equipment in good working order and condition, property serviced and garaged, and shall make all necessary repairs and replacements. 5. REGISTRATION AND TAXES. Municipality shall accomplish and pay for the titling, registration and licensing of the Equipment, and all inspections thereof required by any government authority. In addition, Municipality shall pay all taxes imposed in connection with the use and ownership of the Equipment 6. NON APPROPRIATION. if funds are not allotted by Municipality for the next fiscal period sufficient to enable it to continue making the rental payments set forth herein. Munigipality may terminate this Agreement upon the expiration of the then current fiscal year and promptiy return the Equipment as prove ed herein. Municipality agrees to provide NHCC with immediate notice of its intention to so terminate the Agreement. (The Additional Terms and Conditions set forth on the reverse side hereof are a part of this Laas&) Municipality Ry Lessor By 274315 2l97 PRINTED M USA Ori!Cl':•.!L A>Sif;lcrJ -�O NiiCC 7 12. 13. �• �� �� L_. .moo r-M nririZONZ. 1. i i 1 Dmi�r N�_n 71.3 ;�bob r u t-. U3./16J i t t/t,r AN J L )0401 i itrirJ 11.1')1rr .I/ In thr ^vc;:; ric'i)n3ity ;Ir:r.f ; to t^rmina"r,. :hi. Anreement. as provided above, Mj)jiC:Pality agr&C% ',h^j it w0l not purcha,,-.e, lease or ;riot C7lrCr :aa rtzt3f5; fo: p;j.no;, Uf pt:ffbrrninq tft functions or gro;crt6 whrrll were .lo bC pCrfCfined by [he lea;cd Equi,�mcr.t for a period of r.1nC'ty 1'_7C1 d:iYs fro-n the date of tcrenination Of this Agracrricnt. The Mun:e pafity ::.h%,IE eo a'I thirgn w:01in itG power to d'itai fund< tp enablr� it tD Conti zLr_ t-+akiny the payments set for! h above. TERM INAINON1. a. 3y Municip;:Iity, Municipality shall have: not right to terminate this Lease. uniess specified herein. b• By Lcsnor. L^vse- may le;rain;.ZeL this Icas%e a; arty ti-ne with •cspect to all or :ny item of EL'uiprnent upon the occurrence of any of the 4p!fovvirlq t!vr^tn of Cfcfat:it: (i) Failure by lvluniCipTlity to maintain any insurance as required hereunder (ii) Failure by Mwnfclppt)!Ity i^ pay any rent:! or other paymrnt required hereunder. (iii) The damage, Igas, theft or destrucfion of the Equipment or any part th,_reofl ((v) Faifur¢ by Mua:crpaliry tp pp!;form any Other provision of this Icase to be performed by Uhanicipality; and {v) 10uniciaaflity :wffrri,+tg any lien, attachment or IOvy to become attached to the Equipmant or any portion thereof, upon such event of default, Lo-�sor )nay irrrned:ately crake the EquipmoM. Any such termination of this Lease by Lessor for default by Municipality sha!i not ti r,mina:c Nunicioa!ity's obligalions . to pay all af1 the rentals ,tnd olh;r payments spccificd herein, Upon any such torrninai!cin of this lease by Lessor for Munieipalay's default Lessor may sell the cquioment or any item thereof, at public p; pprivate sale: The amount of any sales orocer:ds andlor insurance proceeds (after first deducting the Costs of retaking hO;d;rtg, preparinrq for ;;ale and :selling the Equipment, includincl attorneys fec5 and feg.ai expensm aK permitted by law) received by les.cr, pp c7r420il-3d anz)fnst the am')unt of rentals Intl other paynseou ri5rr. fining due under this lease as of the data of the 3414 of the L=qui�rnent, ai the ci.)',e of the, thoft or total doSlrucbon of the Equipment. The deficiency, if any, shall be paid b Ivluniripilit y forthwith upon demand. with interoal thereon at the highest lawful contract fate. To the extent permitted by taw X. 'jniGri}aiity ;hail pay attormn ys fees and Inital caste inGurre.d lay Lecse_y if suii is brought to collect any deficiency by an attorne in who s net anerm)loycn -z of Leser. USE; OF EQVIPMEN7. T::e %c�.l�]r:trart wit! bq 1 scd aniv le:'1hr. purpose fo: which it war, drsicgncd and built and will be operated in out of, and, when not ucc M' I he slored Only a; ftlli,:nirivaLty' : aderess as slztod above. The Equipment will not be altered from its original rundi:ion unlr.;5 specified in writinr by wes;or and NHCC. VVArNRAN"I;r-.,;. the EC,uipmt,-nt i., lracrd "As !�," ThQre arse no unpiif;d vvarrantir.,, including any of ninrchantabilily or fitne ^r, for pt:rpr)se, and 'her a:r ors ext]rgs_ wzrru1fir„ Ol'na.r than thwc th:' rn+y be -,c' forth in a ;operate written acrcernent provided by the manufactirr+;r of the! Equipm,eht. In no cvr:;t fthall Lesso' be liable: for spocial, incidental or corsequCrltial djm;ges. OPTION TO PURCHASE. MiuniCipPlity has thc•, rig!', to purChavc the E..quip: gent.. prov:ded the MiuniclpzMy �ive; notice to Lessor in wrilinu. of a , inLtraron to purrhase 00 days prior to such purcha.r, slid ,provided further that the Municipa ry's right to purchasr: is c:ondiiinntrd On iho. fMrinicihaktv's complete performance of ail lair;; and conditions of [Itis Iga,C. The pu;chase prieC will equal (a) ttr. rern:,a;rg 1� ir:capal, Pius (b) aii unpaid rent, r!u: (c) crl! ar..Crucd r•,tcrpst, Zlu^. (d) all default clijr(1CS :ind late fees. vlus {el all ur.,mi.j :ah„ :rn:'i ..Lt) tax. p!us Cf) aft o,hor REPRLSF-Nr TIOtI;;, WAM3ANTIES AND C:QVLNANIS Of% MIJNICIPALITY. a. %Ilunicipaii:'y i; a Slute cc a coritical ; tindivi toil of the State on the front lihC "5tat8") ther�nf, within the meaning of lnternal RCVC,-.Q: Cncc (the "Codc1 -Section 10:3, duly cic.)iod and existing under the law;, of the Stato and possessing the power and authority to r_n!cr into this Agreement. b. Municipality vv f1 not u r, or•Zcrmit any gthnr person to ::sc, the: cauipm^nt in any way ;hat „vould .cnusa this Agreement to. be a. private activity.bond vvptctin the. meanrn� of Code Sevion 1-11. C. MUnicipa'sity will not do or cause to be done any act which would Cause, or by Omission of jiny art permit, this limse to be an abitragiz bond w'.th;n the moaning of Co:le Secflor+ 148 or a ".edge bond within the Moaning of Code Section 149(sl), d, Mur.rr..ipalit'f wiit tlmoiy ropnrl z,ic: pay, 1U the ex:Qn, of 3vaiia'tle funds, any )mount rcqui.od to be rebated to the United States i]uiyuifni to Cr,de Secliori 148(f), e. Munici'Ylity wilt not dn or cause to be . done any act w',ich would cause, or by ornission Of any act permit, this lease Jo be federaiiy guaranlead withln the Code Section i 49(1)i. f. Muniti7ciity will comply with the inforrnzion reperting rCquiromcnt; of Cade Section 149(g), inciuding limitation of the execution md filing of any and all information statehcnts, c�. fvfunipipality will not do or Cause LO be done any act whi(:h would cause, or by omission of any uct permit, interest to thi; lease to tie inc!udcd in the gross income of the lessor or its assigner; for toderal income tax purposes. h. Tare undersigned is duly authorizod to execute this Icasc on behalf of 1110 Municipality. TOIL AI ITY Of' AGREEMENT. This ;ea5v contain, :toe er.;ire ag;eermcni between Lessor. NHCC end the Municipality unless a. change is agreed to in writing by Lessor, NI•ICC find Munlry]ality. ASSIGNMENT, promptly upon the rsxi?cutio,n and delivery hrsr'eof. Lessor wiil assign all rentals and other payments due or to become due hcroun,dor to \f! I .: and will opnvey to NI -CC a sr,,curity it areS: in tho t:quipmcnt. Municippality acknowledge, receipt cf notice of t ;;,or's intent to make such a^sif11m4nt and tC Convey such a security interest. to NF1CC, and agrees to make all payments, due or %) become due hereunder directly to r\1H"'C withou( further notice.. i ** TOTAL PRGE . 03 ** DRAFT:,April 8,1999 Municipal Equipment Lease Addendum Date : (same date as Master Lease) Reference is made to the above Municipal Equipment Lease ("Master Lease") by and between the Town of Firestone, Colorado ("Lessee") and Longmont Farm Supply ("Lessor"). This Addendum amends and modifies the terms and conditions of the Master Lease and is hereby made a part of the Master Lease. NOW THEREFORE, as part of the valuable consideration to induce the execution of the Lease, Lessor, Lessee and New Holland Credit Company CMCC") hereby agree to amend the Master Lease as follows: 1. Section 14 is added: 14. Rental Payments to Constitute a Current Expense of Lessee. Lessor, Lessee and NHCC understand and intend that the obligation of Lessee to pay rental payments hereunder shall constitute a- current expense of Lessee payable in Lessee's current fiscal year and not in any other fiscal year so as to be construed as a multiple fiscal year direct or indirect debt or other financial obligation, and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation ofindebtedness by Lessee; nor shall anything contained herein constitute a pledge of the general tax revenues, funds, or monies of Lessee. 2. Except as expressly amended by this Addendum and other modifications signed by Lessor, Lessee and NHCC, the Master Lease remains unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Addendum as -of the date first referenced above. TOWN OF FIRESTONE, CO LONGMONT FARM SUPPLY By: By: NEW HOLLAND CREDIT COMPANY MUM 4899/16:25[]rntk]C:\MyFilas\Fisastone\MunLasse.P.ddendum.wpd Customer Name: City of Firestone Firestone Salesperson PH N/U Make N New Holland N Rhino Attach Make , � hEW HOLLAM redit Company Dealer Name: LONGMONT FARM SUPPLY 10683 I-25 FRONTAGE RD CO LONGMONT 303-776-0031 Equipment Leased Type Model Serial. No Tractor 545D Bat Wing Mower SR15 Trade -Ins Type Model Serial No Gross Allowance Amt Owing LEASE QUOTE Option 1 Option 2 Option 3 02-11-1999 CO 80504 Cash Price 40, 1.90.0O 9,138.00 49,328.00 Net Trade -In Option 4 Chart Number 121 Municipal Term (Months) 60 Payment Frequency Annual Effective Date - 2 ii-1999 Skip Months- From o 7-0 ' Thru 67_p r ist Subsequent Pymt 4-- -2000 Cash Price 49,328.00 Setup Charges Delivery Charges Sales/Use Ta::es ESP Maintenance Property Insurance Credit Life Premium Filing Fees 28.50 Down Payment: Net Trade In Cash Rebate Total Acq Cost (TAC) 49,356.50 '# of Advance Pymts 1 I"rreg Advance Pymt !.,ease Payment 11,102.76 Ta_:es on Lease Pmt Total Lease Payment 11,102.76 urchase Option 1.00 Security Deposit !Annual Hourly Usace i'::cess Use $/Hr Consult with your ta:: advisor with respect to the use of a stated purchase ooticn. All information is subject tc verification/approval by New Holland Credit Company. TOWN OF FIRESTONE A Community In Matron 150 Buchaanan Avenge PO Box 100 Firestone, CO 80520 303 833-3291 r.ax 303 833-4863 The following number must appear on all related correspondence, shipping papers, and invoices: P D. NUMBER: '-99-01 To Lontmon- Farm Supply 10683 1-25 Frontage Road Longmont, CO 80504 303 776-0031 P.O. DATE REQUISITIONER - �--- - March 12, 1999 Theo Abkes ShipTo:To: Firestone Town Hall 150 Buchanan Avenue Firestone, CO 80520 SHIP VIA F.0.8. POINT _-_QTY IT UN - .. 1 DESCRIPTION New Holland Tractor, Model 545D 1 " Bat Wing Mower, Model SR15 rr +I i Ir Please send two copies of your invoice Enter this order in accordance with the prices, terms delivery method. and specifications listed above Please notify is imrriediatePj if voir are unahfe io ship as specified ,'end 311 correspondence to Theo Abkes 10w1 of Firestone VC) BOY 100 Ireslone, CO 80520 i113 833-3291 Fax 303 833-4863 .-....... ........ - f UNIT PRICE' 1 Aifthonzed tirr TOTAL 1 $ 40,190.00 ii $ 9,138.00 I � ! 1 ' I i 1 I f SUBTOTAL S 49 328.00 SALES TAX' i SHIPPfNG & HANDLING 1 Filing Fees;'S 2850 TOTAL! $ 49,356,5C) �J ORDINANCE NO. AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE WOLFF PROPERTY. WHEREAS, a petition for annexation of certain property described in Exhibit A attached hereto and made a part hereof, and known as the Wolff Property was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance number 221; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning publication as provided by law; and WHEREAS, no protests were receive by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the City, as owner of the property, requests a Low - Density Residential (R-1) zoning classification; and WHEREAS, a Low -Density Residential zoning classification is consistent with the Town's plan for the area encompassed by the Wolff Property Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has 6uly considered its recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1.That certain property known as the Wolff Property, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned R-1 Low -Density Residential pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 7'6'� day of 1999. 717 TOWN OF FIRESTONE, COLORADO IIIIII IIIlI IEIII! IIIII IIII IIIIII IIIIII III 111111111 IN 3652906 10/07/2009 11:55A Weld County, CO 1 of 2 R 11.00 13 0.00 Steve Moreno Clerk & Recorder Rick Patterson Mayor I — Attest: T.'. Peterson Town Clerk 032299/0923 [mkh} c:firestone.woifford Es TO TOWN .+ SEAL •. 1 Y; cA -J fitlllll1ll �� 1:55A Weld MY, Recorder 06 114 0.00 Steve M0l07I2009 2 ai 2 �.oreno Clerk & 36529 11.44 j I TOWN OF FIRESTONE PO BOX 100 FIRESTONE, CO 80520 i i e'il�e e ORDINANCE NO. AN ORDINANCE- REPEALING CERTAIN PROVISIONS OF THE FIRESTONE -MUNICIPAL CODE THAT REGULATE THE MANAGEMENT OF CERTAIN BUSINESSES OUTSIDE THE TOWN LIMITS. WHEREAS, by Ordinance No..415 and pursuant to C.R.S. § 31-15- 501(1)(d) the Board of Trustees of the Town of Firestone enacted regulations concerning the location, management and construction of slaughterhouses, packing houses,'renderies, tallow candleries, bone factories, soap factories, tanneries, and dairies within the limits of the municipality or within one mile beyond the municipal limits; and WHEREAS, pursuant to House Bill 99-1122, effective July 1, 1999, C . R. S . § 31715-501 (1) (d) has been amended with respect to the Town's extraterritorial jurisdiction over those businesses; and WHEREAS, the Board of Trustees desires to amend its regulations to apply to such businesses operating within the corporate limits of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.44.010.A of the Firestone Municipal Code is hereby amended to read as follows (deletions are shown in 5.44.010 Permit --Required. A. No person shall locate or. manage..any .slaughterhouse, packing house, rendery, tallow candlery, bone factory, soap factory, tannery, or dairy within the limits of the Town or wiHii - cne mile beyond the municipal ±±m±ts of the Town without first obtaining annually a management permit in compliance with the provision of this Chapter. Section 2. Section 5.44.050 of the Firestone Municipal Code is hereby amended to read as follows (additions are shown in underline; deletions are shown in strikecut-): 5.44.050 Miscellaneous reUirements. A. In addition to any other requirements of this Code, an application for a permit under this Chapter shall be granted only upon a showing that the premises will be managed in compliance with the following requirements: 1 1. The premises are in compliance with all applicable building, subdivision, and zoning regulations of the Town for any premises located within the Town. IWO M-M ; 111110M Rabb it 5 E) -a2. For any premises located within the Town, the maximum amount of Livestock permitted shall be pursuant to the Firestone Development Regulations. a Permit for any WhiCh, on the effective date of- rnassa±lUble approval from Weld 6ounty to maintain on the set forth ±n subsection Pr.2. A permit may be isstted for sicch premises only if the animal un±ts proposed for such do not exceed the wftount! s ftna±±y and tn ssailably approved as of the effective date of this -53. Management of the premises shall be in accordance with minimum management requirements, as adopted by the Town Board from time to time by resolution. Such minimum management requirements shall be on file with the Town Clerk, and available to interested persons upon request. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or 3 criminal, which shall have been incurred under such provision, and each provision 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. INTRODUCED, READ, TED, APPROVED, AND ORDERED PUBLISHED IN FULL this 'Z/.ay of 1999. TOWN OF FIRESTONE, COLORADO 0 Rick Patterson Mayor Attest: T.L. Peterson Town Clerk 81299l09:11[Fink}F:1Firestane%ord%nairy(2[.wpd 4 ORDINANCE NO. hJ AN ORDINANCE EXTENDING THE CURRENT CABLE TELEVISION FR, NCHISE FOR A PERIOD OF ONE HUNDRED TWELVE (112) DAYS. . WI-IEREAS, by Ordinance No. 160 dated February 10, 1981, the Town granted a cable televsion franchise which is currently held by TCI Cable -vision of Colorado, Inc.; and WHEREAS, by Ordinance No. 321 stated January 12', , 1996, the town granted an extension of the term of the cable television franchise for a period of one year to allow additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 351 dated January 9, 1997, the town granted an extension of the term of the cable television franchise for a period of six (6) months to _allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 370 dated July 24, 1997, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 384 dated January 8, 1998, the town, granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 403 dated September 10, 1998, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; and WHEREAS, by Ordinance No. 412 dated January 14, 1999, the town granted an extension of the term of the cable television franchise for a period of six (6) months to allow more additional time to proceed with the franchise renewal process; WHEREAS, the Town and TCI Cablevision of Colorado, Inc. desire to further extend the term of the cable television franchise for a period not to exceed November 30, 1999 to alloy more additional time to proceed with the franchise renewal process. NO'W, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TON OF FIRESTONE, COLORADO: Section 1. The Town hereby approved the temporary extension of the Cable Television Franchise granted by Ordinance No. 160, which franchise is currently held by TCI Cablevision of Colorado, Inc., as successor in interest thereto, for a period of one hundred twenve-(112) days from its present expiration date of August 10, 1999, to November 30, 1999 . INTRODUCED, READ, PIED, APPROVED, AND ORDERED PUBLISHED IN FULL this ?� *-day of _ - - , 1999. TOWN OF FIRESTONE, COLORADO Tt'Peterson, ' .. E •�� � " ! �1 i. fir: . � �:�TI_Ildlll:!!II! IIlII!lIII !!II!!I I!I lIII!!I III !lIII IIlI I 2720549 09/15/1999 12:17P Weld County 1 of- R 15.00 0 0.00 JA Suki Tsukamoto� �4�ORDINANCE N0. ; AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE RAM LAND ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Ram Land Annexation and described in Exhibit A attached hereto, has been filed with the Town Board of the Town of Firestone; and WHEREAS, pursuant to §31-12-108 to -110, the Town Board on September 2, 1999, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published August 4, 11, 18 and 25, 1999, in the Farmer & Miner Newspaper; and WHEREAS, the Town Board, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexations except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1.. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Ram Land Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED READ, ADO ED APPROVED, AND ORDERED PUBLISHED IN FULL this'`�day of �` , 1999. TOWN OF FIRESTONE, COLORADO Attest: `0 T.L. Peterson Town Clerk atterson 090299/1702[ajl]c:Fireakoa\Ram1and.ord . II4111'Ill lilll IIII IIII =1 llllll �IIII IIIIII IIII IIIIIII IIl 1 2720549 $9/15/1999 12:17P Weld County CO 2 of 3 R 15.00 D 0.00 JA Suki Tsukamoto 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°53142" 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°48135" 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°47120" 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°26108" West, a distance of 113.68 feet; l llllll lllll lllll111I1 lllllll 111 llllll! III lllll llll Illl � 2720549 09/15/1999 12:17P Weld County CO 3 of 3 R 15.00 D 0.00 JA Suki Tsukamoto thence South 00007'58" East, a distance. of 298.01 feet; thence North 89052102" 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 Canino Central Annexation; thence along said South line and the West line of said annexation North 89047120" West, a distance of 547.74 feet and again North 01°23112" East, a distance of 30.00 feet to the Point of Beginning. Containing 9.029 ACRES, more or less. ORDINANCE NO. � � AN ORDINANCE ZONING PROPERTY ANNEXED FIRESTONE AND KNOWN AS THE RAM LAND APPROVING A FINAL DEVELOPMENT PLAN PROPERTY. TO THE TOWN OF ANNEXATION AND RESPECTING SUCH WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Ram Land Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must.provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the landowners of the property requested a Planned Unit Development, Regional Commercial (PUD-RC) zoning classification and have submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, pursuant to Firestone Town Code section 17.22.030, the landowners have submitted a final development plan respecting such property at the time of PUD zoning; and WHEREAS, a Planned Unit Development, Regional Commercial (PUD- RC) zoning classification is consistent with the Town's plan for the area encompassed by the Ram Land Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request, including a final development plan as part of such initial zoning request, and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Ram Land Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned PUD - Planned Unit Development zone District, Regional Commercial land use category, pursuant to the zoning 1 IIIIIII IIIII IIIIII Illl IIIIIII III IIIIIII 111111111111 IN 2720552 09/15/1999 12:33P Weld County CO i of 4 R 20.00 0 0.00 JA Suki Tsukamoto ordinances of the Town and in accordance with the PUD Outline Development Plan approved by the Board of Trustees and on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve, as part of the initial zoning of such Ram Land Annexation property, the proposed Final Development Plan respecting such property, subject to the following conditions: 1. Landowner and the Town shall execute and record a Development Agreement respecting the Final Development Plan in a form acceptable to Landowner and the Town. 2. A final development plan shall be submitted and approved by the Town prior to the issuance of a building permit for any building within the building envelope in the southwest corner of the property. 3. The two signs shown as 31 feet in height in .the final development plan shall be reduced to 25 feet and the southerly of the two shall be subject to review through a final development plan process. 1. The final development plan maps shall be stamped by a professional engineer licensed in Colorado. INTROD PD, READ, TED, APPROVED, AND ORDERED PUBLISHED IN FULL -hisday of , 1999. Town Clerk 091099/1116{ajI]c.-Fireatcn\R=1andl.ord 2 IIIIII IIIII IIIIII IIII Illllll III IIIIIII Ill 111111111 IN 2720552 09/15/1999 12:33P Weld County CO ; 2 of 4 R 20.00 Q 0.00 JA Suki Tsukamoto 1 TOWN OF FIRESTONE, COLORADO f 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°47120" 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°45103" 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 Departnent 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 25001'38" 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°22134" West, a distance of 130.08 feet; 5) South 29026108" West, a distance of 113.68 feet; I I!l111 !!I1! IIIIIIIIII IN 11111111111111111111111111 2720552 09/15/1999 12: 33P Weld County CO1111 IN � 3 of 4 R 20.00 D 0.00 JA Suki Tsukamoto r 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°28127" East, a distance of 160.94 feet and again North 83°33130" 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. I llllll IIIII Illlll IIII IIIIIII III illllll Ili IIIII IIII IIII 2720552 09/19/1999�12:33P Weld County CO { 4 of 4 R 20.00 D 0.00 JA Suki taukamoto i IIIII IIIIII IIIII IIIIII IIIII Illli 111 IIIII IIII III 2739033 12/17/1999 09:15A JA Suki Tsukamoto ('1 of 4 R 20.00 0 0.00 Weld County CO ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE DEL CAMINO JUNCTION BUSINESS PARK ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO. WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Del Camino Junction Business Park Annexation and described in Exhibit A attached hereto, has been filed with the Town Board of the Town of Firestone; and WHEREAS, pursuant to §31-12-108 to -110, the Town Board on October 14, 1999, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 14, 21, and 28, and October 5, 1999, in the Longmont Times -Call Newspaper and September 1.5 and 29 in the Farmer & Miner Newspaper; and WHEREAS, the Town Board, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexations except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Del Camino Junction Business Park Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition, for annexation of said property filed with the Town of Firestone and to the annexation agreement governing said property. INTRODUCED, READ, AD,AMT D APPROVED, AND ORDERED PUBLISHED IN FULL this � day of �/ �� , 1999- TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 1 Attest : m'; +; EJ L. Peterson 0 Town Clerk 0(,,,,' :LO1399/1316[sjl]c:Hireston\3Unctn.ord (annexation ord). O U 11111111111111111111111111111111111111111111111 HE 1111111111 IN 2739033 12117/1999 09:15A JA Suki Tsukamoto 2 01 4 R 20.00 D 0A0 Weld Countv 00 2 .�IIIIIIIIIIIIIIIIIIIIIIIIIII_ 27390 II IIIII IIIII III IIIII IIII IIII 33 12/17/1999 09:15A JA Suki Tsukamoto of 4 R 20.00 D 0.00 Weld County CO 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 Reception No. 02391966; Excepting I-25 right of way as shown. 025-3(110). recorded at Book 1445, on Project No. IR-IM(CX) 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 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 described as follows: 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°54106'' E a distance of 1445.57 feet; Thence S46°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°331501 ', and a chord which- bears S 39°30149 " E a distance of 178.60 feet; Thence S 89°47112 " 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°47125 '', and a chord which bears N 36°54101 " W a distance of 288.66 feet; Thence N 46°17144 " W, along said right of way, a distance of 299.56 feet; Thence N 40°35106" 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; I 2739033 12/17/1999 09:15A JA 5uki Tsukamoto 3 of 4 20.00 0 o.oa Weld Countv CO 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 41139'15'', and a chord which bears N 25°28'06''.W a distance of 627.72 feet; Thence N 04°38130'' W, along said right of way, a distance of 697.97 feet; Thence N 40°18115 " 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 V 89°36'31" W, along said north line, a distance of 135.53 feet; Thence S 041381301' E a 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 41039'15 '', and a chord which bears 5:25128'06'' E a 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 0700815711 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°221471,' 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" V, along said east line, a. distance of 2033.97 feet to said 1-25 right of way;. The 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. 41iiCC1114CI C114411CC14144C1114441 � 1 2739035 12/17/1999 09.15A JA Suki Tsukamoto 1 of 8 R 40.00 D 0.00 Weld County CO ORDINANCE NO. i - Y AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF O�� f FIRESTONE AND KNOWN AS THE DEL CAMINO JUNCTION BUSINESS PARK ANNEXATION. WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Del Camino Junction Business Park Annexation was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. §31-23-305; and WHEREAS, the landowners of the property requested a Planned Unit Development, Regional Commercial (PUD-RC) and Employment Center (PUD-EC) zoning classification and have submitted an.Outline Development Plan in connection with the zoning request; and WHEREAS, a Planned Unit Development, Regional Commercial (PUD- RC) and Employment Center (PUD-EC) zoning classification is consistent with the Town` s plan for the area encompassed by the Del Camino Junction Business Park; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request, and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Del Camino Junction Business Park Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned PUD - Planned Unit Development zone District, Regional Commercial and Employment Center land use categories, pursuant to the zoning ordinances of the Town and in accordance with the PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town Clerk, and the Town zoning map shall be amended accordingly. 1 . _ � __ lllllllllllllllll I IIIIII IIIII illlll IIII. IIIIII IIIII III 2739035 12/17/1999 09:15A JA Suki 7sukamoto 2 of 8 R 40.00 D 0.00 Weld County CO Section 2. The Board of Trustees of the Town of Firestone, Colorado, does hereby approve the Outline Development Plan for the Del Camino Junction Business Park subject to the following conditions: 1. The outline Development Plan Text shall be revised consistent with the changes shown in legislative format on Exhibit B attached hereto and made a part hereof, and a legal description of the property shall be added as an exhibit. 2. The Outline Development Plan Map shall be revised to delete Note 1 and to change the name of Business Park Street to Union Street. INTRODUCED, READ, P ED, APPROVED, AND ORDERED PUBLISHED IN FULL this Z ay of , 1999. Attest: Peterson Town Clerk 101399/1429[sjl]c:Fireston\Junctnl.ord 2 TOWN OF FIRESTONE, COLORADO i illlll lull lillll lull llllll lull lull 111 lull l4111 2739035 12/17/1999 09:15A JA Suki Tsukamoto 3 of 8 R 40.00 D 0.00 Weld Countv CO 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 Reception No. 02391966; Excepting I--25 right of way as shown 025-3 (110) . recorded at Book 1445, on Project No. IR-IM(CX) 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 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 described as follows: 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 34154'06" E a distance of 1445.57 feet; Thence S46°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°33'501 ', and a chord which - bears S 39°30149'' E a distance of 178.60 feet; Thence S 89047112 " 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 18047125 '', and a chord which bears N 36°54101'' W a distance of 288.66 feet; Thence N 46017'44" W, along said right of way, a distance of 299.5-6 feet; Thence N 40°35'06'' W, along said right of way, a distance of 65.94 feet; Thence N 46°17144" W, along said right of way, a distance of 239.81 feet; �1-11 11-1111111111111111111111111111111111111111111111111111 2739035 12/17/1999 09:15A JA Suki Tsukamoto 4 of S R 40.00 D 0.00 Weld County CO 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°28106" 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 00123129'1 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 89036131'' W, along said north line, a distance of 135.53 feet; Thence S 04°38130" E a 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 41039'15'', and a chord which bears S 25°28106" E a distance of 679.05 feet to a point of non -tangency; Thence S 07°43125" 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 0700815711 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 01022147 " E, along the east line of Lot A Amended Recorded Exemption No. 1313-2-3-RE730 and Lot 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*45103'1 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. Outline Development Plan DEL CAMINO JUNCTION BUSINESS PARK Town of Firestone County of Weld State of Colorado Sheet 1 of 4 Owners/Developers: John T. Coppom Del Camino Junction Development, Inc. 1812 56"' Avenue, Suite A Greeley, CO 80634 Technical Consultants: Tuttle Applegate, Inc. 11990 Grant Street, Suite 304 Denver, CO 80233 Property Ownership Information: Please see annexation map Legal Description: A portion of Lot A amended recorded exemption No. 1313-2-3-RE730, and a portion of Lot 1 Ft. Junction PUD First Filing, located in the SW'/4 of Section 2, T2N, R68W of the 6t` P.M., County of Weld, State of Colorado - Project Concept: The general concept of the development is to provide lots for commercial and light industrial type uses consistent with the RC and EC Land Use Categories within the PUD Zone District. Transportation access, visibility and image will be important factors for businesses locating here. Covenants and final development plans 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 building lot for a campus type facility, as approved during the Final Development Process and Final Plat Processes. I I I I I II I I I I I III I I IIII I I I IIII I III I I III I I II I I II I I I I I I III I Del Camino a o, Junction Business Park 2739035 12/17/1999 09:15A JA Suki Tsukamoto Page 1 of 5 of 8 R 40.00 D 0.00 Weld County CO Regional Impacts: The 1-25 Frontage Road traverses the property from south to north. Two internal roads are planned within the development; Business Park Circle and Business meet. Union Street These two streets along with the corresponding names are depicted on the Development Map. The development will be serviced additionally by State Highway 119 and Firestone Boulevard (Weld County Road 24). Environmental Information: The Rural Ditch traverses the southern part of the property. No other significant natural features or environmental components are present on the property. Utilities and Services: The following are the utility providers for the development: Water: Town of Firestone Central WeldCount., Watef Dist,., At Sewer: St. Vrain Sanitation District Gas: KN Energy Phone: US West Electric: United Power Fire: Mountain View Fire Protection District Police: Town of Firestone Circulation Systems: Access to Block 3, Lots 1, 2 and 3 will be from the I-25 Frontage Road. Access to Block 1, Lots 1 through 9 and Block 2, Lots 1 through 5 will be from Business Park Circle. Access to Block 1, Lots 10 and 11 will be from Union Street Business Park Stre . 11111111 Hill III 1111111111 IN �lil Del CaminoJncti n Business Paark 2739035 12/1711999 09:15A JA SUki Tsukamoto Page 2 of 6 of 8 R 40.00 D 0.00 Weld County CO I iIIIII Illll lillll IIIII Illlll IIIII IIIII III IIIII llli illl 2739035 12/17/1999 09:15A JA Suki Tsukamoto 7 of 8 R 40.00 D 0.00 Weld County CO Land Use and Zoninw: The euffent use of the propefty is vaeant ground. The proposed land uses for the development iffe shall be consistent with the RC (Regional Commercial) and EC (Employment Center) Land Use Categories zem g elassifieati 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. This ODP contemplates that there will be an overall Final Development Plan (FDP) submitted for the development. Individual FDPs shall be submitted prior to the development of each individual lot. The lot lines on the ODP are conceptual only and subject to change at the Preliminary Plat, Final Plat and potential replatting. Density: No residential uses are planned for in the development. Building Height: The maximum building height will be controlled by the Minimum Design Standards as adopted by the Town of Firestone and Weld County, as amended, or the Firestone Development Regulations, whichever is more restrictive. . Land Use Table: Area: Acres: Block 1 (12 lots) 25.468 Block 2 ( 5 lots) 8.099 Block 3 ( 3 lots) 4.234 Open Space 2.055 ROW Dedication 3.888 Total 43.744 Outline Development Plan Del Camino Junction Business Park Page 3 of 4 ( �Ill�lllllllllllliilllillllli iiIII I I I Il III I I I I i lilt IN l �j�����Countv AA Suki Tsukamoto CO Development Schedule: Development of the property is scheduled to begin no later than the in early spring of 2000. Park Development: The proposed RC/EC zoning classification does not warrant the need for a park development. Private Maintenance and Enforcement: Maintenance and continued protection of the PUD will be enforced by the covenants. Approval Blocks: Approved by the Planning Commission of the Town of Firestone, Colorado, this day of , 19 Chairperson Secretary Approved by the Town Board of Trustees of the Town of Firestone, Colorado, this day of , 19— Mayor ATTEST: Town Clerk Outline Development Plan Del Camino Junction Business Park Page 4 of 4 � � ��v �t/ /oi .. r' ORDINANCE NO. 428 AN ORDINANCE AMENDING SECTION 17.16.070.1 OF THE FIRESTONE MUNICIPAL CODE, CONCERNING THE ORIENTATION OF RESIDENTIAL DWELLINGS. WHEREAS, C.R.S. §31-23-301 et sea. authorizes the Town to establish zoning districts within the Town; and WHEREAS, C.R.S. §24-67-101 et sea. authorizes the Town to allow for planned unit developments within the Town;and WHEREAS, pursuant to such authorities, the Town has established zoning districts, zoning regulations and planned unit development regulations, as set forth in Title 17 of the Firestone Municipal Code and the Firestone Development Regulations; and WHEREAS, the Town has developed and established and continues to develop and establish regulations and standards for residential, commercial and industrial development with in the Town; and WHEREAS, by Ordinance No. 374, the Town adopted certain construction, design and landscaping standards for all new residential dwellings, including standards for orientation of residential dwellings; and WHEREAS, the Town desires adopt a provision allowing consideration of waivers or modifications to the orientation standard for certain types of planned unit developments (PUD); and WHEREAS, the Board of Trustees finds that such a provision is consistent with the purposes and intent of the Town's PUD regulations; and WHEREAS, the Board of Trustees finds that such revisions will further the public health, safety, and general welfare for the purposes set forth in C'.R.S. §24-67-102(c) through (j) and C.R.S. §31-23-301 et sea.; and WHEREAS, all required notices and public hearings concerning this ordinance have been provided. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: section 1. Subsection I of Section 17.16.070 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are strielten through,): 17 16 070 Additional standards for R-1, R-2, and R-3 districts and residential land use categories_. within PUD districts. Fi ,. b I. All residential dwellings shall be oriented on the lot such that a side with a length that is at least eighty percent the length of the longest side of the dwelling predominately faces the local street providing access to the lot. The length of any side. does not include the length of any attached garage. In all cases the front door of the dwelling shall be located in the closest one -quarter portion of the dwelling that predominately faces the local street. For corner lots, this provision only applies to the local street providing direct driveway access. These requirements may be waived or modified with respect to land -leased .manufactured housing developments within a PUD district, r ided such �w iver or modification is warranted by virtue. --of innovative design and amenities incorporated in the development plan. gection 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. gection 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any, portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, fjAD� OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 1Iq day of ,ram , 1999 TOWN OF FIRESTONE, COLORADO Ai 'Patterson �s r Attest: T.L. Peterson Town Clerk 102999/1447[sjl]c:Fireston\Hausing2.ord r x ORDINANCE NO. AN ORDINANCE APPROVING A FRANCHISE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND TCI CABLEVISION OF COLORADO, INC. WHEREAS, the Town is authorized to grant one or more franch-ses to construct, reconstruct, operate, and maintain a cable television system within the Town; and WHEREAS, the current franchise agreement between the Town and TCI Cablevision of Colorado, Inc. ("TCI") expired on November 30, 1999; and WHEREAS, TCI has made application to the Town for renewal of its existing franchise; and WHEREAS, the Town has determined the financial, legal, and technical ability of TCI is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future cable -related needs and interests of the community; and WHEREAS, the Town, after public hearing and due evaluation, has determined that it is in the best interest of the Town and its residents to grant a new franchise to TCI. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1.. The Cable Television Franchise Agreement between the Town of Firestone and TCI Cablevision of Colorado, Inc., a wholly owned subsidiary of AT&T Corp., attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor is authorized to execute and deliver on behalf of the Town the attached Franchise Agreement and all other documents necessary to implement the Franchise Agreement, and is further authorized'to negotiate and approve on behalf of the Town such revisions to the Franchise 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 Franchise Agreement are not altered. Section 3. Chapter 13.16 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 13.16 CABLE TELEVISION FRANCHISES 12999l17:47[kmk]F:1OFFICE%Firestone\Osd1TC1 Fran.approve.wpd Sections: 13.16.010 Grant of Franchise -- Term 13.16.010 Grant of Franchise -- Term. A. Pursuant to Ordinance No. Gam, the Town granted to TCI Cablevision of Colorado, Inc., a wholly owned subsidiary of AT&T Corp., a nonexclusive and -revocable authorization to make reasonable and lawful use of the public streets, easements and other rights -of -way to construct, operate, maintain, reconstruct, rebuild and upgrade a cable television system for the purpose of providing cable services subject to the terms and conditions set forth in the Cable Television Franchise Agreement, copies of which are on file in the office of the flown Clerk. B. The term of the franchise,granted by the Town shall be for a period of ten years from January 14, 2000, the effective date of the Agreement. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, PTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 45?X'day of 1999. TOWN OF FIRESTONE, COLORADO Attest: Town Clerk 12999/17:47ikmk}F:1oFFIC61Ficesto2e\Ord1TCI Fran.apprcve.wpd 2 ORDINANCE NO.-429 AN.,ORDINANCE APPROVING A FRANCHISE AGREEMENT BETWEEN THE TOWN OF FIRESTONE AND.TCI CABLEVISION OF COLORADO, INC. WHEREAS, the Town is authorized to grant one or more franchises 'to construct, reconstruct, operate, and maintain a cable television system within the Town; and WHEREAS, the -current franchise agreement between the Town and TCI Cablevision of Colorado, Inc. ("TCI") expired on November 30, 1999; and WHEREAS, TCI has made application to the Town for renewal of its existing franchise; and WHEREAS, the Town has determined the financial, legal, and technical ability of TCI is reasonably sufficient to provide services, facilities, and equipment necessary to meet the future cable -related needs and interests of the community; and WHEREAS, the Town, after public hearing and due evaluation, has determined that it is in the best interest of the Town and its residents to grant a new franchise to TCI. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,•COLORADO: Section 1. The. Cable Television Franchise Agreement between the Town of Firestone and TCI Cablevision of Colorado, Inc., a wholly owned subsidiary of AT&T Corp., attached hereto and incorporated herein by this reference, is hereby approved. Section 2. The Mayor is authorized to execute and deliver on behalf of the Town the attached Franchise Agreement and all other documents necessary to implement the Franchise Agreement, and is further authorized to negotiate and approve on behalf of the Town such revisions to the Franchise Agreement as the Mayor -w determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Franchise Agreement are not altered. Section 3. Chapter 13.16 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 13.16• CABLE TELEVISION FRANCHISES 121099l10:36[]mk]F:\OFFICE\Fire3tc.ne\Ord\TCI Fran.approve.wpd II Sections: 13.16.010 Grant of Franchise -- Term 13.16.010 Grant of Franchise -- Term. A. Pursuant to Ordinance No. 429, the Town granted to TCI Cablevision of Colorado, Inc., a wholly owned subsidiary of AT&T Corp., a nonexclusive and revocable authorization to make reasonable and lawful use of the public streets, easements and other rights -of -way to construct, operate, maintain, reconstruct, rebuild and upgrade a cable television system for the purpose of providing cable services subject to the terms and conditions set forth in the Cable Television Franchise Agreement, copies of which are on file in the office of the Town Clerk: B. The term of the franchise granted by the Town shall be for a period of ten years from January 14, 2000, the effective date of the Agreement. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for and,• reason, such decision. shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 9` day of December, 1999. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: T.L. Peterson Town Clerk 121099/10;36{ kmk IF:\OFFICE\ Fire5tone\0rd\ TCI Fran. approve. wpd 2 A copy of the agreement is on file and available for public inspection in the.office of the Town Clerk, 151 Grant Avenue, Firestone, Co 80520, (303) 833-3291, during regular business hours. Published in the Farmer & Miner on December 15, 1999. 121099/10:38[knk]F:10FFICE\Firestone10rd1TCI Fran. approve.upd 3 ti ,- ORDINANCE NO; AJ TOWN OF FIRESTONE, COLORADO AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2000 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 9, 1999, and; WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to the total proposed expenditures as set forth in said budget, and; WHEREAS, it is required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums_ . are hereby appropriated from the revenues of each fund, to each fund, for the purposes stated: General Fund Total General Fund Park Fund Total Park Fund Conservation Trust Fund Total Conservation Trust Fund Street and Highway Fund Total Street and Highway Fund Water Fund Total Water Fund Capital Improvement Fund Total Improvement Fund Debt Service Fund Total Debt Service Fund Town Hall Construction Fund Total Town Hall Construction Fund $ 990,329 $_ 185,437 $ 0 $ 192,972 $4,681,011 $ 412,500 $ 55,455 $ 75,000 APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS NINTH DAY OF DECEMBER, 1999. ATTEST: ToWn Clerk 4 SS PAL ;J ti ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE BY THE ADOPTION OF A NEW CHAPTER 17.42, CONCERNING STATUTORY VESTED PROPERTY RIGHTS, AND DECLARING AN EMERGENCY. WHEREAS, the Colorado General Assembly has adopted vested property rights statutes set forth in Article 68 of Title 24, Colorado Revised Statutes (the vested Property'Rights Act"); and WHEREAS, in light of recent amendments to the Vested Property Rights Act, as set forth in House Bill 99-1280, the Board of Trustees desires to identify the types of site specific development plan approvals within the Towns jurisdiction that will cause property rights to vest as provided in such Act; and WHEREAS, the Board of Trustees desires to .adopt other procedures necessary to implement the provisions of the Vested Property Rights Act. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section _.1. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.42 to read as follows: Sections: Sec. 17.42.010. Sec. 17.42.020. Sec. 17.42.030. Sec. 17.42.040. Sec. 17.42.050. Sec. 17.42.060. Sec. 17.42.070. Sec. 17.42.080. Sec. 17.42.090. Sec. 17.42.100. Chapter 17.42 VESTED PROPERTY RIGHT Purpose. Definitions. Creation ---notice and hearing. Notice of approval. Effective.date. Duration and amendment. Payment of costs. Other provisions unaffected. Rights by agreement. Limitations.. 17.42.010 Purpose. The purpose of this chapter is to provide the procedures necessary to implement the provisions of Article 68 of Title 24, Colorado Revised Statutes, as amended. 17.42.020 Definitions. As used in this chapter, the following words and phrases shall have"the meanings set forth in this section, unless the -context otherwise requires: Landowner means any owner of a legal or equitable interest in real property, and includes the heirs, successors, and assigns of such ownership interests. Site _-Specific Development Plan means and is limited to a planned unit development (PUD) final development plan submitted pursuant to Chapter 17.22 of this Title and the Firestone Development Regulations, which plan may be accompanied by a special use permit request submitted pursuant to Chapter 17.32 of this Title and the Firestone Development Regulations. No other type of land use application shall be considered a site specific development plan. Vested Property Right means the right to undertake and complete the development and use of property under the terms and conditions of a site specific development plan. 17-42.030 Creation —notice and hearin . A. A vested property right pursuant to Article 68 of Title 24, C.R.S.; as amended, is created only upon board of trustees approval or conditional approval of a site specific development plan which has been processed in accordance with the provision of this chapter. No administrative or other type of land use approval shall create such a vested property right. B. Any landowner seeking the creation of a vested property right through approval of the site specific development plan shall invoke the procedures of this chapter by specific written request to the Town. The request shall be made to the Town administrator at least 30 days prior to the date the board of trustees is to consider approval of the site specific development plan The failure of the landowner to make such a request renders the PUD final development plan not a site specific development plan and no vested rights shall be deemed to be created by its approval or conditional approval. C. No site specific development plan shall be approved until after a board of trustees public hearing, preceded by notice of the hearing published at least once in a newspaper designated by the Town for the publication of notices. The notice shall be published by the Town at least 15 days prior to the board of trustees hearing date and may, at the Town's option, be combined with any notice required for the PUD final development plan or with any other required notice, or may be given separately. Interested persons shall have the opportunity to be heard at the hearing. D. The board of trustees's intention to create a 2 vested property right shall be set forth in the resolution granting approval or conditional approval of the site specific development plan. 17.42.040 Notice of approval. A. Not more than 14 days after board of trustees approval or conditional approval of a site specific development plan, there shall be published in a newspaper designated by the Town for the publication of notices, a public notice. The notice shall contain the following: 1. A statement that a site specific development plan has been approved and a vested property right created. 2. A statement generally describing the type and intensity of use approved in the site specific development plan, and a reference to the specific board of trustees resolution of approval. 3. A description of the subject property which shall include a vicinity description by reference to the adjacent or nearest road intersection, and which shall include a legal description. B. Each map, plan or other document constituting a site specific development plan shall contain the following language: "Approval of this plan may create a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to include this statement shall prevent the creation of a vested property right. 17.42 a50__ _ Effective date. A site specific development plan shall be deemed approved upon the effective date of board of trustees's final action granting approval or conditional approval of such plan, if such approval is otherwise granted in compliance with the procedures of this chapter. Failure to comply with the procedures set forth in this chapter shall prevent the creation of a vested property right. 17.42.060 Duration and amendment. A. A vested property right which has been created pursuant to this chapter shall remain vested for a period of three years, unless a longer period is expressly authorized by board of trustees resolution. B. The three-year vesting period shall not be extended by any amendments to a site specific development plan. Therefore, in the event the board of trustees approves amendments to a site specific development plan, the effective date of such amendments, for purposes of duration of any vested property right, shall be the date of board of trustees's approval of the original site specific development plan, unless the board of trustees by resolution expressly finds and determines otherwise. vested property rights shall not attach to any 3 administrative amendment, and may attach to amendments to the site specific development plan only if approved in compliance with the procedures set forth in this chapter. 17.42.070 Payment of costs. The applicant for approval of a site specific development plan shall pay a-1 costs incurred by the Town resulting from such plan, including but not limited to costs of review, consultation and advice; costs of drafting and publication of notices, resolutions and other documents; and costs of conduct of public hearings. Reimbursement of such costs shall be provided for through a cost and funds deposit agreement with the Town. 17.42.080 Other provisions unaffected. A. Approval of a site specific development plan shall not constitute an exemption from or waiver of any other provisions of the Firestone Municipal Code, Firestone Development Regulations, or other applicable ordinances, resolutions, or regulations pertaining to the development or use of property. S. The establishment of a vested property right shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land use regulation by the Town, including, but not limited to, building, fire, plumbing, electrical, and mechanical codes. Further, the establishment of a vested property right shall not preclude the application of ordinances -or regulations as otherwise permitted by Article 68 of Title 24, C.R.S., as amended. C. A site specific development plan for which a vested right has been created shall not be exempt from subsequent reviews and approvals to ensure compliance with the terms and conditions of the plan s approval. Failure to abide the terms and conditions of approval of a site specific development plan will result in a forfeiture of vested property rights. 17.42.090 Rights by. agreement. The board of tristees may enter into agreements with landowners providing that property rights shall be vested for a period exceeding three years, where warranted in light of all relevant circumstances, including, but not limited to. the size and phasing of development, economic cycles, and market conditions. Such agreements shall be adopted as legislative acts subject to referendum. 17._42_._100 Limitations. Nothing in this chapter is intended to create any vested property right, but only to implement the provisions of Article 68 of Title 24, C.P.S., as amended. In the event that said Article is 4 repealed, or deemed by a court to be invalid or unconstitutional, this chapter shall be deemed to be repealed and the provisions hereof shall no longer be effective. Section 2. Section 17.22.060.0 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are ): 17.22.060 ODP review ,and processing. A. The ODP application shall be processed in accordance with the Firestone Development Regulations. The planning commission and the board of trustees shall'hold a public hearing on the ODP application in the manner prescribed by Chapter 17.44 for the amendment or change of zoning ordinances. B. Aggroval of the ODP application shall con-stitute_approval of the outline development plan. which approval shall be valid for two years. A one-year extension of.. approval time may be applied for in writing to the board of trustees. The approval of an „outline development plan shall not result in the creation of anX vegted proper y rights. Such approval_ shall allow the applicant to proceed to the next,. development plan stage, subject to the time limits set forth in„this subsection and the other requirements of this chapter. Section I. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The board of trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. 61 Section G. The board of trustees herewith finds, determines, and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to ensure that appropriate procedures regarding the creation and protection of vested rights are in place as soon as possible and prior to the deadline imposed by House Bill 99-1280, and prior to additional significant development activity expected within the Town. Therefore, this ordinance shall take effect upon adoption and signing by the Mayor if approved by three -fourths of the members of the board of trustees. INTRODUCED, READ, ApqPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this %day ofi/,A/ , 1999. T.L. Peterson Town Clerk TOWN OF FIRESTONE, COLORADO 121499/1601[ajl)F:\Users\Sam\WFDocs\Fireston\VRighte.ord 0 ORDINANCE NO. AN ORDINANCE APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 1999 BUDGET YEAR. WHEREAS, the Town of Firestone has received additional sums of money from use tax, building permits fees, park development fees, water tap fees, regional impact fees, and raw water dedications; and WHEREAS, the Town desires to appropriate portions of those funds in addition to the original appropriation amounts, NOW,. THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 1999 appropriation by the Board of Trustees of the Town of Firestcne, Colorado in the General Fund is hereby increased from $509,477 to $634,447 for unexpected building inspection fees. Section 2. That the 1999 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Water Fund is hereby increased from $790,946 to S3,700,000 for unexpected water tap fees and water acquisition fees. Section 3. That the 1999 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Park Fund is hereby increased from S24,371 to $5,629 for unexpected improvements to Hart Park. Section 4. That the 1999 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Impact Fee Fund is. hereby increased from $2,773 to $77,227 for unexpected improvements to the water line, curb, gutter, and asphalt on First Street. APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS NINTH DAY OF DECEMBER, 1999. ��ESTp� N� 0U11N�ti: f ATTEST: SEAL , co T.L-Peterson, Clerk Patterson, Mayor ORDINANCE NO. 433 AN ORDINANCE CONCERNING THE OFFICE OF TOWN ADMINISTRATOR. WHEREAS, by adoption of the annual budget for the year 2000, the Board of Trustees of the Town of Firestone approved a salary expenditure for a Town Administrator; and WHEREAS, the Board of Trustees desires to establish the powers, duties and responsibilities of the Town Administrator, and to provide a procedure for appointment and removal of a Town Administrator. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.08.010.0 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strike__ thL-eidg^) : 2.08.010 Officers, appointment, term. C. There shall be appointed by the board of trustees a eireui} rider /town administrator, whose duties, remuneration and conditions of employment shall be determined by the board of trustees. Section 2. Title 2 of the Firestone Municipal Code is amended by the addition of a new Chapter 2.10 to read as follows: Chapter 2.10 TOWN ADMINISTRATOR Sections: 2.10.010 Office established. 2.10.020 Appointment and dismissal. 2.10.030 Powers and duties designated. 2.10.040 Responsibility of Board of Trustees not impaired. 2.10.010 Office established. There is created and established the position of Town Administrator of the Town. 1 2.10.020 Appointment and dismissal. The Town Administrator shall be appointed by the Board of Trustees of the Town of Firestone. The Town Administrator shall be selected solely on the basis of his or her executive and administrative qualifications, with special preference given to training and experience. The Town Administrator shall be compensated for his or her services as the Town Board determines. The Town Administrator may be removed by a majority vote of the full Board of Trustees, as provided in section 2.08.050. 2.10.030 Powers and duties established. A. The Town Administrator shall be the chief administrative officer of the Town government. B. The Town Administrator's powers and duties shall be: 1. Plan, coordinate and provide overall direction for the various program activities of the Town; 2. Supervise the conduct of land surveys, engineering, design and subdivision code conformance checks; 3. Administer the Town zoning ordinance as directed by the Board of Trustees; 4. Assist the building inspection department with contracted construction as necessary and ensure the review of project plans and plats. Ensure the inspection of construction projects for adherence to approved plans and specifications; 5. Assist the planning department in recommending zoning changes and code revisions; 6. Coordinate planning activities and direct the collection of planning data; 7. Meet with the Board of Trustees and Town officials and employees on all aspects of the Town's programs; 8. Prepare and recommend to the Board of Trustees an annual Town budget; 9. Prepare and submit department budget requests and control Town programs from viewpoints of costs; 10. Prepare and present operating and special reports as necessary; 11. Prepare state, federal and private foundation grant applications as directed by the Town Board of Trustees; 12. Establish, improve and update records management and fiscal accounting systems; ON 13. Work with department heads and employees to solve internal organizational problems both within departments and across department lines; 14. Assist builders, property owners and the public on code and ordinance requirements, violations and corrective procedures; 15. Attend conferences and seminars to keep abreast of current trends in the field of municipal management; 16. Perform all statutory obligations for the position as mandated in Colorado Revised Statutes; 17. Supervise all municipal office functions, in -line personnel and coordination with other municipal departments; 18. Perform such other duties and responsibilities as may be prescribed by this Code or state law, or by direction of the Town Board. 2.10.040 Responsibility of the Board of Trustees not impaired. Nothing in this Chapter shall impair the responsibility of the Board of Trustees of the Town of Firestone for the overall operation of the Town government as required by the laws of the state of Colorado. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining pertions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. IN7_RODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 16t.� day of December, 1999. TOWN OF FIRESTONE, COLORADO ick Patterson Mayor 3 Attest; ci" 1 T.L. Peterson Town Clerk 121799/1356[kmk]f:\OFFICE\Firestone\Ord\TownAdmin ORDINANCE NO. AN ORDINANCE AMENDING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE, CONCERNING SUBDIVISIONS, TO EXEMPT ARTERIAL RIGHT-OF-WAY CONVEYANCES FROM THE TOWN'S SUBDIVISIONS REQUIREMENTS AND TO REVISE THE TYPES OF SUBDIVISION APPLICATIONS THAT MAY BE PROCESSED AS MINOR SUBDIVISIONS. WHEREAS, the Town is authorized by state law, including but not limited to, C.R.S. section 21-23-214, to adopt and amend regulations governing the subdivision of land; and WHEREAS, the Town desires to amend Title 16 of the Firestone Town Code, concerning subdivision, to exempt arterial right-of-way conveyances from the Town's subdivision process and to revise the types of subdivision applications that may be processed -as minor subdivisions; and WHEREAS, such amendments are intended to reduce the procedures associated with the creation of public sites and public rights -of - way for arterial streets. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection F of Section 16.04.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are etri-eken threugh) : - .16.04.020 Definitions. For the purpose if this title, certain words used in this title are defined a-s follows: F. "Subdivision" means the division of a parcel of land into two or more lots for the purpose of transfer of ownership or building development. "Subdivision" does not means or include any division of land for the sole purpose of conveying to the Town additional right-of-way for the widening or other improvement of an arterial street. Section 2. Subsection A of Section 16.12.090 of the Firestone Municipal Code is hereby amended by the addition of a new sub - subsection 16.12.090.A.4, to read as follows (words to be added are underlined) : 16.12.090 Minor Subdivisions. A. The following minor subdivision procedure may be used for a subdivision application meeting one or more of the following requirements: 4. The subdivision is a division of a parcel or lot into not more than two lots one or both of which are to be conveyed to the Town, or into three lots.,_ at 1 least two of which are to be conveyed to the ,Town. The approval of any subdivision under this section may be conditioned upon conveyance to the Town of such lots. Section 3. Subsection B of Section 16.12.090 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-rek ): B. A minor subdivision plat shall not.be approved if 'the property is within any parcel or lot, any part of which has been subdivided by a minor subdivision within the three years preceding the date of the current application. A subdivision meeting the requirements of Section 16.12.090.A.4. shall not be considered in determining compliance with this subsection B. Section 4. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL.this day of , 2000. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 2 Attest: `r,- own, F :SEAL cl Town Clerk OVA• COL 011100/1127[sjl]F:\Users\Sam\WPDocs\Fireston\Plat.ord ORDINANCE NO. �ZS� AN ORDINANCE APPROVING THE VACATION OF A WATER LINE EASEMENT AND STORM SEWER EASEMENT WITHIN THE TOWN OF FIRESTONE WHEREAS, by the plat of Oak Meadows P.U.D. Filing 1, recorded on April 27, 1999, at Reception No. 2689867, Weld County Records, the Town was granted a 20-foot wide storm sewer easement within Lots 12 and 13, Block 1, Oak Meadows P.U.D. Filing 1 (the "Storm Sewer Easement"); and WHEREAS, by that certain Easement Deed recorded on April 22, 1999, at Reception No. 2688883, Weld County Records, the Town was granted an easement over certain property described therein, which easement was intended for construction of a water line (the "Water Line Easement"); and WHEREAS, the facilities to be located within the Storm Sewer Easement and the Water Line Easement have been constructed in different locations; and WHEREAS, proper application has been made to the Town for vacation of the above -described Storm Sewer Easement and Water Line Easement, with replacement easements to be granted for the relocated facilities; and WHEREAS, at this time no Town utilities run through the Storm Sewer•.Easement or Water Line Easement proposed for vacation; and WHEREAS, the Town Board has determined that the Storm Sewer Easement and Water Line Easement are not and will not be needed for any public purposes, and are not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to approve the application and vacate the Town's interests in the Storm Sewer Easement and Water Line Easement. NOW, THEREFORE., BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby approves the vacation of that certain 20-foot Storm Sewer Easement located within Lots 12 and 13, Block 1, Oak Meadows P.U.D. Filing 1, as more particularly described in Exhibit B to the Storm Sewer Easement Vacation and Grant Agreement attached hereto and incorporated herein by reference. Such. vacation is conditioned upon the granting of a replacement easement. over the property described in Exhibit A to the Storm Sewer Easement Vacation and Grant Agreement attached hereto. 1 Section 2. The Town hereby approves the vacation of that certain Easement conveyed to the Town by Easement Deed recorded on April 22, 1999, at Reception No. 2688883, Weld County Records, which vacated easement is more particularly described in Exhibit B to the Water Line Easement Vacation and Grant Agreement attached hereto and incorporated herein by reference. Such vacation is conditioned upon the granting of a replacement easement over the property described in Exhibit A to the Water Line Easement Vacation and Grant Agreement attached hereto. Section 3. The Mayor 'and Town Clerk are hereby authorized to execute on behalf of the Town the attached Storm Sewer Easement Vacation and Grant Agreement -and the attached Water Line Easement Vacation and Grant Agreement. Section 4. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED,, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �Y/day of 2000. TOWN OF FIRESTONE, COLORADO FVRESr •••"'•••.�� ick Patterson ►' �cOy�ti,�� ayor Attest: SA� 1 % n'^�-�� �s1V71T� COLS , ' ToWH 4Clerk 011300/1132[sjl]F:\Users\Sam\WPDOcs\Fireston\Oakmead.6rd 0 STORM SEWER EASEMENT VACATION AND GRANT AGREEMENT THIS STORM SEWER EASEMENT VACATION AND GRANT AGREEMENT ("Agreement") is made and entered into this _ day of January, 2000 by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 150 Buchanan Avenue, Firestone, CO 80520, ("Town") and ST-Firestone LLC, a Colorado limited liability company with an address of 4190 N. Garfield Avenue, Loveland, CO 80538 and its assigns, ("Developer"). WITNESSETH: WHEREAS, the Town and Developer are parties to that certain Plat; Oak Meadows P.U.D. Filing 1, recorded in the office of Weld County Cleric and Recorder on April 27, 1999 at Reception # 2689867 ("Plat"); and WHEREAS, the'rown and Developer have agreed that the twenty (20) foot storm sewer easement legally described and depicted in Exhibit E attached hereto and incorporated herein by this reference which was dedicated by Developer on the Plat ("Vacated Easement") must be vacated and replaced with a new twenty (20) foot storm sewer easement legally described and depicted in Exhibit A ("Replacement Easement"); and WHEREAS, the Town Board by ordinance has' approved the vacation of the vacated easement described herein. NOW, THERMFORE, in consideration of the promises of the parties one to the other, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer hereby bargains, sells, conveys, transfers, and delivers unto Town, and to Town's successors and assigns, a perpetual easement in the Replacement Easement for the purpose of conveying stormwater from Developer's land depicted in the Plat ("Developer's Land"), and for the purposes of inspecting, constructing, maintaining, operating,, repairing; renovating, and restoring a storm sewer drainage system, with the right of ingress and egress at reasonable times for such purposes; and the Town hereby vacates, demises, and releases all right, title, and interest in and to the Vacated Easement. Developer, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its successors and assigns, that at the time of the ensealing and delivery of these presents, Developer is well seized of the property on which the easement above conveyed is located, and has good, sure, perfect absolute and indefeasible estate, in law, in fee simple, and has good right, full power and authority to grant bargain, sell, and convey said easement in manner and form as set forth above, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and 3restxictiom of whatever kind of nature whatsoever, except those of record_ The Developer shall and will warrant and defend title to the above conveyed easement in the Town, its successors and assigns, against all persons claiming under Developer. Developer expressly reserves the right to use Developer's Land and to grant any other rights of use and easements which are not inconsistent with the rights granted under this Agreement and which will not materially interfere with the installation, use, or maintenance of the storm sewer. All of the foregoing are granted and released subject to existing covenants, conditions, restrictions, liens, claims, easements, and other matters of record. Developer agrees that reference to this instrument will be made in any subsequent deed, or other legal instrument, by means of which Grantor conveys any interest in Lot 14 or 15, Block 1, Oak Meadows P.U.D. Filing L Except as otherwise explicitly provided herein, all of the terms and conditions applicable to the Vacated Easement shall apply to the Replacement Easement with full force and effect and are hereby ratified by the parties. All provisions of this Agreement, including all benefits and burdens, shall run with Developer's Land, as applicable, and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WFIEREOF, the parties hereto have affixed their signatures as of the date first written hereinabove. Developer: Town: ST-FIRESTONE, LLC, a Color limited lia By Jo ar tin , Manz By: 'Teo . Schuster, Ma State of Colorado County of L.ctre.►��r TOWN OF FMSTONE, COLORADO Name: Mayor The foregoing instrument was acknowledged before me this l 344 day of January, 2000 by Joe Tarantino as Manager of St -Firestone, LLC. A. Notary Public [SEAL] '� My Commission expires: • ?� RIaeC' [ DER,', A. i'_'11EK'4 TF•0 f..�pQ -2- State of Colorado. County of L-.ar;�r The foregoing instrument was acknowledged before me this ! 34Lday of January, 2000 by Leo J. Schuster as Manager of St -Firestone, LLC. ..rll� ,•i�, Notary Public DEBRA PL:UKKES 9 [SEAL] N 'Q My Commission expires: •., fry F �0 State of Colorado County of The foregoing instmment was acknowledged before me this day of January, 2000 by as Mayor of the Town of Firestone. Notary Public (SEAL] My Commission expires: Lender Consent: The undersigned., First National Bank, as beneficiary of two Deeds of Trust which constitute liens upon the property described in Exhibit A hereto, recorded in the real property records in Book 1998 at Reception No. 2608339 and in Book 1998 at Reception No. 2608341, Weld County, Colorado, hereby consents to the conveyance of the easement herein described and hereby forever releases the same firom the liens created by said Deeds of Trust. FIRS NATIONAL B By , 3ames H. rupp, Vicetresidl/ -3- State of Colorado County of i IY�Y Die Foregoing instrument was acknowledged before me this _� day of January 2000 by James H Trupp, Vice President of First National Bank. J5.•••••••.;�F Notary Public � •. pTq�l�•9 [SVAL] My Commission expires; D1-i'2'-)-� _ - • 'AVB OF CO My Commission E*Ims 0111 31M -4- ExM bit A LEGAL DESCRIPTION A portion of Lot 14 Block 1, Lot 15 Block 1 and Tract B as shown on the record plat of Oak Meadows P.U.D. Filing 1 as recorded in the official records of Weld County at V eception Number 2689867, situated in the southwest one quarter of Section 6, Township 2 North, Range 67 West of the Sixth Principal Meridian, 'town of Firestone, County of . Weld, State of Colorado, described as follows: The Basis of Bearings is the west line of the southwest one quarter of Section 6, Township 2 North, Range 67 West of the Sixth Principal Meridian, as mouummted with and illegible 1 '/i' aluminum cap and witnessed with a 2 Vz" aluminum cap PLS 17664 at the vilest one quarter corner of said Section 6, and a 2 l/:" aluminum cap PLS 28656 at the southwest corner of said Section 6, with an assumed bearixig of N 00°22'35" E. Commencing at the northeast comer of said i,ot 15, Block 1, Oak Meadows P.U.D. Filing 1; Thence S 00°22'35" W along the easterly property line a distance of 48.18 feet to the POINT OF BEGINNING; Thence S 00°22'35" W, continuing along said east line and the east line of lot 14, Block 1 Oak Meadows P.U.D. Filing 1, a distance of 20.00 feet; Thence N 89°39'03" W parallel with and 10 feet south of the south line of said lot 15, a distance of 103.25 feet to the west line of said lot 14; Thence S 00°20'57" W, along �b`ewest line of said lot 14 and the west lime of said lot 13 a distance of 130.18 feet; Thence N 89°37'25" W, along a existing 20' storm sewer easement shown on said Oak Meadows P.U.D. Filing 1 a distance of 21.81 feet and to the east R.O.W. of County Road 13; Thence N 00022'35" E along said R.O.W. line, a distance of 150.17 feet; Thence S 89°39'03" E, a distance of 125.00 feet to the POINT OF BEGINNING, Containing 0. 123 acres, more or less. Said parcel being subject to any and all easements, rights of way, variances and or agreements as of record may appear, prepared by. E.J. Grabowski 9 of 2 for and on behalf of GEOSUAV, Inc. 620 Stacy Ct. Suite 8 Lafayette, CO 80026 303 666 0379 G:t�easurv5703A97039o5l;tpmrtasel.doe Pdnted:12113= 2-.01 PM Oy do ul/ l.aiuu IZ: Z5 FAA 97o 669. 8299 Progressive Living EXHIBIT A STORM SEWER EASEMENT NORTH LINE OF r LOT 15, BLOCK 1 OAK Mf=ADOWS P.U.D. FILING 1 N893903W (RECP. No. 2689867) m m� m 0Ln z LOT 15, BLOCK 1 IL OAK MEADOWS P.U.D. FlUNG 1 04 (RECP. NO. 2689e67) CO o .. 0 P.D.B. co a $89.39'03" E 125.00' �- 77/'ter N89'39'03",N 103.25' Q •Am r/� � o � to f , :..� 20' STORK SEWER EASEMENT ` r LOT BLOCK I �oz 14, v In 0 En , 10 OAK MEADOWS P.U.D. FILING 1 9 .Q V O (RECP. N0. 26$9867) UJ v r ►� /rJ M uO ,. . o w % 04 N / / to p {. N Z ,. r 0 0 r' 0 N89'37'25"W 21.81' LOT 13, BLOCK 1 OAK MEADOWS P.U.D. FILING i (RECP. NO. 2689867) tr r rr r rr r r r r rr i r � SOO'22'35"W 20.00' North EXISTING 20' STORM SEINER 0 30 e0 EASEMENT cnrsphlc Scala in Feel y in" � 8d fast SI3EET 2 O 2 Exhibit B Vacated easement between lots 12 & 13 of block 1 in Oak Meadows P.U.D. Filing I 17 I � � 8 � �- +37'25� � ��7'aa'� as.�• t sa- as^� � �� 4 6.20asqALj as.ao' g—$—W3T I L 4W!7,Z it Iv -A- C. -�-'i h, y4 S89 37'25 SWW'261 S89 37 2+�"E ti 9 37 7:a N + 16 { rS 59,40' T _6B^20_ « 58.40 _ o °° ! 3 �I 4 11 5; I 7,ozs 'Oil _. +E 6,920 aq.iR t 1 7,014 sgft I ► ; t i tV 1 I t 7014, IC1.B. 14 6 I$ ix f. I 6,033 sq.fL I i ' q 17 r I 13 2a1ss ,3 M I t I 1 ,z LJ '4 +3 6,3D0 sgfA i } 8.130 iR rra-��{{�� n���,Srvl���2� + t rr l 11 `� 10,374 &q ft I I I 9 l 8,314 vgAL 1 I I I 7432 sgIL �i j____ -J L 7,ff J C3 4 S _ -- - __'1_ -+ 'W 83,95'- l Ne'�03'2SE 94.2W T7S8' I flY I 1 L286 - 5$g'pi'23`I! . . t+ ` BLVD. OAK MEADOWS,I•oa� _sYatn, s4.W t169'a�12rer- �,, ' i� 588'03'a WATER LINE EASEMENT VACATION AND GRANT AGREEMENT THIS WATER VINE EASEMENT VACATION AND GRANT AGREEMENT ("Agreement") is made and entered into this day of January, 2000 by and between the TOWN OF FIRESTONE, a Colorado municipal corporation with an address of 150 Buchanan Avenue, Firestone, CO 80520, ("Town") and ST-Firestone LLC, a Colorado limited liability company with an address of 4190 N. Garfield Avenue, Loveland, CO 80538 and its assigns, ("Developer"). WITNESSETH: WREREAS, the parties hereto are the parties to that certain Easement dated February 10, 1999 and recorded on April 22, 1999 at Reception Number 2688883, which provides for a water line across the Developer's Land; WHEREAS, the Town and Developer have agreed that the twenty (20) foot water line easement legally described and depicted in.Exhibit B attached hereto and incorporated herein by this reference which was granted by Developer, ("Vacated Basement") must be vacated and replaced with a new twenty (20) foot water line easement legally described and depicted in Exhibit A ("Replacement Easement"); and WHEREAS, the Town Board by ordinance has approved the 'vacation of the vacated easement described herein. NOW, THEREFORE, in consideration of the promises of the parties one to the other, and for otl_er good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer hereby bargains, sells, conveys, transfers, and delivers unto Town, and to Town's successors and assigns, a non-exclusive perpetual easement for a 12-inch underground water line and appurtenant facilities in the Replacement Easement for the purpose of delivering water to and across Developer's land, and for the purposes of inspecting, constructing, maintaining, operating, repairing, renovating, and restoring the water line and appurtenant facilities with the right of ingress and egress at reasonable times for such purposes; and the Town hereby vacates, demises, and releases all right, title, and interest in and to the Vacated Easement_ Developer, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Town, its successors and assigns, that at the time of the ensealing and delivery of these presents, Developer is well seized of the property on which the easement above conveyed is located, .and has good, sure, perfect absolute and indefeasible estate, in law,•in fee simple; and has good right, fall power and authority to grant bargain, sell, and convey said easement in manner and form as set forth above, and that the same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind of nature whatsoever, except those of record. The Developer shall and will warrant and defend title to the above conveyed easement in the Town, -its successors and assigns, against all persons claiming under Developer. Developer expressly reserves the right to use Developer's Land and to grant any other rights of use and easements which are not inconsistent with the rights granted under this Agreement and which will not materially interfere with the installation, use, or maintenance of the water line. All of the foregoing are granted and released subject to existing covenants, conditions, restrictions, liens, claims, easements, and other matters of record. Except as otherwise explicitly provided herein, all of the terms and conditions applicable to the Vacated Easement shall apply to the Replacement Easement with full force zmd effect and are hereby ratified by the parties. All provisions of this Agreement, including all benefits and burdens, shall run, with Developer's Land, as applicable, and 'are binding upon and shall inure to the benefit of .the successors and assigns of the parties hereto, subject to the provisions hereof. IN WITNESS WREREOF, the parties hereto have affixed their signatures as of the date first written hereinabove_ Developer: ST-FIRESTONE, LLC, a Colo 'ted liab' ' o 'y By- % tea' By: Leo J. Schu er, Manager State of Colorado ) County of Lca c " Town: Towle OF FIRESTONE, COLORAJDO Name: Mayor The foregoing instrument was acknowledged before me this 13 fL day of January , 2000 by Joe Tarantino as Manager of St -Firestone, LLC. Notary Public �Y fir, q [SEAL] p't „B� f My Commission expires: 7 � oot DEBJEQ-9A. CP -2- 1 rroF State of Colorado ) County of _ L,ar�+•,�er } The foregoing instrument was acknowledged before me this 13- "day of January, 2000`by Leo I Schuster as Manager of St -Firestone, T.T.C. a"O;y.:r''.g� Notary public [SEAL] My Commission expires:oo/ 1Fo�40� State of Colorado _ County of } The foregoing instrument was acknowledged before me this as Mayor of the Town of Firestone. day of January, 2000 by Notary Public [SEAL] My Commission expires:. Lender Consent: The undersigned, First National Bank, as beneficiary of two Deeds of Trust which constitute liens upon the property described in Exhibit A hereto, recorded in the real property records in Book 1998 at Reception No. 2608339 and in Book 1998 at Reception No. 2608341, Weld County, Colorado, hereby consents to the conveyance of the easement herein described and hereby forever releases the same from the liens created by said Deeds of Trust. -3- State of Colorado County of i The foregoing instrument was acknowledged before me this i -Irday of January 2000 by James H Trupp, Vice President of First National Bank. SR L",,) �).A 9 �JS o�'�N`�� Notary Public •� L [S A My Commission expires:- crti •. A G •: O O �TF FA O My Cam6wlon Expires 01113I2003 Exhibit A LEGAL DESCRIPTION A 20 foot wide strip of land, being a portion of that tract of land known as ST Firestone LLC recorded at Reception Number 2604408 in the official records of Weld County and a portion of Tract Q and Tract R Oak Meadows P,U.D. Filing 1 recorded at Reception No. 2689867 in the official records of Weld County, situated in the southwest one quarter of Section 6, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Town of Firestone, County of Weld, State of Colorado, said strip lying between parallel sines being 10 feet on both sides when measured at right angles or radial to the following described centerline: The Basis of Bearings is the west line of the southwest one quarter of Section 6, Township 2 North, Range 67 West of the Sixth Principal Meridian, as mortumented with an illegible 1 ''/2" aluminum cap and witnessed with a 2'/�" aluminum cap PLS 17664 at the west one quarter corner of said Section 6, and a 2 %a" aluminum cap PLS 28656 at the southwest corner of said Section 6, with an assumed bearing of N 00°2235" E, Commencing at the southwest corner of said Section 6; Thence N 24°4331" E a distance of 120.40 feet to a point on the easterly right.of way I ine of County Road 13 as shown on that record plat of Oak Meadows P.U.D. Filing 1 as recorded in the official records of Weld County at Reception Number 2689867 and the POINT OF BEGINNING; Thence S 87302" E a distance of 1635.83 feet; Thence S 85008' 17" E a distance of 183.03 feet to a point on the nortberly right of way I ine of Weld County Road 24 as shown on said plat of Oak Meadows RU.D. Filing 1, said point being the POINT OF TERMINUS. Excepting therefrom all that portion lying within Oak Meadows Blvd, and Weld County Road 24 as shown on the record plat of Oak Meadows P.U.D. Filing 1 recorded in the official records of Weld County at Reception Number 2689867. Note: the sidelines of said centerline shall be lengthened or shortened as necessary to terminate at the subject property Iines_ Containing 0.998 acres, more or less. Said parcel being subject to any and all easements, rights of way, variances and or agreements as of record may appear. Note; the above description is based on construction drawings prepared by Tuttle Applegate, Inc. and asbuilt drawings prepared by Hall -Irwin Construction of the installation of that waterline shown on said construction plans. prepared by: E.J. Grabowski for and on behalf of G50SURV. Inc. 520 Stacy Ct. Sulte 6 Lafayette, CO 80026 303 666 0379. C :{W INV O W 3%TE&nwatcr.a o s e 1 l. dd o Printed: 01113MO a36 AM by do 1 of 2 1 N24.4SVE 120.40'! (Surv$y Tie) I r 4 4 COR SEC B 2" ALUM CAP (( EGBLE! P1.