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HomeMy WebLinkAboutORDINANCES 2002-2009 498-615ORDINANCE NO. AN ORDINANCE OF THE TOWN OF FIRESTONE PROHIBITING SOLICITATION ON OR NEAR PUBLIC STREETS OR HIGHWAYS WHEREAS, sales to and solicitation of persons in vehicles traveling on Town streets and highways create risks of severe personal injury.and property damage; and WHEREAS, .such sales and solicitation also disrupt traffic patterns and increase traffic hazards and the risk of accidents; and WHEREAS, the Board of Trustees deems that there is a significant governmental interest in traffic and pedestrian safety, and in assuring the free movement of vehicle traffic on Town streets and highways; WHEREAS, the Board of Trustees finds that prohibiting sales or solicitations from public streets and highway still affords ample alternative means and channels of communication. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 12.16 of the Firestone Municipal Code is hereby amended by the addition of a new Section 12.16.070 to read as follows: 12.16.070 Solicitation on or near street or highway. A. The purpose of this section is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic flow. Streets and highways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning. Sometimes persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights or other traffic control signals. B. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for the same, from the occupant of any vehicle traveling upon any street or highway when such solicitation or collection: 1. Causes the person performing the activity to enter onto the traveled portion of a street or highway. 2. Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions. 3. The person performing the activity is located such that y vehicles cannot move into a legal parking area to safely conduct the transaction. C. It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on Firestone Boulevard, Interstate 25, or the Interstate 25 frontage road, including any entrance to or exit from such roadways. D. For purposes of this section, the traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic. E. Any person who violates any provision of this section shall be subject to the penalty provided in section 1.16.010. Section 2. . 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 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. - 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED day of av 52002. N Michael P:-S—imone Mayor this r' ONE QO N. ATTEST:Left elf 3eul •• Cheri Andersen, Town Clerk 4l251024:54PM[sjf]F:1O iecTrestone\Grd\Street5olicitation.ord 5P ORDINANCE NO. AN ORDINANCE CONCERNING THE POSITION OF TOWN ADMINISTRATOR. WHEREAS, the Board of Trustees desires to amend certain provisions of the Firestone Municipal Code concerning the position of Town Administrator. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection C of Section 2.09.010 of the Firestone Municipal Code is hereby repealed, as follows (words to be deleted are str-iekea thfough): 2.08.010 Officers, appointment, term. f' The shall beby the b,. «!1 e f t fustees ., town ...1m nistrnte,- whose duties, t+. 111V1V JLLLlIl VV appointed V'' ll1V VVUi[i'1�1i , L r-er-nuner-atien and eenditiens of employment shall be -detefmined by the board of tFustees. Section 2. Chapter 2.10 of the Firestone Municipal Code is hereby repealed and re- enacted to read as follows: Chapter 2.10 Town Administrator Sections: 2.10.010 Position established. 2.10.020 Term, 2.10.030 Powers and duties. 2.10.040 Compensation. 2.10.010 Position established. There is created the position of town administrator of the town. 2.10.020 Term. The town administrator shall be hired and serve for an indefinite term, shall serve at the pleasure of the board of trustees, and maybe removed by a majority vote of the entire board of trustees. 2.10.630 Powers and duties. A. The town administrator shall be the chief administrative officer of the town and shall be responsible to the board of trustees for the administration of the matters placed in the charge of the town administrator by the board of trustees. B. The town administrator's duties and responsibilities shall include, without limitation, the following: I . To supervise the administration of the affairs of the town; 1 2. To see that the ordinances of the town and the applicable laws of the state are enforced, and that the policies and procedures of the town are followed; 3. To make recommendations to the board of trustees concerninE the affairs of the town; 4. To keep the board of trustees advised of the financial condition and future needs of the town; 5. To prepare and submit annually to the board of trustees a proposed budget for the town; 6. To prepare and submit to the board of trustees such reports as r. the board of trustees requires; and 7. . To perform such other duties and responsibilities as required by ordinance, resolution, or motion of the board.of trustees. 2.10.040 Compensation. The compensation of the town administrator. shall be as established by ordinance or resolution of the board of trustees. 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 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 the timely and efficient administration of the affairs of the town, 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 IN FULL this day of 2002. TOWN OF FIRESTONE, COLORADO Attest: N Michael P. Simone Mayor I 69t,711- Kelly Reed Deputy Town Clerk 517102 12:24 PM[sjl]F:,Ol icclFirestonc\Ord\TownAdministrator(2002 Amendments) a 3 ORDINANCE NO. 5C AN ORDINANCE CONCERNING PERMITS FOR OBSTRUCTIONS AND TRAFFIC CONTROL WITHIN PUBLIC STREETS, ALLEYS, SIDEWALKS AND RIGHTS -OF -WAY WHEREAS, the Board of Trustees desires to provide procedures and criteria for the issuance of permits for activities proposed in public streets, alleys, sidewalks and rights -of -way that are not regulated under the street excavation standards set forth in Chapter 12.08 of the Firestone Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO: Section 1. Section 12.12.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strieken dffeugh): 12.12.010 Obstruction prohibited. A. Except as otherwise provided in this code, it is unlawful for any person other than an officer or employee of the town in the course of his employment to obstruct any street alleys or -sidewalk, or other public right-of-way with any debris, lumber, sand, gravel, dirt, abandoned or wrecked automobiles, trees or shrubs or other material or substance without first obtaining a permit as provided in Section 12.12..015 or to undertake such an activity in any manner that does not comply with the_permit issued therefore street department. Such permits may be gfante the adjoining property and sueh permitted obstriaetions shall. bea, liffi.iAP-4- t.E) as Short 0- permitted to exist shall eenstitute a separate and distinct violattie . B. Except as otherwise provided in this code; it is unlawful far any person other than an officer or employee of the town in the course of his employment to obstruct, close, barricade or otherwise restrict access to or impede the normal traffic flow upon any street, alley, sidewalk or other public right-of-way without first obtaining a permit therefor as provided in Section 12.12.015 or to undertake such an activity_ in any manner which does not comply with the permit issued therefor. C. Each day that such an unlawful obstruction is permitted to exist shall constitute a separate and distinct violation. D. This Section shall not be deemed to prohibit or require a permit„for traffic control undertaken by persons at the scene of a motor vehicle accident or in the case of an emergencyjefin_ed as a serious and unforeseen happening or situation endangering life, healt i or property, which needs prompt attention. All such persons acting under this subsection D_shal_l comply_with the instructions of the chief of police and other authorized town and emergency_ services personnel. Section 2. Chapter 12.12 of the Firestone Municipal Code is hereby amended by the addition of a new subsection 12.12.015 to read as follows: 12.12.015 Permit. A. A permit to undertake an activity prohibited by Section 12.12.010 of this code may be requested from the Town pursuant to the following procedures and criteria: l . Any person desiring a permit shall make application therefor to the town clerk upon forms furnished for that purpose. The application shall be submitted at least ten working days, not including holidays or weekends, before the time the applicant proposes to obstruct any street, alley, sidewalk or other public right-of-way, which for purposes of this Section are collectively referred to as the "right-of-way." The application shall be accompanied by a nonrefundable permit fee of fifty dollars. There shall also be submitted with the application a traffic control plan that provides safe methods for movement of pedestrians and motorists through the area of the proposed activity. The plan shall list the dates and hours of the proposed activity; the proposed method of closure or control over the right-of-way; the names and contact information of the persons proposed to perform the closure or traffic control work; and such additional information as the town may require. The plan shall be accompanied by a map showing the portion of the right-of-way to be obstructed, closed or restricted and the exact location of any barricades or other traffic control devices. 2. Within three working days after receipt of a complete permit application, application fee, street closure plan, and additional information as may be required by the town, the town shall approve or disapprove the request upon its review of whether the application and proposed activity, are in compliance with the requirements and criteria of this Section. The applicant shall be notified in writing of the reasons for denial of an application. 3. If a permit is approved, the permit holder shall post notice of any permitted street closures and traffic restrictions at locations within the rights -of -way at least three working days prior to the commencement date of the closure. Notice of the street closure shall also be provided by the town to entities on the `own's street closure notice distribution list, as on file with the town and updated from time to time. B. A permit may be issued under this Section only if the applicant demonstrates that all of the following criteria and requirements are and will be met with regard to the proposed activity: 1. The proposed activity is necessary in connection with construction, alteration, repair or other work on the adjoining property. 2. The proposed obstruction, closure or control within the right- of-way is the least intrusive alternative and is limited to as short a time as is 2 reasonably possible. 3. The proposed obstruction, closure or control within the right- of-way can be undertaken in a manner protective of the public health, safety, and welfare. 4. The proposed closure of or control over the right-of-way is consistent with applicable requirements of the Manual on Uniform Traffic Control Devices. 5. If the proposed closure of or control over the right-of-way is for work associated with existing oil and gas wells or facilities, the work requires the use of workover truck, rig or similar equipment that must be stood up for the work and which, when stood up, has a height in excess of 75 feet. 6. If the proposed closure of or control over the right-of-way is for work associated with existing oil and gas wells or facilities, the area to be covered by the proposed permit is within a 150 radius of the wellhead. 7. The proposed activity does not include the placement or storage upon the night -of -way of any equipment or other personal property in excess of 10,000 pounds. C. A current permit issued under this Section shall be kept at the site at all times while the activity permitted thereunder is in progress and shall be exhibited upon request of any police officer or authorized representative of the town. D. The following conditions shall be observed with regard to all activities permitted within the right-of-way under this Section: 1. The activity shall be conducted in a manner as.to not unduly impede vehicle, pedestrian or other traffic in the right-of-way. The activity shall be conducted in compliance with the town approved traffic control plan. The plan shall be site -specific and shall include the name and emergency phone numbers of the permit holder and the permit holder's designated traffic control supervisor. The permit holder shall employ flag persons as required in the plan, and such persons shall be trained and certified in flagging operations. Any traffic control devices shall be consistent with the Manual on Uniform Traffic Control Devices,unless otherwise approved in the traffic control plan. 2. The permit holder shall coordinate all activities in the right-of- way with appropriate fire, ambulance, police and transit authorities, and with ,the holders of any franchise or other authorization to undertake activity within the right-of-way. 3. 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. All barricades and other devices shall be approved and maintained under the traffic control plan, and shall include adequate lighting if maintained at night. 4. Traffic control devices other than those that generally inform the public of an obstruction ahead that face oncoming traffic shall be turned 3 away from oncoming traffic or otherwise masked from view during any period in which the obstruction is not present within the right-of-way. Signs that are specific in nature, such as flagman ahead signs, road closed signs and other signs, which in the opinion of the chief of police are inappropriate for display during hours when the obstruction is not in place or the activity is not underway are subject to confiscation by the town, and may be released only after payment of a fifteen dollar ($15.00) redemption fee for each sign. 5. No permit holder shall interrupt access to and from private property of a person other than the permit holder; and no permit bolder shall block emergency vehicles, access to fire hydrants, fire stations, fire escapes, water valves, or any other vital equipment unless permission is obtained from the owner thereof. 6. All rights -of -way shall be thoroughly cleared and cleaned of all obstructions no later than the date of expiration of the permit. E. The permit holder and its agents, employees and contractors, and any other person under the permit holder's direction or control, shall comply with all directions of the chief of police respecting the placement of obstructions and conduct of activities within the right-of-way. F. By acceptance of a permit under this Section, the permit holder agrees to indemnify and save harmless the town, its officers, employees and agents, against and from all liability, claims, damages, losses, and expenses, including but not limited to, attorneys' fees, arising out of, resulting from, or in any way connected with any negligent act or omission or other fault of the permit holder, its officers, directors, agents, employees, and contractors in the exercise or performance of activities permitted under such permit or within the right-of-way. G. A permit may be revoked or suspended by the town after notice to the permit holder or persons conducting activity under the permit or within the area covered by such permit. Suspension or revocation shall take effect immediately upon notice, and the only activity permitted thereafter will be that required to open the right-of-way. A permit may be revoked or suspended for: 1. Violation of any condition of the permit or any provision of this Section; 2. Violation of any provision of any other ordinance of the town or state law relating to the activity subject to the permit; or 3. The existence of any condition or the doing of any act that constitutes or causes a condition endangering life of serious damage to .persons or property. 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 prevision, 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 n judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. i 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of J1 a n.e_. , 2002. TOWN OF FIREST , COLORADO Q,�ST ONE J . 14 o Michael P. Simone c `• ,•� o Mayor Attest: L. Tammy eese Deputy Town Clerk 6/25/02 4:49 PM[SJL]F:\Office\Firestone\Ord\StreetClosu.ePermit r 5 ORDINANCE NO. 5© AN EMERGENCY ORDINANCE IMPOSING A BAN ON SALES AND USE OF FIREWORKS WITHIN THE TOWN OF FIRESTONE. WHEREAS, pursuant to C.R.S. §§ 31-15-601(1)0) and 12-28-107, the Town may regulate and prohibit the sale and use of fireworks within the Town; and WHEREAS, the State of Colorado is experiencing severe drought conditions, and the Board of Trustees finds that personal use of fireworks poses a hazard to public health, safety and general welfare; and WHEREAS, the Board of Trustees finds that it is in the best interest of the public health,. safety and general welfare to immediately prohibit the possession, sale and use of fireworks within the Town as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections A and B of Section 9.16.070 of the Firestone Municipal Code are hereby repealed and reenacted, with amendments, to read in their entirety as follows: 9.16.070 Regulation of fireworks. A. . Definitions. For purposes of this section, "fireworks" means any article, device, or substance prepared for the primary purpose of producing a. visual or auditory sensation by combustion, explosion, deflagration, or detonation including without limitation the following articles and devices: Toy cannons or toy canes in which explosives are used, blank cartridges, firecrackers, torpedoes, skyrockets, rockets, Roman candles, Daygo Bombs, aerial shells, sparklers, trick matches, torches, fountains, or other fireworks of like construction, and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance. B. Unlawful to sell or use fireworks. No person shall sell, offer for sale, or possess with the intent to offer for sale any fireworks in the Town; and no person shall place any fireworks into any fire; and no person shall possess any fireworks while in any park, parkway, street, recreation area, trail or open space, or use or explode any fireworks on any public or private property, unless such person has first obtained a permit for the supervised public display of fireworks in accordance with subsection C of this section. The chief of police or his designee may seize, take, remove, and destroy, at the expense of the violator, any and all fireworks offered or exposed for sale, stored, held, or possessed in violation of this section. 1 Section 2.. Sub -subsection C.6 of Section 9.16.070 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read in its entirety as follows: 9.16.070 Regulation of fireworks. C. Permits for display. 6. No permit shall be required for a public display of fireworks at any duly authorized county or district fair, provided the person engaging in such display has been specifically authorized in advance by the organizers of such fair to undertake such display, and such display is supervised by the county or district sponsoring such fair. Section 3. Subsection D of Section 9.16.070 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read in its entirety as follows: 9.1.6.070 Regulation of fireworks. D. Interpretation. This section shall not be construed to prohibit the use or exploding of fireworks in accordance with a display permit issued pursuant to this section; the use or exploding of fireworks at a duly authorized county or district fair in accordance with subsection C.6 of this section;, the use of blank cartridges at bona fide sporting events; or the use of highway flares, smoke cand- es and other emergency signal devices, when used for emergency or public safet;i purposes. Section 4. Subsection E of Section 9.16.070 of the Firestone Municipal Code is hereby repealed. 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. The repeal or modification of any provision of any prior ordinance 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 judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 2 Section 7. 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 8. The Board of Trustees herewith finds, determines, and declares that this ordinance i; necessary to the immediate preservation of public property, health, welfare, peace, or safety, in order to implement a timely ban on the sale and use of fireworks as set forth herein and to timely further the objectives of certain statewide bans on the sale and use of fireworks. This ordinance shall be effective upon adoption and approval by the Mayor if approved by three - fourths of the members of the Town Board. 1NTROV,UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 0"u &,P,_ , 2002. TOWN OF FIRESTONE, COLORADO PEST ON Michael P. Simone m •. ••; oQ Mayor Attest: �� ''•--...••• 1 Q �JP•s iY , GG Tammy W se Deputy Town Clerk 6125102 4:26 PM sjl] F:1G�mparLffiresionelOrd\FireworksBan (6-25-02 draft) 1� o 3334176 10/25/2005 03:32P Weld County, CO t1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. 502 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE FARNSWORTH ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a parthereof, and known as the Farnsworth 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) 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 Farnsworth 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 Famswortr;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 Farnsworth Annexation subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. INTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this LMay of , 2002. 'j"r.... •�v J He od 6,1 own Clerk TOWN OF FIRESTON , OLORADO I. L� Michael P. Simone Mayor 111111111111111111 l j 11111111111111111111 11111111�1�� 11112 :32P Weld County, Q duer 3334176 10125120Q5 q3 2 of 4 R 214Q, p 0.44 Steve Morena Clerk & Recor 2 EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Residential -A (PUD R-A): 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 89°04' 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 00°00'03" 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 89°04'57" 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. II1II I�II�IIIII�III�IIIIII�I IIIIII ��111lull �llllll Ill county, 00 � 3334176 1012512005 o3:32P weld c 3 of 4 R 21.00 Q p 4fl Steve Moreno Clerk & Recor er EXHIBIT B Farnsworth Annexation and Outline Development Plan Conditions of Approval Outline Development Plan 1. Confirm R.O.W. for Frontier Street (Road 15) on ODP map. 2. Add the annexation legal description to Sheet 1. 3. In the Utilities section, note that The Town Engineer will need to approve which sanitation district the property shall be included within. 4. In the Utilities section, correct the gas company's name. 5. In the Circulation System section, note that access points and layout are not approved at this time and are noted as conceptual only. 6. Show existing utilities/easements. General 7. For text and maps, street names shall be consistent with the Firestone Street Grid. 8. A current tax statement shall be submitted prior to recording. 9. An updated Title Commitment shall be submitted prior to recording. 10. Revise documents consistent with red -line comments of the Town Engineer. 11. The Planning Commission recommends the applicant contact the school district prior to submitting a Final Development Plan and Final Plat. 12. Locate'/2 acre lots on the east perimeter of the property, along Road 15. 714/02 10:11 AM [sjlj F;1C mpmylFvcsioneVlmcx\Fa sworsh.zono,ord.doc 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIII 3334176 10/25/2005 03:32P Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillll 291 3012291 12/06/2002 11:16A Weld County, CO 1 of 4 R: 21.00 0 0.00 J.A. "Suki" Tsukamoto ORDINANCE NO..SQ--3 AN ORDINANCE ZONING CERTAIN PROPERTY ANNEXED TO THE TOWN AND KNOWN AS THE FIRESTONE TRAIL ANNEXTION NO. 2. WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of initial zoning and an Outline Development Plan for property annexed to the Town and known as the Firestone Trail Annexation No. 2; 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, all materials related to the proposed initial zoning and Outline Development Plan have been reviewed by Town Staff and Planning Commission and found to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning- Commission has held a public hearing on the zoning of such property and forwarded its recommendation to the Board of Trustees, and the Board of Trustees has duly considered that recommendation; and WHEREAS, Town Staff and the Planning Commission have recommended a Planned Unit Development — Open Space zoning classification for the property; and WHEREAS, a Planned Unit Development- Open Space zoning classification 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. That certain property known as the Firestone Trail Annexation No. 2 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 — Open Space (PUD-OS) pursuant to the zoning ordinances of the Town and in accordance with the Firestone Trail Annexation No. 2 Oi tline Development Planapproved by the Board of Trustees, which ODP is hereby approved, and the Town zoning map shall be amended accordingly. lilllllllllllllllllillllllllll IIlIllliIIIIIIIIIIIIIIIII 3012291 12/06/2002 11:16A Weld County, CO 2 of 4 R 21.00 D 0.00 J.A. "Saki" Tsukamoto INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I ( day of JU l Y , 2002. TOWN OF FIREST ; COLORADO . REST -T OyytiO,Z� 5� rn A Michael P. Siumone �QGO Mayor Attest: �'titj: coo Gc�e-off ' dy He wood Town Clerk 7141021014AM[sp]F:IDFTCET,iresioneUnnex\Tme 2.zoneord.doc J 3012291 12/06/2002 11:16A 3 of 4 R 21.00 0 0.00 S.A 1111111111111111111111111 Weld County, CO "Suki" Tsukamoto 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" PRINCIPAL MERIDIAN, 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 S88°49'53"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. N00°15'27"E, 2587.13 FEET; 2. N00015'18"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 N20031'55"E, 1312.61 FEET; THENCE N3 0°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. S89019'34"E, 85.98 FEET; 2. N30002'40"E, 1550.76 FEET; 3. N89014'51 "W, 28.56 FEET; 4. N30002'40"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 S89012'33 "E, 29.03 FEET; THENCE N30002'40"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 N01014'44"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 3 11111111111111111111111111111 III 1111111 III IIIII 1111 IN 3012291 12/06/2002 11:16A Weld County, CO 4 of 4 R 21.00 Q 0.00 J.A. "Suki" Tsukamoto SAID NORTH LINE S89012'33"E, 28.28 FEET; THENCE S30°02'40"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 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. S30002'40"W, 1513.76 FEET; 2. N89015'50"W, 28.78 FEET; 3. S30002'40"W, 1549.95 FEET; 4. S89°19'30"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 S15010'34"W, 1910.21 FEET; 7. S00°1753"W, 600.55 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO.22; THENCE S0001 T53 "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 S0001649"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 2-1/2" ALUMINUM DISC STAMPED PLS 22097 AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 6 TO BEAR SO 1 ° 14'44"W (SOUTH END OF SAID LINE BEING MARKED BY A 2-112" ALUMINUM DISC STAMPED PLS 28650) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE ALONG SAID EAST LINE S01014'44"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 S01014'44"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 S30003'44"W, 124.48 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF WELD COUNTY ROAD NO. 15; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY N0101444"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 OR LESS. 4 "Y r -T3 Y-i �Pres--k�-e— B,bx, Lp 0 Cc ORDINANCE NO. 56 q AN ORDINANCE ENACTING AMENDMENTS TO THE 1997 EDITION OF THE UNIFORM BUILDING CODE AS PREVIOUSLY ADOPTED BY THE TOWN; ADOPTING BY REFERENCE THE 1997 EDITION OF THE UNIFORM PLUMBING CODE; THE 1998 EDITION OF THE INTERNATIONAL MECHANICAL CODE, THE 1997 EDITION OF THE UNIFORM CODE FOR BUILDING CONSERVATION, THE 2000 EDITION OF THE INTERNATIONAL FUEL GAS CODE, AND THE 2002 EDITION OF THE NATIONAL ELECTRIC CODE; ADOPTING AMENDMENTS TO SUCH CODES ADOPTED BY REFERENCE; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODES; AND ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODES; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, national building, housing, and safety standards have been developed and from time to time updated, as set forth in various uniform codes, and it is deemed in the best interest of the citizens of Firestone, and in the interest of the public health, safety, and general welfare, to amend the current building and plumbing codes of the Town, and to adopt by reference thereto certain uniform codes and amendments thereto tailored to accommodate particular circumstances and requirements of the Town; and WHEREAS, the Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the amendment and adoption of said codes; and WHEREAS, the uniform codes and amendments thereof have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the uniform codes and amendments thereof should be adopted as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Pursuant to Part 2, Article 16, Title 31, Colorado Revised Statutes, Appendix Chapters 12 and 29 of the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601, are hereby adopted by reference. Division III of Appendix Chapter 3, Appendix Chapters 18 and 33, and Divisions I and II of Appendix Chapter 34 of the 1997 Edition of the Uniform Building Code as previously adopted by the Town are hereby repealed. Section 15.04.025 of the Firestone Municipal Code is amended and restated to read in its entirety as follows: 15.04.025 Appendices Adopted. The following appendices of the 1997 Edition of the Uniform Building Code are specifically adopted and made a part of the Firestone Municipal Code; any appendices not listed are not adopted: Divisions I, II and IV of Appendix Chapter 3, Appendix Chapters 4, 11, 12, 15, 29, and 31, and Division III of Appendix Chapter 34. 1 Section 2. Section 15.04.030 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.030 Uniform Building Code ---Amendments. The Uniform Building Code as adopted by the town is hereby amended as follows: A. The last sentence of the second paragraph of Section 104.2.1 is amended by the addition of the following at the end thereof: "...[this code], and the 2000­Edition 4.the-,International Building Code and the 2000 Edition of the International Residential Code." B. Section 1.05 is deleted in its entirety and replaced with the following: "The -members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees." C. The first sentence of Section 106.3.1 is amended to read as follows: "To obtain a permit, the applicant shall first file ,with the town a written application on a form furnished by the town and conforming with town submittal and other requirements." D. The first paragraph of Section 107.2 is amended to read as follows: "The fee for each permit shall be as established from time to time by resoiut:on of the Board of Trustees and set forth in the Town Fee Schedule maintained by the building officials for such purposes, which fees shall be in lieu of the fees set forth in Table I -A, which shall not be applicable." E. Section 108.5 is amended by renumbering 108.5.6 as 108.5.7, and by amending subsection. 108.5.5 and adding anew section 108.5.6, to read as follows: 108.5.51nsulation. After all insulation has been installed. In addition to the requirements of the Uniform Building Code and the State of Colorado regulations, insulation in residential buildings shall conform to the following standards: Portion of Buildings R-Value Ceilings R-30 Sidewalls R-11 Sub -floors over unheated R-11 crawlspaces or sidewalks of foundation Portion of Buildings R-Value 2 Windows Double -glazed Sliding glass doors Double -glazed 108.5.6 Lath or Gypsum Inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. ' F. Section 109.1 is amended by deleting the term "building official" from the first sentence and substituting therefore .the term "town", and by deleting the exception contained therein for Group R, Division)' occupancies. G. Section 219 is amended by adding a new definition to read as follows: "ROOM, SLEEPING (BEDROOM) is a habitable room -within a dwelling unit having a closet, designed for or used by the occupants primarily for the purpose of sleeping." H. The second sentence of the fifth paragraph of Section 310.4 is amended to read as follows: "Window wells at escape or rescue windows, and window wells and all other basement windows with egress window dimensions, shall comply with the following:" I. Clause 2 of the fifth paragraph of Section 310.4 is amended by the addition of a new sentence at the end thereof, to read as follows: "For unfinished basements this requirement shall be deemed.met if one such window well is equipped with the required ladder or stairs." J. Section 310.6.1 is amended by the addition thereto of an Exception following the first paragraph thereof to read as follows: "EXCEPTION: A habitable basement room which is accessory to a dwelling unit located above may have a ceiling height of seven feet (7') as measured from the floor to finished ceiling.. Projections such as beams, piping and ducts shall not reduce the ceiling height to less than six feet eight inches (6'8"). K. Section 310.9.1.2 is amended to read in its entirety as follows: "When one. (1) or more sleeping rooms are added or created in the existing Group R Occupancies, the entire dwelling unit shall be provided with smoke detectors located and installed as required for new Group R Occupancies described herein." L. Section 509.1 is amended by adding a second paragraph to read as follows: "All area wells, stairwells and light wells attached to any building that are located less than thirty-six (36) inches from the nearest intended walking surface and deeper than thirty (30) inches below the surrounding ground level, creating an opening greater than twenty-four (24) inches measured perpendicular from the building and with the side walls of such well having a slope steeper than 2 horizontal to 1 vertical, shall be protected with guardrails conforming to this section around the entire opening, or to be provided with an equivalent barrier. "EXCE'TIONS: 41. The access side of the stairways need not be barricaded. "2. Area wells provide for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section 310.4 of this code. "3. Covers and grates may be used over stairways and other openings used exclusively for the service access or for admitting light or ventilai.ion." M. Section 1003.3.1.6 is amended by adding a new Item 1.4 under Exception 1 to read as follows: "1.4 Exterior doors, other than the main entrance door to a dwelling unit, may open at one intervening exterior step that is equally spaced between the interior floor level above and exterior landing below, provided the step has a minimum tread depth of twelve (12) inches, a maximum riser height of eight (8) inches, and a minimum width equal to the door width; and provided the door does not swing over the step." N. Section 10013.1.6 is amended by the addition of a new paragraph at the end thereof to read as follows: "All exterior steps, walks, decks, and patios serving as exterior door landings or exterior stairs shall be adequately anchored to the, building or otherwise permanently secured in place by approved methods to prevent such landings or stairs from b--ing undermined or subject to significant displacement due to improper placement of supporting backfill or due to inadequate anchoring methods." 0. The first paragraph of Section 1103.1.9.2 is amended to read in its entirety as follows: "Hotels, lodging houses and congregate residence shall be provided with accessible units complying with the most current standards promulgated by the American National Standards Institute A 1117.1 standard. This shall apply to one (1) unit for each seven (7) units or major fraction thereof as follows: "Total Number of Units 7 8 to 14 15to71 Accessible Units Required 0 1 2 22to28 3 29 to 35 4 36to42 5 Etc. , Etc." P. Section 1203.2 is amended by deleting the Exception in its entirety and adding two new exceptions thereto to read as follows: "EXCEPTIONS: "1. Artificial light may be substituted for natural light for all habitable rooms in basements other than in sleeping rooms, provided such rooms are not a part of a dwelling unit located in a basement. "2. Kitchens in Group R Occupancies may be provided with artificial light." Q. Section 1614 is amended to read in its entirety as follows: "Buildings and other structures and all portions thereof that are subject to snow loading shall be designed to resist such snow loads in accordance with Appendix Chapter 16, Division 1, wherein the `ground snow load' shall be 30 pounds per square foot, {psf)." R. Section 1618 is amended to read in its entirety as follows: "Basic wind speed. The minimum basic wind speed for determining design wind pressure shall be one hundred (100) miles per hour, exposure (C); however, if a licensed Architect or Engineer determines that a property should be assigned an exposure (B) the building may be designed to that exposure." S. Table 18-1-C is amended by the addition of a new footnote to read as follows: "Foundations shall be designed and construction drawings stamped by a Colorado registered professional engineer or licensed architect. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification for setbacks is required on all new Group R3 occupancies and all new commercial projects." T. Section 2201 is amended by adding the following at the end thereof: ". [this chapter] and in the 2000 International Residential Code, Section R505, Steel Floor Framing." U. Table 23-1V-B is amended by the deletion of all references to studs on 24-inch centers, and is further amended by the addition of a new paragraph at the end thereof to read as follows: "Notwithstanding anything to the contrary in the above table, all studs in exterior walls, bearing or non -bearing, in Group R Occupancies shall be a minimum of sixteen inches (16") on center, or an engineered drawing with a State of Colorado architect or engineer stamp shall be provided for such other proposed centering." V. Table 234V-J-1 and Section 2320.8.1 are amended by adding a second paragraph to read as follows: "Notwithstanding anything set forth herein to the contrary, pre - manufactured I -Joist joist systems must be installed a maximum of 19.2 inches on center, unless a minimum 1 `/4 inch floor deck is installed, or an engineered drawing with a State of Colorado architect or engineer stamp is provided for each property." W. Appendix Chapter 15, Section 1516.2, is amended by adding a paragraph #8 to read as follows: "After the application of three (3) layers, all existing overlays shall be removed to the roof decking when installing new roof coverings." Section 3. Section 15.04.040 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.040 International Mechanical Code adopted. The International Mechanical Code, 1998 Edition, published by the, International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia, 22041-3401, including Appendix A to such Code, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Mechanical Code include minimum standards relating to the mechanical installations in or in connection with the construction, alteration and repair of new and existing structures including design, construction, installation, quality of materials, locations, operation and maintenance or use of heating, ventilation, cooling refrigeration systems, incinerators and other miscellaneous heat -producing appliances. Except as otherwise provided herein, the International Mechanical Code is adopted in full, including the outline of contents, index, tables and Appendix A contained therein. In all sections of this code where a reference is made to the International Mechanical Code, said reference shall be to the 1998 Edition of said Code. The town cleric shall maintain sufficient copies of the International Mechanical Code as required by law in the Town Hall. Section 4. Section 15.04.050 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.050 International Mechanical Code --Amendments. The International Mechanical Code as adopted by the town is hereby amended 0 as follows: A. Section 109 is deleted in its entirety. Section 5. Section 15.04.060. of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.060. Uniform Plumbing Code adopted. The Uniform Plumbing Code, 1997 Edition, as published by international Association of Plumbing and Mechanical- Officials, 20001 Walnut Drive South, Walnut, California, 91879, including Appendices A through L inclusive, is adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of the Uniform Plumbing Code (also referred to as the UPC) include comprehensive provisions regulating plumbing installations in or in connection with new and existing structures and providing uniform plumbing standards for the purpose of protecting the public health, safety and general welfare. Except as otherwise provided herein, the Uniform Plumbing Code is adopted in full, including the outline of contents, index, and Appendices A through L inclusive contained therein. In all sections of this code where a reference is made to the Uniform Plumbing Code or UPC, said reference shall be to the 1997 Edition of said Code. The town clerk shall maintain sufficient copies of the Uniform Plumbing Code as required by law in the Town Hall. Section 6. Section 15.04.070 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.070 Uniform Plumbing Code --Amendments. The Uniform Plumbing Code as adopted by the town is hereby amended as follows: A. The fee for each permit as set forth in Table I A may be amended from time to time by ordinance or resolution of the board of trustees. B. Section 101.4.1.4 is deleted entirely and replaced with the following: "The Administrative Authority is the Chief Building Official of Colorado Inspect_on Agency and his authorized representative. The Administrative Authority will decide which code shall prevail if there is a conflict between the adopted codes." C. Table 4-1 of the 1997 Uniform Plumbing Code is deleted and replaced in its entirety with Appendix Table A-29-A in Appendix Chapter 29 of the Uniform Building Code, 1997 Edition. D. Section 413.0 is amended to read in its entirety as follows: 413.0 Toilet Facilities for Workers 7 Suitable toilet facilities shall be provided and maintained in a sanitary condition for the use of workers during construction. Section 7. Section 15.08.010 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.08.010 National Electric Code adopted. The National Electrical Code, 2002 Edition, published by the National Fire Protection Association,) Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, is adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the National Electrical Code include minimum regulations for the practical safeguarding of persons and property from the hazards arising from the use of electricity and minimum standards relating to the installation of electrical conductors and equipment within or on public and private buildings and other structures, including mobile homes, recreational vehicles, and floating dwelling units, and other premises such as yards, carnivals, parking and other lots, and industrial substations. Except as otherwise provided herein, the National Electrical Code is adopted in full, including the outline of contents, index, and all appendices thereto. Any references to the National Electrical Code within this code shall be to the 2002 Edition of said Code. The town clerk shall maintain sufficient copies of the National Electric Code as required by law in the Town Hall. Section 8. Section 15.08.020 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.08.020 National Electric Code ---Amendments. The National Electric Code as adopted by the Town is hereby amended as follows: A. The electrical permit fees for each permit shall be as established from time to time by resolution of the Board of Trustees and set forth in the Town Fee Schedule maintained by the building officials for such purposes. . Section 9. Title 15 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 15.10 to read as follows: Chapter 15.10 UNIFORM CODE FOR BUILDING CONSERVATION Sections: 15.10.010 Uniform Code for Building Conservation adopted. 8 15.12.020 Violation and penalties. 15.10.010 Uniform Code for Building Conservation adopted. The Uniform Code for the Building Conservation, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the Uniform Code for the Building Conservation include the provision of standards for changes of occupancy and alterations or repairs of existing buildings and structures which encourage the continued use or reuse of legally existing buildings and structures. Except as otherwise provided herein, the Uniform Code for Building Conservation, 1997 Edition, is adopted in full, including the outline of contents and index contained therein. Any reference to the Uniform Code for Building Conservation within this chapter shall be to the 1997 Edition of said code. The town clerk shall maintain sufficient copies of the Uniform Code for Building Conservation as required by law in the Town Hall. 15.10.020 Violation and penalties. It shall be unlawful for.any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. t Section 10. Title 15 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 15.12 to read as follows: Chapter 15.12 INTERNATIONAL FUEL GAS CODE Sections: 15.12.010 International Fuel Gas Code adopted. 15.12.020 Violation and penalties. 15.12.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2000 Edition, published by the International Cade Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia, 22041, is hereby 9. adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Fuel Gas Code include the provision of standards for the design and installation of fuel gas systems and gas fired appliances. Except as otherwise provided herein, the International Fuel Gas Code, 2000 Edition, is adopted in full, including the outline of contents and index contained therein. Any reference to the International Fuel Gas Code within this title shall be to the 2000 Edition of said code. The town clerk shall maintain sufficient copies of the International Fuel Gas Code as required by law in the Town Hall. 15.12.020 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision of this chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. Section 11. 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 12. 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 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. Section 14. 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 I day of , 2002. 10 J Attest: Cheri Andersen Acting Town Clerk 711/02 6:06 PM[sjl]l\I—kservrlcompanylFirestone5Ord130033uildingCodeAmendmems.doc t TOWN OF FIRESTONE, COLOR -ADO Michael P. Simone Mayor 9 II ORDINANCE NO. AN ORDINANCE AMENDING THE FIRESTONE MUNICIPAL CODE TO REVISE THE ON - STREET PARKING REGULATIONS FOR MOTOR HOMES AND SIMILAR RECREATIONAL VEHICLES. WHEREAS, the Town has previously adopted the 1995 Model Traffic Code for Colorado Municipalities, including amendments thereto, as set forth in Chapter 10.04 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to adopt additional amendments to the Town's version of the Model Traffic Code concerning on -street parking of motor homes and similar recreational vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsections D and E of Section 10.04.050 ofthe Firestone Municipal Code are hereby amended to read as follows (words to be deleted are st6lo n t1wo words to be added are underlined): 10.04.050 Additions or modifications. The following additions, amendments or deletions are made to Article I ofthe Model Traffic Code for Colorado Municipalities, 1995 Edition: D. Section 1212, Trailer, trailer coach, utility trailer, sehoel bus, motor home or mobile home parking, is added to read as follows: Section 1212, Trailer, trailer coach, utility trailer, sehoolbus, motor home or mobile home parking. (1) Except as provided in subsection 2 of this section Nno trailer, trailer coach, utility trailer, school bus, motor home, as defined in this Model Traffic Code, and no mobile'home, as defined in Title 17 of the Firestone Municipal Code, shall be parked, attached or detached, on any public right-of-way within the Town. (2) A motor home or trailer coach may be parked within a residential area fora period of time not to exceed fogy -eight hours within my seven-da period provided the home or coach is being parked for the pmose of loadin or unloading duringsuch uch period, and not for storage. (3) Whenever a motor home or trailer coach is narked as permitted_ under subsection 2 of this section, the owner thereof shall post or place a cons icuous notice on the home or coach to advise third , ggies of the a roximate time when the home or coach will be moved. E. Section 1213, Bus, trailer coach, mobile home, motor home, recreation vehicle restrictions, is added to read as follows: Section 1213, Bus, camuer coach, trailer coach, .mobile home, motor home, recreation vehicle restrictions. No bus, camper coach, trailer coach, mobile home, seff-prapeRedmotor home or recreation vehicle shall be used for living, sleeping or residing on any street or public right-of-way within the Town. Section 4. This ordinance shall take effect on , 2002, 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 ofthe 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, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this ' g day of Av, i u t , 2002. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor - . 2 Attest: e -, e� dy He d Town Clerk aMO211:53 AM[s[IF:\Offece\Firegan6Ord1RVPwidn&ord ONE �N N O ORDINANCE NO. 5 v 6 AN ORDINANCE AMENDING SECTION 15.40.070 OF THE FIRESTONE MUNICIPAL CODE TO CLARIFY THE TOWN PERMITTING REQUIREMENT AND HEIGHT STANDARD FOR FENCING. WHEREAS, the Board of Trustees desires to amend Section 15.40.070 of the Firestone Municipal Cede to clarify the Town permitting requirement and height standard 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, words deleted are seen thre ): 15.40.070. Height limitation. E,No fences shall be per-init-ted tha4 do net exceed six feet in height, as measured from the finished surface of the ground to the top of the fence at any point along the exterior of the fence. Additionally,no fence subject to section 15.40,030 or section 15,40,040 shall exceed forty-two inches in height, as measured from the finished surface of the ground to the top of the fence at any point along the exterior of the 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 u yU , 2002. 1 Attest: 8I23/02 I2:07 PM[sil]FaOFFICE\Firestone\OrdlFencing2 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ORDINANCE NO. S07 . AN ORDINANCE EXTENDING THE TOWN SALES TAX TO THE SALE OF FOOD AND SUBMITTING THE QUESTION THEREOF TO THE REGISTERED ELECTORS OF THE TOWN WHEREAS, the purpose of this Ordinance is to extend the Town sales tax to the sale of food and to silbmit the question thereof to the registered electors of the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. . Subsection A of Section 3.08.030 of the Firestone Municipal Code is amended to read as follows (words added are underlined: words deleted are strieken ti ffeug ): 3.080,030 Applicability. This chapter shall take effect July 1, 1986, and shall apply to: A. A sales tax on the sales of tangible personal property, and services in the town that are taxable pursuant to CRS 39-26-104, together with amendments thereto and subject to the same exemptions as those specified in CRS 39-26-114, excluding the exemption specified in CRS 39-26-114 1 a XX for sales of food (which food sales shall be taxed effective January 1, 2003) and the exemption specified in CRS 39-26-114(1)(a)(XXI), but including: 1. The exemption of machinery or machine tools as provided in CRS 39-26-114(11); and exemption for- all sales of F o . sot f «+l-. CRS 39 26 u. aaiv v�iv iir ��Vl♦ iVi ui♦ V�4iVU V1 food lAJ Jul 1V1111' 11I' 1 1 4( )(a)(XX) and as define i CAC 39 26 l02 (4 c). and 1 aTtl/Lul�iiliJ ,- 23. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the sales tax when such sales meet both of the following conditions: a. The purchaser is a nonresident of or has his principal place of business outside of the local taxing entity, and b. Such personal property is registered or required to be registered outside the limits of the local taxing entity under the laws of this state; 34. In addition, no sales tax shall apply to the sale of construction and building materials, as the term is used in CRS 39-26-109, if such materials are iaicked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to such local government evidencing that a local use tax has been paid or is required to be paid; 45. Nc. sales tax shall apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the 1 purchaser or user by another statutory or home rule city and county, city or town. A credit shall be granted against the sales tax imposed by the subsequent statutory or home rule city and county, city or town with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule city and county, city or town. The amount of the credit shall not exceed the sales tax imposed by the subsequent statutory or home rule city and county, city or town. Section 2. This the amendments to the Firestone Municipal Code set forth herein shall take effect January 1, 2003, provided a majority of the registered electors voting at the November 5, 2002, special election vote "yes" in response to the following ballot issue, which is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special election to be held on November 5, 2002: SHALL TOWN OF FIRESTONE TAXES BE INCREASED $750,000 IN 2003 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER, WITHOUT ANY INCREASE IN THE CURRENT RATE OF THE TOWN SALES TAX, BY EXTENDING THE EXISTING TOWN SALES TAX TO SALES OF FOOD EFFECTIVE JANUARY 1, 2003; AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN AND EXPEND ALL REVENUES DERIVED FROM SUCH TAX INCREASE (REGARDLESS OF THE ANNUAL AMOUNT) AS A VOTER -APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Section 3. If the ballot issue referred herein to the registered electors is not approved at the November 5, 2002, special election, this ordinance is repealed effective November 15, 2002, Section 4. The Board of Trustees may submit additional ballot issues or other measures to appear on the ballot of the special election by the adoption of appropriate resolutions or ordinances as required by law. Section 5. The special election shall be conducted as a part of a coordinated general election and in accordance the provisions of Resolution No. 02-33 and the requirements and procedures of the Uniform Election Code of 1992, articles I to 13 of title 1, C.R.S., as amended. Section 6. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. All actions heretofore taken (not inconsistent with the provisions of this ordinance) by the Town, directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. 2 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. 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 9. 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. INTROD CED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED W FULL this day of , 2002. Michael P. Simone Mayor Attest: dy Heg od . p,L Town Clerk yw ►Nr►►rr� w/� 8/29102 5:49 I,Mlsjl]F:1Oflice\FirestoneNOrd\FucdTax COLORADO 3 ORDINANCE NO. 5 AN ORDINANCE AMENDING SECTION 15.40.040 OF THE FIRESTONE MUNICIPAL CODE TO REVISE THE SETBACK REQUIREMENTS FOR FENCES ON REVERSE CORNER LOTS WHEREAS, the Board of Trustees desires to amend Section 15.40.040 of the Firestone Municipal Code to revise the setback requirements for fences on reverse corner lots. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.40.040 of the Firestone Municipal Code is hereby amended to read as follows {words added are underlined; words deleted are str 15.40.040 Fence on. reverse corner lot. A. On any reverse corner lot for a single-family dwelling located within a planned _unit development (PUD) zone district, unless otherwise permitted in the approved final development plan, no fence shall be constructed beyond that point which is half way between the street line and the front setback line of the adjacent single-family residence whose side yard is the rear line of the corner lot, except as follows: a -permit may be issued for a picket, ornamental iron, or split rail fence. that mall does not exceed forty-two inches in height as measured from the finished surface of the ground to the top of the fence at any point alM the exterior of the fence and that deer yet permits visibility through the fence of at least fifty percent B. On any reverse corner lot located within a non-PUD residential zone district,no fence shall be constructed within ten feet of the street line of the ad'acent residence whose side yard is the rear line of the corner lot except as follows: a permit may b-. issued for a chain link picket, ornamental iron, ors split rail fence that does not exceed forty-two inches in height, as measured from the finished surface of the round to the top of the fence at any point along the exterior of the fence and that permits visibility through, the fence of at least fifty percent. C. The provisions of this Section shall take effect October 18 2002 and shall a -:) ply to all fence construction and replacement, and to allqpDlication therefor, on or after such date. 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 , 2002. pNI .� i • +c 'G 'rrrrrrrr++�+ Attest: �� n Cqv J dy Heg od Town Clerk 919/02 358 PM[sjl]F:\OFFICE\Firestone\OrdlFencing3 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII III IIIII 1111 IN 3362259 62/10/2006 02:04P Weld County, CO 1 of 3 R 16.00 Q 0.00 Steve Moreno Clerk & Recorder259 s ORDINANCE NO. � �i AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE STONERIDGE ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Stoneridge Annexation, and described in Exhibit A attached hereto, has been filed with the Board of Trustees of the Town of Firestone; and WHEREAS, pursuan,: to Sections 31-12-108 to -110, C.R.S., the Board of Trustees on September 26, 2002 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on August 13, 20 and 27, and September 3, 2002 in the Longmont Times -Call; 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 here-_o and incorporated herein by this reference, and known as the Stoneridge 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. 1NTRODVCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN (0' FULL this z -*Uay of , 2002. ,♦ �� ! 0 el TOWN OF COLORADO Michael P. Simone, Mayor 1 . IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Illfll IIIII IIIII IIIIII 3362259 02/10/2006 02:04F Weld County, CO 2 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: Stoneridge Annexation A parcel of land being part of the Northwest Quarter (NW114) of Section Thirteen (13) and part of the East Half (E1/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 13 and assuming the North line of said NW 114 as bearing South 89°3 F25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699.37 feet with all other bearings contained herein relative thereto From said point the West Quarter Corner of said Section 13 bears South 00'30'11" East a distance of 2650.68 feet: THENCE South 00'30'11" East along the West line of said NW114 a distance of 30.00 feet to the intersection with the Southerly Right -Of -Way (ROW) line of Weld County Road 422 (WCR #22). Said point being the TRUE POINT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31'25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to the East line of said NWIA; THENCE South 00"06'24" East along said East line a distance of 2183.38 feet to the Northeast Corner of that parcel of land as described in that Warranty Deed as recorded May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Corner of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE North 89'53'17" West along a line parallel with the South line of said NWIA a distance of 420.00 feet; THENCE South 00°06'24" East along a line parallel with the East line of said NWIA a distance of 420.00 feet to the South line of said NW114 and being the Southwest Corner of the aforesaid parcel of land. From said point the Center Quarter Corner of said Section 13 bears South 89°53'17" East a distance of 420.00 feet; THENCE North 89053'17" West along the South line of said NW114 a distance of 2230.92 feet to the Westerly ROW line of Weld County Road #I I (WCR #11). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded February 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: THENCE North 001128'13" West a distance of 0.31 feet; THENCE South 89°31'47" West a distance of 30.00 feet to the West Quarter Corner of said Section 13; THENCE South 89031'47" West a distance of 30.00 feet to the Westerly ROW line of said WCR Fj 3362259 02110/2006 02:04P Weld County, CO 3 of 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder THENCE North 00030'11 " West along said Westerly ROW line a distance VP20.;-9�jfeet to the /ILI Southerly ROW line of said WCR 922; el 11,4 O'T grN -t THENCE South 89'56'30" East along said Southerly ROW line a dista'n'c"e"o'-f"3"O"00�fdet,to the" TRUE POINT OF BEGINNING. J 41 LI A Said described parcel of land contains 159.050 Acres, more or less (±) and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 09/2612002 6.13 PM [Wil \\2kserver\companylFirestotie\Aitnex\Stanedcige.ord.doo r.t . P-.+uffl Tc-) ; Town of Firestone P.O. Box 100 151 Grant Avenue Firestone, CO 80520 ,... I Ilillllllll IIIIIIIIIII Ililillllll IIIIIIII IIIIIIIII lilt 3362260 02/1012006 02:04P Weld County, CO k 1 of 6 R 31.00 O 0.00 Steve Moreno Clerk & Recorder J �-- -� ORDINANCE NO. 2--� AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF ` 1 FIRESTONE AND KNOWN AS THE STONERIDGE ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof. and known as the Stoneridge 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 (PUD), Residential -A (PUD R-A) zoning classification and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development Residential -A zoning classification is consistent with the Town's plan for the area encompassed by the Stoneridge 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 Stoneridge 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 Stoneridge 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 Stoneridge Annexation subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. I IIIIII IIII! IIIII IIIIIIlIIII IIIIII IIII� III IIIII IIII IIII 3362260 02/10/2006 02:04P Weld County, CO �2 of 6 R 31.00 D 0.00 Sieve Moreno Clerk & Recorder INT�UCED READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this — ay of , 2002. y He &-d wn Cl oerkk 2 Michael P. Simone Mayor Iliilll iilii 1411i illl4i ili4i 1lilll iliil441 ii4i , 3362260 02/1012006 02:04P Weld County, Co 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk 8, Recorder EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Residential -A (PUD R-A): Stoneridge Annexation A parcel of land being part of the Northwest Quarter (NW1/4) of Section Thirteen (13) and part of the East Half (E1/2) of Section Fourteen (14), all in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: BEGINNING at the Northwest Corner of said Section 13 and assuming the North line of said NW 1/4 as bearing South 89°31'25" East, being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone, North American Datum 1983/92, a distance of 2699,37 feet with all other bearings contained herein relative thereto From said point the West Quarter Corner of said Section 13 bears South 00'30'11" East a distance of 2650.68 feet: THENCE South 00'30'11" East along the West line of said NW1/4 a distance of 30.00 feet to the intersection with the Southerly Right -Of -Way (ROW) line of Weld County Road #22 (WCR 422). Said point being the TRUE POINT OF BEGINNING. Said point also being on the Southerly line of Firestone Sixth Annexation (FSA) as recorded May 5, 1997 in Book 1604 as Reception Number 2546405 of the records of the Weld County Clerk and Recorder (WCCR); THENCE South 89°31'25" East along the Southerly ROW line of said WCR #22, also being the Southerly line of said FSA a distance of 2699.16 feet to the East line of said NW1/4; THENCE South 00°06'24" East along said East line a distance of 2183.38 feet to the Northeast Corner of that parcel of land as described in that Warranty Deed as recorded May 20, 1999 as Reception Number 2694995 of the records of the WCCR. From said point the Center Quarter Corner of said Section 13 bears South 00°06'24" East a distance of 420.00 feet; Thence along the Northerly and Westerly line of the aforesaid parcel of land by the following Two (2) courses and distances: THENCE North 89053'17" West along a line parallel with the South line of said NW 114 a distance of 420.00 feet; THENCE South 00006'24" East along a line parallel with the East line of said NWIA a distance of 420.00 fee: to the South line of said NWIA and being the Southwest Corner of the aforesaid parcel of land. From said point the Center Quarter Corner of said Section 13 bears South 89°53'17" East a distance of 420.00 feet; THENCE North 89053117" West along the South line of said NW114 a distance of 2230.92 feet to the Westerly ROW line of Weld County Road #11 (WCR #11). Said point also being on the Easterly of Weld County Road 11 and 22 Annexation as recorded February 10, 2000 as Reception Number 2749171 of the records of the WCCR; Thence along the Easterly and Northerly line of the aforesaid annexation by the following Three (3) courses and distances: 3 � IIIIII IIIII IIIII IIIIII IIIII IIIIII IIIII III fllll IIII IIII 3362260 02/10/2006 02:04P Weld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder THENCE North 00'28'13" West a distance of 0:31 feet; THENCE South 89°31'47" West a distance of 30.00 feet to the West Quarter Corner of said Section 13; THENCE South 89031'47" West a distance of 30.00 feet to the Westerly ROW line of said WCR #11; THENCE North 00°30'1 I" West along said Westerly ROW line a distance of 2620.95 feet to the Southerly ROW line of said WCR 922; THENCE South 89°56'30" East along said Southerly ROW line a distance of 30.00 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 159.050 Acres, more or less (f) and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 0 11111111111111111111111111111111111111111111111 IN IN 3362260 02/10/2006 02:04P Weld County, CO 5 of 6 R 31.00 Q 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Stoneridge Annexation Zoning and Outline Development Plan Conditions of Approval Annexation Map 1. Include the Owner's Approval Block. 2. . Include the Notary's Certificate. 3. Include the Town of Firestone Information BIock. 4. Modify document pursuant to the Town Engineer's redlines. Annexation Agreement 5. An annexation agreement shall be executed by the owner in a form acceptable to the Town. Outline Development Plan 6. The legal description of the ODP needs to be consistent with the Annexation Map. 7. Remove local streets (and lot lines, if any) from the ODP map; as it is premature in the development process to locate them at this time. 8. In the Project Concept section, provide information on density transition within the project and to other external properties. 9. In the Land Use Table and other pertinent sections, provide that 10% of the property will be dedicated to the Town as usable public park area as determined by the Town pursuant to the Firestone Municipal Code. 10. In the Land Use Table section, remove references to maximum and minimum lot sizes for single family residential. , 11. Include a Park Development section in the text. 12. Provide the existing zoning of properties that adjoin the ODP. 13. Include a Transportation, Park and Trails Sub -Area Plan. This sheet should extend for an area of a minimum of 2 miles beyond the external ODP boundary. Motorized Circulation, Non -motorized Circulation and Park Location Plans should be included. 14'. Provide more information regarding the noted "future high power overhead transmission line." 5 I IIIII �IIII IIIII II��II IIIII IIIII II'II I�1 IIIII III IIII � . ;�; `: : "+ �1 1` }•-6'ti._�lw �._f 3362260 02/10/2006 02:04P Weld County, CO 6 of 5 R 31.00 D 0.00 Steve Moreno Clerk & Recorder 15. Note that at the time of PDP, additional soil borings and groundwater samples will be taken to check the potential subsurface impact from the oil/gas production. 16. Modify'the documents pursuant to the Town Engineer's redlines. 17. Provide a current tax statement for the property. Title Report 18. The legal description of the Title Commitment needs to be consistent with the Annexation Map. General 19. Revise documents consistent with the. comments contained in the Town Attorney's August 2, 2002 memorandum. 20. Adjust street names to be consistent with the Town's.street naming scheme. 09/26/2002 6:13 PM [kkh_ 1\2kscmr\companylFirestanClAmnexl5tone6dge,aone.ord.doc no "ter �pL4LA r r\ o Town of Firestone P.O. Box 100 151 Grant Avenue Firestone, CO 80520 - .. ;i� L �. ,. �. ! � :�iV'. - !. i:�iti(; ii(: r: c� .'.j��:. ':�r's :n� r.•'s.� ��� �isl: - -; i ORDINANCE NO. 511 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE SADDLEBACK HILLS LAKE AND CONSERVANCY #3, LLC ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Saddleback Hills Lake and Conservancy 43, LLC 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 October 10, 2002 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing waspublished on September 4, 11, 18 and 25, 2002 in the T onngmanDaily Times -Call; 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: ,Minn L 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 Saddleback Hills Lake and Conservancy #3, LLC 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 1 A t b day of n r t ahe r , 2002. TOWN OF FIRES , COLORADO, Michael P. Simone, Mayor 4 1 y ATTEST: 2 EXHIBIT A - LEGAL DESCRIPTION: A description of the SADDLEBACK HILLS LAKE & CONSERVANCY #3, LLC ANNEXATION located in the NW1/4 of Section 28 and the NE1/4 of Section 29, all in T2N, R67W of the 6th P.M., Weld County, Colorado. For: BGZ Development, LLC. A part of the NWl/4 of Section 28 and all of the NE1/4 of Section.29, all in T2N, R67W of the 6th P.M., Cot:nty of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the N1/4 Corner of said Section 29, from which the Northwest Corner of said Section 29 bears N89030'23"W, 2628.73 feet (Basis of Bearing), thence S89°42'37"E, 2630.01 feet along the North Line of the NE 1 /4 of said Section 29 to the Northeast Corner of said Section 29; Thence N89°32'31"E, 30.00 feet along the North Line of the NWl/4. of said Section 28 to the Easterly Right-of-way Line of Weld County Road No. 17; Thence S00°05'42"W, 2634.11 feet along the Easterly Right-of-way Line -of said Weld County Road No. 17 to the South Line of the NW1/4 of said section 28; Thence S89136'15"W, 30.00 feet along the South Line of the NW1/4 of said Section 28 to the El/4 Corner of said Section 29; Thence N89°40'46"W, 2616.48 feet along the South Line of the NE1/4 of said Section 29 to the CIA Corner of said Section 29; Thence N00°11'58"W, 2632.75 feet along the West Line of the NE1/4 of said Section 29 to the NIA Corner of said Section 29 and the POINT OF BEGYMNINCT. C1IBJECT M any Rights -of -way for Weld County Road No. 17 and Road No. 18. Area = 160.3-98 acres, more or less. (Area = 154.980 acres, more or less, excluding the Right-of- way for Weld County Road No. 17 and Road No. 18). 10/08/2002 528 AM [kkh] F.\CompanyWirfttanelAnnoxMdlebeck(CamLnisch).ord.dce 3 Annexation Petition 1. Attach the revised legal description to the Petition. 2. The petition circulator should execute a new affidavit that is dated on or after the date of the landowner/petitioner's signature. 3. Revise paragraph 6 of the petition to show that the zone district desired by the applicant is PUD, with Residential -A land uses. 4. The petition is signed by Roxie Koldeway as Trustee of the landowner Camenisch Charitable Remainder Trust. 1 The applicant must provide a copy of the Statement of Authority for the Trust, which is referenced in Requirement A, Schedule A of the title commitment. Annexation Map 5. Remove the zoning, utility and easement information from the annexation map and add it to the ODP. 6. Revise the annexation map to reflect the change in the legal description that incorporates the annexation of the full width of Weld County Road 17. 7. An Owner's Approval block shall be shown on the map. 8. All references to "plat" should be removed, as this is an annexation map not a plat. 9. Remove the statement and calculation for "Contiguity exceeding 1/6 minimum requirement" from the Contiguity table. 10. Revise the Town Approval block to strike "plat of." Annexation Agreement 11. An annexation agreement prepared by the Town shall be executed by the applicant. 4 ORDINANCE NO. 512 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE SADDLEBACK HILLS LAKE AND CONSERVANCY #3, LLC ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof and known as the Saddleback Hills Lake and Conservancy 43, LLC -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 bylaw; 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 (PUD), Residential -A (PUD 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 Saddleback Hills Lake and Conservancy #3, LLC 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 Saddleback Hills Lake and Conservancy 93, LLC Annexation to the Town ofFirestone, 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 Saddleback Hills Lake and Conservancy 93, LLC 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 Saddleback Hills Lake and Conservancy #3, LLC Annexation 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 L, day of October _ , 2002. TOWN OF FIRESTO LORADO STO TOWN •, M Michael P. Simone SEAL Mayor dy He ood Town Clerk ` 2 EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Residential -A (PUD R-A): A description of the SADDLEBACK HILLS LAKE & CONSERVANCY #3, LLC ANNEXATION located in the NW 1 /4 of Section 28 and the NE 114 of Section 29, all in T2N, R67W ofthe 6th P.M., Weld County, Colorado. For: BGZ Development, LLC. LEGAL DESCRIPTION A part of the NW114 of Section 28 and all of the NE 1/4 of Section 29, all in T2N, R67W of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: BEGINNING at the N114 Corner of said Section 29, from which the Northwest Corner of said Section 29 bears N8 99 0'23 "'A, 2628.73 feet (Basis of Bearing), thence S89°423.7"E, 2630.01 feet along the North Line of the NE114 of said Section 29 to the Northeast Corner of said Section 29; Thence N89°32'31"E, 30.00 feet along the North Line of the NW114 of said Section 28 to the Easterly Right-of-way Line of Weld County Road No. 17; Thence S00°05'42"W, 2634.11 feet along the Easterly Right-of-way Line of said Weld County Road No. 17 to the South Line of the NWl/4 of said section 28; Thence S89°36'15"W, 30.00 feet along the South Line of the NW114 of said Section 28 to the E114 Corner of said Section 29; Thence N89°40'46"W, 2616.48 feet along the South Line of the NE 1 /4 of said Section 29 to the CIA Corner of said Section 29; Thence N00°11'58"W, 2632.75 feet along the West Line of the NE1A of said Section 29 to the NIA Corner of said Section 29 and the POINT OF BEGINNING. SUBJECT TO any Rights -of -way for Weld County Road No. 17 and Road No. 18. Area = 160.398 acres, more or less. (Area = 154.980 acres, more or less, excluding the Right-of- way for Weld County Road No. 17 and, Road No. 18). 3 EXHIBIT B Saddleback Hills Lake and Conservancy #3, LLC Annexation Zoning and Outline Development Plan Conditions of Approval Outline Development Plan 1. 'Revise the Vicinity Map to correct references to "Firestone Lake", "Coal Ridge G.C.", and add Firestone street names. 2. Assure that all legal descriptions associated with the ODP and other documents all relate to the revised. 1-.gal description. In the ODP, remove the reduced acreage calculations in the legal description, as the ODP needs to be consistent with the entire annexation area. 3. In the third paragraph of Project Conceit section, revise ..."thereby providing a maximum of 480 residential dwelling units"... with :.."thereby potentially providing a maximum of 475 residential dwelling units". 4. In the third paragraph of Project Concept section, delete ... "Overall, a minimum of 10% of the site will remain as open space as specified by the Town of Firestone", as this statement does not properly restate the Town Code on that issue. 5. In the fourth paragraph of the Project Concept section, note that the proposed commercial storage area shall be screened from all directions as necessary to assure compatibility with the current and potential land uses in thearea. b. In the fifth paragraph of the Project Concept section, note that the items mentioned relative to the Saddleback Hills Lake and Conservancy are proposed. 7. In the Environmental Information section, note that soils report information suggested the possibility of undermining on the western portion of the site and that this issue will be further investigated at the time of Preliminary Development Plan and Preliminary Plat. 8. In the Utilities section, provide a more general description of the planned sanitary sewer system that would be more appropriate at this ODP level, excluding specific line sizes, etc. 9. In the Service Requirements -section, note that inclusion into necessary water and other required special districts must occur prior to development. 10. In the Service Requirements section, note that there is a potential that a school site may be required for this property. 11. In the Circulation Systems section, remove the reference to the non -typical "70" right-of-way. 4 . 12. In the Density section, add after the word "acre" in the second sentence:...", provided such density is consistent with the Conditions and Standards of Approvals as specified in the Firestone Development Regulations and Town Code. Further, no vested rights are associated with this property." 13. Remove Maximum Lot Size, Minimum Lot Frontage, Dwelling Units Per Acre, Number of Dwelling Units, Total Acreage of Land Dedication, Total Acreage of Open Space Dedication from the Development Fact Sheet, as such items relate more specifically to a Preliminary/Final Development Plan and Plat. 14. Add the following to the Density section. As all homes in this development shall have a minimum of a two car garage, the minimum residential lot size shall be 6,050 square feet. A significant number of residential lot sizes are contemplated to have 55-foot frontages, provided such smaller lots meet the PUD conditions and standards of approval established in the Firestone Development Regulations, as may from time to time be amended. In order to provide an aesthetically pleasing view of the development from the major roadways that run along the north and east boundaries of the property, there shall be larger lot sizes along Grant Avenue and Ingalls Street, similar in concept to the approach used in the St. I Wain Ranch subdivision. Such larger lots will provide the opportunity to shelter the denser portions of the subdivision from these major view corridors. Larger lots shall also be located along the area adjoining the commercial/storage property and transition to smaller lots as distance increases away from the impacts of the neighboring dairy. Lot sizes along the western portion of the project are intended to be compatible in size with the planned subdivision to the west. Lots on the southern portion of the property will be sited and enhanced in such a way as to provide a reasonably aesthetic view from undeveloped property to the south. Such siting and enhancements will work together to avoid a harsh "straight tine" look along the south end of the development. 15. Modify the Land Use and Zoning section to add the following: The commercial area shown is intended to have all the land uses permitted within the Neighborhood Center (NC) land uses category as may from time to time be amended, provided such uses are found to be specifically compatible with the active dairy located across the street. In addition to.such commercial land uses, this area shall be permitted to have recreation vehicle storage land uses. This use will be limited to one homogenous location within this commercial area. Such storage uses shall be screened from all directions, with specific fencing details approved by the Town. The storage of commercial tractor trailers, inoperable vehicles, non -recreational vehicles or other equipment shall not be permitted in this area. 16: In the Building Height section, remove the word residential to clarify that all land uses shall comply with this building height. 17. In the Grading Concept section, note that such plans are subject to technical review at the time of Preliminary and Final Plat and Development Plan processing. E 18. At the end of the Park Development section, add: "as determined by the Town. Park and open space locations are conceptually noted on the ODP map sheet and subject to modification at the time of Preliminary and Final Plat and Development Plan processing. Public land dedication will be pursuant to the Town Code." r Subject to approval by the Town, it is anticipated that the significant portion of land that will be dedicated to the Town for public park purposes will generally be located in the. northwestern quadrant of the property, south of and connected to the noted detention/retention pond. The location is intended to be more central to dwelling units in this development than the planned development to the west. 19. In the Land Use Table section, remove Community Collector Roads as such acreage is not available at this time. 20. In the Land Use Table section, remove Note 1, as it is confusing and not relevant. 21. On the ODP Map sheet, modify the park and open space areas to be consistent with the Town's policy of not have oil/gas wells as the central feature of park areas and to not have small (less than 3 acre) areas identified as potential public parks. 22. On the ODP Map sheet, remove the reference to the non -typical "70" right-of-way. General 23. Provide an updated title commitment demonstrating ownership as set forth in the petition and other documents. 24. Modify documents pursuant to the Town Engineer's redlines. 25. If any significant referral comments are received, the Planning Commission recommends that the Town Board refer this application back to the Planning Commission for further review. 26. The applicant shall cooperate and coordinate, to the extent possible, with adjoining property owners on issues such as buffering and utility and other infrastructure construction as preliminary and final plans for the property are developed. 27: At the time of preliminary development plan, the applicant shall provide details on its proposed prairie dog and dust mitigation plans. 10/1012002 6:09 PM [kkh] F:1Compaay\FirestoneUlnnexc SaddieWwlk CameniKh)-zone.oni doc L„ ORDINANCE NO, 513 AN ORDINANCE AMENDING SECTION 13.20.180 OF THE FIRESTONE MUNICIPAL CODE TO EXTEND. TO AND INCLUDING APRIL 1, 2003, THE GAS FRANCHISE GRANTED BY THE TOWN OF FIRESTONE, COLORADO TO ROCKY MOUNTAIN NATURAL GAS COMPANY, INC. AND ITS SUCCESSORS WHEREAS, the Town by Ordinance No. 202, Series 1984, granted a gas franchise to Rocky Mountain Natural Gas Company, Inc. and its successors, which franchise Ordinance is codified in Chapter 13.20 of the Firestone Municipal Code (hereinafter the "franchise"); and WHEREAS, the rights, benefits and obligations of such franchise have succeeded to and are being exercised by Kinder Morgan, Inc., the Town's gas supplier; and WHEREAS, the franchise has expired, and the Board of Trustees believes that the franchise should be extended to and including April 1, 2003; and WHEREAS, the Board of Trustees finds that such an extension will allow adequate time for preparation, review and consideration of a new gas franchise. NOW,. THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 13.20.180 of the Firestone Municipal Code, which codifies section 18 of Ordinance No, 202, Series 1984, is hereby amended to read as follows (words added are underlined; words deleted are veto): 13.20,180 Effective Date. This chapter shall be in full force and effect from and after its passage, voter approval and publication, as by law required, upon acceptance thereof in writing by the company, within thirty days after final passage, and the terms, conditions and covenants hereof shall remain in full force and effect €e" period :,f fifteen years m anafter-passage to and including Aril 1 2003, Section 2. Nothing herein shall be construed to prohibit amendment of the franchise at any time during the extended term hereof in the matter provided by law, or to prohibit any other arrangements that may be agreed upon or enacted during the extended term hereof to address matters related to the franchise. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this _& day of Qctober , 2002. TOWN OF FIRES , COLORADO Michael P. Simone Mayor -,WZM==;W,- Gct� %H:e od Town Clerk 10/7/02 2:32 PM[sjl]F:IOffiae%FvestmelOTMGasFntnExt ORDINANCE N0, 5 1 4/ AN ORDINANCE REPEALING AND REENACTING CHAPTER 3.20 OF THE FIRESTONE MUNICIPAL CODE TO ESTABLISH NEW RESIDENTIAL DEVELOPMENT IMPACT FEES AND TO ENACT RELATED PROVISIONS CONCERNING THE COLLECTION AND EXPENDITU-E OF IMPACT FEES. WHEREAS, by Ordinance No. 347 and Resolution 96-23, the Town in 1996 established a residential capital improvement fee and fund to assist in meeting growth related capital facility needs of the Town; and WHEREAS, Town staff has undertaken a periodic review of the Town's capital needs and fee programs, and has analyzed and assessed growth and development projections and impacts for the Town, in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charges to proposed development through impact fees; and WHEREAS, pursuant to state law, including but not limited to C.R.S. §29-20-101 et seq., and as a condition of issuance of a development permit, the Town has the authority to impose an impact fee or other similar development charge to fund expenditures by the Town on capital facilities needed to serve new development; and WHEREAS, the Board of Trustees by this Ordinance desires to repeal and reenact Chapter 3.20 of the Firestone Municipal Code to establish new residential "development impact fees and to enact related provisions concerning the collection and expenditure of impact fees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Legislative Findings: The Board of Trustees of the Town of Firestone finds that: l . The Town is authorized by state law, including but not limited to C.R.S. §29-20-101 et seq., to impose an impact fee or other similar development charge as a condition of the issuance of development permit, in order to fund expenditures by the Town on capital facilities needed to serve new development. 2. The Town is experiencing new development and related population growth, and such development has placed and is projected to place an increased demand upon the Town's regional transportation network, regional storm drainage system, regional parks and police capital facilities, and has resulted in a capital need for utility transmission line undergrounding. I 3. The protection of the health, safety, and general welfare of the citizens of the Town requires that these capital facilities be constructed, expanded or improved to accommodate and serve continuing development and growth within the Town. 4. The taxes and other revenues generated from new development do not generate sufficient funds to provide the necessary capital facilities to accommodate and serve new development. 5. The adoption of an equitable impact fee system consistent with the requirements of state law is one of the preferred methods of the Town for regulating land development to ensure new development pays a proportionate and fair share of the costs of the needed capital facilities, allowing the Town to make the necessary capital facility expenditures to serve new development. 6. Town staff has undertaken a periodic review of the Town's capital facility needs and fee prograrns, and has analyzed and assessed growth and development projections and impacts for the Town, in order to determine the capital facilities needed to serve new development and the proportional costs of such facilities that may be charges to proposed development through impact fees. An update of the Town existing impact fee, as adopted in 1996, is needed in order to maintain an equitable impact fee system, and to update and address the capital facility needs related to new development. 7. , Town Staff has prepared a 2003 Impact Fee Analysis and Memorandum of Impact Fee Update, both dated December 10, 2002, and has prepared additional materials regarding the impact fees established under this Ordinance. (Such documents and materials are collectively referred to as the "Impact Fee Analysis'). Based on reasonable methodologies, analyses and assumptions for determining the impacts of new development on the Town's capital facilities, the Impact Fee Analysis quantifies the reasonable impacts of new development on the Town capital facilities addressed therein, and establishes an impact fee no greater than is necessary to defray the projected impacts on these capital facilities directly related to proposed new development. 8. The Town Board hereby confirms and establishes as Town standards the assumptions and service standards referenced and discussed in the Impact Fee Analysis as part of the Town's current plans for future construction, improvement and expansion of the Town's capital facilities that are addressed by the impact fee system adopted in this Ordinance. 9. The impact fees charged to new development pursuant to this Ordinance are legislatively adopted, generally applicable to all residential development of new dwelling units, and intended to defray the projected impacts on capital facilities caused by proposed development. The impact fees ars no greater than necessary to defray the projected impacts directly related to proposed new development. 10. This Ordinance creates a system under which impact fees shall not be used to remedy . any deficiency in capital facilities existing on the effective date of this Ordinance. The impact fees paid by new development will be used to finance or defray all or a portion of the costs incurred by 2 the Town to construct, improve or expand capital facilities to serve new development in ways that benefit the development that paid each fee within a reasonable period of time after the fee is paid. 11. This Ordinance includes provisions to ensure that no individual landowner is required to provide any site -specific dedication or improvement to meet the same need for capital facilities for which the impact fees are imposed. 12. The residential development impact fees collected pursuant to this Ordinance will be used solely for the capital facility needs for which the fees are charged. Section 2. Chapter 3.20 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Chapter 3.20 DEVELOPMENT IMPACT FEES AND FUNDS Sec. 3.20.010 Short title, authority and applicability. Sec. 3.20.020 Intent. Sec.3.20.030 Definitions. Sec. 3.20.040 Development impact fee imposed. See, 3,20,050 Credits, Sec. 3.20.060 Refund of impact fees paid. Sec. 3.20.070 Impact fee trust fund.. Sec. 3.20.080 Expenditure of impact fees. Sec. 3.20.090 Benefit areas and expenditures. Sec. 3.20.100 Review every three (3) years. Sec. 3.20.110 Miscellaneous provisions. Sec. 3.20.010 Short Title, Authority and Applicability. A. Title. This Chapter shall be known and may be cited as the "Firestone, Colorado Impact Fee Ordinance" or "Impact Fee Ordinance." B. Authority. The Town has the authority to adopt this Chapter pursuant to the Town's general police powers, Colorado Revised Statutes §§ 29-20-101 et seq., 31-23-101 et seq., and 29-1-801 et seq., and other relevant laws of the State of Colorado. C. Application. This Chapter shall apply to the development of any new residential dwelling unit within the territorial limits of the Town, except as exempted pursuant to the provisions hereof. This Chapter shall not apply to any development for which the 3 applicant has submitted a complete application prior to the January 17, 2003 effective date of the Ordinance enacting this Chapter. See. 3.20.020 Intent. A. Compliance with Laws. The intent of this Chapter is to comply with the provisions of applicable laws concerning the imposition of impact fees, including but not limited to C.R.S. §29-20- 104.5, and the provisions of this Chapter shall be construed_ and enforced in accordance with such laws. B. Development Bears Proportionate Share of Costs of Capital Facilities. The intent of this Chapter is to ensure that new development bears a proportionate share of the cost of. Capital Facilities, as defined herein. It is the further intent of this Chapter that new development pay for its fair share of the costs of such Capital Facilities through the Impact Fees imposed in this Chapter. C. Fee No More than Proportionate Cost. It is the intent of this Chapter that the Impact Fees imposed on new development are no greater than necessary to defray the impacts directly related to proposed new development, such impact being the costs of Capital Facilities to accommodate new development. D. No Intent to Remedy Existing Deficiencies. It is not the intent of this Chapter that Impact Fees be used to remedy any deficiency in Town Capital Facilities existing on the effective date of the Ordinance enacting this Chapter. E. No Intent to Commingle Funds. It is not the intent of this Chapter that any monies collected from any Impact Fee deposited in an Impact Fee Trust Account ever be commingled with monies from a different Trust .Account, or ever be used for Capital Facilities that are different from those for which the Fee was paid, or ever be used to maintain, rehabilitate or operate existing Capital Facilities. 3.20.030 Definitions. For the purposes of this Chapter, unless the context clearly requires a different meaning, the following terms shall have the following meanings: A. Building Permit. A Building Permit issued by the Chief Building Official permitting the construction of a building or structure within the Town. B. Capital Facilities. 4 Any improvement or facility that: 1. Is directly related to any service that the Town is authorized to provide; 2. Has an estimated useful life of five years or longer; and 3. Is required by general policy of the Town pursuant to a resolution or ordinance. The phrase Capital Facilities, as used in this Chapter, is limited to the following categories, all of which are as further defined herein and in the Impact Fee Analysis: regional- transpertation network capital facilities, regional stortfr drainage capital facilities, regional parks, police capital facilities, and utility transmission line undergrounding. No costs of vehicles or equipment are included within such Capital Facilities. C. Commencement of Impact -Generating Development. Commencement of Impact -Generating Development occurs upon the approval of a preliminary Planned Unit Development (PUD) development plan, a final PUD development plan, a rezoning, a special review use permit, a preliminary subdivision plat, a final subdivision plat, a minor subdivision plat, or the issuance of a building permit, whichever occurs first after the effective date of the Ordinance enacting this Chapter. D. Complete Application. An application that (1) has been submitted to and received by the Town Planning Department; (2) contains all information and submittal materials required by the Town Code and the Development Regulations; and (3) has been determined in writing by Town Staff to be complete under the applicable provisions of the Town Code and Development Regulations. E. Development. Any construction of a new residential dwelling unit, any improvement or expansion of an existing structure which creates a new residential dwelling unit, or any change in the use of land which creates a new residential dwelling unit. F. Development Permit. Any preliminary or final approval of an application for a rezoning, planned unit development, conditional or special use permit, subdivision, development or site plan, or similar application for new construction. G. Fee Payer. A person commencing impact -Generating Development who is obligated to pay an Impact Fee in accordance with the terms of this Chapter. H. Fee Schedule or Impact Fee Schedule. 9 The Impact Fees estabiished by this Chapter. The Impact Fee Schedule is set forth as Exhibit A to this Chapter and incorporated herein by reference. I. Impact Fees. The fees established by this Chapter for the following Capital Facilities: regional transportation network (the Roadway Impact Fee), regional storm drainage (the Drainage Impact Fee), regional parks (the Regional Parks Impact Fee), police capital facilities (New Police Station Impact Fee), and utility transmission line undergrounding (Undergrounding Impact Fee). J. Impact Fee Analysis. The 2003 Impact Fee Analysis and Memorandum of Impact Fee Update, both prepared by Town Staff and dated December 10, 2002, and all other additional materials prepared in connection with such analysis, memorandum and this Chapter. K. Independent Fee Calculation Study. A study prepared by a Fee Payer, calculating the cost of a Capital Facility for which an impact Fee is imposed and which is required to serve the Fee Payer's proposed development, that is performed on an average cost (not marginal cost) methodology, uses the service units and unit construction costs stated in the Impact Fee Analysis, and is performed in compliance with the criteria established in this Chapter. L. Impact Fee Trust Fund. The trust fund established by Section 3.20.070, which includes individual accounts for the Roadway Impact Fees, the .Drainage Impact Fees, the Regional Parks Impact Fees, the New Police Station Impact Fees, and the Undergrounding Impact Fees. The Impact Fee Trust Fund is also called the Trust Fund. M. Level of Service (LOS). A measure of the relationship between service capacity and service demand for Capital Facilities. N. Regional Transportation Network ("RTN") and RTN Capital Facilities. The RTN consists of all existing or planned section line roads and the planned Del Camino Parkway, and is depicted on Exhibit 8, attached hereto and incorporated herein. RTN Capital Facilities are defined as all engineering work, design studies, land surveys, alignment studies, permitting work, land costs and construction related to all necessary features for any road on the RTN, undertaken to accommodate additional traffic resulting from new Impact -Generating Development in the Town. Such features that are part of the RTN Capital Facilities include, but are not limited to: (a) new through lanes; (b) new bridges; (c) new drainage facilities in conjunction with new road construction; (d) traffic signals, including new and upgraded signalization; (e) curbs, gutters, sidewalks, medians and shoulders in conjunction with new road construction; (f) relocation of utilities. to accommodate new road construction; (g) the construction and reconstruction of intersections; (h) the I:' widening of existing roads; (i) bus turnouts; 0) acceleration and deceleration lanes; (k) interchanges; and (1) traffic control devices. For the purposes of this Chapter, Site -Related Improvements shall not constitute RTN Capital Facilities. O. Site -Related Improvements. Except for arterial roads and interchanges on the RTN, those transportation improvements that provide direct access to a Development. Direct access improvements include but are not limited to the following: (a) driveways and streets leading to and from the Development; (b) right and left turn lanes leading to those driveways and streets; (c) traffic control measures for those driveways; and (d) internal streets. Credit is not provided for Site -Related Improvements under the terms of this Chapter. P. Successor -in -Interest. A person who is conveyed a fee simple interest in land for which an Impact Fee is paid or a credit is approved pursuant to the terms of this Chapter. Sec. 3.20.040 Development Impact Fees Imposed. A. Fee Obligation, Payment and Deposit. 1. Obligation to Pay and Time of Payment. After the effective date of the Ordinance enacting this Chapter, any person who causes the Commencement of Impact -Generating Development, shall be obligated to pay Impact Fees pursuant to the terms of this Chapter. The obligation to pay Impact Fees shall run with the land. The amount of the Impact Fees shall be determined in accordance with Section 3.20.040.0 and paid to the Town at the time and as a condition of issuance of a Building Permit for the new residential dwelling unit constituting Development. If any credits are due pursuant to this Chapter, they shall be determined at that time. 2. Fees Promptly Deposited into Accounts in Trust Fund. All monies paid by a Fee Payer pursuant to this Chapter shall be identified as Impact Fees and shall be promptly deposited in the appropriate Impact Fee Trust Accounts established in Section 3.20.070. 3. Extension of Previously Issued Development Permit. If the Fee Payer is applying for an extension of a Development Permit issued previously, the Impact Fees required to be paid shall be the net increase between the Impact Fees applicable at the time of the current permit extension application and any Impact Fees previously paid pursuant to this Chapter. 7 4. Permit for Change in Use, Expansion, Redevelopment, Modification. If the Fee Payer is applying for a Building Permit to allow for a change of use or for the expansion, redevelopment, or modification of an existing Development, the Impact Fees required to be paid shall be based on the net increase in the impact Fees for the new use as compared to the previous use. S. Prior Conditions and/or Agreements. Any person who prior to the effective date of the Ordinance enacting this Chapter agreed as a condition of permit approval to pay any Impact Fee provided for in this Chapter shall be responsible for the payment of the Fees under the terms of any such agreement, and the payment of the Fees will be offset against any Impact Fees due pursuant to the terms of this Chapter. B. Exemptions. The following types of development shall be exempted from payment of the Impact Fees. Any claim for exemption shall be made no later than the time when the applicant applies for the first Building Permit. Any claim for exemption not made at or before that time shall be waived. The Town Administrator or designee shall determine the validity of any claim for exemption pursuant to the standards set forth below. I. Replacing Existing Residential Unit with New Unit. Reconstruction, expansion, alteration or replacement of a previously existing residential unit that does not create any additional residential dwelling units. 2. Building After Fire or Catastrophe. Rebuilding the same number of dwelling units that were destroyed by fire or other catastrophe. 3. Accessory Structures. Construction of unoccupied accessory structures related to a residential dwelling unit. 4. Previous Payment of Same Amount of Impact Fees. Impact -Generating Development for which an Impact Fee was previously paid in an amount that equals or exceeds the Impact Fee that would be required by this Chapter. S. Government. Development by the federal government, the State, or the Town. 6. Development for Which Complete Application Submitted Prior to Effective Date. Development for which a complete application for a Building Permit was submitted prior to the effective date of the Ordinance enacting this Chapter. The Decision of the Town with respect to completeness is final.. 8 7. Development Without Greater Impact. Development for which the Fee Payer can demonstrate will create no greater impact over and above that existing prior to the proposed Development. C. Calculation of Amount of Impact Fees. 1. General. Except for those electing to pay Impact Fees pursuant to subsection 3.20.041C.3, the Impact Fees applicable to and payable for the Impact - Generating Development shall'be as determined by the Fee Schedule set forth as Exhibit A at the end of this Chapter. The Impact Fee Schedule set forth in Exhibit A is based on the Impact Fee Analysis. It applies to all residential land use Development for new residential dwelling units, and is intended to defray the projected impacts caused by proposed new Development on Capital Facilities. 2. Annual Adjustment of Fees to Reflect Effects of Inflation. The Impact Fees shown in the Impact Fee Schedule shall be adjusted annually to reflect the effects of inflation on those costs for Capital Facilities. Commencing on January 1, 2004 and on January 1 of each following year unless and until the.Fees in Exhibit A are revised or replaced, each Impact Fee amount set forth in Exhibit A shall. be adjusted for inflation, based on the annual Construction Cost Index published by Engineering News Record. Such adjustments in the Impact Fees shall become effective immediately upon calculation by the Town, and shall not require additional action by the Town Board to be effective. 3. Independent Fee Calculation Study. In lieu of calculating the amount(s) of Impact Fees by reference to the Impact Fee Schedule, a Fee Payer may request that the amount of the required Impact Fee be determined by reference to an Independent Fee Calculation Study. (a) Preparation of Independent Fee Calculation Study. If a Fee Payer requests the use of an Independent Fee Calculation Study, the Fee Payer shall be responsible for retaining a qualified professional (as determined by the Town Administrator or designee) to prepare the Independent Fee Calculation Study that complies with the requirements of this Chapter, at the Fee Payer's expense. (b) General Parameters for Independent Fee Calculation Study. Each Independent .Fee Calculation Study shall be based on the same LOS standards and unit costs for the Capital Facilities that are used in the Impact. Fee Analysis, and shall document the relevant methodologies and assumptions used. (c) Procedure. E (1) An Independent Fee Calculation Study shall be undertaken through the submission of an application to the Town Administrator, along with an application fee to defray the costs associated with the review of the Independent Fee Calculation Study. (2) Within fifteen (15) days of receipt of an application for Independent Fee Calculation Study, the Town Administrator or designee shall determine if the application is complete. if it is determined the application is not complete, a written statement specifying the deficiencies shall be sent by mail to the person submitting the application. The Town Administrator or designee shall take no further action on the application until it is complete. (3) When it is determined the application is complete, the application shall be reviewed by the Town Administrator or. designee and a written decision rendered within 30 days on whether the Impact Fees should be modified, and if so, what the amount should be, based on the standards in subsection 3.20.040.C.3(d). (d) Standards. If, on the basis of generally recognized principles of impact analysis, it is determined by the Town that the data, demand information, methodologies and assumptions used by the applicant to calculate the Impact Fees in the Independent Fee Calculation Study more accurately measures the proposed Impact -Generating Development's impact on the appropriate Capital Facilities, the Fees determined in the Independent Fee Calculation study shall be deemed by the Town to be the Fees due and owing for the proposed Development. The Fee adjustment shall be set forth in a Fee Agreement executed prior to payment of the adjusted Fees and the issuance of the first Building Permit. If the Independent Fee Calculation Study fails to satisfy these requirements, the Fees applied shall be the Fees established in Exhibit A: Impact Fee Schedule. See.3,20.050 Credits. A. Standards. 