�.28.a ST y 21V2" ALUM CAP I EXHIBIT A WATER LINE EASEMENT I Q �-^ 80.0' R.O.W. r N .(BOOK 1596, PAGE 830) 3 Unplatted Q I Land I u S85'08' 17"E P.QB_ TRACT 0 Y TRACT R 183,03' / 587'34b2"E '635.83, a P.0_T_ 5y►' COR 5EC 6— 2 Y/2' ALUM CAP I PLS9 28655 1 ! R.O.W. PCR OAK E MEADOWS P.U.D. I FILING 1 I REC No. 2689867 I I I WELD COUNTY ROAU 24 (BOOK 48. PAGE-273) -T20' WIDE WATERLINE EASEMENT North 0 aOd �00 GrapFtic Scvle In Feet Z Inon &cc) fn. SHEET 2 OF 2 I EXHIBIT B (1 of 4) Vacated Easement: KNOW ALL MEN BY T141ESE PRESIENTS: that the undersigned ST-Firestone, LLC, A Colorado Limited Liability Company ("Grantor"), being tho owner of certain Feat property in Weld County, Colorado, legal ly described at Reception No. 2604408 in the Weld County Records, in consideration of Ten Dollars ($10,00) in hand paid, receipt of which is hereby acknowledged and other good and valuable consideration, does hereby grant, bargain, sell and convey unto the Town of Firestone, Colorado, a municipal corporation whose address is 150 Buchanan Ave., Firestone, Colorado, 80520 ("Grantee"), a PERMANENT EASEMENT for drainage over that certain property lying in the Town of Firestone, County of Weld, State of Colorado, and more particularly described oil Exhibit "A" (Shccts I and 2 of 2), attached hereto and by this reference made a part hereof, togctller with all the rights and privileges as are necessary or incidental to the reasonable and proper use of such PERMANENT EASEMENT. Grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with tine Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the property on which the easement above conveyed is located,. and has good, sure, perfect, absolute and indefeasible estate, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell, and convey said easement in manner and form as set forth above, and that the same is free and clear from all former and other grants, bargains, sales, lions, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except those of record. The Grantor shall and will warrant and defend title to the above conveyed easement in Grantee, its successors and assigns, against all persons claiming under Grantor. WITNESS our hands and se* this M day ;( u .1999. GRANTOR: ST-Firestone, LLC A Colorac o Limited Liabil' y Com y oc Tarantino, Managing Member STATE OF COLORADO COUNTY OF LARIMER By&--/� , Managing fiber ACKNOWLEDGMENT ss. The foregoing instnunent was acknowledged before me this j 0 a day of Fib r" C -, ,1999, by Joe Tarantino and Uo J. Schuster, Managing Members of ST-Firestone, LLC. Witness nay hand and official seal. My commission expires: _ �9fol,..— (SEAL) Notary public r.I EXUBIT B (2 of 4) UNDER CONSENT The undersigned, First National Bank, as beneficiary of two Deeds of Trust which constitute liens upon the property described herein, recorded in the real property records in Book 1998 at Reception No. 2608339. and in Book 1999, at Reception No. 2608341, Weld County, Colorado, hereby consents to the conveyance of the easement herein described and hereby forever releases the same from the liens created by Said Deeds of Trust. F=RST NATIONAL BAN ! es 11. Tr p, Vice PrOlArat ACKNOWLEDGMENT STATE OF COLORADO ) ) 55: COUNTY OF The foregoing instrument was acknowledged before me this day of uFrr��, 1999, by Jamcs H. Trupp, Vice President of First National Bank. Witness my hand Fuld official seal. O :. r4a My commission expires (SEAL) Notary Public rF •.,. -.•• Q 0jr CQt-a Icy Commission Expires f ams 002 at C EXHIBIT B (3 of 4) C10010 _ LEGAL DESCRIPTION A parcel of land situated in the southwest one quarter of Section 6, Township 2 North, Range 67 West of the Sixth Principal Meridian, Town of Firestone described as Follows: , County afWeld, State of Colorado, The Basis of Beatings is the west Dine of the southwest one quarter of Section 6, Township 2 North, Range 67 'West Of the Sixth Principal Meridian, as montiuiented with at, aluminum Mp PLS 28656 at the south end, and as aluminum cap PLS 17664 at the north end, and is assumed to bear N 00022'35" E a distance of 2754.30 feet. Commencing at the southwest comer of said Section 6, a found aluminum cap PLS 28656: Thence N 74°54'26" E a distance of 23 1, 50 feet to the POINT OF BEGINNING, Thence N 02058'09" E a distance of51.69 feet; Thence S 87034'01" E a distance of 1487.93 feet; Thence S 02025'59" W a distance of 20.Q0 feet; Thence N 87034'01" W a distance of 1137.20 feet to a point of curvature; Thence along the arc of a curve to the left a distance of 187.44 feet, said curve having a radius of 1530.00 feet; a delta angle of7°01'09" and a chord distance of 187.32 feet; which bears S 8805522" W; Thence S 85"24'51" W a distance of 165,50 feet to the POINT OF BEGINNING. Containing 0,78 acres, more or less. Said parcel being subject to any and all easements; nights of way., variances and or agreements as of record may appear, PrVafed by: E.J. Grabowol for and on behalf of GEOSURv, lnc. 520 Stacy CZ Suite 8 Lafayette, CO 80026 3M 666 03n a PWIad! 1IM" &IS Ply by o sheet 1 of 2. H7454'26'E 23i.50' 1 ¢ (SURVEY TIE) auu 512157 t P.O. B. - Y NO2.55'09E 51.69' �D f 4 Ul-- 14 7.93' S02'25'59'W 20.00' --------- -- ------ S88'S4'28"E S85'24'51 "W L R-1500.00' N87'34'01 "1N i 65.5a' 1_-183.76' 1 137.20' C=183.s5' C6=S8W55'22"W ORDINANCE NO. AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE FIRESTONE MUNICIPAL CODE AS FOLLOWS: ADOPTING NEW NOTICE REQUIREMENTS FOR SUBDIVISION APPLICATIONS; INCREASING THE PUBLIC LAND DEDICATION REQUIREMENT FOR SUBDIVIDED LAND; ADOPTING PARK DESIGN AND CONSTRUCTION STANDARDS FOR NEIGHBORHOOD OR SMALLER PARKS WITHIN SUBDIVIDED LANDS; ADOPTING A PRELIMINARY DEVELOPMENT PLAN STEP AND AN OPTIONAL OVERALL FINAL DEVELOPMENT PLAN STEP AS PART OF THE TOWN'S PLANNED UNIT DEVELOPMENT REGULATIONS; REVISING THE SUBMITTAL REQUIREMENTS AND REVIEW CRITERIA FOR CONDITIONAL AND SPECIAL USE PERMIT APPLICATIONS; AND MAKING ADDITIONAL AMENDMENTS TO CERTAIN OTHER SECTIONS OF SUCH TITLES. 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 segue authorizes the Town to establish zoning districts and adopt zoning regulations; and WHEREAS, C.R.S. section 24-67-101 et sea. 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; and WHEREAS, the Board of Trustees desires to amend titles 16 and 17 to adopt new notice requirements for subdivision applications, to increase the public land dedication requirement for subdivided land; to adopt park design and construction standards for neighborhood or smaller parks within subdivided lands; to adopt a preliminary development plan step and an optional overall final development plan step as part of the Town's planned unit development regulations; to revise the submittal requirements and review criteria for conditional and special use permit applications; and to make additional amendments to such titles; and WHEREAS, the Board of Trustees finds that such amendments will further the public health, safety, and general welfare for the purposes set forth in C.R.S. §24-67-102(c) through (j) and C.R.S. §31-23-301 et sea.; and WHEREAS, the Board of Trustees finds that there is a demonstrated need to provide additional parks, trails and open space areas within the Town to serve its growing population, and that the available areas are diminishing with new development; and 1 WHEREAS, the Board of Trustees finds that the increased land dedication requirement set forth in this ordinance will help provide for adequate and convenient open spaces for recreation and other public uses; and WHEREAS, the Board of Trustees finds that the increased land dedication requirement and the size of such dedication requirement set forth in this ordinance are designed and intended to reasonably relate to the needs created or contributed to by subdivision development within the Town; and WHEREAS, all required notices and public hearings concerning this ordinance have been provided. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 16.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are etrieke ) : 16.08.050 Preliminary Plat. Four sets of a preliminary plat aaplication, which shall contain the information required by this title and the Firestone Development Regulations s�:ib&visiea design standards pr__e __-effianaal, tegether=with a eepyef the , shall be submitted to the town. The submittal shall be reviewed and processed in accordance with this title the Firestone Development Regulations. After the second submittal has been received and all referral and comment periods have been completed, as stated in the., Firestone Development Regulations, the preliminary -plat application shall be transmitted to the secretary of the planning commission and a hearing on the application shall be set for at least ten days prier te a regular meeting of the planning commission. , the p-la-niA(g cemmiss±eir.- Section 2. Section 16.08.060 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are ): and hearinc nary nl A. The planning commission shall provide notice and hold its public hearing on the preliminary_ plat application in the manner prescribed by Chapter 17.44 for the._. amendment or change of zoning ordinances. The planning commission shall hold its hearing and approve, disapprove, or approve the preliminary plat with modifications within 30 days after the plat .has been transmitted to it pursuant to section 16.08.050, unless 2 the applicant requests or consents to a longer period of time. The notice of the subdivision application may be combined with any other notice re uired under this title or title 17. Thes�eeL-etary e€ the planning eemffli s s-rer� shall netify the -subdivider by e••L-tified Fame ef the ti i£ an4 plaee ef the hearintl net less than five days befeL-e -the--•date fimed €ef the hearing. omil-a-i- ne toe• shall� pies d iabdivisien. The secretary of the planning commission shall transmit the preliminary plat and the commission's recommendations to the board of trustees for its action. B. The board of trustees,_ within 60 days after receipt of the -preliminary plat,shall hold a public hearing on the preliminary plat and approve, disapprove, or approve with modifications the preliminary_ plat. The board may also refer the preli_minary plat back to the planning commission for further „study. The town board shall provide notice and hold its public hearing on the reliminar lat application in the manner prescribed b Chapter 17.44 for the amendment or change of zoning ordinances. The notice of the subdivision application may be combined with any other notice required under this title or title 17. Section 3. Section 16.08.070 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are ): 16.08.070 Effect of action on preliminary plat. The planning eemRiissien shall, as sueh meeting er at pre'__m_'_ar-y plat. if arr=eyed, eepies of the preen-!FRJ':irar-y plat eha l be f e rwa-rdedte the -e f f i ee ef the ayei—and bird of tiF - If the preliminary _plat is approved,, the same shall be filed in the office of the town clerk. The approval of a loreliminary plat shall not result in the creation of any vested property ri hts. Such alp roval _shall allow the applicant to proceed to the final plat -_stage, subject to the time limits and other requirements of this chapter. Section 4. Section 16.12.060 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are st:Fieke:_ "_hre:agh) : 16.12.060 Planning commission action on final plat _ _ A. Four sets of a f inal plat application, which shall contain the information required by this title and the Firestone Development Regulations shall be submitted to the town. The submittal shall be reviewed and processed „in accordance with this title and the Firestone Development Regulations. After the second submittal has been received and all referral and comment periods have been completed, as stated in the Firestone Development Regulations, the final plat application shall be transmitted to the secretary of the planning commission and a hearing on the application shall be set for a regular meeting of the planning commission. B. The Plannin2 commission shall Provide notice and hold a public hearing on the final plat application in the manner prescribed by Chapter 17.44 for the amendment or change of zoning ordinances. The planning commission shall hold ,its hearing and approve disapprove or approve the final plat with modifications within 30 days after the plat has been transmitted to it pursuant to subsection A of this section, unless the applicant requests or consents to _a longer period ,of time. The notice of the subdivision application may be combined with any other notice re uired under this title or title 17. The secretary of the planning commission shall transmit the er4(j!Ral-and six eeprem-efhe final plat the effiee-e fthe Riayer €eL- eheekingand-e e is f e rm i t=y--with law. The effiee ef the maye,- shall then transmit the the final plat and the commission's recommendations to the board of trustees for its their action. Section 5. Section 16.12.070 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are sty eie'._o__ thregh) . 16.12.070 Board action on final lat. A. The board of trustees, within 60 days a-- 3easetime after receipt of the final plat, shall hold a public hearing on the final plat „and approve, e•r disapprove, or approve with modifications the final plat.; The board may also accept or reject dedications ands require the construction or installation of improvements if not completed. The board may also refer the final plat back to the planning commission for further study. If the plat is approved, the town shall record the plat in the office of the county clerk and recorder in accordance with state statutes. B. The board of trustees shall provide notice and hold its public hearing on the final plat application in the manner prescribed by Chapter 17.44 for the amendment or change of zoning ordinances. The notice of the subdivision application may be combined with any other notice required under this title or title 17. Section 6. Chapter 16.12 of the Firestone Municipal Code is hereby amended by 'the addition of a new Section 16.12.075, to read as follows: 16.12.075 Action on preliminary and final plats. A. In deciding whether to approve, approve with modifications or disapprove a preliminary plat or a final plat, the planning commission and board of trustees shall be guided by the following standards: 1. Whether the plat conforms to all requirements and standards of this title and the Firestone Development Regulations; '2. Whether approval of the plat will promote the purposes of this title and be consistent with the town's comprehensive plan, applicable zoning requirements, and other applicable federal, state and town laws; 3. Whether improvements in or serving the proposed subdivision will comply with the requirements and standards of the town's design criteria and construction specifications; and 4. Whether the plat conforms with all other ordinances, resolutions, regulations, agreements, and policies governing the subdivision thereof. B. Nothing in this title is intended to limit the authority of the planning commission granted pursuant to C.R.S. section 31-23-215(2) to impose use, height, area, or bulk requirements or restrictions governing buildings and premises within a subdivision, so long as such requirements and restrictions do not authorize violation of the town zoning ordinance, and the board of trustees shall have the same authority. Section 7. Subsection B of Section 16.16.220 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are erieke tom): 16.16.220 Public sites and dedications. B. A minimum of eight ten percent of the total land area of the land being subdivided shall be dedicated, exclusive of subsection A above, free and clear of all liens and encumbrances for park, school, open space or other public purposes as determined by the board of trustees and shall be delineated on the final plat. Land dedicated for public use must be suitable, as determined by the planning commission, for the type of development for which it is intended. Section 8. Section 16.16.220 of the Firestone Municipal Code is hereby amended by the addition of new subsections D, E, F and G to read as follows: 16.16.220 Public sites and dedications. 5 D. The increase in the dedication requirement from eight to ten percent, as provided in subsection B of this section, shall take effect on March 3, 2000, and shall apply to all subdivision applications submitted on or after such date. E . The land dedication requirement and the size of such dedication requirement set forth in this section are designed and intended to reasonably relate to the needs created or contributed to by subdivision development within the town. F. Retention ponds or other land left open solely for the purposes of development, such as land under power lines, will not be considered as part of the land dedication required under this section. Lands within required oil and gas facility setbacks are generally not suitable for public use and will not be considered as part of the land dedication required under this section. Detention ponds may be applied to the land dedication requirement if the planning commission finds that such area is suitable for use in meeting a specific need. G. If the town board determines that land is required to be dedicated pursuant to this section for a neighborhood or smaller park, the subdivider shall submit as part of its proposed development a landscape design and improvement plan for such park. The plan shall be reviewed and approved by the town. The subdivider shall at its expense install the improvements set forth in the approved plan in conjunction with any other required public improvements. The town may require a guarantee that such improvements will be installed. Section 9. Subsection A of Section 17.22.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are ): 17.22.030 PUD Zoning. A. The following types of planned unit developments may be established: 1. PUD Zone District. A PUD Zone District may be established by zoning land as a PUD Zone District either through a rezoning process or by the initial zoning of land at the time of annexation. Commercial, office, public, residential, agricultural, conservation and open space land uses are permitted in a PUD zone district as specified in the Firestone Development Regulations. An Outline Development Plan ("ODP") must be submitted at the time the PUD zoning is requested. A PreliminaryDevelopment Plan ("PDP"} and Final Development Plan ("FDP"') must be submitted for that portion of the PUD for which building or further development is being proposed. A PDP F4D-P. may be 2 submitted in lieu of an ODP at the time of zoning or rezoning as a PUD if concurrent building or development is also being applied for on the entire property being zoned or rezoned; an FDP shall thereafter be required for such building or development. The requirements for an ODP, PDP and an FDP are as set forth in this title and as stated in the Firestone Development Regulations. 2. Overall FDP. Subsequent to a PDP, an overall FDP may be submitted for an initial phase of development in which such phase only involves the construction of Public or private utilities, overall landscaping, roadway or _other general site features. An _overall FDP may permit._ the. development approved therein to proceed but a site -specific PDP and FDP shall be required for further development of any site or lot not approved or addressed in the overall FDP. Notwithstanding the foregoing, the requirement for a site -specific PDP shall be waived if the application for further development meets all of the following criteria: a. The property i_sgoverned by an approved overall FDP, which overall FDP is in compliance with all terms and conditions of its approval, and which overall FDP, together with the site -specific FDP, meets all of the__reguirements for development set forth in this title and the Firestone Development Regulations; b. The. proposed planned unit development contains no more than one principal building and principal use; c . The property subject to the application has been previously subdivided and no subdivision action is required to develop the property „in accordance with the -application; d. The property is subject to covenants of record addres-sing use and development of the property_ 3-;-L. PUD Overlay District. A PUD Overlay District may be established in an existing zoning district by overlaying a development plan over the applicable existing zoning district or districts. When a PUD is established in this manner, only the principal permitted uses and permitted accessory uses of the underlying zoning district are permitted in the PUD. When a PUD is established using the overlay procedure, the development must follow the applicable review procedures for approval of an ODP, PDP and erg FDP. A zoning change is not required for an overlay and the property retains its original zoning classification subject to the provisions of the approved PUD for the property. Section 10. Chapter 17.22 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.22.065, to read as follows: 17.22.065 Preliminary Development Plan. A Preliminary Development Plan ("PDP"), which may reflect the entire development as delineated on the ODP or any logical portion thereof, must be submitted following the approval of the ODP. The PDP shall include PDP maps and drawings and a written textual statement and such other forms as required.by the town. A. Preliminary Development Plan maps and drawings. The following PDP maps and drawings, insofar as applicable, shall be required and shall contain the minimum information specified in this Section and the Firestone Development Regulations: 1. Site plan. The PDP site plan shall at least contain the following: a. Title block, scale, north arrow and vicinity map. b. Location and size of all existing and proposed buildings and structures. C. Proposed land uses and their respective acreage within the PUD. d. Location, dimension and surfacing, if applicable, of all existing and proposed streets, rights - of -way, drives, parking areas and pedestrian ways, and easements. e. Location of all existing and proposed points of ingress and egress to the property. f. Location of lot lines, setback lines, parks, open space and other areas dedicated for public use. g. A delineation of the 100 year floodplain and floodway. 2. Environmental site plan. The PDP environmental site plan shall at least contain the following: a. Location of all existing and proposed structures within the PDP and within 150 feet of its external boundary. b. Existing forested or uniquely vegetated areas to remain after development. C. The location of significant natural, environmental, historical, archaeological, or paleontological features. 3. Grading plan. 4. Landscape plan. A PDP landscape plan showing spacing and types of landscaping materials shall be submitted. 5. Proposed architectural elevations. 6. Cross sections as required by the Firestone Development Regulations. 7. Utility plans. Utility plans shall be submitted for all major utilities and drainage facilities showing necessary easements including but not limited to, water, sanitary sewer, storm sewer, gas, telephone and L electrical. 8. The following technical studies and reports shall be submitted with the PDP maps: a. Preliminary soils report; b. Master drainage study; C. Master traffic study. B. Preliminary Development Plan text. The PDP written textual statement shall contain the following information: 1. A statement of the character and development concept of the PUD. 2. A land use table showing building coverage and square footage, and providing the percentage of paved, open space, and landscaped areas in relation to gross area of the PDP. 3. A statement of assessment and mitigation for the preservation or other special treatment of significant natural, environmental, historical, archaeological, or paleontological features. 4. A development schedule setting forth the timing and phasing, if any, for construction of the development. 5. A general description of signs and lighting devices indicating type, size, material, color and text. 6. Approval block for the board of trustees. C. The PDP shall -be processed in accordance with the Firestone Development Regulations. The planning commission and the board of trustees shall provide notice and hold a public hearing on the PDP submittal in the manner prescribed by Chapter 17.44 for the amendment or change of zoning ordinances. Section 11. Subsections A and B of Section 17.22.100 of the Firestone Municipal Code is hereby amended to read as follows (words --o be added; words to be deleted are ): 17.22.100 Amendments to the Preli_minary and Final Development Plans. A. Except as provided below, no changes may be made in the approved PDP or FDP except upon application and approval by the board of trustees under the same procedures and requirements as specified for the initial submittal of a PDP or FDP. The planning di -rector may, at the director's sole discretion, approve an amendment to a PDP or FDP, provided that the amendments are only: 1. Architectural. Minor changes in the color: exterior appearance; lot coverage; screening of outdoor storage areas; or location, siting and height of buildings, structures, or divisional walls if required fo= engineering reasons or other circumstances not foreseen at the time the PDP or FDP was approved. No change authorized by this paragraph may increase or decrease the dimensions of any building or structure by 9 more than 10 percent or permit an accessory structure whose size is greater then 10 percent of the area of the principal building or structure. 2. Landscaping and Site Features. Changes in. plant materials, minor alterations in the location of plantings, changes in plant quantities or sizes, changes to the location of internal sidewalks, or changes in location of parking spaces if required for engineering reasons or other circumstances not foreseen at the time the PDP or FDP was approved. No change authorized by this paragraph may increase or decrease landscaping or sidewalks by more than 10 percent. B. Any changes which are approved shall constitute an amendment to the PDP or FDP. Section 12. The title of Chapter 17.32 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are ): Chapter 17.32 Conditional and Special Use Permits. Section 13. Section 17.32.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are strieken ). 17.32.010 Intent. This chapter shallbe knew as ''speeial use pe-rm-it-sue—ate is intended to provide a pEeeed,dre and- additional submittal requirements for -orojposed special uses within a non-PUD district and proposed conditional uses within in PUD district and additional criteria to be used in determining whether a proposed special or conditional use is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. in erdeE fer theeet=enleE epee i a1 idse permit te be issued , �t j,., ,z� t b e a spee-ifi e ,a fir_r, J by tke-beams7 ef trustees 16hat t r' �repesedlase �7 and inhabitants and net detEimerrtal. Section 14. Section 17.32.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are ): 17.32.020 Procedure--Hearinq--Findings of fact. Whenever an applicant makes application for a conditional or special use permit, such application shall be in the form of and shall be processed as a PDP and FDP in accordance with Chapter 17.22 and the Firestone Development Regulations. The requirement of._a PDP shall be waived by the town administrator if the proposed special use is to be commenced within an existing structure for which 10 structural alterations are not proposed the fell_..___g pireeed,aEe shall be €ellawed A. In addition to the information required for a PDP and FDP, the applicant for a conditional or special use permit shall file an applieatienwith the town clerk few- a spee-ia}—use perfn-it . The applieat enhall eant-ai the following additional information_- i. eseripten e f - h e e let en o+c i e the is s eiste be leeat =`a ; 14. A detailed description of the use for which the conditional or special use permit is sought— _including but not limited to hours of operation; traffic patterns and demands; employment levels; management lans with respect to the demands of the use upon public services and facilities; and such other information as may be requested lay- the town administrator, planning commission or board of trustees; 24•. A statement describing the benefits of the proposed use, how that use will be compatible with surrounding uses and the impact will have relative to the criteria as set forth; 3§. A fiscal im act analysis showing the cost - benefit relationship between the proposed use and the, town A statefaent-4eaeribin�me and aadicef the -s..•-a1 Wig- landewneL-s with the'Fewn. 4�&. Any other information required by the Firestone Development Regulations. B. The conditional or special use permit application shall be in the form of and be processed as a PDP and FDP in accordance with the development procedures set forth in Chapter 17.22 and the Firestone Development Regulations. The planning commission and the board of trustees shall provide notice and hold a public hearing on the conditional or special use permit application in the manner prescribed by Chapter 17.44 for the amendment or change of zoning ordinances. Section 15. The beginning sentence of Section 17.32.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added; words to be deleted are ken three h) : 17.32.030 Criteria. In addition to any findings required by Chapter 17.22, in order for a conditional or special use.. permit to be approved, there must also be a specific finding by the board of trustees that the proposed use is compatible and beneficial to the surrounding properties and inhabitants and not detrimental. In additional to any criteria set forth in Chapter 17.22, t-The following criteria shall be considered in determined whether or not to grant a conditional or special use permit: 11 if 1 Section 16. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than $999.00 or by imprisonment not to exceed 1 year or both such fine and imprisonment. Each day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person shall be a separate offense. Section 17. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 18. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 6/''day of y , 2000. TOWN OF FIRESTONE, COLORADO Attest: To erk 012700/1255[sj1]F:\Users\Sam\WPDocs\Fireston\DevRegs.ord 12 ORDINANCE NO. AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A STREET SWEEPER WHEREAS, the Town is authorized by applicable law to acquire equipment and to enter into leases for the same, which lease may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire certain maintenance equipment; and 1 WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of a street sweeper. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Municipal Lease and Option Agreement between the Town and Federal Signal Credit Corporation (the "Lease") for acquisition of. an Elgin Eagle 'F" street sweeper (the 'Equipment"), which lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form as the copy of such lease accompanying this ordinance, except that the Mayor is hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor and Town Administrator are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a qualified tax-- exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines that the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a 'qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. 12500/16:28[kmki F:\USERS\Kathleen\MyFiles\Firestone\Ord\LeasePurch_Street$weep.wpd Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, MOPTEDr APPROVED,. AND ORDERED PUBLISHED IN FULL this & day of , 2000. . TOWN OF FIRESTONE, COLORADO Attest: T.L. Peterson Town Clerk r Rick Patterson Kavor SEAL . 12590116:28[kmk]F:\USERS\Kathleen\MyFiles\Firestone\Ord\LeasePurch.StreetSweep.wpd LESSOR: ovo OJJ 4001 flown Oz :one . GT&L L4D 006 FOR COMPLETION BY LESSOR Allays Flefer to lease No. M- 00000 Flentat Commencement Dale: LESSEE: NariL Addrel City County Slates Zip Contact Contact And Title; Telephone No. ITEM ION OF EOUIPM VEN00t Name; - d terra; City ' _____ States zip` Contact and TiLle; Telephone No. cuUIYMENT DESCRIPTION (Include Make, Model. Serial No. and all Altaenments) I It- U I HtH THAN ABOVE ADDRESS Address; 7, City x t-9ASIEz TERM TOTAL. EQUIPMENT COST LGaat_tr. County 'K Stale )c AENT DUE (Period) NO,/AMOUNT OF RENTAL PAYMENT ❑ Monthly Annually I !—u F•-,Y-nene scneoule an.cnea indt"10 aria made a pan hur¢ol © Quarterly C; ^' 1! (-�Paymer,l scheoure-y. Lessor hereby leases to Lasses the Equipment for the purposes and upon the following terms and Conditions: ARTICLE I: COVENANTS OF LESSEE. Lessee represents, covenants and warrants, for th el,l of Lesser and its assignees, as follows: A. —See is a public body, corporate and potilie, duty organizes] and existing under the Conshlullan and Lava of the Slate as sal fOrLh above ("State") and will do or cause to be done all things necessary to preservo and keep In full forge and effect its axis - lance as a body Corporate and politic. B. Lessee has been duly authorized to execute. deliver and perform this Agreement under trio Constitution and laws of the Slate and under the terms and provisions of aria resolvl,on of its governing body, or by other appropriate official approval. Lauds further represents. Covenants and warrants Inal all requiramenls have been Mel, and proCuauros haw& occurred in order to ensure the enTOrCaaaitity of this Agreement. Lessee $hate Cause 10 be executed an opinion or 14S Counsel in farm acceplabla to Lessor and, in the event Lessee 10 a volunlbeir lire deparlmenl, Lessee shall execute the representatlort set lorth as Exhibit Id. C. During (he term Of this Agreemenl, the Equipment will be used by Lessee only per Ina Purpaae 01 performing one or more governmental or proprietary functions of Lessee consistent wIm Iris permissible scope of Lessee's aLlhorily and will nos be useu in a trade or business of any parson or enligr other than the Lessee. D. During the period this Agreement is In Idree, Lessee will annually provide Lessor or 'is assignee with current financial statements, budgets, proof or appropriation for trio ensuing fiscal year and such other linanctal informatran relating to the ability Or Leaaeq to continuo this Agrearnam as may be reasonably requesled by LoBSOr or Ila asaignov. E. The eouiomenl is. And Shall remain during the period this Agreement in in force, personal property and when sublect to use by Lessen unaer this Agreamcnl, will nol be Of become fixtures. ARTICLE 11, DEFINITIONS. The following terms will have the maanings indicated below unless the conrexl crearly requires olhetwlso: "Lease Term" means Ine Original Term defined in Article III hereof and a sufficient number of aulamaliC Renewal Terms as will constitute trio number of months set lorth on Ina lace of this Agreement. "L■ssor" means 11) this snllly daelpnatad un the lace of Ihie Agreement as Lessor n, ,der, (fit any surviving, resulting or transferee corporation; and (iii) except wl. . she context requires ainerwise. any assignae(s) of Lessor. -Purchase Phew" means the amount which Less#@ may, al ila option, pay to Lessor in Ofdrtr to purchase One Equrprnent, as ads lorth in she Payment SCnedulo attached in In,s Agreamenr, "Renewal TerM(e l" meant the automatic renewal pnrioos Of this Agreement, each having a duration 01 one 41i year co-terminciva with Lissaaa'a fiscal year except the tell of seen aylomalie renewal pierloas wnlCh shalt.and on the annivorsary of the Cnmmyncement Dale- The 10tm3 and Condition* during any Renewal Term shall be Ine Sarne as the Ierme and conditions during the Orltjinaf Term, except, that the Rena Payments shah be as provided in the attachea Payment Seriedule. `Vencor" means Ina manufacturer of the Equipment as wail AS the agents or dealers of me man,rfaclurer. ARTICLE lit; COMMENCEMENT OF LEASE TER14- The Original Term of inia Agreement shall comment& on the dale the Equipment accepted by Leases as indicated on Iho Certificate at Acceptance ('Comnlenceme Date"l and shah terminate Ins last day of Loewe s current fiscal year. For Inn duraik of the Lase Term, this Agreement will be automatically renewed at the end of it Original Term and any Renewal Term unless Ibis Lessee gives wnrllert notice to Lau nor lass plan ninefy (00) days prior so the and of the Original Term or Ranawal Ter than in eflacl of Lessee's Intention to terminate this Agreement pursuant 10 Artlele as she Casa may be_ ARTICLE IV: INSPIECTION. Lessor and any assign" of Lo*sor's righis under in Agreement shall nave the right al mill reasonable times during business hours to ent into and upon she properly OF Lessee for the purpose of inspecting the Equipment. ARTICLE V; RENT PAYMRNTS. Section 5.01 Rant Payments to Ctinsilluiv a Current Expense of Leaser. Lessor an Lossba understand and Intend that lab optlgation of Lesson to pay Rent paymen harstindar shall Constitute a current eipenae of Lessee and shalt nOi in any way L construed to by a Globs of Lessee in eonuavention of any applicable constitutional I Slaurtory limitations or requirements concerning itte creation o1 inoableaness t Leases, nor shall anyining contained herein eonslilute a pledge of (nit general to revenues, funds or mantes of Leaaee. Fwadon 9.02 Psyrrlent of Aenl Poymerrrs. Lessee shaft pay Renr Payments. exclulivcl Prom legally avauabio lungs 10 Lessor in the amounts and on the dates set form i the payment Schedule ansiChed 10 this Agreement. A portion of each Rent Pdymar is paid as, and repreaents payment of, interest And principal, rospcctively. Section 5.03 Rtnl payments to be Unconditional. Subieet to Section 5.05_ she obliga stun of Lessee 10 make payment of Renr Payments and other payments requirCd uncle this Age0smant shall be alesatute and unconditional In ail events. Lessee snail max all such payments when duo antl shall not withhold any Such payments as a result c any disputes arising among Lessee and Lessor, any Vendor or any other parson. nc shall Lessee assert any right of sal -ail or counterclaim against its obGgalion In mak such payments or be entitled to any abasement of such payments as a result of ace, dent or unforeseen circumstances. a Sacllon 5.04 Continuation of Lease Term by Le■sesi Leisae intends to continue ih Lease Term through the Original Term and ail of trio Ranowai Terms and to pay Ih Rang paymenm hereunder. Lessee reasonably bell&vea trial legally available funds c an afnounl sufficient to make all Rant PaymenLa during the Original Term and eaci Renewal Term can be obtained. Lessee further Intends to do all things lawfully with,: its power to obtain and maintain funds from which Flans Payments may be mad( Ineluaing making provision for such payments to the extent necessary in each biannu; or annual puagel 54bmllted and adapted in eccordanCe wish appiiCAbfe provisions c stale law, 10 have SPCA portion of trio budgal approved, and to exnaust au avadabl• rev1ew3 And apNa6:3 In I" ¢vent such rer:!en CI the budget Is neif appru�ed. Soctson 5.05 Nonippropria lion. In Eno evenl svrlicient funds Snapp not be opprapriale, for tho payment of Ina Rent Payments fe0uired to be paid ,n the next occurring rtc (contlnw cn taaci r HIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED AB • OVE AND ON REVERSE SIDE WHICH AF�E MADE A PART ril•=REOf FPTED AT: (Lessor) Date: LESSEE ACKI4OvvLEO6ES RQAplhrd AMC) RECEIVING A COPY OF Ti�il51 aPEEMI'cnT This endam ned ilhfen~Ina1�m h, Also —)is Glan dust a a LgI 16 easeuld this gr.omsnt an tasAaq G the aop.w.eamed aaase. 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D°mc'DE wdm{oJ��o�mjv a<rn4 Za Zu)f�n c ca= ao Sc mcmc yp�X LL,It0-Nw WmJ rt h a u ad9 Yc m j 0V) km!m0 n-4 y m c Jr4v7¢w�7x� a wcc[ d c JE aEc ul r: v° w�, _ u a F-y{SOJtu 2}��W° ° i �� v� y u c� cm� C a W ¢ ti tt Q a" Q N Q m F. u; t '- C C[ w 4Za •qv c vONG m u- w} 4 �nrc t�,n :n� w n F c £ "!_ m n 01/25/00 12:09 FAX 303 833 4863 Town of Firestone 'JAN-24-2000 .10:46 FSC Payment Schedule Lessee: 'down of Firestone Equip: L1gin E8'%1e "F" Lease Na: Number and fteclLiency Of payments: 5 annual payments in advance interest computed at 6.04 % per annum GT&L g 3 g 33- 11963 FAX Purchase price Payment Payment applied to (remaining Amount Interest Principal balance) _ S130,400.00 Total sales prloe 0.00 130,400.00 Trade -In allowed Down payment 0.00 130,400.00 Payment 1 29,224.99 0.00 29,224.99 101,175,01 Payment 2 29,224.99 6,110,97 23,114.02 78,060.99 Payment 3 29,224.99 4,714,118 24.510.11 53,550.88 Payment 4 29,224.99 3,234.47 25,990:52 27,660.36 Payment 5 29.27-4.99 1,664.63 27,660.36 0.00 Totals 146,124.95 15,724.95 130,400.00 Balances not paid when dud shall be subject to past due Interest at the rare of 18% per year or the hlghest rate permitted by law, whichever is Iess. interest accrues daily, at the rate indicated above, on the outstanding principal balance (listed In °Purchase price° column). Elgin Swee?er Company Town Df Firestone Lessor Lessee By: BY: Title: Title: 1 SW Payment SOmdulel:01124r200D:1010 AM ` TOTAL P.01 L C�Jur1: -�-^^••�� va a is c44VUG -1 i Ad:L lam/. UU4 FOR COMPLETION BY LESSOR Always Refer to Leasa No. - 00000 .. Rantal Commincement Dale! _ f LESSEE: VENDOF NarnL -- Name: Addrea Add reset: City Courtly Slate — Zip city = ,State Zlp..� Contact and Tilie: Contact and Title Telephone No: Telephone No. ITEM QUANTITY EQUIPMENT DESCRIPTION (include Make, Model, Serial No. and all Allachmanis) ATION OF EQUIPMENT IF Address. X� AN At3QVE ADDRESS 0 City x County x slam — LEASE TERM TOTAL EQUIPMENT COST RENT DUE (Period) MCIJAMOUNT OF RENTAL PAYMEN' - ❑ Monthly C Annually Sea Payment 7CtleQuly attached $ ❑ t]uafiStay ❑ hereio and nrada a pan hereof 1"payment Scneoule" 1. INSURANCE COVERAGE, REQUIREMENTS t. In accordance with Section 7,03 of the Municipal Lease and Option Agreement referred to above ("Agreement"). we have instructed trio Insurance agent named below (please fill in name, address and telephone number) X to Issue a. Ali I31sk Physical Damage Insurance an Ine leased equipment evidenced by a Cartifleate of Insurance and Long Form Loss Pa able Clause naming Lessor designated above and/or. its assigns awLoss Payee. Coverage required: Full replacement value b- Automobile Liability Insurance evidenced by a Certificate of Insurance naming Lessor and/or its assigns as an Additional Insured. Coverage required. $1.000.000 combined single limil (bodily Injury and property damage) OR 2- Pursuant to Section 7-03 of the Agreement, wo are SeN-insured for all risk. physical damage, and public liability and will provide proof of such self-insurance in letter form together with a Copy of statute authorizing this form of insurance. 3. Proof of insurance coverage will be provided to you prior to the time that the equipment is delivered to us. 6y: K a Authorized Official Date: tk m .19 ESSENTIAL USE/SOURCE OF FUNDS LETTER Gentlemen: This confirms and affirms that the Equipmenl described in the Municipal Lease and Option Agreement referred to above (the "Agreement") is :sential to trio function of the undersigned or to the service we provide to our citizens. L Further. we have an Immediate need for. and expac{ to make immediate use of. substantially all such Equipment which need IS not temporary at expected to diminish in the foreseeable future. Such Equipment will be used by us only for the purpose of performing ono or more of our governmental or proprietary functions consistent with the Permissible scope of our authority. Specifically. such Equipment was selected by us to be used as follows: The estimated uaaful ilia of such Equipment based upon manufacturar's representations and our projected needs is K Our source of fund* for pa}mento of the rent due under the Agreement for the Current fiscal year is Je- We expect and anlieipate adequate funds to be available for all Iuture payments of rent due attar the current fiscal year for She lollowing reasons: X Very truly, yours. Lessee By: X Title: LESSOR: FOR COMPLETION BY LESSOR AlWays Reler to Lease No. 00000 Rental Commencemant Date; LESSEE; NaIr. ti Aborea C'LY COunly_ �..,state Zip _ ContaCl and Title: �— Telephone No. ITEM VENDOF Name: Adaresa- City Slate Zip_ COnlacl ana Title,; Telephone No_ 1=aulrMeNT DESCFIIPTION (include Maker. model. Serial No. and all AltaChmenla) LATION QUIPMENT IF OTHER THAN ABOVE ADDRESS OF LESSEE. Address: City X County X State y LEASE TERM TOTAL EQUIPMENT COST e � RENT DUE (Parioa) NOJAMOUNr qF RENTAL PAYMENT LJ lMliYell h[r C AnnLAally 4+ bnVmanl oc-nedul■ anachq, S ❑ �t.JllCl ly I hernlQ Jn4 mode i Pall wre71 _ ��..�.�,.� • r'P�timenl Scneq��o"7. AQCEPT A CERTIFJCAT The undersignec, as Lessee under the Municipal Lease and Option Agreement ithe "Agreement") referred to above. acknowledges receipt in good condition of all of the Equipment above described as of the date set forth below (tile "Commencemen.t Dale") and certifies that Lessor has fully and satisfactorily perlormed all of its covenaris and obligations required under the Agreement. Les �!e hereby Certifies that the description of the personal property set forth above constitutes an accurate description of the "Equipment" and further certifies that the location of the Equipment is as stated above unless otherwise Indicated below. , Lessee unconditionally accepts the Equipment for all purposes of the Agreement as of the Commencement Date and agrees :hat it will'Comme.nce payments in accordance with Article V of the Agreement. Equipment Location; Commencement Dale . }9 Name (Lessee) x By_ Title: X , LESSEE. PLEASE RETAIN THIS PAGE, IF NECESSARY, FOR EXECUTION UPON ACCEPTANCE OF THE EQUIPMENT AND THEN RETURN SAME TO LESSOR. 4 Insurance Coverage Requirements (This letter should be given to your insurance broker/agent-to ensure proper coverage and documentation) Subject: Gentlemen: Under the terms of the Municipal Lease and option Agreement between •(which has been assigned to Federal Signal Credit Corporation), the following insurance coverage is required: a. All Risk Physical Damage Insurance on the leased equipment evidenced by a Certificate of Insurance and Long Form Loss Payable Clause naming E_1_gin Sweeper Company and or its assigns as Loss Payee. Coverage required: Full Replacement value.. b. Automobile Liability Insurance evidenced by a Certificate of Insurance naming L�1gin Sweeper Company and/or its assigns as Additional insured.-! coverage required: '/,000,000 combined single limit (bodily injury and property damage). Please issue a Certificate of Insurance at your earliest conven- ience and.forward to: Federal Signal Credit Corporation 14.15 W. 22nd St., Suite 1100 Oak Brook, IL 50521 Attn.: Joanne Stumpf your prompt reply is most appreciated. Should you have any questions regarding this matter, please feel free to contact me. ("Lessee`) BY Title: - (-12-) Opinion• of Lessee's' •Counsel ('lease furnish in this fort. on 'Attorney's Letterhead) Re: Municipal. Lease and 00000 dated 'Agreement') . Gentlenen: Date (on or after date of lease agreement) Option Agreement -(Lease Number As counsel for ("Lessee"), 1 have examined the duly executed original Agreement between Lessee and and its asz.ignee(s) (*Lessor*), and the proceedings taken by Lessee to authorize and eXecute the Agreement. Based upon such eX amination of law and fact as I have deemed necessary or appropr.iaLe, x am of the opinion that. 1. Lessee is a public body corporate anu politic, duly organized. legally existing under th'e 1AWE; or tr,a State of Z. The Agreement has been duly authorized, executed anti delivered by Lessee pursuant to Constitutional, ste.tu- tory anti/or home rule provision which �uzhorizeu this transaction in accoraance with its terms anu conditions. 3. The Agreement is a legal, valid ana bin ing oc,ligut; on of Lessee, enforceable in accordance Witty its termis. In the event the Lessor obtains Ju6gment against Lessee in money damages, as a result' of an event of default under the A,reement, Lessee will be oblioatco.i to pat• such judgnent. 4. No litigation is pending or, to the best Of my knowl- euge, threatened in any court or other tribunal, state of Federal, in any wad• questioning or aftectinr tine validity of the resolution or the Agreement. 5. The signature of the otficial ofLersee which ,appears on the Agreement is true and genuine; I know saici os;£icial and knot) hin/her to hold the of7[icc. ser- fortis below his/her name. 6. The Equipment leased pursuant to the Agreement cor,st.i- tutes personal property and when subjected to use by lessee will not be or become rixtures under applicable. law. 7. The Lessee is a political subdivision within the meaning of Section 103 of -the Internal Revenue Code of 1954, as amended, and Treasury Regulations and Rulina: related thereto. That portion of rental payments mace by Lessee during the Lease Terr.. identified as inter- est, upon receii�t, will not be includaole ad i eQaral gross income under applicable statutes, regulatione;, court,,. decis-ions anti rulings existinc on 'the gate "vr this i opinion and cons ecuently wi12 be exemzpt from present Federal intone taxes. E Counsel for Lessee i (Firm's [sane) � l:arias ' '(Signature) Title: m ORDINANCE NO. �..� AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE WENDY'S ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Wendy's Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to §§ 31-12-108 to -110, the Board of Trustees on February 24, 2000, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published January 19 and 26, and February 2 and 9, 2000 in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Wendy's Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 0 day of 2000. /_ TOWN OF FIRESTONE, COLORADO ST �r-�n1NIVN�_ N;a yJ r Atte �' '!' O O O V T. Peterson cOUNTY%GO Town Clerk 03/03/2000 1:48 PM [kink] F:\OFFICE\Firestone\Annex\Wendy's.ocd_ �� f 2758984 03/3112000 04:03P JA Suki Tsukamoto 1 of 2 R 10.00 0 0.00 Weld County CO { 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. !i III 1lIIIIIIII#IlIIIIIIIIIIIIIIlIIIIIIIlIIIIIII � IIIII I I 2758984 03131/2000 04:03P JA Suki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld County CO F ��� u }. . ;� f 3058575 05/02/2003 02:15P Weld County, CO VI 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder �1— - -- .5 b. ORDINANCE NO.a3� AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE WENDY'S ANNEXATION. WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Wendy's Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development, Regional Commercial zoning classification and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Wendy's Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Wendy's Annexat-on to the Town of Firestone; the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Regional Commercial (PUD R-C) pursuant to the zoning ordinances of the Town, and the Town zoning map shall be amended accordingly. 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIfiIIIIII 3058575 05/02/2003 02:15P Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder IT-TRODUCED, P.EAD, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 2000. TOWN OF FIRESTONE, COLORADO Attest: 49_'� T. L. Peterson Town Clerk ck Patterson bor e i SEAL 0,04 3C•�'••.....••'•�, Lou �o 2 j y 4 4 j y 44 �y 1� �i�I I1ti�l1IN ��t�i 11111111 �� County, CO305$575-D510212003 02:15P Weld 1 3 of 3 R i6.00 C 0`00 Steve Moreno Clerk & Recorder 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. 03/03/2000 1:49 PM [lmtk] F:IOFFICE\FiresEone\Annex%Wendy•s.zone.ord.doc 3 y:2 0 cc) ORDINANCE NO. 439 AN ORDINANCE ORDERING AND FIXING A RECALL ELECTION FOR THE TOWN OF FIRESTONE TO BE HELD APRIL 4, 2000 WHEREAS, on February 14, 2000, petitions were filed with the Town Clerk to recall three members of the Board of Trustees; and WHEREAS, in accordance with C.R.S. § 31-4-503(4), the Town Clerk has submitted said petitions, along with certificates of sufficiency, to the Board of Trustees; and WHEREAS, no protest, has been filed pursuant to C.R.S. § 31-4- 503(3) within the statutory .time period with respect to said petitions; and WHEREAS, the Board of Trustees has determined that pursuant to C.R.S. § 31-4-503(4), it is necessary and appropriate to order and fix a date for a recall election on said petitions; 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, the Town' s regular election is to be held on April 4, 2000; and WHEREAS, the Beard of Trustees has determined that pursuant to C.R.S. § 31-4-503(4), it is necessary to fix the date for a recall election to be held as part of the regular election on April 4, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORA.DO: Section 1. Pursuant to C.R.S. § 31-4-503(4), a recall election of the Town of Firestone shall be held as. part of the regular election on April 4, 2000. The recall election shall be respecting the three petitions filed with the Town Clerk on February 14, 2000. Section 2. The recall election shall be conducted in accordance with the Colorado Municipal -Election Code of 1965, as amended, except as otherwise provided by the recall statutes, C.R.S. § 31-4-501, et seg., in which event the provisions of the recall statutes.shall control. 3200/12:22[kmk]F:1OFFIC?%Firestcne%ord\RecallElect.wpd Section 3. The ballot questions with respect to the recall petitions shall be, as to every officer sought to be recalled, "Shall (name of person against whom recall petition was filed) be recalled from the office of Trustee?" On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled. On the ballot shall also be printed such language as permitted by C.R.S. § 31-4-504(3). Section 4. Notice of the recall election shall be given in accordance with the Municipal Election Code and C.R.S. § 31-4- 504 (2) . Section 5. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with. this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 21111 day of MARCH, 2000. TOWN OF FIRESTONE, COLORADO Town Clerk 3200/12222[kmk]F:\OFFICE\Firestone\Ord\Reca1161ect.wO 2 ORDINANCE NO. AN ORDINANCE APPROVING AMENDMENTS TO AN INTERGOVERNMENTAL COORDINATED PLANNING AGREEMENT AMONG THE COUNTY' OF WELD, TOWN OF FIRESTONE, TOWN OF FREDERICK AND CITY OF DACONO. WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a) and C.R.S. §29-1-201, et sea., 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 seg., Firestone is authorized and encouraged to cooperate or contract with other units of government pursuant to C.R.S. §29-1-201, et seq., 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 and City of Dacono 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 serve 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 (the "ICPA"), 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 ICPA 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 ICPA, the Town by Resolution No. 98-29 approved a coordinated planning agreement, also referred to as the South Weld County Land Use Plan (the "Plan"), among County of Weld, Town of Firestone, Town of Frederick, City of Dacono and Town of Erie; and WHEREAS, the Plan constitutes a comprehensive development plan pursuant to C.R.S. §29-20-105 and was recorded in the Office of the Weld County Clerk and Recorder on September 2, 1998, as Reception No. 2637539; and WHEREAS, the Plan contains development standards which are intended to be a baseline for development within areas subject thereto, including standards for building height, orientation and 1 design; landscaping; lighting and utilities; setbacks; signs; and street standards; and WHEREAS, the Plan 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 Plan; and WHEREAS, subsequent to the Town's adoption of the Plan, it has been determined that the Town of Erie will not be a party to the Plan; and WHEREAS, certain amendments have been proposed to sections 1 and 8 of the Plan to clarify the relationship between the Plan and the ICPA, the process for handling variance requests from Plan standards, and certain voting requirements under the Plan; and WHEREAS, the Board of Trustees finds the proposed amendments to the Plan are in the best interests of the Town and its citizens; and WHEREAS, the Board of Trustees by this ordinance desires to approve and adopt the amendments to the Plan, and to ratify the Plan as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby confirms and, incorporates the foregoing recitals. Section 2. The Board of Trustees hereby approves the amendments to sections 1 and 8 of the Plan that are set forth on Exhibit A, attached heretoand incorporated herein by this reference. Section 3. The Plan as amended is hereby ratified and confirmed, and shall constitute part of the Firestone Development Regulations. In the event of conflict between any requirement of the Firestone Development Regulations and the Plan as amended, the most restrictive requirement shall take precedence and shall apply. Section 4. The Mayor is hereby authorized to execute a copy of the Plan as amended on behalf of the Board of Trustees of the Town of Firestone. The Mayor is hereby further authorized to negotiate and approve such further or revised amendments to the Plan as the Mayor -determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Plan are not altered. INTRODUCED, READ, OPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this #� day of , 2000. 2 TOWN OF FIRESTONE, COLORADO �c��;jlilf• , t rson ayor , Attest: L To Clerk 030800/1015_sjl]F:\Users\Sam\WPDocS\Fireston\Weldiga.ord EXHIBIT A Amendments to Plan are Shown in underline and StFikeout. 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. is not the intent of these standards to replace the Aareement between Dacon Firestone. Frederick, and Weld County (adopted by Weld County adopted on March 24. 1997 as Ordinance 195) and that both documents are intended to remain in full force and effect and only in the event of irreconcilable conflicts between this document and the agreement of March 24. 1997, shall the terms of these standards supercede those of the March 24. 1997 Agreement. UNIFORM BASELINE DESIGN STANDARDS 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 "Referring 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 comments 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 unincorporated 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. 8.3.4 Where the Referring Government is aware that the applicant ,.is,.proposing development which does not strictly conform to the Design Standards, the Referring Government shall identify those variances at the time of the initial referral or, if not apparent at the time of referral within 10 days of becomina aware of the variance. 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. UNIFORM BASELINE DESIGN STANDARDS STREET STANDARDS 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). Where the Referring Government has identified variances from the Design Standards, Desion Standard comments must be made within 21days or the Commenting entity shall have been deemed to have waived any right to appeal based upon said standards. 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 Government shall forward those comments to the Review Body, and the Referring Government may -- but shall not be required to -- respond as described in 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 to 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 0. 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 of 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 Government has acted to approve the application with or without conditions, and such Commenting Government(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 Board 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 UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES recover attorneys fees incurred in bringing or defending the action. 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 Firestone; 8.9.1.3 One representative from the Town of Frederick; and 8.9.1.4 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 of its representative, and such 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 bring 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 action shall make a presentation as to why they believe the decision appealed is or is not consistent with the IGA Design Standards. 8.9.6 Decisions. Following the presentations and any discussion, the Board shall make UNIFORM BASELINE DESIGN STANDARDS . REFERRAL AND: ENFORCEMENT PROCEDURES a r, a decision at the same meeting as to whether (i) the application as approved by the Review Body was consistent with the IGA 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 IGA Design Standards, in which case the Board may propose mitigation measures which make the design consistent with the intent of the_Design Standards which may be accepted 8.9.7 Quorum and Required Votes. All At least four members of the Board must be present before the Board may act on any Appeal. The votes of feeF t ree out of the five four Board members shall be required to conclude that any application as approved by a Review Body was not consistent with the IGA Design Standards, provided, howeveF, that if one of the BeaFd members is absent, the vote of thFee of UNIFORM BASELINE DESIGN STANDARDS REFERRAL AND ENFORCEMENT PROCEDURES — --=-- —�r I IlIIII !!II! IIlIIII Ills IlIII !I � �,IlII IllII IlI lllll 111111 IN 2828889 02/28/2001 03:20P JA Suki Tsukamoto 1 of 4 R 20.00 0 0.00 Weld Countv CO ORDINANCE NO. AN ORDINANCE APPROVING THE VACATION OF CERTAIN RIGHTS -OF - WAY AND EASEMENTS DEDICATED BY THE PLAT OF THE ZADEL RANCH COMMERCE VILLAGE SUBDIVISION. WHEREAS, by the plat of The Zadel Ranch Commerce Village Subdivision, recorded September 29, 1982, at Book 0978, Reception No. 1905061, Weld County Records, there was dedicated to the Town of Firestone a sixty (60) foot wide right-of-way for a certain roadway designated thereon as Commerce Circle; and WHEREAS, by such plat of The Zadel Ranch Commerce Village Subdivision, there was also dedicated to the Town of Firestone certain drainage, utility, and drainage and utility easements within such Subdivision.;`...and WHEREAS, the Town has approved a replat of portions of The Zadel Ranch Comme-ce Village Subdivision_, and such replat has resulted in the relocation of certain roadways, accesses and easements; and WHEREAS, such replat eliminates the need for the Commerce Circle right-of-way and certain easements dedicated by the plat of The-Zadel Ranch Commerce Village Subdivision; and WHEREAS, the Board of Trustees therefore desires to vacate such unnecessary right-of-way and easements dedicated by the plat of The Zadel Ranch Commerce Village Subdivision, as further described in this ordinance; and WHEREAS, the Board of Trustees has determined that the right- of-way to be vacated by this ordinance is not and has not been used or required as a roadway or thoroughfare for the public; and WHEREAS, the Board of Trustees has determined that the Town's interests in the easements to be vacated by this ordinance are not used and will not be needed for the purposes for which they were dedicated; and WHEREAS, the Board of Trustees has determined that the right- of-way and easement interests to be vacated by this ordinance are not being used or held for park purposes or for any other governmental purposes; and WHEREAS, the Board of Trustees has therefore determined that it is appropriate to vacate the Town's interest in the right-of-way and easements described herein. 1 �� ' I IIIIIIIIIIIIIIilliil IIIIIIIIiilllllil Ilil I�iillliilll 2828889 02/28/2001 03:20P dA Suki Tsukamoto 2 of 4 R 20.00 D 0.00 Weld County CO NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby vacates that certain right-of- way for Commerce Circle dedicated to the Town on the plat of The Zadel Ranch Commerce Village Subdivision, recorded September 29, 1982, at Book 0978, Reception No. 1905061, Weld County Records. Title to the vacated right-of-way shall vest as provided by law. Section 2. The Town hereby vacates the following easements dedicated to the Town on the plat of The Zadel Ranch Commerce Village Subdivision, recorded September 29, 1982, at Book 0978, Reception No. 1905061, Weld County Records (all Lot and Block references are to the recorded plat of The Zadel Ranch Commerce Villager 1. That portion of the 20-foot wide drainage and utility easement lying between Lots 1, 2, 3, 4 and 6, Block One and Lots 7, 10 and 11, Block One, except that the portion of such easement lying west of the east boundary of Lot 2, Block One is not vacated; 2. The 10-foot wide drainage easement adjacent to the west boundary of Lot 6, Block One, except that the portion of such easement adjacent to the west boundary of Lot 5, Block One is not vacated; 3. The 10-foot wide utility easement adjacent to the east boundary of Lots 6 through 9, Block One, except that the portion of such easement adjacent to the east boundary of Lot 5, Block One is not vacated; 4. The 20-foot wide utility easement lying between Lots 7, 8 and 9, Block One and Lot 10, Block One; 5. The 20-foot wide drainage and utility easement lying within Block Two. 6. The 20-foot wide utility easement lying adjacent to the north boundary of Lots 16, 17 and 18, Block One; 7. The 20-foot wide utility easement lying between Lots 17 and 18, Block One; and 8. The 20-foot wide utility easement lying between Lots 11 and 12, Block One. Section 3. Easements for existing public utilities, if any, shall not be altered or amended by virtue of this ordinance. OA 2828889 02/28/2001 03:20P JA Suki Tsukamoto 3 of 4 R 20.00 D 0,00 Weld County CO Section 4. The right-of-way and easements vacated by this ordinance are depicted on Exhibit A, attached hereto and incorporated herein by reference. Section 5. The Mayor is authorized to execute such additional documents as may be necessary to evidence -the vacations effected by this ordinance. INTRO D �, READ, AD TED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , 2000. Attest: 64L T.L. Pe-erson Acting Town Clerk TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 033100/1034(sjl]F:\Users\Sam\WPDocs\Fireston\Safeway.ord 3 I-2i wi■ ift ca z x o ti m CD m o O z p� _ — c m O FIRST STREET NORTH w J � i ��\`� �Ik��O� UT1E17'Y��EASEMENT 4 PE PLATE~ l7AC. VAC. VA CA TED \ VACATED LOT ,J VACATED LOT 4 COT 9 LOT 8 I ., LOT 6 I \ VACATED COT 1 VACATED LOT 2 kk LOT 7 VACATED \ I COT 15 \ \ BLOCK TWO F \ ASE ENT PE PL j Vr "n 2p'`NTILITY EASEMENT PER PLAT e`Z-111�SS�AI "V ` \` •'� ��l,�T:[CL lt_��.`Y�1� sy'\�y��tC`\SS��`` ��\ `t0 DRAINAGE EASEMc"NT 1l ]."\-11Ss1��1. ! 20' DRAINAGE & kjmM EASEMENT FER PLAT VACATED -O% 1� PER PLAT a \ � \ � � VA CA rED c or a I w Z i 29' UTILITY T ^• {{ ---- pp EASEMENT PER DRAINAGE & NTILITY i EASEMENT PER PLAT I... z VACATED LOT 8 VACATED COT 7 VACATED LOT 6 VACATED- LOT 5 \ PLAT o w \ uACA TED L OT J m W VA CA TED LOT 17 �\ \\\���\ ♦ ti\\\ \ \ �.�i = I m q CIO sm �\�\ ��\\\ `\\mil\ 1 \\.' l\\ JU�,s\;\�_•,`\ } (� N I oorn VA CA TED L o r 11 Ly x ti7 lz BLOCK ONE iI I o iJ M 20 VTILITY EASEMENT b VACATED LOT 16 VACATED LOT 15 VACATED LOT 14 VACATED LOT 1.3 VACATED LOT 12 iPER PLOT `- U'cc Z z w p a � J L r *1 } 100 0 200 f{ j VACATED EASEMENT OR RIGHT OF WAY lij m N SCALE: 1" 200' Xelqeg�'t.,c 12 &7 j e,45W 0 — m err ORDINANCE NO. qNQ AN ORDINANCE RENAMING THAT PORTION OF THE PUBLIC STREET WITHIN OAK MEADOWS P.U.D. FILING 1 KNOWN AS "DAISY STREET" TO "DAISY COURT" WHEREAS, the final subdivision plat for Oak Meadows P.U.D. Filing 1, approved by Board of Trustees and recorded in the Weld County real property records on April 27, 1999, as Reception No. 2689867, dedicated to the Town a continuous right-of-way for a roadway designated as Daisy Court; and WHEREAS, on the final subdivision plat, that portion of such right-of-way lying south of Viewpoint Avenue and north of Valley Vista Avenue was erroneously labeled Daisy Street, as shown on the attached Exhibit A; and WHEREAS, all portions of such continuous right-of-way labeled as Daisy Street and Daisy Court have been dedicated to the Town for the public use; and WHEREAS, the existing designation of such continuous right-of- way as Daisy Street and Daisy Court is not conducive to easy identification of homes along such right-of-way, or to assigning clear and logical addresses to those homes; and WHEREAS, addressing new homes along such right-of-way based on the existing designations could be confusing and may jeopardize the health, safety and welfare of the community; and WHEREAS, the Board of Trustees has determined that it is necessary and desirable to rename that portion of such right-of-way lying south of Viewpoint Avenue and north of Valley Vista Avenue as Daisy Court. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That portion of public street lying south of Viewpoint Avenue and north of Valley Vista Avenue in Oak Meadows P.U.D. Filing 1, and currently designated on the plat of Oak Meadows P.U.D. Filing 1 as "Daisy Street," is hereby renamed and shall hereafter be known as "Daisy Court". Section 2. The Town Administrator and 'Town Clerk are hereby authorized and directed to execute and deliver all documents, and do all other things necessary, to effectuate the street name change set forth in this ordinance. 1 Section 3. All other ordinances or portions thereof inconsistent with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED this Q,S- day of -- AV 2000. 4c--,*bvvlV- jkL Rick Patterson, Mayor ATTEST: F r Cheri Anderson Town Clerk 5/23/2000/i2:02PM(Sjl] F:Office\Firestone\Ord\oaisyCourt.ord Exhibit A Final pig Oak Meadows P.U.D. Filing T,NjM of Firestone, County of Weld State ofcolorad* Sbcd 2or4 Renamed to Daisy Court N-f by this Ordinance 33 N t X ;9z DO till 1648 i� 41 J --------- - --- t4 DEERFIEt ngLVE r r % U VIEWPOINT AVE eS 14 - - - - --------- --ww ------- r ------ I [it 1-4 n 4 U It L J11 is 14 1, it Imo-.__L j --- --- 24- ------ 17 ------- ------------- -- VALLEY ViS—TA�'VET— A Match Line (SCC Shect 4) E 1/ 3 x �- ORDINANCE NO. AN ORDINANCE AMENDING TITLE 17 OF THE FIRESTONE MUNICIPAL CODE TO ADOPT A NEW CHAPTER 17.50, CONTAINING REGULATIONS CONCERNING SEXUALLY ORIENTED BUSINESSES WITHIN THE TOWN OF FIRESTONE; AND AMENDING TITLE 5 OF THE FIRESTONE MUNICIPAL CODE TO ADOPT A NEW CHAPTER 5.46, CONTAINING LICENSING AND OTHER REQUIREMENTS FOR SEXUALLY ORIENTED BUSINESSES. WHEREAS, there have been significant developments with respect to the regulation and licensing of adult theaters, adult bookstores, adult photo studios and similar sexually oriented businesses, and there have been numerous court decisions concerning such regulation and licensing of sexually oriented businesses; and WHEREAS, the Board of Trustees desires to amend Title 17 of the Firestone Municipal Code, entitled "Zoning", to incorporate into the:Town's zoning ordinances provisions regarding the location and separation of, and other matters concerning, sexually oriented businesses; and WHEREAS, the Board of Trustees further desires to amend Title 5 of the Firestone Municipal Code, entitled "Business Taxes, Licenses and Regulations", to adopt a new Chapter 5.46 containing licensing and other requirements for sexually oriented businesses; and WHEREAS, sexually oriented businesses in the Town of Firestone, Colorado require regulation in order to protect, preserve and promote the health, safety and welfare of the citizens of the Town as well as the patrons of such businesses, through a comprehensive ordinance regulating such businesses; and WHEREAS, the Board of Trustees and Town Staff have received and reviewed land use studies, summaries of studies, surveys, and other documents concerning the secondary effects of sexually oriented business in the U.S. cities listed in Appendix A to this ordinance; and WHEREAS, from review of such documents and testimony of its citizens and others, the Board of Trustees finds that there is convincing evidence that sexually oriented businesses, because of their very nature, have a deleterious effect on surrounding businesses and residential areas adjacent to them; and WHEREAS, the Board of Trustees finds that sexually oriented businesses have a deleterious effect on nearby public facilities, schools and public places of worship, and on the image of the Town of Firestone as an attractive residential community; and 1 6. k, :J WHEREAS, the Board of Trustees finds that sexually oriented businesses, by their very nature, cause secondary adverse effects including crime, decreased property values, increased public safety concerns, and diminished quality of life in surrounding areas; and WHEREAS, the Board of Trustees finds that sexually oriented businesses, due to their nature, have significant objectionable operational characteristics, particularly when operated in close proximity to one another, thereby contributing to crime, decreased property values, increased public safety concerns, and diminished quality of life in surrounding areas; and WHEREAS, the Board of Trustees finds that sexually oriented businesses are frequently used for sexual liaisons of a casual nature and unlawful sexual activities including prostitution; and WHEREAS, the Board of Trustees finds that increased crime and unhealthy conduct tend to accompany, concentrate around, and be aggravated by sexually oriented businesses including but not limited to prostitution; pandering; exposing minors to harmful materials; possession and distribution of obscene materials; possession and sale of controlled substances; and other crimes against persons and property; and WHEREAS, the Board of Trustees finds that concern over sexually transmitted diseases, including herpes, chlamydia, gonorrhea and AIDS, is a legitimate health concern of the Town that demands reasonable regulation of sexually oriented businesses in order to protect the health and well being of the citizens and patrons of sexually oriented business; and WHEREAS, the Board of Trustees finds because of such effects, sexually oriented businesses should not be located within areas that are within close walking distance of residential areas; within areas where minors frequent, patronize, or are expected to be; or within close proximity to residences, churches, schools, parks, and other public facilities; and WHEREAS, the Board of Trustees finds because of such effects, sexually oriented businesses should not be conducted as home occupations, nor should Town ordinances permitting home occupations be construed to permit sales of sexually oriented materials within residential areas; and WHEREAS, the Town is authorized by law to enact zoning, licensing and other regulations concerning sexually oriented businesses, and finds that such zoning, licensing, and other police power regulations are legitimate and reasonable means to control the location, operation, and adverse secondary effects of sexually N oriented businesses; and WHEREAS, licensing is a legitimate and reasonable means of ensuring that operators of sexually oriented businesses comply with reasonable regulations and ensuring that operators do not knowingly allow their businesses to be used as places for illegal activity; and WHEREAS, the Board of Trustees desires to minimize and control the adverse secondary effects of sexually oriented businesses, and thereby protect the health, safety and welfare of the citizens by protecting the citizens from increased crime; preserving the quality of life, property values, and character of neighborhoods and businesses; deterring the spread of blight; and protecting against the spread of sexually transmitted diseases; and WHEREAS, the Board of Trustees finds that locational criteria alone do not adequately protect the public health, safety and welfare, and that licensing and other requirements regarding sexually oriented businesses are in the public interest; and WHEREAS, the Board of Trustees finds that the licensing fees required herein are reasonably designed to defray the overall costs incurred by the Town in regulating sexually oriented businesses; and WHEREAS, it is not the intent of this ordinance to suppress any speech activity protected by the First Amendment or the Colorado Constitution, but instead to enact a content neutral ordinance that addresses and mitigates the adverse secondary effects of sexually oriented businesses while allowing such businesses reasonable opportunities to operate within the Town; and WHEREAS, it is not the intent of this ordinance to condone or legitimize the distribution of obscene material, and the Board of Trustees expects and encourages that state and local laws concerning obscenity be enforced to their full extent; and WHEREAS, the Board of Trustees has provided notice of a public hearing on this ordinance by publication as provided by law and held a public hearing as provided in said notice; and WHEREAS, the Firestone Planning Commission, after notice and hearing; has recommended the Board of Trustees's approval of amendments to the zoning ordinance of the Town as set forth in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 3 Section 1. The foregoing recitals are hereby affirmed and incorporated herein by this reference as findings of the Board of Trustees. Section 2. Chapter 17.08 of the Firestone Municipal Code, entitled "Definitions" is hereby amended by the addition of the following definitions to be inserted alphabetically into said section: "Adult amusement or entertainment" means amusement or entertainment which is distinguished or characterized by an emphasis on material, depicting, describing or relating to specified sexual activities or specified anatomical areas, or which features topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment. "Adult arcade" means any commercial establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, videocassette players or similar machines, or other image -producing machines, for viewing by five or fewer persons each at any viewing, are used to show films, motion pictures, videocassettes, slides, or other photographic, digital or electronic reproductions which are characterized by the depiction, simulation or description of specified sexual activities or specified anatomical areas. "Adult bookstore, adult novelty store, or adult video store" means a commercial establishment which devotes a significant or substantial portion of its stock--in-trade or interior floor space to, or has as one of its principal business purposes, the sale, rental or viewing, for any form of consideration, of (a) any books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, or (b) any instruments, devices or items which are designed or intended for use with or in specified sexual activities. "Adult cabaret" means a nightclub, bar, restaurant, concert hall, auditorium or other commercial establishment which features persons who appear nude or in a state of nudity or seminudity; or live performances which are characterized by the exposure of specified 4 anatomical areas or by the exhibition of specified sexual activities. "Adult motion picture theater" means a commercial establishment which is distinguished or characterized by showing of films, motion pictures, videocassettes, slides, or similar photographic reproductions with an emphasis on depicting or describing specified sexual activities or specified anatomical areas which are regularly shown for any form of consideration. "Commercial establishment," with respect to the regulation of sexually oriented businesses, may have other principal business purposes that do not involve the depicting or describing of specified sexual activities or specified anatomical areas and still be categorized as a sexually oriented business. Such other business purposes will not serve to exempt such commercial establishments from being categorized as a sexually oriented business so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas. The term commercial establishment includes clubs, fraternal organizations, social organizations, civic organizations or other similar organizations with paid memberships. "Establishment of a sexually oriented business" means and includes any of the following:(a) the opening or commencement of any such business as a new business; (b) the conversion of an existing business into a sexually oriented business;(c) the addition of a different sexually oriented business to any other existing sexually oriented business; or (d) the relocation of a sexually oriented business. "Nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons. "Nudity or state of nudity" means: A. the appearance of human bare buttocks, anus, male genitals, female genitals, pubic region, or the areola or nipple of the female breast; or 5 r B. a state of dress which fails to opaquely and fully cover human buttocks, anus, male or female genitals, pubic region, or areola or nipple of the female breast. "Park" means any public land which has been designated or used for any park, open space, or recreational uses or activities including but not limited to a park, playground, nature trail, swimming pool, reservoir, athletic field, basketball court, tennis court, bike or pedestrian path, open space, wilderness area, or similar land within the Town. "Photo studio, adult" means an establishment which, upon payment.of a fee provides photographic equipment and/or models for the purpose of photographing specified anatomical areas. "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. "School" means any public or private educational facility including but not limited to child care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, special education schools, junior colleges and universities. School includes school grounds, but not including any studio for professional work or teaching of any form of fine arts, photography, music, drama or dance. "Seminude" or "Seminudity" means a state of dress in wh-ch clothing covers no more than the genitals, pubic region, and areola of the female breasts, as well as portions of the body covered by supporting straps or devices. "Sexually oriented business" means and includes an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motion picture theater or nude model studio. The term sexually oriented business does not mean or include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional licensed by the state engages in medically approved and recognized sexual therapy. 0 f "Specified anatomical areas" means and includes any of the following: A. Less than completely and opaquely covered: 1. Human genitals, pubic region, 2. Buttocks, anus, or 3. Female breasts below a point immediately above the top of the areola; or B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means and includes any of the following: A. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; C. Masturbation, actual or simulated; D. Human genitals in a state of sexual stimulation, arousal, or tumescence; or E . Excretory functions as part of or in connection with any of the activities set forth in subsections A through D of this definition. "Theater, adult" means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by specified sexual activities or by an emphasis on exposure of specified anatomical areas. Section 3. Section 17.08.190 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stricken through): 17..08.190 dome Occupation. "Home occupation" means any use occupation or profession conducted principally within a dwelling and carried on by the inhabitants, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Sexually_ oriented businesses, because of their tendency to go beyond the limits permitted for home occupations and thereby impair the use and value of the residential area shall not be permitted as home occupations; and, irrespective of whether the use may be categorized as a sexually oriented business no retail or wholesale sales to consumers upon the premises of any tyipes of materials specified in this Title which 7 0, s describe or depict specified sexual activities or s ecified anatomical areas shall be permitted. Section 3. Section 17.16.010.A.7 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stricken through): 7. Home occupations. 24� "home occupat±on" is def±ned for rttrposes of - profession eondrcted in a _ d _ Section 4. Title 17 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 17.50 to read as follows:. Chapter 17.50 SEXUALLY ORIENTED BUSINESSES Sections: 17.50.010 Location. 17.50.020 Sign and Display Requirements. 17.50.010 Location. A. Sexually oriented business shall be located only within the planned unit development (PLED) regional commercial (RC) and neighborhood commercial (NC) zoned areas located within the Town west of Road 13 and south of Road 20, and within the limited industrial (M-1) zoned areas located within the Town east of Road 15 and south of Road 20. It shall be unlawful to cause or permit the operation, establishment, or maintenance of a sexually oriented business outside of these areas. B'. It shall be unlawful to cause or permit the operation, establishment, or maintenance of a sexually oriented business unless a special use permit has been obtained pursuant to Chapter 17.32 of this Title, and unless the use is in compliance with such approval and all applicable regulations of this Code. C. No sexually oriented business shall be established, operated or maintained within 1,500 of any school or within 1,000 feet of: 1. Any religious institution; 2. Any public building; 3. An existing dwelling; 4. Any licensed day care facility; S. Any park; 6. The boundary of a residential zone 0 district; or 7. Another sexually oriented business. D. The distance between two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. E. The distance between a sexually oriented business and any religious institution, school, public building, day care facility, existing dwelling, park, or boundary of a residential zone district shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point of the building or structure used as part of the premises where the sexually oriented business is conducted, to the nearest property line of the premises of a religious institution, school, public building, day care facility, or existing dwelling, or the nearest boundary of an affected park or residential zone district. F. No more than one sexually oriented business shall be established, operated or maintained within the same building, structure, premises or portion thereof. G. Any sexually oriented business lawfully operating on the effective date of this ordinance that is in violation of subsection C of this section will be permitted to continue for a period of six (6) months from the effective date hereof. H. Notwithstanding the provisions of subsection G of this section, the Town may grant an extension of time during which a sexually oriented business in violation of subsection C of this section will be permitted to continue upon a showing that the owner of the business has not had a reasonable time to recover the initial financial investment in the business. No such extension of time shall be for a period greater than that reasonably necessary for the owner of the business to recover his or her initial financial investment in the business. A sexually oriented business in violation of subsection C of this section may continue during such extended period unless the business is sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such business shall not be enlarged, extended, or altered except that the business may be brought into compliance with this subsection. I. If two or more sexually oriented businesses are within one thousand (1,000) feet of one another and otherwise in a permissible location, the sexually oriented business which was first established and continually operating at the particular location will be deemed to be in compliance with subsection C of this 9 section and the later established business (es) will be deemed to be in violation of such subsection. J. A sexually oriented business which at the time it received its sexually oriented business license was in compliance with the location requirements of subsection C of this section does not violate that subsection if when the sexually oriented business applies to renew its valid sexually oriented business license a school is now located within one thousand five hundred (1,500) feet of the sexually oriented business; or a church, public building, day care facility, dwelling or residential zone district is now located within one thousand (1,000) feet of the sexually oriented business. This provision applies only to the renewal of a valid sexually oriented business license and does not apply to an application for a sexually oriented business license that is submitted as a result of the previous sexually oriented business license expiring or being revoked. 17.50.020 Sian and Display Requirements. A. In addition to the any applicable requirements of this Code, the Firestone Development Regulations, and the Uniform Baseline Design Standards, sexually oriented businesses shall comply with the sign and display requirements set forth in this section. In the event of conflict between this section and any other provisions of this Code, the Firestone Development Regulations or the Uniform Baseline Design Standards, the restrictions set forth in this section shall apply and control. B. Signs for sexually oriented businesses shall not contain photographs, silhouettes, drawings or pictorial representations of any type or manner. Such signs may contain only the name of the enterprise and a phrase denoting the type of sexually oriented business by reference to the classifications set forth in this title, such as "adult arcade", "adult bookstore", "adult theater". C. For any adult bookstore, adult novelty shop or adult video store, there shall be presented to the licensing officer with the application required under Section 5.46.080 of this Code, a scaled floor plan showing the specific locations within the commercial establishment where the stock -in -trade describing or depicting specified sexual activities or specified anatomical areas, or designed or intended for use with or in specified sexual activities, will be displayed and sold. The plan shall also describe the method of display of such stock -in -trade. D. For any commercial establishment that is open 10 n. r for other business other business purposes to persons under the age of 21, the sexually oriented business shall segregate such stock -in -trade into a separate and distinct area within the establishment that may be accessed only by persons over the age of 21, and where the stock -in --trade may not readily viewed by persons outside such area regardless of age. Alternatively, such stock -in -trade need not be segregated into a separate and distinct area if any matter describing or depicting specified sexual activities or specified anatomical areas is covered by an opaque material, such as an opaque magazine, book or video sleeve, that prevents viewing of such matter by persons under the age of 21. It is the specific intent of this section to require that adult books, magazines, videos, and novelty items, and any other adult materials displayed in the establishment, either be displayed only in areas not accessible to persons under the age of 21, or be displayed only after matter describing or depicting specified sexual activities or specified anatomical areas is first shielded from view by opaque covering. Section 5. Title 5 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 5.46, entitled Sexually Oriented Businesses, to read as follows: Chapter 5.46 SEXUALLY ORIENTED BUSINESSES Sections: 5.46.010 Purpose and intent. 5.46.020 Definitions. 5.46.030 Exemptions. 5.46.040 Unlawful acts. 5.46.050 License fees. 5.46.060 Inspection. 5.46.070 Sexually oriented business license required. 5.46.080 Application for sexually oriented business license. 5.46.090 Duty to supplement application. 5.46.100 Investigation of application. 5.46.110 Issuance of sexually oriented business license. 5.46.120 Manager's license required; change of,manager. 5.46.130 Application for manager's license. 5.46.140 Interior lighting regulations. 5.46.150 Stage required in adult cabaret and adult 11 5.46.160 5.46.170 5.46.180 5.46.190 5.46.200 5.46.210 5.46.220 611MIM D] theater. Conduct in sexually Employee tips. Regulation of peep Hours of operation. Minimum age. oriented business. booths. Expiration of sexually license. Suspension of sexually license. Revocation of sexually oriented business oriented business oriented business license. 5.46.240 Suspension or revocation hearing. 5.46.250 Transfer of sexually oriented business license. 5.46.260 Expiration of manager's license. 5.46.270 Suspension of manager's license. 5.46.280 Revocation of manager's license. 5.46.290 Suspension or revocation hearing. 5.46.300 Notice. 5.46.310 Judicial review. 5.46.010 Purpose_ and intent. The purpose and intent of this Chapter is to regulate sexually oriented businesses to promote the health, safety, and general welfare of the citizens of the Town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town, thereby reducing or eliminating the adverse secondary effects from such sexually oriented businesses. The provisions of this Chapter are not intended to impose a limitation or restriction on the content of any communicative materials, including sexually oriented materials. It is not the intent of this Chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or the Colorado Constitution, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material. 5.46.020 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Adult arcade" shall have the meaning set forth in 12 r Chapter 17.08 of this Code. "Adult bookstore, adult novelty store, or adult video store" shall have the meaning set forth in Chapter 17.08 of this Code. "Adult cabaret" shall have the meaning set forth in Chapter 17.08 of this Code. "Adult motel" means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and provides patrons with closed-circuit television transmission, films, motion pictures, video cassettes, slides, or other photographic productions however produced which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; and has a sign visible from the public right-of- wav which advertises the availability of this adult type of photographic reproductions. "Adult motion picture theater" shall have the meaning set forth in Chapter 17.08 of this Code. "Adult theater" shall have the meaning set forth in Chapter 17.08 of this Code. "Commercial Establishment" shall have the meaning set forth in Chapter 17.08 of this Code. "Employee" means a person who works or. performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business. "Establishment of a sexually oriented business" shall have the meaning set forth in Chapter 17.08 of this Coce. "Licensee" means a person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a sexually oriented business license. "Licensing officer" means the town clerk or his or her designee. "Manager" means an operator, other than a licensee, whc is employed by a sexually oriented business to act as 13 a manager or supervisor of employees or is otherwise responsible for the operation of the business. "Nude model studio" shall have the meaning set forth in Chapter 17.08 of this Code. "Nudity or state of nudity" shall have the meaning set forth in Chapter 17.08 of this Code. "Operator" means and includes the owner, license holder, custodian, manager, operator, or person in charge of any licensed premises. "Peep booth" means a room, semi -enclosure or other similar area located within a licensed premises wherein a person may view representations of specified anatomical areas or specified sexual activities. "Person" shall have the meaning set forth in Chapter 17.08 of this Code. "Premises or licensed premises" means any premises that requires a sexually oriented business license and that is classified as a sexually oriented business, including parking lots and sidewalks immediately adjacent to the structure containing the sexually oriented business. "Principal owner" means any person owning, directly or beneficially, ten (10) percent or more of the ownership interests in.the entity. "Park" shall have the meaning set forth in Chapter 17.08 of this Code. "Seminude or seminudity" shall have the meaning set forth in Chapter 17.08 of this Code. "Sexually oriented business" shall have the meaning set forth in Chapter 17.08 of this Code. "Specified anatomical areas" shall have the meaning set forth in Chapter 17.08 of this Code. "Specified criminal acts" means sexual crimes against children, sexual abuse, sexual assault, or crimes connected with another sexually oriented business including, but not limited to, distribution of obscenity, prestitution, or pandering. 14 "Specified sexual activities" shall have the meaning set forth in Chapter 17.08 of this Code. "Transfer of ownership or control of a sexually oriented business" means and includes any of the following: A. The sale, lease, or sublease of the business; B. The transfer of securities which constitute a controlling interest in the business, whether by sale, ex--hange, or similar means; or C. The establishment of a trust, management arrangement, gift or other similar legal device which transfers ownership or control of the business, including a-ransfer by bequest or operation of law. 5.46.030 Exemptions. The provisions of this Chapter regulating nude model studios do not apply to: A. A college, junior college, or university supported entirely or partly by taxation; B. A private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or C. A business located in a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a nude person is available for viewing; and where, in order to participate in a class, a student must enroll at least three (3) days in advance of the class; and where no more than one nude model is on t-�e premises at any one time. 5.46.040 Unlawful acts. It shall be unlawful for a licensee, manager or employee .to violate any of the requirements of this Chapter or to knowingly permit any patron to violate the requirements of this Chapter. 5.46.050 License fees. A. The annual fee for a sexually oriented business license is $200.00. B. The annual manager's license fee is $50.00. C. An applicant for a sexually oriented business license shall pay a nonrefundable application fee of $500.00 at the time of filing an application. 5.46.060 Inspection. A. An applicant or licensee or manager shall permit representatives of the licensing officer, building 15 F official, the planning director, the police department, the county health department and the fire department to inspect the premises of a sexually oriented business for the purpose of ensuring compliance with the law at any time it is occupied or open for business. B. It shall be unlawful for any person, applicant, licensee, or manager who operates a sexually oriented business or his or her agent to refuse to permit such lawful inspection of the premises at any time that it is occupied or open for business. 5.4.6.070 Sexually oriented business license required. A. No sexually oriented business license shall be issued for any sexually oriented business located within any area of the Town except for PUD RC and NC areas located west of Road 13 and south of Road 20. B. No person shall operate a sexually oriented business without first having obtained a valid type A or type B sexually oriented business license issued by the Town. 1. A type A sexually oriented business license shall be required for sexually oriented businesses where alcoholic beverages or alcoholic liquors, as defined by the Colorado Liquor Code and/or fermented malt beverages, as defined by the Colorado Beer Code, are allowed pursuant to a valid license issued under Chapter 5.08 of this Code. 2. A type B. sexually oriented business license shall be required for all sexually oriented businesses where alcoholic beverages or alcoholic liquors, as defined by the Colorado Liquor Code and/or fermented malt beverages, as defined by the Colorado Beer Code, are not allowed. C. It shall be unlawful to operate or cause to be operated a sexually oriented business when said person knows or reasonably should know that: 1. the business does not have a sexually oriented business license; 2. the business has a sexually oriented business license that is under suspension; 3. the business has a sexually oriented business license that has been revoked; or 4. the business has a sexually oriented business license which has expired. 5_.46.080 Application for sexually oriented business license. A. The licensing officer is responsible for granting, denying, revoking, renewing, and suspending 16 sexually oriented business licenses for proposed or existing sexually oriented businesses. B. The police chief or designee is responsible for providing information on whether an applicant has been convicted of a specified criminal act during the time periods set forth in section 5.46.110.C.1(i). C. Any person desiring to operate a sexually oriented business shall file with the licensing officer an original and two (2) copies of a sworn sexually oriented business license application on the standard application form supplied by the licensing officer. D. The completed application shall contain the following information and shall be accompanied by the following documents: 1. If the applicant is an individual, the individual shall state his or her legal name and any aliases, and submit satisfactory proof that he or she is twenty-one (21) years of age or older in the case of a type A sexually oriented business license or eighteen (18) years of age or older in the case of a type B sexually oriented business license. 2. If the applicant is a legal entity, the application shall state its complete name, the date and place of its organization, evidence that it is in good standing under the laws of the state in which it is organized, and if it is organized under the laws of a state other than Colorado, that it is registered to do business in Colorado, the names and capacity of all officers, directors, managers, and principal owners, and the name of the registered agent and the address of the registered agent for service of process, if any. 3. If the applicant intends to operate the sexually oriented business under a name other than that of the applicant, the sexually oriented business' fictitious name must be stated. 4. Whether the applicant or any of the other individuals listed'pursuant to subsections D.1 or D.2 of this section have been convicted of a specified criminal act within the times set forth in 5.46. 110.C.l (i) , and -if so, the specified criminal act involved, the date of conviction and the place of conviction. 5. Whether the applicant or any of the other individuals listed pursuant to subsections D.1 or D.2 of this section has had a previous license under this or other sexually oriented business ordinance from another city, town or county denied, suspended, or revoked and, if so, the name of the city, town or county where the license was previously denied, suspended or revoked, and the name and location of the sexually oriented business 17 for which the license was denied, suspended, or revoked, as well as the date of the denial, suspension or revocation. 6. Whether the applicant or any other individuals listed pursuant to subsection D.1 or D.2 of this section has been a partner in a partnership or a principal owner of a corporation or other legal entity whose license has previously been denied, suspended, or revoked and, if so, the name of the city, town or county where the ,license was previously denied, suspended or revoked, and the name and location of the sexually oriented business for which the license was denied, suspended, or revoked, as well as the date of denial, suspension, or revocation. 7. Whether the applicant or any other individual listed pursuant to subsections D.1 or D.2 of this section holds any other licenses under this Chapter or other sexually oriented business ordinance from another city, town or county and, if so, the name of such city, town or county, and names and locations of such other licensed businesses. 8. The location of the proposed sexually oriented business including a legal description of the property, street address, and telephone number(s). 9. Proof of the applicant's right to possession of the premises wherein the sexually oriented business will be conducted. 10. The applicant's mailing address and residential address. 11. A sketch or diagram showing the configuration of the premises including a statement of total floor space occupied by the business, and if applicable, the plan required by Section 17.50.020.C. of this Code. The sketch or diagram need not be professionally prepared, but it must be oriented to the north or to some designated street or object and shall be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six (6) inches. The licensing officer may waive the foregoing diagram or plan for renewal applications if the applicant adopts a diagram or plan that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared. If the sexually oriented business has or will have a peep booth or booths, the sketch shall show the locations and dimensions of any manager's stations and demonstrate that there is an unobstructed view from one or more of the manager's station(s) of every area of the premises to which any patron is 18 permitted access, excluding restrooms. The floor plan shall designate those rooms or other areas of the premises where patrons are not permitted and shall also designate the use of each room or other area of the premises. 12. A current certificate and straight-line drawing prepared within thirty (30) days prior to an initial application by a Colorado registered land surveyor depicting: (i) the property lines and the structures of the property to be certified; and (ii) the location of the property lines of any school within one thousand five hundred (1,500) feet of the property to be certified; and (iii) the location of the property lines of any church, dwelling or residential zone district within one thousand (1,000) feet of the property to be certified; and (iv) the location of the property lines and structures of any other sexually oriented business within one thousand five hundred (1,500) feet of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence or pending at the time an application is submitted. 13. If a person who wishes to operate a sexually oriented business is an individual, he or she must sign the application for a sexually oriented business license as applicant. If a person who wishes to operate a sexually oriented business is other than an individual, each principal owner of the applicant must sign the application for a sexually oriented business license as applicant. E. In the event that the licensing officer determines or learns at any time that the applicant has improperly completed the application for a proposed sexually oriented business, he or she shall promptly notify the applicant of such fact and allow the applicant ten (10) days to properly complete the application. The time period for granting or denying a sexually oriented business license shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application. F. The fact that a person possesses other types of state or city licenses does not exempt him or her from the requirement of obtaining a sexually oriented business license. 5.46.090_ Duty to supplement application. A. Applicants for a sexually oriented business license shall have a continuing duty to promptly supplement any application information required by that 19 section in the event that said information changes in any way from what is stated on the application. B. The failure to comply with said continuing duty to supplement an application within thirty (30) days from 4 the date of such change shall be grounds for suspension of a sexually oriented business license. 5.46..100 Investigation of application. A. Upon receipt of an application for a sexually oriented business license properly filed with the licensing officer and upon payment of the nonrefundable application fee, the licensing officer shall immediately stamp the application as received and send copies of the application to the planning director, the building official and the police chief. The planning director, the building official and the police chief, or their respective designees, shall promptly conduct an investigation of the applicant, application, and the proposed sexually oriented business in accordance with this Chapter. Investigations shall be completed within twenty (20) days of receipt of the application by the licensing officer. At the conclusion of their investigations, the planning director and the building official shall each indicate on the copy of the application his or her approval or disapproval of the application, date it, sign it, and in the event of disapproval, state the reasons therefor. The police chief shall only be required to provide the information specified in subsection 5.46.080.B of this Code, and shall not be required to approve or disapprove applications. B. The planning director and the building official may disapprove an application if he or she finds that the proposed sexually oriented business will be or is in violation of any provision of any statute, code, ordinance, regulation, or other law in effect in the Town. After their investigations and review, the planning director, the building official and the police chief shall immediately return the copy of the application to the licensing officer. 5.46.110 Issuance of sexually oriented business -license. A. The licensing officer shall grant or deny an application for a sexually oriented business license within thirty (30) days from the date of its proper filing. Upon the expiration of the thirty (30) days, the applicant shall be licensed to begin operating the business for which the sexually oriented business license is sought, unless and until the licensing officer NO notifies the applicant of a denial of the application and states the reason(s) for that denial. B. Grant of application for sexually oriented business license. 1. The licensing officer shall grant the sexually oriented business license unless one or more of the criteria set forth in subsection C below is present. 2. The sexually oriented business license, if granted, shall state on its face the name of the person or persons to whom it is granted, the expiration date, and the address of the sexually oriented business. The sexually oriented business license shall be posted in a conspicuous place at or near the entrance to the sexually oriented business so that it can be easily read at any time. C. Denial of application for sexually oriented business license. 1. The licensing officer shall deny the application for any of the following reasons: (a) An applicant is under twenty-one (21) years of age in the case of an application for a type A sexually oriented business license or under eighteen (18) years of age in the, case of an application for a type B sexually oriented business license. (b) An applicant is overdue on his or her payments to the Town of taxes, fees, fines, or penalties assessed against or imposed upon him or her in relation to a sexually oriented business. (c) An applicant has failed to provide informatIon required by this section for the issuance of the sexually oriented business license or has falsely answered a question or request for information on the application form and has refused to provide corrected information. (d) The premises to be used for the sexually oriented business have been disapproved by an inspecting agency. (e) The application or sexually oriented business license fees have not been paid. (f) An applicant for the proposed business is in violation of or is not in compliance with any of the provisions of this Chapter. (g) The granting of the application would violate a statute, ordinance, or court order. (h) The applicant has a sexually oriented business license under this section which has been suspended or. revoked within the previous twelve (12) months. 21 (i) An applicant has been convicted of a specified criminal act or acts for which: (i) Less than two .(2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense; (ii) Less than five (5) years have elapsed since the date of conviction or the date or release from confinement, whichever is the later date, if the conviction is of a felony offense; or (iii) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors. The fact that a conviction is being appealed shall have no effect on disqualification of the applicant. An applicant who has been convicted of a specified criminal act or acts may qualify for a sexually oriented business license only when the time period required above has elapsed. 2. If the licensing officer denies the application, he or she shall notify the applicant of the denial and state the reason(s) for the denial. A copy of such denial shall be forwarded to the town attorney. 5.46.120 Manager's license required; change of manaaer. A. A manager or designee shall be on the premises of a sexually oriented business at all times during operation. It shall be unlawful for any person to work as a manager of a sexually oriented business without first obtaining a manager's license. B. In the event a manager ceases to be employed at the premises listed in his or her application, the manager shall immediately report such change to the licensing officer within ten days of such change. 5.46.130 Application for manaaer's license. A. A manager shall submit an application for a manager's license on a form to be provided by the licensing officer. The application shall contain the applicant's name, address, date of birth, telephone number, address, the name(s) and address(es) of the sexually oriented business(es) that manager proposes to manage and the information required in section 5.46.080. B. The police department shall conduct an 22 investigation of the applicant to determine if the applicant has been convicted of a specified criminal act within the times set forth in section 5.46.110.C.l(i). C. The licensing officer shall grant the application within ten (10) days of its filing unless: 1. the applicant is under the age of twenty- one (21) in the case of a type A sexually oriented business license or under the age of eighteen (18) in the case of a type B sexually oriented business license; 2. the applicant has failed to provide; the information required by this section; 3. the license fee has not been paid; 4. the applicant has been convicted of a specified criminal act within the times set forth in section 5.46.110.C.1(i). 5.46.140 Interior lighting regulations. A. The interior portion of the premises of a sexually oriented business to which patrons are permitted access shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place (including peep booths) at an illumination of not less than five (5.0) foot candles as measured at the floor level. B. It shall be the duty of the licensee and employees present on the premises to ensure that the illumination described above is maintained at all times that any patron is present on the .premises. 5.46.150 Stage required in adult cabaret and adult theater. Any adult cabaret or adult theater shall have one or more separate areas designated as a stage in the diagram submitted as -Dart of the application. for the sexually oriented business license. Entertainers shall.perform only upon the stage. The stage shall be fixed and immovable. No seating for the audience shall be permitted within three ( 3 ) feet of the edge of the stage. No members of the audience shall be permitted upon the stage or within three (3) feet of the edge of the stage. 5.46.160 Conduct in sexuallv oriented business. A. No licensee, manager or employee mingling with the patrons of a sexually oriented business, or serving food or drinks, shall be in a state of nudity. It is a defense to prosecution for a violation of this subsection that.an employee of a sexually oriented business exposed any specified anatomical area only during the employee's 23 bona fide use of a restroom or during the employee's bona fide use of a dressing room which is accessible only to employees. B. No licensee, manager or employee shall encourage or knowingly permit any person upon the premises to touch, caress, or fondle the breasts, anus, or specified anatomical areas of any person. C. An adult bookstore, adult novelty shop and adult video store shall be operated in compliance with Section 17.50.020.0 of this Code. 5..46.17_0_ Employee tips. A. It shall be unlawful for any employee of a sexually oriented business to receive tips from patrons except as set forth in subsection C of this section. B. A licensee that desires to provide for tips from its patrons shall establish one or more boxes or other containers to receive tips. All tips for such employees shall be placed by the patron of the sexually oriented business into the tip box. C. A sexually oriented business that provides tip boxes for its patrons as provided in this section shall post one or more signs to be conspicuously visible to the patrons on the premises, in bold letters at least one inch high to read as follows: "All tips are to be placed in the tip box and not handed directly to employees. Any physical contact between a patron and employees is strictly prohibited." 5.46.180 Regulation of peep booths. A. It shall be unlawful for a person who operates or causes to be operated a sexually oriented business with peep booths to violate the requirements of this section. B. At least one employee must be on duty and situated at each manager's station at all times that any patron is present inside the premises. The interior of the premises shall be configured in such a manner that such employee shall be clearly visible from every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of the employee from at least one of the managers' stations from each area of the premises to which any patron is permitted access for any purpose. The view required in this subsection must be by direct line of sight from the manager's station. The view area shall remain 24 unobstructed by any opaque coverings, two-way mirrors, doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to section 5.46.080. C. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms may not contain video display equipment. If the premises has two (2) or more manager's stations designated, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the managers' stations. The view required in this subsection must be by direct line of sight from the manager's station. The view area shall remain unobstructed by any opaque coverings, two-way mirrors, doors, walls, merchandise, display racks, or other materials at all times, and no patron shall be permitted access to any area of the premises which has been designated as an area in which patrons will not be permitted in the application filed pursuant to 5.46.080. D. No peep booth may be occupied by more than one person at any one time. E. No door, two-way mirror, screen, opaque covering or other covering shall be placed or allowed to remain on any peep booth, and no holes or openings shall be placed or allowed to remain in the wall between any two (2) adjacent peep booths. 5.46.190 Hours of operation. It shall be unlawful for a sexually oriented business to be open for business or for the licensee, manager or any employee of a licensee to allow patrons upon the licensed premises during the following time periods: A. On any Tuesday through Saturday from 2:00 a.m. until 7:00 a.m.; B. On any Monday, other than a Monday which falls on January 1., from 12:00 a.m. until 8:00 a.m.; C. On any Sunday from 2:00 a.m. until 8:00 a.m.; D. On any Monday which falls on January 1 from 2:00 a.m. until 7:00 a.m. 5.46.200 Minimum aae. 25 A. It shall be unlawful for any person under the age of twenty-one (21) years to be upon the premises of a sexually oriented business that operates pursuant to a type A sexually oriented business license or for any person under the age of eighteen (18) years to be upon the premises of a sexually oriented business that operates pursuant to a type B sexually oriented business license. B. It shall be unlawful for the licensee, manager or any employee of the licensee to allow anyone under the age of twenty-one (21) years to be upon the premises of a sexually oriented business operated pursuant to a type A sexually oriented business license or to allow anyone under the age of eighteen (18) years upon the premises of a sexually oriented business that operates pursuant to a type B sexually oriented business license. 5.46.210 Expiration of sexually oriented business license. A. Each sexually oriented business license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 5.46.080 (for renewals, filing of original survey shall be sufficient) of this section. Application for renewal of a sexually oriented business license shall be made at least thirty ,30) days before the expiration date of the sexually oriented business license. B. If, subsequent to denial of renewal the licensing officer finds that the basis for denial of the renewal of the sexually oriented business license has been corrected, the applicant shall be granted a sexually oriented business license if no, more than ninety (90) days have elapsed since the date denial became final. 5.46.220Suspension of sexually oriented business license. A. The licensing officer may suspend a sexually oriented business license for a period not to exceed one hundred fifty (150) days if he or she determines that a licensee or an employee of a licensee has: 1. violated or is not in compliance with any section of this Chapter or any other section of this Code regulating sexually oriented businesses; or 2. refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter; or 3. knowingly allowed repeated disturbances of public peace to occur within the licensed establishment or upon the premises of the licensed establishment 26 involving patrons, employees, or the licensee; or 4. operated the sexually oriented business in violation of a building, fire, health, or zoning code, ordinance, or regulation whether federal, state, or local, said determination being based on investigation by the department, division, or agency charged with enforcing said rules or laws. In the event. of such a statute, code, ordinance, or regulation violation, the licensing officer shall promptly notify the licensee of the violation and shall allow the licensee a twenty (20) day period in which to correct the violation. If the licensee fails to correct the violation before the expiration of the twenty (20) day period, the licensing officer shall forthwith suspend the sexually oriented business license and shall notify the licensee of the suspension; or 5. operated the sexually oriented business in violation of the hours of operation provisions set forth in this Chapter; or 6. transferred a sexually oriented business license contrary to the provisions of this Chapter. In the event of such suspension, the licensing officer shall forthwith notify the original licensee and the transferee of the suspension. The suspension shall remain in effect until the applicable section of this Chapter has been satisfied. B. The suspension shall remain in effect until and including the last day in the licensing officer's order and the violation of the statute, code, ordinance, or regulation in question has been corrected. 3.46.230 Revocation of sexually oriented business license. A. The licensing officer shall revoke a sexually oriented business license upon determining that: 1. a cause of suspension as set forth in this Chapter occurred and the sexually oriented business license has been suspended within the preceding twelve (12) months; or 2. a licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a sexually oriented business license; or 3. a licensee, manager or an employee has knowingly allowed possession, use, or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, C.R.S.) on the premises; or 4. a licensee, manager or an employee has 27 knowingly allowed acts of prostitution or negotiations for acts of prostitution on the premises; or 5. a licensee, manager or an employee knowingly operated the sexually oriented business during a period of time when the licensee's sexually oriented business license was suspended; or 6. a licensee has been convicted of a specified criminal act for which the time period set forth in section 5.46.110.C.1(i) has not elapsed; or 7. on two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the licensed premises constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the sexually oriented business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the sexually oriented business license; or 8. a licensee is delinquent in payment to the Town or state for any taxes or fees; or 9. a licensee, manager or an employee has knowingly allowed any specified sexual activity to occur in or on the licensed premises; or 10. the licensee has operated more than one sexually oriented business within the same building, structure, or portion thereof. B. When the licensing officer revokes a sexually oriented business license, the revocation shall continue for one year and the licensee shall not be issued a sexually oriented business license for one year from the date revocation became effective. 5.46.240 Suspension or revocation hearing. A. A licensee shall be entitled to a hearing before the licensing officer if the Town seeks to suspend or revoke his or her sexually oriented business license based on a violation of this Chapter or any other section of this Code regulating sexually oriented businesses. The business may continue to operate during the hearing process. B. When there is probable cause.to believe that a cause for suspension or revocation exists, the town attorney may file a written complaint with the licensing officer setting forth the circumstances of the alleged violation. C. The licensing officer shall provide a copy of the complaint to the licensee, together with notice to appear before the licensing officer for the purpose of a hearing on a specified date to show cause why the W licensee's sexually oriented business license should not be suspended or revoked. D. At the hearing, the licensing officer shall hear such statements and consider such evidence as the police department or other enforcement officers, the owner, occupant, lessee, or other party in interest, or any other witness shall offer which is relevant to the violation alleged in the complaint. The licensing officer shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the licensing officer determines that a cause for suspension or revocation exists, he or she shall issue an order suspending or revoking the sexually oriented business license within thirty (30) days after the hearing is concluded based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license. E. The order of the licensing officer made pursuant to subsection D above shall be a final decision and may be appealed to the district court pursuant to Colorado Rules of Civil Procedure 106(A)(4). Failure of a licensee to timely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of the sexually oriented business license. F. The licensing officer shall have the power to administer oaths, issue subpoenas, and when necessary grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the licensing officer conducts. It is unlawful for any person to fail to comply with any subpoena issued by the licensing officer. A subpoena shall be served in the same manner as a subpoena issued by the district court of the State of Colorado. G. All hearings held before the licensing officer regarding suspension or revocation of a sexually oriented business license issued under this ordinance shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the licensing officer, and shall pay all costs of preparing such record. H. In the event of suspension, revocation, or cessation of business, no portion of the sexually oriented business license fee shall be refunded. 5.46.250 Transfer of sexually oriented business license. 29 A. A licensee shall not operate a. sexually oriented business under the authority of a sexually oriented business license at any place other than the address designated in the application for sexually oriented business license. B. A licensee shall not transfer his or her sexually oriented business license to another person unless and until such other person satisfies the following requirements: 1. Obtains an amendment to the sexually oriented business license from the licensing officer which provides that he or she is now the licensee, which amendment may be obtained only if he or she has completed and properly filed an application with the licensing officer setting forth the information called for under section 3.46.080 in the application; and 2. Pays a transfer fee of twenty (20) percent of the annual sexually oriented business license fee. C. No sexually oriented business license may be transferred when the licensing officer has notified the licensee that suspension or revocation proceedings have been or will be brought against the licensee. D. Any attempt to transfer a sexually oriented business license either directly or indirectly in violation of this section is hereby declared void. 5.46.260 Expiration of manager's license. A. Each manager's license shall expire one year from the date of issuance and may be renewed only by making application as provided in section 5.46.130. Application for renewal of a manager's license shall be made at least thirty (30) days before the expiration date of the manager's license. B. If, subsequent to denial of renewal the licensing officers finds that the basis for denial of the renewal of the manager's license has been corrected, the applicant shall be granted a manager's license if no more than ninety (90) days have elapsed since the date denial became final. 5.46.270 Susnens_ion of manager's license. A. The licensing officer may suspend a manager's license for a period not to exceed ninety (90) days if he or she determines that the manager has: 1. violated or is not in compliance with any section of this Chapter; or 2. refused to allow an inspection of the sexually oriented business premises as authorized by this Chapter; or 30 3. knowingly allowed repeated disturbances of pu�Dlic peace to occur within the licensed establishment or upon the premises of the licensed establishment involving patrons, employees, or the licensee; or 4. operated the sexually oriented business in violation of the hours of operation provisions set forth in this Chapter. B. The suspension shall remain in effect until and including the last day in the licensing officer's order and the violation of the statute, code, ordinance, or regulation in question has been corrected. 5.46.280 Revocation of manager's license. A. The licensing officer shall revoke a sexually oriented business license upon determining that: 1. a cause of suspension as set forth in this Chapter occurred and the sexually oriented business license has been suspended within the preceding twelve (12) months; or 2. a licensee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant's opportunity for obtaining a manager's license; or 3. the manager knowingly allowed possession, use, or sale of controlled substances (as defined in Part 3 of Article 22 of Title 12, C.R.S.) on the premises; or 4. the manager knowingly allowed acts of prostitution or negotiations for acts of prostitution on the premises; or 5. the manager knowingly operated the sexually oriented business during a period of time when the sexually oriented business license was suspended; or 6. the manager has been convicted of a specified, criminal act for which the time period set forth in section 5.46.110.C.1(i) has not elapsed; or 7. the manager has knowingly allowed any specified sexual activity to occur in or on the licensed premises; or 8. the manager has knowingly allowed more than one sexually oriented business to be operated within the same building, structure, or portion thereof. B. When the licensing officer revokes a manager's license, the revocation shall continue for one year and the licensee shall not be issued a manager's license for one year from the date revocation became effective. 5.46.290 Suspension or revocation hearing. A. A manager shall be entitled to a hearing before 31 the licensing officer if the Town seeks to suspend or revoke the manager's license based on a violation of this Chapter or any other section of this Code regulating sexually oriented businesses. The manager may continue to manage a sexually oriented business during the hearing process. B. When there is probable cause to believe that a cause for suspension or revocation exists, the town attorney may file a written complaint with the licensing officer setting forth the circumstances of the alleged violation. C. The licensing officer shall provide a copy of the complaint to the licensee, together with notice to appear before the licensing officer for the purpose of a hearing on a specified date to show cause why the licensee's license should not be suspended or revoked. D. At the hearing, the licensing officer shall hear such statements and consider such evidence as the police department or other enforcement officers, the owner, employer, occupant, lessee, or other party in interest, or any other witness shall offer which is relevant to the violation alleged in the complaint. The licensing officer shall make findings of fact from the statements and evidence offered as to whether the violation occurred in or near the licensed establishment. If the licensing officer determines that a cause for suspension or revocation exists, he or she shall issue an order suspending or revoking the manager's license within thirty (30) days after the hearing is concluded based on the findings of fact. A copy of the order shall be mailed to or served on the licensee at the address on the license. E. The order of the licensing officer made pursuant to subsection D above shall be a final decision and may be appealed to the district court pursuant to the Colorado Rules of Civil Procedure 106(A)(4). Failure of a licensee to tamely appeal said order constitutes a waiver by him or her of any right he or she may otherwise have to contest the suspension or revocation of the manager's license. F. The licensing officer shall have the power to administer oaths, issue subpoenas, and when necessary grant continuances. Subpoenas may be issued to require the presence of persons and production of papers, books, and records necessary to the determination of any hearing which the licensing officer conducts. It is unlawful for any person to fail to comply with any subpoena issued by the licensing officer. A subpoena shall be served in the same manner as a subpoena issued by the district court of 901 the State of Colorado. G. All hearings held before the licensing officer regarding suspension or revocation of a manager's license issued under this ordinance shall be recorded stenographically or by electronic recording device. Any person requesting a transcript of such record shall post a deposit in the amount required by the licensing officer, and shall pay all costs of preparing such record. H. In the event of suspension, revocation, or cessation of business, no portion of the manager's license fee shall be refunded. 5.46.300 Notice. Any notice required by this Chapter shall be deemed sufficient if it is deposited in first class mail, postage pre -paid, to the address on the application and shall be effective upon mailing. 5.46.310 Judicial review. After denial of an application, or denial of a renewal of an application, or suspension or revocation of a license, such act shall be a final decision. Therefore, the applicant or licensee may seek judicial review of such administrative action pursuant to the Colorado Rules of Cavil Procedure. The court shall promptly review such administrative action. Section 6. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 7. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 8. Any person who violates any provision of this 33 Ordinance shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed 1 year or both such fine and imprisonment. Each day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person shall be a separate offense. Section 9. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent.of such inconsistency or conflict. IN^ ODUCED , READ, PASSED AND ORDERED PUBLISHED this o�oZ d a y of n� �_ ---' 2000 ATTEST: L �, OCiaac Cheri Anderson, ToiIrn Clerk 62200/11:07[kmk)F:\OFFICE\FirestcnelOrd\SOB.wpd 34 Rick Patterson, Mayor �a .4 d APPENDIX A Land Use Studies, Summaries and Law Enforcement Reports Index .1. Denver, Colorado, Police Department (1993) 2. Ga-den Grove, California (1991) 3. Tucson, Arizona (1990) 4. Seattle, Washington (1989) 5. Adam's County, Colorado, Sheriff's Department (1988, with 1991 update) 6. Austin, Texas (1986) 7. Oklahoma City, Oklahoma (1986) 8. Indianapolis, Indiana (1984) 9. Houston, Texas (1983) 10. Beaumont, Texas (1982) 11. Minneapolis, Minnesota (1980)` 12. Phoenix, Arizona (1979) 13. Whittier, California (1978) 14. Amarillo, Texas (1977) 15. Cleveland, Ohio (1977) 16. Los Angeles, California (1977) 35 ORDINANCE NO. AN ORDINANCE RENUMBERING TWO SEPARATE ORDINANCES THAT WERE BOTH PASSED UNDER ORDINANCE NO. 435 WHEREAS, the Town of Firestone, Colorado, is a statutory municipality existing under and by virtue of the laws of the State of Colorado; and. WHEREAS, on January 13, 2000, the Town of Firestone passed Ordinance Number 435, an ordinance vacating certain easements; and WHEREAS, on January 27, 2000, the Town of Firestone passed a separate ordinance amending Titles 16 and 17 of the Town Code, which ordinance was erroneously numbered as Ordinance Number 435; and WHEREAS, the Town of Firestone wishes to preserve the ordinances above as they were passed but wishes to designate new ordinance numbers for them. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The ordinance currently numbered as Ordinance Number 435 and entitled "AN ORDINANCE APPROVING THE VACATION OF A WATERLINE EASEMENT AND STORM SEWER EASEMENT WITHIN THE TOWN OF FIRESTONE," is hereby renumbered as Ordinance 435.A. Section 2. The ordinance currently numbered as Ordinance Number 435 and entitled "AN ORDINANCE AMENDING TITLES 16 AND 17 OF THE FIRESTONE MUNICIPAL CODE AS FOLLOWS: ADOPTING NEW NOTICE REQUIREMENTS FOR SUBDIVISION APPLICATIONS; INCREASING THE PUBLIC LAND DEDICATION REQUIREMENT FOR SUBDIVIDED LAND; ADOPTING PARK DESIGN AND CONSTRUCTION STANDARDS FOR NEIGHBORHOOD OR SMALLER PARKS WITHIN SUBDIVIDED LANDS; ADOPTING A PRELIMINARY DEVELOPMENT PLAN STEP AND AN OPTIONAL OVERALL FINAL DEVELOPMENT PLAN STEP AS PART OF THE TOWN'S PLANNED UNIT DEVELOPMENT REGULATIONS; REVISING THE SUBMITTAL REQUIREMENTS AND REVIEW CRITERIA FOR THE CONDITIONAL AND SPECIAL USE PERMIT APPLICATIONS; AND MAKING ADDITIONAL AMENDMENTS TO CERTAIN OTHER SECTIONS OF SUCH TITLES," is hereby renumbered as Ordinance No. 435.B. Section 3. The repeal or modification'of any provision of the Municipal Code of the City of Firestone by this ordinance shall 1 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 provision, and each provision 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. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this p� day of cane, , 2000. TOWN OF FIRESTONE, COLORADO ONE Rick Patterson NN •. Mayor Attest: 56� Cheri Anderson Town Clerk 6/22/00/1:58PM[bt]F:IOFFICE1Fire;tone10rd1Renumbering,ord 2 07/28/00 10:07 FAX 3032981627 GRIFFITHS TANOUE & LIGHT a FIRESTONE 1@ 002/007 ORDINANCE NO. 445 AN ORDINANCE CONCERNING THE POSITION OF COMMUNITY SERVICE OFFICER. WHEREAS, the Board of Trustees desires to create the position of Community Service Officer; and WHEREAS, the Board of Trustees desires to clarify and delinea--e the responsibilities of the Community Service Officer. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 2.52 of the Firestone Municipal Code is hereby amended by the addition of a Section 2.52.050 to read as follows: 2.52.050. Community service officer. A. There is created the position of community service officer. B. The community service officer shall have the responsibility to enforce, under the supervision of the chief of police, the following provisions of the Fi_estone Municipal. Code: 1. Title 5, Business Licenses; 2. Title 6', Animals 3. Title 8, Health and Safety; 4. Section 9.08.100, Abandonment of a motor vehicle; and 5. Section 9.08.110, Wrecked, nonoperating vehicles on private property. 6. Chapter 15.40, Fences. C. In addition :to the responsibilities set forth in subsection B. of this section, the community service of-ficer shall perform such other duties as required by the chief of police. In no.event shal_1.any such duties include any activities related to law enforcement except as specifically authorized by this section. D. Nothing -in• this section shall deprive any police officer of the power to enforce any of the provisions of this code listed in subsection B. of this section. E. The community service officer shall not have anv arrest power, and shall not be authorized to carry anv firearm. F. Solely for the purpose of the issuance of a summons and complaint or penalty assessment notice for offenses within the scope of the community service 07/28/00 10:07 FAX 3032981627 GRIFFITHS TANOUE & LIGHT -> FIRESTONE IM003/007 officer's enforcement responsibilities pursuant to subsection B. of this section,.and for no other purpose, the community service officer shall be deemed to be a "peace officer" within the meaning of the Colorado Municipal Court Rules of Procedure. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance -is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 27" day of July, 2000. Cheri Anderson Town Clerk 72800/10:07[kmk]F:\OFFICE\FirestonelOrd\CodeEnf.wpd L TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE DECRIMINALIZATION OF CERTAIN TRAFFIC VIOLATIONS. WHEREAS, pursuant to C.R.S. § 42-4-1701, municipalities may designate certain traffic violations as traffic infractions which constitute civil matters, for which imprisonment is not a possible penalty; and WHEREAS, the 3oard of Trustees finds that such designation for certain traffic offenses would help alleviate congestion of the Municipal Court docket, streamline proceedings in the Municipal Court, reduce burdens on persons required to appear in Court, and otherwise reduce burdens on the Town and its citizens; and WHEREAS, the Board of Trustees desires to decriminalize certain traffic offenses contained in the Firestone Municipal Code consistent with state law, to establish a civil or administrative system as distinguished from a criminal system of adjudication for these offenses, and provide for other matters in relation thereto. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 10.04.200 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are stricken throtzc#r; words to be added are CAPITALIZED): 10.04.200. ,Violations penalties. A. It shall be unlawful for any person to violate any of the provisions of this Chapter or the Model Traffic Code adopted herein FOR WHICH NO SPECIFIC PENALTY HAS BEEN PROVIDED OR FOR WHICH THE SOLE PENALTY PROVIDED IS A FINE, BOTH OF WHICH TYPES OF VIOLATIONS ARE HEREBY DEEMED TRAFFIC INFRACTIONS. A TRAFFIC INFRACTION SHALL BE A CIVIL MATTER FOR WHICH PUNISHMENT BY IMPRISONMENT SHALL NOT BE AVAILABLE, AND FOR WHICH A PENALTY ASSESSMENT NOTICE SHALL BE ISSUED. EVERY PERSON WHO IS CONVICTED OF A TRAFFIC INFRACTION, WHO ADMITS LIABILITY OR GUILT FOR A TRAFFIC INFRACTION, OR AGAINST WHOM A JUDGMENT IS ENTERED FOR A TRAFFIC INFRACTION, IS SUBJECT TO A FINE OF AT LEAST TEN DOLLARS, BUT NOT MORE THAN FIVE HUNDRED DOLLARS, EXCLUSIVE OF ANY COURT COSTS AND SURCHARGES. 1 B. FOR ANY VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE MODEL TRAFFIC CODE ADOPTED HEREIN WHICH IS A TRAFFIC INFRACTION, NO TRIAL BY JURY SHALL BE AVAILABLE, NO ARREST WARRANT SHALL BE ISSUED FOR FAILURE TO APPEAR OR TO PAY, NO PRIVILEGE AGAINST SELF- INCRIMINATION SHALL APPLY, THE STANDARD OF PROOF SHALL BE A PREPONDERANCE OF THE EVIDENCE, AND THE CONDUCT OF ALL PROCEEDINGS APPLICABLE TO SUCH A VIOLATION SHALL OTHERWISE BE IN CONFORMITY WITH THOSE GENERALLY APPLICABLE TO CIVIL MATTERS. C. FOR ANY VIOLATION OF ANY PROVISION OF THIS CHAPTER OR THE MODEL TRAFFIC CODE ADOPTED HEREIN WHICH IS A TRAFFIC INFRACTION, THE COURT MAY ENTER A JUDGMENT OF LIABILITY BY DEFAULT AGAINST THE DEFENDANT FOR FAILURE TO APPEAR OR TO PAY, AND MAY ASSESS SUCH PENALTIES, TOGETHER WITH SUCH COURT COSTS AND SURCHARGES, AS ARE ESTABLISHED BY LAW. THE COURT MAY ESTABLISH, BY WRITTEN ORDER, RULES AND REGULATIONS FOR THE ADMINISTRATION OF ANY VIOLATION OF THIS CHAPTER OR THE MODEL TRAFFIC CODE ADOPTED HEREIN WH+CH IS A TRAFFIC INFRACTION, INCLUDING BUT NOT LIMITED TO SCHEDULES ESTABLISHING THE AMOUNT OF PENALTIES PAYABLE WITHOUT A COURT APPEARANCE, AND SCHEDULES ESTABLISHING DISCOUNTS FROM THOSE AMOUNTS FOR EARLY PAYMENT OF PENALTIES. SUCH EARLY PAYMENT DISCOUNTS SHALL APPLY ONLY TO PENALTIES PAID WITHIN TWENTY DAYS OF ISSUANCE OF THE PENALTY ASSESSMENT NOTICE FOR THE INFRACTION. D. THE TOWN ATTORNEY MAY ESTABLISH A TOWN ATTORNEY'S PLEA BARGAIN PROCEDURE, WHICH SHALL BE PRINTED ON THE PENALTY ASSESSMENT FORM AND WHICH, IN CONJUNCTION WITH ANY EARLY PAYMENT DISCOUNT, SHALL PROVIDE FOR THE AUTOMATIC REDUCTION OF POINTS ASSESSED FOR A TRAFFIC INFRACTION AS SET FORTH IN THIS SUBSECTION D; PROVIDED, HOWEVER, THE TOWN ATTORNEY SHALL RETAIN ALL LAWFUL AUTHORITY TO DETERMINE WHAT, IF ANY, PLEA BARGAIN TO OFFER THOSE DEFENDANTS APPEARING IN THE MUNICIPAL COURT. 1. A FOUR (4) OR THREE (3) POINT VIOLATION MAY BE REDUCED TO A TWO (2) POINT VIOLATION; AND 2. A TWO (2) POINT VIOLATION MAY BE REDUCED TO A ONE (1) POINT VIOLATION. E. IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY OF THE FOLLOWING PROVISIONS OF THIS CHAPTER, WHICH VIOLATIONS ARE HEREBY DEEMED CRIMINAL OFFENSES. EVERY PERSON CONVICTED OF A VIOLATION OF THE FOLLOWING 2 PROVISIONS OF THIS CHAPTER SHALL BE SUBJECT TO THE PENALTIES SET FORTH IN SECTION 1.16.010 OF THIS CODE: 1. SECTION 1101 OF THE MODEL TRAFFIC CODE, WHERE THE SPEED AS DRIVEN IS TWENTY (20) MILES PER HOUR OR MORE OVER THE LAWFUL SPEED. 2. SECTION 1103 OF THE MODEL TRAFFIC CODE, SPEED CONTEST. 3. SECTION 1401 OF THE MODEL TRAFFIC CODE, RECKLESS DRIVING. 4. SECTION 1402 OF THE MODEL TRAFFIC CODE, CARELESS DRIVING. 5. SECTION 1413 OF THE MODEL TRAFFIC CODE, ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER. 6. SECTION 1409 OF THE MODEL TRAFFIC CODE, COMPULSORY INSURANCE. 7. SECTION 1903 OF THE MODEL TRAFFIC CODE, STOPPING FOR SCHOOL BUSES. Section 4. This ordinance shall take effect on September 1, 2000, and shall apply to- infractions committed on and after that date. Section 5. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to- be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitu-ionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision shall be treated and held as still remaining in 3 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. INTRODUCED, READ, ADOP�ED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of v 2000'. Attest: Cheri Anderson Town Clerk E TOWN OF FIRESTONE, COLORADO ck Patterson yor a PROVISIONS OF THIS CHAPTER SHALL BE SUBJECT TO THE PENALTIES SET FORTH IN SECTION 1.16.010 OF THIS CODE- 1 . SECTION 1101 OF THE MODEL TRAFFIC CODE, WHERE THE SPEED AS DRIVEN IS TWENTY (20) MILES PER HOUR OR MORE OVER THE LAWFUL SPEED. 2. SECTION 1105 OF THE MODEL TRAFFIC CODE, SPED CONTEST. 3. SECTION 1401 OF THE MODEL TRAFFIC CODE, RECKLESS DRIVING. 4. SECTION 1402 OF THE MODEL TRAFFIC CODE, CARELESS DRIVING. S. -SECTION 141-3 OF THE MODEL TRAFFIC CODE, ELUDING OR ATTEMPTING TO ELUDE A POLICE OFFICER. 6. SECTION 1409 OF THE MODEL TRAFFIC CODE, COMPULSORY INSURANCE. 7. SECTION 1903 OF THE MODEL TRAFFIC CODE, STOPPING FOR SCHOOL BUSES. Section 4. This ordinance shall take effect on September 1, 2000, and shall apply to infractions committed on and after that date. Section 5. If any section, paragraph, sentence, clause, or phrase of: this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity. or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof .inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision shall be treated and held as still remaining in 3 04/22/00 14:39 FAX 3032981627 GRIFFITHS TAN OUE & LIGHT FIRESTONE 0 020 w N ORDINANCE NO. ��---- AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN SHADOWS ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain Shadows Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, piirsuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on August 24, 2000, held duly -noticed public hearing to consider the proposed annexation; and WHEREAS, ndtice of the hearing was published July 19 and 26, and August 2 and 9, 2000 in the Farmer & Miners and WHEREAS, t�e Board of Trustees, by resolution, -has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that fro additional terms and conditions are to be imposed upon said annexation except any provided for, in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and inrpproved porated herein by this reference, and known as the Mountain ,Shadows Annexation, is hereby and such property is made a part of and annexed to the Town of Firestone. Section 2. Thel annexation of said territory is subject to the conditions provided for in the petition for annexation �f said property tiled with the Town. of Firestone. iN1RODVCEI], READ ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this _a� dayf 2000. TOWN OF FIRESTONE, COLORADO Illlli 11111 IIIIIII III IIIIIII IIIII 11111111111111111 IN 2793405 09/13/2000 09:21A JA Suki Tsukamoto 1 of 3 R 15.09 0 0.00 Weld County CO Rick Patterson Mayor 1 Oi/22/00 14:40 FAX 3032981627 GRIFFITH$ TANOUE & LIGHT - FIRESTONE U 021 Attest: aL(ILmsem Cheri Andersen Town Clerk: SEAL 1111% 1111111111111111111111111111111111111111111lIN 2793405 0911312000 09.21A sp Salo Tsukamat0 0 0.00 Weld County CO 2 O1/22/00 14:40 FAX 3032981627 GRIFFITHS TANOUE & LIGHT i FIRESTONE 11022 EXHIBIT A - LEGAL DESCRIPTION: A parcel of land located in the Southeast Quarter (SE1/4) of Section One (1), Township Two North (T.2N.), Range Sixty-eight West (R.68W.) and the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (UN.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (6`h 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 SE1/4 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°20'47" 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 SEI/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 89039'01" West along the South line of the Northwest Quarter of said SE1/4 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 SETA a distance of 1352.56 feet the Center Quarter (C1/4) of said Section 1; THENCE North 89°07'02" East along the North line of said SETA a distance of 2631.39 feet to the POINT OF BEGINNING. Said parcel contains 122.228 acres more or less. 812I1200415:44:OSPM[sjl]F:QFFICEIFirestone/Annexationtmountainshadowsennex.ord � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2793405 09/13/2000 09:21A JA Suki Tsukamoto �� 3 of 3 R 15.00 D 0.00 Weld County CO -- - � f .-"� �� �, 08/22/00 14:40 FAX 3032981627 GRIFFITHS TANOUE & LIGHT 4 FIRESTONE R 023 ORDINANCE NO. -1 n AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE MOUNTAIN SHADOWS ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Mountain Shadows Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development (PUD), Residential -A (R-A) and Regional Commercial (R-C) zoning classification and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Mountain Shadows Annexation; and . WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. That certain property known as the Mountain Shadows Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Residential -A (PUD R-A) and Regional Commercial (PUD R-C), pursuant to the zoning ordinances of the Town and in accordance with the Mountain Shadows PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Mountain Annexation subject to the conditions 'set forth on Exhibit B, attached hereto and incorporated herein by reference. '� II I Illlllliilllllllllllllllllllllllllllllll lillllll II II 2793407 09/13/200D 09:21A JA 5uki Tsukamoto l 1 of 4 R 20.00 D 0.00 Weld County CO 08/22/00 14:41 FAX 3032981627 GRIFFITHS TANOUE & LIGHT i FIRESTONE R 024 INTR DUCED, READ, A OPTED, APPROVED, AND ORDERED PUBLISHED IN . FULL thiQ day of CAS , 2000. TOWN OF FIRESTONE, COLORADO Attest: A&fit��- Rick Patterson SEAL kckc';U'�% - L.- 016 YNTY, Cheri Andersen Town Clerk 111111111111111111111111111111111111111111111111111111 2793407 09/13/2000 09:21A JA Suki Tsukamoto 2 of 4 R 20.00 D 0.00 Weld County CO 2 08/22/00 14:41 FAX 3032981627 GRIFFITHS TANOUE & LIGHT -). FIRESTONE Q025 EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned.PUD Residential -A (PUD R-A): A parcel of land located in the Southeast Quarter (SE 114) of Section One (1), Township Two North (T.2N.), Range Sixty-eight West (R.68W.) and the Southwest Quarter (SW1/4) of Section Six (6), Township Two North (T.2N.), Range Sixty-seven West (R.67W.) of the Sixth Principal Meridian (61h P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the East Quarter.Corner (E114) of said Section 1 and assuming the East line of said SETA 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°20'47" 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 SE114; THENCE North 00°25' 5 8" East along said line a distance of 133492 feet to the Southeast Sixteenth Corner of Eaid Section 1; THENCE South 89°39'01" West along the South line of the Northwest Quarter of said SE1/4 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 SETA a distance of 1352.56 feet the Center Quarter (CIA) of said Section 1;. THENCE North 89°07'02" East along the North line of said SE114 a distance of 2631,39 feet to the POINT OF BEGINNING; Excepting from the above described property the following property, which is zoned PUD Regional Commercial (PUD R-C): [insert description of PUD R-C property] I I III�I I I I I I I I II�II I I I I I IIII I I I I IIII I I I I II I I I I I li�l I I I I 2793407 09/1312000 09:21A JA Suki Tsukamoto 3 of 4 R 20.00 0 0.00 Weld County CO 3 08/22/00 14:41 FAX 3032981627 GRIFFITHS TAN OUE & LIGHT FIRESTONE Z 026 EXHIBIT B Outline Development Plan Conditions of Approval 1) Make the minor technical corrections as noted in Staff Memo dated June 21, 2000. 2) Address what will happen to the two existing homes in the northeast corner of the annexation. 3) Clarify the residential density for the R-A and R-C land use areas. 4) Correct the Land Use Table. S) Identify access from Firestone Boulevard to the residential areas. 6) Add a statement that a Phase I Environmental Assessment. will be provided at the time of Preliminary Development Plan. 7) Building setback lines, consistent with the Uniform Baseline Standards, should be shown from planned future right-of-way lines. 8) Minimum lots sizes for the residential land uses should be addressed, with lot sizes being generally larger on the north end. 9) The oil well location should be clearly shown. The "open space" designation for this area should be removed from the Land Use Table. 8/21 /2U00/5:23:53PM[sj l]F:OFFICE/Firestonq/Annexation/MountainShadowszane.ord 1111111111111111111111111111111111111111111111111111111 2793407 09/13/2000 09:21A JA Suki Tsukamoto 4 of 4 R 20.00 D 0.00 Weld County CO 4 fj ORDINANCE NO. AN ORDINANCE APPROVING THE VACATION OF AN EMERGENCY ACCESS EASEMENT WITHIN THE TOWN OF FIRESTONE. WHEREAS, by documea recorded on November 17, 1998, under Reception No. 2654102, Weld County Records, the Town was granted an easement over two parcels of land for emergency access purposes, to provide emergency services to the St. Vrain Ranch Subdivision; and WHEREAS, such emergency access easement was provided to ensure emergency access pending the phased completion of public streets; and WHEREAS, necessary streets have been installed, negating the need for the emergency access easement, and a request has been made for vacation of such easement; and WHEREAS, the Board of Trustees has determined that the emergency access easement for which vacation is requested is not and will not be needed for any public purposes; and WHEREAS, the Board of Trustees has determined that the emergency access easement for which vacation is requested is not being used or held for park .purposes or for any other governmental purposes; and WHEREAS, the Board of Trustees desires to approve the application and vacate the Town's interests in Cie emergency access easement for which vacation is requested. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone hereby vacates all of the Town's interest in and to that certain emergency access easement conveyed to the Town by instrument recorded November 17, 1998, under Reception No. 2654102 in the Office of the Weld County Clerk and Recorder. Section 2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation effected by this Ordinance. Section 3. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, RE , ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Qkj day of 2000. TOWN OF FIRESTONE, COLORADO Rick atterson Mayor Cheri Andersen Town Clerk 08124/20004:11 PM [kni.] f.F:IOFFICE1Fireslone�OrdlVac.SVR.Filingl.doc ORDINANCE NO. 44 5 Q f AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF PROPERTY OWNED B" THE TOWN AND DESCRIBED AS LOTS 25 AND 26, BLOCK 17, TOWN OF FIRETONE. WHEREAS, the Town of Firestone is the owner of certain real property legally described as Lots 25 and 26, Block 17, Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof (hereinafter "the Property"); and WHEREAS, the Board of Trustees has determined that the Property described in Exhibit A is not and will not be needed for any public purposes, and is not being used or held for park purposes or any other governmental purpose; and WHEREAS, pursuant C.R.S. section 31-15-713, the Board of Trustees desires to sell and convey the Property upon the terms and conditions set forth herein; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its citizens to sell and convey the Property upon the terms and conditions set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves the sale and conveyance from the Town of Firestone to Shane and Krista Bradley of that certain real property described as Lots 25 and 26, Block 17, Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof. Section 2. Such sale shall be for a purchase price of not less than $33,000, paid to the Town in cash or certified funds at a closing to occur not later than October 30, 2000. The property shall be conveyed by quit claim deed and in "as is" condition. The Mayor is authorized to execute on behalf of the Town a quit claim deed for the conveyance of the Property, which deed shall be delivered upon receipt of the purchase price. The Mayor and Town Staff are further authorized to execute and deliver such additional documents as may be reasonably required by the title company with respect to the sale and conveyance of the Property. The purchaser shall pay for any title insurance, and for all recording costs and other costs incidental to the sale and conveyance. The purchaser shall also reimburse the Town for actual costs incurred incident to such sale and conveyance, including but not limited to costs incurred by the Town for drafting of sale documents. Section 3. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 4. All_ other ordinances or portions thereof inconsistent or conflicting with this ordinance or. any portion hereof are hereby repealed to the extent of such inconsistency or conflict. . INTRODUCED, .READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL.this thday of. uq Oa+ , 2000. TOWN OF FIRESTONE, COLORADO V-sl Rick Patterson -`0 At Mayor Attest: •� SEAS- et II o Cheri Ander,en Town Clerk 090100/1121[sjI]FAO.FFICETirestonOOrMlock17SA ORDINANCE NO. 1 AN ORDINANCE PROHIBITING THE OPERATION OF GO-CARTS AND GO-PEDS WITHIN THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees hereby finds that the operation of motorized toy vehicles within the Town, such as sit-down motorized sleds or "Go -Carts" and stand-up motorized skating boards or "Go-Peds" is both -a public safety hazard and a public nuisance; and WHEREAS, the Board of Trustees finds that a prohibition against operation of Go -Carts and Go-Peds within the Town of Firestone is necessary for the protection of the health, safety and welfare of the citizens of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,- COLORADO: Section 1. Chapter 9.16 of the Firestone Municipal Code is hereby amended by the addition of a Section 9.16.150 to read as follows': 9.16.150. Go -Carts and Go-Peds. A. The operation anywhere within the Town, whether on private or put-lic property, of any so-called Go -Cart or Go-Ped or. other such motorizedtoy vehicle not designed and equipped for.opera-tion on a public street or highway, is hereby declared and deemed a public nuisance, and it shall be.unlawful for any person to cause or maintain such a public nuisance. B. This section does not apply to the operation of a motorized wheelchair, or any other conveyance designed for use by a person under a physical disability whose mobility.is impaired. Section 2. . Violation of.this ordinance shall be subject to the general penalty provisions set forth in Section 1.16.010 of the Firestone Municipal Code. Section 3. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board.hereby declares that it would have passed this ordinance and each. part or parts hereof irrespective of-the.fact that any one part or parts be declared unconstitutional or invalid. 1 Section 4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed -,to the extent of such inconsistency or conflict. Section S. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision shall be'treated and held as still remaining in force for the purpose of sustaining Iany 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �.R4n day of SE 2000. TOWN OF FIRESTONE, COLORADO Rick Patterson ` siBN f p Mayor Attest: Cheri Anderson Town Clerk 92200/13:20[kmk[F:\OFFICE\Firestone\Ord\Go-Peds.doc 2 ORDINANCE NO. ' `t S P AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A DUMP TRUCK WHEREAS, the Town is authorized by applicable law to acquire equipment and to enter into leases for the same, which lease may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire certain maintenance equipment; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of a dump truck. •NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Lease Purchase Agreement between the Town and Municipal Services Group, Inc., (the "Lease") for acquisition of one (1) 2000 International Model 4900 Dump Truck with Plow, Hitch, 11-box Sander, and Tarp (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form as the copy of such lease accompanying this ordinance, except that the Mayor is hereby granted the authority to approve such revisions to said Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor and Town Administrator are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax- exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines that the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000.00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section.5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � ay of , 2000. SV N'v Attest: GG� 36� jwP '�s -"% Cheri Andersen Town Clerk 92800/16:49[kmk)F:\OFFICE\ Fires tone\P.greements\DumpTruck.L-P.ord.wpd TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor .���, :�� I illlll11111111111� IIIII IIIII II �f,�� IIIIIIIIIIIIiIIIIIIIIII ;� _✓t 2806489 11/13/2000 04:37f JA Suk! Tsukamoto 1 of 13 R- 40.00 d 0.00 Weld County CO ORDINANCE NO.453 SERIES 2000 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR PHASE III OF THE DOLLAGHAN PUD, AND REZONING CERTAIN PROPERTY WITHIN SUCH PHASE III WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request by Michael D. Dollaghan, as owner and applicant, for a rezoning and outline development plan amendment for an approximately 155-acre parcel located in the North One -Half of Section 7, Township 2 North, Range 67 West of the 6'h P.M., which parcel is commonly referred to as Phase III of the Do_laghan PUD and is hereinafter referred to as "Phase III"; and WHEREAS, the Firestone Planning and Zoning Commission held a properly noticed public hearing on the application on May 17, 2000, at which the applicant and other interested persons presented testimony and other evidence to the Commission; and WHEREAS, the public hearing was reopened at the Planning and Zoning Commission meeting on June 7, 2000, at which the applicant submitted a revised application and the applicant and other interested persons presented further testimony and other evidence to the Commission; and WHEREAS, the Planning and Zoning Commission on June 21, 2000, passed Resolution No. PC-0003 recommending denial of the application; and WHEREAS, the Town Board on July 27, 2000, opened its duly -noticed public hearing on the proposed rezoning and outline development plan amendment, at which the applicant submitted its application and the applicant and other interested persons presented testimony and other evidence to the Town Board; and WHEREAS, the Town Board on July 27, 2000, remanded the application to the Planning Commission_ for further review; and WHEREAS, the Planning and Zoning Commission on September 6, 2000, further reviewed the proposes rezoning and outline development plan amendment, including further revisions. to the application proposed by the applicant, and by motion recommended approval of the revised application for rezoning and outline development plan amendment, with conditions; and WHEREAS, all materials related to the proposed rezoning and outline development plan amendment, as revised, 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 comprehensive plan, subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and outline development plan amendment, as revised, at its September 28, 2000 and October 12, 2000, meetings; and 11111111111111111111111111111111111111111 Ill 1111111111111111111 IN 2806489 11/13/2000 04:371JA Suki Tsukamoto 2 of 8 R 40.00 D 0.00 Weld County CO WHEREAS, the Board of Trustees finds that the proposed rezoning and outline development plan amendment, as revised, is consistent with the Town's plan for the area encompassed in Phase III, and should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. 