1. General. (a) Intent. No individual landowner is required to provide any site -specific dedication or improvement to meet the same need for capital facilities for which Impact Fees are imposed pursuant to this Chapter. The intent of this Section is to 10 allow for credits whether such a site -specific dedication or improvements is required or agreed upon in connection with Impact -Generating Development. (b) Application. Any person causing the Commencement of Impact -Generating Development may apply for credit against Impact Fees otherwise due, up to but not exceeding the full obligation of Impact Fees proposed to be paid pursuant to the provisions of this Chapter, for any contribution, construction, or dedication of land (where appropriate) accepted by the Town for Capital Facilities. Credits against Roadway Impact Fees shall be provided only for Capital Facilities on the RTN. (c) Eligibility. No credit shall be awarded for land dedications not accepted by the Town, facilities not included in the Impact Fee Analys,'s, or any undertaking not approved in advance pursuant to this Section. No credits shall be awarded for any property required to be dedicated in conjunction with a Development, whether pursuant to the Town Code, Development Regulations or Public Works Manual, or pursuant to an annexation or other agreement affecting the Development. All credits must be processed in accordance with this Section. 2. Valuation of Credits. (a) Land Dedication. Credit for land dedication, at the Fee Payer's option, shall be valued at the fair market value of the land established by a professional appraiser acceptable to the Town in an appraisal paid for by the Fee Payer. (b) Construction. Credit for construction of Capital Facilities shall be valued by the Town based on complete engineering drawings, specifications, and construction costs estimates submitted by the Fee Payer to the Town. The Town shall determine the amount of credit due based on the information submitted, or, if it determines the information is inaccurate or unreliable, then on alternative engineering or construction costs acceptable to the Town Engineer or a designee. (c) Contributions. Contributions for Capital Facilities shall be based on the value of the contribution or payment at the time it is made to the Town. 3. When Credits Become Effective. (a) Land Dedication. Credits for land dedication shall become effective after the credit is approved pursuant to this Section, a Credit Agreement is entered into, and the land has been conveyed to the Town in a form established by 11 the Town Board at no cost to the Town and the dedication of land has been accepted by the Town Board. (b) Construction. Credits for construction of Capital Facilities shall become effective after the credit is' approved pursuant to this Section, a Credit Agreement is entered into and (a) all required construction has been completed and has been accepted by the Town; (b) a suitable maintenance and warranty bond has been received and approved by the Town; and (c) all design, construction, inspection, testing, bonding; and acceptance procedures have been completed in compliance with all applicable Town and State requirements. Approved credits for the construction of Capital Facilities may become effective at an earlier date if the fee Payer posts security in the form of an irrevocable letter of credit or cash escrow agreement and the amount and terms of such security are accepted by the Town Board. At a minimum, such security must be in the amount of the approved credit or an amount determined to be adequate to allow the Town to construct the Capital Facilities for which the credit was given, whichever is higher. (c) Contribution. Credits for contributions for Capital Facilities shall become effective after the credit is approved pursuant to this Section, a Credit Agreement is entered into and the contribution is actually made to the Town in aform acceptable to the Town and has been accepted by the Town Board. 4. Transferability of Credits. Credits shall be transferable within the same development and for the same Capital Facility for which the credit is provided, but shall not be transferable outside the development or used as credit against .Impact Fees for other Capital Facilities. Credit may be transferred pursuant to these terms and conditions by any written instrument that clearly identifies which credits approved under this Section are to be transferred. The instrument shall be signed by both the transferor and transferee, and the document shall be delivered to the Town Administrator or designee for registration of the change in ownership. If there are outstanding obligations under a Credit Agreement, the Town may require that the transferor or transferee, or both (as appropriate) enter into an amendment to the Credit Agreement to assure the performance of such obligations, and may require additional assurances that the transferee has the financial capability and other qualifications necessary to perform such obligations. 5. Total Amount of Credit. The total amount of the credit shall not exceed the amount of the Impact Fees due for the individual facility component. 12 6. Capital Facility Reimbursement Agreement. The Town may but shall not be required to enter into a Capital Facility Reimbursement Agreement with any person who proposes to construct Capital Facilities to the extent the fair market value of the construction of these Capital Facilities exceed the obligation to pay Impact Fees for which a credit is provided pursuant to this Section. The Capital Facility Reimbursement Agreement shall provide proportionate and fair share reimbursement linked to the Impact -Generating Development's use of the Capital Facilities constructed. B. Procedure. 1. Submission of application. In order to obtain a credit against Impact Fees otherwise due, the Fee Payer shall submit an offer for contribution, construction or dedication of land. The offer shall be submitted to the Town Administrator or designee, and must specifically request a credit against Impact Fees. 2. Offer Contents. The offer for credit shall include the following: (a) Dedication of Land. If the proposed offer involves credit for the dedication of land for Capital Facilities: (1) A drawing and legal description of the land; the Town may required an ALTA survey prepared at the Fee Payer's expense be submitted if a credit is approved; (2) The value of the land at the date a Building Permit is proposed to be issued for the Impact -Generating Development, prepared by a professional appraiser, and if applicable, a certified copy of the Development Permit in which the land was agreed to be dedicated. (b) Construction. If the proposed credit involves construction of Capital Facilities: (1) The proposed plan of the specific construction certified by a duly qualified and licensed Colorado engineer or contractor; (2) The projected costs for the suggested improvement, which shall be based on local information for similar improvements, along with the construction timetable for the completion thereof. Such estimated costs shall include the costs of construction or reconstruction, the costs of all labor and materials, the costs of all lands, property, rights, easements and franchises acquired, financing charges, interest prior to and during construction and for one (1) year after completion of construction, costs of plans and specifications, surveys of 13 estimates of costs and of revenues, costs of professional services, and all other expenses necessary or incident to determining the feasibility or practicability of such construction or reconstruction; (3) A statement under oath of the facts that qualify the Fee Payer to receive a credit. (c) Contribution. If the proposed offer involves a credit for any contribution for Capital Facilities, the following documentation shall be provided: (1) A certified copy of the Development Permit in which the contribution was agreed; (2) If payment has been made, proof of payment; or (3) If payment has not been made, the proposed method of payment. 3. Determination of Completeness. Within fifteen (15) days of receipt of the proposed application, the Town Administrator or designee shall determine if the application is complete. if it is determined that the proposed application is not complete, the Town Planning Director or designee shall send a written statement to the applicant outlining the deficiencies. No further action shall be taken on the application until all deficiencies have been corrected or otherwise settled. 4. Decision. Once the Town Administrator or designee determines the offer for credit is complete, it shall be reviewed within thirty (30) days and may be approved by the Town Board if there is compliance with the standards in this Section. C. Credit Agreement. If the offer for credit is approved, a Credit Agreement shall be prepared and signed by the applicant and the Town. The Credit Agreement shall specifically outline the land dedication for Capital Facilities, construction of Capital Facilities, or contribution for Capital Facilities, the time by which it shall be dedicated, completed, or paid, and any extensions thereof, and the value (in dollars) of the credit against the Impact Fees tie Fee Payer shall receive for the dedication, construction, or contribution. D. Accounting of Credits. Each time a request to use approved credits is presented to the Town, the Town Administrator or designee shall reduce the amount of the Impact Fees, and shall note in the Town's records and the Credit Agreement the amount of credit remaining, if any. Upon request of the Fee Payer or the Fee Payer's transferee, the Town Administrator or designee shall issue a letter stating the amount of credit remaining. 14 A request to use approved credits may be rejected in the event there is uncertainty or dispute as to the, ownership of a credit being claimed. Sec. 3.20.060 Refund of Impact Fees Paid. A. Impact Fees Not Spent or Encumbered in Ten (10) Years Refunded. Any Impact Fees collected shall be returned to the Fee Payer or the Fee Payer's Successor-in-lnFerest if the Impact Fees have not been spent or encumbered within ten (10) years from the date the Building Permit for the development was issued, along with actual interest earned on the Fees. Fees shall be deemed to be spent on the basis that the first Fee collected shall be the first Fee spent. B. Procedure for Refund. The refund shall be administered by the Town Administrator or designee, and shall be according to the following process: 1:. Submission of Refund Application. A Refund Application shall be submitted within one (1) year following the end of the tenth year from the date on which the Building Permit was issued. The Refund Application shall include the following information: (a) A copy of the dated receipt issued for payment of the fee; (b) A copy of the Building Permit; and (c) Evidence that the applicant is the Successor -in -interest to the Fee Payer (if relevant). Such evidence shall consist of an sworn statement that the applicant is the current owner of the property for which the fee is paid, and a certified copy of the current deed the property. 2. Determination of Completeness. Within fifteen (15) days of receipt of the Refund Application, the Town Administrator or designee shall determine if it is complete. If it is determined the application is not complete, a written statement specifying the deficiencies shall be forwarded by mail to the person submitting the application. The Town Administrator or designee shall take no further action on the Refund Application until it is deemed complete. 3. Decision on Refund Application. When it is determined the Refund Application is complete, it shall be reviewed within thirty (30) days and shall be approved if it is determined a Fee has been paid which has not been spent within the period of time permitted under this Section. The refund shall include the Fee paid plus interest earned on the Fee. At the time of payment, the applicant shall sign a sworn statement acknowledging the facts stated in the application remain true and correct as of the date of payment. t5 C. Limitations. 1. Expiration of Building Permit without Possibility of Extension. If a Fee Payer has paid an Impact Fee required by this Chapter and obtained a Building Permit, and the Building Permit for which the Fee was paid later expires without the possibility of further extension, then the Fee Payer or the Fee Payer's Successor -in -Interest shall be entitled to a refund of the Fee paid, without interest. In order to be eligible to receive a refund of Impact Fees pursuant to this subsection, the Fee Payer or the Fee Payer's Successor -in - Interest shall be required to submit an application for such refund to the Town Administrator or designee within thirty (30) days after the expiration of the Building Permit for which the Fee was paid or such. Any claim for refund not made at or before that time shall be waived. If a Successor -in - Interest claims a refund of Impact Fee, the Town may require written documentation that such rights have been conveyed to the claimant. If there is uncertainty as to the person to whom the refund is to be paid, or if there are conflicting demands for such refund, the Town may interplead such funds. 2. No Refund if Project Demolished, Destroyed, Altered, Reconstructed or Reconfigured. After an Impact Fee has been paid pursuant to this Chapter, no refund of any part of such Fee shall be made if the development for which the Fee was paid is later demolished, destroyed, or is altered, reconstructed, or reconfigured so as to reduce the size of the development or the number of units in the development. Sec. 3.20.060 Impact Fee Trust Fund. A. Establishment of Trust Fund and Trust Accounts. 1. Establishment of Trust Fund. There is hereby established the Impact Fee Trust Fund ("Trust Fund") for the purpose of ensuring Impact Fees collected pursuant to this Chapter are designated for the accommodation of Capital Facility impacts reasonably attributable to new Impact -Generating Development that paid the Fees. 2. Establishment of Accounts. The Trust Fund shall be divided into five (5) Accounts. a Roadway Impact Fee account, a Drainage Impact Fee account, a .Regional Parks Impact Fee account, a Police Capital Facilities Fee account, and an Undergrounding Impact Fee Account. B. Deposit and Management of Accounts and Trust Fund. 1. Managed in Conformance with CRS § 29-1-801 et. seq. The Impact Fee Trust .Fund and each account therein shall be maintained as an interest bearing account and shall be managed in conformance with C.R.S. § 29-1-801 et seq. R 2. Deposit of Fees in Appropriate Account in Trust Fund. All Impact Fees collected by the Town pursuant to this Chapter shall be promptly deposited into the appropriate Account in the Trust Fund. 3. Interest Earned on Trust Account Monies. Any proceeds in the Trust Fund Accounts not immediately necessary for expenditure shall be invested in an interest -bearing account. Interest earned on monies in the Accounts shall be considered part of such Account, and shall be subject to the same restrictions on use applicable to the Impact Fees deposited in such Account. 4. Income Derived Retained in Trust Fund until Spent. All income derived fro3n these investments shall be retained in the Accounts until spent pursuant to the requirements of this Chapter. 5. Expenditure of Fees. Monies in each Trust Account shall be considered to be spent in the order collected, on a first- 1nlfirst-out basis. 6. Record of Trust Fund Available for Public Inspection. A record of the Trust Fund accounts shall be available for public inspection in the Town Administrator's or designee's office, during normal business hours. Sec. 3.20.070 Expenditure of Impact Fees. A. Expenditures Limited to Facilities for Which Fee Imposed. The monies collected from the each of the five categories of Capital Facility Impact Fees shall be used only to finance or to recoup the costs of Capital Facilities within such fee category. For example, Roadway Impact Fees shall only be used for RTN Capital Facilities. Eligible costs which maybe paid from revenues derived from such fees may include, without limitation, design, engineering, surveying and permitting fees and costs; alignment study and other study costs related to capital improvements; the costs of purchasing or leasing real property; construction, labor and materials tests; other capital improvement costs; and the costs of administering the capital facilities program and budget of the Town. B. No Monies Spent for Routine Maintenance, Rehabilitation or Operation of Capital Facilities. No monies from the Trust Fund shall be spent for periodic or routine maintenance, rehabilitation, or operation of any Capital Facilities. C. No Monies Spent to Remedy Existing Deficiencies. No monies shall be spent to remedy deficiencies in Capital Facilities existing on the effective date of the Ordinance enacting this Chapter. D. Annual Impact Fee Capital Facilities Budget. 17 At least once during each fiscal year of the Town, the Town Administrator or designee shall present to the Town Board a proposed program and budget for Town Capital Facilities. This Capital Facilities program and budget shall recommend assigning monies from each Impact Fee Trust Account to specific Capital Facilities. Based on this recommendation, the Town Board shall approve an annual Capital Facilities program and budget and assign monies from the Trust Accounts for the specific Capital Facilities identified. Any monies, including any accrued interest, not assigned to specific Capital Facility projects and not expended shall be retained in the same Impact Fee Trust Account until the next fiscal year. Sec. 3.20,080 Benefit Areas and Expenditures. A. Establishment. Because all new Impact -Generating Development will benefit from the Capital Facilities funded by the Impact Fees, the boundaries of the area to be benefited by such Facilities are hereby determined to be the same as the Town's boundaries, as existing from'time to time. Notwithstanding the foregoing, the Impact -Generating Development to be benefited by the Police Capital Facilities Impact Fee as established in this Chapter is limited to that Development identified in the Impact Fee Analysis. B. Expenditures. Fees shall be used only to acquire, construct, improve or expand Capital Facilities within the Town, on the RTN within or outside of the Town, and otherwise outside the Town as may be permitted by law. Sec. 3.20.090 Review Every Three (3) Years. The Impact Fees described in this Chapter and the administrative procedures of this Chapter shall be reviewed at least once every three (3) years to ensure that (1) the demand and cost assumptions underlying the Impact Fees are still valid; (2) the resulting Impact Fees do not exceed the actual costs of constructing Capital Facilities that are of the type for which the Fees are paid and that are required to serve new Impact -Generating Development; (3) the monies collected or to be collected in each Impact Fee Trust Account have been and are expected to be spent for Capital Facilities for which the Fees were paid; and (4) the Capital Facilities for which the Fees are to be used will benefit the Development paying the Fees. See. 3.20.100 Miscellaneous Provisions. A. Requirements to Construct Improvements; Other Obligations. Nothing in this Chapter shall restrict the Town from requiring an applicant for a Development Permit to construct reasonable Capital Facility improvements designed and intended to serve the needs of the applicant's project, whether or not such Capital Facility improvements are of a type for which credits are available under Section 3,20,050. The Impact Fees charged pursuant to this Chapter shall be in addition to any other fees, charges, tolls, or requirements applicable to development, including, by way of example and not limitation, public land dedication, fair contributions for public school sites, tap fees, and building permit fees. B. Administrative Costs. The Town shall be entitled to retain not more than two (2) percent of the Impact Fees collected as payment for the expenses of collecting the Fees and administering this Chapter and Fees collected. In the case of refunds of Impact Fees under Section 3.20.060, the Town shall be entitled to retain not more than an additional two (2) percent of the Lnpact Fee payment made as payment for the expenses,of processing the refund request. C. Mistake and Misrepresentation in Payment of Fee. If an Impact Fee has been calculated and paid based on a mistake or misrepresentation, it shall be recalculated. Any amounts overpaid by a Fee Payer shall be refunded by the Town within thirty (30) days after the Town's acceptance of the recalculated amount, with interest at the rate of five (5) percent per annum since the date of such overpayment. Any amounts underpaid by the Fee Payer shall be paid to the Town within thirty (30) days after the Town's acceptance of the recalculated amount, with interest at the rate of five (5) percent per annum since the date of such underpayment. In the case of an underpayment to the Town, the Town shall not issue any additional Development Permits or approvals for the project for which the Impact Fee was previously paid until such underpayment is corrected, and if amounts owed to the Town are not paid within such thirty (30) day period, the Town may also repeal any permits issued in reliance on the previous payment of such Impact Fee and refund such Fee to the then current owner of the land. D. Appeal of Decision of Town Administrator or Designee. 1. Appeal. An appeal may be filed of any determination or decision made by the Town Administrator or designee under this Chapter regarding: (1) the applicability of any fee to Development; (2) the amount of any such fee; (3) the availability or arnount of any credit; or (4) the amount of any refund. Such appeal shall be made to the Town Board by filing with the Town Clerk or designee within thirty (30) days of the determination or decision for which the appeal is being filed: (1) a written notice of appeal on a form provided by the Town Clerk or designee; (2) a written explanation of why the appellant feels the determination or decision is in error; and (3) an appeal fee established by administrative rule of the Town. Additionally, any appeal concerning the amount of a fee shall be accompanied by an independent fee calculation study prepared in accordance with Section 3.20.040.C.3. 2. Town Board Review. The Town Board shall promptly fix a time and place for hearing the appeal, and shall have the Town Clerk mail notice of the hearing to the appellant at 19 the address given in the notice of appeal. The hearing shall be conducted at the time and place stated in the notice. 'The Town Board shall consider the appeal and either affirm or modify the decision or determination of the Town Administrator or designee based on the relevant standards and requirements of this Chapter. The appellant shall bear the burden of proof in such appeal. The decision of the Town Board shall be final. F. Judicial Action or Proceeding. Any judicial action or proceeding to attack, review, set aside or annul the adoption of the Fee Schedule established in this Chapter (Exhibit A), and any actions taken by the Town or any officers or designees thereof pursuant to the terms of this Chapter shall be governed by CKS. 29-20-104.5 (7), and all other relevant laws of the state. G. Administrative Rules. The Town Administrator or designee may from time to time establish written administrative rules, not inconsistent with the provisions of this Chapter, to facilitate the implementation of this Chapter. Section 3. 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 Town Board of Trustees hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that nay 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. Section 6. This Ordinance and the Impact Fees set forth herein shall take effect January 17, 2003. 20 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Op Cem bxr-, 2002. ' Town Cleric 12112fC2 1:07 FM[sj1]F:IOflPce\FiresionelOrdllmpact fee Ordinance 21 TOWN OF FIRESTONE. COLORADO Michael P. Si Mayor EXHIBIT A: IMPACT FEE SCHEDULE CATEGORIES AND TOTAL FEE FOR EACH RESIDENTIAL DWELLING UNIT Roadway Impact Fee: $4,189.12 Drainage Impact Fee: 639.20 Regional Parks Impact Fee: 756.75 New Police Station Impact Fee: 817.10 Undergrounding Impact Fee: 97.83 Total Impact Fee (Per Unit) $6,500.00 22 SH 1 E- EXHIBIT B FIRESTONE REGIONAL TRANSPORTATION NETWORK I I I I S I I I SEC. 1 ( I SEC. fi SEC. 5 SEC, 4 SEC 2 I I I I i I R 68 W FIRESTONE BLVO I SEC. 11 _ L SEC. 12 . `—�' SEC. SEC7 8 SEC. 9 . I , II z w1 I z- a of 0 cas I m` O� w z vl SABLE AVE w o i I - l T SEC. 18 SEC. 17 SEC, 16 I I I T PINE CONE AVE - - - - - - R-68 R 67 e� + j I � w N -. SEC. 24 SEC. 19 L SEC. 20 N SEC. 21 I H J �r -- -- ( Z GRANT 5T — I IL w U O L w a N U O McCLURE AVE I I I I LEGEND FIRESTONE GROWTH BOUNDARY MAJOR ARTERIAL STANDARD ARTERIAL l "=4000' ORDINANCE NO 5 I S 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 2003 BUDGET YEAR. WHEREAS, the Board of Trustees has adopted the annual budget in accordance with the Local Government Budget Law, on December 12, 2002, and; WHEREAS, the Board of Trustees- has made provision therein for revenues in an amount equal to 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, for the purposes stated: General Fund Total General Fund $ 3,769,136 Park Fund Total Park Fund $ 867191 Conservation Trust Fund Total Conservation Trust Fund $ 0 Street and Highway Fund Total Street and Highway Fund 5 051,355 Water Fund Total Water Fund $ 7,926,333 Capital Improvement Fund. Total Capital Improvement Fund $ 4,493,000 Debt Service Fund Total Debt Service Fund 66,000 APPROVED, ADOPTED, SIGNED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, THIS TWELFTH DAY OF DECEMBER, 2002 S'VON, . Mike_ Simone, Mayor E Ati T . ms� 'Q Oco Iv Heawad.Town Qrk ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.44.090 OF THE FIRESTONE MUNICIPAL CODE REGARDING SALARIES OF THE MUNICIPAL JUDGE AND MUNICIPAL; COURT CLERK. WHEREAS, the Board of Trustees is authorized by C.R.S. §§13-10-107(1) and-108(3) to provide by ordinance for the salaries of the municipal judge and municipal court clerk; and , WHEREAS, the Board of Trustees desires to amend Section 2.44.090 of the Firestone Municipal Code regarding such.salaries. NOW, THEREFORE, BE IT ORDAINED. BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: ° Seetinn I- Section 2.44.090 -of the Firestone Municipal Code is hereby amended to read as follows: 2.44.050 Salaries. .A. Effective January 1, 2003, the salary of the municipal judge shall be an amount not to. exceed $8,400.00 per year, payable on a monthly basis at $700.00 per month for each month of service, subject to any.applicable deductions. B. Effective January 1, 2003, the salary of the municipal court clerk shall be an amount not to exceed $28,000 per year, payable in bi-weekly installments and, subject to any applicable deductions. See iwn2. 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 t day of 4rwar2003.. �CN�..�''D�yN ' s Attest: ioC •`I. Clerk inIO3 121 PNQsj1]F.'t0lficx'i ng may . Michael P. Simone Mayor ORDINANCE NO.5A AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A BACKHOE WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. §801 et seMc ., 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 2002 John Deere backhoe. NOW, 'THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section L' That certain Lease Purchase Agreement between the Town and Municipal Services Group, Inc., (the "Lease") for lease and acquisition of one 2002 John.Deere backhoe (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 ofthis 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,3 day of 2003. TOWN OF FIREST , COLORADO QSSTOIv .00 '�.: Michael P. Simone Mayor SEAL ; TTEST: o '�.,. Y 1pCOUNTY dy He ood Town Clerk 01/20/200310:20 AM jsj] F\Compmffiiestom\Or&Lease--mhmBackhoe(2003) ORDINANCE NO.518 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR SADDLEBACK HILLS LAKE AND CONSERVANCY WHEREAS, there has been submitted to the Town of Firestone an application for an outline development plan (ODP) amendment for the rezoning of approximately 600.588 acres of land located in Section 20 and the Northwest Quarter of Section 29, Township 2 North, Range 67 West of the 6 h P.M.; and WHEREAS, such land that is the subject of the rezoning and ODP amendment request is commonly referred to as the Saddleback Hills Lake and Conservancy project, is legally described on Exhibit A attached hereto and incorporated herein by reference, and consists of the Saddleback Hills Lake and Conservancy # 143, LLC Annexations and the Teets Annexation No.1 to the Townof Firestone (hereinafter the' Property'); and WHEREAS, the application requested a rezoning of the Property from a Planned Unit Development, Residential -A zone district designation to the following zone district designations: Planned Unit Development, Residential -A (PUD R-A), Residential-B (PUD R-B), Residential-C (PUD R-C), Neighborhood Commercial (PUD NC), and Open Space (PUD OS), with a designated school site; and WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the. application on January 15, 2003, 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, 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 ofTrustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on February 13, 2003; 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 bd 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. . r 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 legally described' on Exhibit A, attached hereto and incorporated herein by reference, subject to the conditions set forth in Board Resolution No. 03-04, a copy of which is attached hereto as Exhibit B 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 property rights may be created only in accordance with Chapter 17.42 of the Firestone Municipal Code. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDE BLISHED IN FULL this. day of � h r u o r 52003. ��SS O NE• 1Vlzchael P. Simone �-AAj, ] Mayor `TT. 1 .•'moo -�iaUtti V ,� , 2117103 450 AMJs 11P:IOffio V imwRelsUBDNEWI&a&?LJD.ODPamrnd.ord 2 EXHIBIT A Rezoning/ODP Amendment Saddleback Hills Lake and Conservancy District Overall Legal Description 3 ,/ . EXHIBIT B Rezoning/ODP Amendment Conditions of Approval See Attached Resolution' No. 03-04 4 RESOLUTION NO. () 3 - 0 i A RESOLUTION APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT, PRELIMINARY SUBDIVISION PLAT AND PRELIMINARY DEVELOPMENT PLAN FOR SADDLEBACK HILLS LAKE AND CONSERVANCY WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone a request for approval of an outline development plan amendment, preliminary subdivision plat and preliminary development plan for the Saddleback Hills Lake and Conservancy subdivision and planned unit development; and WHEREAS, all materials related to the application have been reviewed by Town Staff and the Firestone Planning and Zoning Commission and found with conditions to be in compliance with Town of Firestone subdivision and zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Planning and -Zoning Commission has held a properly noticed public hearing on the application, and.has forwarded to the Board of Trustees a recommendation of approval, with conditions; and WHEREAS, the Board of Trustees has duly considered the proposed outline development plan amendment, preliminary subdivision plat and preliminary development plan, and has held a properly noticed public hearing on the applications; and WHEREAS, the Board of Trustees finds that the proposed outline development plan amendment, preliminary subdivision plat and preliminary development plan should be approved subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the proposed amended outline development plan, preliminary subdivision plat and preliminary development plan for Saddleback Hills Lake and Conservancy, subject to the conditions set forth on Exhibit A, attached hereto and incorporated herein by reference. r ED AND ADOPTED this day of F.brUQr �VST04rj a' TOWN •. �o ' 'O �� •••,......••' t0 , . 'own Clerk Michael P. Simone Mayor I EXHIBIT A Outline Development Plan Amendment, Preliminary Subdivision Plat and Preliminary Development Plan Conditions of Approval Saddleback Hills Lake and Conservancy ODP Text and Map Sheets Text Sheets 1. It appears that sheets 1-3 could fit on one sheet if it was appropriately sized. 2. Legal descriptions for all major land use categories (e.g., residential and commercial) must be provided, in addition to an overall legal description. 3. Modify ODP Text Sheets pursuant to Town Planner's redline comments. 4. Add -patio homes to the list of exempted residential product types relative to the 55-foot lot frontages. 5. Prepare vicinity map consistent with Firestone Development Regulations and specifically use Firestone Street grid names. 6. In Section E of the ODP text (Environmental Information), provide a timeline for the plugging and abandonment of the 13 functioning oil wells. Additionally, clarify the wording used in the second paragraph, third sentence. 7. In Section F of the ODP text (Utilities), correct the following typographical errors: "is planned to consists of ...." and "through an existing outfall and ultimately reaches a wastewater treatment facility...." 8. In Section G of the ODP text (Grading Concept), correct the following typographical error: "historic stormwater flows that generally flows from the south to the north." 9. Section K of the ODP text (Density) provides the minimum single-family lot sizes shall not be less than 6,600 square feet in size. However, as noted below, there are many lots shown on the Preliminary Plat that are less than 6,600 square feet. Make adjustments as necessary so that all lots meet the minimum 6,600 square foot requirement. 10. Sect) -on P of the ODP text (Private Maintenance and Enforcement) states that a Master Homeowners Association ("HOA"), and perhaps additional HOAs for specific areas of the project, will be formed. Provide the HOA formation documents and proposed covenants for Town review. 11. Rev_se the Town Approval block on the ODP map to include reference to the Resolution Number. Additionally, show all signature blocks be shown on Sheet 1, not Sheet 3. 2 12. The first paragraph under "Regional Impacts" on the ODP map refers to an "Appendix I" for additional information; however, Appendix I in the ODP binder is the list of adjacent owriers and owners of interest. Make corrections as necessary to correct this reference error. ODP Map Sheets 13. Orient Sheet 4 with North to the left (i.e. flip 180 degrees) as it is hard to read the map this way. 14. Prepare the vicinity map consistent with Firestone Development Regulations and speciiically use Firestone Street grid names. 15. Add a note that the internal roadway network shown on the plan is illustrative only, but that such roadway network does indicate planned access points to the Town's existing roadway system. 16. Add JSGS topo to ODP map, but keep the topo lines thin so that they do not confuse the locations of the land use categories. 17. Add major section line street names to the plan. Use the Firestone Street Grid names. 18. Add a note that the land use category boundaries and other defined land use areas extend to the centerline of all adjoining roadways that are within the overall Saddleback Hills boundary. 19. Confirm that the acreages of all land use categories are consistent with the total acreage of the entire property. The acreages on the map are 26.3 acres less than the legal description. 20. Add area reference indicators (i.e. "Area. 1," Area 2", etc.) on the ODP map so that different parcels can be referenced. 21. In addition to the outer boundary legal description, revise the ODP map to include separate legal descriptions for the residential and commercial areas. Preliminary- Plat 22. Sheet Index Maps on each sheet need to have the sheet they are detailing highlighted. This needs to be consistent with the layout being platted 23. Change dates from "2002" to "2003". 24. The Title Commitment provided was different than the one referenced on the Cover Sheet. The Legal Description in the Title Commitment shall to match the one provided on tl_e Cover Sheet. 3 25. Use street names from the Firestone street name grid and street naming convention. 26. A vacation "of a 50' gasline easement by this plat is called out on Sheet 25 of 27. This easement must be vacated by separate instrument prior to recording the plat. 27. Do not plat road r.o.w. in the northern tracts that are labeled "future development". 28. 900corners Will not be allowed (not an intersection). Provide a curve with a minimum radius. of 240'. A minimum of 150' may be allowed by variance, but may also require a sight distance easement. 29. Maintain minimum radius and tangent lengths. For local streets, the requirements are a minimum 240' radius and 100' tangents at intersections. For collectors, it is a minimum 610' radius and 150' tangent. Several locations are noted in the redline comments. We analyzed all the locations where the aforementioned criteria is not met. The redlines indicate which locations are acceptable for a variance or what needs to be done to become acceptable. 30. Label all streets on all sheets. This is a large site with a lot of winding streets. Reviewing will be easier if street names for all streets are, shown on all sheets. 31. A note should be included on the Cover Sheet that lots 1-7 of Block 11 are subject to a 35' gasline setback. There are other locations where this situation occurs and needs to be identified. 32. Make sure all setback lines and easement lines are shown for the gas flowlines. There are several locations noted in the redline comments where a line appears to be missing. 33. It is assumed that there will not be access to Ingalls Street (Road 17) included with this development at this time. There should be a note indicating this on the plat. Currently, Northway Avenue is also being shown to access a future road. It looks like there are three options that could happen: 1) Include R.O.W. east of the section line that would allow for the development of Ingalls Street (Road 17) with this project; 2) Provide a turna`ound that would allow emergency services, such as a fire truck, to access the lots adequately; or 3) Realign the roadways so they would loop and not have a dead end. 34. When the collector changes to a local (eg. at the intersection of Grand Street and Granite Stree:), carry the collector section through the intersection (100' minimum) and then use a 10:1 transition taper. 35. Check Tract callouts on the cover sheet. The dedication statement and Notes 7-12 appear to have conflicting ownership. Verify and correct. 36. See Town Engineer's redline plans for additional comments. 37. Provide designation of any flood plains. If the site is not located in the floodpiain, add a note :hat states this and reference the appropriate FEMA map. (9.5.13) T. 38. Modify the PDP text and maps sheets pursuant to Town Planners redline comments from 1 /3 0/03 and 2/ 13/03 . 39. Add F- note that states: Final trail locations shall be determined at the time of FDP. 40. Note that the School property shall be dedicated to the Town, for reconveyance to the School. District. 41. Note that the perimeter fencing along Grant Ave. shall be vinyl. 42. Note that all fencing design and details may vary at the time of FDP, provided that a PDP amendment relative to such fencing simultaneously processed for the adjoining areas for adjoining areas. 43. Note that attached street side walks in close proximity to improved concrete trail system, may be deleted, if approved at the time of FDP. 44. Local Street right-of-way may be reduced to 54-feet, if approved by the Town Engineer. 45. As technically possible provide access for the southern commercial property to the Frederick "Hidden Creek" subdivision to the south. 46. Identify a "Entering Firestone" monument sign location on the southern commercial property for use by the Town. 47. Title the "Dedication Statement" as "Ownership and Dedication," and move the signature block for the Owners to below the Ownership and Dedication block. Also revise the Ownership and Dedication block to use the language set forth in Section 9.5.28 of the Development Regulations verbatim. Finally, remove the reference in the Ownership and Dedication block to "Filing L" 48. Revise "Town Certificate" to read "Town Approval," and add a reference to the Town BoarG Resolution Number. 49. Correct inconsistent lot numbering issues 50. Label blocks on all sheets of the preliminary plat. 51. Correct the matchline on Sheet 12, so that it references Sheet 13 instead of Sheet 15. 52. Show in full on a single sheet of the Preliminary Plat. 53. On Sheet 22, show Gateway Street and show the matchline to the bottom of the page. 54. As previously noted, the ODP specifies a minimum lot'size of 6,600 square feet. Revise plat so that all lots meet this minimum size requirement. 5 55. Label the Outlots/Tracts as such instead of simply using a letter designation. 56. Add a note to the plat stating as follows: Areas proposed for public land dedication shall be subject to final review and approval or rejection by the Planning Commission and Boar at the time of final platting, in accordance with Town criteria. Approval of this preliminary plat shall not limit the Town's discretion to approve or reject such proposed dedications." Additionally, work with staff to identify specific public land dedications. Preliminary Development Plan Text 57. - Modify documents pursuant to Town Planner's, Attorney's and Engineer's redline comments and correspondence. Preliminary Development Plan Map Sheets 58. Modify documents pursuant to, -Town- Planner's,' 'Attorney's and Engineer's redline comments and correspondence. 59. Revise the street names to comply with the Town's street naming grid and street naming convention, and to eliminate duplication of street names. . 60. Add a note to the Water Chart shown on Sheet 29 that states "Actual water dedication requirements shall be calculated by the Town pursuant to the Town's policies and standards at the time of Final Development Plan." 61. Prepare language acceptable to Town Staff describing the nature, operation, and source of the irrigation system that will be detailed in a future FDP. This language shall be added to the PDP text in the Landscaping section and shall be used as a guide by the Staff in evaluating the final system detailed in a future FDP. Additionally, add language to the PDP that any areas identified for native vegetation shall be irrigated unless otherwise approved by the Town. 62. Revise the Town Approval block to include reference to the Town Board Resolution Number. 61 Clarify the matchlines used on the PDP map. 64. "Exhibit A" should be labeled as an Overall Site Plan, as is indicated in the PDP binder Table of Contents. Preliminary Utility Plans and Technical Reports 65. Modify documents pursuant to Engineer's redline comments and correspondence. General C: 66. Provide written correspondence from the school district that the school site is acceptable. 67. Provide written correspondence from the Coal Ridge Ditch Company if a trail along the ditch is to be provided. 68. Add a note to the plat and PDP stating as follows: "This preliminary iplat] development plan] assumes the vacation or rerouting of numerous easements and resolution of other significant physical, legal and land use constraints which may, if not resolved, result in substantial Town -required revisions at the time of final plat] plan] submittal." 69. Add a note to the PDP text that a detailed horticulture report will be provided to address soil amendment requirements and recommendations for grass mixtures. 70. Prior to FDP and Final Plat, explore the feasibility of removing one or more lots in the line(s) of 55-foot lot frontages to create slightly larger lots that provide a better transition from nearby large lots. 71. Add a note to the PDP that at the time of FDP surveyed locations of all plugged and abandoned wells will be provided. 72. Offset new wells to the extent possible in open space areas to provide more usable area. 73. Update the traffic study to include the responses to Staffs previous comments offered in the letter dated January 24, 2003 by the traffic consultant. Revise the traffic study to recommend necessary improvements to the proposed intersections so that a minimum Level of Service of C is attained. 74. Revise documents to address redline comments of the Town Engineer for the Amended ODP, PDP, Preliminary Plat, Preliminary Utility Plans, and associated technical documents. 75. Provide an updated tax certificate. 7/26102 7:17 AM [kkh] \12kserver\company\Firestone\SuhdivlSaddlebackHills.PDP.TB.res,doc 7 EXHIBIT C Rezoning/ODP Amendment Saddleback Hills Lake and Conservancy District Legal Descriptions of Rezoned Areas y 1. Area Rezoned to PUD NC 2. Area Rezoned to PUD R-A, PUD R-B, PUD R-C and PUD OS, with designated school site area. Areas restricted to each of such PUD land use category are further defined on the Outline Development Plan Amendment. Map for Saddleback Hills Lake and Conservancy. 5 ORDINANCE NO. JF 9 SERIES 2003 AN ORDINANCE AMENDING CHAPTER 5.04 OF THE FIRESTONE MUNICIPAL CODE, ENTITLED "BUSINESS LICENSES GENERALLY" TO UPDATE THE.TOWN'S GENERAL REGULATIONS CONCERNING BUSINESS LICENSING. WHEREAS, the Board of Trustees desires to amend Chapter 5.04 of the Firestone Municipal Code to require a general business license for all businesses within the Town, and to update other requirements and procedures related to the issuance of business licenses. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE' TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 5.04 the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are str-ieW gwoi ): Chapter 5.04 Business Licenses Generally Sections,: 5.04.010 Generally; relation to other laws. 5.04.020 License gamed--SsubJect to regulation. 5.04.030 Definitions. 5.04.0340Conducting business without license deemed unlawful. 5.04.050 Applications. 5.04.0460 Investigation and Issuance. 5.04.0-570 Denial --Authority. 5.04.0680 Licenses by mayor and clerk. 5.04.0790 License contents. 5.04.1090 License terms. 5.04.11090 Prorating license fees. 5.04.1200 Register of licenses. 5.04.134-0 Posting and exhibition. 5.04.142-0 Transfers. 5.04.15-30 Renewals. 5.04.1640 Suspension or revocation. 5.04.17-50 Assignment or transfer of licenses. 5.04.1860 Return of fees. 5.04.190 Exempt_Activities. 5.04.200 Each day's violation deemed separate offense. 5.04.010 Generally. therefer(Pfeede§4�}The purpose of _this chapter shall be to require the licensing of all business activities and enterprises physically located within the town and to provide the town with necessary information_ concerning the businesses within the town, including but not limited to„the nature of the business operation, the number of employees- place of business, and emergency contacts, in order to protect the health, welfare and safety of the town's inhabitants. The general business license required by this chapter shall be in addition to any other license or permit required by this title or this code. 5.04.020 License gmated--5subject: to regulation. Lie. non way be gF me to pe fsenn to fr-an tr-easwer-, for- the use of the 7 person or business receiving r-a license pursuant to this chapter shall be subject to allthe ordinances and regulations which may be in force at the time of the issuance thereof or which may be subsequently made and ordained by the board of trustees of the town. 5.04.030 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 requires a different meaning: A. "Business" means and includes all kinds of vocations, occu atp ions, home occupations, professions, enterprises and establishments, any of which are conducted on any premises within the town or anywhere else within its jurisdiction. B. "Premises" means and - includes all. land, structures and places, and the equipment and appurtenances connected or used therewith, in any business, and also any personal property which is either affixed to, or otherwise used in connection with, pny such business. conducted on the premises. C. "Town Clerk" means the town clerk for the Town of Firestone or such person's designee. 5.04.040 ConductinLy business without license deemed unlawful. It is unlawful for any person, whether as a . principal, agent, clerk or employee, either for himself or for an, o�person, corporation or otherwise, to commence, carry on or � establish and kind of business without - first having received from the town a general business license to do so, or without complying with any and all regulations of such business contained in this chapter. 5.04.0350 Applications.. Every person re wired to obtain a license under this cha ter shall submit a license application to the town clerk. The application shall be accompanied by a nonrefundable application fee in an amount set by resolution of the board of trustees. The application the to shall contain: A. The name of the business for which a license is requested, and the name of the person, firm or corporation reque 3tin gdesi4t such license; B. The residence address of swh the applicant and'if the applicant is an entity, the names of the officers directors and owners of such entity and the address of such entit ',, �� ���'' ��+�,v :~a:.,: a„�, -M''�•� �� �, �'' �f eaeh of the d;.. ,.+;,, „m„ers of „h eer +ie and : principal place of business; C. The kindof fieense desifed, stating ih--.ature of the business, +��or prefessiex to be performed, practiced or carried out; D. The street address, if any, where such business is to be carried on; E. The telephone number of the business, the name of the manager of the business if any, and the number of employees of the business. EF. The year for which such license is sought; and FG. Any other relevant information required by the teams E)f the pfe for compliance with this chapter or deemed to be reasonably necesM by the town clerk for the fair administration of this chapter. 5.04.0460 Investigation and Issuance. A. Upon receipt of the application containing the information set forth in the preceding section, proof that the annual fee therefor has been paid in advance to the town treasurer, and compliance with all other provisions of this chapterthe exeefflien and defiwry of any bond or- in�anee that may be r-equied, t tie ukw heen , the town clerk shall issue and deliver to the applicant the license requested. B. U12on receipt of the application,gpplication, where an provision of this code necessitates an inspection, further investigation, or other license or permit, the town clerk shall refer the U12lication to the proper officer, board or commission for consideration of such inspection, investigation or further license or permit. The general business license required by this cha ter shall be in addition to gay other license or permit required by this title or this codes and. the issuance of a general business license does not permit any conduct that is prohibited or that does not full com 1 with the requirements of this code. B wa of exam le and not limitation, a general business license does not permit: 1. The conduct of ally business if the premises to be used for the business and the proposed conduct of such business do not fully comely with the requu ,cements of this code. 2. The conduct of any business or performance of anyact_ that would constitute a violation of the zoning code or development regulations of the town or any, other provision of this Code. 3. The conduct of any business that violates any existing state or federal statutes or municipal ordinance. 