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 proposed rezoning and outline development plan amendment for Phase III of the Dollaghan PUD, which Phase III is Iegally described in Exhibit A, attached hereto and incorporated herein by reference, subject to all conditions set forth on Exhibit B, attached hereto and incorporated herein by reference; and the Town Board does hereby rezone those portions of Phase III legally described on Exhibit C, attached hereto and incorporated herein by reference, to the land use categories set forth on Exhibit C, subject to such, conditions set forth in Exhibit B. The Town zoning map shall be amended accordingly. Section 2. The approval herein is not intended and shall not be construed to create any statutory vested .rights for any of the uses or densities approved under this rezoning. Statutory vested property rights may be created only in accordance with Chapter 17.42 of the Firestone Municipal Code. INTRODUCED, READ, and ADOPTED this day of. C2+0�cy- , 2000. ATTEST: .•�'pwN •� r • S o �o •.....••�,,.0 &I, (i "I'l Cheri Andersen Town Clerk PA Rick Patterson Mayor ', I liilll iilll Illlill IIIII Bill lllll lllll Ill iilil llll llll 2806489 11/13/2000 04:37P JA Suk► Tsukamoto 3� ._ ot_ 8 R 40.00 D 0.00 Weld County CO EXHIBIT A Legal Description: Overall Phase III A PARCEL OF LAND IN THE NORTH HALF OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 01 14'53" WEST, A DISTANCE OF 1117.11 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL PLATTED AS THE FIRESTONE SPORTS FIELD SITE, WHICH POINT IS ALSO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 01 14'53" WEST, A DISTANCE OF 1121.41 FEET; THENCE NORTH 90 00'00" WEST, A DISTANCE OF 4001.16 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE UNION PACIFIC RAILROAD; THENCE ALONG SAID EASTERLY RAILROAD RIGHT OF WAY LINE THE FOLLOWING THREE COURSES: NORTH 30 05'10" EAST, A DISTANCE OF 1123.87 FEET; THENCE SOUTH 89 13'35" EAST, A DISTANCE OF 28.67 FEET; THENCE NORTH 30 05' 10" EAST, A DISTANCE OF 1548.29 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7; THENCE ALONG SAID NORTH LINE OF THE NORTHWEST QUARTER, SOUTH 89 10'20" EAST, A DISTANCE OF 42.32 FEET TO THE NORTH QUARTER CORNER OF SECTION 7; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 88 24'44" EAST, A DISTANCE OF 1608.74 FEET TO THE NORTHWEST CORNER OF SAID FIRESTONE SPORTS FIELD SITE, FROM WHICH, POINT THE NORTHEAST CORNER OF SECTION 7 BEARS SOUTH 88 24'44" EAST, A DISTANCE OF 1031.65 FEET; THENCE ALONG THE BOUNDARY OF SAID FIRESTONE SPORT FIELD SITE THE FOLLOWING FOUR COURSES; SOUTH 01 35'16" WEST, A DISTANCE OF 3 0. 00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 24; THENCE SOUTH 24 0210" EAST, A DISTANCE OF 1128.79 FEET; THENCE SOUTH 59 25'05" EAST, A DISTANCE OF 158.94 FEET; THENCE SOUTH 89 29'23" EAST, A DISTANCE OF 411.17 FEET TO THE POINT OF BEGINNING, CONTAINING 155.00 ACRES, MORE OR LESS. �� lllllllll Illll LII lull llll Illl I Illlll lull Illll�l lull l Suki Tsukamoto 2806489 111IT2000 04.37P JA l 4 of 8 R 40.o0 D 0.00 Weld County CO EXHIBIT B Conditions of Approval 1. An amendment to the Annexation Agreement for Phase III shall be executed to remove the statutory vested property rights set forth therein for Phase III, and to reflect that statutory vested property rights may be created only in accordance with Chapter 17.42 of the Firestone Municipal Code. 2. The interior roadways should be indicated as conceptual only. 3. The interior residential lot lines should be indicated as conceptual only. 4. The portion of Area B that runs North/South, should be combined into one Area, Residential Area A. 5. Areas C and D should be combined into the portion of Area B that runs East/West. b. Area E shall be changed to Area C, the Employment Center area shall be identified as Area D and th-. School Site should be noted as such and Shown as Area E. Add the acreages for all areas and identify each Area by its land use category noted below. 7. The Land Use Table and Note 5 on Sheet 2 shall be modified to read as follows: Min. Max. % Land Use Lot Max. DU of Total Area Category Acres . Size Lots Acre Area A Residential-B 20.49 6,000 74 3.6 13.2% B Residential-B 42.70 7,000 173 4.1 27.5% Sub Total 63.19 247 3.9 40.8% C I Residential-B 18.81 6,000 79 4.2 12.1 Sub Total 82.00 326 4.0 52.9% D Employment Center 46.00 na na na 29.7% E PUD CN Plus School Use Only 27.00 na na na 17.4% Total Notes to Land Use Table per Area: 155.00 rd 326 100.0% I IIIIII �IIII II�I�I! I�III ����� II�II III�I III �IIII IIII III 2806489 11/13/2000 04:37P JA Suki Tsukamoto 5 of 8 R 40.00 a 0.00 Weld County CO Area A • Only Single Family Detached Residential Uses shall be permitted. Area B • Only Single Family Detached Residential Uses shall be permitted. • Single Family Detached Residential Lots along the north and south border of Area B shall have a minimum lot size of 6,000 SF. Area C • Only Single Family Residential shall be permitted for lots along Frontier Street, with such Iot sizes beiyg a minimum of 15,000 square feet in size. The remainder of Area C shall have single family lots no smaller than 6,000 square feet or patio homes, townhomes, duplexes or fourplexes. In any scenario no more than a total of 79 dwelling units shall be permitted for Area C. General • Only Single Family Detached Residential Uses shall be permitted; except as noted. • No Area shall permit "mother-in-law" units. Residential Single Family minimum building setbacks should typically be Front 20-feet, Side 5-feet and rear 20-feet, as further described at the time of PDP and FDP. 9. The zoning for Parcel E shall include other public uses, such as parks, trails, open space, and other uses within the PUD CN land use category, in addition school use for a middle school, a high school or other educational facilities. This parcel shall have a zoning designation of PUD NC for uses in that category, with the addition of school uses. Parcel E shall be transferred to the Town no later than December 31, 2000, and a note to that effect shall be added to the PUD. If such transfer is not completed by December 31, 2000, this Ordinance shall be null and void. 10. In the Project Concept section, note that this amendment only applies to the noted portion of Phase III of the Dollaghan PUD. 11. In the Project Concept section, replace ..."Firestone Sports Field Concept"... with "planned sports. facility". 12. In the Regional Impacts section, replace the third word ..."wiIl"...with "is expected" 13. In the Utilities section add "Ambulance: Tri-Area Ambulance District". 611 !lil�ll II!!i!lillll IIlI! lilll Ilia 2806489 11/13/2000 04:37P ASuki Tsukamoto i 6 of 8 R 40.00 0 0.00 Weld County CO 14. In the Service Requirements section add the word "available", between the words "currently" and "to". 15. In all cases, identify Firestone Boulevard and Frontier Street as such. 16. In the Circulation Systems section note that the parks in the north area of the Ridgecrest will also be connected to by trails from the Property. 17. The Park Development section should add the phase at the end... "unless otherwise determined by the Town". 18. A minimum building setback line shall be shown on the ODP Map as described in the Uniform Baseline Development Standards. 19. Delete last sentence in Map Note 7. 2 28064 $9 11/13/2000 04:37P JA Suki Tsukamoto 7 of 8 R 40.00 D O,00 Weld County C0� EXHIBIT C Legal Descriptions: Rezoned Areas 1. AREA REZONED TO SCHOOL SITE/PUBLIC USE ONLY (Designation PUD CN, with school use) A PARCEL OF LAND IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 01 14'53" WEST, A DISTANCE OF 2238.52 FEET; THENCE NORTH 90 00'00" WEST, A DISTANCE OF 2518.76 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 90 00'00" WEST, A DISTANCE OF 1482.40 FEET; THENCE NORTH 30 05' 10" EAST, A DISTANCE OF 1123.87 FEET; THENCE SOUTH 89 13'35" EAST, A DISTANCE OF 28.67 FEET; THENCE NORTH 90 00'00" EAST, A DISTANCE OF 908.07 FEET; THENCE SOUTH 01 02'43" WEST, A DISTANCE OF 972.23 FEET TO THE POINT OF BEGINNING, CONTAINING 27.00 ACRES, MORE OR LESS. 2. AREA REZONED TO MEDIUM DENSITY RESIDENTIAL (Designation PUD R-B) A PARCEL OF LAND IN THE NORTH HALF OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 01 14'53" WEST, A DISTANCE OF 1117.11 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 01 14'53" WEST, A DISTANCE OF 1121.41 FEET; THENCE NORTH 90 00'00" WEST, A DISTANCE OF 2518,76 FEET; THENCE NORTH 01 02'43" EAST, A DISTANCE OF 972.23 FEET; THENCE SOUTH 90 00'00" WEST, A DISTANCE OF 908.07 FEET; THENCE NORTH 30 05' 10" EAST, A DISTANCE OF 1548.29 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 7; THENCE ALONG SAID NORTH LINE OF THE NORTHWEST QUARTER, SOUTH 89 10'20" EAST A DISTANCE OF 42.32 FEET TO THE NORTH QUARTER CORNER OF SECTION 7; THENCE ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 88 24'44" EAST A DISTANCE OF 232.32 FEET; THENCE SOUTH 00 10'29" WEST A DISTANCE OF 1162.32 FEET; THENCE SOUTH 7 ��� _ II III IIIII IIII IIII �IIIIIIIIIIIIIIilllllllllllllilllllll. 2806489 11/13/2000 04:37P JA Sukl Tsukamoto 8 of 8 R 40.00 D 0.00 Weld County CO 1 89 29'23" EAST A DISTANCE OF 490.04 FEET; THENCE SOUTH 55 00'00" EAST A DISTANCE OF 190.27 FEET; THENCE SOUTH 89 29'23" EAST A DISTANCE OF 1171.60 FEET; THENCE NORTH 56 01'14" EAST, A DISTANCE OF 190.27 FEET; THENCE SOUTH 89 29'23" EAST, A DISTANCE OF 411.17 FEET TO THE POINT OF BEGINNING, CONTAINING 82.00 ACRES, MORE OR LESS. 3. AREA REZONED TO EMPLOYMENT CENTER (Designation. PUD EC) A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 7; THENCE ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 7, SOUTH 01 14'53" WEST A DISTANCE OF 1117.10 FEET; THENCE NORTH 89 29'23" WEST A DISTANCE OF 411.17 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 56 01'14" WEST, A DISTANCE OF 190.27 FEET; THENCE NORTH 89 29'23" WEST A DISTANCE OF 1171.60 FEET; THENCE NORTH 55 00'00" WEST A DISTANCE OF 190.27 FEET; THENCE NORTH 89 29'23" WEST A DISTANCE OF 490.04 FEET; THENCE NORTH 00 10'29" EAST A DISTANCE OF 1162.32 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 7 SOUTH 88 24'44" EAST A DISTANCE OF 1376.42 FEET; THENCE SOUTH 01 35'16" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 24; THENCE SOUTH 24 02'10" EAST A DISTANCE OF 1128.79 FEET; THENCE SOUTH 59 25'05" EAST A DISTANCE OF 158.94 FEET TO THE POINT OF BEGINNING, CONTAINING 46.00 ACRES, MORE OR LESS. 10/16/2000/10J 5 AM[sjllfaOFFICE\Fireslone\Res1DollaghanAmendODPTownBoard.Res f; - urn 4o l oLon 4 Rre om- �b&xlO Ftf'e�s6�\e, GC) go5 �-�.. 1111111111111111111111111111111111111111111111111j �� IIJA Saki Tsukamoto 2823011 0V8112001 03.22P i of 2 R 10.00 0 0.00 Weld County CO ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE NEIGHBORS ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Neighbors Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on November 16, 2000, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published October 11, 18 and 25, and November 1, 2000, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed -s eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached her: to and incorporated herein by this reference, and known as the Neighbors Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this.b day of n0-Jem'�1e-f 2000. �m;sC•�. �AEoSwr<j;0 Attest: SEALN��•.�;O J- yPJr C! Cheri Andersen Town Clerk TOWN OF FIRESTONE, COLORADO r. Rick Patterson Mayor 2823011 02/01/2001 03:22P JA 5uki Tsukamoto 2 of 2 R 10.00 D 0.00 Weld Countv CO EXHIBIT A - LEGAL DESCRIPTION (NEIGHBORS ANNEXATION): 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 NOO°E00'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 12, NOO°E00'00" E, 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 22; THENCE N900E00'00"E, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 11; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NOO"E00'00"E, 388.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N00°E00'00"E, 1982.83 FEET TO THE NORTH LINE OF HURT ANNEXATION NO. 2; THENCE N900E00'00"W, 30.00 FEET TO THE CENTERLINE OF WELD COUNTY ROAD NO. l I AND THE WEST LINE OF SAID SECTION 12, COMMON WITH THE EAST LINE OF SECTION 11; THENCE S660E59'13"W, 32.59 FEET ALONG THE NORTH LINE OF SAID ANNEXATION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 1 I LOCATED IN SECTION 11; THENCE NOO°E00'00"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"E30'55"E, 2750.83 FEET TO THE CENTER OF SECTION 12 (C 1/4); THENCE ALONG EAST LINE OF SAID SOUTHWEST QUARTER SOO"E28'02"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°E04'17"W, 1969.70 FEET TO THE 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; NOO°E00'00"E, 200.00 FEET; N900E00'00"W, 200.00 FEET; N00°E00'00"E, 200.00 FEET; N90"E00'00"W, 499.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 157.485 ACRES, MORE OR LESS. I l / I 4/2000/11:16AM [sj]]F:OFFICE/Fires(one/Annexation/Neighborsannex. ord I P�e,aze, i-CL.Cn +0 -T—D-Olf\ 4 R PC) too R,rcz-,�,e% CO gosh 21 822012 02101/2001 Q is 0l 5 R 25.Qa � umiiiuiinunuiinu ii n 0,00 Weld Countv CO ORDINANCE NO. JCP AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE NEIGHBORS ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Neighbors Annexation, was filed with the Board of Trustees cf the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development (PUD), Residential -A (R-A) zoning classification and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Neighbors Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Neighbors Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Residential -A (PUD R-A) pursuant to the zoning ordinances of the Town and in accordance with the Neighbors Annexation PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the PUD Outline Development Plan for the Neighbors Annexation property subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. 1 I Illl�i IIIII IIIIIII III IIIIIII III IIIIIII III IIIII IIII IIII 2823012 02/01/2001 03:22P JR Suki Tsukamoto 2 of 5 R 25.00 O 0.00 Weld County CO INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this _L6 day of 00gemb�f , 2000. Attest: t r al�il 0 N1 Cheri Andersen Town Clerk F1 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor I liilll iilli Iliiill 111 iliilli III ililil i 38of05 R 25.000D 0.00 WeldJCounty Cpkamota EXHIBIT A - LEGAL DESCRIPTION The following property is zoned PUD Residential -A (PUD R-A): 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°E00'00"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 12, N00°E00'00" E, 30.00 FEET TO THE NORTH RIGHT-OF-WAY OF WELD COUNTY ROAD 22; THENCE N90"E00'00"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°E00'00"E, 388.66 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N00°E00'00"E, 1982.83 FEET TO THE NORTH LINE OF HURT ANNEXATION NO. 2; THENCE N90"E00'00"W, 30.00 FEET TO THE CENTERLINE OF WELD COUNTY ROAD NO. 1 I AND THE WEST LINE OF SAID SECTION 12, COMMON WITH THE EAST LINE OF SECTION 11; THENCE S660E59'13"W, 32.59 FEET ALONG THE NORTH LINE OF SAID ANNEXATION TO THE WEST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 11 LOCATED 1N SECTION 11; THENCE N00°E00'00"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"E30'55"E, 2750.83 FEET TO THE CENTER OF SECTION 12 (C 114); THENCE ALONG EAST LINE OF SAID SOUTHWEST QUARTER S00°E28'02"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°E04'17"W, 1969.70 FEET TO THE 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°E00'00"E, 200.00 FEET; N90°E00'00"W, 200.00 FEET; N00°E00'00"E, 200.00 FEET; N900E00'00"W, 499.66 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 157.485 ACRES, MORE OR LESS. �' 111 lllt�11111111�1i1 Ill �114111111 i1111 illl l��l 1 2823012 02f01f2401 1 2� 03:22P JA Suki Tsukamoto 4 of 5 R 25.00 0 0.00 Weld Countv CO EXHIBIT B Outline Development Plan Conditions of Approval 1. In the Service Requirements section, add at statement that the property shall petition for inclusion into the Carbon Valley Recreation District and the Tri-Area Ambulance District. 2. In the Utilities section add a statement that street lighting within the development shall be designed to minimize lighting impacts to neighboring properties. In the Circulation Systems section, add a statement that internal local street access from this development will be provided to the three properties located at northeast corner of Sable Avenue and Birch Street. 4. In the Circulation Systems section, add a statement that potential street access from this development shall be considered to adjoining properties to the east and north. In the Park Development section, add a statement that it is intended (in addition to external trail connections), that internal pedestrian trail systems create a general circular and curvilinear route within the overall development. 6. Delete the references to "dedicated" park and open space areas. 7. Revise the legal description pursuant to the comments on the Annexation Map. Central Weld County Water District needs to be removed from the Utilities section as being a water provider to this development. 9. The ace'ss locations shown onto Birch Street (Road 11) will need to be aligned with the accesses to.Monarch Estates. Add a statement to the Circulation System section that acknowledges that the access points shown are approximate. 10. The first and last paragraphs in the Legal Description section need to be removed so that only the legal description is provided. Environmental Site Assessment 11. The `Environmental Site Assessment" prepared by ERO Resources Corporation noted environmental conditions that adversely affected the property. These appeared to be limited to some potentially contaminated soils that are identifiable by characteristic staining. Their recommendation was that stained soils be removed and properly disposed. This will need to be accomplished prior to the Town approving any final plat or accepting any public land dedications that would be affected by this mandate. M 1111 IN Illllilllllllllllllllllllllllllllllllllllllllll j 2823012 02/01/2001 03:22P JA Suki Tsukamoto 5 of 5 R 25,00 D 0.00 Weld County CO Miscellaneous 4 12. Prior to the submittal of the Preliminary Development Plan, the Applicant, the Town and the School District should meet to discuss the feasibility of locating an elementary school site within the development. 13. Adjust minor typographical corrections in the ODP. 14. An updated Title Commitment shall be provided to the Town before recording. 15. Revise technical documents in conformance with redline comments of Town Engineer. 16. Add a statement of compliance with the Uniform Baseline Design Standards. 17. Attempt to save existing valuable trees, as appropriate. 18. The ODP map identifies the Godding Ditch and associated lateral. A note shall be added to the ODP stating that the ODP intends to coordinate its drainage mater planning and development with these existing facilities and adjoining properties. 11/20/2000 9:21 AM[sjl]F:OFFICE/Firestone/AnnexationNeighborszone.ord 5 Dunn o-F Fu-czr6wo -- PO isor- , [00 1 . �1ub�15�1ed -7 ORDINANCE NO. 7 AN ORDINANCE AMENDING CHAPTER 15.40 OF THE FIRESTONE MUNICIPAL CODE AND THE FIRESTONE DEVELOPMENT REGULATIONS_ TO CLARIFY TOWN STANDARDS FOR FENCING. WHEREAS, the Board of Trustees desires to make certain amendments to Chapter 15.40 of the Firestone Municipal Code and to the Firestone Development Regulations to clarify and codify certain Town standards for fencing. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.40.070 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined): 15.40.070._ Height limitation. Except as hereinabove set forth, fences shall be permitted that do not exceed six feet in height as measured from the finished surface of the ground to the top of the fence at M point along the exterior of the fence. Section 2. Chapter 15.40 of the Firestone Municipal Code is hereby amended by the addition of new Section 15.40.090 to read as follows: 15.40.090. Fence Defined. For purposes of this Chapter, a "fence" is any structure or combination of structures that is comprised of posts, boards, wires, stakes, rails, metal, masonry, composition or wood, or any combination thereof or of similar elements, that provides a physical barrier, enclosure, screen, or boundary. A combination of structural features, such as a retaining wall with wood above, constitutes a single fence. Section 3. The definition of "fence" in Exhibit A of the Firestone Development Regulations is hereby amended to read as follows (words added are underlined; words deleted are sly): Fence Any structure or combination of structures that is comprised of posts, boards, wires, stakes, rails, metal, masonry, composition or wood, or any combination thereof or of similar elements, that provides a physical barrier, enclosure, screen or boundary. A combination of structural features, such as a retaining wall with wood above, constitutes, a sin le fence. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one .part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED,. READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �� day of noyemb r _, 2000. 01NN`' Attest: SEAatirt (AIA55-e 420 U N Sli'�O Cheri Andersen Town Clerk 11114/200014:21 PM[sj l]F:IOFFICE1Fi restonelOrdlFencing 2 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Pop_ 11-17-oa ORDINANCE NO.� AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO PROVIDE PROCEDURES FOR THE WITHDRAWAL OF INITIATIVE AND REFERENDUM PETITIONS AND REGARDING TITLES FOR INITIATIVES, REFERENDA AND REFERRED MEASURES. WHEREAS, pursuant to Article V, Section 1 of the Colorado Constitution, the initiative and referendum powers are reserved to the registered electors of the Town as to all local, special, and municipal legislation of every character in or for the Town; and WHEREAS, pursuant to Article V, Section I of the Colorado Constitution, the manner of exercising such powers shall be prescribed by general laws, except that cities, towns, and municipalities may provide for the manner of exercising such powers as to their municipal legislation; and WHEREAS, pursuant to C.R.S. section 31-11-111, the Board of Trustees may, without receipt of an initiative or referendum petition, submit any proposed ordinance or resolution or any question to a vote of the registered electors of the Town; and WHEREAS, pursuant to C.R.S. section 31-11-111, ballot titles for initiatives, referenda and referred measures are to be fixed by the Board of Trustees or its designee; and WHEREAS, pursuant to C.R.S. section 31-11-111, protests concerning ballot titles for initiatives, referenda and referred measures shall be conducted as provided by local ordinance or resolution; and WHEREAS, the Town desires to enact provisions regarding the withdrawal of initiative and referendum petitions, and regarding ballot titles; and WHEREAS, such provisions are intended to clarify the manner in which the rights of initiative and referendum are exercised, and are not intended to diminish or infringe upon the free exercise of such rights. NOW THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title I of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 1.10 to read as follows: Chapter 1.10 Initiative, Referendum, and Referred Measures Sections: Sec. 1,10.010. Initiative Sec. 1.10.020. Referendum Sec. 1.10.030. Referred Measures Sec. 1.10.040. Ballot Titles 1.10.010 Initiative. A. Any proposed ordinance may be submitted to the board of trustees upon petition of registered electors pursuant to the requirements and procedures set forth in C.R.S. section 31-11-101 et seq., and subject to subsection(9) of section 1 of article V of the Colorado Constitution. B. The persons designated pursuant to C.R.S. section 31-11-106(2) as representatives of the proponents of an initiative petition may withdraw the petition from consideration as a ballot issue by filing a letter with the town clerk requesting that the petition not be placed on the ballot. The letter shall be signed and acknowledged by both designated representatives before an officer authorized to take acknowledgments. The letter shall be filed with the town clerk no later than. one day prior to the effective date of the ordinance or resolution submitting the petition to a vote of the registered electors. 1.10.020 Referendum. A. Any proposed ordinance passed by the legislative body of the town may be subjected to the right of the referendum upon petition of registered electors pursuant to the requirements and procedures set forth in C.R.S. section 31-11-101 et M. and subject to subsection(9) of section 1 of article V of the Colorado Constitution, B. The persons designated pursuant to C.R.S. section 31-11-106(2) as representatives of the proponents of a referendum petition may withdraw the petition from consideration as a ballot issue by filing a letter with the town clerk requesting that the petition not be placed on the ballot. The letter shall be signed and acknowledged by both designated representatives before an officer authorized to trice acknowledgments. The letter shall be filed with the town clerk no later than one day prior to the effective date of the ordinance or resolution submitting the petition to a vote of the registered electors. 1.10.030 Referred Measures. The board of trustees of the town may, without receipt of any petition, submit any proposed or adopted ordinance or resolution or any question to a vote of the registered electors of the town pursuant to C.R.S. section 31-11-111(2). 1.10.040 Ballot Titles. A. The ballot title for an initiated or referred measure shall be fixed by the board of trustees or its designee, as determined by board of trustees resolution. The board of trustees shall fix the ballot title for any measure referred by the board of trustees without receipt of a petition. The board of trustees or its designee may obtain the assistance of the town administrator, tovun clerk, and town attorney in the fixing of any ballot title. B. In fixing a ballot title, the board of trustees or its designee shall follow the requirements of C.R. S . section 31-11-111 and any other applicable law. The board of trustees or its designee shall fix the ballot title at a public meeting and by a majority vote of those present constituting a quorum. 2 C. Any person presenting an initiative or referendum petition or any registered elector of the town who is not satisfied with the ballot title for a initiative, referendum or referred measure as fixed by the board of trustees or its designee, and who claims that the ballot title does not conform to the criteria of state law, may file with the town clerk within forty-eight hours after the title is fixed a motion for a rehearing on the ballot title. The Mayor shall set a date and time for the hearing. The rehearing shall be held before the body that fixed the ballot title within 10 days after the motion for rehearing is filed, except that if the ballot title was fixed by board of trustees, the rehearing shall be held before board of trustees no later than the next regularly scheduled meeting of the board of trustees. D. Written notice of the rehearing on the ballot title shall be hand delivered to the person filing the motion and, if applicable, to the persons designated in the initiative or referendum petition as representing the proponents thereof. If notice . by hand delivery cannot be effected, then notice shall be provided by mailing to such addresses as are set forth in the motion and, if applicable, the initiative or referendum petition. Notice shall be deemed effective upon hand delivery or, if mailed, upon mailing to the addresses set forth in the motion and, if applicable, the. initiative or referendum petition. At least twenty- four hours prior to the hearing, the person filing the motion shall file with the town clerk a written statement describing how the title fixed does not comply with applicable legal requirements and suggesting alternative wording. After the rehearing, the body that fixed the ballot title may affirm or modify the title previously fixed. . Section 2. If any portion of this ordinance. is held to be invalid for any reason, such decisions shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED this day of `c`?UeMbcir , 2000. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 9 J :.pow �•.. Attest: . SEA L. O�e-nl. Ajelrsl�-,O c�UNTY,G� Cheri Andersen Town Clerk 11/20/2000 9:26 Avl[sjl]F.OFFICEIFirestone\OrdlInitiativeProcedures i* pub, is-g=co ORDINANCE NO. "45 TOWN OF FIRESTONE, COLORADO AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2001 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 7, 2000, and; WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to the total proposed expenditures as set forth in said budget, and; WHEREAS, it is required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, to each fund, for the purposes stated: I . General Fund Total General Fund $ 1,780,385 Park Fund Total Park Fund $383,647 Conservation'Trust Fund Total Conservation Trust Fund $ 0 Street and Highway Fund Total Street and Highway Fund $ 239,420 Water Fund Total Water Fund $20,883,347 Capital Improvement Fund Total Improvement Fund $ 776,500 Debt Service Fund • . Total Debt Service Fund $____61,750 APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS SEVENTH DAY OF DECEMBER, 2000. ATTEST: L�o Town Cleric ir Mayor ORDINANCE NO. AN ORDINANCE REGARDING OPTIONAL PREMISES LIQUOR LICENSES WITHIN THE TOWN OF FIRESTONE. WHEREAS, pursuant to state statute, the Board of Trustees may provide for optional premises licenses to allow sales of alcohol at related outdoor sports and recreational facilities for the convenience of the licensee's guests or the general public, in accordance with the provisions of the state liquor code and Town ordinances; and WHEREAS, the Board of Trustees desires to provide such a procedure pursuant to odinance and WHEREAS, C.R.S. § 12-47-310 requires the Board of Trustees to adopt specific standards for the issuance of such optional premises licenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 5.08 of the Firestone Municipal Code is hereby amended by the addition of a Section 5.08.080 to read as follows: 5.08.080. Optional Premises Licenses. A. The following standards for the issuance of optional premises licenses or for optional premises for hotel and restaurant licenses are hereby adopted pursuant to the provisions of C.R.S. § 12-47-310, as amended. The standards set forth in this Section shall be considered in addition to all other standards applicable to the issuance of licenses under the state liquor code for an optional premises license or for optional premises for a hotel and restaurant license. These two types of licenses for optional premises will collectively be referred to as "optional premises" in these standards unless otherwise provided. B. An optional premises may only be approved when that premises is located on or adjacent to an outdoor sperts and recreational facility as defined in C.R.S. § 12-47-103(22). The types of outdoor sports and recreational facilities that may be considered for an optional premises license are as follows: 1. Country clubs; 2. Golf courses and driving ranges; 1 3. Swimming pools. C. There are no restrictions on the minimum size of the outdoor sports and recreational facilities that may be eligible for the approval of an optional premises license. However, the local licensing authority may consider the size of the particular outdoor sports or recreational facility in relationship to the number of optional premises requested for the facility, and in relationship to control of the premises and ease of enforcement. D. There are no restrictions on the number of optional premises that any one licensee may have on his outdoor sports or recreational facility. However, any applicant requesting approval of more than one optional premises shall demonstrate the need for each optional premises in relationship to the outdoor sports or recreational facility and its guests. E. When submitting a request for the approval of an optional premises, an applicant shall also submit the following information: 1. A scaled map or other drawing illustrating all of the outdoor sports or recreation facility boundaries and the approximate location of each optional premises requested; 2. A legal description of the area within which the optional premises shall be located; 3. A description of the method which shall be used to identify the boundaries of the optional premises when it is in use; 4. A description of the provisions that have been made for storing alcohol beverages in a secured area on or off the optional premises for the future use on the optional premises; and 5. A description of the manner in which alcohol beverages will be sold and distributed to guests and/or the public. F. Pursuant to C.R.S. § 12-47-310, as amended, no alcoholic beverages may be served on the optional premises until the licensee has provided written notice 2 to the state and local licensing authorities 48 hours prior to serving alcoholic beverages on the optional premises. Such notice must contain the specific days and hours on which the optional premises are to be used. In this regard, there is no limitation on the number of days that a licensee may specify in each notice. However, no notice may specify any date of use which is more than 180 days from the notice date. G. The local licensing authority in its discretion may impose conditions or restrictions upon an optional premises license in furtherance of the public health, safety and welfare, including but not limited to conditions and restrictions to ensure control of the optional premises and proper enforcement of liquor laws. Conditions and restrictions may be imposed at the time of initial licensing or as part of any application or disciplinary proceeding. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 4. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this J day of �anoa , 2001. 3 } Attest: Cheri Anderson Town Cle_k 11101/18:291kmk]FS\OFFICE\Fire5tone\Ord% Optiona I Prem. doc TOWN OF FIRESTONE, COLORADO ca"c" 0�* [; �, Oaf Mayor -- N( ern I 11111111111 11111t 111111111111111111 2857767 06/1512001 11:01A dA Suki Tsukamoto 1 of 3 R 15.00 0 0.00 Weld County 00 ORDINANCE NO. F AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE BROOKS FARM FIRST ADDITION ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Brooks Farm First Addition Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone;�and WHEREAS, pursuant to Sections 31-12-108 to -11.0, C.R.S., the Board of Trustees on December 14, 2000, held a duly' -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published November 8, 15, 22, and 29, in the har ier &11Ziuer; an3 WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is c-ligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Seetion 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Brooks Farm First Addition Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of V ar 1 , 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor \STaN . k.;�pWN •; . Attest: e • 0 �UNV Cheri Andersen Town Clerk IN • ,iA Suki TsukamOt4 2857767 0611512001 11.01A 2 of 3 R 15A0 Weld County Cf) � I (IIIII IIIII IIIIIII III IIIIIII III 1114111 III IIIII (III III 2857767 06/15/2001 11:01A JA Suki Tsukamoto 3 of 3 R 15.00 0 0.00 Weld County CO EXHIBIT A LEGAL DESCRIPTION ` Proposed 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" 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 149 V19" West 982.60 feet to a paint 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; 1/23/2001 11:26 AM[bt]F:OFFICUirestonelOrdinancelBrooksFarmlannex.ord V The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 8052O IIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII! 2857768 06/15/2001 11:01A JA Suki Tsukamoto of S R 15.00 D 0.00 Weld County CO ORDINANCE NO. I AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE BROOKS FARM SECOND ADDITION ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Brooks Farm Second Addition Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on December 14, 2000, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice,of the hearing was published November 8, 15, 22, and 29, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is --ligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Brooks Farm Second Addition Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. r Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this S day of �] ctrw r , 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor _7ht �• i'i • . Attest: Cheri Andersen Town Clerk IIIIII Hill IIIIIII 11111111111111111111111111.11111111 2857768 06/15/2001 11:01A JA Suki Tsukamoto 2 of 3 B 15.00 O 0„00 Weld County CO r d 1111 IN ., 2857768 06/15/2001 11.01A JA Suki Tsukamoto 3_of 3 R 15.00 0 0.00 Weld County CO EXHIBIT A LEGAL DESCRIPTION Proposed Brooks Farms 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 6tb 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 Sout1 149 V19" West 982.60 feet to a point on the South line of the Northwest Quarter of said Sectior_ 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 00022'35" 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 •)0°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 1,301.07 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. 1/23/2001 11:26 AM[bt]F:OFFICE/Firestonel0rdinanceBrooksFarm2annex.ord The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 I 28577 IIII 69 .06/15/2001 11:01A JA Suki Tsu N . 1 of 5 R 25.00 D 0.00 Weld County CO kamoto ORDINANCE NO.14(Q� -- - 1P 7 p + AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF - / FIRESTONE AND KNOWN AS THE BROOKS FARM FIRST ADDITION AND BROOKS FARM SECOND ADDITION WHEREAS, two petitions for annexation of property described in Exhibit A, attached hereto and made a part hereof, and known as the Brooks Farm First Addition Annexation and the Brooks Farm Second Addition Annexation, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinances adopted by the Board of Trustees; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned -Unit Development (PUD), Residential -A (R-A) zoning classification and has submitted an Outline Development Plan in connection. with the zoning request; and WHEREAS, the PUD R-A zoning classification is consistent with the Town's plan for the area encompassed by the Brooks Farm First Addition and Second Addition Annexations; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Brooks Farm First Addition Annexation to the Town of Firestone and the Brooks Farm Second Addition Annexation to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Residential -A (PUD R-A) pursuant to the zoning ordinances of the Town and in accordance with the Brooks Farm PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file . with the Town, and the Town zoning map shall be amended accordingly. 4285!7769III0II61I1I5I2I1I I0I 01I01II.-I01A IIJIA IlSullunlkii lTIsIIu- klk!o 5R .Wld tyGa IIII IIII Section 2.- The Board'of Trustees hereby approves the PUD,Outline Development Plan for the Brooks Farm First Addition Annexation and the Brooks Farm Second Addition Annexation property subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thi 5� ay of '-- �110 ou-y 2001, TOWN OF FIRESTONE, COLORADO Rick Patterson 0 Mayor Attest. Cheri Andersen Town Clerk IlIIIIIIIIIIIIIlIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2857769 06/15/2001 11:01A JA Suki Tsukamoto 3 of 5 R 25.00 U D.00 Weld. County CU EXHIBIT A - LEGAL DESCRIPTION: Proposed 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 61h 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' 1 I' 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 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`h 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'l9" 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°22'3 5" 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' 1TO1" East 1301.07 feet; thence departing said Northerly right-of-way line and along ,V 1 IIIIII IIIII IIIIIII III IIIIlII III IIIIIII 111111111111 IN 2857769 06/15/2001 11:01A JA Suki Tsukamoto 4 of 5 R 25.00 D 0.00 Weld County Ca J the Northerly prolongation of the East line of said Lot B South 01 ° 14'S9" West 30.00 feet to the Northeast Corner of said Lot B; thence continuing along said East line South 01 ° 14'S9" West 2701.16 feet to the TRUE POINT OF BEGINNING. The above described tract of land contains 76.446 acres more or less. 4 .L 1,4��III I�II� IIIIIII III II'll�ll III IIIIIII III �IIII III /III 2857769 06115/2001 1' :01A JA Suki Tsukamoto 5 of 5 R 25.00 n 0.00 Weld County CO EXHIBIT B Brooks Farm Annexation Conditions of Approval Initial Zoning/ODP ODP 1) In the Density section, include entire acreage, as all property must be zoned, pursuant to the Town's zoning. ordinance. 2) Modify the Land Use Table section to assure that "existing" residences are included in the plan. 3) In the second paragraph of the Park Development section, replace "dedication" with "area". 4) In the third paragraph of the Park Development section, change "will" to "may". 5) At the end of the third paragraph of the Park Development section, insert "as maybe determined by the Town." 6) Complete land use table on Sheet 6. Other 7) The County et al, will need to formally concur on a change in the Firestone Urban Growth Area Boundary as defined by the Intergovernmental Agreement Between Firestone and Weld County, et al. Formal consents by all parties to the IGA shall be in place prior to recording of the annexation and zoning documents. S) Provide complete copy of updated title commitment for the property prior to recording. 9) Ownership information on all annexation and ODP documents shall be revised as necessary to reflect current ownership of record. 1/23/2001 1 L19 AM[ST]F:OFFICE/Firestone/OrdinanceBrooksFarmzone.ord 5 . The Town of Firestone 151 Grant Avenue P.O.- Box 100 Firestone, CO 8.0520 ORDINANCE NO. H AN ORDINANCE APPROPRIATING ADDITIONAL SUMS OF MONEY TO DEFRAY EXPENSES IN EXCESS OF AMOUNTS BUDGETED FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2000 BUDGET YEAR. WHEREAS, the Town of Firestone has received additional sums of money from use tax, building permits fees, park development fees, water tap -fees, regional impact fees, infrastructure dedications, and raw water dedications; and WHEREAS, the Town desires to appropriate portions of those funds in addition to the original appropriation amounts, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2000 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the General Fund is hereby increased from S990,329 to $2,556,375 for unexpected building inspection fees, infrastructure dedications, and capital improvements. Section 2. That the 2000 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Water Fund is hereby increased from $4,423,525 to $15,000,000 for unexpected water tap fees and raw water dedications. Section 3, That the 2000 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Conservation Trust Fund is hereby increased from $0 to $8,728 for unexpected expenses to the Firestone Trail, Section 4. That the 2000 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Highway Fund is hereby increased from $192,972 to $3,517,760 for unexpected dedications of infrastructure improvements. APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS TWENTY FIFTH DAY OF JANUARY, 2000. STONE • ATTEST: • A f Cheri Andersen, Town Clerk F,ick Patterson, Mayor 110 ORDINANCE N0. P AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO REVISE THE RAW WATER DEDICATION REQUIREMENT FOR DUPLEXES AND MULTIFAMILY DWELLING UNITS. WHEREAS, the Board of Trustees has determined. that it is appropriate to revise the raw water dedication requirement for duplexes and multifamily dwelling units to be constructed within the Town; and WHEREAS, the Town is authorized by state law, including but not limited to C.R.S. ,§31- 15-708 and C.R.S. §31-35-101 et seq. to regulate the use of the Town water system and establish the requirements for use of such system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sertion 1. Subsection A of Section 1.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are ): A. Residential. 1. The landowner, its his orher successors or assigns in interest, shall dedicate to the town.one acre-foot unit of Colorado Big Thorn ("") water for every living unit in a single-family dwelling, U, upfCA 01 tr iplcx. 2. The landowner, its his or her successors or assigns in interest, shall dedicate to the town one-half acre-foot aunt of = water for each every living unit in a d»n,TTfourplex or larger h►„�lrl used for multifamily r3we�llingfi residential Unit. 1 The landowner, its successors or assigns in interest,sbalI dedicate to the tomm 2.5 ac e-foot linits of CBT water for eyeEV acre of irrigated residential development_ 4- Tn the event multifamily dwelling iinits are proposed to h served by a single meter rather than-individijal meters, the town may reouire that the owner, its successors or as igrts in interest, convey to the town additional water in the -event actual water use from the single. meter exceeds the amount dedicated to -the town at the time of development. The town in its sole discretion shall determine when single meters may he used for multifamily dwelling unit developments_ '5-a. Title to the required water rights, free and clear of liens and encumbrances, shall be deliverable to the town at the time of final subdivision platting of any residential area in the annexation. No subdivision plat shall receive final approval unit the town becomes title owner of all water required for the platted area. 9petion_2. Subsection B of Section 13.08.010 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are ): B. In addition to the charges set forth in subsection. A of this section, there shall be transferred to the town at flic titne of paymmit of said charge S the following: 1. One acre-foot unit share of Colorado 'Big TbDnlp&on " ") water for each stele -family dwelling, and one-half acre-foot unit of CBT 3yger for each living unit in a duplex, triDlax, fourplex or 12rger building 11,Wd for multifamily dwPllinu� ; .12- Two and one-half acre-foot iinjig of CRT water for eyen�nrre of irrigated landscape area to he served by the to water system and located within a residential deyelopment_ 32. Three acre-foot units shares of " water for each acre or portion of an acre of commercial or industrial development; or 45. In the sole, and absolute discretion of the hnard of trustees_ and ifn lieu of acre-foot units shares set forth in paragraphs 1 and 2, above, an amount equivalent to one hundred ten percent 'of the then -current purchase price of such units shares as determined by the town. The town shall set these funds aside for the future purchase of acre-foot units shares of MBT ' water. S. The transfer required by this subsection B shall he made ,affidivisinn plat is required,:then such water Rball e defiverabie at the time n building -permit and shall be transferred to the to prior to the issuance of a building permit All water transferred hereunder shall he free and clear of liens and �z encumbrances_ Section 3. The dedication requirements set. forth herein shall apply on and after May 4, 2001. Nothing herein shall be construed to require any transfer of water rights previously transferred to the Town. Section 4- If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Setilinn 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Serinn 6. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in 2 whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Q-day of , 2001. 4`piNN' Attest: ' e � ` •s ' VIL�ii C�UNN ,G Cheri Andersen Town Clerk 3/26/2001 10:38 AM[sjl]F:1Office\Firesto-ie\Ord\WaterDedication TOWN OF FIRESTONE, COLORADO Butch alb Mayorto Tem 3 ORDINANCE NO.467 AN ORDINANCE ADOPTING A SIGN CODE FOR THE TOWN OF FIRESTONE AND INCORPORATING SUCH CODE INTO TITLE 17 OF THE FIRESTONE MUNICIPAL CODE AND THE FIRESTONE DEVELOPMENT REGULATIONS WHEREAS, pursuant to state law, including but not limited C.R.S. §31-23-301 et seq., the Town is authorized to regulate signs within the Town; and WHEREAS, the Board of Trustees desires to adopt a comprehensive sign code for the Town which sets forth standards for signs. and procedures and criteria for the issuance of sign permits for the location of signs within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 17 of the Firestone Municipal Code is hereby amended to add a new Chapter 17.30, to read as follows: Chapter 17.30 SIGN PERMITS Sections: 17.30.010 Sign Permits -Authority and Purpose 17.30.020 Sign Permit Required 17.30.030 Application Filing 17.30.040 Zoning Administrator Review and Action 17.30.050 Approval Criteria 17.30.060 Effect of Approval/Lapse 17.30.070 Revocable Permits Required 17.30,080 Application Filing 17.30.090 Review and Action 17.30.100 Town Board Review and Action 17.30.110 Approval Criteria 17.30.010 Sign Permits — Authority and Purpose. Pursuant to authority found in the laws of the state of Colorado, the following sign permit regulations are adopted for the purpose of promoting the health, safety, morals and general welfare of the town. 17.30.020 Sign Permit Re uired. A. Prior to the erection or installation of any sign allowed by Chapter 17.31 of this Code, including temporary signs, but not including exempt signs under section 17.31.030, a Sign Permit shall be obtained pursuant to this Chapter. It shall be unlawful to erect or install any sign without having first obtain a permit pursuant to this Chapter. L. T rr B. Sign Permits shall also be required for sign programs specified in an approved Final Development Plan for centers, regional centers, or large-scale single users, such program to include signs as allowed by section 17.31.040 (Sign Schedule) of this Code or as may be approved in a Final Development Plan, It shall be unlawful to erect or install any sign authorized under a Final Development Plan sign program without having first obtain a permit pursuant to this Chapter. 17.30.030 Application Filing. An application for a Sign Permit shall be filed with the Zoning Administrator. The Zoning Administrator shall review the application for completeness in accordance with information required on the Sign Permit Application Form as set forth in the Firestone ,Development Regulations. The application shall be deemed complete when the application form is completed and all required fees have been paid. 17.30.040 Zoning Administrator Review and Action. The Zoning Administrator shall review the Sign Permit application in light of the Approval Criteria of section 17.30.050. Based on the results of the review, the Zoning Administrator shall take final action on the Sign Permit application and either approve, approve with conditions, or deny such application. The Zoning Administrator shall act upon a request for a Sign Permit within seven (7) days of submittal of a Complete Application. 17.30.050 Approval Criteria. A Sign Permit application shall. comply with the following criteria: A. The proposed sign complies with the applicable standards set forth in this Code, or as approved in a Final Development Plan, and the Building Code of the Town of Firestone. In cases where there is a conflict between section 17.31.030 (Sign Schedule) of this Code and the Final Development Plan, the Final Development Plan shall control. B. In cases where there is a conflict with Chapter 17.31 and the sign standards set forth in section 17.50.020 of this Code which regulate signage for 'Sexually Oriented Businesses, the more restrictive standards shall control and apply. 17.30.060 Effect of Approval/Lapse. A Sign Permit shall lapse and have no further effect unless a sign has been erected in compliance with the terms and conditions of the permit within one (1) year after the date of the Sign Permit approval.' 17.30.070 Revocable Permits Required. A Revocable Permit shall be required whenever a person seeks to erect a sign on public property or within a public right-of-way. 17.30.080 Application Filing. An application for a Revocable Permit shall be filed with the Zoning Administrator. The Zoning Administrator shall review the application for completeness in accordance with information required on the Revocable Permit Application Form as set forth in the Firestone Development Regulations. The application shall be deemed complete when the application form is completed and all required fees have been paid. 2 17.30.090 Review and Action. A. The Zoning Administrator shall review each proposed Revocable Permit application in light of the Approval Criteria stated below and shall distribute the application to the Town Engineer for review and approval, and, as deemed necessary, shall distribute the application for review by other Town staff. B. Based on the results of those reviews, the Zoning Administrator shall take action to approve, approve with conditions, or deny the Revocable Permit application in light of the Approval Criteria. The Zoning Administrator shall complete the review and take action within sixty (60) days of receipt of a Complete Application. C. If the Revocable Permit application is approved, the Zoning Administrator shall forward it to the Town Board for its consideration and acceptance based on the criteria noted below. 17.30.100 Town Board Review and Action. The Zoning Administrator shall forward an approved Revocable Permit application to the Town Board of Trustees, who shall take final action to accept or reject the application. 17.30.110. Approval Criteria. An application for a Revocable Permit may be approved if it complies with the following criteria: A. The Applicant agrees to the terms of a Revocable Permit Agreement, including any provisions that indemnifies the Town and hold the Town harmless from future damages or liability claims. B. The proposed structure complies with all applicable use, development, and design standards set forth in this Code. C. The proposed structure shall not interfere with street intersection visibility, .or in any other way, adversely affect the public health, safety, or welfare. D. The proposed structure has been approved by the Town Engineer based on the Engineer's review of the proposal under all Town ordinances, resolutions, rules, regulations and policies governing the use of public property and public rights -of -way. Section 2. Chapter 17 of the Firestone Municipal Code is hereby amended to add a new Chapter 17.31, to read as follows: Chapter 17.31 SIGN STANDARDS Sections: 17.31.010 Authority, Purpose and Relation to Other Laws 17.31.020 Intent 17.31.030 Signs Allowed Without a Permit 17.31.040 Sign Schedule 17.31.050 Exceptions and Additional Criteria 17.31.060 Informational Signs K 17.31.070 Changeable Copy Signs 17.31.080 Temporary Signs 17.31.090 Portable Signs 17,31.100 Prohibited Signs 17.31.110 Sign Measurement, Removal, and Alteration 17.31.120 Minor Modifications to Sign Standards 17.31.130 Maintenance and Upkeep of Signs 17.31.140 Nonconforming Signs 17.31.010 Authority, Purpose and Relation to Other Laws. The sign standards set forth in this Chapter are intended to and shall apply to the all Standard Zoning Districts established in Chapter 17.12 of this Title, and to all Planned Unit Development Zone and Overlay Zone Districts, within the Town of Firestone. If these standards vary with those set forth in the Firestone Development Regulations or with the sign standards set forth in section 17.50.020 of this Code, which regulate Sexually Oriented Businesses, the more restrictive standards shall control and apply. 17.31.020 Intent. The intent of these standards is to coordinate the type, placement and physical dimensions of signs within the Standard Zoning Districts and PUD Zoning Districts within the Town. It is also the intent of these regulations to: A. Recognize the commercial communication requirements of all sectors of the business community; B. Encourage the innovative use of design; C, Promote both renovation and proper maintenance; D. Allow for special circumstances; E. Guarantee equal treatment through accurate record keeping and uniform. enforcement; F. Encourage signs that are attractive and compatible with the adjacent property, G. Encourage signs that will preserve and enhance property values within the community; H. Provide for the public's safety; I. Preserve the environmental character of the community; and prevent overload of visual stimuli, and J. Promote safe visual perception of signs from a moving vehicle. .17.31.030 Signs Allowed Without a Permit. • Generally, the following types of signs are allowed in all Standard Zoning Districts and PUD Zone Districts as long as they meet the requirements of this section of the Code and do not require the issuance of a building permit. All signs not listed in this section require a permit pursuant to Chapter 17.30 (Sign Permits). A. Official Flags. Up to three official flags of any government, governmental agency, or non-profit agency, provided that the following restrictions are met: 4 f ` i 1. for residential uses, the height of the pole on which the flag is mounted does not exceed the height of the, principal structure on the lot or the distance from the flagpole to the lot line, whichever is less; 2. for commercial, employment, office, and other non-residential uses, the height of the pole on which. the flag is mounted does not exceed the height of the principal structure on the lot or 40 feet, whichever is less, unless otherwise approved as part of a final development plan; 3. the vertical dimension of the flag. is no more than 115 of the height of the flagpole (i.e., if the height of the flagpole is 20 feet, the vertical dimension of the flag cannot exceed 4 feet);. 4. the size of the flag does not exceed 20 square feet; and 5. the location of the flagpole is set back a distance from a property line, equal to its height. B. Other Flags. One flag in addition to permitted official flags, provided that the following restrictions are met: 1. for residential uses, the height of the pole on which the flag is mounted does not exceed the height of the principal structure on the lot or the distance from the flagpole to the lot line, whichever is less; 2. for commercial, employment, office, and other non-residential uses, the height of the pole on which the flag is mounted does not exceed the height of the principal structure on the lot or 40 feet, whichever is less, unless otherwise approved as part of a final development plan; 3. the vertical dimension of the flag is no more than 115 of the height of the flagpole (i.e., if the height of the flagpole is 20 feet, the vertical dimension of the flag cannot exceed 4 feet); 4. the size of the flag does not exceed 20 square feet; and 5. the location of the flagpole is set back a distance from a property line, equal to its height. C. Large Special Event Banners. Up to two large special event banners may be suspended from the sides of a building housing a permitted Community Services use (events center, assembly hall, or cultural facility), provided that: 1. Each such banner shall relate to a public event; 2. Each such banner shall be removed no later than one week after the event to which it relates ends, and 3. The maximum size of any such banner shall be 200 sq. ft. D. Small Special Event and other Small Special Banners. In commercial areas and in the vicinity of Town Hall or public park areas, in connection with ongoing seasonal public events such as Fiesta Days or similar event, any number of small banners may be suspended from light poles, utility poles, or building mounted fixtures, provided that: 1. Each such banner shall relate to a public event or shall identify a specific neighborhood located within the Town; 2. When related to one-time or special events, each such banner shall be removed no later than one week after the event to which it relates ends; 3. No more than two such banners may be suspended from any one pole' or fixture; and y 4. The maximum size of any such banner shall be 6 square feet. E. Public Signs. Signs erected by any governmental agency including, but not limited to Federal, State, County and Town Governments, School and Recreation Districts, but not including private water companies. F. Public Warning Signs. Any number of protective, warning, or traffic signs erected by a governmental agency. G. Interior Signs. Any number of signs that are located within any structure and are not visible from adjacent properties or from the public streets. H. Historical Signs. Any number of historical commemorative plaques, memorials, or tables that are (1) built into a building or mounted flat against the wall of a building, that contain the name of that building, the date of erection and use of the building, or (2) erected in any particular locations designated by the Town as having historical significance. I. _Real Estate Signs. One freestanding or wall mounted sign per street frontage that advertises the sale, rental or lease of the property on which the sign is located. In commercial zoning districts, this sign shall not be larger than 20 square feet in total area. In residential zone districts, this sign shall not exceed 5 square feet in total area. Traffic visibility requirements shall be met in all cases. J. Address and Building Identification Signs. Signs that include a letter, number, word or address used to identify a particular parcel of land, individual building, or buildings located in a business, industrial or residential building complex, or center, for purposes of information and nor for advertising, and including an individual house address sign, provided that such signs: 1. Are attached to the building identified; 2. Are limited to two per building; 3. Are not more than five square feet in total area for each sign; and 4. Such signs may be illuminated. K. Permanent Window Signs. Permanent window signs may occupy up to 10 percent of the total window area of each establishment in commercial zoning districts. Such signs may be illuminated during the times the establishment is in operation. L. Temporary Window Signs. Temporary window signs may occupy up to 70 percent of the total window area in the commercial zoning districts for no more than two periods of not more than four consecutive days each (a total of eight days) in any calendar month. M. Temporary Wall Signs. The following types of temporary wall signs may be erected in any zoning district for no more than two periods of not more than four consecutive days each (a total of eight days) in any calendar month, subject to the following conditions: 1. No more than one temporary wall sign is allowed: 2. Each sign shall be mounted on a wall of the building in -which is business, organization, or individual applying to which the sign refers; 3. Each sign shall have a maximum area of 40 sq. ft., and 4. No sign listed as a Prohibited Sign in section 17.31.100 shall be permitted, even on a temporary basis. 5. FAA licensed hot air balloons and air -filled facsimiles, and other special advertising devices that meet the definition of "sign" in this Code, provided that: a. The device may not be used for more than two periods of not more than four consecutive days each (a total of eight days) in any calendar month, and b. All other Town code and ordinance requirements must be met. N. Temporary Freestanding Sidewalk Signs. In commercial zoning districts, temporary free-standing signs shall be permitted to be placed on the sidewalks in front of commercial and retail uses, provided that: 1. The maximum of each side of each such sign shall be 6 sq. ft; 2. No. such freestanding sidewalk sign shall be placed within 25 feet of another temporary freestanding sidewalk sign; 3. Each such sign shall be maintained in good condition and repair, so that it does not create a hazard to pedestrians or their clothing or luggage; and 4. No such sign shall be anchored to, or cause damage to, the sidewalk surface or other elements of the public -right-of-way.. Each such sign may be placed on the sidewalk only during the business hours of the business to which it relates, shall not impede pedestrian movement, and must be removed Immediately upon the request of any Town official who determines that it is in violation of this Code or unsafe. .0. Election/Campaign Signs. Any number of election/campaign signs that are located on private property and provided that: 1. The size and location of those signs do not create a hazard for automobile or pedestrian traffic or a public nuisance, and 2. All such signs are removed within one week after the election to which they relate. 17.31.040 Sign Schedule. The number, types and sizes of signs set forth in the Sign Schedule are allowed in a Standard Zoning District or PUD Zoning District for the permitted uses indicated in the following table, unless otherwise approved in a Final Development Plan. Each sign shall also comply with the Exceptions and Additional Criteria listed in section 17.31.050 (unless otherwise approved in a Final Development Plan) and with the structural requirements set forth in the Town of Firestone Uniform Building Code. A. Agriculture, Open Space, Conservation and Community Separator: Bed & Breakfast 1 Wall mounted sign parallel or perpendicular to the building wall or freestanding sign with min. 10-ft. setback; max. 2-sq. ft.; max. height 8 ft. Conditional Use Sign 1 Wall mounted sign or freestanding sign with min 10 ft. setback; max. area 20 sq., max. height 6 ft., lighting permitted. Home Occupation Sign 1 Wall sign; max. area 1 sq. A., max. height 8 ft., no lighting B. Residential: Single -Family Land Use: Bed & Breakfast Wall mounted sign parallel or perpendicular to the building wall or freestanding sign with min. 10-ft. setback; max. 2-sq. ft.; max. height 8 ft. Church Sign 7 1 'Freestanding sign with min. 10 ft. setback; may have changeable copy related to church operations only; max. area 32 sq. ft.; max. height. 6 ft.; lighting permitted. 1 Wall sign; max area 30 sq. ft. plus 1 sq. ft. per lineal foot of building frontage (not to exceed 100 sq. ft.); max. height 1. ft. below roofline, lighting permitted. Conditional Use Sign 1 "Wall mounted sign or freestanding sign with min 10 ft. setback; max. area 32 sq., max. height 6 ft., lighting permitted. Home Occupation Sign 1 "Wall sign; max. area 1 s ft, max. height 8 ft., no lighting " C. Residential: Multi -Family: Bed & Breakfast 1 Wall mounted sign parallel or perpendicular to the building wall or freestanding sign with min. 10-ft. setback; max. 2-sq. ft.; max. height 8 ft. Church Sign 1 Freestanding sign with min. 10 ft. setback; may have changeable copy related to church operations only; max. area 32 sq. ft.; max. height. 6 ft.; lighting permitted. 1 Wall sign; max area 30 sq. ft. plus 1 sq. ft. per lineal foot of building frontage (not to exceed 100 sq. ft.); max. height 1 ft. below roofline, lighting permitted. Conditional Use Sign 1 Wall mounted sign or freestanding sign with min 10 ft. setback; max. area 32 sq., max. height 6 ft., lighting permitted. Informational Sign (relating to principal permitted used 2 Freestanding sign with min. 10 ft. setback or wall sign; max. area 5 sq. ft.; max. relating to a principal height 6 ft.; 'lightirig permitted: Hume Occupation Sign 1 Wall sign; max. area 1 s .ft., max. height 8 ft., no lighting Identification Sign (rest homes, hospitals and multi -family housing or complexes) 1 Freestanding sign with min. 25 ft. setback; max area 40 sq. ft.; max. height 8 ft.; lighting permitted. Or Wall sign: max. area 40 sq. ft.: max height 25 ft.: lighting permitted. D. Commercial and Office: C'ffice Building Identification Wall Sign max area 60sq. Ft. max height 25 ft; lighting permitted; Or Building Identification Wall Sign for buildings greater than 50,000 sq. ft. in gross floor area: max area 80 sq. ft.; max. height 25 ft..; lighting permitted; Or n Building Identification Wail Sign for . buildings over 35 ft. in height; max area 100 sq. ft.; max. height 1 ft. below roofline; lighting permitted during hours when the primary building use is open to the public; Or Freestanding Tenant Panel Sign located within 5 ft. of building (or wall sign) listing tenants located within a building; max area 3 sq. ft..per tenant (up to a max. of 30 sq. ft.); max. height 10 ft.; lighting permitted. Additional Sign if Building is Not Located in an Office Center, which can be either Freestanding sign with min. setback of 10 ft.; max. area 32 sq. ft.; max. height 6., lighting permitted; " Or (if lot is 4 acres or less) Freestanding sign with min setback of 25 ft.; max. area 60 sq. ft.; max. height 12., lighting permitted; " Or (if lot is more than 4 acres) Freestanding sign with min setback of 25 ft.; max. area 100 sq. ft.; max. height 5 ft., lighting permitted 1 Additional Sign if Building is Located in an Office Center Freestanding Establishment Identification Sign located within 15 feet of building; max. area 32 sq. ft.; max. height 6 ft.; lighting permitted 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. All Office Centers 1 Freestanding Identification Sign for hospitals, with min. 25 ft. setback (or wall sign); max area 40 sq. ft.; max. height Eft. (25 feet for wall sign); lighting permitted Office Center (0-2.0 Acres) 1 Freestanding sign with min. setback 10 ft.; max area 32 sq. ft.; max. height 6 ft.; lighting permitted 2 Freestanding Informational Sign with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Office Center (between 2 - 8.0_Acres 2 Freestanding signs with min. 10 ft. setbacks, one per street frontage; max. area 50 sq. ft. per sign; max. height 12 ft:, lighting permitted. 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. Area 5 sq. ft.; max. height 6 ft.; lighting permitted. Office Center (between 8 - 18.0 Acres). 1 Freestanding Center Directory Sign with min. 25 ft. setback (or wall. sign); max. area 20 sq. ft.; max. height 8 ft.; lighting permitted. 2 Freestanding signs with min. 25 ft. setbacks, one per street frontage; max. area 100 sq. ft. per sign; max. height 15 ft. ; lighting permitted. " 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Office Center between 18-30 Acres ti, r 1 Freestanding Center Directory Sign with min. 25 ft. setback (or wall sign); max. area 20 sq. ft.; max. height 8 ft.; lighting permitted 1 Freestanding sign per street frontage, with min. 25 ft. setbacks, max. area 100 q. ft. per sign; max. height 25 ft.; lighting permitted. 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Regional Center Larger than 30 Acres Same requirements as for office Centers between 18 and 30.0 acres Or As approved in an Overall Final Development Plan E. Commercial and Office (Along First Street): Wall sign 1 Wall Sign per building frontage, except where the rear of the building would face onto or be adjacent to a residential zoning district boundary; max. area 30 sq. ft. plus 1 sq. ft. per lineal foot of applicable building frontage (not to exceed 100 sq.); max. height 25 ft.; lighting permitted. Or Projecting wall sign (in lieu of one wall sign); max. area 25 sq. ft.; max. height 25 ft.; lighting permitted . Under Canopy Sign 1 Projecting sign located perpendicular to the front of the building; max. Area 4 sq. ; max. Height 12 ft., lighting permitted. Freestanding Sign 1 Additional Sign if Building is Set Back at Least 10 Ft. From the Property line and is not located on a Corner Freestanding sign with a min. 10-ft setback; max. area 32 sq. ft.; max. height 6 ft.; lighting permitted Interior Store Sign 1 Additional Sign for Commercial Building or Shopping Mall Containing Interior Stores Without External Entrances Exterior wall sign or cluster of wall signs at one location on the exterior of the building; max. area 6 sq. ft. per interior store. F. Other Non -Residential Uses, including uses in a Mixed Use Area: Commercial Building (Not located in a commercial center or a commercial building that is the only building in a commercial center) 1 Freestanding sign with min. setback of 10 ft.; max. area 32 sq. ft.; max. height 6 ft.; lighting permitted; Or (if lot is 4.0 acres or less) Freestanding sign with min setback of 25 ft.; max. area 60 sq. ft.; max. height 12., lighting permitted. Or (if lot is more than 4 acres) 10 i Freestanding sign with min setback of 25 ft.; max.. area 100 sq. ft.; max. height 5 ft., lighting permitted. Or (if lot is more than 4 acres) Freestanding sign located between 25 and 100 ft. of an interstate highway right-of-way, for a single user occupying more than 300,000 sq. ft. of gross floor area in a building located within 250 feet of an interstate highway; max. area 300 sq..; max. height 45 ft.; lighting permitted. 1 Wall sign per building frontage, except where the rear of the building would face onto or be adjacent to a residential zoning district boundary; max. area 30 sq. ft. plus 1 sq. ft. per lineal foot of applicable building frontage (not to exceed 100 sq.); max. height 25 ft.; lighting permitted. Or Projecting wall sign (in lieu of one wall sign); which may extend up to 5 ft. over a public right-of-way, but may not extend over a public street; max. area 25 sq. ft.; max. height 25 ft.; lighting permitted 1 Establishment identification wall sign for per street frontage (maximum of 2) for establishments occupying more than 60,000 sq. ft. of gross leasable area; max. area 150 sq. ft.; max. height 1 ft. below roofline; lighting permitted during hours when the primary building use is open to the public. Or Building Identification wall sign for buildings over 35 ft. in height; max area 100 sq. ft.; max. height 1 ft below roofline; lighting permitted during hours when the primary building use is open to the public. 1 Under canopy projecting sign located perpendicular to the front of the building; max. area 4 sq. ft.; max. height 12 ft., lighting permitted. 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign);• max. area 5 sq, ft.; max. height 6 ft.'; lighting permitted. Note As an alternative to the wall signs and informational signs otherwise available to. them, a single user of a building containing at least 150,000 sq. ft. of gross leasable area may apply for approval of a Final Development Plan sign program with maximum signage area of 150 sq.. ft. pursuant to §3.24 (Sign Permits). Commercial Buildina (located in a Commercial Center, where the Commercial Center contains other use types) 1 Wall sign per building frontage, except where the rear of the building would face onto or be adjacent to a residential zoning district boundary; min. area 30 sq. ft. plus 1 sq. ft. per lineal foot of applicable building frontage (not to exceed 100 sq. ft.); max. height 25 ft.; lighting permitted. Or 11 Projecting wall sign (in lieu of one wall sign), which may extend up to 5 ft. over a public right-of-way, but may not extend over a public street; max. area 25 sq. ft.; max. height 25 ft.; lighting permitted; Or Building Identification wall sign for buildings over 35 ft. in height; max area 100 sq. ft.; max. height 1 ft. below roofline; lighting permitted during hours when the primary building .use is open to the public 1 Establishment identification wall sign for.per street frontage (maximum of 2) for establishments occupying more than 60,000 sq. ft. of gross leasable area; max. area 150 sq. ft.; max. height 1 ft. below. roofline; lighting permitted. 1 Under canopy projecting sign located perpendicular to the front of the building; max. area 4 sq. ft.; max. height 12 ft., lighting permitted Commercial Building or Shopping Mall (containing interior establishments without external entrances) 1 Exterior wall sign per interior establishment; max. area 6 sq. ft. per 100 sq. ft. of gross floor area in the interior establishment (maximum 100 sq. ft.). Office Building (not located in_a Commercial Center or and Office Building that is the only building in Commercial Center) 1 Freestanding Establishment Identification Sign within 15 feet of building; max. area 32 sq. ft.; max. height 6 ft.; lighting permitted 1 Building Identification Wall Sign; max. area 40 sq. ft.; max. height 25 ft.; lighting permitted; Or 1 Building Identification Wall Sign for buildings greater than 50,000 sq. ft. in gross floor area: max. area 80 sq. ft.; max height 25 ft.; lighting permitted; Or - Building Identification Wall Sign for buildings over 35 ft. in height; max area 100 sq. ft.; max. height 1 ft. below roofline; lighting permitted during hours when the primary building use is open to the public; Or Freestanding Tenant Panel Sign listing tenants located within a building; max .area 3 sq. ft. per tenant (up to a max. of 30 sq. ft.); max. setback 10 ft. ; max. height 10 ft.; lighting permitted. 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Industrial Building 1 Freestanding Establishment Identification Sign located within 10 feet of building; in a Center max. area 32 sq. ft.; max. height 6 ft.; lighting permitted 1 Wall sign per building frontage, except where the rear of the building would face onto or be adjacent to a residential zoning district boundary; min. area 30 sq. ft. plus 1 sq. ft. per lineal foot of applicable building frontage (not to exceed 100 sq. --.); lighting permitted; Or 12 Projecting wall sign (in lieu of one wall sign), which may extend up to 5 ft. over a public right-of-way, ,but may not extend over a public street; max. area 25 sq. ft.; max. height 25 ft.; lighting permitted; Or Building Identification wall sign for buildings over 35 ft. in height; max area 100 sq. ft.; max. height 1 ft. below roofline; lighting permitted during hours when the primary building use is open to the public All Commercial Centers 1 Freestanding Identification Sign for rest homes, hospitals and multi -family housing complexes, with min. 25 ft. setback (or wall sign); max area 40 sq. ft.; max. height 6 ft. (25 feet for wall sign); lighting permitted. Commercial Center 0-2.0 Acres 1 Freestanding sign with min. setback 10 ft.; max area 32sq. ft.; max. height 6 ft.; lighting permitted. 1 Freestanding Informational Sign with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Commercial Center 2 - 8.0 acres 1 Freestanding Center Directory Sign with min. 25 ft. setback (or wall sign); max. 20 sq. ft.; max. height 8 ft.; lighting permitted. 3 Freestanding signs with min. 10 ft. setbacks, one per street frontage; max. area 60 sq. ft. per sign; max. height 12 ft., lighting permitted. " 4 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Commercial Center 8 - 18.0 Acres 1 Freestanding Center Directory Sign with min. 25 ft. setback (or wall sign); max. Between 20 sq. ft.; max. height 8 ft.; lighting permitted 2 Freestanding signs with min. 25 ft. setbacks, one per street frontage; max. area 100 sq. ft. per sign; max. height 15 ft. ; lighting permitted." 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign), max. area 5 sq. ft.; max. height 6 ft.; lighting permitted. Commercial Center 18 and 30.0 acres 1 Freestanding Center Directory Sign with min.25 ft. setback (or wall sign); max. 20 sq. ft.; max. height 8 ft.; lighting permitted. 1 1 Freestanding sign per street frontage, with min. 25 ft. setbacks, max. area 100 sq. ft. per sign; max. height 25 ft.; lighting permitted. 3 Freestanding Informational Signs with min. 10 ft. setback (or wall sign); max. Area 5 sq. ft.; max. height 6 ft.; lighting permitted. Center Larder than 30 Acres NA Same requirements as for Commercial Centers between 18.1 and 30.0 acres or as approved in a Final Development Plan sign program with maximum signage area of 150 sq. ft. approved pursuant to §1.1 (Sign Permits) 17.31.050 Exceptions and Additional Criteria. A. All signs permitted pursuant to section 17.31.040 (Sign Schedule) in all Standard Zoning Districts, and PUD Zoning Districts shall meet the following additional requirements and/or are eligible for the following exceptions: 13 A . I I i I . 1. No sign attached to a building shall project above the top of the building. 2. No flags or banners shall be displayed from poles or standards placed on the roof of a building or structure. 3. The rear service entrance to any business establishment may have one sign no more than 2 sq. ft. inarea stating only the name of the business and/or address. 4. No freestanding sign shall be located closer than 10 feet to a front property line. 5. Freestanding signs located within 100 feet of any residential zoned property shall not'exceed 6 feet in height. 6. All freestanding signs must meet the corner visibility requirements set forth in the Town Code. 7. Each residential subdivision may have (1) one freestanding permanent subdivision identification sign, or (2) more than one permanent subdivision identification sign incorporated into entryways or fences. Such signs: a. Shall include only the name of the subdivision or development; b. Shall be located at the principal street entrance to the subdivision; C. Shall not be located within 3 ft. of a sidewalk or curb; d. Shall have a maximum combined sign area of 40 sq. ft.; e. Shall have a maximum height of 6 ft.; f. Shall be constructed of masonry or other substantial materials; and g. May be lighted. h. Adequate provisions to maintain the sign must be provided by subdivision covenants or homeowner association. 8. Signs may only be constructed in a public right-of-way with the approval .of the Town Engineer and pursuant to the procedures for a revocable permit set forth in Chapter 17.30. Any sign located within a public right-of-way shall not be located over any existing or future utilities, and may be removed by the Town if necessary for reconstruction of a street, sidewalk_ , utilities, or to protect the health, safety and welfare of the citizens of the Town, with no liability to the Town for replacement or repair. 9. Signs on awnings and canopies (including gasoline service station canopies) may be used as a portion of the wall signage area allowed in the Sign Schedule on any building in commercial zoning districts. The area of the awning or canopy sign shall be included in the total signage area allowed for these types of wall signs and may not exceed the total square footage allowed for wall signage per building frontage. Awnings and canopies may be back -lit. Where gasoline service station canopies are involved, ( 1) the permitted sign area shall be measured by applying the sign schedule ratio to the length of the canopy frontage, rather than the primary structure frontage, and (2) no more than one wall sign, whether located on the primary structure or canopy, shall face in any given direction (i.e. there shall not be a wall sign and a canopy sign facing the same direction). I 10. If more than 10% of any wall or roof surface of any non-residential building or any accessory structure to a non-residential use is painted, finished, or surfaced in a distinctive color scheme that includes some or all of the same colors, 14 shapes, symbols, images, patterns, or textures used on any sign identifying an owner, tenant, or user of the building, and the Planning Director determines that such wall or roof surfaces serve as a sign for an owner, tenant, or user of the building, such wall or roof area shall be counted as wall signage and shall be subject to the limitations on wall signage area in the Sign Schedule. 