5.04.0570 Denial --Authority. A. The town clerk may deny an application for- a license under this chapter upon a determination that: .1. The applicant has failed to supply any of the information required on the application or by the town clerk pursuant to subsection 5.04.050.G; 2. The conduct of the business for which a license -is requested would be in violation of anv provision of this codgappheant has fai led to obtain r-e instffanee; 3. The applicant has failed to. pay the required license fee; or 5. The applicant has been finally convicted of any offense and would create danger to the public health, safety, or welfare if the applicant were to engage in such offensive conduct after the license was.issued. B. If the town clerk denies a license application under this section, the town clerk shall notify the applicant in writing stating the specific grounds for the denial. The applicant may thereafter appeal the denial of the application by the town clerk to the town administrator, whose decision shall be fnalbeaf" trustees. ALiy appeal to the town administrator shall be made in writing within fifteen days of the clerk's denial of the license. 5.04.0680 Licenses by mayor and clerL .Each license issued pursuant to this chapter�;l^l Iie2onncec--shall be .signed by the mayor and attested by the town clerk and recorder under the seal of the to , co-ndifiens and, in the mmmr hereinafter- pro -Me . 5.04.0790 License contents. Each license issued pursuant to this chapter shall show upon its face the name of the person to whom it has. been issued; the street address where any business is to be carried on, the kind of lieense, the amount paid therefor, the year for which such license is issued, and any other information required by this code to be displayed thereon. 5.04.10084 License terms. The license reauired by this chanter is for the nrivileae of 'pursuinu the business, profession or occupation designated thereon and aAll licenses shall be issued ,on a calendar year basis only, and they shall expire with the calendar year in€er which they are issued unless sooner revoked, canceled or suspended. 5.04.110090 Prorating license fees. In case a license required by this chapter is issued after dune 30th of any year, the license fee for the year of issuance shall be one-half' of the annual license fee; , 4 5.04.1200 Register of licenses. The town clerk and--eeer-dershall keep a register conta4i M the information from the license application in whieh shag be entered the mme-e the date of the license, the purpose and place for which the license is granted, the amount paid therefor, and the time the same will expire or continue in force. 5.0..4.13-10 License required for each place of business• Posting and exhibition. A. A separate license must be obtained and a separate license fee paid for each branch, establishment or" separate place of business in which a business is carried on. B. Every license for a business to be conducted at a particular street address shall be posted conspicuously, in public view, at each such address during the period such license is valid. It shall be the duty of each and every person to whom a license has been issued by the town, to exhibit the same upon the request of any law enforcement officer, inspector, or other officer of the town. 5.04.142-0 Transfers. No'license may be transferred from one person to' another, or from one place to another, except where permitted by state law or provisions of the code relating to the particular license, and then only by the town clerk after written application therefor and the payment of a fee for the transfer of such license. 5.04.1530 Renewals. Any licensee may make application for a new license for the succeeding year and pay the required fee therefor, on or before the expiration date of any license or licenses issued to .the licenseehim for the current year. Whenever any application and license fee payment therefor is not received on or before the expiration date of any license issued for the current year, and the licensee continues to engage in the business or activity for which the license was issued, in addition to other penalties which may be imposed, a penalty of ten percent of the amount of the license fee shall be imposed and collected and an additional five percent of the original fee shall be added on the last day of each calendar month after the expiration date. In addition to the above penalty provision, it is unlawful for a licensee to continue to engage in any business or activity after his license therefor has expired. 5.04.1640 Suspension or revocation. A. In addition to any other provisions of this code. of other ordinances of the town, the town clerk may cancel suspend or revoke a license or permit issued under this title if: 5 1. The licensee fails to meet the qualifications required of an applicant; 2. The licensee violates any provision of this code or other ordinance of the town governing the activities permitted by the license; 3. The licensee obtained the license by fraud or misrepresentation; Of 4. The licensee has failed to pay the annual licensee fee; 5. Any sales taxes required to be paid in connection with the business have are not timely paid, or 4. The licensee is fimW onvicted of an offense and would create a danger to the public health, safety or welfare 'of the citizens of the town if the licensee were to engage in such conduct after the license was issued. B. If the town clerk finds one of the grounds in subsection A of this section or any other ground for cancellation, suspension or revocation in this code, the town clerk shall determine whether to cancel the license, revoke the license for the remainder of its term, or suspend it for any shorter period according to the severity of the disqualification, its effect on public health, safety; and welfare, and the time during which the disqualification can be remedied, if at all. C. Before the hearing required in Subsection D of this section, the town clerk may suspend a license for up to fourteen days, if the town clerk determines that the suspension is in the interest of public health, safety, and welfare. The town clerk may include in the temporary suspension reasonable orders or conditions with which the licensee shall comply to protect any work in progress and the public health and safety. Any breach of such conditions or orders is an independent ground for suspension or revocation of the license. D. Except for such emergency suspension authorized by subsections C of this section, no such suspension or revocation is final until the licensee has been given the opportunity for a hearing before the town adminstratorb to contest the suspension or revocation. E. If, after a hearing, the suspension or revocation is upheld, the town clerk may include reasonable orders or conditions with which the person whose license has been suspended or revoked shall comply to protect any work in progress and the public health, safety and welfare. F. No person whose license is revoked under this title may received a refund of any part of the license fee paid for the license. G. No person who has had a license suspended or revoked under this title is entitled to obtain the same or any similar license under this code during the period of suspension or revocation, either in the persods own name or. as a principal in another business that applies for a license. H. Nothing in this title shall be deemed to prohibit the town clerk or other authority from imposing other penalties authorized by this code or other ordinance of the town, including filing a complaint in the town court for a violation of this code or other ordinance of the town. 5.04.1750 Assignment or transfer of licenses. No license granted under any ordinance shall be assignable or transferable nor authorize the person holding the same to carry on the . business mentioned at C any place other than that described unless a transfer has been approved pursuant to Section 5.04.142-0. 11 5.04.1860 Return of fees. Upon refusal of any application for a License, or in the" event that any license is suspended or revoked, all moneys paid therefor shall be and remain the moneys of the town, and no refund shall be made to any applicant or licensee. 5.04.190 Exempt Activities. A. The provisions of this chapter shall not apply to: 1. Any activity for which a license is required under chapter 5.40 of this code; L Any canvassing on behalf of a candidate for elective public office' or for proponents of a measure to .be placed on the ballot. .3. Activity consisting solely of mere delivery in the town where no intent exists or is shown to exist to evade the provisions of this chanter. 4. The selling of newspapers on public streets or in public places in a manner otherwise in com fiance with. this code. 5. Established delivery routes, persons calling by appointment, yard sales, garage sales, events approved by the town, or contractors or temporary„ uses to the extent such contracting activities or temporary uses are licensed pursuant to chapter 5.20 or titles 15 and 17 of.this code. B. The burden of proving an exemption to this chapter is upon the person claiming such excmption. Determinations regardingtpplication of an excMdon shall be made in writing by the town clerk. The business subject to such determination may appeal the determination to the town administrator, whose decision shall be final. Any appeal to the town administrator shall be made in writing within fifteen days of the clerk's determination. 5.04.200 Each day's violation deemed separate offense. Any person convicted of violating any of the provisions of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00 by imprisonment for not more than one year or by both such fine. and imprisonment. Each act or omission in violation of one or more of the provisions of this chapter shall be deemed a separate violation for each and every day that such acts or omissions occur. 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. 7 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. INTROIPUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day o C2003. TOWN OF FIRE ONE, COLORADO ��R�ST OAF :'' TOWN '•• . s. Michae P. Simone SEAL Mayor e'•.:oo CpU�ry,C 3/11/03938AMQsj71) iDe\FaatnneWrtitiHus'iamUomw 8 ORDINANCE NO. 520 AN EMERGENCY ORDINANCE ESTABLISHING CERTAIN MANDATORY WATER RESTRICTIONS AND AMENDING CERTAIN PROVISIONS OF THE FIRESTONE TOWN CODE AND FIRESTONE DEVELOPMENT REGULATIONS CONCERNING USE OF WATER WHEREAS, the Board of Trustees finds that drought conditions within the State of Colorado are impacting and threatening the Town's available and potential future water supplies; and WHEREAS, the Board of Trustees finds that, in order to protect the Town's available and potential future water supply —which is wholly dependant upon yields of the Colorado -Big Thompson Project —it is necessary for the Town to reduce its water usage; and WHEREAS, the Board of Trustees finds that the mandatory'water restrictions and other requirements regarding water use which are set forth herein will serve to reduce water usage within the Town and assist in alleviating existing drought conditions. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectinn 1, The Board of Trustees of the Town of Firestone hereby imposes the following mandatory water .use restrictions, which shall apply to all consumers, persons and property owners receiving potable water service from the Town water system: 1. Lawn watering for all residential lawns and commercial landscape areas is prohibited between the hours of 10:00 a.m. and 6:00 p.m. L 2. Lawn watering for residences and businesses with an even numbered address is permitted on Sundays and Thursdays only. 3. 'Lawn watering for residences and businesses with an odd numbered address is permitted on Saturdays and Wednesdays only. 4. A residence or business that has been issued a certificate of occupancy on or after April 24, 2002 shall be permitted one additional day per week of lawn watering, upon which water shall be allowed only as necessary to establish a new lawn. For even numbered addresses, such additional day shall be Tuesday. For odd numbered addresses, such additional day shall be Monday. 1. The maximum allowable water usage for any tract, lot or parcel of public park, private park or private open space is 110,000 gallons of water per acre per calendar month. For .purposes of this restriction, the size of the tract, lot or parcel under consideration shall be the gross acreage thereof as determined from the subdivision plat or legal description therefor. All calculations hereunder shall be rounded to the nearest one -tenth. 2. The maximum allowable water usage set forth in subsection B.1 may be exceeded for those parks or open space areas which are designated as "Tier 1 Parks" by resolution or ordinance of the Board of Trustees, which areas typically require increased irrigation to offset higher usage from sports activities. The additional amount of allowable water usage for Tier 1 parks shall be as determined by the Town Administrator and Director of Public Works. The following areas are hereby designated as Tier 1 Parks: Hart Park, Miners Park, Prairie Ridge Park, Oak Meadows Park, Onorato Park and Patterson Park. 1. It shall be unlawful for any person, or for the owner of any property, to cause, permit, suffer or allow any person to irrigate, sprinkle, or otherwise apply water from the Town water system to any lawn, commercial landscape, park, open space or other area of land in violation of the watering restrictions set forth in Section 1 of this Ordinance. 2. Any consumer, person or owner violating any of the provisions of Section 1 of this ordinance shall be issued a warning citation upon the first offense. Thereafter, any such consumer, person or owner violating any of the provisions of Section 1 of this ordinance shall be punished, upon first conviction, by a minimum fine of not less than fifty dollars ($50.00); upon second conviction, by a minimum fine of not less that one hundred dollars ($100.00); upon third conviction, by a minimum fine of not less than two hundred and fifty dollars ($250.00); and, upon the fourth and each subsequent conviction, by a minimum fine of not less that five hundred dollars .($500.00). No such fine shall be suspended by the municipal court. Upon such fourth or subsequent conviction, and in addition to such minimum fine, the Town may install a flow restriictor device on the applicable water service pipe for a period of one week, to limit water use to health and sanitary purposes only. 2 Section 2- Section 13.08.010 of the Firestone Municipal Code is hereby amended by the addition of a new subsections,13.08.010.I and 13.08,010.J, to read as follows (words ad -led are. underlined): 1�WI MI rr . • 1 - it •r . primate- • - 1tial lot or commercial1 • . • " arEa that is ingtalled after April II 1. inchide .1 aulamatic ele2trnmecbanical intemilit1 1 l•interaim the irription system 1 1 1 1 dexice 1. •' .. 1 =IX&I2 1 . 1 TFIrillver1 1 1-/. r 11 - 1 1 1 / a• 1- 1 . • 1 t r 1' - 1. •- amrfdifivi • 1 1 - • 1' 1 r 1' 1- rr g. • 1 Y .4Le 11 1 •r 1. li' 1I11 "/ :jTinr tn com1aepjnamse nf the • 1 r■ r Y II Ax.v.•in4fic,cr 1 r / . . *T • 1 " 1 sj)ace area that installedis include ananInTLtic ele6.�Omechnniyni 1 r / . ! 1 I�r�' 1 1 -rr / 1- r �. I r Y Y-11 • 1� . . 1 . 1 • Rai l ar simikar1• 1 ' 1 hy the De4artment of Puhlic j•Tbe. ingtalIntion of 1 de3ice PhnII4" q condition of 1" issuance. of the taD -rg 1" ration system, .11 installation shall be comlileted prior to 11111'l 1� 1 • Section 3_ Section 10.11 of the Firestone Development Regulations is hereby amended to read as follows (words added are underlined; words deleted are stricken tlnouglt): 1 I M 1 I r, w. •: 1 1 environmentalassessment .1r a soilanahsi and reyegmlinn =art ("sail - 11 Y.11 1'- requir The ,1 - L• r -,bqll hegiNect to Town re3imand appravaland shall contain. 1 . 1. oftbe exiding snils,on the site1 I• ./ specific. 1 11 11 " 1 1 . • r for • amendments, h" t mixesItypeg,seM applirntion rates ontimuni planting s1 - 1 . 1 1 11 I 11 Ir irrigation 1 - 11 - 1 Section 4. - The mandatory water restrictions set forth in Section 1 of this Ordinance shall be effective May 8, 2003, and shall continue in effect until November 30, 2003. SectiQu_.4. 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 timely effectuate the water saving measures set forth herein, and that this ordinance shall take ' effect May 8, 2003, provided the same has been adopted and signed by the Mayor and approved by two-thirds of the entire Board of Trustees. 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. Sectinn 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. Seiction$. 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 24th_day of April_, 2003. 0NE w .s S so Att'St: �OCOl1lISn ,odTown Clerk , TOWN OF FIRE Michael P. Simone Mayor 4 ����~�, 1lllllllllll11111IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3253239 01/14/2006 03:01P Weld County, CO 1_ of 15_R_T6.OVD 0.00 Steve Moreno Cletk & Recorder ORDINANCE NO. S, AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN AMENDMENT FOR THE SHORES WHEREAS, Hall Family Partnership of Firestone, as owner and applicant, has applied for an outline development plan (ODP) amendment for rezoning of approximately 497.189 acres located in the northeast quarter of Section 7, Township 2 North, Range 67 West of the 6th P.M. and the east one-half of Section 2, Township 2 North, Range 68 West of the 6ch P.M., which parcels are legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference, and which are hereinafter referred to collectively as the "Property"; and WHEREAS, the application requests a rezoning of the Property from the existing Plann.ed Unit. Development zone district designations of Mixed Use (PUD MU), Residential -A (PUD R-A), Residential-B (PUD R-B), and Open Space (PUD OS) to the proposed Planned Unit Development zone district- designations of Residential=C (PUD R-C) for approximately-171.632 acres of the Property, Neighborhood Center (PUD NC) for approximately 10.000 acres of the Property, and Open Space (PUD OS) for approximately 315.557 acres of the Property; and WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on April 2, 2003, 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 May 8, 2003; and WHEREAS, the Board of Trustees makes the following findings with respect to the proposed rezoning and ODP amendment: a. The proposed rezoning and ODP amendment provides an overall increase in the Neighborhood Commercial area of approximately six (6) acres; b. The proposed rezoning and ODP amendment increases the amount of open space provided by 144 acres; C. The proposed rezoning and ODP amendment provides an overall increase in IIIIII lllll lllll 1111111111111111111111III IIIII llll till 3252239 01/14/2005 03:01P Weld County, Co _2 . of 15 _11_16,00 0 0.00 Steve Moreno Clerk & Recorder the Residential-C area, which includes mixed use, by approximately 62.4 acres; d. Because of the higher potential density of the R-C land use category, the number of potential dwelling units allowed by the proposed rezoning and ODP amendment increases by approximately 240; and e. The rezoning of the Property as requested in the application will concentrate the residential density on the Property in a smaller area, leaving more of the Property as open space and available or commercial uses, and therefore will not have a significant negative fiscal impact on the Town; 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 set forth in Exhi .)it A attached hereto and incorporated herein by this reference from. the existing Planned Unit Development zone district designations of Mixed Use (PUD MU), Residential -A (PUD R-A), Residential-B (PUD R-B), and Open Space (PUD OS) to the proposed Planned Unit Development zone district designations of Residential-C (PUD R-C) for approximately 171.632 acres of the Property, Neighborhood Center (PUD NC) for approximately 10.000 acres of the Property, and Open Space (PUD OS) for approximately 315.557 acres of the Property as more particularly described in Exhibit B attached hereto and incorporated herein by this reference, all subject to the conditions set forth on Exhibit C, attached hereto and incorporated herein by reference. 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. INTRQ DUCED, READ, ADOPTED, APPROVED, AND. ORDERED PUBLISHED IN FULL this day of ` rYl , 2003. 2 Illflll1111f llllllllllllllflllllflllfflllllllff 3253239 01/14/2005 03:01 Illl if fl P Weld County, CO �3 of 15 R 76:00 D 0.00 Steve Moreno Clerk & Recorder �ESTONE SAL _• Sao Mayor ATTEST: �l OtHegw d own Clerk . _ _ . 05/08/2003 6:15 PM [kkh]\\2kservekompany\FirestonelO,-&ShoresODPAmendBoard(approvat).ord.doc 3 I II�III IIII� III�� IIIII III �IIIIIII li�ll III I�III III4 IIII 3253239 01/14/2005 03:01P Weld County, CO -4of . 1.5_76.00 D 0.00 Steve Moreno Clerk & Recorder 1 EXHIBIT A The Shores Rezoning/ODP Amendment Overall Legal Description BOOTH FARM, LOT 1 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1, BOOTH FARM MINOR SUBDIVISION PLAT, RECEPTION NO. 2842090, RECORDED APRIL 19, 2001 IN THE WELD COUNTY RECORDS. SAID PARCEL CONTAINING 19.562 ACRES. BOOTH FARM, LOT 2 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2, BOOTH FARM MINOR SUBDIVISION PLAT, RECEPTION NO. 2842090, RECORDED APRIL 19, 2001 IN THE WELD COUNTY RECORDS. SAID PARCEL CONTAINING 32.565 ACRES. SHORES OVERALL BOUNDARY LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 1 AND THE EAST ONE-HALF OF SECTION 2, TOWNSHIP.2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 1, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 1 BEARS NORTH 89048'47" WEST 2742.46 FEET, SAID LINE FORMING THE BASIS OF 4 12L2 39 IIIII 1111111111 llil 1111111 11111111111111111I 1111 353201/1412005 03.01P Weld County, CO 5 of 15 9-76.00 0- 0.00 Steve Morena Clerk Recorders BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1, NORTH 01°31'07" EAST 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89048'47". WEST, A DISTANCE OF 2741.93 FEET TO A POINT ON THE EAST LINE OF THE SOUTHEAST QUARTER OF.SAID SECTION 2, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 2 BEARS SOUTH 01032'32" WEST, A DISTANCE OF 30.01 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89023'29" WEST, A DISTANCE OF 3.00 FEET TO A POINT ON THE BOUNDARY LINE OF RECORDED EXEMPTION NO. 1313-2-4-RE405 OF THE WELD COUNTY RECORDS; THENCE ALONG THE BOUNDARY LINE OF SAID RECORDED EXEMPTION THE FOLLOWING 4 COURSES: 1) NORTH 01032132" EAST, A DISTANCE OF 509.83 FEET; 2) THENCE SOUTH 62058'03" WEST, A DISTANCE OF 295.73 FEET; 3) THENCE SOUTH 30027'35" WEST, A DISTANCE OF 20'7.93 FEET; 4) THENCE SOUTH 17005'42"WEST, A DISTANCE OF 200:47 FEET TO'A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 'NO: 24;' THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89023'29" WEST, A DISTANCE OF 847.08 FEET TO A POINT ON THE EAST -RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 9 3/4; . THENCE ALONG SAID EAST RIGHT -OF --WAY LINE NORTH 01024'10" EAST, A DISTANCE OF 2627.77 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, WHENCE THE EAST ONE -QUARTER CORNER OF SAID SECTION 2 BEARS SOUTH 89017133" EAST 1270.51 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 01022'57" EAST, A DISTANCE OF 1284.74 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24.3/4; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89032'40" EAST, A DISTANCE OF 1274.12 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 1, WHENCE -THE WEST ONE --QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 01032'22" WEST, A DISTANCE OF 1290.39 FEET; THENCE SOUTH 89032'40" EAST, A DISTANCE OF 0.98 FEET; THENCE NORTH 88053'55" EAST, A DISTANCE OF 1335.61 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 1 AND THE BOUNDARY LINE OF RECORDED EXEMPTION NO. 1313-1-2-RE2024 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING 13 COURSES: 1) THENCE SOUTH 01000'57" WEST, A DISTANCE OF 588.01 FEET; 2) THENCE NORTH 57024'01" EAST,, A DISTANCE OF 528.30 FEET; 3) THENCE NORTH 61056'00" EAST, A DISTANCE OF 259.69 FEET; 4) THENCE SOUTH 01°18'11" EAST, A DISTANCE OF 65.63 FEET; 5) THENCE NORTH 74045'41" EAST, A DISTANCE OF 225.12 FEET; 6) THENCE NORTH 72054'58" EAST, A DISTANCE OF 116.39 FEET; 7) THENCE NORTH 85013'21" EAST, A DISTANCE OF 132.54 FEET; 8) THENCE SOUTH 89034'59" EAST, A DISTANCE OF 55.00 FEET; 9) THENCE SOUTH 53049'45" EAST, A DISTANCE OF 30.81 FEET; 10) THENCE SOUTH E IIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIII ! 3253239 01/14/2005 03:01P Weld County, CO 6 of 15. R 76.00 _t] 0.00_ Steve Moreno Clerk & Recorder 820.27'29" EAST, A DISTANCE OF 48.37 FEET; 11) THENCE SOUTH 83014'34" EAST, A DISTANCE OF 27.17 FEET; 12) THENCE SOUTH 71038'47" EAST, A DISTANCE OF 56.37 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; 13) THENCE ALONG SAID WEST LINE NORTH 00"31'00" EAST, A DISTANCE OF 243.90 FEET TO .THE NORTHWEST,CORNER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG THE NORTH LINE OF SAID SOUTH HALF NORTH 88052'29" EAST, A DISTANCE OF 1969.28 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1447451, RECORDED OCTOBER 16, 1964 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID RECEPTION SOUTH 00025'03" WEST, A DISTANCE OF 330.12 FEET; THENCE SOUTH 00021'58" WEST, A DISTANCE OF 262.96 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1508174, RECORDED SEPTEMBER 26, 1967 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY LINES OF SAID RECEPTION NO. 1508174 AND RECEPTION NO. 1425433, RECORDED JANUARY 6, 1964 SOUTH.00°25'03" WEST, A DISTANCE OF 725.09 FEET; THENCE NORTH 89005'39" WEST, A DISTANCE OF 1971.04 FEET TO A""POINT ON" THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG "SAID --WEST "LINE' SOUTH 00031'_00 WEST,_'_A­ DISTANCE "OF' 81'. 77 " FEET TO THE CENTER CNE-QUARTER CORNER OF SAID SECTION 1; THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 SOUTH 00930'50" WEST, A DISTANCE OF 1352.52 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 89°39'26" EAST, A DISTANCE OF 1316.87 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE SOUTH 00°261.38" WEST, A DISTANCE OF 1335.00 FEET TO A POINT ON THE NORTH RIGHT--OF-WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID NORTH RIGHT- OF-WAY.LINE NORTH 8c,047'54" WEST, A DISTANCE OF 1318.49 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 445.062 ACRES. Illfll IIIII Illll IIIII Illl IIIIIIII IIIII III 11111 IN IN 3253239 01/14/2005 03:01P Weld County, CO J7 of 15 R 76.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT B The Shores RezoninglODP Amendment Legal Descriptions of Rezoned Areas SHORES PUD NC LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SCUTHWEST CORNER OF SAID SECTION 1, WHENCE THE SOUTH ONE —QUARTER CCRNER OF SAID SECTION 1 BEARS SOUTH 89048'47" EAST.2742.46 FEET, SAID LINE _FORMING THE BASIS OF BEARINGS- ,FOR. THIS DESCRIPTION;.THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER._OF SAID SECTION 1_,. NORTH .01 ° 3 l,'_Q7" EAST 3-0._01..,.FEET, T0, ,A POINT ON THE NORTH RIGHT—OF—WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID NORTH RIGHT—OF—WAY LINE SOUTH 89048'47" EAST, A DISTANCE OF 1135.30 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH RIGHT—OF—WAY LINE NORTH 00011'13" EAST, A DISTANCE OF 544.50 FEET; THENCE SOUTH 89048'47" EAST, A DISTANCE OF 800.00 FEET; THENCE SOUTH 00011'13" WEST, A DISTANCE OF 544.50 FEET TO A POINT ON THE NORTH RIGHT—OF—WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID RIGHT—OF—WAY'LINE NORTH 89"48'47" WEST, A DISTANCE OF 800.00 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 10.000 ACRES. SHORES EAST PUD R—C LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTION 1 AND THE EAST ONE—HALF OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 1, WHENCE THE SOUTH ONE —QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 89°48'47" EAST 2742.46 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1, NORTH 01031'07" EAST 30.01 FEET TO A 7 lIII1!ll�l�llllll�l�Illl1 f f l 3253239 01/14/2005 03: 8 of _15 _ R 160 .00 D 0.00Steve Morenoeeld Clerk 8 Recorder POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89023'29" WEST, A DISTANCE OF 3.00 FEET TO A POINT ON THE EAST BOUNDARY LINE OF RECORDED EXEMPTION NO. 1313-2-4- RE405. OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE NORTH 01032'32" EAST, A DISTANCE OF 509.83 FEET; THENCE NORTH 63058'00" EAST, A DISTANCE OF 161.17 FEET; THENCE NORTH 41041'53" EAST, A DISTANCE OF 270.68 FEET; THENCE NORTH 71042'26" EAST, A DISTANCE OF 468.29 FEET; THENCE NORTH 27°32'10" EAST, A DISTANCE OF 323.24 FEET; THENCE NORTH 02°20'37" WEST, A DISTANCE OF.139.83 FEET; THENCE NORTH 40°50'57" EAST, A DISTANCE OF 260.45 FEET; THENCE NORTH 64001'48" EAST, A DISTANCE OF 738.44 FEET; THENCE NORTH 77"38'06" EAST, A DISTANCE OF 1026.54 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE ALONG SAID LINE SOUTH 00030'50" WEST, A DISTANCE OF 782.59 FEET TO. THE .NORTHWEST- CORNER OF THE. SO`i3THWEST •QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE NORTH 89°39'26"EAST, A — DISTANCE''OF 1316'.'87 --FEET-''TO-THE NORTHEAST -CORNER -OF -THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 1; THENCE SOUTH 0'0026'38" WEST, A DISTANCE OF 1335.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE NORTH 89047'54" WEST, A DISTANCE OF 1318.49 FEET; THENCE NORTH 89048'47" WEST, A DISTANCE OF 806.62 FEET; THENCE LEAVING SAID NORTH RIGHT-OF-WAY LINE NORTH 00011'13" EAST, A DISTANCE OF 544.50 FEET; THENCE NORTH 89048'47" WEST, A DISTANCE OF 800.00 FEET; THENCE SOUTH 00011'13" WEST, A DISTANCE OF 544.50 FEET TO A POINT ON SAID NORTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24; THENCE ALONG SAID NORTH RIGHT--OF-WAY LINE NORTH 89048'47" WEST, A DISTANCE OF 1135.30 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 124.516 ACRES. SHORES PUD OS LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE EAST HALF OF SECTION 2 AND SECTION 1 OF TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST, WHENCE THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 89048'47" EAST 2742.46 FEET, SAID LINE N. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ', 3253239 p111412005 03:01P Weld County, CO R 76.00-_ 0 0.00 Steve Moreno Clerk & Recorder FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, NORTH 89023'29" WEST, A DISTANCE OF 416.57 FEET; THENCE NORTH 00°36'31" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF WELD COUNTY -ROAD NO. 24 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID NORTH RIGHT--OF-WAY LINE NORTH 89023'29" WEST, A DISTANCE OF 847.08 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 9 3/4; THENCE ALONG SAID EAST RIGHT-OF- WAY LINE NORTH 01024'10" EAST, A DISTANCE OF 865.93 FEET; THENCE NORTH 71"35'38" EAST, A DISTANCE OF 361.96 FEET; THENCE NORTH 66055'47" EAST, A DISTANCE OF 191.56 FEET; THENCE NORTH 48043'53" EAST, A DISTANCE OF 212.76 FEET; THENCE NORTH 35018'40" EAST, A DISTANCE OF 191.97 FEET; THENCE NORTH 17.031'32" EAST, A DISTANCE OF 195.08 FEET; THENCE NORTH 07015'12" EAST, A DISTANCE OF 180.95 FEET; THENC'E'-NORTH. 1-0°.37' 11" WEST, A DISTANCE-OF'-212. 51 FEET; THENCE NORTH 23033'55" WEST, A DISTANCE -OF 334.69 FEET; THENCE --NORTH ''12 0 39,1091- WEST--- A ­DISTANCE OF ... 163. 90-'FEET; 'THENCE''NORTH 11056'39" EAST, A DISTANCE OF 173..47 FEET; THENCE NORTH 00°42127" EAST, A DISTANCE OF 56.06 FEET TO -A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE ALONG SAID NORTH LINE NORTH 89017'33" WEST, A DISTANCE OF 656.79 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 9 3/4; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE NORTH 01022'57" EAST, A DISTANCE OF 1284.74 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 24 3/4; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE SOUTH 89032'40" EAST, A DISTANCE OF 1274.12 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER'OF SAID SECTION 1, WHENCE THE WEST ONE -QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 01032'22" WEST, A DISTANCE OF 1290.39 FEET; THENCE SOUTH 89032'40" EAST, A DISTANCE OF 0.98 FEET; THENCE NORTH 88053'55" EAST, A DISTANCE OF 1335.61 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF SAID SECTION 1 AND THE BOUNDARY LINE OF RECORDED EXEMPTION NO. 1313-1-2-RE2024 OF THE WELD COUNTY RECORDS; THENCE ALONG SAID BOUNDARY LINE THE FOLLOWING 13 COURSES: 1) THENCE SOUTH 01000'57" WEST, A DISTANCE OF 588.01 FEET; 2) THENCE NORTH 57°24'01" EAST, A DISTANCE OF 528.30 FEET; 3) THENCE NORTH 61056'00" EAST, A DISTANCE OF 259.69 FEET; 4) THENCE SOUTH 01018'11" EAST, A DISTANCE OF 65.63 FEET; 5) THENCE NORTH 7404:-D'41" EAST, A DISTANCE OF 225.12 FEET; 6) THENCE NORTH 72054'58" EAST, A DISTANCE OF 116.39 FEET; 7). THENCE NORTH B5013'21" EAST, A DISTANCE OF 132.54 FEET; 8) THENCE SOUTH 89034'59" EAST, A DISTANCE OF 55.00 FEET; 9) THENCE SOUTH 53°49'45" EAST, A DISTANCE OF 30.81 FEET; 10) THENCE SOUTH 82027'29" EAST, A DISTANCE OF 48.37 FEET; 11) THENCE SOUTH 83014'34" EAST, A DISTANCE OF 27.17 FEET; 12) THENCE SOUTH E Ilfllllflfl llllf Illflllllflllllll Ilfflllllllflllll Ifll 3253239 01/14/2005 03:01P Weld County, CO 10 0-_15 .R-76.00 p 0.00 - Steve Moreno Clerk & Recorder - 71038'47" EAST, A DISTANCE OF 56.37 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; 13) THENCE ALONG SAID WEST LINE NORTH 00031'00" EAST, A DISTANCE OF 243.90 FEET TO THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG THE NORTH LINE OF SAID -SOUTH HALF NORTH 88°5229" EAST, A DISTANCE OF 1969.28 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1447451, RECORDED OCTOBER 16, 1964 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WEST LINE OF SAID RECEPTION SOUTH 00°25'03" WEST, A DISTANCE OF 330.12 FEET; THENCE SOUTH 00021'58" WEST, A DISTANCE OF 262.96 FEET TO THE NORTHWEST CORNER OF RECEPTION NO. 1506174, RECORDED SEPTEMBER 26, 1967 IN THE WELD COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY LINES OF SAID RECEPTION NO. 1508174 AND RECEPTION NO. 1425433, RECORDED JANUARY 6, 1964 SOUTH 00025'03" WEST, A DISTANCE OF 725.09 FEET; THENCE NORTH 89005'39" WEST, -A DISTANCE OF 1971.04 FEET TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 1; THENCE ALONG SAID WEST LINE "SOUTH 00031' 00" WEST', 'A- DISTANCE OF' 81-:77--.. FEET TO THE CENTER ONE —QUARTER CORNER OF SAID SECTION 1; THENCE ALONG- THE -WEST "LINE' OF THE SOUTHEAST -QUARTER OF'_ SAID SECTION 1- SOUTH 00030'50" WEST, A DISTANCE OF 569.93 FEET; THENCE SOUTH 77038'06" WEST, A DISTANCE OF 1026.54 FEET; THENCE SOUTH 64001'48" WEST, A DISTANCE OF 738.44 FEET; THENCE SOUTH 40050'57" WEST, A DISTANCE OF 260.45 FEET; THENCE SOUTH 02°20'37" EAST, A DISTANCE OF 139.83 FEET; THENCE SOUTH 27032'10" WEST, A DISTANCE OF 323.24 FEET; THENCE SOUTH 71042'26" WEST, A DISTANCE OF 468.29 FEET; THENCE SOUTH 41041'53" WEST, A DISTANCE OF 270.68 FEET; THENCE SOUTH 63058'00" WEST, A DISTANCE OF 161.17 FEET; THENCE SOUTH 62058'03" WEST, A DISTANCE OF 295.73 FEET; THENCE SOUTH 30027'35" WEST, A DISTANCE OF 207.93 FEET; THENCE SOUTH 17005'42" WEST, A DISTANCE OF 200.47 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 282.992 ACRES. SHORES WEST PUD R—C LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE EAST ONE—HALF OF.THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 1, TOWNSHIP 2 NORTH, RANGE 68 WEST, WHENCE THE SOUTH ONE —QUARTER CORNER OF SAID SECTION 1 BEARS SOUTH 89"48'47" EAST 2742.46 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE ALONG 10 I llllll lllll lllll lllll lll� llllllll lllll 111 llllll 111 IN 3253239 01/14/2005 03:01P Weld County, CO ®Q.QO_ Steve Moreno Clerk & Recorder_,' THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2, NORTH 89023129" WEST, A DISTANCE OF 1294.07 FEET TO THE SOUTHWEST CORNER OF THE EAST CNE—HALF'OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE ALONG THE WEST LINE OF SAID EAST HALF NORTH 011124110" EAST, A DISTANCE OF 896.35 FEET; THENCE SOUTH 88°35150" EAST, A DISTANCE OF 30.00 FEET TO A POINT ON THE EAST RIGHT—OF— WAY LINE OF WELD COUNTY ROAD NO. 9 3/4 AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID EAST RIGHT—OF—WAY LINE NORTH 01024-10" EAST, A DISTANCE OF 1761.85 FEET TO A POINT ON THE NORTH.LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE ALONG SAID NORTH LINE SOUTH 89.017'33" EAST, A DISTANCE OF 656.79 FEET; THENCE SOUTH 00042'27" WEST, A DISTANCE OF 56.06 FEET; THENCE SOUTH 11056'39" WEST, A DISTANCE OF 173.47 FEET; THENCE SOUTH 12039'09" EAST, A DISTANCE OF 163.90 FEET; THENCE SOUTH 23°33'55" EAST, A DISTANCE OF•-334. 69 FEET; THENCE. SOUTH 10037-' 11• EAST, --A -DISTANCE -OF 212.51 .FEET; THENCE SOUTH C7015'12" WEST, A -DISTANCE OF 180.95 FEET; THENCE -.SOUTH- 17231 + 3'2"! WEST, --A-DISTANEE .OF 1.9.5. 08. FEET; -THENCE - SOUTH 35018'40" WEST, A DISTANCE OF 191.97 FEET; THENCE SOUTH 48043'53" WEST, A DISTANCE OF 212.76 FEET; THENCE SOUTH 66°55147" WEST, A DISTANCE OF 191.56 FEET; THENCE SOUTH 71°35'38" WEST, A DISTANCE OF 361.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 27.554 ACRES. BOOTH FARM, LOT 1 PUD R—C LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 1, BOOTH FARM MINOR SUBDIVISION PLAT, RECEPTION NO. 2842090, RECORDED APRIL 19, 2001 IN THE WELD COUNTY RECORDS. SAID PARCEL CONTAINING 19.562 ACRES. 11 IIIIIII IIIIIIIIII IIIII Illl llllllll lllll 111llllll ill IN 3253239 01/14/2005 D3:01P Weld County, CO � �12_ot 16 76.Uj _p jq.a0 Steve Moreno, Clerk & Recorder BOOTH FARM, LOT 2 PUD OS LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2, BOOTH FARM MINOR SUBDIVISION PLAT, RECEPTION NO.-2892090, RECORDED.APRIL 19, 2001 IN THE WELD COUNTY RECORDS. SAID PARCEL CONTAINING 32.565 ACRES. 12 llllllllllllllllll1111IIIIIIIIIIIIIIIIIIIIIII j � 9253239 01/14/2005 03• IIIIIIIIII 13 of 1� R 76.00 D 0.001 St Weld Moreno Cale k 11 Recorder EXHIBIT C The Shores Rezoning/ODP Amendment Conditions of Approval Sheet I 1. On the Vicinity Map, remove secondary roadways that currently do not exist (e.g. east -west road across Crossroads PUD). 2. Retitle the document to clarify it is an amendment of a portion of the previously approved ODP. Sheet 2 3. In the Owner/Developer section, reference the other .land owner shown in the title commitment as alfrecord owners will need to sign the ODp. 4. In the Technical Consultants section, remove individual games. 5. In the Project Concept section, replace the terms "most likely," "will likely" and "will most likely" with "are intended to." 6. In the .Project Concept section, third paragraph, remove the phrase "possibly neo-traditional." 7. In the Project Concep section, sixth paragraph, replace the word "dedicated" with the word "donated." 8. In paragraph three of the Protect Concept section, clarify that if attached single-family residential units are proposed at the time of Preliminary Development Plan, such land uses shall be compatible with and appropriately transitioned from other residential product types. 9. In the RRe ional Impacts section, replace the term "is paying its fair share" with "will pay the Town's then -current Impact Fees," and add at the end of such first sentence "in addition to completion of any regional infrastructure improvements that may be required at the time of development." 10. In the Utilities section, remove "Central Weld County Water District." 11. In the Utilities section add the statement "the Developer may also consider the formation of a Title 32 Special District to assist in public improvement financing, as may be approved by the Town." 13 11114�1 IIIII IIIII IIIII IIII I111111111111 III IIIIII III IN 3253239 01114/2005 03:01P Weld County, CO 14 of 15 R 76.00 0 0.00 Steve Moreno Clerk & Recorder 12. In the Service Re uirements section add a note at the bottom that says "At the time of this amended ODP it is understood that the Town is reviewing Fire and Ambulance services to the area." 13. In the Land Use and Zonina section remove the option for "dual zoning" with the NC/R-C . designation. Remove other references to such "dual zoning" in this section. 14. -In the Density section replace "R-C zoning" with "R-C .Land Use category," and insert "(limited independent living units only without congregate care or similar care)" after community. 15. In the Building Height section only the first sentence is necessary, as the other building heights are specified in the Development Regulations. .16. In -the Land. Use Tables_and.in the, text, clarify that RC uses maybe permitted -above retail commercial land uses only. Further clarify that such residential land uses shall be highly regulated and shall only -be -permitted if it car, be clearly demonstrated that they are an asset to the overall commercial development of the area. 17. In the Land Use Tables remove the term "PUD." 18. In the Land Use Tables remove "32.565 acre" reference to Open Space, as that land has already been donated to the Town. 19. In the Development Schedule section, the first paragraph is not necessary. 20. In the Development Schedule section, the first sentence of the second paragraph is not necessary. 21. In the Park Development section replace the word "dedicated" with "donated." 22. On the Firestone Information Block place the actual day, month, and year. Sheet 3 23. Remove Open Space legal description, as that property has already been donated to the Town. ChPPtC d k 1; 24. Remove "Area F." 14 e Illllllllllllllllllllllllllllllllllllllllllllllllllllll .: 3253239 '01I1412005 03:01P Weld County, CO �15 of 15 R 76.00 0 0.00 Steve Moreno Clerk & Recorder 25. Add surrounding property owner information, as required in the Firestone Development Regulations. 26. Remove references to "Booth Farm Filing 1;" "Booth Farm Filing 2; "High Plains at Booth Farms;" and the Commercial property, also remove these from the Vicinity Map. 27. Remove reference to "full movement." 28. Remove the letters PUD after land use categories. General 29. It appears from the tax certificates submitted with the application that portions of the property still need to included in the St. Vrain Sanitation District. 15 4v V-,V, A tOX w",koa— I G D. Co swS ORDINANCE NO. 522 AN ORDINANCE AMENDING SECTIONS 9.28.010 AND 9.28.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE TOWN'S CURFEW RESTRICTIONS AND PARENTAL RESPONSIBILITY REQUIREMENTS WHEREAS, the Board of Trustees has .previously adopted certain curfew restrictions for minors and parental responsibility requirements contained in Sections 9.28.010 and 9.28.020 respectively; and WHEREAS, the Board of Trustees wishes to amend these sections in accordance with the recommendations of the Youth Advisory Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Scctiun.1. Section' 9.28.010 is hereby repealed and reenacted to read as follows: 9.28.010 Curfew for minors. A. It is unlawfid for any person age thirteen or under to be or remain in or upon any street, alley, park, playground, school yard or any other public area at the following times: 1. From September 1" through May 3151: a. Between nine p.m. and five a.m. of the following day, Sunday through Thursday; and b. Between eleven p.m. and five a.m. of the following day, Friday and Saturday. 2. From June 1st through August 31`: a. Between ten p.m. and five a.m. of the following day, Sunday through Thursday; and b. Between eleven p.m. and five a.m. of the following day, Friday and Saturday. B. It is unlawful for any person age fourteen through seventeen to be or remain in or upon any street, alley, park, playground, school yard or any other public area at the foLowing times: 1. From September 1 " through May 31 a. Between eleven p.m. and five a.m. of the following day, Sunday through Thursday; and b. Between twelve a.m. and five a.m., Friday and Saturday. 2. From June I" through August 31 a. Between twelve a.m. and five a.m., Sunday through Saturday. C. The provisions of this section shall not be applicable to a minor who is: 1. Actively engaged in or returning directly home from lawful employment; or 2. Accompanied by a parent, guardian or other person of the age of at least twenty-one years, such other person having permission of the parent or guardian to have care and custody of such minor; or 3. Upon an emergency errand or legitimate business directed by the parent, guardian or other adult person having care and custody of the minor; or 4. Engaged in lawful interstate travel; or 5. When returning from an officially sanctioned school or religious event, activity or function when within one half-hour after the conclusion of such an activity, function or event. D. Violating curfew is a petty offense. Section.2. Section 9.28.020 is hereby repealed and reenacted to read as follows: 9.28.020 Parental responsibility. It is unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of eighteen years to knowingly permit such minor to be or remain in or upon any street, alley, park, playground, school yard or any other public area at times other than those permitted pursuant to Section 9.28.010; provided, however, the provisions of this section shall not apply to those instances excepted in Section 9.28.010. Violation of parental responsibility is a petty offense. Saijo u 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 )Jr,' day of �Yl �1 �' __ 52003. � as row '.• TOWN SEAL P own 5/23/03 9.59 AM [t bj\\2Utr er\mmpanySFneatonc\OrdlCurfewAmendment.doc /a TOWN OF FIRE ONE, COLORADO Michael P: Simone Mayor N`fl `•Y {AVol ORDINANCE NO.523 AN ORDINANCE AMENDING THE TOWN'S MANDATORY WATER RESTRICTIONS WITH REGARD TO A PERMIT SYSTEM FOR THE ESTABLISHMENT OF NEW LAWNS WHEREAS, the Board of Trustees has previously adopted certain mandatory water restrictions for use of the Town water system, effective May 8, 2003 and continuing in effect until November 20, 2003; and WHEREAS, the Board of Trustees has by resolution established a permit system to authorize additional water use for the establishment of new lawns; and WHEREAS, the Board of Trustees by this ordinance desires to confirm such permit system. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: section 1 _ Subsection A.4 of Section 1 of Ordinance 'No. 520 is hereby repealed and reenacted to read as follows: 1 1� ► M 11 1 i !1 r JI .!1 IIAII- •1! 1" 4. Upon application to the Town, a permit may be obtained to permit a residence or business one, three-week period per year of water use that is not subject to the water restrictions stated above, in order to facilitate the. establishment of a new lawn. The fee for such permit shall be $25.00, and the permit shall be posted on ,the property and subject to inspection by Town officials. The person applying for the permit shall affirm that the permit is requested solely to establish such a new lawn, and a false affirmation shall be grounds for revocation of the permit and imposition of the penalties established by the Town for unauthorized use of water. In addition to such a permit, a residence or business that is installing a new lawn shall be permitted one additional day per week of lawn watering, upon which watering shall be allowed only as necessary to establish such new lawn. For even numbered addresses, such additional day shall be Tuesday. For odd numbered addresses, such additional day shall be Monday. Section 2. Subsection B.2 of Section 1 of Ordinance No. 520 is hereby amended by the addition of ", Firestone Town Hall" after "Onorato Park.". 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 Z2 ^ day of ` -P'l , 2003. ONE �5 .......... •'�0�%� a 'a :yam �lo�oQ 000IJ dy H ood Town Clerk 5/23103 956 AM[sjl]F:lptitulFirestone\OrdlWaterRestrictionsAmendmeot 2 TOWN OF FIRESWNE, COLORADO Michael P. Simone Mayor J ORDINANCE NO. S2 -9 AN ORDINANCE AMENDING SETBACK, BULK AND HEIGHT REQUIREMENTS IN THE COMMERCIAL INDUSTRIAL (C-M) ZONE DISTRICT WHEREAS, pursuant to state law, including but not limited C.R.S. §31-23-301 et se ., the Town is authorized to enact zoning regulations to, among other things, regulate the location and use of buildings, structures and land for commercial, residential, industrial and other purposes; and WHEREAS, the Board of Trustees desires to amend certain setback, bulk and height requirements within the Commercial Industrial (C-M) zone district; and WHEREAS, the Firestone Planning and Zoning Commission after notice and hearing has recommended te Board of Trustees adopt the amendments set forth in this ordinance; 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. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section '17.20.060 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are strielegl�): 17.20.060 Commercial and industrial density schedule. C1 C2 CM MI M2 Minimum setback in feet from right-of-way line A. of street 50 50 5*0 50 50 Minimum rear setback from rear lot line in B. feet Floor area ratio. as a percentage C. of lot area 20 15 10 10 10 30% 30% 8-30% 30% 30% One space for every 350 square feet of floor space, except hotels and motels, and other rental units, which must have one space for every rental D. Parking spaces unit E. Maximum height 40 feet or 3 sterie� Minimum floor space applicable to hotels, motels, rooming houses. Must be 500 feet for each rental or other rental unit, 300 square feet for each hotel F. unit or motel rental unit * Setback in CM District is five (5) feet from right-of-way line of street, or three (3) feet from back of sidewalk, whichever is more restrictive. ` 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 this 2 Z nd day of N1 YA Y , 2003. TOWN OF FIRE ,,SNE ••• \O�% i 5 SE�►� Michael P. '• = o Mayor ON E-WMENUFA •.i: 'M H 5/28103 l 1:24 AM [twb] F:\Company\Firestone\Ord\C-MZor ingDistAmend.ord.doc 2 L ,COLORADO ORDINANCE NO. J a S AN ORDINANCE AMENDING SECTIONS 16.12.050, 17.22.060 AND 17.22.065 OF THE FIRESTONE MUNICIPAL CODE REGARDING PRELIMINARY SUBDIVISION PLATS AND PUD DEVELOPMENT PLANS WHEREAS, the Board of Trustees desires to amend portions of the Firestone Municipal Code to extend -the approval period for. outline development plans, to extend the processing period for preliminary plats and preliminary development plans, and to make other revisions to related subdivision and PUD regulations; and WHEREAS, the Firestone Planning and Zoning Commission after 'notice and hearing has recommended the Board of Trustees adopt the amendments set forth in this ordinance; 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. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 16.12.050 of the Firestone Municipal Code is hereby amended to read through) : as follows (words added are underlined; words deleted are stex 16.12.050 Submission and statement of -compliance.' A. Within one three years from the approval of the preliminary plat, the following shall be submitted to the seeretary of the p6%-fing eewxpfissie a4 least ten days prior- t neetifig for- the phwAflfig e6fiffnission's 1. A, coM blete fFinal plat application, including_ all submittal materials and supporting information, in the forms and as&W-six required by state law, town ordinances and the Firestone Development Regulations ;and 2. Copy of the final approval and signed preliminary plat and any information required to satisfy and outstanding conditions of approval for such pre!WhI r,plat. wfinen statement t o B. The final plat application shall.not be considered complete until a cost agreement and all required submittal materials have been submitted in the forms and amounts required by the Town, and the application has been determined complete by Town staff. CB. If more than exe three years elapses before compliance with this section, a new preliminary plat must be filed. 1 Section 2. Section 17.22.060 of the Firestone Municipal Code is hereby amended to read thr-eugh): as follows (words added are underlined; words deleted are striAen 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 provide notice and 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. Approval of the ODP application shall constitute approval of the outline development plan only, and such; h approval shall be valid for tentwe 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 any vested property rights. Such approval shall allow the applicant to proceed to the next development plan stage, subject to compliance with the time limits set forth in this subsection and the other requirements of this chapter and the Firestone Development Regulations. Section 3. The first paragraph of Section 17.22.065 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are striek-en through): 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. An approved PDP shall be valid for no more than three years within which time a final development plan must be submitted for all or a portion of the area covered by the PDP. The a roval of a PDP shall not result in the creation of any vested propM rights. .Such approval shall allow the applicant to proceed to the next development plan stake, subject to compliance with the time limits set forth in this subsection and the other requirements of this chapter and the Firestone Development Regulations. 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. 2 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 ZiJ day of —M�, 2003. TOWN OF FIRES , ��RS tpN� COLORADO ;•• rows •''•;. �. _ _ . SEAL W"u" dy He ood Town Clerk Mayor 5/=03 7:18 PM [twb] F:�Company\Firestone\Ord\PDPODPPrelimPlatTimeAmend ord doc . Simone 91 •. � l �Illllll lllll III �IIII llll loll � l Illlll IIIII Illll lull lil , CO 3253240 01/1412005 03:01P Weld CouRty, 6 R 31.00 U 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. 5 AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR NEIGHBORS POINT WHEREAS, I & J Partnership, LP, and the Neighbors Family, as owners and applicants, have 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 157.36 acres, which property is known as the Neighbors Point subdivision and formerly known as the Neighbors Annexation; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public hearing 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 May 21, 2003 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 June 12, 2003; 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 Neighbors Point, which property is legally described on Exhibit A, attached hereto and in 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 -� IIIfNlffllfllllllllflllllllllllllllllllllfllllllllllfl 3253240 01/1412005 03:01P Weld County, CO 2 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Recorder_-,, conditions set forth in Exhibit B. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of u 12003. *%REST®�� wft SEAL ri�ST: • o y Hegy o d own Clerk Mayor 6112103 2:15 PM[kkb] F:kCompenyTirestoneNOrdWeighborsPoint.ODPamend(approval).doe 2 11111111111IIII11111111 II 11111111 HE 11111111111111 3253240 01/14/2005 03:01P Weld County, CO 1 �3 of 5 R 31.00 O 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Rezoning/ODP Amendment Neighbors Point PROPERTY DESCRIPTION: THAT PORTION OF THE SOUTH WEST 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 QUARTER OF SAID SECTION 12 AND CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12 AS BEARING N00027'08"W AND ALL BEARINGS CONTAINED HEREON RELATIVE THERETO: THENCE NORTH 06011'33" EAST, A DISTANCE OF 432.10 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00027'08" WEST, A DISTANCE OF 2231.69 FEET; THENCE SOUTH 89058'03" EAST, A DISTANCE OF 2670.83 FEET; THENCE SOUTH 00000'54" WEST, A DISTANCE OF 2682.12 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 1969.94 FEET; THENCE NORTH 00028'35" EAST, A DISTANCE OF 30.00 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 200.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 199.76 FEET; THENCE NORTH 00027'08" WEST, A DISTANCE OF 200.00 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 480.00 FEET; TO THE POINT OF BEGINNING; CONTAINING 6,854,663 SQUARE FEET, OR 157.36 ACRES, MORE OR LESS. 3 444114111141411411141414111444I14111414111 � 4 253 4 Q 011 . P Weld county, Co t 325324Q 01l14F2005 03.01 J �4 p1 B _R 31.00 R o.00 Steve Moreno Clerk & Recorder EXHIBIT B Rezoning/ODP Amendment Conditions of Approval Neighbors Point Amended ODP General 1. Remove the reference to Roads 22 and 11 in the Vicinity Map. Also, remove the noted references to County Roads in the ODP text and on the ODP map. 2. Correct the acreage discrepancy between the Existing ODP and the proposed Amended ODP. In the Project Conceit section, change "good quality" to "high quality" and reference such as relating to architectural techniques and superior site design methods. 4. In the Project Conceit section, change 6,500 to 7,000; 8,000 to 8,500 and 10,000 to 10,500. In the Project Conceit section, change 400 DUs to 360 DUs. 6. The Environmental Information section should reference the specific report title and date. The term "ESA" should also be defined. 7. In the Circulation System section, modify the last phrase of this section to read "and to any existing or planned off site trail systems." In the GradingCpt section, note that grading for the central park area would be as needed to accomplish the construction of the park as approved during the PDP and FDP processes. 9. In the Land Use and Zoning section, remove the first sentence as it is not relevant to this proposed amendment. 10. In the Land Use and Zoning section, in the second paragraph at the end of the first sentence add "as specified in the Firestone Comprehensive Plan". 11. In the Land Use and Zoning section, clarify the statement "a variety of housing types" to be consistent with the Project Concept language relative to "high quality" and the set minimum lot sizes. 12. In the Land Use and Zoning section, second paragraph, second sentence, remove the capital letter on the word "unincorporated". 13. In the Land Use and Zoning section, second paragraph, last sentence, there appears to be improper references to the Monarch Estates density as its platted amount. Also remove the reference to Stoneridge, as the final approved density has not been established. 4 j �I IIIIII III 11 lllll 11111 IIII Illlllll lllll III 11111 Illl IIII 3253240 01/14/2005 03:01P Weld County, Co —5-oi B R 31.00 C 0.00 Steve Moreno Cferk 4 Recorder 14. In the Development Schedule section, describe a general location of where construction is planned to start. Remove references to the PDP. 15. Note "Trees" as "Existing Ttees" if they are existing. 16. In the Land Use Table remove the acreage for HOA open space for areas other than what is shown on the ODP plan. Also, in note "*" replace the word "some" with "additional". 17. Remove Land Use Table note "* *" 18. The proposed Preliminary Plat is not consistent with the proposed Amended ODP relative to the detention ponds being dedicated to the Town vs. the HOA. Modify the ODP to be consistent with the Preliminary Plat. 19. In the Notes section, add to end of Note 2: "that are consistent with Town Codes, Ordinances and Regulations and other controlling governmental entities". 20. On the ODP map, remove "Public" above "Open Space" on the central area. 21. Show the existing potable water well location on the ODP map. 22. Add the zoning for the additional properties that are adjoining but are not shown. 23. Remove the "R-C" land use category designation from the Stoneridge PUD and also remove the word "(proposed)". 24. Modify documents pursuant to comments from the Town Engineer. 25. Add a reference to the Town Board resolution number in the Town Approval block to the ODP, PDP and Preliminary Plat. 26. Move the Town Approval block and the applicants' Acceptance block to the first sheet of the ODP. 27. Clarify size of Tracts C and D so they are noted consistently throughout the ODP, PDP and Preliminary Plat. 28. Note location of all existing and future oil and gas wells on the site. 61 . � Iillllllllllllllllulllllllllllllllllll Illlllllllllllll 3253240 01/1412005 03:01P Weld County, CO ` A „f R R 31 nn n n.no Steve Moreno Clerk & Recorder EXHIBIT C Rezoning/ODP Amendment Legal Descriptions of Rezoned Areas Neighbors Point [Insert legal descriptions for rezoned areas] n V �� ��� [ o O �� r� s�� � � �a �z a r ��� � II IIIIII illll III IIIIIIII III-lilll IIII IIII � , IIIIIIIIIIIIIII 3= 3195359 07/02/2004 01:35P Weld County, CO 1 of 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO.527 AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE TO THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J OF A SCHOOL SITE OWNED BY THE TOWN AND DESCRIBED AS PARCEL 1 OF DOLLAGHAN P.U.D. PHASE III. WHEREAS, pursuant to deed recorded December 21, 2000 at Reception No. 2814710, Weld County Records, the Town of Firestone is the owner of certain real property legally described as Parcel 1 of Dollaghan P.U.D. Phase III, the plat of which recorded thereof, County of Weld, State of Colorado (hereinafter "the Property"); and WHEREAS, the St. Vrain Valley School District RE- IJ ("District") has requested conveyance of the Property to the District for the,construction of a middle school and related facilities; and WHEREAS, the Board of Trustees has determined that the conveyance of the Property to the District, upon the condition that a school and related facilities be completed on the Property, will serve . the purpose for which the. Property was acquired, and that the Property is not being used or held for . park purposes or any other governmental purpose; and WHEREAS, pursuant C.RS. 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: Sectinn i , The Board of Trustees hereby approves the sale and conveyance from the Town of Firestone to the St. Vrain Valley School District RE-1J ("District") of that certain real property legally described as Parcel 1 of Dollaghan P.U.D. Phase III, the plat of which recorded thereof, Count;,, of Weld, State of Colorado (hereinafter "the Property"). Seetian 2. Such sale and conveyance shall be for no monetary consideration, and upon condition that by January 1, 2006 Grantee shall complete construction of a school and related facilities on the Property. The Property shall be conveyed by special warranty deed in "as &' condition. The Mayor is authorized to execute on behalf of the Town a special warranty deed for the conveyance of the Property to the District upon such condition 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 District shall pay for any title insurance, and for all recording costs and other costs incidental to the sale and conveyance. Seetiuu-3. Nothing herein shall constitute or be interpreted as a waiver of the Town's _ - _______ _ 1111111111111111111111 111111111111111111111 �k& 111111lllll 4 01:35P Weld Countyecorder 3195359 071021200 2 of 2 R 11.40 D 0.00 Steve Moreno Cle iegisiative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants, or affect or impair the authority of the Town to enter . into future agreements respecting the Property. Section 4. The condition upon conveyance set forth in Section 2 of this ordinance is a material consideration of the Board of Trustees' adoption hereof, and such provision is not severable herefrom. Except for the foregoing, 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, and the Board of Trustees hereby declares that it would have passed this ordinance and each such other part hereof irrespective of the fact that any one part be declared invalid. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISBED IN FULL this 2-6+' day o2003. fie- 0 NF .• .�pWN SEAS ° o es Q zz .� Crniu[`l. 4od wn Clerk 6/27103 10:29 AM[sjl]F:IOFFICEIFirestontlOrd\StVisinSchoolTtansfer.otd (non -emergency) TOWN OF FIRESTONE, C 0 Michael R Simone Mayor 2 �, Ft 4--u Y n To Box 1 CU J -Fro SZv - •FAY: YUa� '•,.'1e_ -t _'�'tti r d iY s n` f The Town of Firestone 151 Grant Avenue P.O. Box 100 Firestone, CO 80520 ORDINANCE N0: 528 AN ORDINANCE AMENDING SECTION 17.16.070.E OF THE FIRESTONE MUNICIPAL CODE, CONCERNING PARKING AND STORAGE OF VEHICLES AND OTHER ITEMS ON RESIDENTIAL LOTS. WHEREAS, C.R.S. §31-23-301 et sec}. authorizes the. Town to establish zoning districts within the Town; and WHEREAS, C.R.S. §24-67-101 et se- 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 within the Town; and WHEREAS, the Town has previously adopted certain construction, design, landscaping and other performance standards for all new residential dwellings, including standards parking of vehicles on residential dwellings; and WHEREAS, the Town desires to amend the existing standards for front and side yard parking to prohibit the parking of tractor trailers on residential lots smaller than one acres, to provide that all vehicles, trailers, campers and similar items are parked solely upon an all weather surface, and to adopt other related standards; and WHEREAS, the amendments to the introductory portions of Section 17.16.070 that are adopted herein are intended to clarify existing law that the residential standards therein apply to all residential lots; and WHEREAS, the Board of Trustees finds that such amendments will f rther the public health, safety, and general welfare for the purposes set forth in C.R.S. §24-67-102(c) through 0) 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: Sectionl. The title, introductory paragraph and Subsection E of Section 17.16.070 of the Firestone Muricipal 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 1, use categoriesI ' districts. ' Additional standards for R-1, R-2 and R-3 districtsand for residential land use rnte2orieswithin P11 district shall1-as selforth 1 this sectioin Where e=ssd Y.'1 1Y.11.1 1. fiirther aMI34to any 1'1tial lot .1l1 the to.111/Ir•, E. PqrkiD2 and Y 1 . - "Y ■ f l for motor 1 trailen, cam.1.- and hoats shallhe as\ 1 , L—No motor vehic trailer, cam= or boat may be parked in the front yard defined inqedion / ■- yard of a residential1 within any zone �ktriet of the town except on a paved or graveled driveway which is intended for parking or access to a garage or carport or an area adjoining %uch driym&03� that nmyidesfor not more I+i •1-extm .1- ■1 -••r YIInot --r--d - a No semitrailer mayhe Darked an any r - 1ial lotwithin any 1 1 ' distdcl of the tn JI Cimotor vehirle" hns the meaningsetout 1 1- Model Iraffly11- for Colund• 1l 1 1. 1\11 time to time adopted by ordinance of.th- MTOWel r 1 - - I= 1WHIOM01.1111J1 1 11 1 f' r .11 1 . 111 f 1 -. 1/ IN119M.1 wiLIAKI 64 •. 1 111 1-- 111 1 -r .11/- 1 1 1" i/- \ il! 1 -1 1 . 1-- -1 ■ / -H 1. 1' H'.1 1' - • 1 1. 1�•f' 11 11- 1 \ A .11 �/ 1 Mg.ITOW 1\11 11- \ 11- .Itr "1 1 \ 1 1.1 - 1 1- 1.•• f • r 1 rEl 1 Y1 1 1' .1 -1 •111111 Spctiun.7. Section 17:16.070 of the Firestone Municipal Code is hereby amended by the addition of a new subsection F to read as follows (words to be added): 1 1 I Additional standardsfor ` and districts1 reAdential I and use categoriesI PUD districts. P It shall he iinlawfiil to loyate any roll -off trash container or Iragh 11 1" 1 .1 1u 1 • r 11 g 1. 1 11 . r 1 / / Y"- 1 - 1-1 • 1 1 •1'1Y■ \ 1- 1J1.11• 1AY1/+11�. '•i' m fil I IF, I ! Too ! . 1 i 1 - rll - 1 - 1 1 • . • Y 1 K 1 \ 1 . kl - w 1 . 1.- 1 - MrAM-17=11CWWor-MIM. HIM . 1 .• 1' Section 3. The amendments to Firestone Municipal Code section 17.16.070.E.1 adopted by 1) this ordinance shall not be construed to require the removal of any extra lane parking area in excess of one lane if such area was installed prior to September 5, 2003. , Section 44. 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. Seetinn 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 & 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 7_ Section 1 of this ordinance shall become effective January 1, 2444. INTR DUCED, READ, ADOPTED, APPROVED, AND. ORDERED PUBLISHED IN FULL 1his2y of , 2003. TOWN OF FIRE 0 , COLORADO ,Op E ONF ;•'•TOWN Michael P. Simone SEAL, Mayor. Attest: own 7/29/03 910 0 AM[sjl]F.1Office\Fieestone\OrdlParldng5tandares N' >c;".. 0711 t00,93 (fir1t''"l 2� -- - - ORDINANCE NO. Saq AN EMERGENCY ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE TO THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J OF A SCHOOL SITE OWNED BY THE TOWN AND.DESCRIBED AS PARCEL 1 OF DOLLAGHAN P.U.D. PHASE III. WHEREAS, pursuant to deed recorded December 21, 2000 at Reception No. 2814710, Weld County Records, the Town of Firestone is the owner of certain real property legally described as Parcel 1 of Dollaghan P.U.D. Phase III, the plat of which recorded thereof, County of Weld, State of Colorado (hereinafter "the Property"); and WHEREAS, the St. Wain Valley School District RE-IJ ("District") has requested conveyance of the Property to the District for the construction of a middle school and related facilities; and WHEREAS, the Board of Trustees has determined that the conveyance of the Property to the District, upon the condition that a school and related facilities be completed on the Property, will serve the purpose for which the Property was acquired, and that the Property 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: Sec6nn 1. The Board of Trustees hereby approves the sale and conveyance from the Town of Firestone to the St. Vrain Valley School District RE-1J ("District") of that certain real property legally described as Parcel 1 of Dollaghan P.U.D. Phase III, the plat of which recorded thereof, County of Weld, State of Colorado (hereinafter "the Property"). Section 2. Such sale and conveyance shall be for no monetary consideration, and upon condition that by January 1, 2006 Grantee shall complete construction of a school and related facilities on the Property. The Property shall be conveyed by special warranty deed in "as is" condition. The Mayor is authorized to execute on behalf of the Town a special warranty deed for the conveyance of the Property to the District upon such condition. 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 District shall pay for any title insurance, and for all recording costs and other costs incidental to the sale and conveyance. 1 TIN11 9• . � .1 20f Section 3 Nothing herein shall constitute or be interpreted as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants, or affect or impair the authority of the Town to enter into future agreements respecting the Property. Section 4. The condition upon conveyance set forth in Section 2 of this ordinance is a material consideration of the Board of Trustees' adoption hereof, and such provision is not severable herefrom. Except for the foregoing, 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, and the Board of Trustees hereby declares that it would have passed this ordinance and each such other part hereof irrespective of the fact that any one part be declared invalid. Section 5. 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 timely effectuate the transfer to the District of the property described herein, and that this ordinance shall take effect July 10, 2003, provided the same has been adopted and signed by the Mayor and approved by two-thirds of the entire Board of Trustees. The effective date of this ordinance shall be controlling over the effective date of Ordinance No.;5z7 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of jt,t I U , 2003 y Hegw Town Clerk 711V03 4:24 PM[s}1]F:\OFFICE\Firestone\Ord\StVrainSchoolTraWer.ord (7-10-03 emergonq) 2 TOWN OF FIRESTONE, Michael P. Simone Mayan JL rm 4o e The Town of i iresme 151 Grant Avenue F.-O. Box 100 Firestone, 00 80520 ORDINANCE NO.530 AN EMERGENCY ORDINANCE AMENDING THE TOWN'S MANDATORY WATER RESTRICTIONS WHEREAS, the Board of Trustees has previously adopted certain mandatory water restrictions for use of the Town water system, effective May 8, 2003 and continuing in effect until November 20, 2003; and WHEREAS, the Board of Trustees by this ordinance desires to make certain amendments to such restrictions and to the permit system which authorizes additional water use for the establishment of new lawns. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection A of Section 1 of Ordinance No. 520, is hereby repealed and reenacted to read as follows: 1. Lawn watering for all residential lawns and commercial landscape areas is prohibited between the hours of 10:00 a.m. and 6:00 p.m. 2. Lawn watering for residences and businesses with an address ending in 0, 1 or 2 is permitted on Tuesdays and Fridays only. 3. Lawn watering for residences and businesses with an address ending in 3, 4, 5 or 6 is permitted on Wednesdays and Saturdays only. 4. Lawn watering for residences and businesses with an address ending in 7, 8 or 9 is permitted on Thursdays and Sundays only. 5. Upon application to the Town, a permit may be obtained to permit a residence or business one, three-week period per year of water use that is not subject to the water restrictions stated above, plus one extra watering day per week for four weeks immediately after such three-week period, in order to facilitate the establishment of a new lawn. Once the permit expires, the property must comply with all restrictions stated above. The fee for such permit shall be $25.00, and the permit shall be posted on the property and subject to inspection by Town officials. The person applying for the permit shall affirm that the permit is requested solely to establish such a new lawn, and a false affirmation shall be grounds for revocation of the permit and imposition of the penalties established by the Town for unauthorized use of water. For addresses ending in 0, 1 or 2, the additional day of watering allowed under the permit shall be Sunday. For addresses ending in 3, 4, '5 or 6, the, additional day of watering allowed under the permit shall be Monday. For addresses ending in 7, 8 or 9, the additional day of watering allowed under the permit shall be Tuesday. Segfion 4. The mandatory water restrictions set forth in Section 1 of this Ordinance shall be effective July 10, 2003, and shall continue in effect until November 30, 2003. Sectinu 5. 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 timely effectuate the water saving measures set forth herein, and that this ordinance shall take effect July 10, 2003, provided the same has been adopted and signed by the Mayor and approved by two-thirds of the entire Board of Trustees. 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. Seelisa8. Section 1 of Ordinance, No. 523 is hereby repealed. 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 10th day of July, 2003. TOWN OF FIRESTO , COLORADO Michael P: Simone Mayor 2 SAL . ' S A. e • ;�oo Ooou,°0 y Hegw l3 Town Clerk 7/11103 I :18 PM[sj[jF:lOfft=\Firesrone\Ord\W aterRestridonsAmendment2 ORDINANCE NO.531 AN ORDINANCE CREATING A NEW CHAPTER 8.20 OF THE FIRESTONE MUNICIPAL CODE IMPOSING LIMITATIONS ON SMOKING IN PUBLIC PLACES WITHIN THE TOWN OF FIRESTONE. WHEREAS, pursuant to C.R.S. § 31-15-401(1)(b), the Town may do all acts and make all regulations which may be necessary for the promotion of health or the suppression of disease; and WHEREAS, C.R.S. § 25-14-105 authorizes the Town to adopt ordinances to regulate smoking within the municipality; and WHEREAS, there exists substantial scientific evidence that exposure to second hand smoke in confined spaces has significant health effects and may cause cancer, heart disease and various other medical conditions; and WHEREAS, exposure to second hand smoke') in confined places is shown to cause eye, nose and respiratory irritation; and WHEREAS, the Board of .Trustees finds that the smoking of tobacco is a form of air pollution, a positive danger to health and a material annoyance, inconvenience, nuisance, discomfort and a health hazard to those who are present in confined spaces and poses a hazard to public health, safety and general welfare; and , WHEREAS; the Board of Trustees finds that it is in the best interest of the public health, safety and general welfare to impose limitations on smoking in public places within the Town as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Title 8 of the Firestone -Municipal Code is amended by the addition of a new Chapter 8.20 to read as follows: Chapter 8.20 SMOKING IN PUBLIC PLACES PROHIBITED Sec. 8.20.010 Intent; effective date. Sec. 8.20.020 Definitions. Sec. 8.20.030 Prohibitions. Sec. 8.20.040 Smoking prohibited in outdoor restaurants. 1 Sec. 8.20.050 Smoking areas in restaurants. Sec. 8.20.060 Signs required to be posted. Sec. 8.20.070 Additional responsibilities of proprietors. Sec. 8.20.080 Enforcement. Sec. 8.20.010. Intent; effective date. In order to protect the public health, safety, comfort and general welfare, and because tobacco smoke is a positive danger to health, it is the declared purpose of this chapter to prohibit smoking in areas which are used by or open to the public unless such areas are permissible smoking areas pursuant to this chapter. The provisions of this chapter are effective September 5, 2003. Sec. 8.20.020. Definitions. For the purposes of this chapter, the following terms, phrases, words, and their derivatives shall have the meanings given in this section, except where the context clearly requires a different meaning: . Building means any structure enclosed for protection from the weather, whether or not windows or doors are open. If a person leases or possesses only a portion of a building, the term building applies to the leasehold or possessory interest in such portion as well. Club means an establishment licensed as a club under the liquor laws of the State of Colorado. Dwelling means any place used primarily for sleeping overnight and conducting activities of daily living, including without limitation a hotel or motel room or suite or hospice, but not the lobby of a hotel, motel or hospice, common elevator, common hallway or other common area. Independently ventilated means that the ventilation system for the area in which smoking is permitted and the ventilation system for any nonsmoking area do not have a connection which allows the mixing of air into the smoking and nonsmoking areas. Physically separated means that there are physical barriers such as walls and doors extending from floor to ceiling that prohibit smoke from entering a nonsmoking area. Restaurant means an establishment licensed as a hotellrestaurant under the liquor laws of the State of Colorado, or an establishment whose principal business N is the retail sale of prepared food and beverages and has seating for on -premises consumption of food. Smoke or smoking means and includes, but is not limited to, the lighting of any cigarette, cigar or pipe or the possession of any lighted cigarette, cigar, or pipe, regardless of its composition. Tavern means an establishment licensed as a tavern under the liquor laws of the State of Colorado. Tobacco product means cigarettes, cigars, cheroots, stogies, periques and other products containing any measurable amount of tobacco, granulated, plug cut, crimp cut, ready rubbed and other smoking tobacco, snuff, snuff flour, Cavendish, plug and twist tobacco, fine-cut and other chewing tobaccos, short, refuse scraps, clippings, cuttings and sweepings of tobacco, and other kinds and forms of tobacco. Tobacco store means a retail business open to the public which receives more than fifty percent (50%) of its gross revenue for such business location from the retail sale of cigarettes and tobacco products, ,or products related to the use of cigarettes and tobacco products. See. 8.20.030. Prohibitions. A. No person shall smoke within any building except in one of the following locations: l . In any dwelling. This exception. does not extend to a lobby, common elevator, common hallway or any other common area of a building containing attached dwelling units, hotel rooms or motel rooms, but if a hospital, hospice or nursing home permits smoking in its dwelling rooms, smoking is not allowed in any room shared with a nonsmoker without that person's consent; 2. In a room or hall being used by a person or group for a private social function that is not open to the public; 3. In any home based business; 4. In a tobacco store; 5. In a designated smoking area in a restaurant as provided in Section 8.20.050 of this Chapter; or 3 6. In a tavern or club. B. Unless excepted under subsection A above, the prohibitions of this chapter apply to all buildings which serve as places of work, but this subsection B neither enlarges or diminishes the. meaning of subsection A. C. Nothing in this chapter shall prevent an owner, lessee, principal manager or person in control of any place, including without limitation any motor vehicle, outdoor area or dwelling, from prohibiting smoking completely in such place, and no person shall fail to abide by such a private prohibition. Sec. 8.20.040. Smoking prohibited in outdoor restaurants. No person shall smoke within the exterior boundaries or fences of an outdoor eating area of a restaurant. Sec. 8.20.050. Smoking areas in restaurants. A. The owner, lessee, principal manager or person in control of . a restaurant may designate one (1) smoking area of no more than fifty percent (50%) of the square footage of the floor area of the establishment which is open to the public'so long as the smoking area meets all of the following criteria: 1. It is independently ventilated from the nonsmoking areas; 2. It is physically separated from the nonsmoking areas; 3. The area does not include any waiting area, lobby, hallway, elevator, restroom or area adjacent to a self-service ' food line or cash register, and such areas shall also be excluded from the calculation of the square footage of floor area under this subsection; and 4.. Any food or drink service or amenity that the establishment chooses to provide to patrons, other than smoking, shall at all times be at least as available in the nonsmoking portion of the establishment as in the designated smoking area. B. The Town building inspector shall verify that a restaurant meets the requirements of Sections A.1 and A.2. C. No owner, lessee, principal manager or person in control of a restaurant which designates a smoking area shall fail to maintain it in accordance with the requirements of this chapter. 4 D. If patron seating at an establishment with a designated smoking area is directed by an employee, then _ no owner, lessee, principal manager or person in control of the establishment shall fail to ensure that such employee asks each patron for the patron's preference for seating in a no -smoking or a smoking area. If patron seating at an establishment is not directed by an employee, then no owner, lessee, principal manager or person in control of the establishment shall fail to post a conspicuous sign on all public entrances or in a position clearly visible on entry into the establishment advising patrons that such a no -smoking area is available and where it is located. Sec. 8.20.060. Signs required to be posted. To advise persons of the existence of "No Smoking" or "Smoking Permitted" areas, no owner, lessee, principal manager or person in control of a building or an outdoor restaurant shall fail to post signs with letters no less than one. (1) inch high or symbols no less than three (3) inches high as follows: (1) Where smoking is prohibited in the entire establishment and where all or part of the restaurant is outdoors, a sign using the words "No Smoking" or the international no -smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building. (2) In a building where certain areas are designated as smoking areas pursuant to this chapter, a sign using the words "No Smoking Except in Desigr-ated Areas" shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building. (3) In a building or establishment where smoking is permitted in the entire building or establishment, a sign using the words "Smoking. Permitted" or the international smoking symbol shall be posted conspicuously either on all public entrances or in a position clearly visible on entry into the building or establishment. (4) If an ashtray or other receptacle for extinguished smoking materials is located in a building, except in an area where smoking is permitted, then a sign with the international no -smoking symbol and letters no less than one (1) inch high using the words "No Smoking" and three-quarters (314) inch high using the words "Extinguish Here" shall be posted within twelve (12) inches above each such ashtray or other receptacle. (5) The requirements of this section do not apply to an exempt dwelling. Sec. 8.20.070. Additional responsibilities of proprietor. No owner, lessee, principal manager or person in control of a building or establishment or an outdoor restaurant shall fail to: (1) Ask smokers to refrain from smoking in any no -smoking area; (2) In a restaurant, if smoking is allowed, affirmatively direct smokers to desi;nated smoking areas; and (3) Use any other means which may be appropriate to further the intent of this Chapter. Sec. 8.20.080. Enforcement. A. The town administrator or the town administrator's designee shall be responsible for ensuring compliance with this chapter with regard to facilities which are owned, operated, or leased by the Town. B. Any person convicted of violating any provision of this chapter shall, upon conviction, be punished by a fine of not more than three hundred dollars, ($300.00), for each offense. Such person may also be enjoined from any further or continued violation hereof. In determining the sentence to be imposed, the judge shall consider the frequency and duration of the violation, the size of the establishment, whether the violation was knowing or not, and other relevant factors. Imprisonment shall not be imposed as a penalty for any violation of this chapter. Each day any violation of this chapter shall continue shall constitute a separate offense. Section 2. If any article, section, paragraph, sentence; clause, or phrase of this J 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 3. The repeal or modification of any provision of any prior ordinance 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 judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 2 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 10" day of 2003. TOWN OF FIRESTONE, COLORADO ��sYOlVF� r' TOWN. S� NJ �o oc��,Go�o4 3 y Hegw' d Town Clerk 7131/03 3:02 PM[hvb]F:1Company\Firestone10rd1SmoldngBen (final) V1 Michael P. Simone Mayor ORDINANCE NO.532 AN ORDINANCE EXTENDING THE TOWN SALES TAX TO THE SALE OF FOOD AND SUBMITTING THE QUESTION THEREOF TO THE REGISTERED ELECTORS OF THE TOWN WHEREAS, the purpose of this Ordinance is to extend the Town sales tax to the sale of food and to submit the question thereof to the registered electors of the Town. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Seetinn 1- Subsection A of Section 3.08.030 of the Firestone Municipal Code is amended to readd as follows (words added are underlin: words deleted are stikken dira): 3.080.030 Applicability. This chapter shall take effect July 1,1986, and shall apply to: A. A sales tax on the sales of tangible personal property, and services in the town that are taxable pursuant to CRS 39-26-104, together with amendments thereto and subject to the same exemptions as those specified in CRS 39-26-114, excludmlg the exemption specified in CRS 39-26-1 14(1)(-g)=) for sales of food (which food sales shall l,P taxed p1FP[ true .Tanllal'V 1 6 4) and_the exemption specified in CRS 39-26-114(1)(a)(XXI), but including: 1. The exemption of machinery or machine tools as provided in CRS 39-26-114(11); and 23. All sales of personal property on which a specific ownership tax has been paid or is payable shall be exempt from the sales tax when such sales meet both of the following conditions: a. The purchaser is a nonresident of or has his principal place of business outside of the local taxing entity, and b. Such personal property is registered or required to be registered outside the limits of the local taxing entity under the laws of this state; 3.4. In addition, no sales tax shall apply to the sale of construction and building materials, as the term is used in CRS 39-26-109, if such materials are picked up by the purchaser and if the purchaser of such materials presents to the retailer a building permit or other documentation acceptable to such local government evidencing that a local use tax has been paid or is required to be paid; 45. No sales tax shall apply to the sale of tangible personal property at retail or the furnishing of services if the transaction was previously subjected to a sales or use tax lawfully imposed on the purchaser or user by another statutory or home rule city and county, city or town. A credit shall be granted against the sales tax imposed by the subsequent statutory or home rule city and county, city or town with respect to such transaction equal in amount to the lawfully imposed local sales or use tax previously paid by the purchaser or user to the previous statutory or home rule city and. county, city or town. The amount of the credit shall not exceed the sales tax imposed by the subsequent statutory or home rule city and county, city or town. Section 2" The amendments to the Firestone Municipal Code set forth herein shall take effect January, 1, 2004, provided a majority of the registered electors voting at the November 4, 2003, spec ---.al election vote "yes" in response to the following ballot issue, which is hereby referred to the registered electors of the Town and shall appear on the ballot of the Town of Firestone special election to be held on November 4; 2003: SHALL TOWN OF FIRESTONE TAXES BE INCREASED $750,000 IN 2004 AND THEN ANNUALLY BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED THEREAFTER, WITHOUT ANY INCREASE IN THE CURRENT RATE OF THE TOWN SALES TAX, BY EXTENDING THE EXISTING TOWN SALES TAX TO SALES OF FOOD EFFECTIVE JANUARY 1, 2004; AND SHALL THE TOWN BE PERMITTED TO COLLECT, RETAIN AND EXPEND FOR ANY LAWFUL MUNICIPAL PURPOSE ALL REVENUES DERIVED FROM SUCH TAX INCREASE (REGARDLESS OF THE ANNUAL AMOUNT) AS A VOTER -APPROVED REVENUE CHANGE AND AN EXCEPTION TO LIMITS WHICH WOULD OTHERWISE APPLY UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION OR ANY OTHER LAW? YES NO Stwtion 3. If the ballot issue referred herein to the registered electors is not approved at the November 4, 2003, special election, this ordinance is repealed effective November 15, 2003. Sectinn 4. The Board of Trustees .may submit additional ballot issues or other measures to appear on the ballot of the special election by the adoption of appropriate resolutions or ordinances as required by law. section 5, The special election shall be conducted as a part of a coordinated. lection and in accordance the provisions of Resolution No. 03-19, and the requirements and procedures of the Uniform Election Code of 1992, articles 1 to 13 of title 1, C.R.S., as amended. Section 6. The officers and employees of the Town are hereby authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. All actions hereteafore taken (not inconsistent with the provisions of this ordinance) by the Town, 2 directed towards the election and the objects and purposes herein stated, are hereby ratified, approved and confirmed. 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. Seetinn_8. 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. Seetion 99_ 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 2003. ONE w� J. y He d own Clerk 71T1M9:44PNQs1gF1p mTffw=eVrdToodTmcM) TOWN OF FIREST , COLORADO Michael P. Simone Mayor 3 ORDINANCE NO. 533 AN ORDINANCE APPROVING A REZONING OF 70-FIRST STREET FROM C-I COMMERCIAL, TO R-1 RESIDENTIAL WHEREAS, Mario Calderon, as owner and applicant, has applied for a rezoning of the property located at 704-First Street, which property is legally described on Exhibit A attached hereto and is hereinafter referred to as the "Property"; and WHEREAS, the applicant has requested a rezoning of the Property from C-1 Commercial zone district designation to R-1 Residential zone district designation; and WHEREAS, all materials related to the proposed rezoning have been reviewed by Town Staff and Firestone Planning and Zoning Commission and found to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on August 6, 2003, 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 at a duly noticed public hearing held on August 14, 2003; 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 meets the applicable criteria of the Town's ordinances and Development Regulations and is consistent with the Town's plan for the area, and should be approved; and 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: Section 1. That certain property located at 701 First Street, the legal de scription ofwhich is set forth in Exhibit A attached hereto and made a part hereof, is hereby rezoned from C-1, Commercial to R-1 Residential pursuant to the zoning ordinances of the Town. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED_, AND ORDERED PUBLISHED IN FULL this`N` day of 2003. JA'y Hegvad Town Clerk 0811 LM 3:50PM [M] F.Tanpany'FhwmeOdh=oK:WffmRvmnkgBoard(appruval).crd.doc 2 Michael P. Simone Mayor EXHIBIT A Legal Description LEGAL DESCRIPTION: PART OF THE UNPLATTED NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6.. PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 9, FIRESTONE; THENCE NORTH ALONG THE WEST LINE OF BLOCK 9, EXTENDED AND THE EAST LINE OF FIRST STREET, 60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG THE EASTERLY LINE OF FIRST STREET 125 FEET; THENCE EAST 100 FEET; THENCE SOUTH 125 FEET; THENCE WEST 100 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN DEED RECORDED MAY 15, 2001 UNDER RECEPTION NO.2848763, COUNTY OF WELD, STATE OF COLORADO. 9 N ORDINANCE NO.534 AN ORDINANCE LIFTING THE TOWN'S MANDATORY WATER RESTRICTIONS EFFECTIVE SEPTEMBER 26, 2003 WHEREAS, the Board of Trustees has previously adopted certain mandatory water restrictions for use of the Town water system; and WHEREAS, the Board of Trustees finds that, as a result such restrictions and other measures, the Town has projected water supplies for the balance of the 2002-2003 water year which would exceed the total amount of permitted carry over water and projected demands for the balance of such year; and WHEREAS, the Board of Trustees finds that it is therefore appropriate to repeal the Town's mandatory watering restrictions; and WHEREAS, . the Board of Trustees continues to encourage its citizens to. conserve and make the most efficient use of water possible, so that drought conditions may continue to improve. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: , --dian 1. The Town's mandatory watering restrictions previously set to expire on November 30, 2003, are hereby lifted effective September 26, 2003. Seetinn 2. To effect the lifting of such restrictions, Section I of Ordinance No. 520, and Ordinance No. 523 and Ordinance No. 530 are hereby repealed. Sections 2 and 3 of Ordinance No. 520 specifically are saved from such repeal and shall remain in full force and effect. Subject to the foregoing, all other ordinances or portions thereof inconsistent or conflictingwith this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. �eetinn �, If any portion of this ordinance is held to be invalid for any reason, such decision shall riot affect the validity of the remaining portions of this ordinance. The Board of Trustees hereby declare3 that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared invalid. Section A 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 2L day of A'�, 2003. STONE S °o 4 1�.:••.,,. � ,. C y Hegwo d own Cler MV03 7:35 AM[sj]jF.\Office\Firestone%OrdlWaterRestric6onsAmendment3 2 Michael P. Simone Mayor ORDINANCE NO.535 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE HIGH PLAINS MARKETPLACE ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the High Plains Marketplace 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 September 11, 2003 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was notice published in the Daily Times -call on August 5, 12, 19 and 26, 2003 and in the Farmer Rt Miner on August 6, 13, 20 and 27, 2003; 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 nor in said petition NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sect;nn 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 High Plains Marketplace 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 114 day of � epj e im Lrr , 2003. �._ f, Michael P. Simone, Mayor EXHIBIT A LEGAL DESCRIPTION HIGH PLAINS MARKETPLACE ANNEXATION A tract of land located in the Northeast '/4 of Section 12, Township 2 North, Range 68 West and the Northwest '/4 of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Considering the North line of the Northwest'/4 of said Section 7 as bearing South 88054'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest Corner of said Section 7; thence along the West line of the Northwest 1,14 of said Section 7, South 00°24'41" West, 47.66 feet to the POINT OF BEGINNING, said point also being a point on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 89°53'36" East, 644.73 feet; . thence along a curve concaved to the South having a central angle of 04°22'06" with a radius of 2000.00 feet, an are length of 152.49 feet and the chord of which bears South 8705512011 East, 152.45 feet; thence, South 85044'17" East, 360.12 feet; thence along a curve concaved to the North having a central angle of 03°10'12" with a radius of 2150.00 feet, an arc length of 118.96 feet and the chord of which bears South 87°19'23" East, 118.94 feet; thence, South 88°54'30" East, 840.71 feet to a point on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 3002l'00" West, 686.62 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 11 courses and distance, North 89°38'53" West, 313.86 feet; thence North 77°12'53" West, 110.00 feet; thence North 66042'53" West, 176.00 feet; thence South 87°03'07" West, 316.00 feet; thence South 61°48'07" West, 53.00 feet; thence South 42°23'07" West, 293.00 feet; thence . South 29005'07" West, 84.00 feet; thence North 80°58'53" West, 130.00 feet; thence North 63°35'53" West, 162.00 feet; thence North 8302115311 West, 103.00 feet; thence South 89027'07" West, 215.00 feet to a point on the West line of the Northwest Quarter of said Section 7; thence, North 89035'19" West, 30.00 feet to a point on the West right-of-way line of County Road No. 13; thence, along said West line, North 00024'41" East, 777.94 feet; thence, departing said line, North 89°53'36" East, 30.00 feet to the Point of Beginning, containing 30.135 acres more or less. 9112103 12.40 PM [tw6] 11:Iment&DmpanyTimstonelAnr:exationHgh?iainsMazket.ord.doe 2 ORDINANCE NO.536 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE HIGH PLAINS MARKETPLACE ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the High Plains Marketplace 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; Mai WHEREAS, the landowner of the property has submitted an Outline Development Plan in connection with the zoning request and has requested a Planned Unit Development (PUD) zoning classification for the property, including a PUD Neighborhood Commercial (PUD NC) zoning classification for a 21.775-acre portion of the property and a PUD Mixed Use (PUD MU) zoning classification for a 8.36-acre portion of such property, such PUD MU area to include PUD NC and PUD Residential-C uses as further set forth on and subject to the Outline Development Plan; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the High Plains Marketplace 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 High Plains Marketplace 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, Neighborhood Center (PUD NC), and Planned Unit Development, Mixed Use (PUD MU), such zoning designations to apply to the areas described on Exhibit A, pursuant to the zoning ordinances of the Town and in accordance with the High Plains Marketplace PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below. Section 2. The Board of Trustees hereby approves the Outline DevelopmA Planfor the High Plains Marketplace Annexation 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 I W day of September, 2003. • fowN A T':.,,... �� M'Uwy. ' Town Clerk TOWN OF FIREST , COLORADO Michael P. Simone Mayor EXHIBIT A LEGAL DESCRIPTIONS HIGH PLAINS MARKETPLACE INITIAL ZONING I. LEGAL DESCRIPTION: OVERALL ODP BOUNDARY: A tract of land located in the Northeast '/4 of Section 12, Township 2 North, Range 68 West and the Northwest '/4 of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Considering the North line of the Northwest'/4 ofsaid Section 7 as bearing South:88°54'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest Corner of said Section 7; thence along the West line of the Northwest '/4 of said Section 7, South 00124'41" West, 47.66 feet to the POINT OF BEGINNING, said point also being a point on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 89153'36" East, 644.73 feet; thence along a curve concaved to the South having a central angle of 04122'06" with a radius of 2000.00 feet, an arc length of 152.49 feet and the chord of which bears South 87°55'20" East, 152.45 feet; thence, South 85144'17" East, 360.12 feet; thence along a curve concaved to the North having a central angle of 03° 10' 12" with a radius of 2150.00 feet, an arc length of 118.96 feet and the chord of which bears South 87°19'23" East, 118.94 feet; thence, South 88°54'30" East, 840.71 feet to a point on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 3002l'00" West, 686.62 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 11 courses and distance, North 89038'53" West, 313.86 feet; thence North 77012'53" West, 110.00 feet; thence North 66°42'53" West, 176.00 feet; thence South 87°03'07" West, 316.00 feet; thence South 61 °48'07" West, 53.00 feet; thence South 42°23'07" West, 293.00 feet; thence South 29°05'07" West, 84.00 feet; thence North 80058'53" West, 130.00 feet; thence North 63°35'53" West, 162.00 feet; thence North 83°21'53" West, 103.00 feet; thence South 89027'07" We3t, 215.00 feet to a point on the West line of the Northwest Quarter of said Section 7; thence, North 89°35'19" West, 30.00 feet to a point on the West right-of-way line of County Road No. 13; thence, along said West fine, North 00024141" East, 777.94 feet; thence, departing said line, North 89053136" East, 30.00 feet to the Point of Beginning, containing 30.135 acres more or less. U. LEGAL DESCRIPTION: AREA OF. ODP PROPERTY ZONED PUD NC: A tract of land located in the Northwest Quarter of Section 7, Township 2 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 7 as bearing South 88054'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Northwest Quarter; thence, along said north line, South 88154'30" East, 30.56 feet; thence, departing said north line, South 0100513011 West, 47.03 feet to the POINT OF BEGINNING, said point being on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 89053'36" East, 614.73 feet; thence along anon tangent curve concave to the south, having a central angle of 04°22'06" with a radius of 2,000.00 feet, an arc length of 152.49 feet and the chord of which bears South 875520" East,152.45 feet; thence, South 85°44'17" East, 360.12 feet; thence along a curve concave to the north, having a central angle of 03 ° 10' 14" with a radius of 2,150.00 feet, an arc length of 11897 feet and the chord of which bears South 87019'24" East,118.96 feet; thence, South 88054'30" East, 3.42 feet; thence, South 0002423" West, 244.01 feet; thence along a curve concave to the northwest, having a central angle of 90°00'00" with a radius of 25.00 feet, an arc length of 39.27 feet and the chord of which bears South 45°24'23" West, 35.36 feet; thence, North 89°35'37" West, 221.45 feet; thence; South 00°24'23" West, 253.49 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 8 courses and distances, South 87°03'07" West,158.24 feet; thence, South 61 °48'07" West, 53.00 feet; thence, South 42°23'07" West, 293.00 feet; thence, South 29°05'07" West, 84.00 feet; thence, North 80658'53" West,130.00 feet; thence, North 63°3553" West, 162.00 feet; thence, North 83°21'53" West, 103.00 feet; thence, South 89°27'07" West,185.00 feet to the East right-of-way line of Colorado Boulevard; thence along said East right-of-way line, North 00024'41" East, 777.98 feet to the POINT OF BEGINNING. The above described tract of land contains 806,926 square feet or 18.524 acres, more or less. III. LEGAL DESCRIPTION: AREA OF ODP PROPERTY ZONED PUD MU: A tract of land located in the Northwest Quarter of Section 7, Township 2 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 7 as bearing South 88054'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Northwest Quarter; thence, along said north he, South 88054,301, East, 2,116.76 feet; thence, departing said north line, South 01 °05'30" West, 60.00 feet to the POINT OF BEGINNING, said point being on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 30°21'00" West, 686.61 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 4 courses and distance, North 89°38'53" West, 313.86 feet; thence, North 77012,53" West,110.00 feet; thence, North 66°42'53" West,176.00 feet; thence, South 87°03'07" West,157.76 feet; thence, North 00024-23" East, 253.49 feet; thence, South 89°35'37" East, 221.45 feet; thence along a curve concave to the northwest, having a central angle of 90°00'00" with a radius of 25.00 feet, an arc length of 39.27 feet and the chord of which bears North 45°24'23" East, 35.36 feet; thence, North 00°24'23" East, 244.01 feet to a point on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line, South 88°54'30" East, 837.28 feet to the POINT OF BEGINNING. The above described tract of land contains 459,057 square feet or 10.538 acres, more or less. .19 EXHIBIT B Conditions of Approval High Plains Marketplace Initial Zoning/ODP Outline Development Plan 1. In the Project Concept section, add the word "generally" before the word "establishes." 2. In the Open Space section, second paragraph, after the word "Developer" add the words "to be consistent with the FDP and." 3. In the Architecture section, replace the word "guidelines with "specifications", except for the last sentence. Begin the last sentence as follows: "Design guidelines shall be established to set guidelines...". 4. In the ADA section, replace "shall" with "will be." 5. In the Building Height section, state that building heights shall be as specified in the Firestone Development Regulations for the land use categories shown. 6. Add Carbon Valley Recreation District for recreation in the Service Requirements section. 7. In the Zoning and Allowed Uses section, item 2, replace "high density" with "commercial use" and "lower density" with "residential use." 8. In the Zoning and Allowed Uses section, state that the land uses permitted in the MU area shall also include religious institutions and charter schools. 9. In the Zoning and Allowed Uses section, state that the residential and commercial land uses permitted in the MU area shall not be permitted in the same building. Also, note that once a use for any area is established it shall remain as such. 10. Add a land use table section and add acreages to the ODP map sheet. 11. Show the location of the existing well on the property. 12. Make the legal description on the ODP identical to the one on the Annexation Map. Also, have the basis of bearings on ODP Sheet 3 match the Annexation legal description. Provide a metes and bounds legal description of Tract D for incorporation into the zoning ordinance. 13. Add traffic circulation routes to ODP-3. 14. Modify the west intersection with Firestone Blvd on ODP-3 to be a right Wright out access as noted in the Traffic Impact Report. 5 15. Add the zoning designations to properties surrounding the development. 16. On the ODP map sheet, identify a trail connection location from the Firestone Trail to both the MU and NC areas. 17. Residential density in the R-C area shall be limited to a maximum of 18DUs/acre. Add a note to the ODP stating this limitation. JOW03 10:31 AMjtwb)%UksaveAwmpanylFircaoneUnnex4iyn\MghPWnsMwket.zone.ord.dOc (fmsq 0 ORDINANCE NO. -U-7 AN ORDII`ANCE AMENDING CERTAIN PROVISIONS OF CHAPTER 8.12 OF THE FIRESTONE MUNICIPAL CODE IN CONJUNCTION WITH THE DISCONTINUANCE OF TOWN TRASH COLLECTION SERVICE WHEREAS, pursuant to C.R.S. Section 30-15401, the Town previously established and contracted for residential waste collection services; and WHEREAS, use of the Town waste collection service has not been mandatory and the Town has not in recent years required that residential properties either use or pay a fee for such collection services; and WHEREAS, the Town's most recent contract for Town waste collection services expired in July 2002, and upon expiration the Town commenced a request for proposal (RFP) process to obtain proposals for a new Town residential waste. collection services; and WHEREAS, the Board of Trustees has determined to terminate the RFP process and discontinue a Town trash collection service, including any billing of residential customers as part of a Town collection service; and WHEREAS, as a result of such changes, the Town will no longer bill residential customers using Town collection services for the use thereof; and all residents of the Town may obtain waste collection services by direct contract with and payment to the waste services provider of their choice, provided waste and waste collection services are handled and conducted in conformance with other applicable provisions of federal, state and local law; and WHEREAS, the Board of Trustees by this Ordinance desires to amend certain provisions of the Firestone Municipal Code in conjunction with the discontinuance of a Town trash collection service. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO. Sert*nn I _ Chapter 8.12 of the Firestone Municipal Code is amended to read as follows (words added are underlined; words deleted are stricken ): Chapter 8.12 Garbage and Refuse Sections: 8.12.010 Definitions. 8.12.0240 Waste material --Removal required. 8.12,0-1-50 Accumulation nrohihited --Waste cuflec 8.12.010 Definitions. For purposes of this chapter, the following words and phrases shall have the meanings set out in this section: A. 'Bully materials" are defined as limbs, boards, pipe and similar objects in excess of two feet in length as well as any other item or material of unusual size, including but not limited to automobiles or parts thereof, refrigerators, washers, dryers, television sets, bicycle frames and building materials. B. "Hazardous materials" are defined to include, but shall not be limited to, hot ashes, hot coals, radioactive material, explosive substances, chemical waste, flammable material and other similar substances. C. "Receptacles" means cans of a capacity no greater than thirty-two gallons and weighing not more than thirty-five pounds when filled, carts of a ra1p, a&V no gmater than _ninet- six gallons, or plastic bags having a capacity of not more than thirty-two gallons and weighing not more than thirty-five pounds when filled. With respect to wastCollectinn for jugeo, other than single-family-re-,idences recotaces means cans, nartq nr-i lactic bags meding the fnregning mQuirement5, as well ae covered carte or dnmi3sters of a larger capacity- D. "Waste materials" includes ashes, trash, waste, rubbish, garbage or other discarded material and shall be deemed to include but not be limited to leaves, grass, limbs, weeds, trimmings, cans, bottles, rags, paper, boxes and any other matter ordinarily discarded in or about dwelling houses, commercial establishments or industrial sites. 2 'tMP M'I 1 .Ir - -M 11 r' I KTi g .1 Iul jr.q 1 govejamr - 1 a I I a tkilij11 r. t"t;N11111, II Lft u - SXAJ opm t%j or.I •j ft9jvJM1 1 or, 1i 1 UJ2 111, 41111 &'Mt�dj IN- Rogow - - •1 t .1 'tVAR•' - • r 1.IMim IN ir.ko to I er-rijun I L11114--iOMISM- i'- 1 KINIM =I L7-1i' f l- i - 1 •• • t I .! i I III 4K • I I t 1 I I I - • I I f l .1 .1 1 r .1 1` 1 - I - t .11 I " t • • - 1 • • / I .1 -I oil k%fal nIIIal- i - ' 1'- 8.12,.0240 Waste material --Removal required. A. All waste materials, including hazardous or bulky materials, shall be collected and removed from the town on a weekly basis by the owner, tenant or occupant of each residence, living unit, business or commercial enterprise or industrial site located within the town, either by self-service, by the s C or by an independent service R All waste matedals1. 1' planed inrec acles, as !' 1 1- 1 in Itbi 1. 1 1 1" • JI ' " 1. 1 • • 1. 1 if 1recidenre,! l a 11nil,biminegs flaqlillE iif '9 i. 11ORM-MUMMO' 11111 EM MUNIN NINE I I I III 1' 1"1 1" 1• .1 1 MI . !1 4 i 1 1 1 1 11. 11 . ". 1" .• 11 •!11I 11 . 4 • ! ! • • • 1 . 1 f 1 i • • 1 1 . 1 PTorw • 1 t 1 El a 1 • • • 1' !• 1 1• 1- 1. 1 4- 1. CB. Any residence, living unit hnsiness nrs��1mE',rcial�IIse,—or having hazardous or bulky waste material that is not acceptable to the wastetovm collection service p_rnviding cervices the site shall provide for its removal by set . I ther waste collection ser3dce, or by other means that conform xvith all annlirah1p lame . 8.12.0W0 Arrumnialinn 11rahohitedUnifb. It is unlawful for any person to allow or permit waste materials, including but not limited to bulky materials and hazardou's materials, to accumulate in any building, on any property, or along any street, avenue, alley or sidewalk.There-iad�ed to each nwntHy water bill issaed by the town. The. anyadnt of tim set vic chwge shail be as determined ftorn time to time by iesa!ution of flre board of tnrsteeb. Satin 2 The Mayor, Town Administrator and Town Staff are hereby authorized and directed to do all things necessary on behalf of the Town to effectuate the provisions of this Ordinance and the discontinuance of Town -contracted residential waste collection services, including but not limited to any Town billing of residential customers for such service. SeWnn3. 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. Sertinn 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 whale 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. Sectina,-q. 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 &n btr , 2003. TOWN OF FIRESTONE, COLORADO 4 Michael P. Simone Mayor 9IE0103 9;ss A,M[sg]F:UfficeFiesOmNOf&Tresh aimng.ura 3122961 11103/2003 03:26P Weld CountV, CC i 1 of 3 R 16.00 o o.00 Steve Morena Clerk b Recorder ORDINANCE NO. S Z ° AN EMERGENCY ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE HIGH PLAINS MARKETPLACE ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the High Plains Marketplace 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.RS., the Board of.Trustees on September 11, 2003 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was notice published in the Daily Times -Call on August 5, 12, 19 and 26, 2003 and in the Farmer Rt Miner on August 6, 13, 20 and 27, 2003; 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: ,Se inn I 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 High Plains Marketplace Annexation, is hereby approved and such property is made a part of and annexed to the, Town of Firestone. SEA. 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. S rtinif 3 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 timely effectuate the annexation of the property to the town and to promote the benefits to the town that may be realized by such annexation, and that this ordinance shall take. -effect October 15, 2003, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRQDUCED, . READ, ADOPTED, APPROVED AND ORDERED PUBLISHED. IN FULL this 4' '4"hh day of Ojr , 2003.. PSI PII fPP PIIfP�.PfPP P ... a i 3122961 11/03/2003 03:26P Weld County, CD \,_2 of 3 R 16.00 D 0000 Steve Moreno Clerk & Recorder ... `LESS 0 Ne TOWN OF FiRESTO LORADO ; ON ' P A o M&MI O. Sirnone, Mayor ATTEST: �Q d& Heod. Towd Clerk l 7 1 l��Ill11111 ICI 11111111111111111111111111111 3122961 11103/2003 03:25P meld County GO 3 of 3 R 16.00 Cl.00 __Steve Moreno Clerk Recorder EXHIBIT A LEGAL DESCRIPTION HIGH PLAINS MARKETPLACE ANNEXATION A tract of land located in the Northeast '/4 of Section 12, Township 2 North, Range 68 West and the Northwest '/4 of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Considering the North line of the Northwest'/4 of said Section 7 as bearing South 88054'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest Corner of said Section 7; thence along the West line of the Northwest '/a of said Section 7, South 00°24'41" West, 47.66 feet to the POINT OF BEGINNLITG, said point also being a point on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 89°53'36" East, 644.73 feet, thence along a curve concaved to the South having a central angle of 04°22'06" with a radius of 2000.00 feet, an arc length of 152.49 feet and the chord of which bears South 87°55'20" East, 152.45 feet; thence, South 85°z-4'17" East, 360.12 feet; thence along a curve concaved to the North having a central angle of 03° 10' 12" with a radius of 2150.00 feet, an arc length of 118.96 feet and the chord of which bears South 87°19'23" East, 118.94 feet; thence, South 88°54'30" East, 840.71 feet to a point on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 30°21'00" West, 686.62 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 11 courses and distance, North 89038'53" West, 313.86 feet; thence North 77012'53" West, 110.00 feet; thence North 661142'53" West, 176.00 feet; thence South 87003,071, West, 316.00 feet; thence South 61048'07" West, 53.00 feet- thence South 42023'07" West, 293.00 feet; thence South 290-35'07" West, 84.00 feet; thence North 80058153" West, 130.00 feet; thence North 63°35'53" West, 162.00 feet; thence North 83021153" West, 103.00 feet; thence South 89027'07" West, 215.00 feet to a point on the West line of the Northwest Quarter of said Section 7; thence, North 89035119" West, 30.00 feet to a point on the West right-of-way line of County Road No. 13; thence, along said West line, North 00°2441" East, 777.94 feet; thence, departing said line, North 89053'36" East, 30.00 feet to the Point of Beginning, containing 30.135 acres more or less. 101 03 3:38 PM [s37j 512kseTveilownpanyrFiestone\Annexadon\H%hMainsMmhet ord.doc.emeigency I r �Az s 4vL-, Po io0 Ii�i iiliOil� , 3122963 11/03/2003 03:26P Weld County, CO i of 6 R 3,1..QQ 0 Q.QQ Steve Marano Clerk & Recorder. ORDINANCE NO. 53 7 - l i1. 963 AN EMERGENCY..ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE HIGH PLAINS MARKETPLACE ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the High Plains Marketplace Annexation, was bled 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 has submitted an Outline Development Plan in connection with the zoning request and has requested a Planned Unit Development (PUD) zoning classification for the property, including a PUD Neighborhood Commercial (PUD NC) zoning classification for a 2I.775-acre portion of the property and a PUD Mixed Use (PUD MU) zoning classification for a 8.36-acre portion of such property, such PUD MU area to include PUD NC and PUD Residential-C uses as further set forth on and subject to the Outline Development Plan; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the High Plains Marketplace 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 High Plains Marketplace Annexation to the Town of Firestone, the legal description ofwhich is set forth in Exhibit A attached hereto and made a part hereof, is hereby zoned Planned Unit Development, Neighborhood Center (PUD NC), and Planned Unit Development, Mixed Use (PUD MU), such zoning designations to apply to the areas described on Exhibit A, pursuant to the zoning ordinances of the Town and in accordance with the High Plains Marketplace PUD Outline Development Plan approved with conditions by the Board of Trustees, as noted below. 3122963 11/03/2003 03:26P Weld County, CO `- 2 _of- 6 R 31'.00 C 0.00 Steve Moron®_Clerk & Recorder Section 2. The Board of Trustees hereby approves the OutlineDevelopment PlanfortheHigh Plains Marketplace Annexation subject to the conditions, set forth on Exhibit B, attached hereto and incorporated herein by reference. Section 3. 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 timely effectuate the annexation and zoning of the property to the town and to promote the benefits to the town that may be realized by such annexation and zoning, and that this ordinance shall take effect October 15, 2003, provided the same has been adopted and signed by the Mayor and approved by three -fourths of the entire Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this V�' day of CcD :b.e r , 2003. ESQ 0 �E 0� ,,-TEST: 4e ..... ••coo oUN n �Oay He od Town Clerk 2 TOWN OF S NE, COLORADO Michael P. Simone Mayor 3122963 11103/2003 03:26f Weld County, CO 3 of S R 31.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTIONS HIGH PLAINS MARKETPLACE INITIAL ZONING I. LEGAL DESCRIPTION: OVERALL ODP BOUNDARY: A tract of land located in the Northeast '/a of Section 12, Township 2 North, Range 68 West and the Northwest '/a of Section 7, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, described as follows: Considering the North line ofthe Northwest '/a of said Section 7 as bearing South 88°54'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest Corner of said Section 7; thence along the West line of the Northwest '/4 of said Section 7, South 00°24'41" West, 47.66 feet to the POINT OF BEGINNING, said point also being a point on the South right-of-way line as described in Reception No. 3901397, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 89°53'36" East, 644.73 feet; thence along a curve concaved to the South having a central angle of 04°22'06" with a radius of 2000.00 feet, an arc length of 152.49 feet and the chord of which bears South 87055'20" East, 152.45 feet; thence, South 85044'17" East, 360.12 feet; thence along a curve concaved to the North having a central angle of 03010' 12" with a radius of 2150.00 feet, anarc length of 118.96 feet and the chord of which bears South 87° 19'23" East, 118.94 feet; thence, South 88054130" East, 840.71 feet to a point on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly he, South 30021'00" West, 686.62 feet to the Northerly fine 'of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 11 courses and distance, North 89°38'53" West, 313.86 feet; thence North 77012'53" West, 110.00 feet; thence North 66042153" West, 176.00 feet; thence South 87°03'07" West, 316.00 feet; thence South 61°48'07" West, 53.00 feet; thence South 42°23'07" West, 293.00 feet; thence South 29005'07" West, 84.00 feet; thence North 80°58'53" West, 130.00 feet; thence North 63035'53" West, 162.00 feet; thence North 83021'53" West, 103.00 feet; thence South 89027107" West, 215.00 feet to a point on the West line of the Northwest Quarter of said Section 7; thence, North 89°35'19" West, 3 0. 00 feet to a point on the West right-of-way line of County Road No. 13; thence, along said West line, North 00°24'41" East, 777.94 feet; thence, departing said line, North 89053'36" East, 30.00 feet to the Point of Beginning, containing 30.135 acres more or less. H. LEGAL DESCRIPTION: AREA OF ODP PROPERTY ZONED PUD NC: A tract of land located in the Northwest Quarter of Section 7, Township 2 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: Considering the North he of the Northwest Quarter of said Section 7 as bearing South 88054'30" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Northwest Quarter; thence, along said north line, South 88°54'30" East, 30.56 feet; thence, departing said north line, South 01 1105'30" West, 47.03 feet to the POINT OF BEGINNING, said point being on the South right-of-way line as described in Reception No. 3 9013 97, Weld County records; thence along said South right-of-way line by the following 5 courses and distances, North 3 3122963 11/0312003 03:26P Weld County, CO 4 of 8 R 31.00 0 0.00 Steve Moreno Clerk & Recorder 89053136" East, 614,73 feet; thence along a non tangent curve concave to the south, having a central angle of 04"22'06" with a radius of 2,000.00 feet, an arc length of 152.49 feet and the chord of which bears South 87°55'20" East, 152.45 feet; thence, South 85°44'17" East, 360.12 feet; thence along a curve concave to the north, having a central angle of 03 ° 1 O' 14" with a radius of 2,150.00 feet, an arc length of 118.97 feet and the chord of which bears South 87'19'24" East,118.96 feet; thence, South 88054'30" East, 3.42 feet; thence, South 00°24'23" West, 244.01 feet; thence along a curve concave to the northwest, having a central angle of 90°00'00" with a radius of 25.00 feet, an arc length of 39.27 feet and the chord of which bears South 45°24'23" West,'35.36 feet; thence, North 89°35'37" West, 221.45 feet; thence, South 00024'23" West, 253.49 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 8 courses and distances, South 87003,071, West, 158.24 feet; thence, South 61048'07" West, 53.00 feet; thence, South 42023'07" West, 293.00 feet; thence, South 29°05'07" West, 84.00 feet; thence, North 80058153" West, 130.00 feet; thence, North 63035'53" West, 162.00 feet; thence, North 83021153" West, 103.00 feet; thence, South 89027'07" West, 185.00 feet to the East right-of-way line of Colorado Boulevard; thence along said East right-of-way line, North 00°24'41" East, 777.98 feet to the POINT OF BEGINNING. The above described tract of land contains 806,926 square feet or 18.524 acres, more or less. III. LEGAL DESCRIPTION: AREA OF ODP PROPERTY ZONED PUD MU: A tract of land located in the Northwest Quarter of Section 7, Township 2 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 7 as bearing South 88°54'30" East and with all bearings contained herein relative thereto: Commencing at theNorthwest corner of said Northwest Quarter; thence, along said north line, South 88°54'30" East, 2,116.76 feet; thence, departing said north line, South 01 °05'30" West, 60.00 feet to the POINT OF BEGINNING, said point being on the Northwesterly line of the Union Pacific Railroad as described in Book 305, Page 110, Weld County records; thence along said Northwesterly line, South 301121'00" West, 686.61 feet to the Northerly line of that tract of land conveyed from Adolph Coors Company to Booth Land and Livestock Company as described in warranty deed recorded October 6, 1992 in Book 1353 as Reception No. 2306034, Weld County records; thence along said Northerly line by the following 4 courses and distance, North 89°38'53" West, 313.86 feet; thence, North 77012'53" West,110.00 feet; thence, North 66°42'53" West, 176.00 feet; thence, South 87°03'07" West,157.76 feet; thence, North 00°24'23" East, 253.49 feet; thence, South 89035137" East, 221.45 feet; thence along a curve concave to the northwest, having a central angle of 90°00'00" with a radius of 25.00 feet, an arc length of 39.27 feet and the chord of which bears North 45°24'23" East, 35.36 feet; thence, North 00°24'23" East, 244.01 feet to a point on the South right-of-way line as described in Reception No. 3 9013 97, Weld County records; thence along said South right-of-way line, South 881154'30" East, 837.28 feet to the POINT OF BEGINNING. The above described tract of land contains 459,057 square feet or 10.538 acres, more or less. 4 11�III ��11� 11I �II�1�1��I�I 111 �I�II 111�981 i�� li �� 3122963 11/0312003 03:26P Weld County, CO. 5 of 6 R 31:00 O 0.60 Steve Moreno Clerk & Recorder EXHIBIT B Conditions of Approval High Plains Marketplace Initial Zoning/ODP Outline Development Plan In the Project Concept section, add the word "generally" before the word "establishes." 2. In the Open Space section, second paragraph, after the word "Developer" add the words "to be consistent with the FDP and." 3. In the Architecture section, replace the word "guidelines with "specifications", except for the last sentence. Begin the last sentence as follows: "Design guidelines shall be established to set guidelines...". 4. In the ADA section, replace "shall" with "will be." 5. In the Building Height section, state that building heights shall be as specified in the Firestone Development Regulations for the land use categories shown. 6. Add Carbon Valley Recreation District for recreation in the Service Requirements section. 7. In the Zoning and Allowed Uses section, item 2, replace "high density" with "commercial use" and "lower density" with "residential use." 8.. In the .Zoning and Allowed Uses section, state that the land uses permitted in the MU area shall also include religious institutions and charter schools. 9. In the Zoning and Allowed Uses section, state that the residential and commercial land uses permitted in the MU area shall not be permitted in the same building. Also, note that once a use . for any area is established it shall remain as such. 10. Add a land use table section and add acreages to the ODP map sheet. _ 11. Show the location of the existing well on the property. 12. Make the legal description on the ODP identical to the one on the Annexation Map. Also, have the basis -of bearings on ODP Sheet 3 match the Annexation legal description. Provide a metes and bounds legal description of Tract D for incorporation into the zoning ordinance. 13. Add traffic circulation routes to ODP-3. 14. Modify the west intersection with Firestone Blvd on ODP-3 to be a right inlright out access as noted in the Traffic Impact Report. 5 3122963 11/03/2003 03:26P Weld County, CO 6 of 6 R .31.00 0 0.00 Steve Moreno Clark A Recorder 15. Add the zoning designations to properties surrounding the development. 16. On the ODP map sheet, identify a trail connection location from the Firestone Trail to both the MU and NC areas. 17. Residential density in the R C area shall be limited to a maximum of 1 SDUs/acre. Add a note to the ODP stating this limitation. 10/&03 3:41 PM[sjl] 112kserver\company\Fnwtonc\Anncxation\HTbPW=Markdwme.orddoc (Gnal.emergency) L,' ORDINANCE NO., .5 y 0 AN ORDINANCE AMENDING SECTION 5.36.070 OF THE FIRESTONE MUNICIPAL CODE TO ESTABLISH ADDITIONAL PERFORMANCE REQUIREMENTS FOR REFUSE HAULERS OPERATING WITHIN THE TOWN WHEREAS, Chapter 5.36 of the Firestone Municipal Code requires that refuse haulers operating within the Town obtain a license and meet certain performance standards regarding the conduct of their operations; and WHEREAS, the Board of Trustees finds and determines that additional performance standards are necessary to further ensure that the potential adverse and nuisance effects of refuse hauling activities are minimized. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, ,,COLORADO: Section I Section 5,36.070 of the Firestone Municipal- Code is amended to read as follows (words added are iinderlined; words deleted are stricken tbrough)- 5.36.070 Vehicle And ether requirements. A_ No vehicle shall be used for refuse hauling unless it meets the following requirements: 1. It has a permanent cover of canvas or equally suitable or superior material designed to cover the entire open area of the body of the vehicle; 2. It has a body so constructed as to be permanently leakproof as to all refuse being hauled, and 3. Its extensions of sideboards and its tailgate, if any, are constructed of permanent materials. throughh Fes_ C Nn r .fiis . haider shall operate any vehicle for the tnirnnse of _enllecti(in of rPfiise nr recvrlahle materials within any non-rEsidential dignct of the thrniigb Fti t T) Collectinn i_s_permitted an Saturrlays between the hours het forth, resn�eafi-yej .in a rhse6ons C and T) i)f this Sin if a Tnwn-remgni�erl_ hnlida arr rreri within the immediately preceding me& or the TOMM Administrator has in advance authnr#zen mleb Sattirclav fro le tion ae a catch -in hecaim- af_inclement weAther Sec�ina 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. Sertinn.3. 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. Sestinn 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 incufxed 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. Serhan -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. INTRQDUCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Q day of 0 c, .be r )2003. f �ESTOTOWN..."- SEAL = o0 TOWN OF FIRESTONE, COLORADO' Michael P. Simone Mayor q,�d-y urv-� (fe(dy He ood Town Clerk 10/610310:53 AM[&yIj Offim\+nwtone\OraTrash Hauft and ORDINANCE NO. Sq I AN ORDINANCE AMENDING SECTION 9.24.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING DISCHARING WEAPONS WHEREAS, the Board of Trustees has previously adopted certain restrictions and exceptions for discharging firearms contained in Section 9.24.020; and WHEREAS, the Board of Trustees desires to amend the restrictions and exceptions set forth in suc:-i Section. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.24.020 is hereby amended to read as follows (words added are underlined; words deleted are stricken through): 9.24.020 Discharging Weapons. A. It is unlawful for any person to fire or discharge withiii The town any firearm, airgun, BB gun, bow and arrow or any toy gun projecting lead or missiles. l_ shooting range or gallery specifically designated for such purpose by the town. I Nothing in this suction shall be construed to prohibit—aAny officer of the law frorardischarging a firearm in the performance of his duty,. I nor sy person from discharging a firearm or other weapon when lawfully defending persons or property. I Any Verson di-,cbarszin$4 a shotgun of 12 gauge or smaller, using a shot size of 1 or smaller, sow when cj3gaged in the hunting of waterfowl on nriFyate 1 rnneea when such activity has been authorized senarate written resolution of the board of tr stees_ Sn2. 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 I 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 q day of O Cqj -& r , 2003. ESQ 0 NE [OWN Atest: :'•Qo r own Clerk M'" 1019103 12:41 PM[sjl] F:1CompanylFirestonelOrdinencelDischargingFirearmsAmend.doe 2 TOWN OF F S ONE, COLORADO Michael P. Simone Mayor ORDINANCE NO. 514-�-- AN ORDINANCE ADOPTING STANDARDS FOR KENNELS AND SPOILAR FACILITIES. WHEREAS, the Board of Trustees finds. that it is necessary and appropriate to adopt standards for kennels and similar facilities to ensure that such facilities to not result in adverse effects to adjoining areas and the community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.04.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted are strieken; words to be added are underlined): 6.04.050 Dog and cat limits. It is unlawful to own, keep or harbor upon the M premises of any dwelling up�t within the Town more than two dogs and two cats over four months of age, except for veterinarian hospitals, kennels, pet shops, education facilities and properly licensed commercial establishments. Outdoor kennels and exercise runs at such veterinarian hospitals, kennels, pet shops, education facilities and propeEly licensed commercial establishments shall be allowedprovided, however that such outdoor kennels and exercise runs shall not exceed _sixteen hundred(1600) 4uuare feet in total area,and shall be located at least one hundred 100 feet from a habitable building. Outdoor kennels and exercise runs are allowed as an accessory use to a dwelling unit; provided, however, that such outdoor kennels and exercise runs shall not exceed two hundred 200 square feet in total area and shall be located at least twenty (20) feet from any habitable building not on the same lot_ 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 ofthis 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 p enalty, 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 r order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. HVTRQDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this W day of n C-D t .,- , 2003. �%REsTO n TOWN' _ SEAL dy He Sod Town Clerk. 101603119A8[kkh) F:\company\Fmesta \Ordumce\KauwKe).aoc 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ORDINANCE NO. S-Q AN ORDINANCE AMENDING ZONING REGULATIONS CONCERNING THE SIZE OF PLANNED UNIT DEVELOPMENTS WHEREAS, pursuant to state law, including but not limited C.R.S. §31-23-301 et seg., the Town is authorized to enact zoning regulations to, among other things, regulate the location and use of buildings, structures and land for commercial, residential, industrial and other purposes; and WHEREAS, pursuant to such authority, the Town has enacted zoning ordinances, including ordinances concerning planned unit developments; and WHEREAS, the Board of Trustees desires to revise such zoning regulations concerning planned unit developments; and WHEREAS, the Firestone Planning and Zoning Commission after notice and hearing has recommended the Board of Trustees adopt the amendments set forth in this ordinance; 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. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 17.22.040 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are str-icken thfeugh): 17.22.040 Size of PUD. There shall be no minimum size for a PUD district. Unless otherwise approved, all commercial, industrial and multi -family residential property_of any size . and .all single- residential property whieh is two acres or more in size shall be developed as a PUD zone district or a PUD overlay district. 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 thus L�'_ day of f)O UP m L K , 2003. �E�TQNE� 0 AT § T: "Qom F��C'nainrry ��,0�04 idy Hegw� own Clerk l ll0UM3 10A3 AM [WI F:1CompanylFhvone\OrdinancelPUD size amend ord doc 2 TOWN OF FtRI$TONE, COLORADO Michael P. Simone Mayor r' ORDINANCE NO. S � q AN ORDINANCE AMENDING SECTION 9.24.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING DISCHARING WEAPONS WHEREAS, the Board of Trustees has previously adopted certain restrictions and exceptions for discharging firearms contained in Section 9.24.020 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees by this Ordinance desires to repeal the exception to discharging weapons that was adopted by Ordinance No. 541. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section iSubsection BA. of Section 9.24.020 of the Firestone Municipal Code is hereby repealed. The repealed provision read as follows {vvurds deleted are stricken thro4ji). 9.24.020 Discharging Weapons. B. Subsection A of this section shall not apply to: r..� . .• LWKIIIIIIJ Sect�nn 2_ If any section, paragraph, sentence, clause, or phrase of this ordinance is held to be tinconstitutional 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 parc'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 this V' • day of n 0 u-e m Lg r , 2003. ,�ES7pN� TOWN OF F S ONE, COLORADO o �rawN •• SE Michael P. Simone tpC •••`p¢QO Mayor Atte Ol1PliY,C f �dyi_ Heg�ood . Town Clerk I t14703 3:30 PM[mjb] F:IC6mpan3AFnestonelOrdbianc:-,\D chai*gFir mmsOrd3tepeal.doc 3127507 11/18/2003 11:18A Weld County, CO 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk Recorder 547 ORDINANCE NO. 'f S AN ORDINANCE APPROVING A REZONING AND, OUTLINE DEVELOPMENT PLAN AMENDMENT FOR AN APPROXIMATELY 44-ACRE TRACT OF LAND KNOWN AS PARCEL 3, DOLLAGHAN P.U.D. PHASE III WHEREAS, Tri=Town Medical Campus, LLC, a Colorado limited liability company, as owner and applicant, has applied for a rezoning of approximately 44 acres of land located in the Northeast Quarter of Section 7, Township 2 North, Range 67 West of the 61h P.M., which property is legally described on Exhibit A attached hereto and is known as Parcel 3, Dollaghan P.U.D. Phase III and is hereinafter referred to as the "Property"; and WHEREAS, the applicant has requested a rezoning of the Property to rezone approximately 16.8 acres of the Property from a Planned Unit Development, Employment Center (PUD EC) zone designation to a Planned Unit Development Neighborhood Center (PUD NC) zone designation, with the balance of the Property to remain zoned PUD EC; and WHEREAS, the applicant has submitted an amended outline development plan in connection with such rezoning request; and WHEREAS, all materials related to the proposed rezoning and amended 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 WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on October 15, 2003, 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, the Board of Trustees considered the proposed rezoning and amended outline development plan at a duly noticed public hearing held on November 13, 2003; and WHEREAS, the Board of Trustees finds the proposed rezoning and amended outline development plan 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 amended outline development plan meet 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 pursuant to C.R.S. § 31-23-305. 1 •IIIII�II�III�II��IIII1111 IIIIII�- IIIIII I .., 3127507 11118/2003 11:18A Weld County, CC 2 of 4 �R 21.00 0 0.00 Sleve Moreno Clerk & Recorder . NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees does hereby approve the proposed rezoning and amended outline development plan for Parcel 3, Dollaghan P.U.D. Phase III, which property is legally 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 from the PUD EC land use category to the PUD NC land use category 16.8 acres of said Parcel 3, in accordance with and subject to the "Carbon Valley Medical Center" amended outline development plan approved herein with conditions by the Board of Trustees. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 13 day of ./lovtm&r , 2003. Ive o S�A�' •o A EST: Qo �o�...... •�o�o� ow, J He d On Clerk 11/171035.02PM[sjl]F'. PaF¢d3-Phase3Ra=p igcxi 7 Michael P. Simone Mayor 3127507. 11/18/2003 11:18A Weld County 'Ca ., 3 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A Legal Description: Overall Parcel 3 Parcel 3, Dollaghan P.U.D. Phase 111, as recorded December'21, 2000 at Reception Number 2814707 of the records of the Weld County Clerk and Recorder. EXCEPTING THEREFROM that portion conveyed by Deed recorded November 1, 2002 at Reception No. 30001402, County of Weld, State of Colorado. 3127507 11/18/2003 11:18A Weld County, CO 4 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorders; EXHIBIT B Rezoning/Outline Development Plan Parcel 3, Dollaghan P.U.D. Phase III Conditions of Approval ODP Text 1. Resolve the ODP acreage discrepancy. 2. Modify ODP vicinity map to show entire area and add the Vicinity Map, to the text sheet. 3. In the Service Requirements section replace "Fire" with "Power" and replace "Carson" with "Carbon". 4. "Region" impacts should read "Regional" impacts, and "create a retail land use opportunities" should read "create retail land use opportunities." 5. Add a summary justification statement for the rezoning in a form approved by the Town Planner. 6. Add a land use table as required by Development Regulations § 7.8.16. 7. Capitalize "Board" in the approval block and correct alignment of approval and notary blocks. 8. Revise title block to reflect that this is amended outline development plan. ODP Map Sheet 9. Make Sheet 1, Sheet 2 and vice versa. 10. Revise title block to reflect that this is amended outline development plan. 11. Show right-of-way widths and driveway cuts as required by Development Regulations § 7.9:3. 1 12. Indicate existing zoning of properties adjoining ODP as required by Development Regulations § 7.9.4. 13. Identify any existing structures and whether they are to remain as required by Development Regulations § 7.9.6. 4 J 1 o�-- ���ruo Q J � I IIIIIIIIIII IIIIIIIIIII IIIII IIIIIIIIIII IIIIIIII Illllill �` 3362261 02/10/2006 02:04P Weld County, CO �- 1 of 3 R 16.00 O 0.00 Steve Moreno Clerk & Recorder j 261 I ORDINANCE NO. SZ! 6 AN ORDINANCE APPROVING THE VACATION OF A DRAINAGE EASEMENT WITHIN THE TOWN OF FIRESTONE. WHEREAS, by document recorded on November 1, 2002, under Reception No. 3001398, Weld County Records, the Town was granted an easement over real property, described in Exhibit A, to construct drainage improvements in connection with the Firestone Boulevard Improvements Project; and. WH=REAS, the Town has been conveyed fee title to the tract required for the drainage improvements, negating the need for the drainage easement, and a request has been made for vacation of such easement; and WHEREAS, the Board of Trustees has determined that the drainage 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 drainage 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 the drainage easement for which vacation is requested. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: SecfifllL1. The Board of Trustees of the Town of Firestone hereby vacates all of the . Town's interest in and to that certain drainage easement conveyed to the Town by instrument recorded November 1, 2002, under Reception No. 3001398 in the Office of the Weld County Clerk and Recorder. Nothing herein shall affect the Town's fee ownership of Tract A, High Plains Marketplace subdivision. Section 2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation affected by this Ordinance. 5ution 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 f 3 day of nnuem b, 2003. !l! IllIIIlrlIl IIIIIIlIlII Ill llll! (III l!!I � 3362261 02/10/2006 02:04P Weld County, CO '2 of 3 R 16.00 l) 0.00 Steve Moreno Clerk &Recorder TOWN OF FIRESTONE, COLORADO 1i0W�.•'°. Michael P. Simone SEAL Mayor o�QU�i�o�0 gv�' �,Hed wn Clerk i'-., I�j11��!!Il1111!!lIIII!!�! ff 3362261 0211012 . 3 of 006 02.04P Weld Coon _ _- 3- R 16.00 D 0.00 Steve Moreno Clerk & Recorder a 4 w EXHIBIT A WELD COUNTY ROAD 24 ROAD IMPROVEMENTS LEGAL DESCRIPTION OF DRAINAGE EASEMENT VACATED A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M.; TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 7, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7 TO HAVE AN ASSUMED BEARING OF S89012'33"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S00006'46"W, 47.66 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7 TO THE POINT OF BEGINNING; THENCE N89035'33"E, 644.72 FEET; THENCE 152.49 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2000.00 FEET, A CENTRAL ANGLE OF 04022'07" AND A CHORD WHICH BEARS S88013'23"E, 152.45 FEET; THENCE S86°02'20"E, 360.12 FEET; THENCE 118.96 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2150.00 FEET, A CENTRAL ANGLE OF 03°10'13" AND A CHORD WHICH BEARS S87037'26"E, 118.94 FEET; THENCE S89012'33"E, 840.30 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF THE UNION PACIFIC RAILROAD SAID LINE ALSO BEING THE EAST LINE OF THAT PARCEL DESCRIBED IN THE DEED ATRECEPTION # 02383136 RECORDED AT THE WELD COUNTY CLERK AND RECORDERS OFFICE; THENCE ALONG SAID LINE S30002'40"W, 91.69 FEET; THENCE N89012'33"W, 795.49 FEET; THENCE 123.39 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 2230.00 FEET, A CENTRAL ANGLE OF 03010'13" AND A CHORD WHICH BEARS N87037'26"W, 123.37 FEET; THENCE N86002'20"W, 360.12 FEET; THENCE 146.39 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1920.00 FEET, A CENTRAL ANGLE OF 04°22'07" AND A CHORD WHICH BEARS N88013'23"W, 146.36 FEET; THENCE S89035'33"W, 645.45 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 7; THENCE ALONG SAID WEST LINE N00006'46"E, 80.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.85 ACRES (167,497 SQUARE FEET) MORE OR LESS. 11117J2003 4:l I PM [mjb] F, iCompany\Firestone\OrdinancelVwate.dne neammem.ord.doe 3 Town of Firestone P.O. Box 100 151 Grant Avenue Firestone, CO 0052r ORDINANCE NO. S q AN ORDINANCE ADOPTING BY REFERENCE THE INTERNATIONAL BUILDING CODE, 2003 EDITION, THE INTERNATIONAL RESIDENTIAL CODE, 2003 EDITION, THE INTERNATIONAL FUEL GAS CODE, 2003 EDITION, THE INTERNATIONAL PLUMBING CODE, 2003 EDITION AND THE INTERNATIONAL MECHANICAL CODE, 2003 EDITION, PROMULGATED BY THE INTERNATIONAL CODE COUNCIL; ADOPTING AMENDMENTS TO SUCH CODES ADOPTED BY REFERENCE; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODES; AND ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODES; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, national building, housing, and safety standards have been developed and from time to time updated, as set forth in various uniform codes, and it is deemed in the best interest of the citizens of Firestone, and in the interest ofthe public health, safety, and general welfare, to amend the current building, plumbing and mechanical codes of the Town, and to adopt by reference thereto certain uniform codes and amendments thereto tailored to accommodate particular circumstances and requirements of the Town; and WHEREAS, the Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the amendment and adoption of said codes; and WHEREAS, the uniform codes and amendments thereof have been submitted to the Board of Trustees in writing and the Board of Trustees has determined that the uniform codes and amendments thereof should be adopted as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.04.020 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.020 International Building Code adopted. The International Building Code, 2003 Edition as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401, Chapters 1 through 35 inclusive and Appendix Chapter I, is hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter ofthe International Building Code (also referred to as the IBC) include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. Except as otherwise provided herein, the International Building Code is adopted in full, including the outline of contents, index, and Appendix Chapter I inclusive contained therein: In all sections of this code where a reference is made to the International Building Code or IBC, said reference shall be to the 2003 Edition of said Code. The town clerk shall maintain sufficient copies of the International Building ,Code as required by law in the Town Hall. Section 2. Section 15.04.025 of the Firestone Municipal Code is hereby repealed. Section 3. Section 15.04.030 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to -read as follows: 15.04.030 International Building Code ---Amendments. The International Building Code as adopted by the town is hereby amended as follows: A. Section 101.1(Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 101.2 (Scope) is amended by the deletion of exception 2 in its entirety. C. Section 101.4.1 (Electrical) is amended by replacing "ICC Electrical Code" with "adopted electrical code". D. Section 101.4.4 (Plumbing) is amended by deletion of the last sentence. E. Section 101.4.5 (Property maintenance) is amended by deletion ofthis section in its entirety. F. Section 101.4.6 (Fire prevention) is amended by renumbering the section as 101.4.5 and replacing "International Fire Code" with "adopted fire code". G. Section 101.4.7 (Energy) is amended by replacing "International Energy Conservation Code" with "Colorado Energy Conservation Standards". H. Section 103.3 (Deputies) is amended by the deletion of the last sentence. I. Section 105.1 (Required) is amended by replacing the words "building official" with "town". J. Section 108.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a 4 permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a pernra for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment." K. Section 109.3.5 (Lath and gypsum board inspection) is amended by deleting the exception in its entirety. L. Section 110.3 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it with "town". M. Section 112.1(General) is amended by deleting the last two sentences and inserting the following: "The members of the Board of Appeals shall be comprised of the members of the Town Board of Trustees." N. Section 112.3 (Qualifications) is amended by deleting the section in its entirety. 0. Section 202 (Definitions) is amended by addition of the following: "`Sleeping Room' (Bedroom) is any enclosed habitable space within dwelling unit, which complies with the minimum room dimension requirements of IBC Section 1208 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms." P. Section 1012.1 (Where required) is amended by the addition of a second paragraph inserted before the exceptions as follows: "All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (9l4.4 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from he building, shall be protected with guardrails conforming to this section around the entire opening, or be provided with an equivalent barrier." Q. Section 1025.2 (Minimum size) is amended by deleting the exception in its entirety. R. Section 1612.3 (Establishment of flood hazard areas) is amended by the insertion of "Town of Firestone" where indicated in Weld County, Colorado and the date of the latest flood insurance study for the town, where indicated in [Date of Issuance]. 3 S. Section 3401.3 (Compliance with other codes) is amended by deleting International Fire Code and inserting in its place "adopted fire code"; deleting International Property Maintenance Code and International Private Sewage Disposal Code, and deleting ICC Electrical Code and inserting in its place "adopted electrical code". T. Section 3410.2 (Applicability) is amended by the insertion of the effective date of building codes for the town where indicated in [DATE]. Section 4. Section 15.04.040 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.040 International Mechanical Code adopted. The International Mechanical Code, 2003 Edition, published by the International Code Council, 5203 Leesburg Pile, Suite 708, Falls Church, Virginia, 22041 -3401, Chapters 1 through 15 inclusive, including Appendix A to such Code, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Mechanical Code include minimum standards relating to the mechanical installations in or in connection with the construction, alteration and repair of new and existing structures including design, construction, installation, quality of materials, locations, operation and maintenance or use of heating, ventilation, cooling refrigeration systems, incinerators and other miscellaneous heat -producing appliances. Except as otherwise provided herein, the International Mechanical Code is. adopted in full, including the outline of contents, index, tables and Appendix A contained therein. In all sections of this code where a reference is made to the International Mechanical Code. said reference shall be to the 2003 Edition of said Code. The town clerk shall maintain sufficient copies of the International Mechanical Code as required by law in the Town Hall. Section 5. Section 15.04.050 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.050 International Mechanical Code --Amendments. The International Mechanical Code as adopted by the town is hereby amended as follows: A. Section 1.01.1(Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 101.2 (Scope) is amended by the deletion of exception 2 in its entirety. 4 C. Sections 103 (Department of Mechanical Inspection),104 (Duties and powers of the code official), 105 (Approval), 106 (Permits), 108 (Violations), and 109 (Means of appeals) are deleted and replaced with the corresponding and applicable provisions contained within Chapter I (Administration) of the International Building Code as amended by the Town of Firestone. D. Section 504.6.1 (Maximum length) is amended by deleting the exception in its entirety. E. Section 506.3.12.2 (Termination through an exterior wall) is amended by deleting the section in its entirety and renumbering Section 506.3.123. to Section 506.3.12.2. F. , Section 603.9 (Joints, seams and connections) is amended by the deletion of the last sentence. G. Section 604.1 (General) is amended by the deletion of "and the International Energy Conservation. Code". . H. Section 703.1.3 (Size of horizontal, openings) is amended by the. addition of the following exception: "Exception: Where combustion air ducts serve equipment which are located within and serve an individual dwelling unit of Groups R-1, R 2, R-3 and R-4 Occupancies and communicate directly with the outdoors, 6 inch (152.4 mm) round comb-.istion air ducts ducted to within 12 inches .(305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 BTU. Where the total combined equipment input rating exceeds 175,000 BTU the ducting shall be increased by an additional 1 square inch (645.2 sq. mm) for each 5,000 BTU/hour or fraction thereof, input rating above 175,000." 1. Section 703.1.4 (Size of vertical openings) is amended by the addition of the following exception: "Exception: Where combustion air ducts serve equipment which are located within and serve an individual dwelling unit of Groups R-1, R-2, R-3 and R-4 Occupancies and communicate directly with the outdoors, 6 inch (152.4 mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input, rating does not exceed 175,000 BTU. Where the total combined equipment input rating exceeds 175,000 BTU the ducting shall be increased by an additional 1 square inch (645.2 sq. mm) for each 5,000 BTU/hour or fraction thereof, input rating above 175,000.1 J. Section 1204.1 (Insulation characteristics) is amended by deleting "shall conform to the requirements of the International Energy Conservation Code," from the first sentence. K. Section 1204.2 (Required Thickness) is amended by the deletion ofthe section in its entirety. Section 6. Section 15.04.060 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.060. International Plumbing Code adopted. The International Plumbing Code, 2003 Edition, as published by the International Code Council, 5203 Leesburg Pike, Suite.600, Falls Church, Virginia 22041-3401, Chapters 1 through 13 inclusive, is hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of the International Plumbing Code (also referred to as the IPC) include comprehensive provisions regulating plumbing installations in or in connection with, new and existing structures and providing uniform plumbing standards for the purpose of protecting the public health, safety and general welfare. Except as otherwise provided herein, the International Plumbing Code is adopted in full, including the outline of contents, index, and Appendices A through L inclusive contained therein. In all sections ofthis code where a reference is made to the International Plumbing Code or IPC, said reference shall be to the 2003 Edition of said Code. The town clerk shall maintain sufficient copies of the International Plumbing Code as required by law in the Town Hall. Section 7. Section 15.04.070 of the Firestone Municipal Code is hereby repealed and reenacted, with amendments, to read as follows: 15.04.070 International Plumbing Code --Amendments. The International Plumbing Code as adopted by the town is hereby amended as follows: A. Section 101.1(Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section 101.2 (Scope) is amended by the deletion of exception 2 in its entirety. C. Section 101.3 (Intent) is amended by the addition of a second paragraph to read as follows: "The intent of this Code is to meet or exceed the requirements of the State of Colorado Plumbing Code. When technical requirements, specifications or standards in the Colorado Plumbing Code conflict with the adopted plumbing code, the more restrictive shall apply. Specifically, the Colorado Plumbing Code shall apply in those instances where the adopted plumbing code does not provide technical requirements, specifications or standards. The adopted plumbing code shall apply in those instances where the Colorado Plumbing Code does not provide technical requirements, specifications or standards. Should the Colorado Plumbing Code and the adopted plumbing code each provide technical requirements, specifications, or standards on any single matter in terms so distinct that determining which is more restrictive is not readily apparent, the Colorado Plumbing Code shall apply. The building official shall render determinations of code applicability under this section." D. Sections 103 (Department of Plumbing Inspection), 104 (Duties and powers of the code official), 105 (Approval), 106 (Permits), 108 (Violations), and 109 (Means of appeal) are deleted and replaced with the corresponding and applicable provisions contained within Chapter 1 (Administration) of the International Building Code as amended by the Town of Firestone. E. Section 305.6 (Freezing) is amended by changing the last sentence to read: "Exterior water supply system piping shall be installed not less than 12 inches (305 mm) below the frost line and not less than 12 inches (305 mm) below finish grade." F. Section 305.6.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 mm)". G. Section 313 (Equipment Efficiencies) is amended by deleting the section in its entirety. H. Section 904.1(Roof extension) is amended by inserting the number "6 (152.4 mm)" where indicated in the second sentence. L Section 1003.3 (Grease traps and grease interceptors) is amended by the addition of the following subsections 1003.3.5 through 1003.3.9: . "1003.3.5 Commercial kitchen sinks. Commercial kitchen sinks located within commercial establishments where food is prepared, cooked, warmed, heated, processed or assembled and which are provided, designed, used or intended to be used to clean pots, pans, plates, flatware or other utensils used in the preparation, serving or consumption of food shall be protected by either a grease trap or a grease interceptor. `1003.3.6 Floor drains, floor sinks, mop sinks. Floor drains, floor sinks, mop sinks or similar fixtures located in commercial kitchen areas where woks, deep fat fryers, grills or similar equipment is.provided or designed for future installation, shall be protected by either a grease trap or a grease interceptor. Exception: The building official shall be permitted to exempt the connection of a floor drain to a grease trap or grease interceptor where such connection is 7 determined by the building official to be infeasible. 1003.3.7 Dishwashing machines. Dishwashing machines when installed in commercial ,establishments where food is prepared, cooked, warmed, heated, processed or assembled shall be discharged through a grease interceptor. 1003.3.8 Chemical treatment agents. Chemical treatment agents used for the emulsification, separation and removal of grease shall be prohibited unless specifically approved or authorized by the building official and: the Town's environmental pre-treatment authority. 