11. Signs may be placed on motorized vehicles provided that (1) each sign must be permanently painted or affixed to the vehicle; (2) the vehicle upon which the sign is affixed must be used for the daily operation of the business and not primarily to display signage; (3) no sign shall project more than 1 foot above the roofline of the vehicle to which it is attached. When not in use, the vehicle must be parked on the business premises of the business that it advertises and not closer than 50 feet to the public right-of-way (or, if there is no parking on the business premises, it must be legally parked). No signage may be painted or affixed in any manner to trailers. 12. A super graphic or mural may be located on the same building face as a wall sign provided they are graphically incorporated into each other. No super graphic or wall mural shall occupy more than 10% of any wall or roof surface or any accessory structure. 13. Special signs, such as (1) super graphics or murals occupying more than 10 percent of a wall or roof surface or an accessory building, (2) architectural sculpture, (3) nostalgic or period signs (such as barber poles), and (4) special district and historic district signs, may be approved pursuant to Chapter 17.30 (Sign Permits). 17.31.060. Informational Signs. Signs that give specific instructions to the public using a building or facility are permitted provided that such signs: A. Have letters that do not exceed 4 inches in height; B. Not exceed 5 sq. ft. in area; C. Display only instructional information pertaining to the use of the site (such as, "Enter", "Exit", "Warning", "Self Service", "Drive-Thru", "One -Way", etc.), and D. Do not contain any word, symbol, or image identifying the owner, tenant, or user of the building or facility. 17.31.070 Changeable Copy Signs. The following types of signs permitted under section 17.31.040 (Sign Schedule) are permitted to have changeable copy (without first obtaining a new sign permit) under the following conditions. Signs not listed in this subsection must obtain a new sign permit before copy is changed. A. Up to 33% of any building identification sign or center identification sign permitted by the Sign Schedule may have changeable copy. B. One changeable copy theater or movie marquee sign identifying current productions and movies may be incorporated into, or may be substituted for, one building identification sign and one center identification sign permitted by. the Sign Schedule. The area of any marquee sign, including any changeable copy, shall be included in calculating the total area of the sign it is incorporated into or replaces, and shall not increase the permitted sign area or any such sign. C. Any portion of a church sign permitted by the Sign Schedule may have changeable copy. 15 D. One changeable copy gasoline price sign listing only the types and prices of gasoline may be incorporated into each freestanding or wall sign permitted by the Sign Schedule (maximum 1 per street frontage). The area of changeable copy shall not exceed 8 sq. ft. on any sign, and the area of changeable copy shall not be included in calculating the total area of a sign it is incorporated into. E. Two changeable copy menu board signs are permitted for each drive - through restaurant, in addition to those signs listed in the Sign Schedule. Menu board signs may be free standing or wall mounted, one sign shall be no more than 30 sq. ft. in area, while the second menu board shall be no more than .16 sq. ft. in area. All menu boards shall have a maximum height of 7 ft., and shall be readable only to traffic on the adjacent drive -through lane. F. One changeable copy menu board wall sign indicating daily menu changes is permitted for each non -drive -through restaurant. Menu board signs shall be no more than 3 sq. ft. in area and must be placed no more than 10 ft. from the front entrance of the restaurant. G. No changeable copy sign or portion of a sign may have changeable copy that is nailed, pinned, glued, taped, or otherwise attached by obviously temporary means. H. No changeable copy sign or portion of a sign may be constructed using face or screen materials such as expanded metal or other types of mesh; any type of corrugated plastic such as Filon, V3 or Styrene; or other types of materials that are commonly used for "portable" or "homemade" signs, unless the use of such materials for sign construction is permitted under any uniform code or ordinance adopted by the Town. I. If any part of the changeable copy portion of a sign or the track type system or other method of attachment (a) is absent from the sign, or (b) deteriorates so that it is no longer consistent with the style or materials used in the permanent portion of the sign, or (c) is altered in such a way that it no longer conforms to the approved plans and specifications, the sign shall be in violation of this Code. 17.31.080 Temporary Signs. The following types of temporary signs shall be allowed under the following conditions. A. Temporary Residential Tract Sign. Each residential subdivision may have one freestanding temporary tract sign for each type of housing unit to be built ( e.g. single family, townhouse and condominiums), provided that each sign (1) is located at a major entrance to the subdivision, (2) has a maximum area of no more than 100 sq. ft., (3) has a maximum height of 12 ft, (4) is located at )east 25 feet from the public right-of- way, and (5) is not lighted. Such signs may remain in place as long as active initial sales of the type of housing shown on the sign is occurring. B. Temporary Freestanding on -site Residential Informational Sign. Each builder of over 20 residential units in a subdivision or development may have one temporary Informational Sign for each type of residential unit that it is building in the subdivision or development (such as single family, townhouse, or condominium), provided that such sign (1) only includes text directing visitors to the construction or sales site, (2) has a maximum area of 15 sq. ft. (3) has a maximum height of 10 ft., and 16 (4) is not lighted. Such signs may remain in place as long as active initial sales of the type of housing shown on the sign is occurring. C. Temporary Non-residential Tract Sign. Each subdivided lot in the commercial or industrial Zoning Districts may have one freestanding temporary tract sign, provided that each sign (1) has a maximum sign area of 32 sq. ft. , (2) has a maximum height of 6 ft., (3) is located at least 25 feet from the public right-of-way, and (4) is not lighted. Such signs may remain in place until the first Certificate of Occupancy is issued for a building on the tract or lot. D. Model Home Signs. Each builder within a subdivision or development may have the following types of model home signs under the following conditions, and each such sign may remain until the single family model home is sold to a private buyer for use: 1. Each builder may have one freestanding or wall sign within each group of attached or detached single family model homes that it constructs, provided that each such sign (a) is located on a model home lot, (b) has a maximum area of 40 sq. ft, (c) has a maximum height of 6 ft., (d) has a minimum setback of 10 ft., and (e) is not lighted. 2. Each attached or detached single family model home may have one freestanding or wall sign, provided. that each such sign (a) is located on the same lot as the model home, (b) has a maximum area of 5 sq. ft, (c) has a maximum height of 6 ft., and (d) is not lighted. 3. Each builder may have one freestanding or wall sign at the entrance to each multi -family building it constructs, provided that each such sign (a) is located on the same lot as the multi -family building, (b) has a maximum area of 5 sq. ft, (c) has a maximum height of 6 ft., and (d) is not lighted. 4. Each subdivision may have a temporary model home flag, provided that (a) each flagpole is located within 200 ft. of an entrance to the subdivision on a model home lot containing a model home or a temporary sales office, (b) no flag has a maximum area of more than 15 sq. ft., (c).the total area of all flags is no more than 90 sq. ft, (d) no flag pole has a maximum height of more than 20 ft. 17.31.090. Portable Signs. One freestanding portable signs shall be allowed to each business in commercial Zoning Districts, under the following conditions: A. No more than two signs shall be displayed outside of any single building at one time, regardless of the number of businesses in the building. B. Each such sign shall be located (a) within 10 ft. of the entrance of the business related to the sign (and in no case in front of another business unrelated to the sign), (b) so that a minimum 3 ft. unobstructed walkway is maintained at all times on any sidewalk where the sign is located, (c) so that both sides of the sign are not visible from the same direction, and (d) so that it does not obstruct traffic visibility or any official traffic control device. Such signs are only permitted on the public right-of-way only if the adjacent business or building is built to the front property line and has a zero setback. No portable sign may be installed on any public right-of-way or public property until a revocable permit to occupy such space has been obtained pursuant to Chapter 17.30. 17 C. Each such, sign shall be constructed (a) with a maximum area of 8 sq. ft. per side, (b) with a maximum height of 4 ft., (c) of plywood or other substantially rigid materials, and (d) without wheels or a frame allowing it to be pulled as a trailer. D. All changeable copy shall meet the requirements of section 17.31.050 (Exceptions And Additional Criteria), all non changeable copy shall be painted or affixed by other means to be a permanent part of the sign, no part of the sign shall include fluorescent or day-glo colors. E. All signs shall be maintained to avoid (a) faded or discolored backgrounds or copy, (b) broken, lose, or ill-fitting pieces, and (c) jagged edges or other conditions that could be a hazard to pedestrians, The Town shall have the right to remove any portable sign at any time that it is not maintained or constitutes a hazard to public health or safety. F. If this Section is repealed or amended, no portable signs permitted above shall be allowed to continue as a nonconforming use, and all portable signs not meeting the requirements of this Code after such repeal or amendment shall be removed immediately. 17.31.100 Prohibited Signs. The following types of signs are prohibited in all Zoning Districts: A. Any sign which is not allowed under sections 17.31.030 (Signs Allowed Without a Permit), 17.31.040 (Sign Schedule), 17.31.050 (Exceptions And Additional Criteria), 17.31.080 (Temporary Signs), or 17.31.090 (Portable Signs) of this Code. B. Any sign which is misleading or fraudulent. C. Any sign erected on or over any public right-of-way or public property, unless such sign is explicitly allowed by this Code and a Revocable Permit for the sign has been obtained pursuant to Chapter 17.30. D. Any moving sign, other than a explicitly permitted by this Code, which (1) has any part revolving at more than 8 revolutions per minute by any means, including fluttering or rotating, or (2) has any part set in motion by movement of the atmosphere. E. Any sign displaying flashing or intermittent lights, or lights of varying intensity, except those portions of a sign indicating time and temperature or electronic changeable copy signs with intermittent lights due to the change of copy. F. Any sign with direct or indirect lighting that causes direct glare into or upon any lot or tract with a residential use that is adjacent to the lot or tract where the sign isolated. G. Any sign that is an imitation of an official government protective or warning signs, including signs using the words "Stop" or "Danger" to imply a need or requirement to stop or a caution for the existence of danger, and including signs that are copies of, or which are likely to be confused with, any official government protective or warning sign. H. Any sign that obstructs any window, door, fire escape, stairway, ladder, or opening intended to provide light, air, ingress, or egress for any building as required by law. I. Any sign not permanently affixed to a permanent, rigid structure, unless explicitly authorized by this Code. im J. Any sign that violates any provision of any law of the State of Colorado relative to outside advertising. K. Any temporary signs attached to utility poles or stakes, unless explicitly authorized by this Code. L. Any off -site sign (billboard sign) not explicitly permitted by section 17.31.050 (Exceptions And Additional Criteria). M. Bus bench advertising signs. N. Any sign which, is inconsistent with any intergovernmental land use agreement the Town may have with Weld County or other government. 17.31.110 Sian Measurement, Removal, and Alteration. A. Sign Measurement. 1. - The area of any sign contained within a can, cabinet, or frame shall be determined by calculating the total area of. the sign including the can, cabinet or frame. 2. The area of any sign displaying individual letters on a background (facade, wall, divisional wall, awning or canopy) shall be measured by encompassing all the letters in a rectangle or square. Except for.. awning, canopy, and permanent subdivision identification signs, the allowed signage (including signage). Three capital letters and three lower case extensions may be exempted. from being included in the area of measurement. Capital letters and lower case extensions may not exceed twice the height of lower case letters. 3. Architectural treatments that aid in integrating the signage with the building design are encouraged, but any such treatment shall not be created for the purpose of visually enlarging the size of the sign. 4. Freestanding, and projecting signs shall be measured by the area of one face of the sign. 5. The height of any sign shall be determined by the distance between the topmost portion'of the sign structure and the ground elevation at the base of the sign. B. Sign Removal or Repair. In addition to any other remedies available under this Code, the Town may,.issue a written notice to owners of the following types of signs or supporting structures, or if the owner is unknown, then to the owners of the property on which the following types of signs or supporting structures are located, of the need to remove or repair them. 1. Any sign that does not meet the requirements set forth in this Code, and does not qualify as a non -conforming use or structure. 2. Any sign for which a permanent or temporary permit has expired. 3. Any sign that is in disrepair or unsafe and deemed hazardous by the Town. 4. Any sign identifying a . business, professional or industrial establishment that has moved from the premise. 5. Signs or supporting structures that are the subject of a written notice shall be removed or repaired within 15 days after the date on which the Town issues the notice. If the sign is not repaired or removed within that time, the Town may remove the sign from the premises on which it is located and store the sign. Costs 19 incurred by the Town for removal and storage and/or disposition of the sign will be assessed to the owner of the sign, supporting structure, or property to which the notice was sent. C. Altering or Moving Existing Signs. 1. Any alteration to an existing sign, except for alterations to changeable copy allowed pursuant to section 17.31.050 (Exceptions and Additional Criteria), shall require a new permit pursuant to Chapter 17.30 (Sign Permits) before the sign may be altered. Alterations shall include, without limitation: a. Changing the copy of the sign except as allowed pursuant to section 17.31.050 (Exceptions and Additional Criteria); b. Changing the size of the sign; C. Changing the shape of the sign; d. Changing the material of which the sign is constructed; e. Changing or adding lighting to the sign f. Changing the location of the sign; or g. Changing the height of the sign. 2. Existing conforming or nonconforming signs may be altered in any way that does not change the size, height, background shape, or location of the sign without bringing the entire sign into conformance, provided that the cost of the alteration is less than 50% of the signs replacement cost. 3. Signs may be removed for maintenance only and replaced on the same support, without obtaining a new permit. 17.31.120 Minor Modifications to Sign Standards. A. The Planning Director shall be authorized to grant minor modifications of any sign standard, including but not limited to sign area modifications of twenty percent (20%) or less, subject to the Approval Criteria noted in subsection D of this section 17.31.120. Such actions may be taken in or to encourage the implementation of alternative or innovative practices that provide equivalent benefits to the public. B. Applications for a Minor Sign Modification shall be submitted to the Planning Director. The Planning Director shall review the application for completeness. The application shall be deemed complete when the application form, which is as set forth in the Firestone Development Regulations, is completed and all required fees have been paid. C. Planning Director Review and Action. The Planning Director shall review each proposed Minor Modification application in light of the Approval Criteria of subsection D of this section 17.31.120, and as deemed necessary, distribute the application to other Staff. Based on the results of those reviews, the Planning Director shall take final action on the Minor Modification application and either approve, approve with conditions, or deny such application. The Planning Director shall act upon a request for a Minor Modification within sixty (60) days of submittal of a Complete Application. D. Approval Criteria. Minor Modifications may be approved by the Planning Director only upon a finding that all of the following criteria have been met: 20 1. The requested modification eliminates an unnecessary inconvenience to the Applicant and will have no significant adverse impact on the health, safety or general welfare of surrounding property owners or the general public; 2. Any adverse impacts resulting from the Minor Modification will be mitigated to the maximum extent practical; and 3. The requested Minor Modification is either: a) Of.a technical nature and is required to compensate for some practical difficulty or unusual aspect of the site or the proposed sign; or b) An alternative or innovative design practice that achieves to the same or better degree the objective of the existing design standard sought to be modified. 17.31.130. Maintenance and Upkeep of Signs. All signs, both currently existing and constructed in the future, and all parts and components thereof, shall be maintained in a safe condition and the owner or lessee of any sign shall take all reasonable actions to ensure any sign is properly maintained. 17.31.140. Nonconforming Signs. Whenever -one of the following conditions occurs or exists, a sign which is nonconforming to the regulations of this Chapter and Chapter 17.30 shall be brought into conformance or the use thereof shall terminate: A. Whenever an alteration of the sign is made or sought to be made that is not permitted pursuant to section 17.31.110; B. Whenever there is a request made for a permit to change the sign; C. When any such sign or nonconforming portion thereof is destroyed by any means to a extent of more than 50 percent of its value. Section 3. Section 8.8.19 of the Firestone Development Regulations is hereby amended to read as follows (words added are underlined; word deleted are st4Gken 8.8.19 Sign Program A general description of the signs to be used, indicating shape, size, material, color, location and text of all proposed permitted signs. Section 4. Section 10.9.19 of the Firestone Development Regulations is hereby amended .. ): to read as follows (words added are underlined, word deleted are 10.919. Sign Program A general description of the signs to be used, indicating shape, size, material, color, location and text of all proposed peemitted signs. Any sign program approved as part of a final development plan shall be subject to the Sign Permit requirements of Chapter 17.30 of the Firestone Municipal Code. All signs within a final development plan sign program shall comply with the Sign Standards set 21 forth in Chapter 17.31 unless otherwise permitted or approved in the final development plan. Section .5. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason,such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 7. The repeal or modification of any provision of the'Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, AD PTE , APPROVED, AND .ORDERED PUBLISHED IN FULL this JX� lay of , 2001. Cheri Andersen Town Clerk TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 22 ORDINANCE NO. AN ORDINANCE CONCERNING THE SETTING OF SPEED LIMITS AND INCREASED PENALTIES FOR MOVING TRAFFIC VIOLATIONS IN SCHOOL ZONES WHEREAS, pursuant to Model Traffic Code Section 1102(4), as adopted with amendments by the Town of Firestone, the Town has determined to designate certain safety zones surrounding schools as school zones, with posted reduced maximum speed limits; and WHEREAS, the Board of Trustees finds that school zones are areas that warrant special consideration in terms of traffic regulation and enforcement; and WHEREAS, the Board of Trustees has determined that increases in the penalties and surcharges for speeding and other moving traffic violations within designated school zones are necessary to promote the safety of school children and will promote compliance by drivers with posted reduced maximum speed limits and other traffic regulations within such zones; and WHEREAS, the Board of Trustees desires to designate by ordinance those municipal officers who, in addition to the Board of Trustees, may establish speed limits within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 10.04.050 of the Firestone Municipal Code is hereby amended by the addition of a new subsection (L) to read as follows; L. Section 614, School zones - increase in penalties for moving traffic violations, is added to read as follows: Section 614, School zones - increase in penalties for moving traffic violations. (1) Any person who commits a moving traffic violation in a school zone is subject to increased penalties and surcharges. (2) For the purposes of this section, "school zone" means an area that is designated as a school zone and has appropriate signs posted indicating that penalties and surcharges will be doubled. (3) This section does not apply if the penalty and surcharge for a violation has been doubled pursuant to Section 613 because such violation also occurred within a highway maintenance, repair, or -construction zone. Section 2. Chapter 10.04 of the Firestone Municipal Code is hereby amended by the addition of a new Section 10.04.070, to read as follows: -1- 10.04.070 Designation of speed limits. The chief of police, in addition to the Board of Trustees, is designated and authorized to set speed limits within the town which are increased or decreased specifically from those set forth under section 1101 of the Model Traffic Code for Colorado Municipalities, as adopted from time to time by the town. Such modifications of speed limits shall be maintained as set forth under the Model Traffic Code for Colorado Municipalities, as adopted from time to time by the town. Section 3. If any article, section, paragraph, sentence, clause, or phrase 4 this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section4. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section -5. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED this day of �IRES'T TOH;'•�2 Rick Patterson, Mayor ATTEST: COL 3/22/2001 12:12 PM[sjl]F:Office\Firestcne\Ord\Schcol2.ones -2- ORDINANCE NO. AN ORDINANCE ESTABLISHING CERTAIN APPLICATION, REGISTRATION AND LICENSE FEES WITH RESPECT TO ALCOHOL BEVERAGE LICENSING. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 5.08 of the Firestone Municipal Code is hereby amended by the addition of new Sections 5.08.090 and 5.08.100 to read as follows: 5.08.090. Fees: Application and registration fees. The following license application and registration fees shall be paid to the Town for all liquor licenses: A. Each application ,for a new license shall be accompanied by an application fee in the amount of five hundred dollars. B. Each application for a transfer of location or ownership of an existing license shall be accompanied by a transfer fee in the amount of five hundred dollars. C. Each application for renewal of an existing license shall be accompanied by a renewal fee of fifty dollars; except that each application for late renewal of an expired license shall be accompanied by an expired license renewal fee of five hundred dollars. D. Each hotel and restaurant licensee shall pay a registration fee in the amount of seventy-five dollars for the actual and necessary expenses incurred in establishing the character, record, and reputation of each registered manager. E. Each application for a temporary permit shall be accompanied by a temporary permit fee in the amount of one hundred dollars. F. Each corporate or limited liability company applicant shall pay to the Town a fee in the amount of one hundred dollars for the cost of each fingerprint analysis and background investigation undertaken to qualify new officers, directors, stockholders or members pursuant to state law; however, no such fee shall be due to the Town with respect to persons for whom the state licensing authority was paid a fee and completed a background investigation. 5.08.100. Fees: License fees designated for each class of license. The following license fees shall be paid to the Town annually, in advance, based on premises located within the Town: A. For each retail liquor store license, one hundred fifty dollars; 1 B. For each liquor -licensed drugstore license, one hundred fifty dollars; C. For each beer and wine license, three hundred twenty-five dollars; D. For each hotel and restaurant license, five hundred dollars; E. For each tavern license, five hundred dollars; F. For each club license, two hundred seventy-five dollars; G. For each arts license, two hundred seventy-five dollars; H. For each optional premises license, five hundred dollars; I. For each brew pub license, five hundred dollars; J. For each bed and breakfast permit, twenty -five - dollars. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective'of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. . All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL th_s day of 2001. Attest: TOWN OF FIRESTONE, COLORADO f IRF rrrrr•• •'• T ''•.�' Rick Patterson Mayor 2 , IIIIIIIIIIIIIIIIII lilliilllllill Illliillll IIIII IIIIIIII � 2871014 0�1021200i 12:33P JA Suki Tsukamoto 1 of 6 It 30.00 D 0.00 Weld County CO r ORDINANCE flNO. 470 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR TRACT L, ST. VRAIN RANCH SUBDIVISION, FILING V, A PORTION OF THE DOLLAGHAN PUD WHEREAS, St. Vrain Partners, LLC, as owner and applicant, has applied for an outline development plan (ODP) amendment for rezoning of a 10.888-acre parcel located in the South One - Half of Section 7, Township 2 North, Range 67 West of the 61h P.M., which parcel is legally described as Tract L, St. Vrain Ranch Subdivision, Filing V, and is hereinafter referred to as the "Property"; and WHEREAS, the application requests a rezoning of the Property from a Planned Unit Development, Neighborhood Center (PUD NC) zone district designation to a Planned Unit Development, Medium Density Residential (PUD R-B) zone district designation for approximately 9.424 acres of the Property, and a PUD NC zone district designation for approximately 1.464 acres of the Property; and WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on February 21, March 7, and April 4, 2001, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, all materials related to the proposed rezoning and ODP amendment have been reviewed by Town Staff and 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, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on April 26, 2001; and WHEREAS, the Board of Trustees makes the following findings with respect to the proposed rezoning and ODP amendment: Additional properties have been annexed to the Town and zoned commercial since the Property was first annexed and zoned. These newly annexed commercial areas, particularly those planned at the intersection of Colorado Boulevard and Firestone Boulevard, reduce the need for Neighborhood Center uses on the Property and support rezoning of the Property; b. The Property does not have direct access from Colorado Boulevard and the lack of such access supports rezoning of the Property to non-commercial uses; 11111111111111111111111111111111111111111111111111 to 287�Q14 Q8I0212QQ1 12.33P JA Suki Tsukamo 2 of 6 R 3Q.QQ f} Q.OQ Weld County Ca C. The Property constitutes only a small portion (approximately 1.3%) of the property currently annexed to the Town and zoned for commercial or industrial uses. A rezoning of the Property to non-commercial uses will not significantly impact the Town's inventory of commercial and industrial property; d, The size of the Property is not optimal for development of a neighborhood commercial center, and therefore a rezoning to other uses is appropriate; e. The development of commercial retail uses on the Property may have a diluting effect on similar commercial retail centers planned at the intersection of Colorado Boulevard and Firestone Boulevard, and the Commission finds that it is appropriate to rezone the Property to avoid such potential effect; and f. The rezoning of the Property to non-commercial uses will not have a significant negative fiscal impact on the Town as there are no other significant competing commercial retail facilities within another municipality in the area; and WHEREAS, the Board of Trustees finds the proposed rezoning and ODP amendment is consistent with the Town's plan for the area and should be approved subject to certain conditions; and WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, finds that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations, and should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado does hereby approve the proposed rezoning and outline development plan amendment for the Property legally described as Tract L, St. Vrain Ranch Subdivision, Filing V, to zone the Property from PUD NC to PUD R-B and PUD NC, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference, and the Town Board does hereby rezone those portions of the Property legally described on Exhibit B. attached hereto and incorporated herein by reference, to the land use categories set forth on Exhibit B. subject to such conditions set forth in Exhibit A. The Town zoning map shall be amended accordingly. Section 2. The approval herein is not intended and shall not be construed to create any statutory vested rights for any of the uses or densities approved under this rezoning. Statutory vested property rights may be created only in accordance with Chapter 17.42 of the Firestone Municipal Code. 2 11111111111111111111111111111111111111111111111111 it l 2871014 08/62/2001 12:331) JA Suki Tsukamoto 3 of 6 R 30.00 D 0.00 Weld County CC INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Q(p day of Anci 52001, C � Rzck Patterson Mayor ATTEST: SV AL GOB Cheri Andersen Town Clerk 7125/017:16 AM[sjl]F.\Offiice\Firestone\Ord45tVrainVlReezoninftard(approval).ord 111111111111111111111111111111111111111111111111111 2871014 0810212001 12:33P JA Suki Tsukamoto 4 of 6 R 30.00 D 11.00 Weld County CO EXHIBIT A Rezoning/ODP Amendment Tract L, St. Vrain Ranch Subdivision, Filing V Conditions of Approval 1. An amendment to the Annexation Agreement for the Property shall be executed to remove the statutory vested property rights set forth therein for the Property, and to reflect that statutory vested property rights may be created only in accordance with Chapter 17.42 of the Firestone Munic'pal Code. 2. Revised ODP map and text sheets shall be filed with the Town prior to further development of Tract L. 3. The revised ODP Map shall show a minimum building setback line as described in the Uniform Baseline Development Standards. 4. Maximum density for the PUD R-B area shall be 36 lots. 5. Seventy-five percent of the lots adjoining the west and north boundaries of the property shall be a minimum of 10,000 square feet. 4 � IIIIIIIIIillllllllllllllillllllllllllllilllllllllllllll 2871014 08/02/2001 12:33P JA Suki Tsukamoto 5 of 6. R 30.00 D 0.00 Weld County CO EXHIBIT B Rezoning/ODP Amendment Tract L, St. Vrain Ranch Subdivision, Filing V Legal Descriptions of Rezoned Areas 1. Area Rezoned to PUD R-B A part of Tract L of ST. VRAIN RANCH SUBDIVISION, FILING V, a subdivision located in the SW1/4 of Section 7, T2N, R67W of the 6th P.M., in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, described as follows: COMMENCING at the S1/4 Corner of said Section 7, from which the Southwest Comer of said Section 7 bears N89°28'42"W, 2335.58 feet (Basis of Bearing), thence N89°28'42"W, 2129.73 feet along the South Line of the SWIA of said Section 7 to the Southwest Corner of ST. VRAIN RANCH SUBDIVISION, FILING I, a subdivision located in the S 1/2 of said Section 7, in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, Thence N00°19'48"E, 50.00 feet along the Westerly Line of said ST. VRAIN RANCH SUBDIVISION, FILING I to the Southwest Corner of said Tract L; Thence continuing N00°19'48"E, 171.12 feet along the Westerly Line of said Tract L to the TRUE POINT OF BEGINNING; Thence N90°00'00"E, 164.39 feet; Thence N30° 16'38"E, 8.83 feet (to the Southerly Right-of-way Line of proposed Deerfield Circle); Thence Easterly, 44.39 feet along the arc of a curve concave to the North (and along the Southerly Right-of-way Line of said proposed Deerfield Circle) to a point tangent, said are having a radius of 84.00 feet, a central angle of 30°16'38", and being subtended by a chord that bears S74°51'41"E, 43.87 feet; Thence N90°00'00"E,143.00 feet (along the Southerly Right-of-way Line of said proposed Deerfield Circle) to a point of curve to the right, the point of intersection of which curve being along the Easterly Line of said Tract L; Thence Southeasterly, 31.42 feet along the arc of said curve and along the Easterly Line of said Tract L to a point tangent, said arc having a radius of 20.00 feet, a central angle of 90°00'00", and being subtended by a chord that bears S45100'00"E, 28.28 feet; Thence NG0°00'00"E, 115.00 feet along the Easterly Line of said Tract L to a point of curve to the right; Thence Northerly, 22.96 feet along the are of said curve and along the Easterly Line of said Tract L to a point of reverse curve to the left, said arc having a radius of 64.00 feet, a central angle of 20033'02", and being subtended by a chord that bears N 10° 16'31 "E, 22.83 feet; Thence Northerly, 16.50 feet along the are of said curve and along the Easterly Line of said Tract L to a point tangent, said arc having a radius of 46.00 feet, a central angle of 20°33'02", and being subtended. by a chord that bears N10° 1631 "E, 16.41 feet; Thence N00°00'00"E, 532,48 feet along the Easterly Line of said Tract L to a point of curve to the right; Thence Northerly, 428.03 feet along the arc of said curve and along the Easterly Line of said Tract L to a point tangent, said are having a radius of 1061.00 feet, a central angle of 23°06'51 ", and being R J !III!!! IIIII III!!I! IIII I!!!I! III I!!lIII III lIIII I!!! !II 2871014 08/02/2001 12:33P JA Suki Tsukamoto 6 of 6 R 30.00 D 0.00 Weld County CO subtended by a chord that bears N11°33'26"E, 425.13 feet; Thence N23°06'51 "E, 9.09 feet to the Northeasterly Corner of said Tract L; Thence N66°53'09"W, 7.00 feet along a Northeasterly Line of said Tract L to an angle point thereof; Thence S90°00'00"W, 394.38 feet along the Northerly Line of said Tract L to an angle point thereof; Thence Southerly, 684.68 feet along the arc of a curve concave to the East and along the Westerly Line of said Tract L to a point tangent, said arc having a radius of 3719.80 feet, a central angle of 10°32'46", and being subtended by a chord that bears S05°36'11 "W, 683.72 feet; Thence S0099'48"W, 409.43 feet along the Westerly Line of said Tract L to the TRUE POINT OF BEGINNING. Area = 9.421 acres, more or less. 2. Area Rezoned to PUD NC A part of Tract L of ST. VRAIN RANCH SUBDIVISION, FILING V, a subdivision located in the SW 114 of Section 7, T2N, R67W of the 6th P.M., in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, described as follows: COMMENCING at the S 1 /4 Corner of said Section 7, from which the Southwest Corner of said Section 7 bears N89°28'42"W, 2335.58 feet (Basis of Bearing), thence N89°28'42"W, 2129.73 feet along the South Line of the SWi/4 of said Section 7 to the Southwest Corner of ST. VRAIN RANCH SUBDIVISION, FILING I, a subdivision located in the S 112 of said Section 7, in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof, Thence N00019'48"E, 50.00 feet along the Westerly Line of said ST. VRAIN RANCH SUBDIVISION, FILING I to the Southwest Corner of said Tract L and the TRUE POINT OF BEGINNING; Thence continuing N00°19'48"E, 171.12 feet along the Westerly Line of said Tract L; Thence N90°00'00"E, 164.39 feet; Thence N30° 16'38"E, 8.83 feet (to the Southerly Right-of-way Line of proposed Deerfield Circle); Thence Easterly, 44.39 feet along the arc of a curve concave to the North (and along the Southerly Right-of-way Line of said proposed Deerfield Circle) to a point tangent, said arc having a radius of 84.00 feet, a central angle of 30°16'38", and being subtended by a chord that bears S74°51'41"E, 43.87 feet; Thence N90°00'00"E,143.00 feet (along the Southerly Right-of-way Line of said proposed Deerfield Circle) to a point of curve to the right, the point of intersection of which curve being along the Easterly Line of said Tract L; Thence Southeasterly, 31.42 feet along the are of said curve and along the Easterly Line of said Tract L to a point tangent, said arc having a radius of.20.00 feet, a central angle of 90°00'00", and being subtended by a chord that bears S45100'00"E, 28.28 feet; Thence S00°00'00"W, 125.47 feet along the Easterly Line of said Tract L to a point of curve to the right; Thence Southwesterly, 39.50 feet along the are of said curve and along the Easterly Line of said Tract L to a point tangent, said are having a radius of 2 5. 00 feet, a central angle of 909I'l8", and being subtended by a chord that bears S45°15'39"W, 35.52 feet; Thence N89°28'42"W, 349.97 feet along the Southerly Line of said Tract L to the TRUE POINT OF BEGINNING. Area = 63,919 square feet (1.467 acres), more or less. 6 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 �mm}'h I!lIIIIIIIlIIiI!lIIIIIIiiIIIIIIIIlI!lIIIIlilll(Illlii 741 I 2918741 01122120L2 01:18P JA Suki Tsukamoto 1 of 13 R 65.00 O 0.00 Weld County CO ORDINANCE NO. 71 P AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR A PORTION OF THE OAK MEADOWS P.U.D. WHEREAS, S.T. Firestone, LLC, as owner and applicant, has applied for an outline development plan amendment for the rezoning of approximately 35.98 acres of land located in the South One -Half of Section 6, Township 2 North, Range 67 West of the 6th P.M., which land is a Portion of the Oak Meadows P.U.D. and is hereinafter referred to as,.the "Property"; and WHEREAS, the application requested a rezoning of the Property from a Planned Unit Development, Neighborhood Center (PUD NC) zone district designation to a Planned Unit Development, High Density Residential (PUD' R-C) zone district designation for approximately 22.60 acres of the Property, and a PUD NC zone district designation for approximately 13.38 acres of the Property; and WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on April 18, 2001, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record; and WHEREAS, -all materials related to the proposed rezoning and ODP amendment have -been reviewed by Town Staff and 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, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on April 26, 2001; and WHEREAS, the Board of Trustees makes the following findings with respect to the proposed rezoning and ODP amendment: a. Additional properties have been annexed to the Town and zoned commercial since the Property was first annexed and zoned. These additional annexed commercial areas, particularly those planned at the intersection of Colorado Boulevard and Firestone Boulevard, reduce the need for commercial uses on the Property and support rezoning of the Property; b. The Property constitutes only a small portion of the property currently annexes to the Town and zoned for commercial or in uses. A rezoning of the Property to non-commercial uses will not significantly impact the Town's inventory of commercial and industrial property; Illllllllilllllllllllllllllllllllllllllll I IIIIII IIIII II 2918741 01/22/2002 01:18P ASuki Tsukamoto �. 2 of 13 R 65.00 D 0.00 Weld County CO C. The development of commercial retail uses on the Property may have a diluting effect on similar commercial retail centers planned at the intersection of Colorado Boulevard and Firestone Boulevard, and the Commission finds that it is appropriate to rezone the Property to avoid such potential effect; d. The rezoning of the Property to non-commercial uses will. not have a significant negative fiscal impact on the Town, as there are no other significant competing commercial retail facilities within another municipality in the area; and WHEREAS, the Board of Trustees finds the proposed rezoning and ODP amendment is consistent with the Town's plan for the area and should be approved subject to certain conditions; and WHEREAS, the Board of Trustees of the Town of Firestone, Colorado, finds that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of fae Town's ordinances and Development Regulations, and should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado does hereby approve the proposed -rezoning and outline development plan amendment for the Property, a portion of the Oak Meadows P.U.D., legally described on Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference, and the Town Board does hereby rezone those portions of the Property legally described on Exhibit C, attached hereto and incorporated herein by reference, to the land use categories set forth on Exhibit C, subject to such conditions set forth in Exhibit B. The Town zoning map shall be amended accordingly. Section 2. The approval herein is not intended and shall not be construed to create any statutory vested rights for any of the uses or densities approved under this rezoning. Statutory vested propertyrights may be created only in accordance with Chapter 17.42 of the Firestone Municipal Code. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL tl:is � day of , 2001. Rick Patterson Mayor 0 ATTEST: C� Cheri Andersen Town Clerk 4/25/2001 9:D4 AM 11FAOfficeTi estone10rd10akMeadowsODPamendBoard(approval).ord 111111111 HIM 111111111ME 11111111 Hill IIII IN 1 2918741 01/22/2002 01:18P JA Saki Tsukamoto of 13 R 65.00 D 0.00 Weld County CO 3 0 __.�__Ij- jj � rirrt ��� rrttt rtiri trr� f • Tsukamofo 002 01:18P JA 5uki 2918741 01122f2 4 of i3 R 65.000 D 0.00 Weld County CO 1*443.111.3111:1 Rezoning/ODP Amendment Oak Meadows P.U.D. 35.98-Acre Portion of Oak Meadows P.U.D. - Overali Legal Description EXIT A That portion of the south one half of Section 6, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Town of Firestone, County of Weld, State of Colorado, described as follows: The Basis of Bearings is the west line of the southwest one quarter of Section 6, Township 2 North, Range 67 West, of the Sixth Principal Meridian, as monumented with an aluminum cap PLS 28656 at the south end, and an illegible aluminum cap at the north end, and is assumed to bear N 00°22'35" E. Parcel E Commencing at the southwest corner of said Section 6; Thence N 00°22'3 5" E, along the westerly line of said Section 6 a distance of 59.38 feet; Thence S 89°3725" E a distance of50.00 feet to a point on the easterly right of way line of Weld County Road 13, (a.k.a. Colorado Blvd.) said point being the POINT OF BEGINNING: Thence N 00°22'3 5" E, along said right of way line 50 feet easterly of and parallel with the westerly line of said Section 6, a distance of 506.16 feet to the southwest comer of Tract T as shown on that Final Plat Oak Meadows P.U.D. Filing 1 recorded at Reception Number 2689867; Thence S 89°37'25" E, along the southerly line of said Tract T, a distance of 389.00 feet to the southeast corner of said Tract T; Thence N C10°22'35" E, along the easterly line of said Tract T, a distance of 204.85 feet; Thence N 89003'23" E a distance of 264.36 feet to a point of curvature; Thence along a curve to the left a distance of 148.74 feet to a point of reverse curvature, said curve having a radius of 492.38 feet, a delta angle of 17°18'28", and a chord distance of 148.17 feet which bears N 80024'09" E; Thence along a curve to the right a distance of 90.71 feet to a point of non tangent curvature on the westerly right of way line of Oak Meadows Boulevard as shown on said Final Plat Oak Meadows P.U.D. Filing 1, said curve having a radius of 942.66 feet, a delta angle of 5°30'48", and a chord distance of 90.67 feet which bears N 74'30'19" E; Thence along said westerly right of way the following five (5) courses: 1. Thence along a curve to the left a distance of 135.50 feet, said curve having a radius of 4 r�� - � it III IIIII illl llil� liilll iilll lliliil III Ililll lilill III , 41 a 59off7 13 R 65.00 0 D 0.00 Weld County CO amoto 327.00 feet, a delta angle of 23°44'33", and a chord distance of 134.54 feet which bears S 30°02'56" E; 2. Thence S 41°55'13" E a distance of265.00 feet to a point of curvature; 3. Thence along a curve to the right a distance of 242.48 feet, said curve having a radius of 323.00 feet, a delta angle of 43°00'44", and a chord distance of 236.82 feet which bears S 20°24'50" E; 4. Thence N 88054'28" W a distance of 7.00 feet; 5. Thence S 01°05'32" W a distance of 190.18 feet to the northeast comer of Tract Q of said Final Plat Oak Meadows P.U.D. Filing 1; Thence N 88°54'28" W, along the northerly line of said Tract Q, a distance of 37.81 feet to the northwest corner of said Tract Q; Thence S 02°25'59" W, the westerly line of said Tract Q, a distance of 46.21 feet to a point on the northerly right of way line of Weld County Road 24 (a.k.a. Firestone Blvd.); Thence along said northerly right of way line the following four (4) courses: 1. Thence N 87°34'01" W a distance of 643.28 feet to a point of curvature; 2. Thence along a curve to the left a distance of 187.43 feet, said curve having a radius of 1530.00 feet, a delta angle of 7'01'08", and a chord distance of 187.31 feet which bears S 88055'25" W; 3. Thence S 85°24'51" W a distance of 211.28 feet; 4. Thence N 88°54'28" W a distance of 127.54 feet to the POINT OF BEGINNING. Containing 16.553 acres, more or less. TOGETHER WITH Parcel F Commencing at the southwest corner of said Section 6; Thence S 88°5428" E, along the south line of said Section 6, a distance of 2212.63 feet; Thence N 01°05'32" E a distance of 60.00 feet to a point on the northerly right of way line of Weld County Road 24 (aka Firestone Blvd.), said point being the POINT OF BEGINNING, Thence N 88°54'28" W, along said northerly right of way line, a distance of 442.58 feet; Thence N 87°34'01" W, continuing along said right of way, a distance of 408.84 feet to the southeast corner of Tract R of said Final Plat Oak Meadows P.U.D. Filing 1; Thence N 02°25'59" E, along the easterly line of said Tract R, a distance of 49.59 feet to the northeast corner of said Tract R; Thence N 88°54'28" W, along the northerly line of said Tract R, a distance of 38.27 feet to a point on the easterly right of way line of Oak Meadows Boulevard as shown on said Final Plat Oak Meadows 11 �----- i41i4iillli41ii444i4i41i4i�llllii44ii1414ii4 11ii444 ii44 fl1:18P JA Suki Tsukamoto J 187�41 0112212002of 13 fi G5.00 D 0.0fl Weld County CO P.U.D. Filing 1; Thence along said easterly right of way line the following five (5) courses: 1. Thence N 01 °05'32" E a distance of 190.18 feet; 2. Thence N 88°54'28" W a distance of 7.00 feet to a point of non tangent curvature; 3. Thence along a curve to the left a distance of 283.02 feet, said curve having a radius of 377.00 feet, a delta angle of 43100'44", and a chord distance of 276.42 feet which bears N 2V24'50" W; 4. Thence N 41 °55' 13" W a distance of 265.00 feet to a point of curvature; 5. Thence along a curve to the right a distance of 106.39 feet to a point of non tangent curvature on the southerly boundary of said Oak Meadows P.U.D. Filing 1, said curve having a radius of 273.00 feet, a delta angle of 22° 19'45", and a chord distance of 105.72 feet which bears N 30°45'20" W; Thence along a curve to the right, along said southerly line, a distance of 320.12 feet, said curve having a radius of 942.66 feet, a delta angle of 19°27'27", and a chord distance of 318.59 feet which bears S 89°41'46" E; Thence S 79°58'03" E a distance of 240.71 feet to a point of curvature; Thence along a curve to the right a distance of 85.69 feet to a point of reverse curvature, said curve having a radius of 832.66 feet, a delta angle of 5053'48", and a chord distance of 85.66 feet which bears S 77°01'09" E; Thence along a curve to the left a distance of 199.62 feet, said curve having a radius of 1097.34 feet, a delta angle of 10025'23", and a chord distance of 199.35 feet which bears S 79°16'57" E; Thence S 84°29'38" E a distance of 389.51 feet; Thence N 05°39'12" E a distance of 100.00 feet; Thence S 84°29'38" E a distance of 54.00 feet; Thence S 05°39'12" W a distance of 100.00 feet; Thence S 84°29'38" E a distance of 318.07 feet to a point on the westerly line of that parcel of land recorded at Reception Number 2538622; Thence S 30°21'00" W, along said westerly line, a distance of 742.12 feet to the POINT OF BEGINNING. Containing 19.431 acres, more or less. T . 11lll11111111111111111111111111111111111111111111111111JA Suk; TsukarnOto 2918741 0112212002 01.18P 7 of 13 R 65.00 U o.00 Weld County CO EXHIBIT B Rezoning/ODP Amendment Conditions of Approval 1. Adjust ODP Map to show only those areas being amended. 2. Add Firestone information block to the cover sheet 3. The acreages on the map, the legal description, and the text needs to be consistent. 4. The concept for Parks, Trails, and Open Space should be specified for the residential tracts. 5. Single family dwelling units shall be limited to the northern one -quarter of the rezoned residential area. 7 11112918741 01/22/2002 01,18P JA Su ' IN 8 of 13 R 65.00 D 0A0 Weld County Co amoto EXHIBIT C Rezoning/ODP Amendment Oak Meadows P.U.D. Legal Descriptions of Rezoned Areas 1. Area Rezoned to PUD R-B That portion of the south one half of Section 6, Township 2 North, Range 67 West, of the Sixth Principal Meridian, Town of Firestone, County of Weld, State of Colorado, described as follows: The Basis ofBearings is the west line of the southwest one quarter of Section 6, Township 2 North, Range 67 West, of the Sixth Principal Meridian, as monumented with an aluminum cap PLS 28656 at the south end, and an illegible aluminum cap at the north end, and is assumed to bear N 00°22'35" E. Commencing at the southwest comer of said Section 6; Thence S 88°54'28" E, along the south line of said Section 6, a distance of 2212.63 feet; Thence N 01°05'32" E a distance of 60.00 feet to a point on the northerly right of way line of Weld County Road 24 (a.k.a. Firestone Blvd.), said point being the POINT OF BEGINNING. Thence N 88°54'28" W, along said northerly right of way line, a distance of 442.58 feet; Thence N 87034'01" W, continuing along said northerly right of way he, a distance of 438.13 feet to a point of non tangent curvature on the easterly right of way line of Oak Meadows Boulevard as shown on said Oak Meadows P.U.D. Filing 1 recorded at Reception Number 2689867; Thence along a curve to the right, along said easterly right of way line, a distance of 25.46 feet, said curve having a radius of 40.00 feet, a delta angle of 36°28'05", and a chord distance of 25.03 feet which bears N 17°08'3 V W; Thence N 01°05'32" E, continuing along said easterly right of way line, a distance of 215.29 feet; Thence N 38°54'28" W, continuing along said easterly right of way line, a distance of7.00 feet to a point of non tangent curvature; Thence along a curve to the left, continuing along said easterly right of way line, a distance of 283.02 feet, said curve having a radius of 377.00 feet, a delta angle of 4300044", and a chord distance of 276.42 feet which bears N 20°24'50" W; Thence N 41 °55' 13" W, continuing along said easterly right of way line, a distance of 265.00 feet to a point of curvature; , I41144 4141441III4144111111144 111 I ll114411441IIIIII4 441 2918741 0112212002 01.18R ASaki isukamoto 9 of 13 R 65.00 �D 0.00 Weld County CO Thence along a curve to the right, continuing along said easterly right of way line, a distance of 106.39 feet, said curve having a radius of 273.00 feet, a delta angle of 22019'45", and a chord distance of 105.72 feet which bears N 30°45'20" W to the southwest comer of Block 14 of said Oak Meadows P.U.D. Filing 1, said point being a point of non tangent compound curvature; Thence along a curve to the right, along the southerly line of said Block 14 Filing 1 and along said southerly line extended, a distance of 320.12 feet, said curve having a radius of 942.66 feet, a delta angle of 19°27'27", and a chord distance of 318.59 feet which bears S 89°41'46" E; Thence S 79°58'03" E a distance of 240.71 feet to a point of curvature; Thence along a curve to the right a distance of 85.69 feet, said curve having a radius of 832.66 feet, a delta angle of 5°5348", and a chord distance of 85.66 feet which bears S 77°01'09" E to a point of reverse curvature; Thence along a curve to. the left a distance of 199.62 feet, said curve having a radius of 1097.34 feet, a delta angle of 10°25'23", and a chord distance of 199.35 feet which bears S 79°16'57" E; Thence S 84°29'38" E a distance of 389.51 feet; Thence N 05'39'12" E a distance of 100.00 feet; Thence S 84°29'38" E a distance of 54.00 feet, Thence S 05°39'12" W a distance of 100.00 feet; Thence S 84°29'38" E a distance of 318.07 feet to a point on the westerly line of that parcel described at Reception No. 2538622; Thence S 30°21'00" W, along said westerly line, a distance of 742.12 feet to a point on the northerly right of way line of Weld County Road 24 as shown on Oak Meadows P.U.D. Filing 1 recorded at Reception Number 2689867 and the POINT OF BEGINNING. Containing 19.473 acres, more or less. Said parcel being subject to any and all easements, rights of way, variances and or agreements as of record may appear. 9 III III 2918741 01/22/2002 01:18P JA Suki Tsukamoto 10 of 13 R 65.00 0 0.00 Weld County Co 2. Area Rezoned to PUD NC That portion of the south one half of Section 6, Township 2 North, Range 67 West of the Sixth Principal Meridian, Town of Firestone, County of Weld, State of Colorado, described as follows: The Basis of Bearings is the west line of the southwest one quarter of Section 6, Township 2 North, Range 67 West, of the Sixth Principal Meridian, as monumented with an aluminum cap PLS 28656 at the south end, and an illegible aluminum cap at the north end, and is assumed to bear N 00°22'35" E. BEGINNING at the southeast corner of Tract T, Oak Meadows P.U.D. Filing 1 recorded at Reception Number 2689867, from whence the southwest comer of said Section 6 bears S 38011'48" W a distance of 715.93 feet, more or less; Thence N 00022'3 5" E, along the easterly line of said Tract T, a distance of 204.85 feet; Thence N 89003'23" E, departing said easterly line of said Tract T, a distance of 264.36 feet to a point of curvature; Thence along a curve to the left a distance of 148.74 feet, said curve having a radius of 492.38 feet, a delta angle of 1798'28", and a chord distance of 148.17 feet which bears N 80°24'09" E to a point of reverse curvature; Thence along a curve to the right a distance of 90.71 feet, said curve having a radius of 942.66 feet, a delta angle of 590'48", and a chord distance of 90.67 feet which bears N 7490'l9" E to a point on the westerly right of way line of Oak Meadows Boulevard as shown on said Oak Meadows P.U.D. Filing 1, said point also being a point of non tangent reverse curvature; Thence along a curve to the left, along said westerly right of way line, a distance of 135.50 feet, said curve having a radius of 327.00, a delta angle of 23°44'33", and a chord distance of 134.54 feet which bears S 30°02'56" E; Thence S 41 °55' 13" E, continuing along said right of way line, a distance of 265.00 feet to a point of curvature; Thence along a curve to the right a distance of 17.49 feet, said curve having a radius of 3 23. 00 feet, a delta angle of V0609", and a chord distance of 17.49 feet which bears S 40°22'08" E to a point of non tangency; Thence S 66' 10'50" W, departing said right of way, a distance of 222.69 feet; Thence N 90°00'00" W a distance of 123.19 feet; 10 l Ilillll III Iliill Illill IIIII III HIM III IN l 291871874101/2212002 fl1 :18P JA Suld TSUkaM010 ii of 13 R 65.00 D 0.00 Weld Caunty CO Thence N 58°24'57" W a distance of 221.18 feet Thence N 79`'50'25" W a distance of 243.37 feet to the POINT OF BEGINNING: Containing 4.474 acres, more or less. Said parcel being subject to any and all easements, rights of way, variances and or agreements as of record may appear. 11 1 y *=T T--- t N89'03'2YE 264 --i---- P.OB.j �sa Planning 2�t-37' Area 4 R150.00' Well Setback Fitestane Blvd (WcMC-aty Road24) !7- PA 4 4.474 ac (P.U.n. N Q l 54,00' � I lid I (Typical) I S7g•5g. f ---------- C5 y'ri. 20.00' PIPELJNE EASEMENT�����-, t I REr No. 2888881 ! i i Sa429'38'E 389.5i' S84'28 38'E EJ 31B. 16 50' AT&T Easement Bk 1078 Pg 71 `R150.00' Well Setback i �e ' , N PA I �� ti 19.473 ac � ' L1 (P.U.D. R-H) `g 1 IsiiACT A ) Z TMCT n 20.00' Wateffm Eg9ement P.09. r-- Rego No. 2688883 Planning -------4 - --_2EZ34,011W 438.13' Arga 8 NBS'S4'28'W 442-W N SW54128'� 2 Line 1.97' not 057T s 1/4 Gar 2217-ItY . _. 60.00' ,Lsk 6 Curve Table CURVE LENGTH RADIUS DELTA CHORD JCHORD BEARING C1 25.46 40-GO 36-28'05" 25.03 S17'08'31"E C2 283.02 377.00 43'00'44" 276.42 N20'24'50'W C3 195.39 "273.00 22'19'45' 105.72 S3945'20"E C4 320.12 942.86 19'27'27' 318.59 N89'41'46'W C5 85.69. 832.68 05'53'4B" 85.66 N77'01'09"W C6 199.62 1097,34 10'25'23' 199.35 S79'16'57'E C7 148.74 492.38 17'18*28" 148.17 N80'24'09"E C8 90.71 942.66 05*30'48' 90.67 S7430'19"W C9 135.50 327.00 23'44'33" 134.54 S30'02.56" C10 17.49 323.00 03'06'09' 17.49 N40' 2'08'W North o moo aoo orfphlo P.wt 1 1-h fr-t Line Table LINE BEARING LENGTH L1 NB8'54'28'W 7.00 L2 N05'39'12E 100.00 L3 S84'29'38'E 54.00 L4 S05'39'12"W 100_DO L5 h O'00'00'E 123.19 Sheet 4 of 4 L North SR2-3Yzs1= 50.00' 52-W 1 sd pp 0 0 OakLdnda FMn Faw 1 AWm Cap PLS 28656 Curve Table CURVE LENGTH I RAMS DELTA I CHORD CHORD BEARING C1 -148.74 492-38 17-18'78"1 148.17 N84'24'09"E C2 90-711 942.66 05'30' 90.67 N74' '19"E C3 135.501 327.00 23-4433" 134.54 S30'02' 6'E C4 242.481 323.00 43'00'44" 236.82 S20'24'50"E C5 187.43 1530.00 07'01'08" 187.31 S8955'25'W C6 283.02 377.00 43'00'44" 276.42 N2924'S0"1W C7 106.39 273.00 22'19'45" 105.72 N30'45'20'W C8 320.12 942.66 19"27.27- 316.59 S 9-41.46"E C9 $5.69 832.66 05'S3'46' 85.66 S7TO1'09"E C10 199-62 1097.34 25 10''23" 199.35 S79'16'57"E ra�sxn v 0 90o -Boo dr�p�.ln 6n�1� In PM! 7 tnah . .a00 *��t S1/4 Co Sec 6 Pin & Cop PLS 116W Sheet 4 of 4 Line Table LINE BEARING LENGTH L1 N Or22'35 E 204.65 L2 N89'03'23"E 264.36 L3 S41'55' 13'E 265.00 L4 N88'54'28'W 7.00 L5 S01'05'32"W 190.18 L6 88'54'26'W 37.81 L7 02725' 46.21 L8 S85' 4'51'1W 211.28 L9 N 54'28`W 127-54 L10 NOT25*59'E 49.59 L11 88'54'281N 38.27 L12 N01'05'32'E 190.16 L13 N88'54'28'W 7.00 L14 N41'55'13W 265-00 L15 NOS'39'12"E 100.00 Lib S84 29'38E 54.00 L17 S05'39'12°W 100.00 4 V Y r tlE �CLT n The Town of Firestone 151 Grant Avenue P:O. Box 100 Firestone, CO 80520 ORDINANCE NO. Y to -ao-oi AN ORDINANCE ESTABLISHING A PARKS AND TRAILS ADVISORY BOARD TO THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees desires to create a Parks and Trails Advisory Board; and WHEREAS, the Board of Trustees by this ordinance desires to delineate the powers, duties and responsibilities of the Parks and Trails Advisory Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. Title 2 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 2.58 to read as follows: Chapter 2.58 PARKS AND TRAILS ADVISORY BOARD Sections: 2.58.010 Created. 2.58.020 Purpose. 2.58.030 Members. 2.58.040 Qualification of Members. 2.58.050 Organization and rules. 2.58.060 Staff and finances. 2.58.070 Powers and duties. 2.58.010. Created. Pursuant to the authority conferred by applicable laws of the state, there is created a parks and trails advisory board for the town. 2.5 8.020. Parks and Trails Advisorry Board —Purpose. The parks and trails advisory board shall have as its general purpose to provide input, advice and recommendations on park and trail issues of concern to the Town and its citizens in order to help provide for the harmonious development of the town, its parks, trails and environs in a manner which will best promote the health, safety, and the general welfare of the citizens of the town. 1 d 1• -f 2.58.030. Members. The parks and trails advisory board shall consist of five members as follows: The commissioner of parks and recreation, who shall serve as the chair of the parks and trails advisory board. The chair's term shall run concurrently with his or her assignment as commissioner of parks and recreation, and so long as he or she is a member of the board of trustees. The remaining four members of the parks and trails advisory board shall be appointed by the mayor and confirmed by the board of trustees. The, terms of the four members shall be as follows: 2 two year terms, 1 three year term, and 1 four year term. Any vacancy in membership shall be filled by appointment by the mayor and confirmed by the board of trustees. Initial appointments to the board shall be made within 30 days of the effective date of this ordinance. 2.58.040. Qualifications of Members. All members of the parks and trails advisory board shall be bona fide residents of the town, and if any member ceases to reside in the town, his or her membership shall immediately terminate. All members of the board shall serve as such without compensation. Members other than the commissioner of parks and recreation may be removed, after public hearings, by the mayor for ineffi ciency, neglect of duty, or malfeasance in office, and the board of trustees may remove the commissioner from the board for the same reasons. 2.58.050. Organization and rules. The parks and trails advisory board shall hold regular meetings at least quarterly. The board shall at its first meeting each year choose a vice -chairperson and secretary from among its members and shall fill ar.,y vacancy in such offices. All meeting of.the board shall be held in accordance with the Open Meetings Law. Special meetings may be called at any time by the chairperson or two members of the board upon giving 48 hours notice of the special meeting to the board members. The board shall keep minutes and records of its meetings and transactions. Three members of the board shall constitute a quorum, and an affirmative vote of a majority of those present constituting a quorum shall be sufficient to authorize any action of the board. The board shall have the power to adopt bylaws and rules and regulations for the conduct of its business consistent with the provisions of the Firestone Municipal Code and state law. 2.58.060. Staff and finances. The commissioner of parks and recreation and town administrator shall coordinate and direct staff efforts for and on behalf of the parks and trails advisory board. Any expenditures made by the board shall be authorized by the board of trustees or its designee, as provided herein, and shall be within the amounts appropriated by the board of trustees. Such appropriated amounts shall be in the exclusive discretion of the board of trustees. The commissioner of parks and recreation and the town administrator shall have the authority to authorize expenditures for and on behalf of the board within limits set 2 r forth in the town's purchasing policies. All other expenditures, and all commitments of funds and contracts proposed or recommended by the board, shall be subject to the approval of the Town Board. The parks and trails advisory board shall be provided with a detailed quarterly report of revenues, expenditures and appropriations for park purposes. 2.58.070. Powers and duties. The parks and trails advisory board shall have such powers and duties as are set forth herein and as the board of trustees may otherwise provide for from time to time. The board's powers and duties shall include the following: A. Review and recommend park and trail improvements and projects for Town properties; B. Investigate and make recommendations regarding project budgets., suppliers, materials and related matters for park improvements and park projects; C. From time to time review and make recommendations to the board of trustees respecting the town's parks master plan; D. Provide comments to the board of trustees and/or planning staff on development proposals for land immediately adjacent to or materially impacting town park properties; E. Provide input on the location of trails and paths on park lands; F. Make recommendations to the board of trustees on operation or maintenance of town parks and use of town trails; and G. Provide a forum for citizen input and comment on parks and trails issues, and provide to the board of}trustees reports and recommendations resulting for any such forum; and H. . Suggest grant providers. Provide any additional recommendations to the board of trustees on parks and trails issues that the advisory board finds appropriate; and I. Keep abreast of grant opportunities, have input into the grant process, and identify and recommend funding sources for capital improvement projects; and J. Participate as a referral agency in the review of parks and trails proposed for construction in new subdivisions, paying particular attention to the . FDP phase of development. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. 3 Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion, hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Jj"day of lone. 12001. 4 TOWN OF FIRESTONE, COLORADO Rick Patterson ANS-�OmivkNMayor Attest: chere Andersen Town Clerk IIIIIIII IIII 11111111II IIIIII III Iilllill 111 111111111 IN 2890110 10/05/2001 03:34P JA 5uki Tsukamoto 1 of ; 4 R 20.00 0 0.00 Weld County CO f 111100 J ORDINANCE NO. �C73 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR A 47.5-ACRE TRACT OF LAND KNOWN AS THE PROPOSED SADDLEBACK VISTAS DEVELOPMENT WHEREAS, Eastpark III, a Colorado general partnership, and -HEMCO Realty, Inc., as owner and applicant, have applied for a rezoning of approximately 47, 5 acres of land located in the East One -Half of Section 19, Township 2 North, Range 67 West of the 60' P.M., which property is legally described on Exhibit A attached hereto and is known as the proposed Saddleback Vistas development, and is hereinafter referred to as the "Property"; and WHEREAS, the applicant has requested a rezoning of the Property from an R 1, Low Density Residential, zone district designation to a Planned Unit Development, High Density Residential (PUD R-C) zone district designation, and has submitted a proposed outline development plan in connection therewith; and WHEREAS, all materials related to the proposed rezoning and outline development plan have been reviewed by Town Staff and 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, regulations, and policies; and W-IEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on June 20, 2001, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part ofthe record; and WHEREAS, the Board of Trustees considered the proposed rezoning and outline development plan at a duly noticed public hearing held on June 25 2001; and VA'HEREAS, the Board of Trustees finds the proposed rezoning and outline development are consistent with the Town's plan for the area and should be approved subject to certain conditions; and WHEREAS, based on the testimony of the witnesses and the documents made a part of the record of the public hearing, the Board of Trustees finds that the applicant has demonstrated that the proposed rezoning and outline development plan meet the applicable criteria of the Town's ordinances and Development Regulations, and should be approved subject to certain conditions. WHEREAS, no protests were received pursuant to C.R.S. § 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN -OF FIRESTONE, COLORADO: I II1111 IIIII IlllllE III IIIIII ill 1111111E 11111111 IN 1111 2890110 10/05/2001 03:34P JA Suki Tsukamoto 2 of 4 R 20.00 D 0.00 Weld County 10 Section 1. That certain property known as the proposed Saddleback Vistas development, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby rezoned from R-1, Low Density Residential to Planned Unit Development, High Density Residential (PUD R-C) pursuant to the zoning ordinances of the Town and subject to and in accordance' with the Saddleback Vistas Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which ODP shall be placed on file with the Town. The Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the PUD Outline Development Plan for Saddleback, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. INTRODUCED, READ, .ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this c;l�ay of U n f! . ' , 2001. �c�•pVVN.��. •e ATTEST: t, �C i �9in (Llevs"0.0,c Cheri Andersen Town Clerk PA Rick Oatterson . Mayor ' �I � II�III I�II� II�IIII ��� �IIIII Ili Ill�lli� III �II�� IIII li�l 2890110 10/05/2001 03:34P JA Suk! Tsukamoto 3 of 4 R 20.00 D 0.00 Weld County CO EXHIBIT A Legal Description THAT PORTION OF THE E 112 OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6Tx P.M., TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS ; BEGINNING AT THE SE CORNER OF SAID SECTION; THENCE ALONG THE SOUTH LINE OF THE SE 114 OF SAID SECTION S 89 DEGREES 40' 59" W 341.38 FEET; THENCE N 00 DEGREES 19' 01" W 50.00 FEET; THENCE N 43 DEGREES 00'00" W 753.00 FEET; THENCE N 02 DEGREES 00' 00" W 708.21 FEET; THENCE S 88 DEGREES 00' 00" W 179.90 FEET TO THE EASTERLY RIGHT OF WAY LINE OF THE SOUTH PLATTE SUPPLY CANAL; THENCE ALONG SAID RIGHT OF WAY LINE THE FOLLOWING TEN COURSES: THENCE N 46 DEGREES 02' 09" E 344.20 FEET; THENCE N 28 DEGREES 05' 09" E 148.30 FEET: THENCE N 05 DEGREES 23' 09" E 123.20 FEET; THENCE N 39 DEGREES 45' 51" W 179.60 FEET; THENCE N 28 DEGREES 45' 51" W 48.50 FEET; THENCE N 61 DEGREES 14' 09" E 5.00 FEET; THENCE N 28 DEGREES 45' 51" W 319.50 FEET; THENCE N 48 DEGREES 14' 09" E 635.50 FEET; THENCE S 41 DEGREES 55' 5I" E 30.00 FEET; THENCE N 48 DEGREES 14' 09" E 570.66 FEET TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE S 01 DEGREES 51' 36" E 3038.83 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 47.5 ACRES, MORE OR LESS. 3 iilli Illilil III illlil Ili Illlliil III lilll illl liil I liilll 03:34P JA 5ukl Tsukamoto 2890110 10/0512001 4 of 4 R 20.00 O 0.00 Weld County CO EXHIBIT B Rezoning/Outline Development Plan 47.5-Acre Saddleback Vistas Property Conditions of Approval 1. Place the ODP text on a 2406 inch sheet. 2. Note that the property is currently zoned R-1, not R-A. 3. In addition to the height limitation, note that the maximum development height is two stories, specifically because of the overall narrowness of,the.parcel. 4. The Vicinity Map needs to show the Firestone Street names and the local streets can be removed. 5. Show the current access to the oil wells and the route of the flow line and other equipment. 6. On the ODP map, note Road 15 as Frontier Street. 7. Delete the "Transportation Plan" at this time. 8, The information on the "Utility Plan" can be added to the ODP map. 9. In the Park Development section, add at the end of the third sentence..." or to the HOA, which shall be determined by the Town".., Also, add a statement that cash -in -lieu may be considered as appropriate for this development, due to its close approximately to Hart Park. 10. The traffic study will need to be updated at the time of Preliminary Development Plan. 11. The property will need to petition for inclusion into the Carbon Valley Recreation District. 12. The rezoned area shall be subject to the public land dedication requirement in effect at the time of platting, which requirement is currently 10 percent. 13. The maximum gross density shall be limited to 20 DUs per acre. 6/21/01 4:10 PM[bt]f.\OFFICE\Firestone\OrdlSaddlebackVistasRezoningBoard(approva).ord J\ Wm 40 The Town of Firestone r 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 ORDINANCE NO. AN ORDINANCE APPROVING CERTAIN AMENDMENTS TO THE INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J AND MAKING CERTAIN AMENDMENTS TO THE FIRESTONE MUNICIPAL CODE IN CONNECTION THEREWITH. WHEREAS, the Town of Firestone and the St. Vrain Valley School District RE-IJ have entered into an Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, dated June 21, 1997 (the "IGA"); and WHEREAS, pursuant to Ordinance No. 367, certain provisions were added to Titles 16 and 17 of the Firestone Municipal Code concerning Fair Contributions to Public School Sites; and WHEREAS, pursuant to the IGA, the District has provided to the Town its year 2000 annual report describing the District's use of funds during the preceding fiscal year and containing other information as required by Section 6 of the IGA; and WHEREAS, the report recommends certain amendments to the IGA, including changes in the amounts of cash -in -lieu contributions for public school sites and changes related to the dedication and conveyance of land for public school sites; and WHEREAS, the Board of Trustees and received the District's report and reviewed the proposed amendments to the IGA, and finds that such amendments meet the intents and purposes of requiring Fair Contributions for Public School Sites, and that such amendments are reasonable and necessary to protect, enhance and preserve the public health, safety and welfare of the Towns citizens; and WHEREAS, the Board of Trustees by this Ordinance desires to approve such amendments to the IGA and make corresponding amendments to the Firestone Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: S�ctinn 11. The Board of Trustees hereby approves the First Amendment to the Intergovernmental Agreement Concerning Fair Contributions for Public School Sites Between the Town of Firestone and the St. Vrain Valley School District Re-1J in essentially the same form of such First Amendment that is attached hereto as Exhibit A. ectiQn 2. The Mayor and Town Clerk are authorized to executed such First Amendment on behalf of the Town. A true copy of the fully executed First Amendment shall be deposited with the Clerk of the Town and available for public inspection at the Clerk's Office. 1 �Pctinn . Subsection 16.04.060.0 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are stricken thrungh): 16-04_060 Fair Contribution for Public School Sites, C. In the event the Fair Contribution for Public School Sites includes the dedication of land, the subdivider shall provide to the Town, prior to recording of the final plat, proof that ;uch dedication has been made to the School District in accordance with.the following requirements: 1. The subdivider has .conveyed to the School District by general warranty deed title to the land slated for dedication, which title is free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the School District), including without limitation, real property taxes, which will be prorated to the date of conveyance or dedication_ The subdivider shall also enter into a contract with the. School District for the sale and purchase of real nronertv__enntain�ing custOM;)j)� terms for the land which is heing conyeyLd to or pumbased hy the School District; and 2. At the time of conveyance, the subdivider has provided a title insurance commitment and policy in an amount equal to the fair market value of the dedicated property; and I Arrangements have been made such that at the appropriate time, and not later than the issuance of the first building permit for the subdivision, the subdivider shall pay or provide for the payment of one-half of street development costs, and shall either provide or pay or make provision for payment of the costs associated with making improvements for water, sewer, and utilities stubbed to the dedicated land, and for overlot grading of the dedicated land. The Subdivider shall also have fumished any off -Site easements that the School District needs to develop the site- 4- The land being dedicate or rnnveved to the School District shall he 5. The suhdivider conv'eyi_ng the land to the School District shall satisfy the Town's water rights dedication requirement for the estimated Vatable wate demand for the land to be conyeyLd Such re'Q11irement shall he calculated by th lown d on the Schad District's proposed uses, and shall he satkfied prior to conve)ang the pa�� T to the School District_ The_ own at all times and a tios a condin of water service shall have the right to require the District or its successors dedicate additional water rights or, at the Town's option, pay cash in lieu therent in the event actual water use on the prong exceeds the estimated nnfahle water demand, as calculated by the Town_ 6 In addition ,to ,the lands dedicated or conveyed, thesllhdiYider shall nravide to the School District the right to purchase lands adjacent at their fair market value so that the dedicated or conveyed and purchased lands together form a ynotiWinu,, I)arcel which meets the School District's land area recpnr . eme ts ligted in FYhiL A A I]'gbt to first nnrchase shall he granted to the School District for__a 2 &rfion 4. Subsection 16.04.060.E of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; wards deleted are stricken tinough): 1 h.04_060 Fnir Contribution for Public School Sites, E. Effective Aupst 2. 2001, the following Tables E.1 through E.5, containing Schcol Planning Standards and Calculations of In Lieu Fees, shall be used to determine the Fair Contribution for Public School Sites required for the various occupancies addressed in such tables: SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.1 SINGLE-FAMILY Number of Units Elemen- 100 tary Middle 100 level High 100 school Total 100 Acres ProjectedStudent Site Size of Land Developed StudentFacility Standard Contri- Land YieldStandard Acres bution Value 0:35 525 10 0.67 $25,100 35 $35,000 0.14 750 25 0.47 $2g,3:00 14 $35,000 0.17 1200 5049 0.710 r57 $ 0 17 $35,000 66 i.:70 $25,188 1.84 $35,000 Single -Family Student Yield is .66 Cash - in -lieu Contri- bution $42,670 $64,458 $64542,� per unit SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.2 DUPLEX/TRIPLEX Acres Cash - Number ProjectedStudent Site Size of Land Developed in -lieu of StudentFacility Standard Contri- Land Contri- Units YieldStandard Acres bution Value bution Elemen- 100 0.37 525 10 0.70 $2514:80 tary 37 $35,000 Middle 100 0.11 750 25 0.37 $25,ioo level 11 $35,000 High 100 0.08 1200 504-0 0,330 2:7 $2=,100 school 8 $35,000 Total 100 56 1r34 $25 499 02'9@6 1.40 $35,000 $49,167 Duplex/Triplex Student Yield is .56 $492-3-16 per unit 3 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.3 MULT-FAMILY Acres Number ProjectedStudent Site Size of Land Developed of StudentFacility ,standard Contri- Land Units YieldStandard Acres bution Value Elemen- 100 0.15 525 10 0.29 $2g,100 tary 15 $35,000 Middle 100 0.08 750 25 0.27 $25490 level 8 $35,000 High 100 0.02 1200 5044 0.080 07 $25,log school 2 $35,000 Total 100 25 .62 $25,100 .54 $35,000 Multifamily Student Yield is .25 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE E.4 CONDO/TOWNHOUSE Acres Number ProjectedStudent Site Size of Land Developed of StudentFacility Standard Contri- Land Units YieldStandard Acres bution Value Elemen- 100 0.13 525 10 0.25 $25,-100 tary 13 $35,000 Middle 100 0.11 750 25 0.37 $35,190 level 11 $35,000 High 100 0.05 1200 5048 0.210 17 $25,100 school 5 $35,000 Total 100 29 .74 $25,190 .82 $35,000 Condo/Townhouse Student Yield is .29 4 Cash - in -lieu Contri- bution $2 $22,250 $2231-5-5 per unit Cash - in -lieu Contri- bution $2 $28,792 $2881-94 per unit Elemen- tary Middle level High school Total SCHOOL PLANNING STANDARDS 707D CALCULATION OF IN LIEU FEES TABLE E.5 MOBILE HOME Acres Number ProjectedStudent Site Size of Land of StudentFacility Standard Contri- Units YieldStandard Acres bution 100 0.26 525 10 0.50 26 100 0.07 7 100 0.09 9 100 42 Mobile Home Student Yield is .42 750 25 0.23 1200 5049 0.380 39 i 03 1.10 Developed Land Value $25,i00 $35,000 $0 $35,000 $25,1-00 $35,00D $2-ST1QQ $35,000 Cash - in -lieu Contri- bution $25,817 $38,625 $3862-5-a per unit Section S. If any portion of this ordinance is held to be invalid for any reason, such decision shall -not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED,. AND ORDERED PUBLISHED 1N FULL thisaAy of 'j on C_ , 2001. '0 N A � . 