1003.19 Grease interceptors. Grease interceptors shall be water and gas tight. Each interceptor shall be engineered to withstand the external loads anticipated to be placed on the interceptor. The minimum volume of grease interceptors shall be 750 gallons. Interceptors shall be permitted to be installed iri series. 1003.3.9.1 Grease interceptor capacity. Grease interceptors shall be sized in accordance with Formula 1003.3.9.1, but shall not be less than two times the flow - through rate. Exception: When interceptors of the calculated size are not commercially available, the building official may authorize a reduction .10% of the calculated interceptor size. Formula 1003.3.9.1 Seating Restaurant Storage Waste Retention Single Service Interce for p [ Capacity X Loading * ] X Factor s X Flow X Time5 X Modifier if _ Volume Factor Rate' b A licable (Gallons) *Seating capacity and Restaurant loading Factor may be comnmea into a stngie racior wnen appruveu ay utu building official when such single factor identifies the peak meals per hour, if such number is known and can be substantiated. 1. Seating Capacity: Equal to occupant load for dining areas as determined by building code. Exception: When applying this formula to Commercial Kitchens which are not generally open to the public; such as but not limited to schools, senior centers, rest or nursing homes, hospitals or congregate residences; the occupant load ofthe nondining areas of the building or buildings being served by the kitchen may be used to determine the peak meals per hour. 2. Restaurant Loading Factor: A factor used to modify the Seating Capacity to approximate the anticipcted maximum meals served per hour (turn overrate) as follows: ❖ Fast food with drive through = 1.25 ❖ Fast food without drive through = 1.0 ❖ High volume (Cafeteria/Lunchroom and/or Facility accessed or fronted on arterial streets) =1.0 4o Medium volume (Family/Casual Dining and or Facility accessed or fronted on collector street) = 0.75 ❖ Low volume (Formal/Leisure Dining Bar/Lounge and/or Facility accessed or fronted on local streets) = 0.5 3. Storage Factor: Equal to hours of operation -_- 8 hours. 4. Waste Flow Rates: ❖ With dishwashing machine = 6 gallons ❖ Without dishwashing machine = 5 gallons Single service kitchen utilizing only disposable and non -reusable serving dishes and utensils (paper and/or plastic) = 2 gallons Additional flow for dishwasher = I gallon ❖ Additional flow for food grinder(disposal) = 1 gallon 5. Retention Time: 2.5 hours Exception: With the approval'of the building official, the retention time for an existing grease interceptor associated with remodels, additions or changes to the original design conditions; and which has been properly serviced and maintained; may be reduced to 2 hours. The building official shall be permitted to require maintenance, service and cleaning logs and shall be permitted to require more frequent maintenance, service or cleaning. 6. Single Service Modifier When Applicable: 0.25 Single Service Restaurants are those whose meals are served using disposable and non -reusable dishes, plates, and eating utensils (paper and/or plastic) and are not provided with a food waste grinder (disposal). 1003.3.9.2 Interceptor construction. Each interceptor shall be prefabricated or field fabricated. Such interceptors shall have not less than one baffle that extends the width of the interceptor, from the bottom to not less than 6 inches (152.4 mm) from the top. The baffle shall have an inverted long radius elbow fitting the same size as the inlet pipe but not less than 4 inches (102 mm). Such fitting shall be installed in the inlet compartment side of the baffle such that the bottom of the fitting is 12 inches (305 mm) above the bottom of the interceptor. Minimum depth of the liquid shall be 42 inches (1067 mm). Each compartment of the interceptor shall be not less than 18 inches square (457 mm) or 18 inches (457 mm) in diameter and be accessible by gas tight covers of equivalent size. 1003.3.9.3 Inlet and outlet piping. The inlet and outlet piping shall have a two-way cleanout tee. Inlet piping shall be 2.5 inches (63.5 mm) above the invert of the outlet piping. The inlet piping within the interceptor shall consist of a vertical elbow or sanitary tee fitting extending at least 24 inches (610 mm) below the water level to at least 8 inches (203 mm) above the bottom of the interceptor when not serving food disposers and at least 12 inches (305 mm) above the bottom when 'serving food disposers. Where a sanitary -tee fitting is used it shall be sealed with an accessible cleanout. The outlet piping within the interceptor shall consist of a vertical sanitary -tee fitting which shall extend below the water level and to the distance above the bottom of the interceptor as installed on the inlet piping. The sanitary -tee fitting and outlet pipe shall be no less than 4 inches (102 mm) in diameter. The sanitary -tee fitting shall be installed in the vertical position and shall extend vertically to an accessible cleanout terminating within 12 inches (305 mm) of, and encompassed by, the access opening. This cleanout shall be properly secured and shall function as a sampling port. W Section 8. Section 15.04.080 Sections A and C ofthe Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are strisken thr-eugh): A. It shall be unlawful for any person to do any act which is forbidden or declared to be a nuisance or to fail to do or perform any act required in the Building Code, or for any person to erect, construct, reconstruct, alter, remodel, use or maintain any building, structure or equipment in the Town of Firestone, or cause to permit the same to be done, contrary to or in violation of any of the provisions of the Building Code. Maintenance of any condition which was unlawful at the time it was initiated and which would be unlawful at the time it was instated after the effective date hereof shall constitute a continuing violation. Any person violating any of the provisions of the Building Code shall be deemed guilty of a separate offense for each and every day or portion thereof during which any such violation is committed, continued or permitted, and upon conviction of any such violation shall be punishable by a fine of not more than one thousand dollars 1 0!)0 , or by imprisonment for not more than .,:.wty (90) done 1 ear, or both such fine and imprisonment. C. It shall be unlawful for any person to erect, construct, reconstruct, alter, remove or change the use of any building or other structure within the town without first obtaining all permits required by the Building Code. No such permit shall be issued unless, the plans for the proposed erection, construction, reconstruction, alteration, removal or use ully conform to the ordinances codified in this title and in titles 16 and 17 of this code-, to the final subdivision plat and final development plan governing the proper1y for which the permit is reyuost d and to other applicable regulations of the town. Section 9. Section 15.04.130 Section A Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are semen A. The adoption of the Building Code as provided for herein shall not create any duty to any person with regard to the enforcement or nonenforcement of said Building Code. No person shall have any civil liability remedy against the town, its officers, employees, or agents, for any damages arising out of or in any way connected with the adoption, enforcement, or nonenforcement of said Building Code. , Neither the adoption of the Building Code nor any provisions thereof shall be construed to create any liability or to waive any of the immunities, limitations on liability, or other provisions of the Governmental Immunity Act, C.R.SS. §24-10-101 etseq. or to waive any immunities or limitations on liability otherwise available. Section 10. Title 15 of the Firestone Municipal Code is hereby amended by the 10 addition of a new Chapter 15.06 to read as follows: Chapter 15.06 INTERNATIONAL RESIDENTIAL CODE Sections: 15.06.010 International Residential Code adopted. 15.06.020 International Residential Code amendments. 15.06.030, Violation and penalties. 15.06.010 International Residential Code adopted. The International Residential Code, 2003 Edition as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401, Chapters 1 through 43 inclusive and Appendix Chapters G and H, is hereby adopted by reference as the Tour of Firestone Residential Building Code as if fully set out in this ordinance with the additions deletions insertions and changes as follows. 15.06.20 International Residential Code amendments. The International Residential Code as adopted by the town is hereby amended to read as follows: A. Section R101.1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. B. Section R101.2 (Scope) is amended by the deletion of exception 2. C. ' Section R102.2.7 (Existing structures) is amended by the deletion of the reference to the "International Property Maintenance Code". D. Section R105.1 (Required) is amended by replacing the words "building official" with "town". E. Section R108.5 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding ofnot more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall 11 not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment." F. Section RI 09.1.5.1(Fire resistance rated construction inspection) is amended by deleting the section in its entirety and replacing it with the following: "Insulation inspection. After all insulation has been installed, in addition to the requirements of the State of Colorado regulations, insulation in residential buildings shall conform to the following standards. Building Element_ Minimum R Value Ceilings R 30 Exterior Walls R-11 Sub -floors over unheated crawl spaces R-11 Windows & Sliding doors Double -glazed" G. Section R109.1.5 (Other inspections) is amended by the addition of a new subsection as follows: "R109.5.2 Lath and gypsum inspection. Inspection of all interior or exterior lathing and gypsum board shall be made after installation but before any plastering is applied or before gypsum board joints and fasteners are taped and finished." H. Section R110.4 (Temporary occupancy) is amended by deleting the words "building official" in the first and second sentence and replacing it with "town". I. Section R1 12.1 (General) is amended by deleting the last three sentences and inserting the following: "The members of the Board of Appeals shall be comprised ofthe members of the Town Board of Trustees." J. Section R202 (Definitions) is amended by addition of the following: "` Sleeping Room' (Bedroom) is any enclosed habitable space within a dwelling unit, which complies with the minimum room dimension requirements of IRC Sections R304 and R305 and contains a closet, an area that is useable as a closet, or an area that is readily convertible for use as a closet. Living rooms, family rooms and other similar habitable areas that are so situated and designed so as to clearly indicate these intended uses, shall not be interpreted as sleeping rooms." K. Table R301.2(1) is filled to provide the following: Table R301.2(1) Climatic and Geographic Design Criteria Ice Shield Ground Snow Load Wind Speed (3 sec. gust Seismic Design Category Subject to Damage From Winter Design Temp Underlay- ment Required Flood hazard Air Freezing Index Mean Annual Temp Weathering Frost Line DM± Termite Decay 2Qpsf 110 Lyons 124 B Severe 30 in. Slight to Moderate None to Slight I NO 1000 45°F 12 L. Section R305.1(Minimum Height) Exception #2 is deleted and replaced with the following: "All basements -in new dwelling units, other than those basements clearly identified as cellars or mechanical spaces, shall have ceiling heights as required for habitable spaces. Where existing non -habitable basements, constructed prior to the adoption of this code, are being converted to habitable uses, the building official shall be permitted to approve a minimum clear ceiling height of 6 foot 8 inches (2632 mm) from the finished floor; and beams, girders, ducts or other obstructions may project to within 6 feet, 4 inches (1931 mm) of the finished floor." M. Section R310.1.1 (Minimum opening area) is amended. by deleting the exception. N. Section R310.2.1 (Ladder and steps)is amended by the addition of the following exception to read as follows: "Exception: Only one window well ladder shall be required in an unfinished basement." O. Section R312.1 (Guards required) is amended by the addition of a third paragraph as follows: "All area wells, stair wells, window wells and light wells attached to any building that are located less than 36 inches (914 mm) from the nearest intended walking surface and deeper than 30 inches (762 mm) below the surrounding ground level, creating an opening greater than 24 inches (610 mm) measured perpendicular from the building, shall be protected with guatdrails conforming to this section around the entire opening, or be provided with an equivalent barrier. Exceptions: 1. The access side of stairways need not be protected. 2. Area and window wells provided for emergency escape and rescue windows may be protected with approved grates or covers that comply with Section R310 of this code. 3. Covers and grates may be used over stairways and other openings used exclusively for the service access or for admitting light or ventilation." P. Section R401.2 (Requirements) is amended by the addition. of the following: "Foundations shall be designed and the construction drawings stamped by :a Colorado registered professional engineer or licensed architect. The foundation design must be based on an engineer's soils report. The drawings must be noted with the engineering firm name, specific location for design and soils report number. A site certification prepared by State of Colorado licensed professional is. required for setback 'verification on all new Group R Division 3 occupancies." Q. Section R405.1 (Concrete and masonry. foundations) is amended with the addition of the following after the first sentence: 13 "All foundation drains shall be designed and inspected by an engineer licensed and registered in the State of Colorado." R. Section R502.2 (Design and construction) is amended by the addition of a second sentence to read as follows: "AU floor systems shall have joists spaced a maximum of 19.2 inches (487.2 mm) on center or shall be designed by a Colorado licensed engineer to have an L/480 limit of deflection." S. Section R602.3.1(Stud size, height and spacing) is amended by the addition of a second sentence to read as follows: "All exterior and load bearing walls shall have studs spaced no more than 16 inches (406 mm) on center." T. Chapter 11 (Energy Efficiency) is deleted in its entirety: U. Section M 1501.3 (Length limitation) is amended by deleting exceptions 1 and 2 in their entirety. V. Section M1703.2.1' (Size of opening) is amended by the addition of the following exception: ` "Exception: Where combustion air ducts serve equipment which are located within and serve an individual dwelling unit and communicate directly with the outdoors, 6 inch (152.4mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 BTU. Where the total combined equipment inpul rating exceeds 175,000 BTU the ducting shall be increased by adding an additional 1 square inch (645.2 sq. mm) for each 5,000 BTU/hour or fraction thereof, input rating above 175,000." W. Section G2407.6.1 (Outdoor combustion air; Two permanent -openings methods) is amended by the addition of the following exception: "Exception: Where combustion air ducts serve equipment which are located within and serve an individual dwelling unit and communicate directly with the outdoors, 6 inch (152.4mm) round combustion air ducts ducted to within 12 inches (305 mm) of the perimeter of the major appliance shall be sufficient to serve a space where the total combined equipment input rating does not exceed 175,000 BTU. Where the total combined equipment input rating exceeds 175,000 BTU the ducting shall be increased by adding an additional 1 square inch (645.2 sq. mm) for each 5,000 BTU/hour or fraction thereof, input rating above 175,000." X. Section G2415.9 (Minimum burial depth) is amended by the addition of the following: All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade. 14 Y. Section G2415.9.1 (Individual outside appliances) is deleted in its entirety. Z. Section G2417.4. I (Test pressure) is amended by changing 3 psig to 10 psig. AA. Section G2420.5 (Equipment shutoff vale) is amended by deleting the exception. BB. Section G2425.8 (Equipment not required to be vented) is amended by the deletion of item 7 and the paragraph that follows. CC. Section G2445 (Unvented room heaters) is deleted in its entirety. DD. Section P2501.1 (Scope) is amended by the addition of a second paragraph to read as follows:. "The intent of this Code is to meet or exceed the requirements of the State of Colorado Plumbing Code. When technical requirements, specifications or standards in the Colorado Plumbing Code conflict with the provisions of this Part VII-Plumbing or the adopted plumbing code, the more restrictive shall apply. Specifically, the Colorado Plumbing Code shall apply in those instances where this Part VII-Plumbing or the adopted plumbing code does not provide technical requirements, specifications or standards. This Part VII- Plumbing or the adopted plumbing code shall apply in those instances where the Colorado - Plumbing Code does not provide technical requirements, specifications or standards. Should the Colorado Plumbing Code and this Part VII-Plumbing or the adopted plumbing code each provide technical requirements, specifications or standards on any single matter in terms so distinct that determining which is more restrictive is not readily apparent, the Colorado Plumbing Code shall apply." EE. Section P2603.6 (Freezing) is amended by changing the last sentence to read: "Water service pipe shall be installed not less than 12 inches (305 nun) deep or less than 12 inches (305 nun) below the frost line." FF. Section P2603.6.1 (Sewer depth) is amended by filling in both areas where indicated to read "12 inches (305 min)". GG. Section. P3103.1 (Roof extension) is amended by filling in both areas where indicated to read "6 inches (152.4 mm)". 15.06.30 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation ofthe provisions of this chapter or the terms of the code adopted -and incorporated herein. Any person convicted of a violation ofany provision of this chapter or of the provisions of the code adopted and incorporated'herein shall be subject to the penalty provided in Section 1.28.010. 15 Section 11. Title 15 of the Firestone Municipal Code is hereby amended by the addition of a new Chapter 15.12 to read as follows: Chapter 15.12 INTERNATIONAL FUEL GAS CODE Sections: 15.12.010. International Fuel Gas Code adopted. 15.12.020 Violation and penalties. 15.12.030 International Fuel Gas Code amendments. 15.12.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2003 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia, 22041, Chapters 1 through 8 inclusive is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Fuel Gas Code include the provision of standards for the design and installation of fuel gas systems and gas fired appliances. Except as otherwise provided herein, the International Fuel Gas Code, 2003 Edition, is adopted in Ul, including the outlir_e of contents and index contained therein. Any reference to the International Fuel Gas Code within this title shall be to the 2003 Edition of said code. The town clerk shall maintain sufficient copies of the International Fuel Gas Code as required. by law in the town hall. 15.12:020 Violation and penalties. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done in violation of the provisions of this chapter, or the terms of the code adopted and incorporated herein. Any person convicted of a violation of any provision ofthis chapter or of the provisions of the code adopted and incorporated herein shall be subject to the penalty provided in Section 1.28.010. 15.12.030 International Fuel Gas Code --Amendments. The International Fuel Gas Code as adopted by the town is hereby amended as follows: A. Section 10 1. 1 (Title) is amended by the addition of the term "Town of Firestone" where indicated. 16 B. Section 101.2 (Scope) is amended by the deletion of exception 2 in its entirety. C. Sections 103 (Department of Inspection), 104 (Duties and powers of the code official), 105 (Approval), 106 (Permits), 108 (Violations), and 109 (Means of appeals) are deleted and replaced with the corresponding and applicable provisions contained within Chapter 1 (Administration) of the International Building Code as amended by the Town of Firestone. D. Section 30l .2 (Energy utilization) is amended by deleting the section in its entirety. E. Section 404.9 (Minimum burial depth) is amended by the addition of the following: All plastic fuel gas piping shall be installed a minimum of 18 inches (457 mm) below grade. F. Section 404.9.1 (Individual outside appliances) is deleted in its entirety. psig. G. Section 406.4.1 (Test pressure) is amended by changing 3 psig to 10 H. Section 409.5 (Equipment 'shutoff valve) is amended by deleting the exception in its entirety. 1. Section 501.8 (Equipment not required to be vented) is amended by the deletion of item 8 and the paragraph that follows. J. Section 614.6.1 (Maximum length) is amended by deleting the exception in its entirety. K. Section 621 (Unvented room heaters) is deleted in its entirety. Section 12. Any person who violates any provision of this ordinance shall be punished by a fine of not more than S 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 13. If any section, paragraph, sentence, clause, or phrase ofthis 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. 17 Section 14. All other ordinances or portions thereofinconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 15. 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 —pih, V ,-- „ _, 2003. Ju y Heg od Town Clerk TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor 11/19/03 M47 AM[mjb] F:1CompanyTirestooelOrdinance\2003BuildingCcdeAmendments.doa 18 c NOTICE OF PUBLIC HEARING TOWN OF FIRESTONE, COLORADO TO CONSIDER AMENDMENTS TO THE TOWWS BUILDING CODES AND THE -ADOPTION BY REFERENCE OF CERTAIN LIFE SAFETY CODES . NOTICE is hereby given that the Board of Trustees of the Town, of Firestone, Colorado, will hold a public hearing at 7:30`p.m. on Thursday, December 11, 2003, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520. The purpose of the hearing will be to consider adoption of an ordinance to: ' 1. Adopt by. reference the International Building Code, 2003 Edition, as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401. The purpose and subject matter of the International Building Code include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. 2. Adopt by reference the International Plumbing Code, 2003 Edition, as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041- 3401. The purpose and subject matter of the International Plumbing Code include comprehensive provisions regulating plumbing installations in or in connection with new and existing structures and providing uniform plumbing standards for the purpose of protecting the public health, safety and general welfare. 3. Adopt by reference the International Mechanical Code, 2003 Edition, published by the International Code Council, 5203 Leesburg Pii ce, Suite 708, Falls Church,' Virginia, 22041-3401. The purpose and subject matter of the International Mechanical Code include minimum standards relating to the mechanical installations in or in connection with the construction, alteration and repair of new and existing structures including 'design, construction, installation, quality of materials, lozations, operation and maintenance or use of heating, ventilation, cooling refrigeration systems, incinerators and other miscellaneous heat -producing appliances. 4. � Adopt by reference the International Fuel Gas Code, 2003 Edition, published by the International Code Council, 5203 Leesburg Pile, Suite 600, Falls Church, Virginia 22041-3401. The purpose and subject matter of the International Fuel Gas Code include the provision of standards for the design and installation of fuel gas systems and gas fired appliances. 5. Adopt by reference the International Residential Code, 2003 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041- 3401. The -purpose and subject matter of the International, Residential Code include comprehensive ,provisions regulating construction of residential areas and providing uniform standards for the purpose of protecting the public health, safety and general welfare. Copes of the building code amendments, the foregoing codes and any secondary codes being considered for adoption are on file with the Town Clerk and are open for public inspection during regular business hours. THE FOREGOING NOTICE WAS PUBLISHED TWICE, on November 25, 2003 (at least 15 days preceding the hearing) and on December 2, 2003 (at least 8 days preceding the hearing) in the 1111910310-34AKmjblF:4CompwyVresmnel0rdmarLce 6BwldmgCodeAmmdmansNo&e.doc 2 TOWN OF FIRESTONE Judy Hegwood Town Clerk ORDINANCE NO.� AN ORDINANCE AMENDING SECTION 2.44.090 OF THE FIRESTONE MUNICIPAL CODE REGARDING SALARIES OF THE MUNICIPAL JUDGE AND MUNICIPAL COURT CLERK WHEREAS, the Board of Trustees is authorized by C.R.S. §§13-10-107(1) and—108(3) to provide by ordinance for the salaries of the municipal judge and municipal court clerk; and WHEREAS, the Board of Trustees desires to amend Section 2.44.090 of the Firestone Municipal Code regarding such salaries. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.44.090 of the Firestone Municipal Code is hereby amended to read as follows: 2.44.050 Salaries. A. Effective January 1, 2004, the salary of the municipal judge shall be an amount not to exceed $ 8,400.00 per year, payable on a monthly basis at $700.00 per month for each month of service, subject to any applicable deductions. B. Effective January 1, 2004, the salary of the municipal court clerk shall be an amount not to exceed $30,000 per year, payable in bi-weekly installments and, subject to any applicable deductions. Section 2. 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 q4k day of QLDO L& 52004. STo F TOWN OF FIRESTO OLORADO C" -roWN SEAL Michael P. Simone Mayor bwn Clerk ORDINANCE N0.5 q Q AN ORDINANCE AMENDING SECTIONS 2.04.060, 2.04.130, AND 2.04.230 OF THE FIRESTONE MUNICIPAL CODE REGARDING COUNTING OF THE MAYOR FOR PURPOSES OF DETERMD41NG QUORUM AND REQUISITE MAJORITY, AND CONFIRMING THE TERM OF OFFICE OF THE MAYOR WHEREAS, the Board of Trustees has previously adopted certain ordinances under which the Mayor is counted for purposes of determining a quorum and the requisite majority on any matter to be voted on by the Board; and WHEREAS, the Board of Trustees wishes to amend these sections to exclude the Mayor from being counted for such purposes; and WHEREAS, pursuant to C.R.S. § 31-4-302, an ordinance may be amended to provide that the mayor shall not be counted for purposes of determining a quorum or requisite majority; and WHEREAS, pursuant to C.R.S. § 31-4-302, such ordinance may be amended only within the sixty days preceding any electron of a mayor; and WHEREAS, the Mayor is elected for a two-year term and the Board of Trustees wishes to specify this term in the Firestone Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section I Section 2,04.060 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 2.04.060 Quorum — Fines for absence or disorderly behavior. At all the meetings of the board of trustees, four of the trustees shall constitute a quorum for the transaction of business, but a minority may adjourn from day to day. 'The mayor shall not be counted for nurnnses of determining a, Tt�nria7�L A fine of twenty-five dollars per absence may be imposed by the board of trustees on any trustee absent from any meeting of the board, regardless of whether or not a quorum was present at.such meeting, unless the board accepts from such trustee a good and sufficient excuse for each such absence. A fine of twenty-five dollars may be imposed by the board of trustees on any member of the board who acts in a disorderly fashion at any meeting of the board. Section 2. Section 2.04.130 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined): 4 2.04,130, Voting requirements — Committee appointments. Ever} member. present shall be required to vote on all questions, except when excused by the board. ne ma i hall not he counted for niirnases of determining the reauisite_maia _ an an; matter to he voted can by the. board. All committees shall be appointed by the presiding officer unless otherwise ordered by a majority vote of the board, and in that case they shall be appointed by ballot. . Section I Section 2.04.230 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined , _ 2.04.230 , Mayor to vote in case of tie. The may nr shall he elected and bald his temof office for two (2) years. The mayor of the town shall not be entitled to vote on any matter that comes before the board of trustees, except in the case of a tie vote. Section 44- 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. . - This ordinance shall take effect upon the assumption of office of the Mayor elected at the April b, 2004 regular Town election. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 42� hru.,Q LvI 2004. �1 e:;- 5jOiVE Attest: •�� � d C61f c�--� own 1I22 004 1:48 PM [n jbl F-.TompanffirWonekOrdmemoeMayorVatingOrdimco.doc 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor -ORDINANCE NO. 5 60 AN ORDINANCE AMENDING SECTION 2.56.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING MEMBERSHIP OF THE FIRESTONE PLANNING AND ZONING COMMISSION WHEREAS, pursuant to applicable state law, the Town has previously created a planning and zoning commission for the Town of Firestone; and WHEREAS, pursuant to C.R.S. § 31-23-203(4), and notwithstanding the provisions of C.R.S. §§ 31-23-203(1) and (3), the Board of Trustees may provide by ordinance for the size, membership, designation of alternate membership, terms of office, removal, and filing of vacancies of the planning and zoning commission; and WHEREAS, the Board of Trustees by this ordinance desires'to revise the membership of the planning and zoning commission so that one additional member is a Town citizen serving by appointment rather than a member of the Board of Trustees serving as an ex officio member; and WHEREAS, this ordinance does not have the effect of shortening any'term of office of any sitting member of the planning and zoning commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.50.020 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are st icken due): 2.56.020 Members. The town planning and zoning commission shall consist of five members as follows: The mayor, and one member- of the bpar-d of 4ttstees selected by " be tmstees, afi of whom who shall be an ex officio members of the commission, and fourdw-ee persons who shall be appointed by the mayor, the appointment of whom shall be confirmed by a majority of the board of trustees. The mayor's terms asof ex officio members shall correspond to them mayor's respeetive official tenures. The term of each appointed member shall be six years or until his or her successor takes office, except that initial appointments shall provide for staggered terms so that at least one vacancy occur every two years. members fifst appointed shW! be W.,@ years, eiie thW shall be fouf years, and ene diir-a "I be sir. years. Members other than the Mayor members fepresenting board of tFustees may be removed, after public hearings, by the mayor for inefficiency, neglect of duty or malfeasance in office. The mayor, or the board of trustees, as the case may be, shall file a written statement of reasons for such removal. Vacancies in appointed membership occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the it member- mayors the ease of member -of WR>ember-s seleetAll or appe .nteehimby M.or her-, er � ---- lllL� by the bear4 of tvstees in the ease of the trustee membe . The respective terms of the members first appointed shall be fixed and designated by the board of trustees at the time of appointment;provided, however, that the member serving in the appointed seated created in 2004 shall serve an initial term ending at the same time as another member, as determined by the board of trustees. 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. thisTRODUCED AD, ADOPTED, .APPROVED, AND ORDERED PUBLISHED IN FULL day of � nA4 y� 2004. �� .STOIVF Town Clerk 213104 1:01 PM[glF 1015ce1Fu)eoonelDrdi ianm\PianningCommismonMem6efft 2 14 J all a W1 Ay N XG) W' , Michael P. Mayor ORDINANCE NO.5S 1 AN ORDINANCE AMENDING THE FIRESTONE SUBDIVISION REGULATIONS REGARDING SETBACKS TO EXISTING AND PLANNED OIL & GAS FACILITIES. WHEREAS, the Board of Trustees finds that it is necessary and appropriate to amend the subdivision regulations set forth in Chapter 16.16 of the Firestone Municipal Code to establish certain setbacks to existing and planned oil & gas facilities. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Reetinn 1. Chapter 16.16 of the Firestone Municipal Code is hereby amended by the addition of a new subsection 16.16.230 to read as follows: 1.6.16.230 Setbacks to oil and gas operations. A. Each subdivision plat shall provide for the following setbacks from existing oil and gas facilities: 1. . Lots shall not be platted within one hundred and fifty (150) feet of an existing oil or gas well or its production facilities. 2. Lots intended for use for a school, educational facility, hospital, nursing home, or congregate care facility, or any assembly building (as defined in COGCC regulations) shall not be platted to allow a building site within three hundred and fifty feet (350) of an existing oil or gas well or its production facilities. 3. Streets shall not be platted within one hundred and fifty (150) feet of an existing oil or gas well or its production facilities. The foregoing shall not apply to flowlines, which shall be subject to subsection 4, below. 4. Any flowlines within or traversing an area proposed for platting shall be placed in a separate tract and shall not be placed within public rights -of -way, other public lands, or lots intended for residential use. Streets may cross flowlines at right angles, or substantially at right angles as determined and approved by the Town Engineer. Lots shall not be platted to allow any building site within, ten (10) feet of a flowline. Building envelopes for habitable structures shall not be platted within twenty-five (25) feet of a flowline. 5. Lots and streets may be platted over well and production sites that have been abandoned and reclaimed in accordance with state law and COGCC regulations and Section 15.48.120 of this code. Such platting shall occur only after the completion of the abandonment and reclamation process. Such platting may not be accomplished by a boundary adjustment. Sectinn 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. 5egfinn 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. Sion 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 12 day of FC b ry a r al , 2004. TOWN OF Michael P. Simone Mayor 2/13104 10:03 AM1F 1CompanylFiratornl0rdinaocelweMocadonsabackord4wl*2-I21W dmft).dac •6_ 6 N1 I M 2 ORDINANCE NO.55.;t, AN ORDINANCE FOR THE REGULATION OF TRAFFIC BY THE TOWN OF FIRESTONE, COLORADO; ADOPTING BY REFERENCE THE 2003 EDITION OF THE "MODEL TRAFFIC CODE"; PROVIDING FOR CERTAIN ADDITIONS, AMENDMENTS AND DELETIONS TO SUCH CODE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, pursuant to section 42-4-110(1)(b), C.R.S., municipalities may, in the manner prescribed by article 16 of title 31, C.R.S., adopt by reference all or any part of a model municipal traffic code that embodies the rules of the road and vehicle requirements as set out in the state traffic laws; and WHEREAS, the Colorado Department of Transportation has prepared and adopted a 2003 revised edition of the Model Traffic Code for Colorado; and WHEREAS, the Town desires to adopt the 2003 revised edition of the Model Traffic Code for Colorado, with amendments, and has provided notice of the adoption of such Code by reference in the manner required by state law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1.. Section 10.04.020 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: Sec.10.04.020. Model Traffic Code — Adopted — Copy on file. Pursuant to Parts' 1 and 2 of Article 16 of Title 31, C.R.S., there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the Model Trafe Code for Colorado promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, CO 80222. The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the Town. The purpose of this ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. Three (3) copies of the Model Traffic Code adopted herein are now filed in the office of the Town Clerk of Firestone, Colorado, and may be inspected during regular business hours. Section 2. Section 10.04.050 of the Firestone Municipal Code is hereby repealed and reenacted, to provide for the following additions, amendments or deletions to the Model Traffic Code adopted by this ordinance, to read as follows: Sec. 10.04.050. Additions or modifications. The following additions, amendments or deletions are made to Article I of the Model Traffic Code for. Colorado, 2003 Edition: A. Section 106, Who may restrict right to use highways, is amended by the addition of a new subsection (4) to read as follows: (4) When official signs are posted giving notice thereof, no person shall operate a truck or other commercial vehicle with a gross weight in excess of 10,000 pounds at any time upon any municipal street within the Town except for Grant Avenue. B. Section 1101, Speed limits, subsection (4) and subsection (7) are deleted, and subsection (2) is amended to read as follows: (2) Where speed limits are posted by an official traffic control device, it shall be unlawful for any person to drive any vehicle in excess of the posted speed limits. Where speed limits are not posted, and where no special hazard exists, the following speeds shall be lawful: (a) Twenty-five (25) miles per hour in any residence district, as defined in Section 42-1-102(80), C.R.S.; (b) Thirty (30) miles per hour in any, business district, as defined in Section 42-1-102(11), C.R.S.; (c) Fifteen (15) miles per hour in alleys. C. Section 1204, Stopping, standing, or parking prohibited in specific places, is amended by the addition of a new subsection (1)(1) to read as follows: (1)(1) Adjacent to any municipal park unless the occupants of the parked vehicle are using the park or park facilities. P4 D. Section 1212, Trailer, trailer coach, utility trailer, school bus, motor home or mobile home parking, is added to read as follows: Section 1212, Trailer, trailer coach, utility trailer, bus, motor home or mobile home parking. (1) Except as provided in subsection (2) of this section, no trailer, trailer coach, utility trailer, bus or motor home, as defined in this Model Traffic Code, and no mobile home, as defined in Title 17 of the Firestone Municipal Code, shall be parked, attached or detached; on any public right-of-way within the Town. (2) A motor home or trailer coach may be parked within a residential area for a period of time not to exceed forty- eight hours within any seven-day period provided the home or coach is being parked for the purpose of loading or unloading during such period, and not for storage. (3) Whenever a motor home or trailer coach is parked as permitted under subsection (2) of this section, the owner thereof shall post or place a conspicuous notice on the home or coach to advise third parities of the approximate time when the home or coach will be moved. E. Section 1213, Bus, camper coach, trailer coach, mobile home, motor home and recreational vehicle restrictions, is added to read as follows: Section 1213. Bus, camper coach, trailer coach, mobile home, motor home and recreational vehicle restrictions. No bus, camper coach, trailer coach, mobile home, motor home or recreational vehicle shall be used for living, sleeping or residing on any street or public right-of-way within the Town. F. Section 1214, Parking not to obstruct traffic or maintenance, is added to read as follows: Section 1214. Parking not to obstruct traffic or maintenance. No person shall park any vehicle upon a street or highway in such a manner or under such conditions as to interfere with the free movement of vehicular traffic or proper street or highway maintenance. G. Section 1402, Careless driving, is amended to read as follows: tj Section 1402. Careless driving. (1) Any person who drives any motor vehicle, bicycle, or motorized bicycle anywhere within the Town in a careless and imprudent manner, without due regard for the width, grade, curves, comers, traffic, traffic control devices, traffic markings, objects, pedestrians, or the use of the streets. and highways, or any other attendant circumstances, is guilty of careless driving. (2) It shall be prima facie evidence of a violation of this section for a person driving a motor vehicle to have caused the squealing of the tires of the vehicle as the result of the sudden acceleration of the vehicle, or for such person to have caused the vehicle to weave from side to side. (3) It shall be prima facie evidence of a violation of this section for a person driving a motor vehicle, bicycle or motorized bicycle to have collided with any stationary object, -including but not limited to a building or other structure, fence, sign post, parked vehicle, utility pole or barricade. H. Subsections (1) and (2) of Section 1705, Persons arrested to be taken before the proper court, are amended to read as follows: (1) Whenever a person is arrested for any violation of this Code, the arrested person, unless admitted to bail, shall be taken without unnecessary delay before the municipal judge, in any of the following cases: (a) When a person arrested demands an appearance without unnecessary delay before a judge; (b) When the person is arrested and charged with an offense under this Code causing or contributing to an accident resulting in injury or death to any person; (c) When the person is arrested upon a charge of failure to stop in the event of an accident causing death, personal injuries or property damage. (2) Whenever any person is arrested by a police officer for any violation of this Code and is not required to be taken before 4 the municipal judge as provided in subsection (1) of this section, the arrested person shall, in the discretion of the officer, either be given written notice or summons to appear in court as provided in section 1707 and admitted to bail or released upon personal recognizance, or be taken without unnecessary delay before the municipal judge when the arrested person does not furnish satisfactory evidence of identity or when the officer has reasonable and probable grounds to believe the person will not appear in court as directed by a summons. The court shall provide a bail bond schedule and available personnel to accept adequate security for such bail bonds. 1. Section 1709, Penalty assessment notice for traffic offenses — violations of provisions by officer — driver's license, is amended to read as follows: Section 1709. Penalty assessment notice for traffic offenses = refusal. Whenever the defendant refuses to accept service of the penalty assessment notice, tender of such notice by the peace officer to the defendant shall constitute service thereof upon the defendant. J. Section 1717, Conviction — attendance at driver improvement school, is amended to read as follows: Section 1717. Conviction — attendance at driver improvement school. Whenever a person has been convicted of violating any provision of this Article, which regulates the operation of vehicles on highways, the municipal court, in addition to the penalty provided for the violation or as a condition of either probation, a deferred sentence, or the suspension of all or any portion of any fine or sentence of imprisonment for a violation, may require the defendant, at his own expense, if any, to attend and satisfactorily complete a course of instruction at any designated driver improvement school providing instruction in the traffic laws of this state, instruction in recognition of hazardous traffic situations, and . instruction in traffic accident prevention. Unless otherwise provided by law, such school shall be approved by the court. K. The following sections of Article 1 of the Model Traffic Code for Colorado, 2003 Edition, are specifically not adopted as part of the adoption of said Code: Section 227(3)(b); Section 229(1); Section 235(3); Section 601; Section 1412(10)(d); Section 1707, Subsections (2) and (5); Section 1710, �I Subsections (2), (3) and (4); Section 1901; Section 1903, Subsections (6) and (7); and Section 1904. 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 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 4. The repeal or modification of any portion 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. Section 6. This ordinance is deemed necessary for the health, safety and welfare of the community. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL THIS Z 0A day of t for a r , 2004. 0 'ZO 'a •a �OTTES�'.:�`o�o� CouNr' 6 MOM 12:15 PM [twb] 112ksmerkompany\Firestone\Ordiranm\MTC2003.ednpt.dor C TOWN OF FI TONE, COLORADO Michael P. Simone, Mayor ORDINANCE NO. AN ORDINANCE GRANTING RELIEF FROM THE FIRE SPRINKLER REQUIREMENTS OF THE INTERNATIONAL BUILDING CODE ("IBC") FOR MULTI -FAMILY DEVELOPMENT PROJECTS WHICH HAD A CURRENT AND APPROVED FINAL DEVELOPMENT PLAN IN PLACE PRIOR TO ADOPTION OF THE IBC. WHEREAS, the Board of Trustees adopted the 2003 International Building Code ("IBC") effective January 15, 2004; and WHEREAS, prior to adoption of the IBC, the Uniform Building Code {"UBC") was controlling in the Town of Firestone; and WHEREAS, the fire sprinkler requirements for multi -family development projects are more stringent in the IBC than the UBC; and WHEREAS, the Board of Trustees finds that the fire. sprinkler requirements of the IBC should not be applied to those multi -family development projects which had a current and approved final development plan in place prior to adoption of the IBC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1- The Board of Trustees hereby declares that the fire sprinkler requirements in Section 903.2.7 of the IBC shall not apply to any multi -family development project which had a current and Town Board approved final development plan ("FDP") in place prior to January 15, 2004, the effective date of the IBC, provided such development is otherwise undertaken and completed in full conformance with all conditions and regulations applicable to such previously approved FDP. 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. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Z(o day of = ruar y . Michael P. Simone Mayor 1 Attest: Ipt 2 AM [mjbj F:T..T v\Firesto AOrdincnceUBCsprinHerrdief.ord.dw of ' 70WN • SEAL ra ORDINANCE NO..SYq AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT WITH MUNICIPAL SERVICES GROUP, INC. FOR A PLOW TRUCK AND A MOWER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. §31-15-801 et seq., 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 of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of one new 2004 International Diamond SPEC 7600 plow truck and one new Toro Groundmaster 4000-D mower. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain Lease Purchase Agreement between the Town and Municipal Services Group, Inc., (the "Lease") for lease and acquisition of one new 2004 International Diamond SPEC 7600 plow truck and one new Toro Groundmaster 4000-D mower (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. INTROI?UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 21 day of Fe_ b r u a r y , 2004. ES�O�� R TOWN SEAL ATT� ., .�Qflo 2124/04 9:50 AM [sj.] F:\CompanylFirwonelbrdV-ftNPurchmP[owTruck(2004) N TOWN OF FIRESTONE—GOLORADO Michael P. Simone Mayor ORDINANCE NO. ass 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, Article 45, 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 wn C-b r K_ 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 Nine Hundred Seventy -Nine (979) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the IM► (yok and loan d uk 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, the governing body of a Colorado municipal corporation acting in its overnmental ca a it or as governing body of a water activity enterprise (circle capacity in which governing body is acting), 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 beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Nine Hundred Seventy -Nine (979) acre-feet to be used so long as the Applicant fully complies with all of the terms, conditions, and obligations hereinafter set forth. r 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 Water Conservancy District. 3. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (11310,000) 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 I 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 full, 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 I 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: P. O. 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 provisions of C.R.S. Section 37-45432 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. 5. This 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. 7. 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, 1438, between said District and the United States and all amendments thereof and supplements thereto. 8. 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 the 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 this water 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. that it shall be published in the manner and shall take effect as provided by the statutes of the State of Colorado -or ek—Aer Ont. Passed and adopted, signed and approved this ' day of C1t t , A.D., 2004. TOWN OF FIRES E �oNE \��S �........... B 0�� y s'ATE ' ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for Nine Hundred Seventy -Nine (979) 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 12th day of March A.D., 2004. ATTES Acti tart' ^- � 4 4111441111114111411141144141141111411414 3253234 01/14/2005 03:01P Weld County, CQ ` 1 of 2 R 11.Q0 A 0.00 Steve Moreno Clerk It Recorder ORDINANCE NO. 556 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE SABLE GLEN ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Sable Glen 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 February 10, 17 and 24 and March 2, 2004 in the Daily Time-s-Call, and,February 11.,,1.8 and 25 and March 3, 2004 in the Farmer and 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 finther 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: Seetinn 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 Sable Glen Annexation, is hereby approved and such property is made a part of and annexed to the Town of Firestone. SeWou 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. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this 1 l th day of March, 2004. -TOWN� '% VTEST::' fl© • vi own Clerk TOWN OF FIRES' Michael P. Simone Mayor 1111111111 IN 11111111111111111111111111111111111 3253234 01/14/2005 03:01P Weld County, CO 2 of. 2 R 11.00 D 0.00 Steve Moreno Clerk & Recorder _ - _ _.---- -- - - EXHIBIT A . LEGAL DESCRIPTION SABLE GLEN ANNEXATION A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 TO BEAR SOUTH 89030'56" EAST; THENCE SOUTH 89030'56" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 00007'45" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION NO. 2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 89044'46" WEST, A DISTANCE OF 400.00 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 00007'45" WEST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC GAP, STAMPED "LS 23513", SAID CORNER IS ALSO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89044'46" WEST, ALONG SAID NORTH LINE A DISTANCE OF 928,01 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE SOUTH 00000'54" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1341.24 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,746,999 SQUARE FEET OR 40.106 ACRES, MORE OR LESS. 3116/04 1123 AM [sjlj F.NCompenylFimuoucWwe)l,5ableG3en.ord.dce 2 �-� ..I�"�IIII llll II !IIlII 111 IlIII IIII IIII 3253235 01/14/2005 03:01P Weld County, CO ' 1 of 4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO.557 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE SABLE GLEN ANNEXATION WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and made a part hereof, and known as the Sable Glen 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 (PUD R-A), Open Space (PUD-OS) and Neighborhood Center (PUD-NC) 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 Sable Glen 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 Sable Glen 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), Open Space (PUD- OS) and Neighborhood Center (PUD-NC) pursuant to the zoning ordinances of the Town and in accordance with the Sable Glen 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. 