'S Attest: Cheri Andersen Town Clerk 6/26101 6:07 PM[sjl]F:IOfficc\Firestone\Ord\Schoo]IGAAmendments.ord A TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor 665 . I IIIIII Illll lllIIII IIII IIII IIIIIII IIIII .III IlIII IIlI III 2928665 02/27/2002 02:46P ,!A 5uki Tsukamoto 1 of 3 R 15.00 0 0.00 Weld County CO ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE FIRESTONE TRAIL ANNEXATION NO. 2 TO THE TOWN OF FIRESTONE, COLORADO 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 Annexation No. 2 to the Town of Firestone; and WHEREAS, the Town Board, by Resolution, has adopted its findings in regard to the eligibility of such property for annexation to the Town; and WHEREAS, the Town Board is the sole owner of the area proposed to be annexed and such area is not solely a public street or right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein ' by this reference, and known as the Firestone Trail Annexation No. 2, is hereby approved and such property is made a part of and annexed to the Town of Firestone. INTRODUCED, READ ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this (: ` V� ay of gun- , 2001. TOWN OF FIRESTONE; COLORADO STp�y� �owN Rick Patterson Mayor Attest: S � AL Cheri Andersen Town Clerk 6120101 2:19 PM(bt)F:\OfiiceTirestonWnncx\Trai]2annex SIR III 1111111111111111 Ililll iilli IIIIIII liil llll 2928665 02/27/2002 02:46P JA Suki Tsukamota 2 of 3 R 15.00 t] 0.00 Weld County CO T EXHIBIT A - LEGAL DESCRIPTION FIRESTONE TRAIL ANNEXATION NO.2 A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 18, THE WEST HALF OF SECTION 7, THE EAST HALF AND SOUTHWEST QUARTER OF SECTION 6; ALL OF TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6`h PRINCIPALMERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 18, SAID POINT BEING MARKED BY A 2-1/2" ALUMINUM DISC STAMPED PLS 28656 AND CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 18 TO BEAR S88049'53"E (EAST END OF SAID LINE BEING MARKED BY A 2" ALUMINUM DISC STAMPED PLS 23501) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE ALONG SAID SOUTH LINE S8804953"E, 30.00 FEET; THENCE N00°15'27"E, 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE EASTERLY RIGHT-OF-WAY OF COLORADO BOULEVARD (WELD COUNTY ROAD 13); THENCE CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1. N00015'27"E, 2587.13 FEET; 2. NOO° 15' 18"E, 2616.70 FEET; 3. N00005'34"E, 1368.08 FEET; THENCE 1318.67 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3969.80 FEET, A CENTRAL ANGLE OF 19°01'56", AND A CHORD WHICH BEARS N20°31'55"E, 1312.61 FEET; THENCE N30°02'53"E,115.23 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7, SAID POINT ALSO BEING ON THE SOUTHERLY BOUNDARY OF THE BOOTH FARM MINOR SUBDIVISION RECORDED AT THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO.2842090; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID SUBDIVISION THE FOLLOWING FOUR (4) COURSES: 1. S89°19'34"E, 85.98 FEET; 2. N30002'40"E, 1550.76 FEET; 3. N89°14'51"W, y.' FEET; 4. N30°02'40"E, 792.48 FEET; THENCE CONTINUING N30002'40"E, 755.43 FEET TO A POINT ON THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE S89° 12'33"E, 29.03 FEET; THENCE N30°02'40"E, 23.08 FEET TO THE SOUTHEAST CORNER OF ANNEXATION MAP NO.3 FIRESTONE DEVELOPMENT RECORDED AT THE WELD COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO. 2591400; THENCE ALONG THE EASTERLY BOUNDARY OF SAID ANNEXATION N30002'40"E, 1505.26 FEET; THENCE N30003'44"E, 4514.07 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 15; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY NOI-14'44"E, 126.31 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO.26; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S89°19'13"E, 242.02 FEET; THENCE S30°03'44"W, 4743.46 FEET; THENCE S30°02'40"W, 1444.30 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID NORTH LINE S89012'33"E, 28.28 FEET; THENCE S30002'40"W, 34.39 FEET TO A POINT ON THE NORTHWEST CORNER OF THE DOLLAGHAN ANNEXATION NO.3 TO THE TOWN OF FIRESTONE RECORDED AT THE WELD COUNTY CLERK AND �Illl Illll Illllll 1!!1 llll !!!! � ___ 2928665 - !!1 lull !!1 I!I!! llll llll 02/27/2002 02:46P JA Suki Tsukamoto 3 of 3 R 15.00 0 0.00 Weld County co RECORDER'S OFFICE AT RECEPTION NO.2518011; THENCE ALONG THE WESTERLY BOUNDARY OF SAID ANNEXATION (SAID BOUNDARY ALSO BEING THE WESTERLY BOUNDARY OF DOLLAGHAN P.U.D. PHASE 3, RIDGE CREST FILING 3, AND SAINT VRAIN RANCH FILING 6) THE FOLLOWING SEVEN (7) COURSES: 1. S30°02'40"W, 1513.76 FEET; 2. N89° 15'50"W, 28.78 FEET; 3. S30°02'40"W, 1549.95 FEET; 4. S89019'30"E, 28.81 FEET; 5. S30003'15"W, 255.69 FEET; 6. 1931.85 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3719.80 FEET, A CENTRAL ANGLE OF 29°45'22", AND A CHORD WHICH BEARS S 15 ° 10'34"W, 1910.21 FEET; 7. S00°17'53 "W, 600.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 22; THENCE S00017'53"W, 30.00 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID SOUTH LINE S89°30'37"E, 51.15 FEET; THENCE S00016'49"W, 5206.31 FEET TO THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 20; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N88"49'53"W, 224.83 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE RIGHT-OF-WAY FOR WELD COUNTY ROAD NO. 15, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING MARKED BY A 2-112" ALUMINUM DISC STAMPED PLS 22097 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 TO BEAR SO ° 14'44"W (SOUTH END OF SAID LINE BEING MARKED BY A 2-1/2" ALUMINUM DISC STAMPED PLS 28650) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE ALONG SAID EAST LINE S01 ° 14'44"W, 210.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N30003'44"E, 62.24 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 15; THENCE ALONG SAID EASTERLY RIGHT OF WAY S01 ° 14'44"W, 311.20 FEET TO 'A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S30°03'44"W, 124.48 FEET TO A POINT ON THE WESTERLY RIGHT'OF-WAY OF WELD COUNTY ROAD N0, 15; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY N01014'44"E, 311.20 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF THE UNION PACIFIC RAILROAD COMPANY; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY N30003'44"E, 62.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 74.69 ACRES (3,253,610 SQUARE FEET) MORE ORLESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. S ..+'.in' i w _ _ A. - � _' A. ORDINANCE NO. 7 AN ORDINANCE PROVIDING FOR THE IMPOSITION OF A LODGING OCCUPATION TAX FOR THE TOWN OF FIRESTONE AND PROVIDING FOR THE SUBMISSION OF THE ORDINANCE TO A VOTE OF THE REGISTERED ELECTORS AT A NOVEMBER 6, 2001 SPECIAL ELECTION. WHEREAS, the Town of Firestone, Colorado ("Town"), is a statutory town; and WHEREAS, C.R.S. §31-15-501(i)(c) authorizes the Town to levy occupation taxes within its borders; and WHEREAS, the provision of lodging rooms and accommodations to the traveling public results in the increased use of Town streets and rights -of -way, increased traffic, increased demands upon municipal services such as police protection, and has substantial effect upon the health, safety, and welfare of the citizens of the Town of Firestone and upon the expenditures budgeted by the Town; and WHEREAS, the Town of Firestone desires to maintain its small Town feel and the integrity of its urban growth boundary, and therefore desires to preserve open space and open agricultural areas, including but not limited to riparian corridors and wildlife and scenic areas, both within and outside its borders, all of which serves to attract persons to the Firestone area who will use lodging rooms and accommodations; and WHEREAS, the Board of Trustees desires and finds that it is necessary to adopt a Lodging Occupation Tax, and desires to earmark the revenues raised from such tax for the preservation of open space and open agricultural areas and for the acquisition, maintenance, and management of land and easements in and around the Town for open space buffer zones, trails within open space areas, wildlife habitats, and wetlands preservation; and WHEREAS, the classification of the provision of lodging as separate businesses and occupations is reasonable, proper, uniform, and nondiscriminatory; and the taxable amount hereby levied is reasonable, proper, uniform, nondiscriminatory, and necessary. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 3 of the Firestone Municipal Code is hereby amended to add a new Chapter 3.10, to read as follows: CHAPTER 3.10 LODGING OCCUPATION TAX Sections: 3.10.010 Purpose, 3.10.020 Definitions. 3.10.030 Levy of Tax. 3.10.040 Exemptions. 3.10.050 Collection of Tax. 3.10.060 Audit of Records. 3.10.070 Tax Overpayments and Deficiencies. 3.10.080 Tax Information Confidential. 3.10.090 Farms and Regulations. 3.10.100 Enforcement and Penalties. 3.10.110 Tax Lien. 3.10.120 Recovery of Unpaid Tax. 3.10.130 Status of Unpaid Tax in Bankruptcy and Receivership. 3.10.140 Hearings, Subpoenas, and Witness Fees. 3.10.150 Depositions. 3.10.160 Statute of Limitations. 3.10.170 Open Space Preservation Fund. 3.10.010 Purpose. The Board of Trustees hereby finds, determines and declares: A. For the purposes of this Chapter, every person that furnishes a lodging room or accommodation for consideration in the Town of Firestone is exercising a taxable privilege. The purpose o this Chapter is to impose a tax which will be paid by every vendor providing such lodging room or accommodation in the Town of Firestone, which tax will provide revenues for the preservation of open space and open agricultural areas and for acquisition, maintenance, and management of land and easements in and around the Town for open space buffer zones, trails within open space areas, wildlife habitats, and wetlands preservation. B . Pursuant to authority found in the laws of the state of Colorado, the following Lodging Occupancy Tax is adopted for the purpose of promoting the health, safety, morals and general welfare of the Town. C. The provision of lodging rooms and accommodations to the traveling public results it the increased use of Town streets and rights -of -way, increased traffic, increased demands upon municipal services such as police protection and has substantial effect upon the health, safety, and welfare of the citizens of the Town of Firestone and upon expenditures budgeted by the Town which is a matter of local concern; and D. The classification of the provision of lodging as separate businesses and occupations is reasonable, proper, uniform, nondiscriminatory, and necessary. 3.10.020 Definitions. For purposes of this chapter, the following words shall have following meanings: A. "Lodging" shall mean hotel rooms, motel rooms, lodging rooms, motor hotel rooms, guest house rooms, or other similar accommodations that are rented to persons for a period of less than (1) month or thirty (30) consecutive days, but shall not include rentals under a written agreement for occupancy for a period of at least one (1) month or thirty (30) days. B. "Person" means an individual, partnership, firm, joint enterprise, limited liability company, corporation, estate or trust, or any group or combination acting as a unit, but shall not include the United States of America, the State of Colorado, and any political subdivision thereof. C. "Sale" means the furnishing for consideration by any person of lodging within the Town. D. "Tax" means the tax payable by the vendor or the aggregate amount of taxes due from vendor during the period for which the vendor is required to pay the occupation tax on the provision of lodging under this Chapter. E. "Taxpayer" means the vendor obligated to pay the tax under the terms of this Chapter. F. "Vendor" means a person furnishing lodging for consideration within the Town. 3.10.030 Lew of Tax. Effective January 1, 2002, there is hereby levied by the Town of Firestone an occupation tax on the provision of lodging upon every person or business that furnishes any hotel room, motel room, lodging room, motor hotel room, guest house room or other similar accommodation for consideration for less than one (1) month or thirty (30) consecutive days within the Town of Firestone in the amount of two dollars ($2.00) per day, per occupied lodging room or accommodation. 3.10.040 Exemptions. The following transactions shall be exempt from the tax imposed by this Chapter: A. Lodging or accommodations provided by the United States, the State of Colorado, its departments and institutions, and the political subdivisions of the State in their governmental capacities only; B. Lodging or accommodations provided by those charitable, religious, and eleemosynary organizations that have received from the Internal Revenue Service status under Section 501(c)(3) of the Internal Revenue Code as a tax exempt organization, while in the conduct of their regular charitable, religious, or eleemosynary functions and activities; and C. Lodging or accommodations provided to a person who is 'a permanent resident of a hotel, motel, apartment hotel, lodging house, motor hotel, guest house, or other similar business pursuant to a written agreement for a period of at least one (1) month or thirty (30) consecutive days. 3.10.050 'Collection of Tax. A. Every vendor providing lodging taxable under this Chapter shall remit such tax on or before the tenth (101h) day of each month on account of lodging provided in the preceding month. Said payment shall be accompanied by a return which shall contain such information and be in such form as the Town Clerk may prescribe. B. The burden of proving that any transaction is exempt from the tax shall be upon the vender. C. If the accounting methods regularly employed by the vendor in the transaction of business, or other conditions, are such that the returns aforesaid made on a calendar month basis will impose .unnecessary hardship, the Town Clerk may, upon request of the vendor, accept returns at such intervals as will, in the Town Clerk's opinion, better suit the convenience of the vendor and will not jeopardize the collection of the tax; provided, however, the Town Clerk may by rule permit a vendor whose monthly tax obligation is less than sixty dollars ($60.00) to make returns and pay taxes at intervals not greater than three (3) months. D. It shall be the duty of every vendor to maintain, keep and preserve suitable records of all sales made by the vendor and such other books or accounts as may be required by the Town Clerk in order to determine the amount of the tax of which the vendor is liable under this Chapter. It shall be the duty of every such vendor to keep and preserve for a period of three (3) years all such books, invoices and other records and the same shall be open for examination by the Town Clerk or the Clerk's designee. E. The tax to be paid by a vendor shall not be stated and charged separately from the sales price of lodging on any record thereof at the time when the sale is made or at the time when evidence of the sale is issued, provided, vendor may indicate the sales price "includes $2.00 Town of Firestone Lodging Occupation Tax." 3.10.060 Audit of Records. A. For the purpose of ascertaining the correct amount of the occupation tax on the provision of the lodging due from any person engaged in such business in the Town under this Chapter, the Town Clerk or an authorized agent may conduct an audit by examining any relevant books, accounts and records of such person. B. All books, invoices, accounts and other records shall be made available within the Town limits and be open at any time during regular business hours for examination by the Town Clerk or an authorized agent. If any taxpayer refuses to voluntarily furnish any of the foregoing information when requested, the Town Clerk may issue a subpoena to require that the taxpayer or its representative attend a hearing or produce any such books, accounts and records for examination. C. Any exempt organization claiming exemption under the provisions of this Chapter is subject to audit in the same manner as any other person engaged in the lodging business in the Town. 3.10.070 Tax Overpayments and Deficiencies. An application for refund of tax monies paid in error or by mistake shall be made within three (3) years after the date of payment for which the refund is claimed. If the Town Clerk determines that within three (3) years of the due date, a vendor overpaid the occupation tax on the provision of lodging, the Clerk shall process a refund or allow a credit against a future remittance from the same taxpayer. If at any time the Town Clerk determines the amount paid is less than the amount due under this Chapter, the difference together with the interest shall be paid by the vendor within ten (10) days after receiving written notice and demand from the Town Clerk. The Town Clerk may extend that time for good cause. 3.10.080 Tax Information Confidential. A. All specific information gained under the provisions of this Chapter which is used to determine the tax due from a taxpayer, whether furnished by the taxpayer or obtained through audit, shall be treated by the Town and its officers, employees, or legal representative as confidential. Except as directed by judicial order or as provided in this Chapter, no Town officer, employee, or legal representative shall divulge any confidential information. If directed by judicial order, the officials charged with the custody of such information shall be required to provide only such information as is directly involved in the action or proceeding. Any Town officer or employee who shall knowingly divulge any information classified herein as confidential, in any manner, except in accordance with proper judicial order, or as otherwise provided in this Chapter or by law, shall be guilty of a violation hereof punishable by a fine but not imprisonment. B. The Town Clerk may furnish to officials of any other governmental entity who may be owed sales tax any confidential information, provided that such jurisdiction enters into an agreement with the Town to grant reciprocal privileges to the Town. C. Nothing contained in this Section shall be construed to prohibit the delivery to the taxpayer of their duly authorized representative a copy of such confidential information relating to such taxpayer, the publication of statistics so classified as to prevent the identification of particular taxpayers, or the inspection of such confidential information by an officer, employee, or legal representative of the Town. 3.10.090 Forms and Regulations. The Town Clerk is hereby authorized to prescribe forms and promulgate rules and regulations to aid in the making of returns, the ascertainment, assessment and collection of said occupation tax on the provision of lodging and in particular and without limiting the general language of this Chapter, to provide for: A. A form of report on the provision of lodging to be supplied to all vendors; B. The records which vendors providing lodging are to keep concerning the tax imposed by this Chapter. 3.10.100 Enforcement and Penalties. A. It shall be unlawful for any person to intentionally, knowingly, or recklessly fail to pay the tax imposed by this Chapter, or to make any false or fraudulent return, or for any person to otherwise violate any provisions of this Chapter. Any person convicted of a violation of this Chapter shall be deemed guilty of a municipal criminal offense and shall be punished by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment for a period of one (1) year, or by both such fine and imprisonment. Each day, or portion thereof, that any violation of this Chapter continues shall constitute a separate offense. B. A penalty in the amount of ten percent (10%) of the tax due or the sum of ten dollars ($10.00), whichever is greater, shall be imposed upon the vendor and become due in the event the tax is not remitted by the tenth (1 Oth) day of the month as required by this Chapter, or such other date as prescribed by the Town Clerk, and one and one-half percent (1.5%) interest shall accrue each month on the unpaid balance. The Town Clerk is hereby authorized to waive for good cause shown, any penalty assessed. C. If any part of a deficiency is due to negligence or intentional disregard of the provisions of this ordinance or rules and regulations concerning the same, but without intent to defraud, there shall be added ten percent (10%) of the total amount of the deficiency, and interest, from the vendor, required to file a return. If any part of the deficiency is due to fraud with the intent to evade the tax, then there shall be added fifty percent (50%) of total amount of the deficiency together with interest and in such case, the whole amount of the unpaid tax, including the additions, shall become due and payable ten (10) days after written notice and demand by the Town Clerk. D. If any vendor fails to make a return and pay the tax imposed by this Chapter, the Town may make an estimate, based upon available information of the amount of tax due and add the penalty and interest provided above. The Town shall mail notice of such estimate, by certified mail, to the vendor at his address as indicated in the Town records. Such estimate shall thereupon become an assessment, and such assessment shall be final and due and payable from the taxpayer to the Town Clerk ten (10) days from the date of service of the notice or the date of mailing by certified mail; provided, however, that within the ten (10) day period such delinquent taxpayer may petition the Town Clerk for a revision or modification of such assessment and shall, within such ten (10) day period, furnish the Town Clerk the documents, facts and figures showing the correct amount of such taxes due and owing. E. Such petition shall be in writing and the facts and figures submitted shall be submitted either in writing or orally, and shall be given by the taxpayer under penalty or perjury. Thereupon, the Town Clerk may modify such assessment in accordance with the facts submitted in order to effectuate the provisions of this Chapter. Such assessment shall be considered the final order of the Town Clerk, and may be reviewed under the Rule 106(a)(4) of the Colorado rules of Civil Procedure, provided that the taxpayer gives written notice to the Town Clerk of such intention within ten (10) days after receipt of the final order of assessment. 3.10.110 Tax Lien. A. The tax imposed by this Chapter, together with the interest and penalties herein provided and the costs of collection which may be incurred, shall be and until paid, remain a first and prior lien superior to all other liens on all the tangible personal property of a taxpayer within the Town and may be foreclosed by seizing under distraint warrant and selling so much thereof as may be necessary to discharge the lien. Such distraint warrant may be issued by the Town Clerk whenever the taxpayer is in default in the payment of the tax, interest, penalty or costs. Such warrant may be served and the goods subject to such lien seized by any Town police officer, the Weld County Sheriff or any duly authorized employee of the Town. The property so seized may be sold by the agency seizing the same or by the Town Clerk, public auction after ten (10) days have passed following an advertised notice in a newspaper published in the Town, in the same manner as is prescribed by law in respect to executions against property upon judgment of a court of record, and the remedies of garnishment shall apply. B. The tax imposed by this Chapter shall be, and remain, a first and prior lien superior to all other liens on the real property and appurtenant premises at which the taxable transactions occurred. 3.10.120 Recovery of Unpaid Tax_. A. The Town Clerk may also treat any such taxes, penalties, costs or interest due and unpaid as a debt due the Town from the taxpayer. B. In case of failure to pay the taxes, or any portion thereof, or any penalty, costs or interest thereon, when due, the Town Clerk may recover at law the amount of such taxes, penalties, costs, the reasonable value of any attorney's time or the reasonable attorneys fees charged, plus interest, in any county or district court of the county wherein the taxpayer resides or had a principal place of business (at the time the tax became due) having jurisdiction of the amount sought to be collected. C. The return of the taxpayer or the assessment made the Town Clerk shall be prima facie proof of the amount due. D. Such actions may be actions in attachment, and writs of attachment may be issued to the Firestone police or Weld County Sheriff, as the case may be, and in any such proceeding no bond shall be required of the Town Clerk, nor shall any police officer or sheriff require of the Town Clerk an indemnifying bond for executing the writ of attachment or writ of execution upon any judgment entered in such proceedings. The Town Clerk may prosecute appeals in such cases without the necessity of providing bond therefor. E. It shall be the duty of the Town Attorney, when requested by the Town Clerk, to commence action for the recovery of taxes due under this Chapter and this remedy shall be in addition to all other existing remedies, or remedies provided in this Chapter. F. The Town may certify the amount of any delinquent tax, plus interest, penalties and the costs of collection, as a charge against the property at which the taxable transaction occurred to the County Treasurer for collection in the same manner as delinquent ad valorem taxes. 3.10.130 Status of Unpaid Tax in Bankruptcy and Receivership. Whenever the business or property of a taxpayer subject to this Chapter shall be placed in receivership, bankruptcy or assignment for the benefit of creditors, or seized under distraint for taxes, all taxes, penalties and interest imposed by this Chapter and for which the taxpayer is in any way liable under the terms of this Chapter shall be a prior and preferred lien against all the property of the taxpayer, except as to other tax liens which have attached prior to the filing of the notice, and no sheriff, receiver, assignee or other officer shall sell the property of any person subject to this Chapter under process or order of any court, without first ascertaining from the Town Clerk the amount of any taxes due and payable under this Chapter, and if there be any such taxes due, owing and unpaid, it shall be the duty of such officer to first pay the amount of the taxes out of the proceeds of such sale before making payment of any monies to any judgment creditor or other claimants of whatsoever kind or nature, except the costs of the proceedings and other preexisting tax liens as above provided. 3.10.140 Hearings, Subpoenas, and Witness Fees. A. Hearings before the Town Clerk pursuant to provisions in this Chapter shall be held pursuant to this ordinance and rules and regulations promulgated by the Town Clerk. Any subpoena issued pursuant to this Chapter may be enforced by the Firestone Municipal Judge pursuant to Sections 13-10-112(2), C.R.S. The fees of witnesses for attendance at hearings shall be the same as the fees of witnesses before the district court, such fees to be paid when the witness is excused from further attendance. When the witness is subpoenaed at the instance of the Town Clerk, such fees shall be paid in the same manner as other expenses under the terms of this Chapter, and when a witness is subpoenaed at the instance of any party to any such proceeding, the Town Clerk may require that the cost of service of the subpoena and the fee of the witness be borne by the party at whose instance the witness is summoned. In such case, the Town Clerk, at his discretion, may require a deposit to cover the cost of such service and witness fees. A subpoena issued as aforesaid shall be served in the same manner as a subpoena issued out of a court of record. B. The Firestone Municipal Judge, upon the application of the Town Clerk, may compel the attendance of witnesses, the production of books, papers, records or memoranda, and the giving of testimony before the Town Clerk or duly authorized hearing officers, by an action for contempt, or otherwise, in the same manner as production of evidence may be compclled before the Court. 3.10.150 Depositions. The Town Clerk or any party in an investigation or hearing before the Town Clerk may cause the deposition of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in courts of this State and to that end compel the attendance of witnesses and the production of books, papers, records or memoranda. 3.10.160 Statute of Limitations. A. Except as otherwise provided in this Section, the taxes for any period, together with interest thereon and penalties with respect thereto, imposed by this Chapter shall not be assessed, nor shall notice of lien be filed, or distraint warrant be issued, or suit for collection be instituted, or any other action to collect the same be commenced, more than three (3) years after the date on which the tax was or is payable. Nor shall any lien continue after such period, except for taxes assessed before the expiration of such three (3) year period, notice of lien with respect to which has been filed prior to the expiration of such period. B. In case of a false or fraudulent return with intent to evade taxation, the tax, together, with interest and penalties thereon, may be assessed, or proceedings for the collection of such taxes may be commenced at any time. C. Before the expiration of such period of limitation, the taxpayer and the Town Clerk may agree in writing to an extension thereof, and the period so agreed on may be extended by subsequent agreements in writing. 3.10.170 Open S12ace Preservation Fund. There is hereby created a fund to be known as the "Open Space Preservation Fund." All of the revenues derived from the occupation tax on the provision of lodging imposed by this Chapter shall be placed in such Fund. All expenditures from such Fund shall be use exclusively for the preservation of open space and open agricultural areas and for acquisition, maintenance, and management of land and easements in and around the Town for open space buffer zones, trails within open space areas, wildlife habitats, and wetlands preservation. Section 2. This ordinance shall not take effect unless and until a majority of the registered voters voting at the November 6, 2001 election vote "yes"'in response to the following ballot title, which is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special municipal election to be held on November 6, 2001: SHALL TOWN OF FIRESTONE TAXES BE INCREASED $,3/T-dOp ��IN THE FIRST FULL YEAR (2002) AND ANNUALLY THEREAFTER IN SUCH AMOUNTS AS ARE RECEIVED EACH YEAR BY APPROVAL OF ORDINANCE NO./ IMPOSING A LODGING OCCUPATION TAX AT A RATE OF $2.00 PER DAY PER OCCUPIED LODGING ROOM, THE REVENUES FROM SAID TAX TO BE COLLECTED, RETAINED, AND SPENT FOR PURPOSES OF THE PRESERVATION OF OPEN SPACE AND OPEN AGRICULTURAL AREAS AND FOR ACQUISITION, MAINTENANCE, AND MANAGEMENT OF LAND AND EASEMENTS IN AND AROUND THE TOWN FOR OPEN SPACE BUFFER ZONES, TRAILS WITHIN OPEN SPACE AREAS, WILDLIFE HABITATS, AND WETLANDS PRESERVATION; AND REGARDLESS OF WHETHER SAID REVENUES, IN ANY YEAR AFTER THE FIRST FULL YEAR IN WHICH SAID LODGING OCCUPATION TAX IS IN EFFECT, EXCEED THE ESTIMATED DOLLAR AMOUNT STATED ABOVE, AND WITHOUT ANY OTHER LIMITATION OR CONDITION, AND WITHOUT LIMITING THE COLLECTION OR SPENDING OF ANY OTHER REVENUES OR FUNDS BY THE TOWN OF FIRESTONE, UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Section 3. The provisions of this ordinance shall take effect, following passage and approval thereof as provided in Section 2, on January 1, 2002. Section 4. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict: Section 6. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of tjow , 2001. TOWN OF FIRESTONE, COLORADO Patterson, Mayor e � � Attest: ' cO�,�;� r•d .G Cheri Andersen, Town Clerk 7/8101 9:54 AM[bt]F:OfficeTirestone\OrdEodging Code ordinance + 2871013 08/02/2001 12:33P JA Suki Tsukamoto QI� 1 of 10 R 50.00 D 0.00 Weld County CO �- ORDINANCE NO. 477 AN ORDINANCE APPROVING THE VACATION OF AN EMERGENCY ACCESS EASEMENT WITHIN THE TOWN OF FIRESTONE WHEREAS, by that certain Emergency Access Easement Deed recorded on November 15, 1999 at Reception No. 2732952, Weld County Records, the Town was granted an emergency access easement over certain property described therein (the "Emergency Access Easement"); and WHEREAS, public improvements within St. Vrain Ranch Subdivision Filing III have been completed; and WHEREAS, there no longer exists a need for the Emergency Access Easement within St. Vrain Ranch Subdivision Filing III; and WHEREAS, the Town Board has determined that the Emergency Access Easement is not and will not be needed for any public purposes and is not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in. the recorded Emergency Access Easement. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby vacates that certain Emergency Access Easement conveyed to the Town by Emergency Access Easement Deed recorded on November 15, 1999 at Reception No. 2732952, Weld County Records, which Easement is more particularly described in the copy of such Deed attached hereto as Exhib_t A and incorporated herein by reference. Section 2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Emergency Access Easement vacated by this ordinance. Section 3. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this a, day of , 2001. N a � j ATTEST: �tt`���=........••'co (let' Awsef) Cheri Andersen, Town Clerk TOWN OF FIRESTONE, COLORADO `Rick ftRm-ef�, Mayor &�" wcdbl 7��WN 1 ..V AJ VA 4L -1- 1-11 .'�Illllllflllllllllllfllllllllllllllllflllllllllllllllffl 2871013 08/02/2001 12:33P JA Suki Tsukamoto 2 of 10 R 50,00 0 0.00 Weld County CO RUEL & POHL Y, INC. Legal Description Thence N75"40'00"W, 422.56 feet; Thence N14"20'00"E, 54.00 feet; Thence 575"40'00"E, 99,00 feet; Thence leaving the Easterly line of sald 'ST. VRAIN RANCH SUBDIVISION, FILING 11, and continuing S75040'00"E, 368.07 feet to a point on a line that Is 54.00 feet Easterly of, as measured at right angles to and parallel with, the Easterly line of said ST. VRAIN RANCH SUBDIVISION, FILING 11; The following courses and distances are along a line that is 54.00 feet Easterly of, as measured at right angles to and parallel with, the Easterly Line of said ST, VRAIN RANCH SUBDIVISION, FILING II: The nee, SOY20'00"W, 349,41 feet; Thence S05008'05"W, 53138 feet; Thence SOO°00'00"E, 56.85 feet; Thence N86"06'23"E, 100.34 feet; Thence N88°28'24"E, 258.16 feet; Thence S56°39'04"E,100.91 feet; Thence SOO"00'00"E, 203.67 feet; Thence S88°38'30"E, 26.44 feet; Thence SOO"00'00"E, 247,89 feet to the Northerly Right-of-way Line of said Road 22; Thence leaving a line that is 54.00 feet Easterly of, as measured at right angles to and parallel with, the Easterly Line of said ST, VRAIN RANCH SUBDIVISION, FILING 11, N89°14'06"W, 54.00 feet along the Northerly Right-of-way Line of said Road 22 to the TRUE MISIT OF BEGIN ING. Area w 98,983 square feet, more or less, NOTICE; According to Colorado law you must commence any legal action based upon any defect In this survey within three years after you first discovered such defect. In no event, may any salon based upon any defect In this survey. be commenced more than tan years from the date of the certification shown hereon, Frank N. Drexel Colorado Registered Professional Land Surveyor No. 24305 320'!a Maln Street, Longmont, CO 80501 Date: File: LGL-0916.00C ADP Project; 70.4 _I IIIIII 11111111111111111111111111111111111111111111 IN I IIIIII IIIII IIIII � IIIIIIIIIIIIIIIIIIIII111IIIIIIIIIIIII 2732952 11/15/1999 04:23P JA Suki Tsukamoto 2871013 08/02/2001 12:33P JA Suki Tsukamoto 1 of B R 40.00 0 0.00 Weld County CO 3 of 10 R 50.00 D 0.00 Weld County CO EMERGENCY ACCESS EASEMENT DEED �.Tz, - THIS EASEMENT DEED is made this 22'd day of October, 1999 by and between ST. VRAIN PARTNERS, LLC, a Colorado Iimited liability company (hereinafter "Grantor") and THE TOWN OF FIRESTONE, COLORADO, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, whose address is 150 Buchanan Ave., Firestone, Colorado 80520 (hereinafter "Grantee"): WITNESSETH: THAT THE GRANTOR, for and in consideration of the sum of Ten Dollars paid to the Grantor by the Grantee, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto the Grantee and any emergency service providers, including but not limited, fire, ambulance, police, and emergency utility repair services, revocable and non-exclusive easements for ingress and egress for emergency vehicles and for the provision of emergency services, such easements being on, over, under and across the real property described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter the "Easement"); TOGETHER WITH all the rights and privileges as are necessary, or incidental to the reasonable and proper use of such Easement; and SUBJECT TO the following terms and conditions: I . The Grantee, its successors and assigns, and any and all emergency services providers whether affiliated with the Grantee or not, shall have and exercise the non- exclusive right of ingress and egress on, over, under and across the Easements for ingress and egress for emergency vehicles and for the provision of emergency services, and no other purposes. 2. Except as expressly permitted herein, neither the Grantor nor the Grantee shall construct or place any structure or other improvements within the Easements. 3. Grantor shall at its sole expense make minimum improvements to the Easements to allow for ingress and egress over the Easements. Grantor may install gates, bollards, chains or similar devices to limit the use of the Easements to emergency access only, provided that Grantor provides the Grantee and any and all emergency service providers with keys, remote controls, and other devices required to use the Easements. Furthermore, Grantor hereby releases and holds harmless the Grantee and any other emergency service provider from any and all damage to such improvements and devices, or to any other property of Grantor within the Easements, caused by Grantee or any other emergency service provider in providing emergency services to the St. Vrain Ranch Subdivision. IIIII� Illll llllll IIIII IIIIII IIIII III#I III Illll llll IIII Z732952 11115/1999 04:23P JA Sukl Tsukamoto 2 of 8 R 40.00 Q 0.00 Weld County CO «jltrl�lll�l��l f ff 1 2871013 �I�I 08/02/2Q01 12:33P IF 4 of 10 R 5Q.UQ C 0.00 JA Suki Tsukamoto Weld County CO 4. The Grantee agrees that underground utilities such as sanitary sewer, storm sewer. and gas, electric lines, and cable television lines may be installed in the Easements as long as such utilities, and their construction and installation, do not interfere with the rights herein granted. 5. . The Grantor has retained the right to the undisturbed use and occupancy of the subject property insofar as such use and occupancy is consistent with and does not impair any grant herein contained and except as otherwise provided herein. Notwithstanding the foregoing, Grantor shall, in all instances, be permitted to improve the Easements in any manner consistent with the residential character of Grantor's property and consistent with the purposes and uses of the Easements. 6. The Easements shall remain in place unless and until future filings of St. Vrain Ranch Subdivision eliminate the need for or require the relocation of the Easements. Termination or relocation of the Easements shall be part of the plat approval process required by the Town of Firestone. In case the Grantee shall intentionally abandon its rights herein granted and cease to use the same, all right, title and interest hereunder of the Grantee shall cease and terminate, and the Grantor shall hold said premises, as the same may then be, free from the rights so abandoned and shall own all material and structures of the Grantee so abandoned, but nothing herein shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the Grantee at the time of the abandonment of Grantee rights. 7. The Easements shall be subject to all easements, encumbrances, and restrictions of record and/or apparent on the ground. The Grantor warrants that it has full right and lawful authority to make the grant hereinabove contained, and promises and agrees to defend the Grantee in the exercise of its rights hereunder against any defect in its title to the land involved or its right to make the grant hereinabove contained, except for those easements, encumbrances and restrictions of record and/or apparent on the ground. S. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto. 9. Grantee shall. not be entitled to assign the Easements without the prior written consent of Grantor. 10. In executing this instrument, the Town is relying on and does not waive or intend to waive by any provision of this Grant; the monetary limitations (presently S 150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq. 11. General terms: f (A) Continued Best Efforts. Each party shall use its best efforts and shall 2 i 111111111111111111i111'111111111111111AI 11111 IIII 111 2732952 11/15/1999 04:23P JA Suki Tsukamoto 3 of 8 R 40.00 D 0.00 Weld County CO 111111111111111 HIM 111111111111111111111111111111111111111 2871013 08/02/2001 12:33P JA Suki Tsukamoto 5 of 10 R 50.00 D 0.00 Weld County CO cooperate, where prudent, with regard to any other action as may be reasonably required to effectuate the intention of this Agreement. (B) Amendinent. This Agreement and the Exhibits attached hereto shall constitute the entire agreement between the parties. This Agreement may be amended, altered or modified only by written instrument, validly executed by the parties. (C) Runs with the Land. All rights, privileges, duties and obligations set forth herein shall be covenants and shall run with the land until such time as this Easement Agreement may be abandoned and terminated as set forth herein. GRANTOR, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the property on which the Easement above conveyed is located, and has good, sure, perfect, absolute and indefeasible estate, in law, in fee simple, "and has good right, full power and authority to grant, bargain, sell, and convey the same. in manner and form as set forth above, and that the property is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature whatsoever, except for easements, encumbrances and restrictions of record and/or apparent on the ground. GRANTOR: ST. VRAIN PARTNERS, LLC, a Colorado limited liability company By: Caribou Properties, Inc., a Colorado Corporation, A a ing Member By: /v . ichael 0. Carmichael, President Caribou Properties, Inc. Acknowledgement STATE OF COLORADO } ) ss. COUNTY OF JEFFERSON } The foregoing instrument was acknowledged before me this 22't4 " day of October, 1999, by Michael 0. Carmichael, President of Caribou Properties, Inc., a Colorado corporation and a Managing Member of St. Vrain Partners, LLC. Witness my hand and official 8eal. �-� My commission expires:x No tXy Public/ 3 - I IIIIII IIIII IIIIII IIIII IIIIII IIIII IIIII`sOamoto III IIIII IIII IIII I I!l1��!!IIl�IlIIl1lI!!!�!I!I! I 2871013 08/02/2001 1 !� Su ki ! s � a 6 of0.003 Weld Courrry C�kamato 4 01 8 n 40- Lender Consent The undersigned, Firstate Bank of Colorado, as the beneficiary of a Deed of Trust which constitutes a lien upon the owner's property, recorded in the real property records at Reception No. 2577663, Weld County, Colorado, as modified by that certain document recorded in the real property records at Reception No. 2634340, Weld County, Colorado, hereby consents to the . dedication of the Emergency Access Easement herein described, and hereby forever releases said lands from the lien created by the above mentioned Deed of Trust and the above referenced modification of the Deed of Trust. FIRSTATE BANK OF COLORADO By: J Robert McWhorter, Vice President Acknowledgement STATE OF COLORADO ) ) ss. COUNTY OF 46 L ? , — ) The foregoing instrument was acknowledged before me this 1999, by Robert McWhorter, Vice President of Firstate Bank of Colorado. Witness my hand and official seal. My commission expires: Notary Public pp dY'm 41 �-- day of Gebob=, A"XI SY 6�oTAq��2 JL , -Y . . o 9T� 0� OLO� My Commission Expires 05103120Q3 4 1 1111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111 2871013 08�02/2001 12:3 111111111111111111 2732952 11/15/1999 64:23P JA Suki Tsukamoto 7 of 10 R 50.00 0 0.00 Weld Coounty COkamoto 5 of 8 R 40.00 D 0.00 Weld County CO GRANTEE: TOWN OF FIRESTONE By; A4 Rick Patterson, Mayor n� S i 0�'v ATTEST: ` 'o T. . Peterson, Town Clerk Z Acknowledgement STATE OF COLORADO ) ) ss. COUNTY OF WELD ) The foregoing instrument was, acknowledged before me this day of6v-et 1999, by Rick Patterson, Mayor of the Town of Firestone, Colorado. Witness my hand and official seal. My commission expires: Notary Public W9CL[E` Tr St. Vrain.cic�Emergency Access Easement -Filing H.wpd C 11111111111.11111111111111111111111111111111111111IN 11111111 ff j 1f jj) 1 '2732952 11115/1999 04.23P JA Suki Tsukamoto 2871013 �8/02/200/20I �++� �I��✓�I ��� �f f ! f 01 12: 33P 6 of 8 R 40.00 D 0.00 Weld Countv CO 8 of 10 R 50.00 p p pp Weld Aounry sukamoto Co suer rixs ALBERs, DRExEL& PoHL Y, INc. 320 S Main Street a P.O. Box 1438 a Longmont • Colorado • 80502-1438 Telephone: (303) 682-1131 • Fax. (303) 682-1149 EXHIBIT "A " September 15, 1999 A description of a Temporary Access Easement located Easterly of and adjacent to the Easterly Line of ST. VRAIN RANCH SUBDIVISION, FILING II, located in the SE114 of Section 7, T2N, R67W of the 6th P.M., in the Town of Firestone, Weld County, Colorado. For: St. Vrain Partners, LLC, LEGAL DESCRIPTION A strip of land located in the SE1/4 of Section 7, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, described as follows: COMMENCING at the S114 Corner of. said Section 7, from which the Southwest Corner of said Section 7 bears N89°28'42"W, 2335,58 feet. (Basis of Bearing), thence S89014'06"E, 1692.44 feet along the, -South Line of the- SE.1/4 of said Section 7' toy the Southeast Corner of ST. VRAIN- RANCH. SUBDIVISION, FILING II, a subdivision located in the SE114 of said Section 7 in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof; Thence N00°00'00"E, 30.00 feet along the Easterly Line of said ST. VRAIN RANCH SUBDIVISION, FILING II to the Northerly Right-of-way Line of Road 22 and the TRUE POINT OF BEGINNING; The following courses and distances are along the Easterly Line of said ST. VRAIN RANCH SUBDIVISION, FILING II: Thence N00°00'00"E, 196.24 feet; Thence N86038'30"W, 29.60 feet; Thenca NO3"21'30"E, 54.00 feet; Thence N00°00'00"E, 171.40 feet; Thence N56°39'04"W; 54.84 feet; Thence S88°28'24"W, 240.09 feet; Thence S86006'23"W, 157.03 feet; Thence N00°00'00"E, 117.07 feet; Thence N05"08'05"E, 54.96 feet; Thence N03020'00"E, 304.05 feet; A Full Service Land Surveying Company Boundary • Title + Geodetic • Topographic • Engineering Layout * Subdivision Platting • Environmental r 2732952 11!1511999 04:23P ,iA Suki Tsukamota 111111 11111111111111I1111111111 III111I III 11111 11111111 7 of 8 R 40.00 D 0.00 Weld County CO 2p71013 06/pQf2001 12:09P JA DUN Taukomoto 9 01 10 R 50.00 D 0.00 Weld County Co F-1 ®e ALBERs, DRExEL& PoHLY, br. Legal Description Thence N75040'00"W, 422.56 feet; Thence N14020'00"E, 54.00 feet; Thence S75040'00"E, 99.00 feet; Thence leaving the Easterly Line of said ST. VRAIN RANCH SUBDIVISION, FILING 11, and continuing S75'40'00"E, 368.07 feet to a point on a line that is .54.00 feet Easterly of, as measured at right angles to and parallel with, the Easterly Line of said ST. VRAIN RANCH SUBDIVISION, FILING 11, The following courses and distances are along a line that is 54.00 feet Easterly of, as. measured at right angles to and parallel with, the Easterly Line of said ST. VRAIN RANCH SUBDIVISION, FILING Thence S03020'00"W, 349.41 feet; Thence S05'08'05"W, 53.38 feet; Thence. S00°00'00"E, 56.85 feet; Thence N86006'23"E, 100.34 feet; Thence N88"28'24"E, 258.16 feet; Thence S56°39'04"E, 100.91 feet; Thence S00°00'00"E, 203.67 feet; Thence S86038'30"E, 26.44 feet; Thence S00°00'00"E, 247.89 feet to the Northerly Right-of-way Line of said Road 22; Thence leaving a line that is 54.00 feet Easterly of, as measured at right angles to and parallel with, the Easterly Line of said ST. VRAIN RANCH SUBDIVISION, FILING 11, N89°14'06"W, 54.00 feet 2 . .t 11�1111I1�1 illll� 11 . 1111illlllil111111111111111111111 2732952 11/15/1999 04:23P JA Suki Tsukamoto 8 bf 8 R 40.00 D 0.00 Weld County CO ®ALBERSA� DREXEL OHLY INS;.,U..a„No Legal Description along the Northerly Right-of-way Line Of said Road 22 to the TRUE POINT OF BEGINNING. Area = 98,983 square feet, more or less. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Frank N. D`*6,1l Colorado_Registe4red1Piofession"al Land Surveyor No. 24308? 320Y2 Mah,80eet, Longmo t,CO 80501 o I, Date: File: LGL-0915.DOC ADP Project:70-4 111111111111 HIM 1111111111111111111 HIM 1111111111111111 2871013 08/02/2001 12:33P JA Suki Tsukamoto 10 of 10 R 50.00 D 0.00 Weld County CO y,. -3- NAse. return .+0 The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 0 i r O i�CoO �C� a� 0 o ac � Lo C4 C �rw N00 a r IfI ORDINANCE NO.478 f AN ORDINANCE DESIGNATING AREAS AND ACTIVITIES OF STATE INTEREST AND ADOPTING REGULATIONS FOR THE ADMINISTRATION OF SUCH AREAS AND ACTIVITIES OF STATE INTEREST PURSUANT TO ARTICLE 65.1 OF TITLE 24, COLORADO REVISED STATUTES. WHEREAS, pursuant to CKS. §§24-65.1-101 et sec. ("House Bill 1041"), the Town is authorized to designate areas and activities of state interest, and to adopt guidelines and regulations for the administration of such areas and activities of state interest; and WHEREAS, pursuant to House Bill 1041, the Town desires to designate certain areas and activities of state interest and to adopt regulations for the administration of such areas and activities of state interest; and WHEREAS, on June 27, 2001, the Firestone Planning and Zoning Commission ("the Planning Commission") held a public hearing to consider the designation of areas and activities of state interest and the adoption of regulations for their administration as set forth herein, and recommended the Board of Trustees make such designations and adopt such regulations; and WHEREAS, the Board of Trustees held a public hearing on July 12 and 26, 2001, to consider this Ordinance to designate areas and activities of state interest and to adopt regulations for their administration; and WHEREAS, at such public hearing, the Board of Trustees considered the recommendation of the Planning Commission, documents related to the proposed House Bill 1041 designations and regulations, the testimony of the Town staff, Town Attorney, and others, and all such documents and testimony are hereby incorporated into the record of the public hearing; and WHEREAS, at the Public Hearing, the Board of Trustees determined that it was appropriate to designate the areas and activities set forth herein as areas and activities of state interest to be regulated under House Bill 1041 within the Town, and to adopt regulations for the administration thereof pursuant to the criteria for designation set forth in House Bill 1041 and in the Model Regulations of the Colorado Land Use Commission (hereafter the "Model Regulations" and the "CLUC"); and WHEREAS, the Board of Trustees finds that the House Bill 1041 designations and regulations, as presented to and considered by the Board of Trustees and set forth in this Ordinance, are appropriate and necessary for adoption, all for the following reasons, and as supported by the recommendation of the Planning Commission and by the record of the public hearings: 1. There exists an intensity of current and foreseeable development pressures within the Town of Firestone and adjacent communities which warrants the Town's regulation of the areas and activities addressed in the 1041 regulations which may be located in whole or in part within the Town; 2. Current and foreseeable growth pressures within Firestone and adjacent communities are considerable, and are engendering the need or desire for additional highways and interchanges, major facilities of public utilities, water and sewerage 1 treatment systems and extensions thereof, rapid or mass transit terminals, stations, and fixed guideways, and urban development. These areas, activities and developments, in turn, may have a major impact on growth patterns within the Town, with potential adverse impacts on the rural or "small town" character of the Town and impairment of the goals and policies of the Town of Firestone Comprehensive Plan. 3. The areas and activities regulated herein, when located within areas affecting the Town, frequently have major environmental and aesthetic, as well as growth -related, impacts, which have the potential to adversely influence the rural and small town character of the Town. Without the authority provided through 1041 regulations, the Town has limited ability to have binding regulatory control over these developments and their impacts. 4. The foregoing concerns indicate a need for improved, coordinated review of the areas and activities addressed in the 1041 regulations, by providing a Town -wide evaluation of the following issues: (a) the impacts of the designated areas and activities, and development within them, upon public facilities, view corridors, the rural or "small town" character of Firestone, and the agricultural, open space and other land and environmental resources of the Town; (b) the financial and growth consequences associated with the additional designated activities; (c) the efficiency of the additional designated activities in terms of their utilization of available land, other natural resources, and available services, and the need for orderly infrastructure planning; and (d) the impacts of proposed development on the designated areas which may diminish the resources to be protected or located within those areas. 5. . The foregoing concerns are in accord with the applicable guidelines for designation which the CLUC has issued with respect to the designated areas and activities addressed in the 1041 regulations, as further set forth in the Commission's Model Regulations proposed for the administration of these areas and activities. 6. The designated areas and activities constitute areas and activities of state interest within the Town of Firestone, considering a multitude of relevant factors including the ar: as' and activities' potential magnitude, significance, or size; their regional or extraterritorial nature; the inability of the Town to effectively regulate the subject development without the authority provided in the 1041 regulations; the need to provide an improved Town -wide evaluation of the impacts of development in or affecting the additional designated areas; and the potential for the designated activities to adversely impact the land, infrastructure, and environmental resources of the entire Town and adjacent communities. 7. Designation of the.areas and activities and adoption of the .1041 regulations are in accordance with the Town of Firestone Comprehensive Plan, and assist the Town in the more effective implementation of its statutory land use and related regulatory powers. 8. For all of the foregoing reasons, serious concerns or dangers may result from the conduct of the designated activities, or development in or affecting the designated areas, without the unified control provided by a binding Town review process. In addition, here are significant advantages to conducting the designated activities, and regulating development in or affecting the designated areas, in a coordinated manner through the implementation of 1041 regulations; 1111111111111111 11111111111111111111111111111111111 i1#� 2871015 081027001 12:33P JA Suki Tsukamoto 2 of 32 R 160.00 D 0.00 Weld County CO WHEREAS, the Board of Trustees finds that all applicable notice and public hearing requirements have .been followed regarding the designation of these matters of state interest; the adoption of guidelines and regulations for their administration; and WHEREAS, in designating the matters of state interest stated herein, the Board of Trustees has considered the intensity of current and foreseeable development pressures, and any applicable guidelines for designation issued by the Colorado Land Use Commission as part of its House Bill 1041 Model Land Use Regulations; and WHEREAS, the Board of Trustees finds that the designations and regulations adopted in this Ordinance are necessary because of the intensity of current and foreseeable development pressures on and within the Town. NOW, THEREFORE, BE 1T ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I. The foregoing recitals are hereby affirmed and incorporated herein as findings of the Board of Trustees. Section 2. A. The Board of Trustees, acting pursuant to C.R.S. 24-65.1-101 et sec . hereby designates as activities of state interest the following: 1.. site selection of arterial highways and interchanges and collector highways; 2. site selection and construction of major facilities of a public utility; 3. site selection of rapid and mass transit terminals, stations, and fixed guideways; 4. site selection of and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; and 5. site selection and development of solid waste disposal sites. B. The conduct of these designated activities of state interest within the Town of Firestone shall be subject to this designation and all guidelines and regulations set forth in this Ordinance, and shall require a permit from the Town of Firestone unless otherwise exempt. Section 3. A. The Board of Trustees, acting pursuant to C.R.S. 24-65.1-101 et seq. hereby designates as areas of state interest the following areas around key facilities in which development may have a material effect upon the key facility or the surrounding community: 1. areas around major facilities of a public utility; 2. areas are interchanges involving arterial highways; and 3. areas around rapid or mass transit terminals, stations and fixed guideways. B. Areas around arterial highway interchanges, as designated in this Ordinance, shall be considered to be those areas which are immediately and directly affected by the arterial highway interchange, whether existing or proposed, and the boundaries for such designated areas shall be that area within a radius of one (1) mile from the center of the interchange. (See Exhibit A for designated areas). C. Any development within the areas of state interest designated in this Section 3 within the Town of Firestone shall be subject to this designation and all guidelines and regulations set forth in this Ordinance, and shall require a permit from the Town of Firestone unless otherwise exempt. Section 4. Title 17 of the Firestone Municipal Code is hereby amended by the ition_of-a_new Chapter 17.35 to read as follows: 111111111111111111111111111111111111111111111111111 IN 2871015 08/02/2001 12:33P JA Suki Tsukamoto 3 of 32 R 160.00 D 0.00 Weld County CO Chapter 17.38 AREAS AND ACTIVITIES OF STATE INTEREST Sections: Part 1: General Regulations and Procedures 17.38.010 Definitions. 17.38.020 Purpose. 17.38.030 Findings. 17.38.040 Authority and applicability. 17.38,050 Boundaries. 17.38.060 Town not liable for damages. 17.38.070 Designated area maps. 17.38.080 Developments not covered by chapter provisions. 17.38.090 Relationship with other requirements. 17.38.100 Procedure for designation of areas and activities. 17.38.110 Administration. 17.38.120 Application for permit. 17.38.130 Application process and submittal requirements. 17.38.140 Referral of application to appropriate state agencies and others. 17.38.150 Public hearing process. 1738.160 Conduct of permit hearings. 17.38.170 Development respecting matters of state interest not previously designated or regulated. 17.3 8.180 Guidelines for consideration of application. 17.38.190 Proposed development may be approved if in accordance with provisions. 17.3 8.200 Approval or denial of permit application. 17.3 8.210 Intergovernmental agreements. 17.3 8.220 Enforcement of permit requirement. 17.38.230 Development without permit subject to enjoinder. 17.38.240 Amendment of designated area boundaries. 17.38.250 Boundary disputes. Part 2: Specific Designations and Criteria 17.38,260 Specific designations. 17.38.270 Site selection of arterial highways and interchanges and collector highways. 17.38.280 Site selection and construction of major facilities of a public utility. 17.38.290 Site selection of rapid and mass transit terminals, stations, and fixed guideways. 17.38.300 Site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems. 17.38.310 Site selection and development of solid waste disposal sites. 17.38.320 Areas around major facilities of a public utility. 17.38.330 Areas are interchanges involving arterial highways. 17.38.340 Areas around rapid or mass transit terminals, stations and fixed guideways. I 111111111111111 H11111111111111111111111111111111 IN 2871015 08/02/2001 12:33P JA Suki Tsukamoto 4 of 32 fi 160.00 D 0.00 Weld County CO 17.38.010 Definitions. For the purposes of this Chapter 17.38 only, the words and terms used in this Chapter shall have the meanings set forth below unless the context clearly requires otherwise: A. "Appurtenant facilities" means any buildings, structures, or other property which are clearly incidental to and customarily found in connection with major facilities of public utilities and are operated and maintained for the benefit or convenience of the occupants, employees, customers, or visitors of such major facilities. B. "Area around a key facility" means an area immediately and directly affected by a key facility. C. "Arterial highway" means any limited -access highway that is part of the federal - aid interstate system or any limited -access highway constructed under the supervision of the Colorado Department of Transportation. D. "Central office buildings of telephone utilities" means facilities, including appurtenant facilities, owned and operated by a telephone utility for the primary purpose of officing of telephone utilities employees engaged in administrative, accounting, engineering, training and like activities or public office maintained for the transaction of business with telephone utilities customers, including the expansion of existing facilities which would increase office floor space by fifty (50) percent or more. E. "Collector highway" means a major thoroughfare serving as a corridor or link between municipalities, unincorporated population centers or recreation areas, or industrial centers and constructed under guidelines and standards established by, or under the supervision of, the Colorado Department of Transportation, not including a Town local street or local service road or a county road designed for local service and constructed under the supervision of local government. F. "Designation" means that legal procedure for designating areas or activities of state interest specified by C.R.S. 24-65.1-101, et seq., which is carried out by the Board of Trustees. G. "Developer" means any person engaging or proposing to engage in development in an area of state interest or in conduct of an activity of state interest designated or proposed to be designated under the provisions of this Chapter. H. "Development" means any construction or activity that changes the basic character or the use of the land on which the construction or activity occurs but excludes any construction, activity or use exempted from the permit process pursuant to this Chapter. I. "Domestic water and sewage treatment system" means a wastewater treatment plant, water supply system, or water treatment plant, as defined in C.R.S. § 25-9-102(5), (6), and (7), and any system of pipes, structures, and facilities through which wastewater is collected for treatment. J. "Interchange" means the intersection of two or more highways, roads, or streets at least one of which is an arterial highway. At such intersection there must be direct access to and from the state arterial highway. K. "Key facilities" means airports; major facilities of a public utility; interchanges involving arterial highways; rapid or mass terminals, stations, and fixed guideways. L. "Local government" means a municipality. M. "Major facilities of a public utility" means central office buildings of telephone utilities; transmission lines, power plants, and substations of electrical utilities; and pipelines and storage areas of utilities providing natural gas or other petroleum derivatives. N. "Mass transit" means a coordinated system of transit modes providing transportation for use by the general public. �-�� �IIII�I III III�I IIII I��I � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2871015 08102/2001 12:33P JA Suki Tsukamoto 5 of 32 R 160.00 D 0.00 Weld County CO O. "Matter of state interest" means an area of state interest or an activity of state interest or both as defined under C.R.S. 24-65.1-101, et sec . P. "Municipality" means a home rule or statutory city, town, or city and county or a territorial charter town. Q. "Person" includes any individual, limited liability company, partnership, -32 0 corporation, association, company, quasi -municipal corporation, special district, or other — 4 public or corporate body, and includes without limitation any political subdivision, i •— � Y � agency, instrumentality, or corporation of the state or the United States government. �_ �' R. "Rapid transit" means the element of a mass transit system involving a mechanical conveyance on an exclusive lane or guideway constructed solely for that purpose. C o S. "Site Selection", when used in connection with the regulation of the site selection r of arterial highways and interchanges and collector highways, means the preliminary or CS final selection of a highway corridor by whatever means achieved. "Site Selection", Co when used in connection with the regulation of the site selection of any other activity, means the preliminary or final selection of a discrete location for the proposed activity. cc pox r M 17.38.020 PuLpose. o A. The general purpose of this Chapter is to facilitate the identification, N designation and regulation of areas or activities of state interest, consistent with the provisions of chapter 65.1 of title 24, Colorado Revised Statutes, commonly known as House Bill 1041. B. The specific purposes and intent of this Chapter are as follows: I. Adopt guidelines and regulations for the Town's participation in determining areas and activities of state interest, in order to attain better land use planning with quality development for the health, welfare, and safety of the people of the Town and the state and for the protection of the Town and state; 2. Encourage planned, orderly, efficient, and economical land use development; 3. Provide for the needs of agriculture, industry, business, residential communities, and recreation in future growth; 4. Encourage uses of land and natural resources consistent with their character and adaptability; 5. Protect and preserve open agricultural uses and open spaces and the beauty of the landscape; 6. Promote efficient and economical use of public resources; 7. Regulate projects that would otherwise cause excessive noise, water, or air pollution, or which would otherwise degrade or threaten the existing environmental quality within the Town; 8. Ensure that site selection and construction of major facilities of a public utility; site selection of arterial highways and interchanges and collector highways, site selection of rapid or mass transit terminals, stations, and fixed guideways; site selection and construction of major new and existing domestic sewage treatment systems; and site selection and development of solid waste disposal sites occurs so that community development needs are met, desirable community patterns are not disrupted, and direct conflict with adopted local government, regional, and state master plans is avoided; 9. Ensure that areas around key facilities are so designated to reduce any potential risks or dangers to the public health; 10. Ensure that areas around key facilities are developed to discourage traffic congestion, encourage the smooth flow of motorized and nonmotorized 2 traffic, discourage incompatible land uses, and the expansion of the demand for government services beyond the reasonable capacity of the community or region to provide such services as determined by the Town, and preserve desirable existing community patterns; 11. Ensure that areas around major facilities of a public utility are administered so as to minimize disruption of service provided by the public utility and preserve desirable existing community patterns, and, where feasible, are located so as to avoid direct conflict with adopted local government, regional, and state master plans; and 12. Ensure that the administration and construction of domestic water and sewage treatment systems shall be constructed in areas that will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. 17.38.030 Findings. The Board of Trustees of the Town of Firestone finds that: A. Based on duly noticed public hearings, the Board of Trustees considered the current and foreseeable development pressures, and the applicable guidelines for designation issued by the Colorado Land Use Commission as part of its House Bill 1041 Model Land Use Regulations; B. This Chapter 17.38 is necessary because of the intensity of current and foreseeable development pressures on and within the Town; and C. The regulations contained in this Chapter 17.38 are necessary to fulfill the purposes and intentions specified in Section 17.38.020. 17.3 8.040 Authority and applicabiliM A. This Chapter 17.38 is authorized by C.R.S. 24-65.1-101, et SeMc . B. This Chapter shall apply to all proceedings concerning the identification and designation of areas and activities of state interest, and the control of development in any area of state interest or the conduct of any activity of state interest that has been or may hereafter be designated as such by the Board of Trustees. 17.38,050 Boundaries. The boundaries of the designated areas of state interest shall be as they appear on the official recorded designated area maps as adopted by the Town Board of Trustees, and shall be kept on file with the Town Clerk. The boundary lines on the maps shall be determined by the use of the scale appearing on the map. Where there is a conflict between the boundary lines illustrated on the map and actual field conditions, or where detailed investigations show that hazardous conditions are not significant throughout the entire designated area, the dispute shall be settled according to section 17,38.250. 17.38.060 Town not liable for damages. The degree of protection from hazards intended to be provided by this chapter is considered reasonable for regulatory purposes, and is based on accepted methods of study. This chapter is intended to minimize dangers, costs and impacts from hazards. Therefore, unforeseen or unknown conditions or natural or manmade changes in conditions may contribute to future damages to structures and land uses even though properly permitted within designated areas. This chapter does not imply that areas outside designated area boundaries or land uses permitted within such areas will be free from the impact of hazards. This section shall not create a liability on the part of or be the basis of 11111111111111111111111111111111111111111111111 IN 1111 2871015 08/02/2001 12:33P JA Suki Tsukamoto 7 of 32 R 160.00 D 0.00 Weld County CO a cause of action against the Town, or any officer or employee thereof, and shall not be deemed to create any duty of care: 17.38.070 Designated area maps. o The location and boundaries of the designated areas established by ordinance are o shown upon the official designated area maps of the town that are incorporated into this .x chapter. The such maps and all amendments thereto shall be as much a part of this chapter as if fully set forth and described herein. Each change in the official maps shall be subject to the amendment procedure as required in section 17.38.240. CU 1 17.38.080 Developments not covered by chapter provisions. N This Chapter shall not apply to any development that meets any of the following w conditions: A. The development or activity is covered by a current building permit issued N by the Town as of the effective date of this chapter; B. The development or activity has been approved by the electorate; C. The development or activity is open agriculture or single-family dwellings r ; i built or maintained on legal building lots; The development or activity is addressed by an intergovernmental iD. agreement to which the Town is a party and which meets the requirements of Section 17.38.210; such projects and developments will be reviewed under the terms of the intergovernmental agreement; or E. The development or activity has been approved by the Town as part of a final planned unit development plan or has been zoned by the Town for the use contemplated by such development or activity, provided such zoning requires and there is first obtained a final planned unit development plan approval prior to commencement of such development or activity. 17.38.090 Relationship With Other Requirements. A. Whenever a permit is required pursuant to the provisions of this Chapter, the application for such permit may be processed concurrently with any application for Town subdivision, zoning, planned unit development, or special review use approval. Where the provisions of this Chapter overlap with other applicable Town requirements, including but not necessarily limited to Town grading, access, and floodplain regulations, all applicable regulations shall be followed and all required Town permits or approvals shall be obtained. B. These regulations are not intended to duplicate federal or state agency review of any matters of state interest designated herein. However, where in the opinion of the Board of Trustees federal or state review processes do not adequately cover the impacts which these regulations authorize the Town to address, the Town reserves the authority to address those impacts as provided herein. C. It is the intent of this Chapter that subdivision review under Title 16 and planned unit development review under chapter 17.22 of this Title may be carried out simultaneously with the review and permit procedures of this Chapter, but that any subdivision or planned unit development process involving identified areas or activities of state interest be subject to the same requirements that would otherwise apply to any other subdivision or planned unit development proposal. In the event a proposed development is not subject to either the planned unit development provisions of Chapter 17.22 or the subdivision provisions of Title 16, the provisions of this Chapter shall apply to any building, grading, flood plain, street cut, or other permit application involving an identified area or activity of state interest. Nothing herein shall limit any authority of the Town to require a permit or the obligation of any person to obtain a permit, as stated in House Bill 1041. 17.38.100 Procedure for designation of areas and activities. The procedure for designation of areas and activities of state interest shall be as set forth in this section and C.R.S. 24-65.1-101 et sec ., and in the event of conflict the latter shall control. A. Designations may be initiated in the following ways: 1. The Board of Trustees may in its discretion designate and adopt regulations for the administration of any matter of state interest; 2. The Planning Commission may on its own motion or upon request by the Board of Trustees, recommend the designation of matters of state interest following public hearing before the Planning Commission. The Board of Trustees shall decide, in its sole discretion, and pursuant to the requirements of C.R.S. § 24-65.1-101, et s .., whether or not to designate any or all of the requested matters of state interest. - 3. If the Colorado Land Use Commission submits a formal request to the Board of Trustees with regard to a specific matter which the Colorado Land Use Commission considers to be of state interest within the Town, the Board of Trustees shall publish notice and conduct a hearing pursuant to this Chapter and C.R.S. § 24-65.1-101, et se . B. After a designation has been initiated, recommended, or requested pursuant to subsection A of this section, no person shall engage in development in the area or conduct the activity that is the subject thereof until the Board of Trustees has held its hearing and issued its order relating thereto. C. At any hearing to designate a matter of state interest, the Board of Trustees shall consider such evidence as it deems appropriate, including but not limited to testimony and documents addressing the following considerations: 1. The intensity of current and foreseeable development pressures; 2. The matters and considerations set forth in any applicable guidelines for identification and designation issued by the Colorado Land Use Commission; 3. The boundaries of any area proposed for designation; 4. Reasons why the particular area or activity is of state interest, the adverse impacts that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantage of development of such area or conduct of such activity in a coordinated manner; 5. The extent to which other governmental entities regulate the area or activity proposed to be designated; 6. The applicable criteria for administration of the proposed area or activity as set forth in these regulations and C.R.S. § 24-65.1-201, et SeMc .; 7. The legislative declarations stated in C.R.S. §§ 24-65-102, 24- 65.1-101, 29-20-102 and 29-20-108, and other applicable enactments; and 8. Consistency with the Town of Firestone Comprehensive Plan or any municipal plan adopted as part of, pertaining to, or affected by the area or activity under consideration. D. The Board of Trustees may continue its hearing for a period not to exceed 90 days after the first date on which the public hearing is held. E. The Board of Trustees will collect and preserve the following record of the designation process, at minimum: 1. Notice of the hea 9 g; 1 IIIIII IIIII IIIIIII IN IIIIII III IIIIIII III 1111111111111 2871015 08/02/2001 12:33f JA Suki Tsukamoto �_9 of 32 R ifi0.00 D 0.00 Weld County CO 2. Certificate of publication of the notice; 3. Written testimony presented by any persons at the public hearing; 4. An audio recording of the hearing; and 5. The ordinance making appropriate findings supporting any designation and adopting the accompanying guidelines or regulations. F. At the conclusion of the hearing, or within 30 days thereafter, the Board of Trustees may by ordinance adopt, adopt with modification, or reject the proposed designation and accompanying guidelines or regulations. G. Each designation ordinance adopted by the Board of Trustees shall, at a minimum: 1. Specify the boundaries of the designated area of state interest; 2. State reasons why the designation is appropriate in light of the factors considered at the public hearings pursuant to this Section; and 3. Specify the regulations applicable to the designated matter of state interest. H. Upon adoption of a designation ordinance, all relevant materials including the record of any public hearing as described in this section shall be forwarded to the Colorado Land Use Commission for review. If within 30 days after receipt of a designation ordinance and accompanying regulations the Land Use Commission notifies the Board of Trustees that modification of the designation or regulations is recommended and specifies the requested modifications in writing, the Board of Trustees shall, within 30 days after receipt of the recommended modifications: I. Modify the original order in a manner consistent with the recommendations of the Colorado Land Use Commission and resubmit the order to the Colorado Land Use Commission; or 2. Notify the Colorado Land Use Commission that the Colorado Land Use Commission's recommendations are rejected and the reasons therefor. 17.38.110 Administration. The zoning administrator shall administer the provisions of this chapter. When necessary, the zoning administrator may call upon the appropriate state agency to provide technical and scientific assistance in administering the provisions of this chapter. 17.38.120 Application for Permit. A. Any person desiring to undertake development or to make land use changes in a designated area of state interest, or proposing to conduct a designated activity of state interest, in whole or in part, within the Town must first obtain a permit pursuant to this title. Such persons shall file an application for a permit with the Town Clerk. The application shall be on a form prescribed by the Town and Colorado Land Use Commission, and shall be accompanied by such additional information as is required by this Chapter. The applicant for a permit shall be responsible for all costs of processing and reviewing a permit application, including costs of review of an application by engineers, other consultants and legal counsel retained by the Town. Each application shall be accompanied by a signed Cost Agreement for such purpose, in the form provided by the Town and available from the Town Clerk. No application shall be considered complete until a Cost Agreement has been executed by the applicant and any amounts required thereunder have been deposited with the Town. B. An application shall not be accepted unless it is complete. If the application is considered incomplete by the zoning administrator, the zoning administrator shall specify what additional information is required. When a submitted .0 l2871015 08/02/2001 12:33P JA Suki Tsukamoto 10 of 32 R 160.00 D 0.00 Weld County CO s o O =YQ y =Y o �a a �Mo ANC T r Ci 0 Boa Nto G C T CD � N T Q� CO N r application is considered to be complete by the zoning administrator and the applicant, the zoning administrator shall note upon the application the date and hour of its receipt. C. When an applicant seeks a permit to engage in development in more than one area of state interest and/or to engage in development in one area of state interest and to conduct one activity of state interest, the application may be completed for all such activities or developments and may be reviewed in a consolidated hearing. D. The zoning administrator may waive any part of the submission requirements which are not relevant to a decision on the application or which the applicant convinces the zoning administrator are unreasonably burdensome for the applicant. 17.38.130 Application Process and Submittal Requirements. As detailed in this Section, the steps required for any permit approval consist of a preapplication conference; an application; referral to affected agencies and others; staff review; public review before the Planning Commission; public review before the Town Board; and post -approval requirements. A. Preapplication Conference. A preapplication conference is required of all applicants and shall be between the applicant, the zoning administrator and other appropriate Town staff. 1. This meeting is intended to provide an understanding of the applicable review procedures, requirements, and standards, and provide information pertinent to the application and the geographical area affected by the application. 2. Town staff will explain the application procedures and the materials required for submittal. 3. The applicant shall bring a conceptual site plan to the conference. 4. Any comments or commitments made by any member of the Town Staff during this preapplication conference are only preliminary in nature and should not be relied upon by the applicant. All prospective applicants should be informed that formal comments cannot be made by staff until after the complete application is filed. B. Application. Before any request for Town approval under these regulations may be processed, a complete application, meeting the requirements of this Section must be filed with the zoning administrator. 1. The application must include an application form designating all agents for the applicant and exhibiting the applicant's or agent's signature, and have all necessary information completed. The farm shall be accompanied by a executed cost agreement and all fees, maps, plans, and reports required by these regulations. 2. The signature on an application form will be assumed to indicate the applicant's concurrence with all submissions and commitments made by applicant's designated agent. 3. The application must contain a written description of the proposal. 4. All data and plans submitted for review must show the qualifications of the individual in charge of the work. With respect to all application materials, the following professional certification requirements shall apply: a. Improvement plans and reports for drainage, utilities, soils, grading, roads, structures, transportation modeling, transportation planning, transit planning, air quality planning or modeling, and other civil engineering work must be certified by a registered Colorado Professional 11 Engineer, or other qualified professional engineer exempted from licensing requirements by state statute. b. All documents containing land survey descriptions must be certified by a registered Colorado Professional Land Surveyor, or other qualified professional surveyor exempted from licensing requirements by state statute. C. Geology reports shall be prepared by either a member of the American Institute of Professional Geologists, a member of the Association of Engineering Geologists, an individual registered as a geologist by a state, or other qualified professional geologist exempted from licensing requirements by state statute. 5. If the Town does not have qualified staff to review certain elements of an application or referral agencies are not able to adequately advise the Town regarding certain elements of an application, the Planning Commission may authorize that the review be performed by a consultant engaged or approved by the zoning administrator. The Board of Trustees shall have the discretion to decide whether the applicant shall pay all, part of, or none of the consultants' fees, based upon the nature and extent of consulting expertise required. A referral agency may impose a fee for the review of the application. No hearings will be held if any such referral agency's fee has not been paid. 5. The following are general requirements for any map or plan required as part of the application for a Town approval. Minimum requirements include: a. The name of the proposed development or use and total number of acres under consideration. b. The map scale and size should be large enough for effective presentation and should accurately illustrate the application. C. Name, address, and telephone number of the applicant, designer, engineer, surveyor, and any other consultants of the applicant. d. Date of preparation, revision box, written scale, graphic scale, and north arrow for each map. 7. The following requirements shall apply to all applications. a. Detailed description of the need for the proposed development or activity, including but not limited to: i. The present population of the area to be served and the total population to be served by the development of activity for which the permit is sought. ii. The predominant types of users or communities to be served by the proposal. iii. The percentage of the design capacity at which the current system is now operating. iv. The relationship of the proposal to the applicant's long- range planning and capital improvements programs. b. Environmental impact analysis. i. Land Use: (a) Specify whether the proposal conforms to planning policies of the Town and adjacent jurisdictions. (b) Detail the agricultural productivity capability of the land affected by the proposal (SCS classification). llllill Illlllllllll 2871015 Illl 08/02/2001 Illlll 12:33P III Illllll II� Illlll ill llll ,!A Suki Tsukamoto 12 of 32 Et 160.00 D 0.00 Weld County CO F1% (c) Specify how the proposed development will utilize existing easements or rights -of -way for any associated transmission, distribution or collector networks. (d) Specify any additional right-of-way or easements for new or expanded transportation facilities. ii. Water Resources: (a) On the same or another appropriate map, indicate any floodplain associated with the proposal. Documentation of historical flooding activity should be included. Detail potential, adverse impacts related to the associated floodplain. (b) Describe the potential adverse effects of the proposal upon plant and animal life dependent upon the water resources in question. iii. Air Quality: (a) Detail how many average daily vehicle trips will be generated by the proposal or will be made on the proposed transportation facilities. (b) Explain any other adverse impacts on air quality anticipated from the proposal. (c) Describe how any state or federal air quality standards will be impacted and if the proposed transportation facility has been included in the region's air quality models to verify conformity with the air quality plan. iv. Significant Environmentally Sensitive Factors: (a) Identify and locate on a map of appropriate scale any of the following features present in the proposed development or activity and its environs, and detail the potential impact of the proposal upon each feature: (1) Marshlands and wetlands; (2) Groundwater recharge areas; (3) Potential natural hazards; (4) Forest and woodlands; (5) Critical wildlife habitat; (6) Public outdoor recreation areas; and (7) Unique areas of geologic, historic and archaeologic importance. V. Visual Aesthetics and Nuisance Factors: (a) Identify and describe any significant deterioration of existing natural aesthetics, creation of visual blight, noise pollution or obnoxious odors which may stem from the proposal. (b) Identify and describe any structures, excavations and embankments that will be visible as a result of the project. vi. Transportation Impacts: (a) Describe what impacts the proposal will have upon transportation patterns in the area intended to be served or affected by the proposal through the submittal of a traffic impact analysis of the proposed transportation facilities. The traffic impact analysis should include but not be limited to the following: (1) Identification of the facilities required to support the existing and future land uses being served by the proposed transportation facility. 13 V1 (2) Traffic model data verifying consistency with any applicable regional transportation plan, the Colorado Department of Transportation (CDOT) Statewide Transportation Improvement Program (STIP) and any applicable transportation improvement plans or programs. (3) The existing and proposed traffic volume impacts to the adjacent road system, including county roads and local roads under the jurisdiction of the Town or jurisdictions immediately adjacent to the Town. (4) The existing and future Level of Service (LOS) and capacity of the transportation facilities before and after the proposed transportation project is completed. (5) All transportation access information as required by the most current editions of Town of Firestone Access Code and the CDOT State Highway Access Code. (b) A benefit/cost analysis of the proposed transportation improvements and identification of the distribution of the burden of the cost for the proposed improvements to the project as well as the adjacent state, county or local road system. vii. Less Damaging Alternatives: (a) If the zoning administrator, or the Planning Commission or Board of Trustees at its respective public hearing determines that the nature or extent of the proposal involves the potential for significant environmental damage and warrants examination of specific, less environmentally damaging alternatives, the zoning administrator, Planning Commission, or Board of Trustees may require that the applicant evaluate and present information on such alternatives as part of the application or additional evidence to be considered at the public hearing. (b) Required information on alternatives may include, but shall not necessarily be limited to, information on the environmental impacts and cost-effectiveness of the alternatives in relationship to the proposal presented. (c) Proposals for major electrical or natural gas facilities shall include information on alternatives in compliance with C.R.S. §29-20-108 which shall include, but not be limited to, analysis of potential undergrounding or burying of facilities, and alternative facility corridors and locations. 17 38.140 Referral of application to appropriate state agencies and others. A. Upon receipt of a complete application for development, the zoning administrator shall forward a complete copy of such application together with maps and plans to the appropriate state agency for review and recommendations, and to other referral entities determined appropriate by the zoning administrator (the "referral entities"). The referral shall notify the referral entities of the date and proposed hearings on said application, and shall request the entity to make its reviews and recommendations on said application to the zoning administrator within 14 days from the date the Town forwards the application. 1 Ill IIIIz871o15 Osr0212ao11111111111111111111111111111111111111111111111112:33P JA Suki Tsukamoto 2r 14 of 32 R 160.00 D 0.00 Weld County Cq i 0 �o �Eo H CL MCD ANC �r0 �rfl O G ANC C3 r 0 e �n T 0 �r rrr� ao LO N T.- B. The applicant is responsible for preparing the referral packets in the manner prescribed by the zoning administrator. An error made by the applicant in the preparation of referral packets may result in a delay in processing of the application so that the proper referrals can be accomplished. C. Referral responses must be received by the zoning administrator within fourteen days of the date the application is referred by the Planning Commission in order to er_sure that recommendations are considered and included in the materials forwarded to the Planning Commission and Board of Trustees. D. The zoning administrator shall refer the application to those referral entities that the administrator determines are appropriate entities to review and comment on the application, which entities may include, but are not limited to, the following: 1. The Colorado and County Health Departments shall review the application for conformity with all applicable State and County health related regulations. 2. The Colorado Geological Survey may evaluate those geologic factors which would have a significant impact on the proposed use of the land. 3. CDOT shall review the application for conformity to the State Highway Access Code, STEP and the regulations relative to the administration of state and federal transportation systems. 4. The Regional Transportation District (RTD) shall review the proposed transportation facility and provide information relative to the impacts to the District's transit facilities. 5. The Denver Regional Council of Governments (DRCOG) will review the proposed transportation facility and provide information relative to the impacts to the region's Five Year and the 2020 Transportation Improvement Program (TIP), and relative to compliance with air and water quality regulations and plans. b. The Colorado Water Quality Control Division may evaluate the project with respect to compliance with water quality and facility siting statutes and regulations; 7. The Colorado Oil and Gas Conservation Commission may evaluate the project's impacts upon the mineral resource or matters within the Commission's jurisdiction; 8. The Colorado Land Use Commission. 9. Weld County and area municipalities. 10. Interested or affected Town Departments, school districts, water and sanitation districts, recreation districts, fire districts, utility providers, and landowners. E. If there are referral comments received by the zoning administrator that require a response from the applicant, the following actions shall occur: 1. Town staff will transmit by first class mail, fax, or hand delivery, the comments from referral entities as soon as possible following the required referral response period. 2. The applicant shall respond in writing to all issues raised during the referral process. a. Such responses shall be considered an amendment to the application, and shall be made part of the application to be used as a basis for a final staff recommendation. b. If the zoning administrator finds that new information obtained in the referral process results in a substantial change in the proposal, the administrator may consider the application a new 15 application, determine whether it is complete, re -refer the amended application and supporting materials to the referral entities, and amend the processing schedule accordingly. C. If the applicant is unable to supply sufficient responses, then the applicant may request, in writing, a delay in processing the application for up to 90 days. d. If the applicant fails to supply satisfactory responses, the zoning administrator may either base the staff recommendation on review of the file as it exists, or reject the application as a result of the failure to provide information necessary to its proper review. In the case of the latter, the zoning administrator shall inform the applicant in writing. F. Town. staff shall make a recommendation based on its analysis of the record on the application, the referral comments and the applicant's responses to the referral comments. 17.38.150 Public Hearing Process. A. Upon receiving a completed application for a permit under this chapter, the zoning administrator shall schedule the application for a hearing before the Town Board of Trustees. Such hearing shall be scheduled within 90 days of receipt of a completed application. Not later than 30 days after receipt of a completed application for a permit, notice of a public hearing before the Town board on the application shall be published. Such publication shall be at least once.in a newspaper of general circulation in the Town, not less than 30 or more than 60 days before the date set for the hearing. Such notice shall also be given to the state land use commission and to any other persons or agencies requesting notice of the hearing, at the same time the notice is published. B. The zoning administrator shall also schedule the application for a hearing before the planning commission. Such hearing shall be held before the date of the Town board hearing on the application. Notice of the planning commission hearing shall be published in a newspaper of general circulation in the Town not less than 15 days before the hearing date, and shall be mailed to the applicant and to any other persons or agencies requesting notice of the hearing, at the same time the notice is published. 17.38.160. Conduct of Permit Hearings. A. The Planning Commission shall conduct its public hearing in such a manner so as to solicit all relevant testimony from the applicant and members of the public. 1. The Planning Commission shall hear testimony and receive evidence, including, but not limited to: a. The recommendations of the zoning administrator; and b. Relevant testimony and documents presented at the public hearing. 2. The zoning administrator shall preserve the following record of the public hearing before the Planning Commission: a. The permit application. b. The recommendations of Town Staff and any written statements or documents presented in support of or in opposition of the permit application. c. The names and addresses (if available) of all persons making oral or written statements, appearing as witnesses, or offering documentary evidence. d. Any tape recording of the hearing. I�llll lllll 2871015 lllllll l�ll 08/02/2001 llllll 12:33P 111 lllllll III llllll 111 I'll JA Suki Tsukamoto 16 of 32 R 160.00 D 0.00 Weld County CO 1 3. The Planning Commission, upon completion of its public hearing, shall s forward to the Board of Trustees its recommendation on the permit application. B . The Board of Trustees shall conduct its public hearing in such a manner so as to o solicit all relevant testimony from the applicant and members of the public. E Q 1. The Board of Trustees shall hear testimony and receive evidence, including, but not limited to: a. The recommendations of the Town staff and Planning N Commission; and b. Relevant testimony and documents presented at the public m hearing. o N a 2. There shall be preserved the following record of the public hearing r n before the Board of Trustees: '■� Q a. The permit application. e N a b. Any written statements or documents presented in support of or in opposition to the permit application. o c. The names and addresses (if available) of all persons making N oral or written statements, appearing as witnesses, or offering documentary evidence. N r d. Any tape recording of the hearing. e. The resolution of the Board of Trustees granting or denying the permit application. f. A copy of the permit, if issued. C. Hearings conducted pursuant to this chapter may be conducted utilizing the procedures set forth in Chapter 17.44, including but not limited to the decisionmaking procedures set forth in Sections 17.44.070 and 17.44.100. 17 38 170 Development respecting matters of state interest not previously ddesi na�ted or regulated. If a person proposes to undertake any development in a known area of state interest, or, to conduct an activity of state interest, which has not been previously designated, and for which guidelines or regulations have not been adopted, the Town may hold a hearing for the determination of designation and guidelines and granting or denying of the permit. Whenever the Board of Trustees designates a matter of state interest, no person shall engage in any development in such area, and no such activity shall be conducted, until the designation and guidelines or regulations for such an area or activity are finally determined. 17.38.180. Guidelines for consideration of application. A. Deliberations on the permit. application by the Planning Commission and the Board of Trustees shall include but not be limited to: 1. Objectives and definitions of 1974 Colorado Session Laws 336; 2. Guidelines and criteria promulgated and distributed by the land use commission and other applicable state agencies; 3. The technical information presented by the applicant; 4. Recommendations of the planning commission; 5. Recommendations of Town staff; 6. The recommendations of state agencies and referral entities; 7. Relevant testimony and documents presented at the public hearing, and any other pertinent technical information; 8. The severity of hazardous conditions and the future effect of those conditions on the proposed development; 17 0 �Eo mom.= o cL) IL ENO �'- c ~TC 04 CD �04 �CD 00CC 4CQ � CD ~o^oCO �Nr 9. The intensity and character of the proposed development and its future effect on those hazardous conditions; and 16. The relationship between subsections A.8 and A.9 of this section and the related potential impact upon future users of the subject and adjacent or affected. B. The Board of Trustees may deliberate on an application on the date of the public hearing, or may continue the application to a later date, and may direct staff to prepare draft findings, conclusions, and orders on an application for Town consideration. 17.3 8.190. Proposed development may be approved if in accordance with provisions. A. The Board of Trustees may approve a permit to allow a development in a designated area of state interest or to allow a person to conduct a designated activity of state interest if the proposal, including all mitigation measures proposed by the applicant, complies with the requirements and criteria of C.R.S. § 24-65.1-101 et g . and this chapter. B. If the proposal does not comply with all of the applicable requirements and criteria, the permit shall be denied, unless the Town board determines that reasonable conditions can be imposed on the permit which will enable the permit to comply with the requirements and criteria. C. If the Board of Trustees determines at the public hearing that sufficient information has not been provided to it to allow it to determine if the applicable criteria have been met, the Board may continue the hearing until the specified additional information has been received. D. The permit shall be issued on a form prescribed by the Town, which may be the Board of Trustees' written resolution of decision on the application. The permit may be issued for an indefinite term or a specified number of years. E. Before any permit is issued, the Board of Trustees may, in its discretion, require the applicant to file a guarantee of financial security deemed adequate by and made payable to the Town, and the purpose of which shall be to assure that the applicant or permittee shall faithfully perform all requirements of the permit. Any requirement for a financial guarantee shall be specified in the written decision of the Board of Trustees on the permit application. 17.38.200 Approval or Denial of Permit Application. Within 45 days after conclusion of hearings on the development application permit, the Town board shall render a decision as to approval or denial. The Town board shall state in writing the reasons for its decision and its findings and conclusions, and shall provide timely transmittal of its findings to the applicant, the appropriate state agency, and the state land use commission. 17.38.210 Intergovernmental A eements. A. Upon request of the State of Colorado or a political subdivision of the state as defined by C.R.S. § 29-1-202(1), proposing to develop in an area of state interest or to engage in an activity of state interest, the requirements of this chapter may be met by the approval of an intergovernmental agreement in lieu of a permit application and review as provided by these regulations. In the event such an agreement is approved by the Board of Trustees, no permit application to develop in the area or to conduct the activity of state interest shall be required, provided that all of the following conditions are met: 1. The state or political subdivision/developer and the Town must both be authorized to enter into this agreement. 18 2. The purpose and intent of this chapter and C.R.S. § 24-65.1-101 et sett . must be satisfied by the terms of the agreement as determined by the Town in its review of the agreement. 3. A public hearing must be conducted by the Board of Trustees to publicly review and approve of the proposed agreement. Notice of the public hearing shall be published once at least 30 and not more than 60 days prior to the hearing in a newspaper of general circulation in the Town and county. 4: Both the Board of Trustees and the governing body of the state or political subdivision/developer must approve the agreement in the manner required of each of them by the Colorado Constitution, state statutes and any applicable charter, ordinance or resolution. B. Exercise of the provisions of this section by the state or political subdivision/developer will not prevent that entity from electing at any time to proceed under the permit provisions of these regulations. Additionally, any entity which has previously proceeded under the permit provisions of these regulations may at any time elect to proceed instead under this Section. 17. ; 8.220 Enforcement of Permit Requirement. A. When it comes to the attention of the Board of Trustees that the provisions of any permit have been violated by the permittee, the Board, if it determines that enforcement action is appropriate, shall give the permittee written notice of the specific violation and of a hearing on the proposed violation which the Board of Trustees shall schedule no sooner than 30 days after the date of the written notice. If the Board of Trustees determines that an emergency situation exists the Board may schedule the hearing sooner than 30 days, provided that the permittee receives at least five working days' prior notice of the hearing. B. If the permittee fails to correct the violation by the public hearing date, and the Board of Trustees determines at the public hearing that the violation exists, the Board, in its discretion, may impose an appropriate sanction, including but not necessarily limited to temporary suspension of the permit for a reasonable time certain; an order to correct the violation within a reasonable time certain; the requirement for additional financial guarantees; or revocation of the permit. C. The Town shall have the authority to seek an injunction or other appropriate relief in the appropriate state or federal district court if the permittee fails to correct the violation or to comply with any sanction imposed at the public hearing. D. Any permit issued under these regulations shall be deemed to include the granting of the permittee's consent to entry and inspections by the Board of Trustees and its authorized representatives as may be necessary at any time during regular business hours, without prior notice to the permittee, to determine compliance with the terms of the permit. 17.38.230 Development Without a Permit Sub'ect to Enjoinder. After the effective date of this chapter, any person desiring to engage in a development in a designated area of state interest or to conduct a designated activity of state interest who does not obtain a permit pursuant to this chapter may be enjoined by the state land use commission or the Town from engaging in such development; and such developer shall be liable for all costs involved in any court action to enjoin such development, including reasonable attorney's fees, expert witness fees, and costs. I IIIIII IIA 111111111111111111111111111111111111111 IN 19 2871015 08/02/2001 12:33P JA Suki Tsukamoto 19 of 32 R 160,00 D 0.00 Weld County CO Amendment of designated area boundaries shall be in accordance with the procedures prescribed by Chapter 17.44 for the amendment or change of zoning ordinances. 17.38.250 Bounda Disputes. A. In addition to the amendment procedure provided in section 17.38.240, special procedure set out in subsection B of this section shall be used by the Town board in deciding contested cases in which the boundary of a designated area of state interest is disputed, or in cases where because of local, detailed circumstances the designated condition does not present a significant hazard to public health or safety or to property at the specific location for the particular proposed land use. B. In all cases, a person contesting the location of the designated area boundary or the severity of conditions at a specific location within the designated area shall be given a reasonable opportunity to present a case to the Town board and shall submit technical evidence to support such contest. The Town board shall not amend the boundary line as mapped or non -permitted land uses within the boundary areas unless credible evidence clearly establishes, in the opinion of the Town board, that the conditions do not present a significant hazard to public health or safety, or to property at the specific location within the hazard area boundary for the particular proposed land use, or that the proposed use will not violate the criteria for administration of areas or activities of state interest set forth in C.R.S. §§ 24-65.1-201 through -204. 17.38.260 Specific Designations. A. The Board of Trustees, having considered the intensity of current and foreseeable development pressures and applicable guidelines for identification and designation adopted and issued by the Colorado Land Use Commission, as well as the other relevant factors set forth in this Chapter, at a duly noticed public hearing held in accordance with C.R.S. § 24-65.1-401 et seq., finds and declares the following areas and activities to be matters of state interest: 1. site selection of arterial highways and interchanges and collector highways; 2. site selection and construction of major facilities of a public utility; 3. site selection of rapid and mass transit terminals, stations, and fixed guideways; 4. site selection of and construction of major new domestic water and sewage treatment systems and major extensions of existing domestic water and sewage treatment systems; and 5. site selection and development of solid waste disposal sites. 6. the following areas around key facilities in which development may have a material effect upon the key facility or the surrounding community: a. areas around major facilities of a public utility; b. areas are interchanges involving arterial highways; and c. areas around rapid or mass transit terminals, stations and fixed guideways. B. Any development within any of such designated areas, and the conduct of any of such designated activities, within the boundaries of the Town of Firestone shall be subject to these designations, shall require a permit, and shall be subject to the accompanying regulations as set forth herein. C. The reasons for such designations are as stated in Ordinance No. � 79 and Section 17.38.020 and incorporated herein. D. Areas around arterial highway interchanges, as designated hereunder, shall be considered to be those areas which are immediately and directly affected by the arterial highway interchange, whether existing or proposed. The boundaries for these areas shall be an area within a radius of one mile from the center of the interchange. 17.38.270 Site selection of arterial highway and i 111111111111 H1 2871015 08/02/2001 20 of 32 R 160.00 1111111111111111111111111111 12:33P JA Suki Tsukamoto 0 0.00 Weld County Co I A. A permit to engage in site selection of an arterial highway and interchange and collector highway shall be required at the time of site selection as defined in this Chapter. The term "site selection" shall in all contexts be construed to require a permit before any grading, earth moving, or other work is done which shall physically affect the site or corridor selected. Any permit granted for site selection activity shall state that the particular activity for the particular site or corridor therein described shall be allowed. A new permit shall be required for any other site selection activity, site, or corridor not specifically covered by a permit. B. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for the site selection of an arterial highway, interchange or collector highway shall be subject to the following additional criteria: 1. The arterial highway, interchange or collector highway shall be located so that: a. community traffic needs are met. By way of example and not limitation, the arterial highway, interchange or collector highway shall not be located so as to: i. cause or significantly contribute to congestion on or overuse of community roads and streets; ii. cause or contribute to any unacceptable traffic safety condition; or iii. significantly interfere with pedestrian or bike paths or trails, or with provision of other alternative modes of transportation; b. desirable community patterns are not be disrupted. By way of example and not limitation, the arterial highway, interchange or collector highway shall not be located so as to: i. significantly degrade the natural characteristics of existing open agricultural areas, parks or open space; ii. significantly degrade view corridors or active or passive recreation opportunities associated with existing open space; iii. create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space; iv. significantly disrupt existing residential and rural areas; or V. isolate Town lands, residences or residential areas from public facilities, including but not limited to schools, hospitals, bus facilities, recreation areas, open spaces, or pedestrian or bike paths or trails. C. direct conflicts with adopted local, regional and state master plans are avoided. By way of example and not limitation, the arterial highway, interchange or collector highway shall -not be located so as to: i. directly conflict with any alignment or location set forth in an adopted local, regional or state master plan, or in any other applicable planning document; or ii. directly conflict with land uses anticipated within an adopted local, regional or state master plan, or with other applicable land use plans. 2. All provisions of the permit application procedure have been complied with. II�IIII�����IIIII�I�II��IIIIIIIIII�IIIIIIII�II�II�III�I � 2871015 08/02/2001 12:33P JA Suki Tsukamoto 21 of 32 R 160.00 t) 0.00 Weid County CO 3. Arterial highways and interchanges and collector highways shall be located only in those community areas for which a clear and reasonable need for such highway facility has been demonstrated. 4. Other reasonable modes of transportation shall be incorporated into the proposal for the arterial highway, interchange or collector highway. 5. The proposal shall be consistent with alternatives which may be utilized by the Town in planning for and controlling adjacent Iand use. b. Arterial highways and interchanges and collector highway shall be located in a manner that does not significantly impede the delivery of essential community goods and services, including without limitation police, fire and other emergency services. 7. Arterial highways and interchanges and collector highways shall be located in a manner that does not significantly restrict access via other roadways, mass transit facilities, or pedestrian or bike paths or trails to local commercial services, businesses and employment centers. 8. The location of arterial highways and interchanges and collector highways shall not contribute to the expansion of demand for public services or utilities beyond the reasonable capacity of the serving authorities or utilities to provide such services. 9. Arterial highways and interchanges and collector highways shall be located so as to complement the compact and efficient extension of urban services, utilities, and development, if planned for the community. 10. The benefits of the arterial highway or interchange or collector highway location shall outweigh the loss of any natural resources or agricultural or other lands rendered unavailable by the proposal. C. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17.38.280 Site selection and construction of major facilities of a public utili A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for the site selection and construction of a major facility of a public utility shall be subject to the following additional criteria: 1. The facility shall be located so that: a. desirable community patterns will not be disrupted. By way of example and not limitation, the facility shall not be located so as to: i. significantly degrade the natural characteristics of existing open agricultural uses, parks or open space; ii. significantly degrade view corridors or active or passive recreation opportunities associated with existing open space; iii. create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space; iv. significantly disrupt existing residential and rural areas; or V. isolate Town lands, residences or residential areas from public facilities, including but not limited to schools, hospitals, bus facilities, recreation areas, open spaces, or pedestrian or bike paths or trails. b. direct conflicts with adopted local, regional and state master plans are avoided. By way of example and not limitation, the facility shall not be located so as to: 111111111111 HIM IIII IIII I III IIIIIII 111111111111 IN 227o01320R02/2001 160 00 Rt0.00P JA SuWeld Cooto unty CO i. directly conflict with any alignment or location set forth in an adopted local, regional or state master plan, or in any other applicable planning document; or ii. directly conflict with land uses anticipated within an adopted local, regional or state master plan, or with other applicable land use plans. iii. in reviewing compliance with this subsection b., the Town may require that the applicant present siting and design alternatives in addition to those preferred by the applicant, and may require that the applicant provide analysis of the costs and feasibility of alternative routes. C. existing natural hazards and dangerous conditions are not exacerbated; 2. All provisions of the permit application procedure have been complied with. 3. The facility shall be located only in service areas for which a clear and reasonable need for such facility has been demonstrated. 4. For an facility that is also a "major electrical or natural gas facility", as defined in C.R.S. § 29-20-108, the applicant has complied with all procedural requirements of House Bill 01-1195, enacted by the 62nd Colorado General Assembly. 5. The proposal shall be consistent with alternatives which may be utilized by the Town in planning for and controlling adjacent land use. 6. The facility shall be constructed of materials and in methods designed to ensure consistency to the greatest extent possible with the Town's master plan, development regulations and zoning and building ordinances. The applicant shall be required to submit information on alternative materials and methods of construction for evaluation by the Town. 7. The facility shall not significantly impact the delivery of, or be projected to have an excessive demand upon, essential community services, including without limitation police, fire and other emergency services. 8. Facilities that occupy a corridor shall be located in a manner that does not significantly restrict access routes or pedestrian or bike paths or trails to local commercial services, businesses, employment centers, residential areas, recreational areas, or open space lands. 9. The facility shall not contribute to the expansion of demand for public services or utilities beyond the reasonable capacity of the serving authorities or utilities to provide such services. 10. The benefits of the facility shall outweigh the loss of any natural resources or agricultural or other lands rendered unavailable by the proposal. B. The facility will not adversely impact the physical, economic, or social environment of the Town or, if an adverse impact is expected to occur, reasonable modifications and mitigation measures will be implemented and maintained to minimize the degree of adversity of the impact. C. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17.38.29C Site selection of rapid and mass transit terminals, stations, and fixed guideway A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for the site selection of rapid and mass transit terminals, stations, or fixed guideways shall be subject to the following additional criteria: 1. The facility shall be locat2ed� 1111111 2871015 II08/02/I2001 12:33P JA Suki Tsukamoto 23 of 32 R 160.00 D 0.00 Weld County CO a. in a coordinated manner with other existing or planned transportation systems; b. so that desirable community patterns will not be disrupted. By way of example and not limitation, the facility shall not be located so as to: i. significantly degrade the natural characteristics of existing open agricultural uses, parks or open space; ii. significantly degrade view corridors or active or passive recreation opportunities associated with existing open space; iii. create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space; iv. significantly disrupt the functionality of existing or planned transportation infrastructure; V. significantly disrupt existing residential and rural areas; or vi. isolate Town lands, residences or residential areas from public facilities, including but not limited to schools, hospitals, bus facilities, recreation areas, open spaces, or pedestrian or bike paths or trails. C. in compliance with the Town of Firestone master plan and, in any event, in furtherance of the purposes set forth in C.R.S. §31-23-303(1). d. so that direct conflicts with adopted regional and state master plans are avoided. By way of example and not limitation, the facility shall not be located so as to: i. directly conflict with any alignment or location set forth in an adopted regional or state master plan, or in any other applicable planning document; or ii. directly conflict with land uses anticipated within an adopted regional or state master plan, or with other applicable land use plans. iii. in reviewing compliance with .subsection c and this subsection d., the Town may require that the applicant present siting and design alternatives in addition to those preferred by the applicant, and may require that the applicant provide analysis of the costs and feasibility of alternative routes. d. so existing natural hazards and dangerous conditions are not exacerbated; 2. All provisions of the permit application procedure have been complied with. 3. The following shall be met with respect to mass transit facilities: a. stations, shelters and terminals shall be appropriately located to meet transit needs; b. all facilities shall have safe access and egress for all transit modes and shall have adequate parking; C. all facilities shall be designed to support multi -modal transportation needs; and d. the facilities shall comply to the maximum extent possible with Town design and building requirements. 4. For rail facilities, the applicant shall submit with its application information and consents to cooperate with respect to potential designation of Ilfi i IIIII 2871015 Iflllll illl 08/02/2001 �i!!II 12:33P III lIIIIII Ill 111111111 IN JA Suki Tsukamoto 24 of 32 R 160.00 O 0.00 Weld County CO � o �� 2 a =Y 8 H �Y O � G] a �Mo M CD r � a �� •" CD BCDCD N O �NUD 4 � 00 CD N LO M �^ 4 �00LO N N areas within the Town as areas in which train horns will not be utilized during specified hours. 5. The facility shall be located only in service areas for which a clear and reasonable need for such facility has been demonstrated. 6. The proposal shall be consistent with alternatives which may be utilized by the Town in planning for and controlling adjacent land use. 7. The facility shall not significantly impact the delivery of, or be projected to have an excessive demand upon, essential community services, including without limitation police, fire and other emergency services. 8. The facility corridor shall be located in a manner that does not significantly restrict access routes or pedestrian or bike paths or trails to local commercial services, businesses, employment centers, residential areas, recreational areas, or open space lands. 9. The preferred location for the facility shall the one that requires the least possible amount of demolition or condemnation of residences or businesses. 10. Light rail facilities shall be limited to the existing corridor reserved from the Dent Branch railroad right-of-way, unless otherwise approved by the Town Board. 11. The facility shall not contribute to the expansion of demand for public services or utilities beyond the reasonable capacity of the serving authorities or utilities to provide such services. 12. The benefits of the facility shall outweigh the loss of any natural resources or agricultural lands rendered unavailable by the proposal. B. The facility will not adversely impact the physical, economic, or social environment of the Town or, if an adverse impact is expected to occur, reasonable modifications and mitigation measures will be implemented and maintained to minimize the degree of adversity of the impact. C. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17.38.300 Site selection and construction of major new domestic water and sewage treatment systems and major extensions of existing domestic water and sewage treatment systems. A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for the site selection and construction of major new domestic water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems shall be subject to the following additional criteria: 1. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. 2. Major extensions of such systems shall be permitted only in those areas in which the anticipated growth and development that may occur as a result of such extension. can be accommodated within the financial and environmental capacity of the area to sustain such growth and development. 3. The facility shall be located so that: a. desirable community patterns will not be disrupted. By way of example and not limitation, the facility shall not be located so as to: i. significantly degrade the natural characteristics of existing open agricultural uses, parks or open space; ii. significantly degrade view corridors or active or passive recreation opportunities associated with existing open space; W i create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious S odors, particularly in areas adjacent or in close proximity to E existing residential areas or open space; or C Y iv. significantly disrupt existing residential, commercial, open a r G space, or rural areas. v b. direct conflicts with adopted local, regional and state master plans r a are avoided. By way of example and not limitation, the facility shall not be -' located so as to: fl M—M M IS, i. directly conflict with any alignment or location set forth in r a an adopted local, regional or state master plan, or in any other applicable planning document; or ii. directly conflict with land uses anticipated within an N adopted local, regional or state master plan, or with other 33 cc applicable land use plans. C. existing natural hazards and dangerous conditions are not o o exacerbated; 4. All provisions of the permit application procedure have been complied `V with. 5. The proposed development shall not adversely affect drainage patterns and shad be supported by adequate water rights. 6. The proposed development will not result in a duplication or proliferation of services. 7. There is no existing underutilization or inefficient utilization of existing faclities. 8. The proposal shall be consistent with alternatives which may be utilized by the Town in planning for and controlling adjacent land use. 9. The facility shall not significantly impact the delivery of, or be projected to have an excessive demand upon, essential community services, including without limitation police, fire and other emergency services. 10. The benefits of the facility shall outweigh the loss of any natural resources or :agricultural lands rendered unavailable by the proposal. 11. The proposed facility and its collector or distribution system will not significantly deteriorate aquatic habitats, marshlands or wetlands, groundwater recharge areas, sloping or unstable terrain, habitat areas, or public outdoor recreation areas. 12. The proposed facility must be necessary and demonstrated to be in compliance with all state regulations. B. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17 38 310 Site selection and development of solid waste disposal sites. A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for the site selection and development of solid waste disposal sites shall be subject to the following additional criteria: 1. Major solid waste disposal sites shall be developed in accordance. with sound conservation practices and shall emphasize, where feasible, the recycling of water materials. ' 2. The site selection and development shall take into consideration the longevity and subsequent use of the site, soil and wind conditions, the potential problems or pollution. inherent in the proposed site, and the impact on adjacent property owners, compared with alternative locations. In reviewing compliance with this subsection 2, the Town may 26 require the applicant provide siting alternatives and, with respect to such alternative sites, 'information on the matters stated in this subsection 2 and information Iisted in Section 17.38.130 as is required for the proposed location subject to permitted under this Chapter. 3. The facility shall be located so that: a. . desirable community patterns will not be disrupted. By way of example and not limitation, the facility shall not be located so as to: i. significantly degrade the natural characteristics of existing open agricultural uses, parks or open space; ii. significantly degrade view corridors or active or passive recreation opportunities associated with existing parks or open space; iii. create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space; or iv. significantly disrupt existing residential and rural areas. b, direct conflicts with adopted local, regional and state master plans are avoided. By way of example and not limitation, the facility shall not be located so as to: i. directly conflict with any alignment or location set forth in an adopted local, regional or state master plan, or in any other . applicable planning document; or ii. directly conflict with land uses anticipated within an adopted local, regional or state master plan, or with other applicable land use plans. C. existing natural hazards and dangerous conditions are not exacerbated; 4. All provisions of the permit application procedure have been complied with. 5. The site .shall be designed, developed and operated to minimize disruption to traffic patterns and impact to Town streets. 6. The site shall be designed, developed and operated to minimize off -site light, odors, noise and similar adverse impacts. 7. Hours of operation shall be subject to Town approval. 8. There is no existing underutilization or inefficient utilization of existing facilities. 9. No facility shall be located so as to adversely affect established drainage patterns, groundwater recharge areas, or floodplain areas. 10. The proposal shall be consistent with alternatives which may be utilized by the Town in planning for and controlling adjacent land use. 11. The facility shall not significantly impact the delivery of, or be projected to have an excessive demand upon, essential community services, including without limitation police, fire and other emergency services. 12. The benefits of the facility shall outweigh the loss of any natural resources or agricultural lands rendered unavailable by the proposal. 13. The proposed facility and its collector or distribution system will not significantly deteriorate aquatic habitats, marshlands or wetlands, groundwater recharge areas, sloping o- unstable terrain, habitat areas, or public outdoor recreation areas. 14. The proposed facility must be necessary and demonstrated to be in comvliance with all state regulations. 111111111111111111111111111111111111111111111111111 I111 2871015 08/02/2001 12:33P JA Suki Tsukamoto 27 of 32 R 160.00 D 0.00 Weld County CO B. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17.38.320 Areas around major facilities of a public utility. A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for development in areas around major facilities of a public utility shall be subject to the following additional criteria: 1. The proposed development shall be administered to minimize danger to public healfi and safety and to property. 2. The proposed development shall avoid traffic congestion, incompatible uses, and the expansion of demand for government services beyond the reasonable capacity of the community or region to provide such services. 3. The proposed development shall encourage the smooth flow of traffic and compatibility of motorized and non -motorized traffic. 4. The proposed development shall preserve desirable existing community patterns. By way of example and not limitation, the proposed development shall not: a. significantly degrade the natural characteristics of existing open space; b. significantly degrade view corridors or active or passive recreation opportunities associated with existing open space; C. create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space; d. significantly disrupt existing residential and rural areas; or e. significantly impact or degrade existing land forms, landscaping, or buffer or transition areas between land uses. 5. A development that proposes burdens or deprivations on the Town and other communities of the region shall not be justified on the basis of local benefit alone. 6. The proposed develop shall minimize disruption of the service provided by the public utility. 7. All provisions of the permit application procedure have been complied with. 8. The proposed development must comply with existing zoning regulations in the area, with all applicable master plans, and with all other applicable local, state and federal law. B. The Town, as part of the permitting process for the proposed development, may establish control zones intended to carry out the provisions of this Chapter. Such zones may includes hazard zones, in which all development may be prohibited; buffer zones, in which limited uses compatible with the facility may be allowed; and transition zones; in which uses intended to integrate the facility with planned and existing uses in the area may be allowed. C. Development in areas around a major facility of a public utility may be subjected to additional setback requirements, which may be established through the permitting process based on site specific consideration, including but not limited to the potential impacts of the facility on the proposed uses, safety considerations related to the proximity of uses; and potential expansion of the facility. D.. A use otherwise permitted in the Town zoning ordinance may be limited or conditioned if necessary to ensure compliance with the provisions of this Chapter. E. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17.38.330 Areas around interchanges -involving arterial hi 111111111111111111111111111111111111111111111111111 1111 �8 i2:33P �'Co�untv amotoI2QQ87085 2 o r A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.050, any permit application under this chapter for development in areas around o interchanges involving arterial highways shall be subject to the following additional criteria: E 1. The proposed development shall be administered to minimize danger to cpublic health and safety and to property. —_ 2. The proposed development shall discourage traffic congestion, nincompatible uses, and the expansion of demand for government services beyond the reasonable a capacity of the community or region to provide such services. 3. The proposed development shall encourage the smooth flow of traffic and Q compatibility of motorized and non -motorized traffic. "' a 4. The proposed development shall preserve desirable existing community r patterns. By way of example and not limitation, the proposed development shall not: oo a. significantly degrade the natural characteristics of existing open space; b. significantly degrade view corridors or active or passive recreation CO o opportunities associated with existing parks or open space; .� L C. create blight or cause other nuisance factors, such as excessive noise, dust, o o smoke, light, and emissions, or obnoxious odors, particularly in areas 0IM adjacent or in close proximity to existing residential areas or open space; do significantly disrupt existing residential and rural areas; or e. significantly impact or degrade existing land forms, landscaping, or buffer or transition areas between land uses. 5. A development that proposes burdens or deprivations on the Town and other communities of the region shall not be justified on the basis of local benefit alone. 6. All provisions of the permit application procedure have been complied with. 7. The proposed development must comply with existing zoning regulations in the area, with all applicable master plans, and with all other applicable local, state and federal law. B. The permit shall be denied if it does not satisfy all applicable requirements and criteria. 17.38.340 Areas around rapid or mass transit terminals, stations and fixed guideways. A. In addition to the general requirements and criteria of Sections 17.38.010 through 17.38.250, any permit application under this chapter for development in areas around rapid or mass transit terminals, stations and fixed guideways shall be subject to the following additional criteria: i . The proposed development shall be administered to minimize danger to public hca+th and safety and to property. 2. The proposed development shall discourage traffic congestion, incompatible uses, and the expansion of demand for government services beyond the reasonable capacity oL'the community or region to provide such services. 3. The proposed development shall encourage the smooth flow of traffic and compatibility of motorized and non -motorized traffic. 4. The proposed development shall preserve desirable existing community patterns. By way of example and not limitation, the proposed development shall not: a. significantly degrade the natural characteristics of existing open space; b. significantly degrade view corridors or active or passive recreation opportunities associated with existing open space; C. create blight or cause other nuisance factors, such as excessive noise, dust, smoke, light, and emissions, or obnoxious odors, particularly in areas adjacent or in close proximity to existing residential areas or open space; 29 tm (1 d. significantly disrupt existing residential and rural areas; or e. significantly impact or degrade existing land forms, landscaping, or buffer or transition areas between land uses. 5. A development that proposes burdens or deprivations on the Town and other communities of the region shall not be justified on the basis of local benefit alone. 6. All provisions of the permit application procedure have been complied with. 7. . The proposed development must comply with existing zoning regulations in the area, with all applicable master plans, and with all other applicable local, state and federal law. B. Development in. areas around a terminal, station or guideway may be subjected to additional setback requirements, which may be established through the permitting process based on site specific consideration, including but not limited to the potential impacts of the terminal, station or guideway on the proposed uses, safety considerations related to the proximity of uses; and potential expansion of the facility. C. The development may be required to integrate its transportation plan into existing and planned utilization of the terminal, station or guideway. D. A use otherwise permitted in the Town zoning ordinance may be limited or conditioned if necessary to ensure compliance with the provisions of this Chapter. E. The permit shall be denied if it does not satisfy all applicable requirements and criteria. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. Any person who violates any provision of this Ordinance shall be punished by a fine of not more than $1,000 or by imprisonment not to exceed one. (1) year or both such fine and imprisonment. Each day during any portion of which any violation of any provision of this ordinance is committed, continued, or permitted by any such person shall be a separate offense. Section 7. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 8. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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. 4 4111441111i 111141I I lls 111411 III l l 111 l4 l l l 11 li 11111 I II l 307o0 1 320 R1212001 64 OU R1O.00P Weld County Cp Tsuoto �i] • r r INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED this 02_ day of U )2001. ATTEST: 0i e� 1 Cheri Andersen Town Clerk Z.6 N L '••.....••0c; . 1��111 ivultmil 1111111m111111%1111 VIE 12:33P JA Sukf TsukavnotO 2871015 0810212001 31 of 32 R 150.06 4 0.00 Weld C4unry Ca Rick Patterson Mayor 31 'j 44�yy 4�y j IjjIIIIIIIIIIIIIIIIIIIIIIIIIIII t ir��l4l� ��ii� 4411��1 Ill Il-12.33P dA 3uki TS63M to 2871015 0810212UU1 32 of 32 R 160.00 D u uu weld County Co NORTH I, Propodl I $Cn1G Firestone Urban 3 Growth Boundary 2 � E• v li� Ra605 . SH 119 Existing Interchange. r 14 11 N • 1- sae �yad�os.... Potential Interchange WCR 22. 1.� 14 I I7• lit! i>•i>� �■■� r Firestone Urban Growth Boundary T ci a� WCR 20 j'..:;fiEFi sF.i a. u u: Exhibit A Designated Areas Around Arterial Highway Interchanges r The Towne of firestone 151 Grant Avenue P.O. sox 104 Firestone, CO 80520 .: ffllffflllflfflfflll�ffflfllfl�ffflf�lffff�Iflf �' 2881898 09/07/2001 12:45P f f jf I��f 1� or ;6 R 25.00 0 0.00 WeldCounty Csoukamota 1 _ 89� ORDINANCE NO. AN ORDINANCE APPROVING THE VACATION OF CERTAIN TEMPORARY UTILITYIDRAINAGE, EMERGENCY VEHICLE, AND INGRESS/EGRESS EASEMENTS WITHIN THE TOWN OF FIRESTONE WHEREAS, by the plats of St. Vrain Ranch Subdivision, Filing I, and St. Vrain Ranch Subdivision, Filing IV, the Town was granted certain temporary, 68-foot wide and 54-foot wide utility/drainage, emergency vehicle, and ingress/egress easements over certain properties as shown and depicted on such plats; and WHEREAS, the plats of St. Vrain Ranch Subdivision, Filing V, and St. Vrain Ranch Subdivision, Filing VI, dedicated and aligned Devonshire, Sage, Dover and Shenandoah Streets; and WHEREAS, as a result of such dedications and alignments, portions of such 68-foot wide and 54-foot wide temporary easements, as further described on Exhibit A (the "Temporary Easements"), are no longer needed; and WHEREAS, the Town Board has determined that the Temporary Easements to .be vacated by this ordinance are not and will not be needed for any public purposes and are not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in the Temporary Easements as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby vacates those certain 68-foot wide and 54-foot wide Temporary Utility/Drainage, Emergency Vehicle, and Ingress Easements dedicated to the Town by the Plats of St: Vrain Ranch Subdivision, Filing I and St. Vrain Ranch Subdivision, Filing IV which are more particularly described in Exhibit A attached hereto and incorporated herein by reference. Section 2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Temporary Easements vacated by this ordinance. Section 3. Easements as dedicated on the plats of St. Vrain Ranch Subdivision, Filing V, and St. Vrain Ranch Subdivision, Filing VI, and easements for existing public utilities, if any, shall not be altered or amended by virtue of this ordinance. 1 111111111111111111111111111! I I I I I! 111111111 IN 2881898 09/07/2001 12:45P JA 5uk[ Tsukamoto I 12 of 5 R 25.00 D 0.00 Weld County CC J ; Section' 4. All other ordinances or, portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED, IN FULL this .QS day of , 2001. TOWN OF FIRESTONE, COLORADO Cheri Andersen, Town Clerk 8/23/01 Z 18 PN[51-]F lOflicelFireStonelOrdlStVrainVITempEasemenlVacation.Ord 2 111111111111111111111111111111111111111111111111111111 2881898 09/07/2001 12:45P JA Suki Tsukamoto 3 of 5 R 25.00 D 0.00 Weld County CO ,n ALBERS, DREXEL & POHLy, INC 1860 Industrial Circle, Suite D , Longmont • Colorado . 8050, EXHIBIT A (I of 3) August 3, 2001 Telephone: (303) 882-1131 • Fax: (3031.682,1149 A description of a portion of a 68 foot Temporary Utility/Drainage, Emergency Vehicle & Ingress/Egress Easement, that crosses ST. VRAIN RANCH SUBDIVISION, FILING VI, to be vacated by the Town of Firestone. For: St. Vrain Partners, LLC. LEGAL DESCRIPTION A tract of lard located in the SW114 of Section 7, T2N, R67W of the 6th P.M., Town of Firestone, County of Weld, State of Colorado, described as follows: COMMENCING at the S1l4 Corner of said Section 7, from which the Southwest Comer of said Section 7 bears N89028142"W, 2335.58 feet (Basis of Bearing), thence N89°28'42'W, .2129.73 feet along the So.ith Line of the SW114 of said Section 7 to the Southwest Corner of ST. VRAIN RANCH SUBDIVISION, FILING I, a subdivision located on the 8112 ' of said Section- 7, in- the, TgWb%-.�bf Firestone, County of Weld, State of Colorado, according to the recorded plat.thereof; :ThehC*$ N00019'48"E 50.00 feet along the Westerly Line of said ST. VRAIN RANCH SUBDIVISION, to the North Right-of-way Line of Sable Avenue (Road 22), according to the recorded plat..of,saii -ST- VRAIN RANCH SUBDIVISION, FILING 1; Thence S89 2842 E, 323.98 feet alohg..the NprthRigi""t of-. way tine of said Sable Avenue to a point of curvature along. the Westerly Line-�of that1:,68-, fcot Temporary Utility/Drainage, Emergency Vehicle & Ingress/Egress Easement according to the recorded plat of said ST. VRAIN RANCH SUBDIVISION, FILING I and the TRUE POINT OF BEGINNING: Thence continuing S89°28'42"E, 26.9.9 feet along the North Right-of-way Line of said Sable Avenue to a point of curve to the left along the Westerly Right-of-way Line of Devonshire Street according to the recorded, plat of ST. VRAIN RANCH SUBDIVISION, FILING V, a subdivision located in the SW114 of said Section 7, in the Town of Firestone, County of Weld, State of Colorado; The following courses and distances are along the Westerly Right-of-way Line of said Devonshire Street: Thence Northeasterly, 39,50 feet along the arc of said curve to a point tangent, said arc having a radius of 25.00 feet, a central angle of 90°31'18", and being subtended by a chord that bears N45015'39"E, 35.52 feet; Thence N00000'00"E, 240.47 feet to a point of curve to the right; Therce Northerly, 22.96 feet along the arc of said curve to a point .of reverse curve to the left, said arc having a radius of 64.00 feet, a central angle of 20°33'02", and being subtended by a chord that bears N 10.1631 "E, 22.83 feet; Thence Northerly, 16,50 feet along the arc of said curve to a point tangent, said arc having a radiL,s of 46.00 feet, a central angle of 20"33'02", and being subtended by a chord that bears N1016'31"E, 16.41 feet; A Full Service Land Surveying Company 8ou7dary . Title . Geodetic • Topographic Engineering Layout • Subdivision platting.. Environmental ..�• y 4 ii444i4i44ii444i4i14444ii441i4i44ii4 4 4ii444 ii44i 1��44�� 2881898 09/0712001 12:45P A guki Tsukamoto 4 of 5 R 25.00 0 0.00 Weld County CO ,o ALBERSDREXEL & POHLy INCa Legal Description EXHIBIT A (2 of 3) Thence N0000010011E, 532.48 feet to a point of curve to the right; Thence Northerly, 428.03.feet along the arc of said curve to a point tangent, said arc having a radius of 1061.00 feet, a central angle of 23 06 51 , and being .subtended by a chord that bears NI 033`26"E, 425.13 feet; Thence N23"06151"E, 9.09 feet to the Northeasterly Corner of Tract L of said ST. VRAIN RANCH SUBDIVISION, FILING V; Thence leaving the Westerly Right-of-way Line of said Devonshire Street, N66°53109"W, 7.00 feet along a Northeasterly Line of -said Tract-1 to an angle paint thereof, also being a point along the Westerly Line of said 68 foot Temporary Utility/Drainage, Emergency Vehicle & Ingress/Egress Easement; The following courses and distances are along the Westerly - Line of said 68 foot Temporary. Utillty/Drainage, Emergency Vehicle & Ingress/Egress Easement: Thence S23006151 "W, 46.48 feet to a point of curve to the left; Thence Southerly, 497.82 feet along the arc of said curve to'a point tangent, said -arc having a radius of 1234.00 feet, a central angle of 23°06'51 ", and being subtended by a chord that u bears S11"33'26"W, 494.45 feet; Thence S00°00'00"E, 713.76 feet to a point of curve to the right; Thence Southwesterly, 36.34 feet along the arc of said curve to the TRUE POINT OF BEGINNING, said arc having a radlus of 23.00 feet, a central angle of 90"31'18", and being subtended by a chord that bears S45°15'39"W, 32.67 feet. Area=34,470 square feet, more or less. Frank N. 4e ��;•, a. NOTICE: According to Colorado law you must Colorado **fifth end" commence any legal action based upon'any defect Surveyor 143 in this survey within three years after you first '` y 1860 Indus ,'Pjrcle Longed CO 80501 discovered such defect. In no event, may an action based upon any defect in this survey be commenced more than ten years from the date of Date: the certification shown hereon. f►!lu,nns;�[ 'LGL-0803.00C ADP Projector 70-13 -2- h GI �KR7 I 1-dq ALBERS DREXEL POHLY ! I Ililll IIIII IIlIIII I! IIIIIII Illll llllll 111 11111 IN IN 1 2881898 09/07/2001 12:45P JA Suki Tsukamoto � 5 of ' 5 R 25.00 D 0.00 Weld County Co ALBERS, DREXEL & ►POHLY, INC. 1860 Industrial Circle, Suite D • Longmont • Colorado • 80501 EXHIBIT A (3 of 3) August 20, 2001 PAGE 02/04 Telephone: (303) 682-1131 • Fax. (303) 682-1149 A description of those 54 foot wide and 68 foot wide Temporary Utility/Drainage, Emergency Vehicle & Ingress/Egress Easements that cross over ST. VRAIN RANCH SUBDIVISION, FLING V, to be vacated by the Town of Firestone. For: St. Vrain Partners, LLC. LEGAL DESCRIPTION - All that partof that 68 foot wide Temporary Utility/Drainage, Emergency Vehicle & Ingress/Egress Easement, as shown on the final plat of ST. VRAIN RANCH SUBDIVISION, FILING 1, a subdivision located in the S1/2 of Section 7, T2N, R67W of the 6th P.M., in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof; and all that part of those 54 foot wide and 68 foot wide Temporary Utility/Drainage, Emergency Vehicle & Ingress/Egress Easements, as show on the final plat .of ST. VRAIN RANCH SUBDIVISION, FILING IV, a subdivision located in the 8W1/4 of said Section 7, in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof; that cross over ST. VRAIN RANCH SUBDIVISION, FILING V, a subdivision located in the SW1/4 of said Section 7, in the Town of Firestone, County of Weld, State of Colorado, according to the recorded plat thereof; NOTICE: According to Colorado law you must commence any legal action based upon any defect Frank N. " f�;d In this suvey within three years after you first Colorado l'rQfefsii 4%nd' discovered such defect. In no event, may any Surveyor l" , action based upon any defect in this survey be - commenced more than ten years from the date of 1860 Indu*'li�Clrcle, Longmidlak*CO 80501 the certification shown hereon. �♦-g���.�`` Date: 1rrrunirr+`++� ' File, LGL-0820.DOC ADP'Projecti 70-12 A Full Service Land Surveying Company Boundary + Title + Geodetic • Topographic + Engineering Layout + Subdivision Platting + Environmental The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 2961331 06/14/2002 02:34P Weld County, CO 1 of 2 R 10.00 D 0.00 J.A. "5uki" Tsukamoto ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE VOGL ANNEXATION NO. ONE TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Vogl Annexation No. One, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on October 25, 2001, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 19 & 26 and October 3 & 10, 2001, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the,State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition or as agreed by the owners. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Vogl Annexation No. One is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the terms and conditions of the annexation agreement for the property. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this Q"Iday of [1G�p�De , 2001. UW%Attest: Cheri Andersen Town Clerk TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor ..Ili. lliilllillliil4lliillillilliil illliillillillliilil4i 2961331 0611412002 02:34P Weld noun tV, CO 2 of 2 R 10.0o D 0.00 J.A. ,Suki" Tsukamoto EXHIBIT A - LEGAL DESCRIPTION VOGL ANNEXATION NO. ONE A PARCEL OF -LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 10°41'58" EAST 149.99 FEET; THENCE SOUTH 12022'42" EAST 149.99 FEET; THENCE ALONG A LINE BEING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 5 SOUTH 89009'38" WEST 60.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.101 ACRES MORE OR LESS. 10/19/01 2:34 PM[6i]F:OFFICE/Firestone/Annexalian/Vog[Oneanncx.ord �z4py\ +. The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 29fi133qRJU0 14/2002 02:34P Weld County, CO 1 of 2 Q 0.00 J.A. "Suki" Tsukamoto 332 ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE VOGL ANNEXATION NO. TWO TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Vogl Annexation No. Two, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on October 25, 2001, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 19 & 26 and October 3 & 10, 2001, in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Vogl Annexation No. Two is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the terms and conditions of the annexation agreement for the property. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this day of C,+obe r , 2001. Attest: 0%41 -1 Cheri Andersen Town Clerk ONg Ni N TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor "I 111111111111111111111111111111111111111111111111111 IN 2961332 06/14/2002 02:34P Weld County, CO 2 of 2 R 10.00 D 0.00 J.A. "Suki" Tsukamoto CHIB1T A - >11 t;AL DESCRIPTION VOGL ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02°17' 16" EAST 750.26 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 1930.70 FEET; THENCE SOUTH 02°17'53" EAST 749.38 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 12022'42" WEST 149.99 FEET; THENCE SOUTH 10°41'58" WEST 149.99 FEET TO THE POINT OF BEGINNING, CONTAINING 0.415 ACRES MORE OR LESS. 10/19101 2A6 PM[bt}F:OFFIMFirestoneJMnexationNoglTwoannex.ord ef4vrn 4 . The down of Firestone 151 Grant Avenue PA. Box 100 Firestone, CO 80520 ll yy 444 -j i ottii�i�t�����i11r� oun , CO 1Al2a42 42:34P Weld C ry oto 2961333 a61 SukiTsukam F133 1 of 2 R 1o.oa 0 a.oa �.A. ORDINANCE N0. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE VOGL ANNEXATION NO. THREE TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Vogl Annexation No. Three, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on October 25, 2001, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 19 & 26 and October 3 & 10, 2001, in the Farmer &- Miper; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sp.rNnn 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Vogl Annexation No. Three is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 22, The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the terms and conditions of the annexation agreement for the property. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL th_s c�..5`day of OaA�pbef_ _ 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson OYVN•�F Attest: SEALz, Cheri Andersen { `: ice, Cd40 Town Clerk 1 I liilll iilli Ilillli llil lillii hill iliil III iilli 1111 IN 2961333 06114/2002 02:34P Weld County, CO `2 of 2 R 10.00 D 0.00 J.A. "Saki" Tsukamoto EXHIBIT A - LEGAL DESCRIPTION VOGL ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLOR -ADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°41'01" EAST 2500.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 180.54 FEET; THENCE SOUTH 00°41'30" EAST 2499.12 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 02017'53" WEST 749.38 FEET; THENCE SOUTH 02017' 16" WEST 750.26, FEET TO THE POINT OF BEGINNING, CONTAINING 1.205 ACRES MORE OR LESS. 10719101 2:50 PM[bl]F:OFFICE/Firestone/MnexationNogffhrceennex.ord i c f � � u! r TI T �-avrl) io: The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 3�4 I IIIIII IIIII IIIIIII IIII IIIIII IIIII IIII IIIIIIIIIIIIIIIII �1' 61334 06/1412002 02:34P Weld County, CO of 2 f 10.a0 0 o.aa J.A. "Suki" Tsukamoto ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE VOGL ANNEXATION NO, FOUR TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Vogl Annexation No. Four, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on October 25, 2 00 1, held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published September 19 & 26 and October 3 & 10, 2001, in the Farmer Xt Miner; and WHEREAS, the Board. of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: SPetion 1. The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Vogl Annexation No. Four, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Spetion 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone and the terms and conditions of the annexation agreement for the property. INTRODUCED, .READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this �day of ber , 2001. Attest: 00 % L' ..SEA Cheri Andersen C)O ;� Go` Town Clerk TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor . I Illlll IIIII Illllll1111I11s - __ _ ' 2961334 p Illllllllllllllllllllllllill f 6/14/2002 02:34P Weld County, Co I 2 of 2 R 10.00 D 0.00 J.A. "Suki" Tsukamoto EXHIBIT A - LEGAL DESCRIPTION VOGL ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG A LINE BEING 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5, NORTH 00000' 14" WEST 2680.05 FEET; THENCE NORTH 89°23'55" EAST 2710.42 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 00011' 14" EAST 1848.62 FEET TO A POINT BEING 790.05 FEET NORTH OF THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 89009'38" WEST 312.02 FEET; THENCE SOUTH 00'11'14" EAST 820.05 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE, SOUTH 89°09'38" WEST 187.89 FEET; THENCE SOUTH 00°23'23" EAST 841.23 FEET; THENCE NORTH 89009'38" EAST 500.02 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 8 WHENCE THE NORTH ONE -QUARTER CORNER OF SAID SECTION 8 BEARS NORTH 00023'23" WEST 871.23 FEET; THENCE SOUTH 00023'23" EAST 1789.35 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 8; THENCE SOUTH 89"11'l9" WEST 1987.26 FEET TO A POINT WHENCE THE WEST ONE —QUARTER CORNER OF SAID SECTION 8 BEARS SOUTH 89-11'19" WEST 719.82 FEET; THENCE NORTH 00°00'00" EAST 1888.20 FEET; THENCE NORTH 88059'00" WEST 339.80 FEET; THENCE NORTH 00°00'00" EAST 730.60 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89009'38" WEST 350.04 FEET; THENCE NORTH 00°41'30" WEST 2499.12 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 5 BEARS NORTH 00000'14" WEST 180.54 FEET; THENCE SOUTH 00°41'01" WEST 2500.00 FEET TO THE POINT OF BEGINNING, CONTAINING 274.597 ACRES MORE OR LESS. 10/19/01 2:52 PM[bt]F:OFFICF1FirestonelAnnexationlVogIFourannex.ord Ma 4-ium iO-. The Town of Firestone 151 Grant Avenuo P.O. Box 10Q Firestone, 00 80520 P3-3A__, 1111 IN I II�III IIII� IIIIIII IIII II 2961335 06/14/2002 02:34P Weld County, CO 1 of 7 R 35.00 0 0.0o J.A. "Suki" Tsukamota ORDINANCE NO. �9 .P AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE VOGL ANNEXATIONS NOS. ONE THROUGH FOUR WHEREAS, petitions for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Vogl Annexations Nos. One through Four, were filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S. Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development (PUD) zoning classification, with residential, commercial, religious institution, and open space land categories and uses, and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification and land use categories are consistent with the Town's plan for the area encompassed by the Vogl Annexation; and WHEREAS, the Firestone Planning Commission has held a public hearing on the landowner's zoning request and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Vogl Annexation Nos. One through Four to the Town of Firestone, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, pursuant to the zoning ordinances of the Town and for the land use categories in accordance with the Vogl Annexation PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which ODP shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. I f lllll�lllll 1111111 IT 1111111111111111111111111111 111I 2961335 06/14/2002 02:34P Weld County, CO 2 of 7 R 35.00 D 0.00 J.R. "Saki" Tsukamoto Section 2. The Board of Trustees hereby approves the PUD Outline Development Plan for the Vogl Annexation property subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thi�5taay of 0CA06e r , 2001. �: �pWN '••;. Attest: f 5� Cheri Andersen Town Clerk 10/30/01 10:12 AN[sjl]F:OFF]CFJFirestoneJAnnexationNaglzone.ord 2 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor llllll-��lllll�lll� �lll I�llil lull ' 0611412002 02:34P Weld County, Co 2961335 3,ot 7 R 35.00 D 0.00 J.A. "Suki" Tsukamoto EXHIBIT A - LEGAL DESCRIPTION VOGL ANNEXATION NO. ONE: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89009'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 10041'58" EAST 149.99 FEET; THENCE SOUTH 12°22'42" EAST 149.99 FEET; THENCE ALONG A LINE BEING 30.00 FEET SOUTH OF AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 SOUTH 89009'38" WEST 60.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.101 ACRES MORE OR LESS. VOGL ANNEXATION NO. TWO: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 02°17'16" EAST 750.26 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 1930.70 FEET; THENCE SOUTH 02017'53" EAST 749.38 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 12022'42" WEST 149.99 FEET; THENCE SOUTH 10°41'58" WEST 149.99 FEET TO THE POINT OF BEGINNING, CONTAINING 0.415 ACRES MORE OR LESS. VOGL ANNEXATION NO. THREE: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: I III I I IIII I III I III Il 11 lil 111 Illll illll 111 illll llll IIII 2961335 06/14/2002 02:34P Weld County, Co 4 of 7 R 35.00 D 0.00 J.A. "Saki" Tsukamoto COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00°00'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00°41'01" EAST 2500.00 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER OF SAID SECTION 5 BEARS NORTH 00°00' 14" WEST 180.54 FEET; THENCE SOUTH 00°41'30" EAST 2499.12 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 THENCE NORTH 02017' 53" WEST 749.38 FEET; THENCE SOUTH 02' 17' 16" WEST 750.26 FEET TO THE POINT OF BEGINNING, CONTAINING 1.205 ACRES MORE OR LESS. VOGL ANNEXATION NO. FOUR: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 5, THE NORTHWEST ONE -QUARTER OF SECTION 8, THE NORTHEAST ONE -QUARTER OF SECTION 7 AND THE SOUTHEAST ONE -QUARTER OF SECTION 6, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINICIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 5, THENCE SOUTH 00000'00" EAST 30.00 FEET; THENCE SOUTH 89°09'38" WEST 30.00 FEET TO THE POINT OF BEGINNING; THENCE ALONG A LINE BEING 30.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SECTION 5, NORTH 00000'14" WEST 2680.05 FEET; THENCE NORTH 89°23'55" EAST 2710.42 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 0091' 14" EAST 1848.62 FEET TO A POINT BEING 790.05 FEET NORTH OF THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 5; THENCE SOUTH 89°09'38" WEST 312.02 FEET; THENCE SOUTH 00011'14" EAST 820.05 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE, SOUTH 89°09'38" WEST 187.89 FEET; THENCE SOUTH 00023'23" EAST 841.23 FEET; THENCE NORTH 89°09'38" EAST 500.02 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST ONE -QUARTER OF SAID SECTION 8 WHENCE THE NORTH ONE -QUARTER CORNER OF SAID SECTION 8 BEARS NORTH 00023'23" WEST 871.23 FEET; THENCE SOUTH 00°23'23" EAST 1789.35 FEET TO THE CENTER ONE -QUARTER CORNER OF SAID SECTION 8; THENCE SOUTH 89° 11' 19" WEST 1987.26 FEET TO A POINT WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 8 BEARS SOUTH 89011' 19" WEST 719.82 FEET; THENCE NORTH 00°00'00" EAST 1888.20 FEET; THENCE NORTH 88°59'00" WEST 339.80 FEET; THENCE NORTH 00°00'00" EAST 730.60 FEET TO A POINT BEING 30.00 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5; THENCE PARALLEL WITH SAID SOUTH LINE SOUTH 89009'38" WEST 350.04 FEET; THENCE NORTH 00°41'30" WEST 2499.12 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID SECTION 5 WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 5 BEARS NORTH 00000' 14" WEST 180.54 FEET; THENCE SOUTH 00°41'01" WEST 2500.00 FEET TO THE POINT OF BEGINNING, CONTAINING 274.597 ACRES MORE OR LESS. 4 � fflllllllllllflllll'llllllllll 2961335 06/14/2002 02:34P 5 of 7 R 35.00 0 0.00 J.A. Annexation Map III IIIII III IIIII IIf l III Weld County, CO "Saki" Tsukamoto EXHIBIT B Outline Development Plan Conditions of Approval Vogl Annexation and Initial Zoning/ODP 1. Address minor redline changes of the Town Engineer to have Annexation numbers 3 and 4 properly close. 2. Address redline comments of the Town Engineer. 3. Address comments of the Town Attorney. Outline Development Plan 1. Add Firestone Information Block. 2. Add the Carbon Valley Recreation District to the Service Requirements section, 3. The Density Table on page 1 of the ODP shall be revised to make the following clarifications: a. The low -density residential area on Parcel A will be referred to as an R-A area. . b. The medium -density residential areas on Parcels A and B will be referred to as R-B areas. C. The 1,800 square foot lots will be for town home units only. In addition, a note will be added stating: "This ODP contemplates that town homes may be sold as individual units on individual lots. At the time of PDP, the applicant shall provide adequate information to demonstrate to the Town that the architectural and landscaping themes are comprehensive and cohesive, and such use shall be subject to PDP and FDP approval consistent with the PUD criteria." d. The minimum single-family lot size in the R-B areas on Parcels A and B will be 6,000 square feet. However, subject to PDP and FDP approval, single-family lots may be less than 6,000 square feet if the applicant demonstrates to the Town that smaller lots are justified because of the product type (e.g. patio homes) and the lots proximity to the common open space, and the use otherwise conforms to the PUD criteria. 4. Replace "maximum lot size" with "expected maximum lot size" in the Density Table. 5. Name the "Church" area, "Religious Institution" area. 6. Clearly label all existing/proposed utilities and easements with their provider's names. E 2961335 06/14/2002 02:34P Weld County, CO 6 of 7 R 35.00 D 0.00 J.A. "Suki" Tsukamoto 7. LabeI all existing dirt roads/trails. 8. Address comments of the Town Attorney. 9. Provide legal descriptions for land use categories as required by the Town Engineer. 10. The area shown as school site shall be categorized as medium density residential (PUD R-B); such area shall contain a minimum 13-acre school and park site with the final location to be approved by the school district. ODP Drainage Exhibits 1. Provide flow arrows. There should be enough shown to see where the existing runoff is going. 2. Label the contours. 3. Label all drainage courses on and adjacent to the site (there appears to be one to the north of the site). 4. Address Redline Comments of the Town Engineer. Phase I Environmental Assessment A note shall be added to the ODP stating that additional information regarding the petroleum contaminated soils will be provided at the time of PDP. 2. A note shall be added to the Environmental Information section of the ODP that states: "An unleaded gasoline pipeline for Sinclair runs north -south through this property as shown on this ODP map. When the property is platted for development, this pipeline will be placed in an outlot and kept out of residential lots." 3. A note shall be added to the Environmental Information section of the ODP that states: "Phase I and Phase H environmental site assessments were completed for this property. A total of eighteen bore holes were drilled along the Sinclair pipeline and at the wellheads and tank batteries to test for soil contamination. Soil samples from the borings were analyzed for petroleum compounds. Total Extractable Petroleum Hydrocarbons (TEPH) were detected in a soil sample obtained near the water table in the boring near the #1 McCoy well (test hole TH-6) in concentrations just below the maximum allowed for a sensitive area by the Colorado Oil and Gas Conservation Commission (COGCC). The detection of the TEPH near the water table indicates that groundwater may also be impacted by hydrocarbons. Prior to development, groundwater samples should be collected in the vicinity of test hole TH-6 to determine if the groundwater is contaminated in levels exceeding those allowed by the State. If contaminated soils are also encountered during these investigations, additional laboratory C: lull 11111111 llll llll1 IIlllll 02:34P Weld County, CO 29fi1335 0611412002 7 �t 7 R 35.00 D 0.00 J.A. "Saki" Tsukamota analyses of the soils should also be performed. The groundwater studies will also help to determine if the site is a sensitive area as defined by the COGCC allowing for a determination of which COGCC regulatory standards (sensitive or non -sensitive area) apply to the site." General A note shall be added to the Service Requirements section of the ODP stating: "Petitions for inclusion will be filed with the Carbon Valley Recreation District, the Tri-Area Ambulance District, and the St. Vrain Sanitation District." 2. Provide an updated title commitment prior to recording of zoning documents. 3. Identify Floor Area Ratio as such (instead of "FAR"), and specifically state for the commercial area and Religious Institution are a 30% (0.3) maximum. 4. Provide the missing sheet (fact sheet) in the development application. 5. A note shall be added to the Park Development section of the ODP that states: "The grasses and irrigation system used in all open space areas shall be appropriate for the area's climate and soils." 6. Identify cross -sections on the drainage maps. 7. Clarify that the Town of Firestone is not three miles to the south; rather, the Town adjoins the property to be annexed. 8. Revise references to the "Comprehensive PIan" to be to the "Firestone Comprehensive Plan." 9. Clarify that building height will be consistent with the Firestone Development Regulations, not the Uniform Baseline Standards. 10. At the time of Preliminary Development Plan, identify access to connect to the Firestone Trail. 11. A note shall be added that states: "This ODP recognizes the fact that there will be a 10% park land dedication requirement. The exact location of the park land dedication, within the open space areas, will be determined at the time of PDP." 12. At the time of preliminary platting, confirm with the school district whether the proposed location of the elementary school on WCR 24 is appropriate. Add a note to thiseffect to the 4; ODP. 13. Add gross density calculations. 7 Zjvtr\ 40 6. The Town of Firestolle 151 Grant Avenue P.O. Box 100 Firestone, 00 $0520 ORDINANCE NO. 485 AN EMERGENCY ORDINANCE AMENDING AND CORRECTING CERTAIN ORDINANCES OF THE TOWN WHEREAS, the Town and Colorado Code Publishing have undertaken a process to codify recently enacted ordinances of the Town and prepare supplements to the Firestone Municipal Code; and WHEREAS, as part of such process, a need has been identified to amend and correct certain provisions of previously passed ordinances of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF .FIRESTONE, COLORADO- Section I. Section 1 of Ordinance No. 387 is hereby amended to delete "2.04.250" and insert "13.08.010".in place thereof. Section 2. Section 1 of Ordinance No. 413 is hereby amended to delete "2.04.250" and insert "13.08.010" in place thereof. Section 3. Section 2 of Ordinance No. 422 is hereby amended to delete "5.44.050" wherever used in such Section and to insert "5.44.060" in place thereof. Section 4. Ordinance No. 443 is hereby amended to renumber the first Section 3 as Section 3A and to renumber the second Section 3 as Section 3B. Section 5. Section 5 of Ordinance No. 443 is hereby amended by the deletion of the word "address," appearing after the word "number" in the second sentence of Section 5.46.130.A. Section b. Section 1 of Ordinance No. 466 is hereby amended to delete the word `unit" in the second sentence of Section 1.08.050.A.5 and insert the word `until" in place thereof. Section 7. The following amendments are hereby made to Ordinance No. 467: A. Section 1 is amended to delete "17.31.030" in Section 1 7.30.050.A and insert "17.31.040" in place thereof. B. Section I is amended to revise the Section heading for Section 17.30.100, in both the Section Index and text thereof, from "Town Board Review and Action" to "Board of Trustees' Review and Action." C. Section 2 is amended to delete the word "nor" in the first sentence of Section 17.31.030.J and insert the word "not" in place thereof. -1- D. Section 2 is amended so that the text of Section 17.31.030.M.2 reads as follows: "Each sign shall be mounted on a wall of the building in which the business, organization, or individual to which the sign refers is located." E. Section 2 is amended to insert the words "are allowed" immediately after the word "Code" in Section 17.31.030.M.5. F. Section 2 is amended to insert the word "sign" immediately after the phrase "than a" in Section 17.31.100.D. G. Section 2 is amended to delete the word "isolated" in Section 17.3 1. 100.17 and insert the words "is located" in place thereof. H.. Section 2 is amended so that the text of Section 17.31.110.A.2 reads as follows: "The area of any sign displaying individual letters on a background (facade, wall, divisional wall, awning or canopy) shall be measured by encompassing all the letters in a rectangle or square. Except for awning, canopy, and permanent subdivision identification signs, three capital letters and three lower case extensions may be exempted from being included in the area of measurement. Capital letters and lower case extensions may not exceed twice the height of lower case letters." Section 8. Section 4 of Ordinance No. 478 is hereby amended by the deletion of the phrase "teat are incorporated into this chapter" from Section 17.38.070. Section 9. Section 4 of Ordinance No, 478 is hereby amended to insert the word "properties" immediately after the word "affected" in Section 17.38.180.A.10. Section 10. Section 4 of Ordinance No. 478 is hereby amended to delete the word "permitted" in Section 17.38.310.A.2 and insert the word "permitting" in place thereof. Section 11. Section 4 of Ordinance No. 478 is hereby amended to delete "17.38.050" in Section 1 7.38.330.A and insert "17.38.250" in place thereof Section 12. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 13. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. -2- Section 14. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health and safety in order to effectuate a timely and cost-effective update of and supplement to the Firestone Municipal Code, and that this ordinance shall take effect upon adoption and signing by the Mayor if approved by three -fourths of the member of the Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED this +h day of OIie_,YY1 e r , 2001. ONE Rick Patterson, Mayor N •. If ATTEST:*: E co Cheri Andersen Town Clerk 11129/01 2:59 PM[ejljF:OfficclFirestonclOrdlTownCodeCorrcctions.ord -3- ORDINANCE NO.� P TOWN OF FIRESTONE, COLORADO f AN ORDINANCE APPROPRIATING SUMS OF MONEY TO THE VARIOUS FUNDS AND SPENDING AGENCIES, IN THE AMOUNTS AND FOR THE PURPOSES AS SET- FORTH BELOW, FOR THE TOWN OF FIRESTONE, COLORADO, FOR THE 2002 BUDGET YEAR.. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 13, 2001, and; WHEREAS, the Board of Trustees has made provision therein for revenues in an amount equal to the total proposed expenditures as set forth in said budget, and; WHEREAS, it is required by law, but also necessary to appropriate the revenues provided in the budget to and for the purposes described below, so as not to impair the operation of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That the following sums are hereby appropriated from the revenues of each fund, to each fund, for the purposes stated: General Fund Total General Fund Park Fund Total Park Fund Conservation Trust Fund Total Conservation Trust Fund Street and Highway Fund Total Street and Highway Fund Water Fund Total Water Fund Capital Improvement Fund Total Improvement Fund Debt Service Fund Total Debt Service Fund $ 2,953,916 $ 767,843 $ 0 $ 4,214,562 $12,078,887 $ 4,437,000 $ 64,663 APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS THIRTEENTH DAY OF DECEMBER, 2001. Mayor ATTEST: Town Clerk r q 87 ORDINANCE NO. f AN ORDINANCE INCREASING THE COMPENSATION OF THE MAYOR AND TRUSTEES WHEREAS, the Board of Trustees wishes to increase the compensation of the Mayor and Trustees in a manner consistent with applicable laws; and WHEREAS, the applicable laws provide that no such increase may occur during the term for which the Mayor or any Trustee has been elected or appointed. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections A and B Section 2.04.280 of the Firestone Municipal Code are hereby amended to read as follows (words to be added are CAPITALIZED; words to be deleted are sly): 2.04.280 Mayor and Trustee Compensation. A. Compensation - Mayor. The mayor of the town shall be compensated at the rate of TWOefle hundred dollars per month. Such rate shall apply only upon the commencement of the mayor's term of office following an election held ON OR after APRIL 2, 2002Mafeh 14, 4996. B. Compensation — Trustees. Each trustee shall be compensated at the rate of ONE HUNDRED FIFTYwe dollars per month. Such rate shall apply only upon the commencement of the term of office of a trustee whose position is subject to an election held ON OR after APRIL 2, 2002Mafe1T, 49%. Section 2. Neither the adoption of this Ordinance nor the amendment or repeal of any other ordinance thereby, shall be construed to destroy any property right, contract right, or right of action of any nature or kind, civil or criminal, vested in or against the Town by virtue of any such ordinance, or portion thereof, or any other provision of law theretofore existing or otherwise accruing to'the Town. All such rights shall vest in and inure to the Town or to any persons asserting any such claims against the Town as fully and as completely as though this Ordinance had not been adopted, and as though there had been no amendment or repeal of any ordinance thereby. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this thirteenth day of December, 2001. TOWN OF FIRESTONE, COLORADO Rick atterson, Mayor 1 ATTEST: (N eft,(,�,Lfsc� Cheri Andersen, Town Clerk ORDINANCE N0, P AN ORDINANCE AMENDING SECTION 16.16.220 OF THE FIRESTONE MUNICIPAL CODE CONCERNING THE REQUIREMENT FOR PUBLIC LAND DEDICATION, OR CASH PAYMENT IN LIEU THEREOF, FOR SUBDIVIDED LAND WHEREAS, section 16.16.220 of the Firestone Municipal Code sets forth the Town's public land dedication requirement for subdivided lands within the Town; and WHEREAS, such section authorizes the Board of Trustees, in its discretion, to approve a cash payment in lieu of land dedication, or a combination of dedication and cash in lieu payment, to satisfy such requirement; and WHEREAS, the Board of Trustees desires to. make certain amendments to such section regarding ;he criteria for cash in lieu payments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection C of Section 16.16.220 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are snicker 16-16-220 Publicsites, and dedications, C. If the board of • determines,! !- pay to the tovm in cash an amount e�sual to ei& ten ivercent of the total aibitI value of th giihdivided land to be subdivi i - n lieu of the dedication of land required herein, or a combination of dedication and cash in lieu. The amount of any cash in lieu 1)a=ent shall be determined based ul)on an -�my appraisal a certified of the su�divider. The appraisal -shall be val of the final 1+ it 1. /•• • 1" •. •. I/1"1 / -! • 1" • a 1 1" r11 — rn lilt MMMM, Ins three. oeraent o amend such aLunt is taken by ordinance. The narks, and trails advisory hoard Shall periodically recommend to the board of ftments to such rate as may he P ximate the co,;t Drr acre to.develop land within the town to town standards. - . Section 2. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this caOtt`day of 1 ter, 2001. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor Attest: a6y, Cheri Andersen Town Clerk 12118101,3756 PM[sjl]F;lOficc\Fireslme\Ord\Cash-in-IieuAmendments.ord r ORDINANCE NO. AN -ORDINANCE APPROPRIATING' ADDITIONAL SUMS OF MONEY TO DEFRAY EXPENSES IN EXCESS -OF AMOUNTS BUDGETED FOR THE TOWN OF FIRESTONE, COLORADO FOR THE 2001 BUDGET YEAR WHEREAS, the Town of Firestone has received additional sums of money from use tax, building permits fees, park development fees, water tap fees, regional impact fees, infrastructure dedications, and raw water dedications; and WHEREAS, the Town desires to appropriate portions of those funds in addition to the original appropriation amounts, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF .THE TOWN OF FIRESTONE, COLORADO: Section 1. That the 2001 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the General Fund is hereby increased from $1,780,385 to $2,462,770 for unexpected building inspection fees, infrastructure dedications, and capital purchases. Section 2. That the 2001 appropriation by the Board of Trustees of the Town of Firestone, Colorado in the Park Fund is hereby increased from $ 383,467 to $ 422,460 for unexpected expenses to the town's Parks. Section 4. That the 2001 appropriation' by the Board of Trustees of the Town of Firestone, Colorado in' the Highway Fund is hereby increased from $ 239,420 to $3,772,771 for unbudgeted dedications of infrastructure improvements and unexpected capital equipment purchases and maintenance and supply costs. APPROVED, ADOPTED, SIGNED, AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS TWENTIETH DAY OF DECEMBER, 2001. /�-, �ST01V�7 ', Patterson, Mayor ATTEST: Cheri Andersen, Town Clerk ORDINANCE NO. 4 AN ORDINANCE TO APPLY AND CONTRACT FOR BENEFICIAL USE OF WATER ON BEHALF OF THE TOWN OF FIRESTONE, A MUNICIPAL CORPORATION, AND PRESCRIBING THE TERMS FOR APPLICATION FOR AN ALLOCATION OF THE RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER TO SAID TOWN OF FIRESTONE BY NORTHERN COLORADO WATER CONSERVANCY DISTRICT. WHEREAS, under the Water Conservancy Act of Colorado, Title 37, Article45, Colorado Revised Statutes of 1973, it is necessary that the Board of Trustees of the Town of Firestone, a Colorado municipal corporation (hereinafter called "Applicant"), in order to obtain the perpetual right to use Colorado -Big Thompson Project water on an annually renewable basis under C.R.S. 37-45-131 within the boundaries of the Northern Colorado Water Conservancy District, by contract for the beneficial use of water from Northern Colorado Water Conservancy District, shall by ordinance authorize and direct the Mayor and Town Clerk to apply to the Board of Directors of said District for such water contract. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1: That the Town of Firestone has determined to apply for a contract providing for the beneficial use of Two Thousand Four Hundred Ninety-two (2,492) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mayor and Town Clerk be and are hereby authorized and directed to apply to the Board of Directors of said Northern Colorado Water Conservancy District for a contract providing to the Applicant the beneficial use of water upon terms prescribed by said Board in the manner and form as in this section provided, to -wit: APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR ANNUALLY RENEWABLE PERPETUAL WATER CONTRACT FOR RIGHT TO USE COLORADO-BIG THOMPSON PROJECT WATER UNDER C.R.S. 37-45-131 Applicant, Town of Firestone, by its Board of Trustees, the governing body of a Colorado municipal corporation acting as governing body of the Town of Firestone Water Activity Enterprise, hereby applies to Northern Colorado Water Conservancy District, a political subdivision of the State of Colorado, organized and existing by virtue of Title 37, Article 45, Colorado Revised Statutes,1973, for a contract for the right to beneficiallyuse Colorado -Big Thompson Project water under the followingterms and conditions: The quantity of water herein requested by Applicant for annual application to beneficial use is Two Thousand Four Hundred Ninety-two (2,492) acre-feet to be used so long as the Applicant fully complies with all of the term,, conditions, and obligations hereinafter set forth. 2. It is understood and agreed by the Applicant that any water provided for use under this contract by the Board of Directors of said District shall be primarily for domestic, irrigation, or industrial use within or through facilities or upon lands owned or served by, said Applicant, provided however, that all lands, facilities, and serviced areas which receive benefit from the use of water (whether water service is provided by direct delivery, by exchange, or otherwise) shall be situated within the boundaries of Northern Colorado %ter Conservancy District. Applicant agrees that an acre-foot of water as referred to herein is defined as being one -three - hundred -ten -thousandth (1/310,000) of the quantity of water annually declared by the Board of Directors of the District to be available for delivery from the water supplies of the District. .Applicant agrees that such water shall be delivered from the works of the District at such existing District delivery point or points as may be specified by the Applicant and that the water delivery obligation of the District shall terminate upon release of water from said works. Further, the Applicant agrees that on November 1 of each year, any water undelivered from the annual quantity made available to the Applicant shall revert to the water supplies of the District. 4. Applicant agrees to pay. annually in advance for the amount of water herein provided for use under this contract by the Board of Directors of said District at a price per acre-foot to be fixed annually by said Board; and, further, agrees that the initial annual payment shall be made, in !.u11, within fifteen (15) days after the date of notice from the District that the initial payment is due hereunder. Said notice will advise the Applicant, among other things, of the water year to which the initial payment shall apply and the price per acre-foot which is applicable to that year. Annual payments for each water year thereafter shall be made in advance by the Applicant on or before each October 1, 31 days prior to the start of the water year, at the rate per acre-foot established by the Board for municipal water use in that water year. For the purpose of this water contract, the water year is defined to be from November 1 to October 31 of the following year. If an annual payment, as herein provided, is not made by due date, written notice thereof, by certified mail, will be given by said District to the Applicant at the following address: Town of Firestone, attn: Town Administrator, P. 0. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November 1 of the new water year until payment of the delinquency is made. If payment is not made within ninety (90) days after the date of mailing of said written notice, Applicant shall have no further right, title, or interest under this contract; and the right of use of water, as herein made, shall be disposed of at the discretion of the Board of Directors of said District in accordance with the applicable proisions of C.R.S. Section 37-45-132 and 7-42-104. Any proceeds from any sale of the right of use to another allottee shall be paid to Applicant over and above the District's actual expense in terminating and disposing of the contract right of use. T-iis right of use shall be perpetual on an annually renewable basis. If the annual payment is made as provided in this application, the right of use shall be automatically renewed another water year without any further action of the District; if the annual payment is not timely made, as provided above, the right of use shall terminate. . 6. Applicant agrees that the water allocation shall be beneficially used for the purposes and in the manner specified herein, and that this right of use is made for the exclusive benefit of the Applicant and shall not inure to the benefit of any successors or assigns of said Applicant without prior specific approval of the Board of Directors of said District. LE T. Applicant agrees to be bound by the provisions of the Water Conservancy Act of Colorado; by Section 37-45-131; by the Rules and Regulations and policies of the Board of Directors of said District; and by the Repayment Contract of July 5, 1938, between said District and the United States and all amendments thereof and supplements thereto. Applicant agrees, as a condition of this contract, to enter into an "Operating Agreement" with said District if and when the Board of said District finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District. Said agreement may contain, but not be limited to, provision for water delivery at times or by means not provided within the terms of standard contracts of the District; additional annual monetary consideration for extension of District delivery services and for additional administration, operation and maintenance costs; or for other costs to the District which may arise through provision of services to the Applicant. Section 3: - In the opinion of the Board of Trustees of the Town of Firestone, acquisition of this annually renewable perpetual right of use water contract for Colorado -Big Thompson Project water from Northern Colorado Water Conservancy District and the right to the beneficial use of water thereunder by said Town of Firestone is necessary, that the continued acquisition and use of thiswater supply is essential for the well- being of the community and for the preservation of the public peace, health, and safety; and that the adequate protection of the health of the inhabitants of the community requires an immediate increase in Applicant's water supply. It is, therefore, declared that an enrrgency exists; that this ordinance shall take effect as an emergency measure upon adoption and signing by the Mayor if approved by three -fourths of the members of the Board of Trustees, and that it shall be published in the nanner and shall take effect as provided by the statutes of the State of Colorado. Section 4: Nothing in this Ordinance is intended to nor shall be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Introduced, rcad, adopted, approved and ordered published in fully this cY4 A Y da of A.D., 2002. Cheri Andersen, Town Clerk (SEAL) TOWN OF FIRESTONE By Rick Patterson, Mayor •, ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the ri$it to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above applicationbe granted and an allotment contract for Two Thousand Four Hundred Ninety-two (2,492) acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporation, for the beneficial uses set forth in said application upon the terms, conditions, and manner of payment as therein specified. NORTHERN COLORADO WATER CONSERVANCY DISTRICT By. President I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the 8th day of March A.D., 2002. /Q1 IIIIiI IIIII 11111111111 IN 1111111111111111111111111111 IN 3616054 04/10/2009 02:29P Weld County, CO 1 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 54 J: ORDINANCE NO.491 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR THE COTTONWOOD HOLLOW PUD WHEREAS, Del Camino East Properties, LLC, as owner and applicant, has submitted to the Board of Trustees of the Town of Firestone a request for approval of a rezoning and Outline Development Plan ("ODP") amendment for certain property consisting of approximately 233.1 acres, which property is known as the Cottonwood Hollow PUD and formerly known as the Del Camino East PUD; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearings on the application, at which the applicant and other interested persons presented testimony to the Commission and at which a number of documents were made a part of the record, and on December 5, 2001, recommended approval of the application with conditions; and WHEREAS, all materials related to the proposed rezoning and ODP 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 zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on February 28, 2002; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area and that the applicant has demonstrated that the proposed rezoning and ODP amendment meets the applicable criteria of the Town's ordinances and Development Regulations; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment should be approved subject to certain conditions; and WHEREAS, no protests were received by the Town pursuant to C.R.S. section 31-23-305. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees of the Town of Firestone, Colorado does hereby approve the proposed rezoning and outline development plan amendment for Cottonwood Hollow PUD, which property is legally described on Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference, and the Town Board does hereby rezone those portions of the Property legally described on Exhibit C, attached hereto and incorporated herein by reference, to the land use IIIIIIIIII IIIIIII�IIIIIIII�I�IIIIIIIIIIIII�����II�II�#I � 3616054 04/10/2009 02:29P Weld County, CO 2 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Hecorder categories set forth on Exhibit C, subject to such conditions set forth in Exhibit B. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 28th day of February, 2002. Mayor ATTEST: 315f09 4:40 PM[mac]S.NOfEce1FTesion,1Ord1Co=woodHollowODPamendBaasd.aal (2009 update) 4 41i444 ii41i 444i4i 441i4 4i4i 4i4ii44 44i i4444iiiii44444ii4 3616054 04/1012009 02:29P Weld County, CO 3 of 13 R 66.00 0, 0.00 Steve Moreno Cleric & Recorder EXHIBIT A Rezoning/ODP Amendment Cottonwood Hollow PUD LEGAL DESCRIPTION PARCEL A A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE -QUARTER OF SECTION 11, T2N., R68W., 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE N00°07'16"W, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING ON THE NORTHERLY RIGHT-OF-WAY OF SABLE AVENUE (NO. 22); THENCE S90°00'00"W, ALONG SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 1317.66 FEET; THENCE N00017'57"W A DISTANCE OF 2630.43 FEET; THENCE N88049'57"E A DISTANCE OF 21.13 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER OF SECTION 11; THENCE N00"0011"E, ALONG SAID WEST LINE, A DISTANCE OF 4.52 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER OF SECTION 11; THENCE S89053'17"E, ALONG SAID NORTH LINE, A DISTANCE OF 1304.70 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 11; THENCE S00°07'16"E, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 2632.80 FEET TO THE POINT OF BEGINNING; CONTAINING 79.92 ACRES, MORE OR LESS. LEGAL DESCRIPTION PARCEL B A TRACT OF LAND LOCATED IN THE NORTH ONE-HALF OF SECTION 14, T2N., R68W., 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 14; THENCE S00007'17"E A DISTANCE OF 30.00 FEET ALONG THE WEST LINE OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 14 TO A POINT ON THE SOUTH R.O.W. LINE OF WELD COUNTY ROAD NO. 22 SAID POINT BEING THE POINT OF BEGINNING; THENCE S89055'22"E A DISTANCE OF 1309.10 FEET ALONG SAID SOUTH R.O.W. LINE TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 14; THENCE S00018'14"E A DISTANCE OF 2624.04 FEET ALONG SAID EAST LINE TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST ONE -QUARTER; THENCE S89°55'12"W A DISTANCE OF 1317.46 FEET ALONG SAID SOUTH LINE TO A POINT ON THE WEST LINE OF SAID WEST ONE-HALF OF THE NORTHEAST ONE -QUARTER OF SECTION 14; THENCE S89056'54"W A DISTANCE OF 1303.91 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHWEST ONE - QUARTER OF SAID SECTION 14; THENCE N00°15'46"W A DISTANCE OF 2107.80 FEET TO A POINT ON THE SOUTH LINE OF LOT A OF RECORDED EXEMPTION NO. 1313-14-2-RE1400; THENCE ALONG THE SOUTHERLY AND EASTERLY LINE OF SAID LOT A THE FOLLOWING THREE (3) COURSES: 1. N81 °08'27"E A DISTANCE OF 64.02 FEET; 2. N64018'44"E A DISTANCE OF 492.53 FEET; 3. N00015'47"W A DISTANCE OF 297.70 FEET TO A POINT ON THE SOUTH R.O.W. LINE OF SAID WELD COUNTY ROAD NO, 22; THENCE N90°00'00"E A DISTANCE OF 802.30 FEET TO THE POINT OF BEGINNING. CONTAINING 153.152 ACRES MORE OR LESS. IIIIII IIIII 11111111111 IN 1111111111111111111111111111 3616054 04I10l200C 02:29P Weld Coenry, CO 4 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Rec-order EXHIBIT B Rezoning/ODP Amendment Conditions of Approval Cottonwood Hollow PUD General In Table A, the Maximum Density for Blocks 2, 4 and 5 should be 3.82, not 3.92. 2. In Table A, the Maximum Density for Blocks 1 and 3 should be 16.88, not 3.92. 3. . In Table A, the Total DUs equal 8.99, not 890. 4. Delete Table B and the accompanying notes and replace with the following: "The intent of this ODP is to use setbacks and building siting requirements in a manner that promotes innovative building design and development layout that is different from what would otherwise result from uniform application of setbacks. Setbacks will be evaluated in relation to proposed fencing design, architectural layout, and other site design matters at the time of preliminary and final development plan review. Minimum setbacks and other setback requirements and guidelines will be established at the time of preliminary and final development plan approval." 5. In the Notes section of Sheet 3, delete Notes 1, 2, 3, 5, and 6 and renumber Notes 4 and 7 as Notes 1 and 2. Minor Conditions 6. Update the project legal description and provide separate legal descriptions for all land use areas, as required by the Town Engineer. 7. Add_ess any additional technical comments from the Town Engineer. 8. Delete the signature block for the Planning Commission on Sheet 1 and remove signature blockcs from Sheet 2, as they are on Sheet 1. 9. Update the Firestone Information Block and add to all Sheets. 10. Title Sheet 2 as "Amended Outline Development Plan for Cottonwood Hollow (Formally known as the Del Camino East ODP)". 11. Use Firestone Street Grid names for all Streets in Vicinity Map and Plan. 12. In the Utilities sections, replace "Cable TV, with "Cable". 4 I IIIIII IIIII IIIIII IIIII IIII 1111111 HE 111111111111 IN 3616054 04/10/2009 02:29P Weld County, CO 5 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 13. On Sheets 3 and 4, identify existing oil/gas facilities as "existing". Delete any references to planned locations for oil/gas facilities. 14. Address minor typos, grammatical, formatting and spacing errors on Sheet 2. 15. On Sheet 2 in the Le ag 1 Description section, replace "Exhibit A" with "Sheet I". 16. On Sheet 2 in the Property Ownership information section, delete the reference to "Exhibit B". 17. Ope-i Space and Street acreages on Sheet 4 need to match those in Table A. 18. Incorporate the text revisions as set forth on the Town Attorney's editing copy, dated February 28, 2002. 5 Ilillllil III Illill Illll Ills li4llll Ilill III Illll IIII Ili! 3616054 04/10/2009 02:29P Weld County, CO 6 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Rer:arder EXHIBIT C Rezoning/ODP Amendment Legal Descriptions of Rezoned Areas Cottonwood Hollow PUD ARBOR STREET ZONING CLASSIFICATION: PUD Residential -A (R-A) LEGAL DESCRIPTION: (SOUTH CIF WELD COUNTY ROAD 22) A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE S00°07'17"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE N90"00'00"E CONTINUING ALONG THE RIGHT-OF-WAY A DISTANCE OF 682.30 FEET TO THE POINT OF BEGINNING; THENCE S00015'47"E A DISTANCE OF 297.14 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11 °15'14" A RADIUS OF 1135.00 FEET A DISTANCE OF 222.94 FEET WHOSE CHORD BEARS S05"21'50"W A CHORD DISTANCE OF 222.58 FEET; THENCE S10°59'27"W A DISTANCE OF 225.17 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A. CENTRAL ANGLE OF 11°25'11" A RADIUS OF 1015-00 FEET A DISTANCE OF 202.30 FEET WHOSE CHORD BEARS S05016'52"W A CHORD DISTANCE OF 201.97 FEET; THENCE S00025'44"E A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 45°50'51" A RADIUS OF 1015.00 FEET A DISTANCE OF 812.19 FEET WHOSE CHORD BEARS S23021'10"E A CHORD DISTANCE OF 790.70 FEET; THENCE S46°16'35"E A DISTANCE OF 271.544 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 17012-19" A RADIUS OF 1135.00 FEET A DISTANCE OF 340.83 FEET WHOSE CHORD BEARS S37040'26"E A CHORD DISTANCE OF 339.55 FEET; THENCE S29°04'16"E A DISTANCE OF 217.63 FEET TO A POINT ON THE SOUTH LINE OF NORTHEAST QUARTER OF SECTION 14; THENCE S89°55'12"W ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 56.46 FEET TO A POINT, WHICH POINT ALSO IS THE CENTER ONE QUARTER POINT FOR SECTION 14; THENCE S89056'54"W ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 80.75 FEET; THENCE N29°04'16"W A DISTANCE OF 151.09 FEET TO A POINT OF CURVATURE; THENCE ALONG TF'E ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17111219" A RADIUS OF 1015.00 FEET A DISTANCE OF 304.79 FEET WHOSE CHORD BEARS N3704012611W A CHORD DISTANCE OF 303.65 FEET; THENCE N46016'35"W A DISTANCE OF 271.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 45050"51" A RADIUS OF 1135.00 FEET A DISTANCE OF 908.21 FEET WHOSE CHORD BEARS N23021'10"W A CHORD DISTANCE OF 884.18 FEET; THENCE N00025'44"W A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 1102511" A RADIUS OF 1135.00 FEET A DISTANCE OF 226.22 FEET WHOSE CHORD BEARS N05016'52"E A CHORD DISTANCE OF 225.85 FEET; THENCE N10059'27"E A DISTANCE OF 225A7 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11015-14" A RADIUS OF 1015.00 FEET A DISTANCE OF 199.37 FEET WHOSE CHORD BEARS N05021'50"E A CHORD DISTANCE OF R IIIIIIIIIII IIIIIII IN 11111111111111111111111111 IN IN 7 3616054 04/10/2009 02:29P Weld County, CO 7 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 199.04 FEET; THENCE N00015'47'W A DISTANCE OF 297.70 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE N90000'00"E ALONG SAID SOUTH RIGHT-OF-WAY A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING, CONTAINING 7.99 ACRES, MORE OR LESS. TRACT D ZONING CLASSIFICATION: PUD Residential -A (R-A) LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, T2N, R68W, 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE N00007'16"W, ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING ON THE NORTH RIGHT-OF-WAY OF SABLE AVENUE (COUNTY ROAD NO. 22); THENCE S90000'00"W, ALONG SAID NORTH RIGHT-OF- WAY, A DISTANCE OF 1317.66 FEET; THENCE N00°17'57"W, A DISTANCE OF 20.00 FEET; THENCE N90°00'00"E, PARALLEL WITH SAID NORTH RIGHT-OF-WAY, A DISTANCE OF 1317.71 FEET TO SAID EAST LINE OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE S00007'16"E, ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.61 ACRES, MORE OR LESS. BLOCK 1 ZONING CLASSIFICATION: PUD Residential-C (R-C) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 11; THENCE N0007'16"W ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE N90°00'00"W A DISTANCE OF 682.48 FEET; THENCE N00015'47"W A DISTANCE OF 498.19 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 08043'50", A RADIUS OF 1320.00 FEET AND AN ARC LENGTH OF 201.14 FEET WHOSE CHORD BEARS N04037'42"W A CHORD DISTANCE OF 200.94 FEET; THENCE S90°00'00"E A DISTANCE OF 599.53 FEET; THENCE S01003'51"E A DISTANCE OF 50.19 FEET; THENCE S45024'51"E A DISTANCE OF 139.51 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER; THENCE S0007'16"E ALONG SAID EAST LINE A DISTANCE OF 550.36 FEET TO THE POINT OF BEGINNING, CONTAINING 10.75 ACRES, MORE OR LESS. BLOCK 2 ZONING CLASSIFICATION: PUD Residential-B (R-B) LEGAL DESCRIPTION: 7 II IIIII IIII Illilll IIIII III IIIII E�II IIII IIIIIIIIIIIIIIII � 3616054 04/10/2009 02.29P Weld County, CO 8 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Reorder A TRACT OF LAND LOCATED IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE S00018'1411E ALONG THE EAST LINE OF SAID WEST HALF A DISTANCE OF 30.00 FEETTO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE CONTINUING ALONG SAID EAST LINE S00018'14"E A DISTANCE OF 2624.04 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF; THENCE S89°55'12"W ALONG THE SOUTH LINE OF SAID WEST HALF A DISTANCE OF 708.81 FEET; THENCE N05054'04"W A DISTANCE OF 231.64 FEET; THENCE N30042'25"W A DISTANCE OF 310.05 FEET; THENCE N59°38'36"W A DISTANCE OF 73.63 FEET; THENCE N78"48'01"W A DISTANCE OF 123.20 FEET; THENCE N16"18'30"W A DISTANCE OF 305.07 FEET; THENCE N12°48'12"W A DISTANCE OF 504.03 FEET; THENCE N26011'10"E A DISTANCE OF 228.92 FEET; THENCE N13030'12"E A DISTANCE OF 100.66 FEET; THENCE N04009'08"W A DISTANCE OF 187.09 FEET; THENCE N77057'21"W A DISTANCE OF 163.27 FEET TO A POINT ON THE CENTER SECTION LINE OF SECTION 14; THENCE N00007'17"W ALONG SAID LINE A DISTANCE OF 42.48 FEET; THENCE N34026'39"E A DISTANCE OF 345.91 FEET; THENCE N70027'39"E A DISTANCE OF 183.51 FEET; THENCE N34012'35"E A DISTANCE OF 86.45 FEET; THENCE N01"45'32"E A DISTANCE OF 127.93 FEET; THENCE N42034'20"W A DISTANCE OF 107.53 FEET; THENCE N50"34'57"W A DISTANCE OF 145.48 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE S89055'22"E A DISTANCE OF 1071.60 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING, CONTAINING 64.04 ACRES, MORE OR LESS. BLOCK 3 ZONING CLASSIFICATION: PUD Residential-C (R-C) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE S00007'17"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE S00007'17"E CONTINUING ALONG SAID EAST LINE A DISTANCE OF 311.37 FEET; THENCE S57055'06"W A DISTANCE OF 15.86 FEET; THENCE S46°08'59"W A DISTANCE OF 81.70 FEET; THENCE S14017'01"W A DISTANCE OF 299.30 FEET; THENCE S49022'28"E A DISTANCE OF 56.74 FEET; THENCE N90000'00"W A DISTANCE OF 635.12 FEET; THENCE N10059'27"E A DISTANCE OF 188.09 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 11015'14" A RADIUS OF 1135.00 FEET A DISTANCE OF 222.94 FEET WHOSE CHORD BEARS N05021'50"E A CHORD DISTANCE OF 222.58 FEET; THENCE N00°15'47'W A DISTANCE OF 297.14 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE N90°00'00"E ALONG SAID SOUTHERLY RIGHT-OF-WAY A DISTANCE OF 682.30 FEET TO THE POINT OF BEGINNING, CONTAINING 10.32 ACRES, MORE OR LESS. 8 l hill lull llll 1111111 HE 111111111111 IN 3616054 04/10/2009 02:29P Weld County, CO 9 of 13 R 66.00 D 0.00 Steve Moreno Clerk & liece,dEr _ J BLOCK 4 ZONING CLASSIFICATION: PUD Residential-B (R-B) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6T" PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 14; THENCE N89°55'12"E ALONG THE SOUTH LINE OF SAID EAST HALF A DISTANCE OF 56.46 FEET; THENCE N29°04'16"W A DISTANCE OF 217.63 FEET TO A POINT OF CURVATURE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 17012'19" A RADIUS OF 1135.00 FEET A DISTANCE OF 340.83 FEET WHOSE CHORD BEARS N37040'26"W A CHORD DISTANCE OF 339.55 FEET; THENCE N46016'35"W A DISTANCE OF 271.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 45050'51" A RADIUS OF 1015.00 FEET A DISTANCE OF 812.19 FEET WHOSE CHORD BEARS N23021'10"W A CHORD DISTANCE OF 790.70 FEET; THENCE N00025'44"W A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 11"25'11" A RADIUS OF 1015.00 FEET A DISTANCE OF 202.30 FEET WHOSE CHORD BEARS N05016'52"E A CHORD DISTANCE OF 201.97 FEET; THENCE N10"59'27"E A DISTANCE OF 37.08 FEET; THENCE S90°00'00"E A DISTANCE OF 635.12 FEET; THENCE S03°16'13"E A DISTANCE OF 33.66 FEET; THENCE S62037'55"W A DISTANCE OF 36.80 FEET; THENCE S26°39'40"W A DISTANCE OF 29.30 FEET; THENCE S05013'01"E A DISTANCE OF 184.28 FEET; THENCE S47017'38"E A DISTANCE OF 36.28 FEET; THENCE S02°26'30"W A DISTANCE OF 59.58 FEET; THENCE S30°54'29"W A DISTANCE OF 226.80 FEET; THENCE S03°27'11"W A DISTANCE OF 212.60 FEET; THENCE 504°05'07"E A DISTANCE OF 117.01 FEET; THENCE S25°08'52"E A DISTANCE OF 256.67 FEET; THENCE S04056'23"E A DISTANCE OF 488.16 FEET; THENCE S12°07'10"E A DISTANCE OF 150.75 FEET TO THE POINT OF BEGINNING, CONTAINING 17.35 ACRES, MORE OR LESS. BLOCK 5 ZONING CLASSIFICATION: PUD Residential-B (R-B) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID EAST HALF, SAID POINT BEING THE POINT OF BEGINNING; THENCE N00015'46"W ALONG THE WEST LINE OF SAID EAST HALF A DISTANCE OF 1059,93 FEET; THENCE N89056'37"E A DISTANCE OF 468.64 FEET TO A NON - TANGENT POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 29050'43" A RADIUS OF 1135.00 FEET A DISTANCE OF 591.22 FEET WHOSE CHORD BEARS S31021'13"E A CHORD DISTANCE OF 584.56 FEET; THENCE S46016'35"E A DISTANCE OF 271.54 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 17"12'19" A RADIUS OF 1015.00 FEET A DISTANCE OF 304.79 FEET WHOSE CHORD BEARS S37040'26"E A DISTANCE OF 303.65 FEET; 9 ll lllllll ll�ll 111 llllli 111 llll l llllllllllilllllllllllll 3616054 04/1012009 02:29P Weld CoUn tV, lvo 10 of 13 R 66.00 D 0.00 Steve Morena Clerk & Recorder THENCE S29004'16"E A DISTANCE OF 151.09 FEET TO A POINT ON THE SOUTH LINE OF SAID EAST HALF; THENCE S89056'54"W ALONG SAID SOUTH LINE A DISTANCE OF 1223.16 FEET TO THE POINT OF BEGINNING, CONTAINING 20.00 ACRES, MORE OR LESS. BLOCK 6 ZONING CLASSIFICATION: PUD Employment Center (EC) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 67H PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF; THENCE S00°15'46"E ALONG THE WEST LINE OF SAID EAST HALF A DISTANCE OF 551.02 FEET TO THE POINT OF BEGINNING; THENCE N81 °08'27"E A DISTANCE OF 64.02 FEET; THENCE N64°18'44"E A DISTANCE OF 492.53 FEET; THENCE S00°15'47"E A DISTANCE OF 0.03 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 111,15,141, A RADIUS OF 1015.00 FEET A DISTANCE OF 199.37 FEET WHOSE CHORD BEARS S05021'50"W A CHORD DISTANCE OF 199.04 FEET; THENCE S10°59'27"W A DISTANCE OF 225.17 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 1102611" A RADIUS OF 1135.00 FEET A DISTANCE OF 226.22 FEET WHOSE CHORD BEARS S05016'52"W A CHORD DISTANCE OF 225.85 FEET; THENCE S00025'44" E A DISTANCE OF 314.08 FEET TO A POINT OF CURVATURE, THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16000'08" A RADIUS OF 1135.00 FEET A DISTANCE OF 316.99 FEET WHOSE CHORD BEARS S08"25'48"E A CHORD DISTANCE OF 315.96 FEET; THENCE S89056'37"W A DISTANCE OF 468.64 FEET TO A POINT ON SAID WEST LINE; THENCE N00015'46"W ALONG SAID LINE A DISTANCE OF 1047.87 FEET TO THE POINT OF BEGINNING, CONTAINING 11.66 ACRES, MORE OR LESS. BLOCK 7A ZONING CLASSIFICATION: PUD Employment Center (EC) and Regional Commercial (RC) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11; THENCE N89°53'17"W ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 590.38 FEET TO THE POINT OF BEGINNING; THENCE S00°07'17W A DISTANCE OF 52.53 FEET; THENCE S88°01'53"E A DISTANCE OF 90.63 FEET; THENCE S15°52'31"E A DISTANCE OF 292.44 FEET; THENCE S02014'18"E A DISTANCE OF 653.09 FEET; THENCE N90°00'00"W A DISTANCE OF 473.52 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 04015'33" AND A RADIUS OF 1080.35 FEET AND AN ARC LENGTH OF 80.31 FEET WHOSE CHORD BEARS N02023'37"W A CHORD DISTANCE OF 80.29 FEET; THENCE N00°15'51"W A DISTANCE OF 386.59 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 1502616", A RADIUS OF 1015.00 FEET AND 10 ������ lilll ������ Illi! IIII IIIIItI 11111111111111111 IN 3616054 04/1012009 02:29P Weld County, CC 11 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder AN ARC LENGTH OF 273.48 FEET WHOSE CHORD BEARS N07027'17"E A CHORD DISTANCE OF 272.66 FEET; THENCE N15010'25"E A DISTANCE OF 102.77 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 07054,30", A RADIUS OF 1135.00 FEET AND AN ARC LENGTH OF 156.66 FEET WHOSE CHORD BEARS N11013'10"E A CHORD DISTANCE OF 156.54 FEET TO A POINT ON SAID NORTH LINE; THENCE S89°53'17"E ALONG SAID LINE A DISTANCE OF 189.95 FEET TO THE POINT OF BEGINNING, CONTAINING 9.54 ACRES, MORE OR LESS, BLOCK S ZONING CLASSIFICATION: PUD Residential-C (R-C) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11; THENCE N89"53'17"W ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 590.38 FEET; THENCE S00007'17"W A DISTANCE OF 52.53 FEET; THENCE S88°01'53"E A DISTANCE OF 90.63 FEET; THENCE S15°52'31"E A DISTANCE OF 292.44 FEET; THENCE S02°14'18"E A DISTANCE OF 653.09 FEET TO THE POINT OF BEGINNING; THENCE S02014'18"E A DISTANCE OF 147.11 FEET; THENCE S01035'33"E A DISTANCE OF 227.04 FEET; THENCE S67°07'59"E A DISTANCE OF 79.46 FEET; THENCE S41°30'13"E A DISTANCE OF 109.75 FEET; THENCE S28°16'04"E A DISTANCE OF 142,91 FEET; THENCE S15004'29"E A DISTANCE OF 123.50 FEET; THENCE S19015'37"E A DISTANCE OF 118.72 FEET; THENCE S01°03'51"E A DISTANCE OF 81.75 FEET; THENCE N90000'00"W A DISTANCE OF 599.53 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 02001'50" AND A RADIUS OF 1320,00 FEET AND AN ARC LENGTH OF 46.78 FEET WHOSE CHORD BEARS N10000'32"W A CHORD DISTANCE OF 46.78 FEET; THENCE N11001'27"W A DISTANCE OF 772.76 FEET TO A POINT OF CURVE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 06030,03" AND A RADIUS OF 1080.35 FEET AND AN ARC LENGTH OF 122.58 FEET WHOSE CHORD BEARS N07046'26"W A CHORD DISTANCE OF 122.51 FEET; THENCE S90°00'00"E A DISTANCE OF 473.52 FEET TO THE POINT OF BEGINNING, CONTAINING 11.10 ACRES, MORE OR LESS. OPEN SPACE (NORTH OF WELD COUNTY ROAD 22) ZONING CLASSIFICATION: PUD Open Space (OS) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 11 ALSO BEING THE POINT OF BEGINNING; THENCE S00007'16"E ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 2062.44 FEET; THENCE N45°24'51"W A DISTANCE OF 139.51 FEET; THENCE N01003'51"W A DISTANCE OF 131.94 FEET; THENCE N19015'37"W A DISTANCE OF 118.72 FEET; THENCE N15°04'29"W A DISTANCE OF 123.50 FEET; THENCE N28016'04"W A DISTANCE OF 11 11 Illli IN 111111111111111111111111 IN lilllllllillllll 3616054 04/10/2009 02:29P Weld County, CO 12 of 13 R 66.00 D 0.00 Steve Moreno Clerk & Recorder 142.91 FEET; THENCE N41030'13"W A DISTANCE OF 109.75 FEET; THENCE N67007'59"W A DISTANCE OF 79.46 FEET; THENCE N01035'33"W A DISTANCE OF 227.04 FEET; THENCE N02014'18"W A DISTANCE OF 800.20 FEET; THENCE N15052'31"W A DISTANCE OF 292.44 FEET; THENCE N88001'53"W A DISTANCE OF 90.63 FEET; THENCE N00007'17"E A DISTANCE OF 52.53 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE S89°53'17"E ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 590.38 FEET TO THE POINT OF BEGINNING, CONTAINING 15.70 ACRES, MORE OR LESS. OPEN SPACE (SOUTH OF WELD COUNTY ROAD 22) ZONING CLASSIFICATION: PUD Open Space (OS) LEGAL DESCRIPTION: A TRACT OF LAND LOCATED IN THE EAST HALF OF THE NORTHWEST QUARTER AND IN THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 14; THENCE S00°07'17"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 22; THENCE S89°55'22"E CONTINUING ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 237.50 FEET; THENCE S50034'57"E A DISTANCE OF 145.58 FEET; THENCE S42034'20"E A DISTANCE OF 107.53 FEET; THENCE S01°45'32"W A DISTANCE OF 127.93 FEET; THENCE S34012'35"W A DISTANCE OF 86.45 FEET; THENCE S70027'39"W A DISTANCE OF 183.51 FEET; THENCE S34°26'39"W A DISTANCE OF 345.91 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE S00°07'17"E ALONG SAID EAST LINE A DISTANCE OF 42.48 FEET; THENCE S77°57'21"E A DISTANCE OF 163.27 FEET; THENCE SO4"09'08"E A DISTANCE OF 187.09 FEET; THENCE S13°30'12"W A DISTANCE OF 100.66 FEET; THENCE S26011'10"W A DISTANCE OF 228.92 FEET; THENCE S12048'12"E A DISTANCE OF 504.03 FEET; THENCE S16018'30"E A DISTANCE OF 305.07 FEET; THENCE S78°48'01"E A DISTANCE OF 123:20 FEET; THENCE S59"38'36"E A DISTANCE OF 73.63 FEET; THENCE 830°42'25"E A DISTANCE OF 310.05 FEET; THENCE S05054'04"E A DISTANCE OF 231.64 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHEAST QUARTER; THENCE S89°55'12"W ALONG SAID SOUTH LINE A DISTANCE OF 552.18 FEET; THENCE N29'04'16"W A DISTANCE OF 217.63 FEET; THENCE N12°07'10"W A DISTANCE OF 150.75 FEET; THENCE N04°56'23"W A DISTANCE OF 488.16 FEET; THENCE N25008'52"W A DISTANCE OF 256.67 FEET; THENCE N04°05'07"W A DISTANCE OF 117.01 FEET; THENCE N03027'11"E A DISTANCE OF 212.60 FEET; THENCE N30°54'29"E A DISTANCE OF 226.80 FEET; THENCE NO2°26'30"E A DISTANCE OF 59.58 FEET; THENCE N47017'38"W A DISTANCE OF 36.28 FEET; THENCE N05013'01"W A DISTANCE OF 184.28 FEET; THENCE N26039'40"E A DISTANCE OF 29.30 FEET; THENCE N62°37'55"E A DISTANCE OF 36.80 FEET; THENCE NO3°16'13"W A DISTANCE OF 33.66 FEET; THENCE N49°22'28"W A DISTANCE OF 56.74 FEET; THENCE N14017'01"E A DISTANCE OF 299.30 FEET; THENCE N46008'59"E A DISTANCE OF 81.70 FEET; THENCE N57°55'06"E A DISTANCE OF 15.86 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE N00007'17"W ALONG SAID EAST LINE A DISTANCE OF 311.37 FEET TO THE POINT OF BEGINNING, CONTAINING 21.79 ACRES, MORE OR LESS. TRACT A ZONING CLASSIFICATION: PUD Employment Center (EC) and Regional Commercial (RC) 12 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII 3616054 04110/2009 02:29P Weld County, CO 13 of 13 R 66.00 0 0.00 Steve Moreno Clerk & Recarder LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE N00000'11"E ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; THENCE S90000'00"W, PARALLEL TO THE SOUTH LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 7.24 FEET; THENCE N00017'57"W, A DISTANCE OF 2610.43 FEET; THENCE N88°49'57"E A DISTANCE OF 21.13 FEET TO THE WEST LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE N00000'1VE, ALONG SAID WEST LINE, A DISTANCE OF 4.52 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE S89053'17"E, ALONG THE NORTH LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 524.37 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 07054'30"A RADIUS OF 1135.00 FEET A DISTANCE OF 156.66 FEET WHOSE CHORD BEARS S11`13" 0"W A CHORD DISTANCE OF 156.54 FEET; THENCE S15010'25"W A DISTANCE OF 102.77 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 15026'16" A RADIUS OF 1015.00 FEET A DISTANCE OF 273.48 FEET WHOSE CHORD BEARS S07027'17"W A CHORD DISTANCE OF 272.66 FEET; THENCE S00015'51"E A DISTANCE OF 386.59 FEET; THENCE ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 10°45'36" A RADIUS OF 1080.35 FEET A DISTANCE OF 202.89 FEET WHOSE CHORD BEARS S05038'39"E A CHORD DISTANCE OF 202.59 FEET; THENCE S11001'27"E A DISTANCE OF 772.76 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 10"45'40" A RADIUS OF 1320.00 FEET A DISTANCE OF 247.92 FEET WHOSE CHORD BEARS S05038'37"E A CHORD DISTANCE OF 247.55 FEET; THENCE S00015'47"E A DISTANCE OF 498.19 FEET TO A POINT 50.00 FEET NORTH OF THE SOUTH LINE OF SAID EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE S90000'00"W, PARALLEL TO SAID SOUTH LINE, A DISTANCE OF 627.89 FEET TO THE POINT OF BEGINNING, CONTAINING 32.22 ACRES, MORE OR LESS. 13 ORDINANCE NO. 4�2 AN ORDINANCE AMENDING ,THE FIRESTONE MUNICIPAL CODE TO PERMIT THE ESTABLISHMENT OF LEASH -FREE AREAS WITHIN,THE- TOWN AND TO REVISE CERTAIN CODE PROVISONS CONCERNING ANIMAL CONTROL WHEREAS, the Firestone Municipal Code ("Code") currently prohibits the running at large of any animal within the Town limits; and WHEREAS, the Board of Trustees desires to amend.the Code to permit the establishment of leash -free areas within the Town and to revise certain Code provisions concerning animal control in connection therewith. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES -OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.12.050 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are s}-~�Wtigh): 6.12.050. Running at Large. A. It shall be the duty of each person who owns, keeps or harbors any animal to prevent the animal from being off the premises of such perso ..he eWnefor keeper -unless the animal is on a leash, no longer than six feet, -held by a person, or within a vehicle or similarly confined and without access to passersby and to physically restrain the animal from running at large when the animal is off or away from the premises of suchthe person, and it is unlawful for such person to fail to comply with the duty. B. -Any dog or cat found running at large off or away from the premises of the person who owns, keeps or harbors it shall be taken up' and impounded and disposed of in the same manner as is provided in this code. C. It is a specific defense.to a charge of violation of this section if each of the following is established: 1. The animal was within an area of land owned by the town and which was defined by siggs and markers as a leash free area- 2. The animal was accom anied- by its owner or keeper and within view and voice control of suchDerson; and 3. The accompanying owner or keeper had a leash in such person's immediate possession in a condition to be attached to the animal without undue delay. This specific defense is not applicable if the accompanying owner or keeper has more than three dogs simultaneously unleashed or unrestrained. D. The board of trustees by resolution may establish leash free areas which when so established shall be defined by appropriate sins and markers. The board may obtain and consider the recommendations of the parks and trails advisorX board with respect to any establishment of a leash free area. Section 2. Chapter 6.24 of the Firestone Municipal Code is hereby amended by the addition of a new Section 6,24.080 to read as follows: 6.24.080. Removal of Animal Excrement Required. A. No person owning, keeping or harboring any animal shall fail to prevent such animal from defecating upon any property other than the premises of such person. B. It is a specific defense to a charge of violating this section that the defecation occurred on private property with express permission of the owner or all tenants thereof. C. It is a specific defense to a charge of violating this section that the defecation was from an ungulate or horse within land where such animal is otherwise permitted. D. It is a specific defense to a charge of violating this section that the owner or keeper immediately removed or cleaned up such deposit and disposed of it by placing it in a garbage receptacle or in an otherwise lawful and sanitary manner. E. It is unlawful to violation any provision of this section. Violation of this section shall be subject to the general penalty provisions set forth in section 16.010 of this code. Section 3. Except as expressly provided herein, a violation of this ordinance shall be subject to the general penalty provisions set forth in Section 1.16.010 of the Firestone Municipal Code. I Section 4. If any section, paragraph, .sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Town Board hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact.that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 6. The repeal or modification of any provision of the Municipal Code of the Town of Firestone by this ordinance 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 provision, and each provision 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 V order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 14'' day of March, 2002. Attest: C44 N :c n . t,v .1 ( L. Aft� see Cheri Anderson Town Clerk. 3112/02 2:21 PM[sA]F:1()flice\FimwnelOrdU—ashOrdinance 3 TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor IN �9 3058559 05/02/2003 02:15P Weld County, CO 56_ 11.00 A 0.00 Steve Moreno Clerk & Recorder L�1 of 2 R ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE ALMO ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Almo Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on March 28, 2002 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on February 20 and 27, and March 6 and 13, 2002 in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of .Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO- Sectinn 1. The annexation to the Town. of Firestone of the property described in Exhibit -A, attached hereto and incorporated herein 'by this reference, and known as the Almo Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Sectinn 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this, - day of CYiarc, , 2002. ATTEST: 0�� 16�rscn Cheri Andersen, Town Clerk ,.•''� ail �• t SEAL .. c IV`v�.r t � TOWN OF FIRESTONE, COLORADO Y:�_Z-4�_ Rick Patterson, Mayor " " _....,._.... .. �' illlll Ililliillll lililllll lilliillll lillilllllilt lilli 3058569 05/02/2003 02:15P Weld County, 00 2 of 2 R 11.00 D 0.00 Steve Moreno. Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: Lot A of recorded exemption No. 1313-2-4-'RE405, as per map recorded August 3, 1979 in book 877 as Reception No. 1798841, being part of the SE 114 of the SE 1/4 Section 2, Township 2 North, Range 68 West, of the 6th P.M., Weld County, Colorado, more particularly described as follows: Commencing at the southeast corner of said' Section 2; Thence N 89025'07" W along the south line of said Section 2, a distance of1.00 feet; Thence N 01031'48" E a distance of30.00 feet, parallel with and 3.00 feet west of, by perpendicular measurement, the east line of the southeast quarter of said Section 2, to a point on the north right-of-way line of Weld County Road 24 and the True Point of Beginning; Thence continuing along said north line N 89025'07" W a distance of 414.12 feet; Thence N 17005'42" E a distance of 200.12 feet; Thence N 30027'35" E a distance of 207.93 feet; Thence N 62058'03" E a distance of 295.78 feet; Thence S 01031'48" W a distance of 509.33 feet to the True Point of Beginning. Containing an area of 3.40 acres, more or less. { 03125/2002 10:58 AM [kkh] F;ICompany�Firestonc\Annex\Ahno.ord.doc 01 �x � fir_, 570 11111111111011111111111111111111111111111111111111111 3058570 05/02/2003 02:15P Weld County, CO 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. *1 -p AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE ALMO ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Almo Annexation, was filed with the Board of Trustees of the Town of Firestone; and WHEREAS, the property was annexed to the Town by ordinance; and WHEREAS, the Board of Trustees must provide for the zoning of the property; and WHEREAS, the Board of Trustees provided notice of the public hearing on said zoning by .publication as provided by law; and WHEREAS, no protests were received by the Town pursuant to C.R.S, Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development (PUD), Regional Commercial (RC) zoning classification and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Farnsworth Annexation; and WHEREAS, the Firestone Planning Commission has held a public _hearing on the landowner's zoning request and forwarded its recommendation to the. Board of Trustees, and the Board of Trustees has duly considered that recommendation. . NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain property known as the Almo Annexation to the Town of Firestone; the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Regional Commercial (PUD RC), pursuant to the zoning ordinances of the Town and in accordance with the Almo PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and which shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Almo Annexation subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. 1 3058570 05/02/2003 02:151' Weld County, CC of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thisc-)Sday of C—L , 2002. TOWN OF FIRESTONE, COLORADO 0AI Rick Patterson ��,;�pWN •,� Mayor ATTEST: AL : ,o (1} • O`' Cheri Andersen Town Clerk t 2 IIIIIIIIIIIIIIIIII . 11 IN 3058570 05/02/2003 02:15P Weld County, CO 3 of 5 R 26.00 Q 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Regional Commercial (PUD-RC): Lot A of recorded exemption No. 1313-2-4-RE405, as per map recorded August 3,1979 in book 877 as Reception No. 1798841, being part of the SE 114 of the SE 1/4 Section 2, Township 2 North, Range 68 West, of the 6th P.M., Weld County, Colorado, more particularly described as follows: Commencing at the southeast corner of said Section 2; Thence N 89°25'07" W along the south line of said Section 2, a distance of 3.00 feet; Thence N 01 °31'48" E a distance of 30.00 feet, parallel with and 3.00 feet west of, by perpendicular measurement, the east line of the southeast quarter of said Section 2, to a point on the north right-of-way line of Weld County Road 24 and the True Point of Beginning; Thence continuing along said north line N 89°25'07" W a distance of 414.12 feet; Thence N 17°05'42" E a distance of 200.12 feet; Thence N 30°27'35" E a distance of 207.93 feet; Thence N 62°58'03" E a distance of 295.78 feet; Thence S 019 F48" W a distance of 509.33 feet to the True Point of Beginning. Containing an area of 3.40 acres, more or less. IIIIIIIIIIIIIIIII! I IIII IIIIII IIII IIIIII III 111111111 IN 3058570 05/0212003 02:15P Weld County, CO 4 of 5 R 26.00 Q 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Almo Annexation Zoning and Outline Development Plan . Conditions of Approval Annexation 1'. Place the proper sheet title in the Firestone Information Block. 2. Move land use information to the ODP Text Sheet. Outline Development Plan Text Sheet 3. In the Utilities' section, correct the name of the gas company. 4. In the Grading Concept section, the slope is said to be northwesterly into Godding Hollow. This is inconsistent with the contours shown on Sheet 2. 5. In t;-ie Grading Concept section, the statement that there are no major flood plains on the site contradicts the Environmental Information section and Sheet 2 of the ODP. 6. _ In the Service Requirements section, remove the.reference to the Sheriff's Department and add Firestone as the provider of Police protection. 7. In the Circulation Systems section, note that Birch Street (Road 11) will be extended northerly through the site and that its future extension and r.o.w. width will be considered in the conceptual layout and location of any proposed facilities. 8. In the Land Use and Zoning section, note that the zoning is Planned Unit Development, with Regional�Commercial land uses. 9. In the Land Use and Zoning section, note that Preliminary and Final Development Plans and other necessary permits shall be required for any proposed liquor store or other development on the property. 10. In the Densi section note that the density shall conform to the standards set forth in the Firestone Development Regulations. 11. In the Development Schedule note that the statement regarding the liquor store is a statement of intent. 4 111111 IN 1111111111111IIlia11i 3Q58570510212003 7 :15P Weld Con, CO 5 ot_5 R26 00 D 0. 02 Steve MorrenonClerk & Recorder General 12. An updated Title Commitment will be required prior to final approval. 13. An Annexation Agreement'executed by the Town will be required. 14. Address any comments of the Town Attorney. 15. Address any red -line comments of the Town Engineer. 16. The applicant shall file an inclusion petition for this parcel with the St. Vrain Sanitation District. 03/26/2002 10:59 AM [kkh] F:\Company\FiresioncVmrexlAimo.zone.ord.doe I ��-- II IIII 44 II `I`I11 II II 5 13341 5 1 P Weld County, CO �r �• 3334175 1012512005 03.32 l 1 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder ) ORDINANCE NO. -P AN ORDINANCE APPROVING AN ANNEXATION -KNOWN AS THE FARNSWORTH ANNEXATION TO THE TOWN . OF FIRESTONE, ' COLORADO WHEREAS, a petition for annexation of certain. unincorporated property, to be known as the Farnsworth Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuant to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on March 28, 2002 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on February 20 and 27, and March 7 and 14, 2002 in the Farmer & Miner; and WHEREAS, the Board of Trustees, by resolution, has determined that the petition is in substantial compliance with the applicable laws of the State of Colorado, that the area proposed to be annexed is eligible for annexation, and further has determined that an election is not required, and further -found that no additional terms and conditions are to be imposed upon said annexation except any provided for in said petition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The annexation to the Town of Firestone of the property described in Exhibit A, attached hereto and incorporated herein by this reference, and known as the Farnsworth Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Section 2. The annexation of said territory is subject to the conditions provided for in the petition for annexation of said property filed with the Town of Firestone. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this _cD,g day of 2002. TOWN OF FIRESTONE, COLORADO Rick Patterson Mayor •% ATTEST: • ........ Cheri Andersen Town Clerk r�r _ II11IIlIti�II1II11111111111 n GO II� 005 03:32P Weld Cou h►, Recorder 3334175 1012512 !, 2 of 3 R 16 00 D OAO Steve Moreno Glerk � 2 I IIIIIl:III11111111111f11111 llll lillllll 111111111 IN 3334175 10125/2005 03:32P Weld County, CC 3 of 3 R 16.00 C 0.00 Steve Morena Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE - QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE S 00000'08" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE - QUARTER OF SECTION 18 A DISTANCE OF 50.01 FEET; THENCE N 89004'57" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 15 AND THE POINT OF BEGINNING; THENCE- S 00000'08" W ALONG SAID WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 1271.74 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE - QUARTER OF SAID SECTION 18; THENCE N 88055'35" W ALONG SAID SOUTH LINE -A DISTANCE OF 1342.57 FEET; THENCE N 00000'03" W A DISTANCE OF 1268.09 FEET TO A POINT FIFTY FEET SOUTH OF THE NORTH LINE OF SAID SOUTHEAST ONE - QUARTER OF SECTION 18; THENCE S 89004'57" E ALONG A LINE THAT IS 50.00 FEET SOUTH AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18 A DISTANCE OF 1342.58 FEET TO THE POINT OF BEGINNING. CONTAINING 1,704,696 SQUARE FEET OR 39.134 ACRES MORE OR LESS. 03/26/2002 10:59 AM [kkh] F:\Company\Firestnne\Annexd'arnswor[h.ard.doa .3 ORDINANCE NO. --- 9 fl AN ORDNANCE AMENDING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE TO PROVIDE PROCEDURES AND CRITERIA FOR BOUNDARY LINE ADJUSTMENTS, AND MAKING OTHER AMENDMENTS TO TITLE 16 REGARDING SUBDIVISIONS OF LAND WHEREAS, pursuant to state law, including but not limited to C.R.S. section 31-23-214, the Town iE authorized to enact regulations concerning the subdivision of land; and WHEREAS, the subdivision ordinances of the Town are codified in title 16 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to make certain amendments to title 16 to provide procedures and criteria for boundary line adjustments. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectlna 1. Title 16 of the Firestone Municipal Code is hereby amended to add a new Chapter 16.14, to read as follows: Chapter 16.14 Boundary Line Adjustments Sections: 16.14.010 Purpose. 16.14,020 Approval required. 16.14.030 Boundary line adjustment procedure. IE.14:040 Submittal requirements. 16.14.050 Boundary line adjustment review standards. 16.14.060 - Finalization and recording of boundary line adjustment. ][6.14.0][0 Purpose. The purpose of this chapter is to permit minor changes in the boundary lines of adjacent lots or parcels without requiring the processing of an entire subdivision plat application. 16.14.020 Approval required. Before any boundary line adjustment shall be legally effective for any purpose, whether immediate or future, including but not limited to any sale, transfer of ownership or building development of the affected or resulting lots or parcels, the procedures prescribed by this chapter shall be followed. 16.14.030 Boundary line adjustment procedure. A. A boundary line adjustment review process may be commenced by filing an application for a boundary Iine adjustment with the Town. The application shall be filed on forms furnished by the Town, shall be accompanied by all information required by this Chapter, and shall be signed by the owners of all of the property involved or by their duly authorized agents. The application shall be accompanied by application fee of $500, . which fee shall be nonrefundable except as provided in subsection E, below. In addition, the applicant shall be responsible for and shall pay to the town any additional expenses incurred by the town relative to consideration of the adjustment application. Such expenses shall include, but shall not be limited to, planning, sur ieying, engineering and attorney's fees incurred in processing the application. B. Upon receipt of a complete boundary line adjustment application, the town planner and town engineer shall review the request to determine whether it complies with the requirements of this chapter. The application may be referred to ether town departments and to other appropriate agencies .and persons, and referral comments regarding the application may be received from such departments, agencies and persons. The applicant shall be provided with copies of any written.referral comments. C. If the town planner and town engineer determine that the proposed boundary line adjustment complies with the requirements of this title, they shall in writing approve or conditionally approve the application. In such event, the approved application shall be finalized, and appropriate documents recorded, as provided in section 16.14.060. D. If the town planner and town engineer deny the application, written notice of such denial shall_ be provided to the applicant.. Within 15 days after the date of such decision, the applicant may appeal the decision to the planning commission and town board. To invoke this right of appeal, the applicant shall file with the town clerk and within such 15-day period a written notice of appeal. The no vice shall state the basis for the appeal. Upon receipt of such notice of appeal, the requested boundary line adjustment shall be scheduled for de novo review before the planning commission and town board pursuant to the public hearing procedures applicable to a minor subdivision plat. Upon completion of such public hearing process, the town board may approve, deny, or approve with conditions the requested boundary line adjustment, and the town board's decision shall be final. E. If, upon receipt of a complete application for a boundary line adjustment, the town planner and town engineer determine that such request is not eligible for consideration under this chapter, then the applicant shall be so notified 2 in writing. Thereafter, the applicant may withdraw the application by written request to the Town and in such event the application fee shall be refunded to the applicant. An application for subdivision approval may thereafter be submitted pursuant to the applicable provisions of the title. F. There may be imposed on any boundary line adjustment approval conditions as may be necessary to conform the application to the requirements of this chapter or to other applicable requirements of this code or the Firestone Development Regulations. F. A decision by the town planner and town engineer to approve, approve with conditions, or deny an application for boundary line adjustment shall be issued within 30 days after the town has determined that the application is complete. 16.14.040 Submittal requirements. A. Application for a boundary line adjustment shall include the following information: I . The completed town, application form and filing fee; 2. A vicinity map showing the general location of the affected properties; 3. An 11" by 17" or larger scaled site plan drawing showing the existing and proposed boundary lines, dimensions, and bearings of the properties to be affected by the adjustment; the locations, dimensions, and setbacks for . all existing and proposed improvements, structures, easements and utilities; and the current zoning of the properties; 4. The legal descriptions of the properties affected by the adjustment, describing such properties before and after the proposed adjustment, and a legal description of the area subject to the adjustment; S. The proposed deeds or other instruments of conveyance to be used to effectuate the adjustment, together with legal descriptions; 6. A current title report in the form of a title commitment indicating the current ownership and the encumbrances, if any, on the affected properties. The report shall have been issued within three months prior to submission of the application, and updated commitments shall be provided upon request; 7. A certificate of taxes due or other evidence demonstrating that there are no overdue taxes on the affected properties; 8. Certified mail return receipts and copies of the letters from the owners to the holders of any mortgages or deeds of trust upon the properties evidencing the fact that the owners have sent a copy of the application to such holders and notified the holders of the requested boundary line adjustment; 9. Such other data and information as may be prescribed by 3 the Firestone Development Regulations or reasonably required by the town. B. The applicant shall promptly comply with any requests to provide additional or supplemental information that may be reasonably required by the town for review .of the application. The deadline for action on an adjustment application shall be automatically extended to reflect the submittal date of any additional or supplement information. 16.14.050 Boundary line adjustment review standards. A. The decision to approve, conditionally approve or deny a proposed boundary line adjustment 'shall be based upon whether the applicant has demonstrated that the proposed adjustment meets all of the following standards: 1. The adjustment involves adjacent lots or parcels; 2. No new lot or parcel is created; 3. The resulting lots or parcels comply with the applicable zoning standards; 4. The lots or parcels, as approved, will ' not conflict with existing structures or utilities upon the property; 5. The lots or parcels, as approved, will not be deprived of access or have nonconforming access, as a result of the adjustment; 6. The adjustment does not create, or mitigates to the extent possible, negative impacts on the surrounding property; 7. If applicable, the adjustment does not materially impair the purposes, intent or development contemplated under the planned unit development plan affecting the property; 8. The resulting lots or parcels allow for the efficient use of property; 9. The adjustment involves only lots or parcels with identical zoning; 10. All owners and record title interest holders have consented to the adjustment; 11. The properties subject to the proposed adjustment are not owned by persons who, within the preceding six months, have submitted one or more boundary line adjustments for properties adjacent to or within the same block as the properties subject to the application. B. A boundary line adjustment ' shall not dedicate rights -of -way or easements. C. A boundary line adjustment shall not be used to adjust building envelopes or building site dimensions where no adjustment of legal boundaries is proposed. 16.14.060 Finalization and recording of boundary line adjustment. 4 A. The approval of a boundary line adjustment shall be evidenced by the _,ssuance by the town of a certificate of approval that has been executed by the mayor on behalf of the town. The certificate shall be void and of no further force in effect unless it is ready to be recorded as hereinafter provided within 180 days of the date of the decision on the boundary line adjustment. B. Prior to the recordation of the certificate of approval, the final site plat: drawing, all final deeds exchanging property between the affected parcels, and all final instruments necessary to release or amend deeds of trust or similar encumbrances on the properties shall be submitted to the town for final review. The applicant shall be responsible for addressing any corrections requested by the town. Upon town approval, the fully executed originals of such documents shall be recorded in the Office of the Weld County Clerk and Recorder by the town, the applicant or an escrow agent (if an escrow has been opened by the applicant), as the town may direct. Immediately following the recordation of such items, the original, fully executed town certificate of approval shall be recorded. No boundary adjustment shall be effective unless and until such certificate has been recorded. C. The applicant shall pay all recording costs associated with the boundary line adjustment. D. In the event the deeds, final site plan or other documents required for the finalization of the approved boundary line adjustment are not submitted to the town within 180 days following the effective date of the approval, such approval shall be void and of no further force and effect and no town certificate of approval shall be recorded. Section 2. Subsection F of Section 16.16.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stricken throu 16.16.020 Definitions. F. "Subdivision" means the division of a lot, tract nr parcel of land into two or more lots_ parcels or sites for the purpose, whether immediate or future_ of &*,transfer of ownership or building development. _`Subdivision" also means ally division of land rep vinusly suhdivided or Matted. "Subdivision" does not mean or include any division of land for the sole purpose of conveying to the town additional right-of-way for the widening or other improvement of any arterial street. �cdnn i. Section 16.16.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are sfficken flnoao): 16.16.040 Plan or plat required; Jurisdiction. a No building permit shall be issued, no development shall be permitted and there shall be no installation of utilities, streets, curbs or gutters whatsoever unless a utility and street plan an&ar subdivision plat or, if annlicahle, hnundary line adjustment_ has been approved by the board of trustees and recorded in the office of the Weld County Clerk and Recorder. Section 4• Chapter 16.04 of the Firestone Municipal Code is hereby amended by the addition of a new section 16.04.070 to read as follows: 16.14.070 Violation and penalty. It shall be unlawful for any person to violate the provisions of this title. Any person who violates any provision of this title shall be guilty of a municipal offense and shall be subject to. the general penalty provision provided in section 1.16.010. Additionally, the town for any such violation may exercise all remedies available under C.R.S. sections 31-23-216 and 31-23-216.5, and all remedies of the Town shall be cumulative. P v Section 5. If any portion of this ordinance is held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this. ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part hereof irrespective -of the fact that any one part be declared invalid. Section All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this c�,jg4h day of M 2'002. TOWN OF FIRESTONE, COLORADO ONE r ; o Rick Patterson ij Mayor Attest: Cheri Andersen Town Clerk 3/26102 2:25 PM[sji]F:\Office\Fireslonu\OrdULotLincAdjuslmcnts.ord t ORDINANCE NO. fl AN ORDINANCE ESTABLISHING ANNUAL LICENSE FEES FOR FERMENTED MALT BEVERAGE LICENSES. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.100 of the Firestone Municipal Code is hereby amended by the addition of a new subsection K to read as follows (text to be added shown in italics): 5.08.100. Fees: License fees designated for each class of license. The following license fees shall be paid to the Town annually, in advance, based on premises located within the Town: K For each 3.2% fermented malt beverage license, twenty-five dollars. Section 2. If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this,ordinance. The Town Board hereby declares that it would have ;passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 3. All other ordinances or portions thereof inconsistent or conflicting with this ordinance o--, any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, REV, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of h Qrt 2002. Attest: . 01ff' 1jersen Cheri Andersen Town Clerk 4902118:04[ldde]F:1CorWyTirestone\OrdUquorFees.Melt&v.doe 1 TOWN OF NE, COLORADO Mike Simone Mayor LC ORDINANCE NO. 4f,97 ¢} AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A ROTARY MOWER, TRACTOR AND TRUCK WITH PLOW WHEREAS, the Town is authorized by applicable law to acquire equipment: and to enter into leases for the same, which leases may include an option to purchase and acquire title to the leased property; and WHEREAS, the Board of Trustees deems it necessary and desirable for the efficient and proper functioning of the Town and for the health and safety of the Town's inhabitants to acquire certain maintenance equipment; and WHEREAS, the Board of Trustees has determined it is in the best interest ofthe Town and its inhabitants to enter into the lease contemplated herein'for the purchase of a mower and tractor, and to refinance a truck with plow. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Lease Purchase Agreement #S785 between the Town and Municipal Services Group, Inc., (the "Lease") for acquisition of one 2002 Jacobsen BR-5111 Rotary Mower, one 2002 Kabuta M120 Tractor and refinancing of one 2000 International Truck with Plow (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, is hereby approved in essentially the same form as the copy of such lease accompanying this ordinance, except the Mayor is hereby granted the authority to approve such revisions to said .Lease as determined necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Lease are not altered. Section 2. The Mayor and Town Clerk are authorized to execute the Lease, to execute such other documents as are necessary to implement the Lease, and to make payments under the Lease for which funds are legally available. Section 3. The Lease and the Town's obligations thereunder to make lease payments are hereby designated a "qualified tax-exempt obligation" for the purpose and within the meaning of Section 265(b) of the Internal Revenue Code. The Board of Trustees finds and determines the reasonably anticipated amount of qualified tax-exempt obligations which have been and will be issued by the Town does not exceed $10,000,000, 00 for the calendar year within which the Lease is to be a "qualified tax-exempt obligation" pursuant to Section 265(b)(3) of the Internal Revenue Code. Section 4. Nothing herein shall be deemed to authorize, or construed to authorize, any multiple -fiscal year direct or indirect obligation whatsoever. Section 5. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 6. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this. day of 2002. TOWN OF Fr NE, COLORADO �cONE•.. 1Y ,1 �i• - •. e0O l�I' 4 4 ATTEST- �; , o e � � e .,G /+ .� L n4�.& f tc� b CO��;q V f y Cheri Andersen Town Clerk 04/17/2002 8:12 PM [M] =:SCompany\Fimstom\OrdV c&wl rch.MowdlhctorPlow.doc 1