11111111111i lllll lllllll 111 lllli lllllll 111 1111111111111 3334180 10/25/2005 03:32P Weld County, CO 1 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Recorder I JM11111111111111111W�1111111111111 1 3253235 01/14/2005 03:01P y, " 2 of 4 R 21.00 _D 0.00 Steve Moreno Clerk & Recorder Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Sable Annexation 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 I Ith day of March, 2004. ATTEST- 111 IIIII Illllllllf Ill!! Iill IIII 3334180 10/25/2005 G3:32P Weld County, CO I 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder 2 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor .m I l l l l l l l l l l l l l l l l l l Iim 11111111111111 3253235 01114/2005 03:01P Weld County, CO 3 of. 4 R 21.00 D 0.00 Steve Moreno_Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION SABLE GLEN ANNEXATION The Following Property is Zoned PUD Residential A (PUD R-A) and PUD Open Space (PUD OS): A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE .OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 TO BEAR SOUTH 89030'56" EAST; THENCE SOUTH 89030'56" EAST, ALONG SAID SOUTH LINE A DISTANCE OF 1331.43 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 00°07'45" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1246.62 FEET TO THE SOUTHEAST CORNER OF OUTLOT "G", BOOTH FARMS, SECOND FILING RECORDED AT RECEPTION NO.2909675 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 89°44'46" WEST, A DISTANCE OF 400.00 FEET TO THE SOUTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC CAP, STAMPED "LS 23513"; THENCE NORTH 00007'45" WEST, A DISTANCE OF 100.00 FEET TO THE NORTHWEST CORNER OF SAID OUTLOT "G", SAID CORNER IS MONUMENTED WITH A 1/2" REBAR & PLASTIC GAP, STAMPED "LS 23513", SAID CORNER IS ALSO A POINT ON THE NORTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE NORTH 89044'46" WEST, ALONG SAID NORTH LINE A DISTANCE OF 928,01 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12; THENCE SOUTH 00°00'54" WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, A DISTANCE OF 1341.24 FEET TO THE TRUE POINT OF BEGINNING; Except for the following described property: Insert specific legal description of PUD-NC area The Following Property Is Zoned PUD Neighborhood Commercial (PUD-NC): Insert specific legal description of P UD-NC area 3 11111111111111111111111111111111111111111111111111 IN 3334180 10/25/2005 03:32P Weld County, CO 3 of 6 R 31.00 0 0,00 Steve Moreno Clerk & Recorder (CHORD BEARS NORTH 45029'04" EAST, 301.23 FEET); THENCE SOUTH 89030' 56" EAST, A DISTANCE OF 28.62 FEET; THENCE SOUTH 00°07'45" EAST, A DISTANCE OF 309.58 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 244.93 FEET TO THE POINT OF BEGINNING; CONTAINING 65,578 SQUARE FEET OR 1.505 ACRES, MORE OR LESS. Illl III Illll lllllll Ill IIIII 1111 IN I IIIIII IIIII lllll III 3334180 10/2512005 03.32P Weld County, Co ,4 of 6 R 31.00 Q G.00 Steve Morena Clerk & Recorder 11111111111111111111111111111111111111111111111111111111111111 IN 3334180 10/25/2005 03:32P Weld County, CO 5 of 6 R 31.00 B 0.00 Steve Moreno Clerk & Recorder Except for the following described property: SABLE GLENN LOT NO.87 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGR' NINGi AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 11/4 OF THE SOUTHEAST 1/4 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE SOFT 1/4 TO BEAR SOUTH 89*3056" EAST; THENCE NORTH 8404732" EAST, A DISTANCE OF 810.61 FEET TO THE POINT OF BEGINNING; THENCE NORTH 00"29'04" EAST, A DISTANCE OF 96.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 90000'00", AN ARC DISTANCE OF 334.58 FEET (CHORD REARS NORTH 4502.9'047 EAST, 30I.23 FE" . THENCE SOUTH 8903W56" EAST, A DISTANCE OF 28'.62 FEET; THENCE SOUTH 00007'45" EAST, A DISTANCE OF 309.58 FEET; THENCE NORTH 89031'25" WEST, A DISTANCE OF 24493 FEET TO THE POINT OF BEGINNING; CONTAINING 65,578 SQUARE FEET OR 1.505 ACRES, MORE OR LESS. The Following Property Is Zoned PUB Neighborhood Commer (PUD-NC. SABLE GLENN LOT NO.87 LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TEE SOUTHWEST CORNER OF SAID, SOUTHWEST 1/4 OF THE' SOUTHEAST 1/4 OF SECTION 12 AND CONSIDERING THE SOUTH LINE OF SAID SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 TO BEAR SOUTH 89030'56" EAST; THENCE NORTH 84047'32" EAST, A DISTANCE OF 810.61 FEET TO THE POINT OF BEGINNING, THENCE NORTH 00029'04" EAST, A DISTANCE OF 96.60 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 213.00 FEET AND A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 334.58 FEET 4 11111111111111011111111111111111111 IN 3253235 01/14/2005 03:01P Weld County, Co ,,4—of4_R_21.00_D 0.0U Stebe_Mareno Clerk S Recorder EXHIBIT B Sable Glen Annexation Zoning and Outline Development Plan Conditions of Approval 1. Modify all submitted documents pursuant to comments from the Town Engineer. 2. Modify the Environmental section to reference information indicating that a "J Sand well was drilled on the property, and that that well is now abandoned." 3. Modify the Land Use and Zoning section to include the following: Specifically, residential architecture will be high quality and incorporate rock or brick as well as enhanced architectural detailing such as numerous roof pitches on the front elevations, basements where ground water limitations permits, a minimum building square footage, and "4 sided architecture" along Sable Avenue, corner lots and lots adjoining open space areas. 3/16104 11:29 AM [sjlj F:1CompanylFirestoneVmex\SabkeUea.zone,ord.doc 1 IIIIII IIIII IIIII. IIIIIII III III Ilillllllllllllllllllllll 3334180 10125/2005 03:32P Weld County, CO 6 of 6 R 31.00 D 0.00 Sterne Moreno Clerk & Recorder 4 do 'f ORDINANCE NO. -5 s 2 AN ORDINANCE AMENDING CERTAIN SECTIONS OF CHAPTERS 17.30 AND 17.31 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE PLACEMENT OF SIGN PLAZAS WITHIN THE TOWN WHEREAS, the Board of Trustees has previously adopted a sign code for the Town, the provisions of which are codified in Chapters 17.30 and 17.31 of the Firestone Municipal Code and in related provisions of the Firestone Development Regulations; and WHEREAS, the Board of Trustees desires to amend certain sections of the sign code regarding the placement of sign plazas within public rights -of -way in the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. 'Section 17.30.110 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are strieken thfough): 17.30. t 10. 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 indemnifyies 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. E. If the proposed structure is for a sign plaza intended to provide direction to two or more developments, -the Revocable Permit Agreement shall be executed by the entity that will install and maintain the sign panels, and no individual Permit Agreement shall be required- for each entity utilizing thesiggplaza. KV plazas may be authorized solely for sign panels intended to provide direction to homebuyers to the location of residential subdivisions under development and to provide direction to public facilities, and may not be used for an,. o�p1oose. 1 F. The Board of Trustees may consider such other factors and criteria as it determines relevant to the application and may reject any application if the Board determines that such application is not in furtherance of the public health: safety or welfare or the best interest of the Town. Section 2. Section 17.31.080 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sly): 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 504-80 sq. ft., (3) has a maximum height of 1012 ft, (4) is located at least 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. The foregoing square footage and height limits may be increased to no more than, respectively, 64 sq. ft. and 12 feet, pursuant to the procedures and criteria of section 17.31.120. B. Temporary Freestanding on -site Residential Informational Signn. 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 (4) is not lighted and 5 is not located within the public right-of-way, a sight triangle established for an intersection or street, or otherwise in a location determined unsafe by a Town official. 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. Off -Site Sign Plaza Panel Signs. Builders may utilize sign panels on sign plazas installed within the public right-of-way. Any such use shall be in - accordance wish the approvals and agreements governingthe use of such N plaza. Sign plazas are intended to provide direction to homebuyers to the location of residential subdivisions under development and to provide direction to public facilities, and may not be used for any other purpose. E13. 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. 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 3 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 f S+1�day of f p .1_ '_� 2004 TOWN OF FIRESTONE, COLORADO ESTO TOWN SEAL Michael P. Simone Mayor c2L J dy H ood Town Clerk .. 415l64 8:12 AM [s I]FI0FFICEWhtstow\0rc LSignPlams (ORDINANCE NO. AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT WITH WELLS FARGO BROKERAGE SERVICES, LLC FOR EF JOHNSON POLICE RADIOS ' WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. §31-15-801 et SeMc ., 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 equipment; and WHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of 14 police radios (model EF Johnson 5100 portable), 12 police radios (model EF Johnson 5300 mobile), and related police radio equipment. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO:" Section 1. That certain Governmental Lease -Purchase Master Agreement and Supplement to Master Lease between the Town and Wells Fargo Brokerage Services, LLC (the "Lease") for lease and acquisition of 14 police radios (model EF Johnson 5100 portable),12 police radios (model EF Johnson 5300 mobile), and related equipment, as further described in the Lease and related documentation therefor (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, Town Clerk, Town Administrator and Chief of Police 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 ADD 1 , 2004. TOWN OF FIRESTONE, COLORADO ��R�S r��jF •�••��t0WN Y L r •' �� Michael P. Simone AL Mayor A t.......••' �QO �, coy° 415l04 2:44 PM [s ]) F:1CompurhF"uestone10rdU c&w wchzsdtadios (2004) 0) - � 4444I414144411�4 44I44144i14 444 �14�4 44141�14 �, 4 4114441�41I . 3461531 0311312007 10:14A Weld County, co 1 of 4 R 21.000 a 0.00 Steve Moreno Clerk & Recorder --� ORDINANCE NO. 5 60 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE LANCE ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Lance Annexation, also known as Cowboy Corral, KIA, 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 April 22, 2004 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on March 16, 23, 20 and April 6, 2004 in the Daily Times -Call and March 17, 24,21 and April 7, 2004 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 Lance 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 a2a- day of Q:30('i I 12004. TOWN OF FIREST01a. COLORADO ESTONF ,rp' TOWN•• SEAL Aft NTY,���O Michael P. Simone, Mayor 1111111111111111111111111111111111111111111111111111111111111 3461531 03/13/2007 10:14A Weld County, CO 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN SECTIONS 10, 11,14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 11 BEARS S 00°29'39" W AND MONUMENTED AS FOLLOWS: -THE SOUTHWEST CORNER OF SAID SECTION 11 BEING A 2 %Z" ALUMINUM CAP IN RANGE BOX. STAMPED GREENHORNE & O'MARA INC., LS 28656, 1994. -THE WEST QUARTER CORNER OF SAID SECTION 11 BEING A 3 1/4" ALUMINUM CAP IN RANGE -BOX STAMPED COLORADO DEPARTMENT OF TRANSPORTATION, LS 24305, 1999. COMMENCING AT SAID SOUTHWEST CORNER OF SECTION 11; THENCE S 89040' 13" E ALONG THE SOUTH LINE OF SAID SOUTHWEST CORNER OF SECTION 11, A DISTANCE OF 49.43 FEET TO A POINT ON THE WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION RECORDED AT RECEPTION NO. 2546405 IN BOOK 1604 AT PAGE 381 WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 01 0'13'06" W ALONG SAID WESTERLY LINE, A DISTANCE OF 30.01 FEET; THENCE N 89040' 13" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 48.58 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE N 89042'45" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 34.52 FEET; THENCE N 06008'20" E, A DISTANCE OF 2711.32 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE N 05043'25" E, A DISTANCE OF 1125.97 FEET; THENCE N 39349'44" E, A DISTANCE OF 312.50 FEET TO THE SOUTHEASTERLY CORNER OF AN UNPLATTED PARCEL OF LAND RECORDED AT RECEPTION NO. 2365868 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID UNPLATTED PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: N 39049144" E, A DISTANCE OF 638.44 FEET; ALONG THE ARC OF A CURVE TO THE LEFT HAVING A LONG CHORD OF N 30°07'01" E, A DISTANCE. OF 255.15 FEET, A RADIUS OF 756.18 FEET, A CENTRAL ANGLE OF 19°25'33" AND AN ARC LENGTH OF 256.38 FEET; THENCE N 02°06'3I" W, A DISTANCE OF 372.32 FEET TO THE SOUTHWEST CORNER OF RAM LAND ANNEXATION RECORDED AT RECEPTION NO.2720551 WELD COUNTY PUBLIC RECORDS; 2 I Iddlll ddldd Illld 1111111 dddl 11111111111111111113461531 Q311312007 IN IN 1Q.14A Weld County, Co 3 of 4 R 21.00 C 0.00 -Steve-Moreno Clerk & Recorder THENCE S 891,48'04" E ALONG THE SOUTHERLY LINE OF SAID RAM LAND ANNEXATION, A DISTANCE OF 185.90 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 13 REVISION 3 COLORADO DEPARTMENT OF 'TRANSPORTATION RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2670924 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 13 REVISION 3 THE FOLLOWING SIX (6) COURSES: 1. S 00010'41" W, A DISTANCE OF 111.14 FEET; 2. ALONG THLE ARC OF A CURVE TO THE RIGHT HAVING A LONG CHORD OF S 20000'13"W, A DISTANCE OF 597.49 FEET, A RADIUS OF 880.85 FEET, A CENTRAL ANGLE OF 39°39'03" AND AN ARC LENGTH OF 609.58 FEET; 3. S 39049'44" W, A DISTANCE OF 638.44 FEET; 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A LONG CHORD OF S 23024,42" W, A DISTANCE OF 504.54 FEET, A RADIUS OF 892.59 FEET, A CENTRAL ANGLE OF 32°50'03" AND AN ARC LENGTH OF 511.51 FEET; 5. S 04021'46" W, A DISTANCE OF 471.56 FEET; 6. S 06059'41" W, A DISTANCE OF 148.84 FEET; THENCE S 06059'49" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL 15 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 3126093 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 201.46 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE S 07000' 16" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF TRANSPORTATION PARCEL NO. 17 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2599113 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 661.49 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 19 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2819771 WELD COUNTY PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES: 1. S 07000' 16 W, A DISTANCE OF 399.35 FEET 2. S 33051'01" W, A DISTANCE OF 54.80 FEET; 3. S 06058'48" W, A DISTANCE OF 60.74 FEET -TO A POINT ON THE NORTHERLY LINE OF LOT B, EXEMPTION NO 1313-11-3RE1717 RECORDED AT RECEPTION NO. 2447218 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE NORTHERLY, EASTERLY AND SOUTHERLY LINES OF SAID LOT B THE FOLLOWING THREE (3) COURSES; 1. S 89033'44" E, A DISTANCE OF 632.08 FEET; 2, S 65°46'09" W, A DISTANCE OF 624.35 FEET; 3. N 86043'09" W, A DISTANCE OF 642.51 FEET TO THE NORTHEASTERLY CORNER OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 23 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2722252 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO.23 RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 3 '�� II�IIIII�IIi�ll4l��Illill�lllilll�lllll�l�lll�l . 1 34fi1531 615 03I1312007 10:14A Weld County, CO � 4 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder 1. S 07000' 16" W, A DISTANCE OF 119.14 FEET TO NON -TANGENT CURVE; 2. ALONG THE ARC OF A NCN-TANGENT CURVE -TO THE LEFT HAVING A LONG CHORD OF S 06009' 13" W A DISTANCE -OF 482.61 FEET, HAVING A RADIUS OF 16252. 26 FEET, AND A CENTRAL ANGLE OF 01042'05" AND AN ARC LENGTH OF 482.63 FEET; 3. N 88057'00" W, A DISTANCE OF 12.35 FEET THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF- WAY RECORDED AT BOOK 1503, PAGE 581 WELD COUNTY PUBLIC RECORDS THE FOLLOWING TWO (2) COURSES: 1. S 05046'09" W, A DISTANCE OF 148.29 FEET; 2. S 001,29'39" W, A DISTANCE OF 141.89 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SABLE AVENUE (COUNTY ROAD 22) SAID POINT ALSO BEING THE NORTHWEST CORNER OF.SAID FIRESTONE SIXTH ANNEXATION; THENCE S OV33'06" W ALONG SAID WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,008,326 •S.F OR 23.148 ACRES, MORE OR LESS. 04122/2004 I PM Ckkh] F:\Company\Firestone\AmexationV-Amee.ord.doc 4 IIIi�I I�YII IIIII 1111111 IN 11111111111111111111111 IN 532 3461532 03/13/2007 10:14A Weld County, CO i of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder Ji ORDINANCE NO.� AN ORDINANCE ZONING- PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE LANCE ANNEXATION WHEREAS, a petition for annexation. of certain property, described in Exhibit A attached hereto and ma& a part hereof, and known as the Lance Annexation, also known as Cowboy Corral, KIA, 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 Lance 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 Lance 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 Cowboy Corral 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 Cowboy Corral KIA subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. 144 ii44i 44i1 lii4 . 1ii411ii4ii4114i4ilill4iii4141i4illiil . 1 12007 10:14A Weld County, CO 3461532 03113 2 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder INTRODUCED,. READ, ADOPTED, APPROVED,, AND ORDERED PUBLISHED IN FULL this�2 day of , 2004. TOWN OF FIRESTONE, COLORADO STQ� �.. Michael P. Simone Pad Mayor A ��-1�0�0 kownye od Clerk 2 ' Illilllllill IIIIIIIIIIII Ililllllll II1i411�lllilllll Ilil 3461532 03/13/2007 10:14A Weld County, CC 3 of 9 R 46.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Regional Commercial (PUD-RC): A PARCEL OF LAND LOCATED IN SECTIONS 10, 11,14 AND 15, TOWNSHIP 2 NORTH, RANGE 68 WEST, OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO. MORE PARTICULARY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 11 BEARS S 00029'39" W AND MONUMENTED AS FOLLOWS: -THE SOUTHWEST CORNER OF SAID SECTION 11 BEING A 2 %2" ALUMINUM CAP IN RANGE BOX STAMPED GREENHORNE & O'MARA INC., LS 28656,1994. -THE WEST QUARTER CORNER OF SAID SECTION 11 BEING A 3 1/4" ALUMINUM CAP IN RANGE BOX STAMPED COLORADO DEPARTMENT OF TRANSPORTATION, LS 24305, 1999. COMMENCNG AT SAID SOUTHWEST CORNER OF SECTION 11; THENCE S 89040' 13" E ALONG THE SOUTH LINE OF SAID SOUTHWEST CORNER OF SECTION 11, A DISTANCE OF 49.43 FEET TO A POINT ON THE WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION RECORDED AT RECEPTION NO. 2546405 IN BOOK 1604 AT PAGE 381 WELD COUNTY PUBLIC RECORDS SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S 01033'06" W ALONG SAID WESTERLY LINE, A DISTANCE OF 30.01 FEET; THENCE N 89040' 13" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH SAID SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11, A DISTANCE OF 48.58 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE N :39°42'45" W ALONG A LINE 30 FEET SOUTH AND PARALLEL WITH THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 10, A DISTANCE OF 34.52 FEET; THENCE N C6008'20" E, A DISTANCE OF 2711.32 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE N 05043'25" E, A DISTANCE OF 1125.97 FEET; ki 1111111111 HE 111111111111111C 3461532 03/13/2007 10:14A Weld County, CO �_4 of 9 R 46.00 0 0.00 Steve Moreno Clerk & Recorder THENCE N 39°49'44" E, A DISTANCE OF 312.50 FEET TO THE SOUTHEASTERLY CORNER OF AN UNPLATTED PARCEL OF LAND RECORDED AT RECEPTION NO.2365868 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID UNPLATTED PARCEL OF LAND THE FOLLOWING TWO (2) COURSES: 1. N 39049'44" E, A DISTANCE OF 638.44 FEET; 2. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A LONG CHORD OF N 30007'01" E, A DISTANCE OF 255.15 FEET, A RADIUS OF 756.18 FEET, A CENTRAL ANGLE OF 19025'33" AND AN ARC LENGTH OF 256.38 FEET; THENCE N 02006731" W, A DISTANCE OF 372.32 FEET TO THE SOUTHWEST CORNER OF RAM LAND ANNEXATION RECORDED AT RECEPTION NO. 2720551 WELD COUNTY PUBLIC RECORDS; THENCE S 89°48'04" E ALONG THE SOUTHERLY LINE OF SAID RAM LAND ANNEXATION, A DISTANCE OF 185.90 FEET TO THE NORTHEASTERLY CORNER OF PARCEL 13 REVISION 3 COLORADO DEPARTMENT OF TRANSPORTATION RIGHT-OF- WAY RECORDED AT RECEPTION NO.2670924 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 13 REVISION 3 THE FOLLOWING SIX (6) COURSES: 1. S 00"10'41" W, A DISTANCE OF 111.14 FEET; 2. ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A LONG CHORD OF S 20000' 13"W, A DISTANCE OF 597.49 FEET, A RADIUS OF 880.85 FEET, A CENTRAL ANGLE OF 39039'03" AND AN ARC LENGTH OF 609.58 FEET; 3. S 39049'44" W, A DISTANCE OF 638.44 FEET; 4. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A LONG CHORD OF S 23024'42" W, A DISTANCE OF 504.54 FEET, A RADIUS OF 892.59 FEET, A CENTRAL ANGLE OF 32050'03" AND AN ARC LENGTH OF 511.51 FEET; 5. S 04021'46" W, A DISTANCE OF 471.56 FEET; 6. S 06059'41" W, A DISTANCE OF 148.84 FEET; THENCE S 06059'49" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL 15 RIGHT-OF-WAY RECORDED AT RECEPTION NO.3126093 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 201.46 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11; 4 I lllllllllll lllll lllllii �ninnn ii��im� ins �n llll111111111111111111111111111 IIIII III IIIII IIII IIII 3461532 03/13/2007 10:14A Weld County, CO 5 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder THENCE S 07000' 16" W ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF TRANSPORTATION PARCEL NO. 17 RIGHT-OF-WAY RECORDED AT RECEPTION NO.. 2599113 WELD COUNTY PUBLIC RECORDS, A DISTANCE OF 661.49 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 19 RIGHT-OF-WAY RECORDED AT RECEPTION NO. 2819771 WELD COUNTY PUBLIC RECORDS THE FOLLOWING THREE (3) COURSES: 1. S 07000' 16 W, A DISTANCE OF 399.35 FEET 2. S 33051'01" W, A DISTANCE OF 54.80 FEET; 3. S 06058'48" W, A DISTANCE OF 60.74 FEET TO A POINT ON THE NORTHERLY LINE OF LOT B, EXEMPTION NO 1313-11-3RE1717 RECORDED AT RECEPTION NO.2447218 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE NORTHERLY, EASTERLY AND SOUTHERLY LINES OF SAID LOT B THE FOLLOWING THREE (3) COURSES; 1. S 89033'44" E, A DISTANCE OF 632.08 FEET;. 2. S 05°46'09" W, A DISTANCE OF 624.35 FEET; 3.. N 86043'09" W, A DISTANCE OF 642.51 FEET TO THE NORTHEASTERLY CORNER OF COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO. 23 RIGHT-OF-WAY RECORDED AT RECEPTION NO.2722252 WELD COUNTY PUBLIC RECORDS; THENCE ALONG THE EASTERLY LINE OF SAID COLORADO DEPARTMENT OF HIGHWAYS PARCEL NO.23 RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES: 1. S 07000' 16" W, A DISTANCE OF 119.14 FEET TO NON -TANGENT CURVE; 2. ALONG THE ARC OF A NON -TANGENT CURVE TO THE LEFT HAVING A LONG CHORD OF S 06009' 13" W A DISTANCE OF 482.61 FEET, HAVING A RADIUS OF 16252.26 FEET, AND A CENTRAL ANGLE OF 01042'05" AND AN ARC LENGTH OF 482.63 FEET; 3. N 88057'00" W, A DISTANCE OF 12.35 FEET; THENCE ALONG THE EASTERLY LINE OF COLORADO DEPARTMENT OF HIGHWAYS RIGHT-OF-WAY RECORDED AT BOOK 1503, PAGE 581 WELD COUNTY PUBLIC RECORDS THE FOLLOWING TWO (2) COURSES: 1. S 05046'09" W, A DISTANCE OF 148.29 FEET; 2. S 00029'39" W, A DISTANCE OF 141.89 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SABLE AVENUE (COUNTY ROAD 22) SAID POINT ALSO BEING THE NORTHWEST CORNER OF SAID FIRESTONE SIXTH ANNEXATION; 5 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII -. 3461532 03113/2007 10:14A Weld County, CO 6 of 9 R 46.00 D 0.00 Steve Moreno Clerk & Recorder THENCE S 01033'06" W ALONG SAID WESTERLY LINE OF FIRESTONE SIXTH ANNEXATION, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 1,008,326 S.F OR 23.148 ACRES, MORE OR LESS. 31 I IIIIII I�I�I IIIII I�IIIII IIII III�I� IIIII III ��III IIII I 3461532 03/13/2007 10:14A We 7 of 9 R 46.00 a 0.00 Steve Moreno UClerk &Recorder EXHIBIT B Lance Annexation Zoning and Cowboy Corral KIA Outline Development Plan Conditions of Approval Annexation . 1. Execute an annexation agreement as prepared by the Town Attorney. 2. Revise Owners' Approval and notary blocks, Town Approval block and Surveyor's Certificate to conform with the Firestone Development Regulations. 3. Consistently label portion of boundary of parcel to be annexed that is contiguous with the Town.of Firestone. 4. Confirm the entire width of the Interstate 25 frontage road is included in the territory to be annexed. 5. Submit updated title commitment and tax certificate. Outline Development Plan 6. Revise the "Project Concept" section to read as follows: Cowboy Corral, KIA is approximately 23.148 acres, with a net parcel area of 8.393 acres that is utilized as an automobile sales and service business. The intent of this Outline Development Plan is to define the existing site features and business use of this property. Cowboy corral KIA wishes to become annexed by the Town of Firestone without any proposed site changes. Future intentions would include possible changes to sign features, building additions or reconstruction, and additional asphalt parking areas. Any such changes or additions would be in accordance with the Town of Firestone preliminary and final development plan processes. 7.. Revise the first sentence of the "Environmental Information" section to read as follows: Currently, no wildlife migration routes or large mammal crossings are located on the property. 8. Revise the "Utilities" section to read as follows: ST. Vrain Sanitation District provides sanitary sewer service to the property. Potable water for Cowboy Corral KIA is currently provided by Central Weld 7 ! IIIIII IIIII IIIII IIIIIII IIII IIIIII IIIII !tl 11111 IN IN 3461532 03/13/2007 10:14A Weld County, CO 8 of 9 R 46.00 D 0.00 Steve Moreno Clerk $ Recorder County Water District. Water service is intended to continue to be provided by Central Weld until such time as it is transferred to the Town of Firestone. The property is services with natural gas and electricity from KN Energy and United Power, respectively. 9. Remove "Grading" section, as it is a restatement of the "Utilities" section. Add grading information. 10. Revise the last sentence of the "Service Requirements" section to read as follows: The site is currently services by Mountain View Fire Protection District, and will be served by whichever fire district is responsible for the area. 11. Revise the "Land Use and Zoning" section to read as follows: The existing land use for this property is automobile sales and service. Existing zoning of this 8.393=acre property is unincorporated commercial. The proposed zoning for Cowboy Corral, KIA in the Town of Firestone is PUD with the Regional Commercial land use category, which includes the car dealership use. Any development or redevelopment of the site would be in accordance with the Firestone Development Regulations for the Regional Commercial land use category. 12. Revise the "Density" section to read as follows: The existing density of the property is in accordance with the development standards for the Town of Firestone PUD-RC zoning. 13. On the ODP map, remove the "Dedication" language shown above the legal description since no dedications are made by approval of an ODP. 14. On the ODP map, label the area "Regional Commercial." 15. On the ODP map, revise "Notarial" to read "Notary." General 16. Modify the applications pursuant to redline comments from the Town Engineer. 17. The annexation agreement shall require the applicant to exclude from the Mountain View Fire Protection District, and include in the Frederick Firestone Fire Protection District upon the request of the Town. 8 3461532 03/13/2007 10:14A Weld County, CO 9 of 9 R 46.00 0 0.00 Steve Moreno Clerk & Recorder 18. Prior to any subdivision or further development of the property, a hazardous materials management plan must be submitted along with the application to address any hazardous materials on site at the time of application. 19. Provide information regarding owners of interest in the application materials for the Town Board. 04/22/2004 200 PM [kkh] F NCampanylFirestonelAmmtionVL nc .zone.ord.doc 9 ONIE ORDINANCE NO. So,) - AN ORDINANCE PROVIDING FOR THE IMPOSITION BY THE MUNICIPAL COURT OF COSTS OF CARE FOR IMPRISONED DEFENDANTS. WHEREAS, C.R.S. § 18-1.3-701 permits the court to assess the cost of care against convicted defendants who receive a term of imprisonment as part of their sentence; . WHEREAS, pursuant to an intergovernmental agreement with the Weld County Sheriffs Department, the Town currently is responsible for paying the cost of care for defendants who are imprisoned as a result of a conviction in the municipal court; and ' WHEREAS, the Board of Trustees wishes to recover those costs of care from convicted defendants to the extent allowable by law. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1, Chapter 2.44 of the Firestone Municipal Code is hereby amended by the addition of a new section 2.44:065 to read as follows: 2.44.065 Cost of care. A. In addition to all other fines and costs that may be assessed against a defendant, the court may assess the cost of care against any defendant who is sentenced to a term of imprisonment. B. The cost of care shall be assessed in accordance with applicable law. C. "Cost of care" means the costs associated with maintaining an offender in custody as defined by Section 18-1.3-701(5)(a), C.R.S. 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. 5ectian 3. 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. Sectian 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 day -of ' C� p{Zf� 2004. TOWN OF FIRESTONE COLORADO RCS 7,0 To SEA Michael P. Simone Y ���fff � Mayor J Heg od Town Clerk 4121/20" 3:37 PM [mb] Y1FirestonelOrdinanre incercerationcostordinance.doc 2 ORDINANCE NO. 563 AN ORDINANCE INCREASING THE SIZE OF THE PARKS AND TRAILS ADVISORY BOARD. .WHEREAS, the Firestone Parks and Trails Advisory Board was created in 2001 to provide input, advice and recommendations on park and trail issues of concern to the Town and its citizens; and WHEREAS, there has been increasing interest is participation on the Parks .and Trails Advisory Board, and the Board of Trustees by this ordinance desires to increase the size of such Board. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section2.58.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are stFiskea t1wotigh 2.58:030. Members. The parks and trails advisory board shall consist of six €rye 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 five few 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 five few members shall be as follows: 2 two-year terms, -21 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. Section 2. Section 2.58.050 of the Firestone Municipal Code is hereby amended to read as follows (wards to be added are underlined; words to be deleted are stri k n 4ffe,,,.r,): 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 any 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. Four wee 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. 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. 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 6th day of May, 2004. own Clerk 5/13/04 633 PM[s I]F:1Off oe\FimtonelOrdinanceTarks&T-ailsHoardAmendamm TOWN OF FIRE , COLORADO Michael P. Simone Mayor 4 • II ��I�I III" III�I IIII III��III II��I III �llll II'I I�il f IIIII 3253236 01/14/2005 03:01P Weld County, CO 1 of 4 R 21.00 D 0.00 - S_ teve Moreno Clerk & Recorder �= _. --- ORDINANCE N0. S In AN ORDINANCE APPROVING A REZONING AND OUTLINE DEVELOPMENT PLAN AMENDMENT FOR THE OVERLOOK AT FIRESTONE, FILING NO.3 WHEREAS, there has been 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 79 acres, which property is known as the Overlook at Firestone, Filing No. 3 and legally described in Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, the rezoning request is to rezone the property from a Planned Unit Development, Residential --A, -B and —C (PUD R-A, PUD R-B, and PUD R-C) land use designation to a Planned Unit Development Residential -A (PUD R-A) land,.use designation; 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 eompliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances, regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission has held a properly noticed public 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 has recommended approval of the application with conditions; and WHEREAS, the Board of Trustees considered the proposed rezoning and ODP amendment at a duly noticed public hearing held on June 10, 2004; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment is consistent with the Town's plan for the area; 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 that the conditions of approval recommended by the Planning and Zoning Commission have been met in the resubmittal presented to the Board; and WHEREAS, the Board of Trustees finds that the proposed rezoning and ODP amendment should be approved, and that conditions 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: 11111111111111111 � _ l 111111111111111111111111111eld C 111111 2005 03:01P Weld County, CO 3253236 01114I 2 of 4 R 21.00 0.00 Steve Moreno Clerk & Retarder 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. Overlook at Firestone, Filing No. 3, which property is legally described on Exhibit A, attached hereto and incorporated herein by reference, and the Town Board does.hereby rezone such property described on Exhibit.A from Planned Unit Development, Residential A, B and C (PUD R-A, PUD R-B, and PUD R-C) to Planned -Unit Development Residential -A (PUD R-A). The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of Su n e- , 2004. iD ST0'V ti TOWN Mich, e P. Simone Mayor ems` 'y . ,.�•p� !� ••�Q• NFY, Town Clerk 6/10/04 6:52 PM[s ]IF:10fce\Firestone\Ord\OverinokF ling3ODPwnmKIBoerd.ord 2 f IlIIII II!!! 1II!! 11111 IN 111111111111111111111111111113263236 01/14/2005 03:01P Weld County, CO 3 of 4 R 21.00 p O�teve Moreno Clerk $ Recorder EXHIBIT A THE OVERLOOK AT FIRESTONE FILING NO.3: LAND DESCRIPTION: A DESCRIPTION OF A RESUBDIVISION OF TRACT 1, THE OVERLOOK AT FIRESTONE, REPLAT "A", LOCATED IN THE NEIA OF SECTION 30, T2N, R67W OF THE 6TH P.M., IN THE TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO. A STRIP OF LAND LOCATED IN TRACT 1, THE OVERLOOK AT FIRESTONE, REPLAT "A", A SUBDIVISION IN THE NEI/4 OF SECTION 30, T2N, R67W OF THE 6TH P.M., IN THE TOWN OF FIRESTONE, WELD COUNTY, STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF: BEGINNING AT THE NORTHWEST CORNER OF THE NORTH LINE OF THE NE 1/4 OF SEC. 30, T2N, R67W OF THE 6TH P.M. THAT BEARS N90°00'00"E (BASIS OF BEARING); THENCE S00036'10"E, A DISTANCE OF 1056.38 FEET, TO A POINT OF NON -TANGENCY; THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 31 °5959", A RADIUS OF 177.69 FEET, AN ARC LENGTH OF 99.24 FEET, WITH A CHORD BEARING S16°36'10"E, A DISTANCE, OF 99.24FEET, TO A POINT OF TANGENCY; THENCE S00036'10"E, A DISTANCE OF 91.97 FEET; TO A POINT OF TANGENCY; THENCE ALONG A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 90002-27", A RADIUS OF 11.00 FEET, AN ARC LENGTH OF 17.29 FEET, WITH A CHORD BEARING S45°37'24"E, A DISTANCE OF 15.56 FEET, TO A POINT OF TANGENCY; THENCE N89°21'23 "E, A DISTANCE OF 88.99 FEET; THENCE S00036'10"E, A DISTANCE OF 459.74 FEET; THENCE S89°21'23"W, A DISTANCE OF 86.01 FEET; TO A POINT OF TANGENCY; THENCE ALONG A CURVE TO THE LEFT HAV ING A CENTRAL ANGLE OF 89057'33", A RADIUS OF 11.00 FEET, AN ARC LENGTH OF 17.27 FEET, WITH A CHORD BEARING S44°2236"W, A DISTANCE OF 15.55 FEET, TO A POINT OF TANGENCY; THENCE S00°36'10"E, A DISTANCE OF 172.23 FEET; THENCE N89°46'25"E, A DISTANCE OF 30.00 FEET; THENCE S00°36'10"E, A DISTANCE OF 30.00 FEET; THENCE N89046'25 "E, A DISTANCE OF 231.46 FEET; THENCE N00°1335"W, A DISTANCE OF 105.00 FEET; THENCE N89046'28"E, A DISTANCE -OF 276.56 FEET; THENCE S00028'48"E, A DISTANCE OF 10.02 FEET; THENCE N89046'25"E, A DISTANCE OF 230.21 FEET; THENCE S89002'14"E, A DISTANCE OF 140.03 FEET; THENCE N89042'53 "E, A DISTANCE OF 89.73 FEET; THENCE N00028'48"W, A DISTANCE OF 14.81 FEET; 3 . I llllll lllll fllll lllll llll llllllll lllll III Hill 1111 IN 3253236 01/14/2005 03:01P Weld County, CO 4 of_4 R 21.00 0 0.00 Steve Moreno Clerk & Recorder THENCE N89046'25"E, A DISTANCE OF 54.00 FEET; THENCE S00028'48"E, A DISTANCE OF 113.75 FEET; TO A' POINT OF TANGENCY; THENCE ALONG A CURVE. TO THE LEFT HAVING A CENTRAL ANGLE OF 89050' 18", A RADIUS OF 11.00 FEET, AN ARC LENGTH OF 17.25 FEET, WITH A CHORD BEARING S45023'57"E, A DISTANCE OF 15.53 FEET, TO A POINT OF TANGENCY; THENCE N89040'54"E, A DISTANCE OF 320.70 FEET; THENCE N00° 19'06"W, A DISTANCE OF 100.00 FEET; THENCE N89040'54"E, A DISTANCE OF 75.00 FEET; THENCE N00028'48"W, A DISTANCE OF 10.00 FEET; THENCE N89040'54"E, A DISTANCE OF 54.00 FEET; THENCE S00028'48"E, A DISTANCE OF 8.73 FEET; THENCE N89040'54"E, A DISTANCE OF 103.03 FEET; THENCE N00028'48"W, A DISTANCE OF 398.31 FEET; THENCE N89059'59"E, A DISTANCE OF 300.00 FEET TO A POINT ON THE EAST LINE OF THE NE114 OF SECTION 30, T2N, R67W OF THE 6TH P.M.; THENCE N00028'48W ALONG THE EASTERLY LINE OF THE NEIA OF SECTION 30, T2N, R67W OF THE 6TH P.M., A DISTANCE OF 1437.00 FEET TO A POINT ON THE NORTH LINE OF THE NEIA OF SECTION 30, T2N, R67W OF THE 6TH P.M.; THENCE N90000'00W ALONG THE NORTHERLY LINE OF THE NE1/4 OF SECTION 30, T2N, R67W OF THE 6TH P.M., A DISTANCE OF 1950.55 FEET, TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 3,438,590.45 SQUARE FEET, OR 78.94 ACRES, MORE OR LESS. 9 ORDINANCE NO.565 AN ORDINANCE AMENDING SECTION 2.56.020 OF THE FIRESTONE MUNICIPAL CODE REGARDING MEMBERSHIP OF THE FIRESTONE PLANNING AND ZONING COMMISSION WHEREAS, pursuant to applicable state law, the Town has previously created a Planning and Zoning Commission for the Town of Firestone; and WHEREAS, pursuant to C.R.S. § 31-23-203(4), and notwithstanding the provisions of C.R.S. §§ 31-23-203(1) and (3), the Board of Trustees may provide by ordinance for the size, membership, designation of alternate membership, terms of office, removal, and filing of vacancies of the Planning and Zoning Commission; and WHEREAS, the Board of Trustees by this ordinance desires to revise the membership of the Planning and Zoning Commission so that the number of commissioners is increased to by two such that six Town. citizens serve by appointment along with the Mayor as ex officio member; and WHEREAS, the Board of Trustees desires to structure the Planning and Zoning Commission such that the Chairman of the Planning and Zoning Commission shall preside over all meetings and hearings that come before the Commission but shall be a non -voting member; and WHEREAS, this ordinance does not have the effect of shortening any term of office of any sitting member of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.56.020 of the Firestone Municipal Code is hereby amended to react as follows (words added are underlined; words deleted are st6ekell dife): 2.56.020 Members. The town planning and zoning commission shall consist of five seven members as follows: The mayor, who shall be an ex officio member of the commission, and few six persons who shall be appointed by the mayor, the appointment of whom shall be confirmed by a majority of the board of trustees. The mayor's term as ex officio member shall correspond to the mayor's official tenure. The term of each appointed member shall be six years or until his or her successor takes office, except that initial appointments shall provide for staggered terms so that at least two vacancies occur every two years. Members other than the mayor may be removed, after public hearings, by the mayor for inefficiency, neglect of duty or malfeasance in office. The mayor, or the board of trustees, as the case may be, shall file a written statement of reasons for such removal. Vacancies in appointed membership occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the mayor. The respective terms of the members first appointed shall be fixed and designated by the board of trustees at the time of appointment; provided, however, that the member serving in the appointed seated created in 2004 shall serve an initial term ending at the same time as another member, as determined by the board of trustees. Section 2. Section 2.56.040 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sly}: 2.56.040 Organization and rules. Each commission shall elect its chairman from among the appointed members and create and fill such other of its offices as it -may determine.. The chairman of the commission shall preside at all meetings and hearings of the commission but shall not be entitled to vote on any matter that comes before the commission, except in the case of a tie vote. The term of the chairman shall be one year, with eligibility for re- election. Each commission shall hold meetings from time to time as necessary. Each commission shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. It may also hold special meetings from time to time as it shall deem necessary; special meetings shall be at the call of the chairman of the commission or upon request of any three of its members. A complete record shall be kept at the Town Hall of all proceedings of the commission, which records shall be available for public examination at all appropriate times. 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. 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 8th day of July, 2004. TOWN OF FIRESTONE, COLORADO FA pl- ,sTONZOwN 0N SEAL • �Q ATT mo .. I hRI 6130l04 2:32 PM[ed]]F:1OfEceTireAonel0rdinanm\PEanningCommissionMemberddp(6-30-04) Dennis Bertron Mayor Pro-tem ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15.04.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE REFUND OF FEES COLLECTED PURSUANT TO THE BUILDING CODE. WHEREAS, the Board of Trustees previously adopted the 2003 International Building Code, including amendments thereto tailored to accommodate particular circumstances and requirements of the Town; and WHEREAS, the Board of Trustees desires to further amend the 2003 International Building Code concerning the refund of fees. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Firestone Municipal Code, Section 15.04.030, subsection J is hereby amended to read as follows (words to be added are underlined; words to be deleted are strisken diratgb): 15.04.030 International Building Code ---Amendments. The International Building Code as adopted by the town is hereby amended as follows: J. Section 108.6 (Refunds) is amended by deleting the section in its entirety and replacing the section with the following: "The town may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The town may authorize refunding of not more than 80 percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this code. The town may authorize refunding of not more than 80 percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or cancelled before any plan reviewing is done. The town shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. There shall be assessed for any refund request_ granted a refund processing fee of $100.00. Such fee may be deducted in whole or in part from the amount to be refunded; no refund shall be made until the refund fee is paid in full." 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 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 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 _—)ft day of A u a as+ 12004. r-SSTONF TOHVN SJEAL jdyHe ood wn Clerk TOWN OF FIRESTONE, COLORADO Mi ael P. Simone Mayor 08102104 2:53 PM[ed]] F:ICompmr TirestonelOrdinence12004BuildingCodeRefundAmmdme t.doc Ia ORDINANCE NO.5 � 7 AN ORDINANCE APPROVING A REZONING OF 704 FIRST STREET FROM R- I RESIDENTIAL TO C-I COMMERCIAL WHEREAS, there has been submitted to the Board of Trustees of the Town of Firestone an application for the rezoning of property located at 704 First Street, which property is legally described on Exhibit A attached hereto and is hereinafter referred to as the "Property"; and WHEREAS, the applicant has requested a rezoning of the Property from R-1 Residential zone district designation to C-I Commercial zone district designation; and WHEREAS, all materials related to the proposed rezoning have been .reviewed by Town Staff and Firestone Planning and Zoning Commission and found to be in compliance with Town of Firestone zoning ordinances, Development Regulations, and related Town ordinances,'regulations, and policies; and WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on August 18, 2004, 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, the Board of Trustees considered the proposed rezoning at a duly noticed public hearing held on August 19, 2004; 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 meets the applicable criteria of the Town's ordinances and Development Regulations and is consistent with the Town's plan for the area, and should be approved; and 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: Section 1. That certain property located at 704 First Street, the legal description of which is set forth in Exhibit A attached hereto and made a part hereof, is hereby rezoned from R-1, Residential to C-1 Commercial pursuant to the zoning ordinances of the Town. The Town zoning map shall be amended accordingly. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this I qi 4" day of U: a s+ , 2004. EXHIBIT A Legal Description LEGAL DESCRIPTION: PART OF THE UNPLATTED NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF BLOCK 9, FIRESTONE; THENCE NORTH ALONG THE WEST LINE OF BLOCK 9, EXTENDED AND THE EAST LINE OF FIRST STREET, 60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH ALONG THE EASTERLY LINE OF FIRST STREET 125 FEET; THENCE EAST 100 FEET; THENCE SOUTH 125 FEET; THENCE WEST 100 FEET TO THE POINT OF BEGINNING, EXCEPT THAT PORTION CONVEYED IN DEED RECORDED MAY 15, 2001 UNDER RECEPTION NO.2848763, COUNTY OF WELD, STATE OF COLORADO. 3 ORDINANCE NO.568 AN ORDINANCE AMENDING TITLES 15,16 AND 17 OF THE FIRESTONE MUNICIPAL CODE REGARDING BUILDING, SUBDIVISION AND ZONING REQUIREMENTS NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.04.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in st-ikeeut; words to be added underlined): 15.04.020 Uniform Building Code adopted. The International Building Code, 2003 Edition as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401, Chapters 1 through 35 inclusive and Appendix Chapter I, is hereby adopted by reference thereto and incorporated into and made part of the Firestone Municipal Code. The purpose and subject matter of the International Building Code (also referred to as the IBC) include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. Except as otherwise provided herein, the International Building Code is adopted in full, including the outline of contents, index, and Appendix Chapter I inclusive contained therein. In all sections of this code where a reference is made to the International Building Code or IBC, said reference shall be to the 2003 Edition of said Code. The Town Qer-k Building Department shall maintain sufficient copies of the International Building Code as required by law in the Town Hall. Section 2. Section 15.04.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeettt; words to be added underlined): 15.04.040 Uniform Mechanical Code adopted. The International Mechanical Code, 2003 Edition, published by the International Code Council, 5203 Leesburg Pike, Suite 708, Falls Church, Virginia, 22041-3401, Chapters 1 through 15 inclusive, including Appendix A to such Code, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Mechanical Code include minimum standards relating to the mechanical installations in or in connection with the construction, alteration and repair of new and existing structures including design, construction, installation, quality of materials, locations, operation and maintenance or use of heating, ventilation, cooling refrigeration systems, incinerators and other miscellaneous heat -producing appliances. Except as otherwise provided herein, the International Mechanical Code is adopted in full, including the outline of contents, index,'tables and Appendix A contained therein. In all sections of this code where a reference is made to the International Mechanical Code, said reference shall be to the 2003 Edition of said Code. The Town QeA Bui� ldiniz Department shall maintain sufficient copies of the International Mechanical Code as required by law in the Town Hall. Section 3. Section 15.04.150 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see ; words to be added underlined : 15.04150 Copies of code. The Town Oer-k Building Department shall maintain sufficient copies of the Building Code as required by law in the Town Hall. Section 4. Section 15.08.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in sW;keeut; words to be added underlined): 15.08.010 National Electrical Code adopted. The National Electrical Code, 1996 Edition, published by the National Fire Protection Association, whose address is Batterymarch Park, Quincy, Massachusetts 02269, including the Uniform Administrative Code Provisions for the National Electrical Code, is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of this code concerns standards and requirements pertaining to electrical installations. Except as otherwise provided herein, the National Electrical Code is adopted in ft 1, including the outline of contents and index contained therein. Any reference to the National Electrical Code within this chapter shall be to the 1996 Edition of said code. The Town Gler-k Building Department shall maintain sufficient copies of the National Electrical Code as required by law in the Town Hall. Section 5. Section 15.32.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in eetA; words to be added underlined): 15.32.010 Uniform Fire Code adopted. The Uniform Fire Code,1994 Edition, including Appendix Chapters II -A, II-B, II- C, H-D, R-E, II-F, II-G, II-1, III -A, III-B, III-C, III-D, W-A, IV-B, V-A, VI-B, VI-D, VI- E and the Uniform Fire Code Standards, 1994 Edition, published by the International Fire Code Institute, 9300 Jollyville Road, Suite 105, Austin, Texas 78759-7455, are hereby adopte3d by reference thereto and incorporated into and made a part of the 2 Firestone Municipal Code. The purpose and subject matter of the Uniform Fire Code and Standards include minimum standards relating to the storage, handling and use of hazardous substances, materials and devices, and providing greater safety and protection to the public from conditions hazardous to life or property in the occupancy of buildings or premises. Except as otherwise provided herein, the Uniform Fire Code and Standards are adopted in full, including the outline of contents, index and appendix. Any reference to the Uniform Fire Code within this chapter shall be to the 1994 Edition of said code. The Town Qer-k Building Department shall maintain sufficient copies of the Uniform Fire Code as required by law in the Town Hall. The code and standards adopted herein shall be enforced by the one or more fire districts having jurisdiction within the Town which shall serve as the bureau of fire prevention of the Town. Section 6. Section 15.36.010 of the Firestone Municipal Code is hereby amended to read as follows -(words to be deleted shown in seo ; words to be added underlined : 15.36.010 Uniform Housing Code adopted. The Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California, 90601 is hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the code include the provision of minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures. Except as otherwise provided herein, the Uniform Housing Code, 1997 Edition, is adopted in full, including the outline of contents contained therein. Any reference to the Uniform Housing Code or housing code within this chapter shall be to the 1997 Edition of said code. The Town Qer-k Building Department shall maintain sufficient copies of the Uniform Housing Code as required by law in the Town Hall. Section 7. Section 15.40.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see ; words to be added underlined): 15.40.010 Types prohibited. There shall be no railroad tie, barbed wire, electric wire, tin, chain link or sheet metal fence constructed within the Town, except that in districts zoned for industrial or commercial useage that are not zoned Planned Unit Development ("PUD") or PUD Overlay, barbed wire may be allowed as a topping for woven wire industrial type fences, provided that the barbed wire shall be no closer than six feet from ground level. When such materials are utilized as noted above, they shall not be pemutted within the principal building setback. Additionally, these prohibitions do not apply to PUD zoned 3 districts that expressly .provide for such fencing materials in an approved Final Develo ment Plan ("FDP"). No traditional picket pjivgg fence shall be constructed so that the rail side faces the outside of the proppM or lot. Section 8. Section 15.40.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeo; words to be added underlined): 15.40.020 Permit required — Building inspector. No fence shall be erected or constructed or permitted until a plan thereof has been presented to and approved by the building inspector and a permit has been issued in the manner now provided for the issuance of building permits. The noted plan shall depict the proposed location of all fencing, list all tapes_ of fencing materials proposed to be used, and contain such other information as may reasonably be required by the building inspector in order to evaluate the application. Section 9. Section 15.40.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeetrt; words to be added underlined): 15.40.030 Street line and front setback. Except in districts zoned for mess, commercial or industrial use, no fence, wall more than 18 inches above ground level or other construction shall be constructed between the street line and the front setback line on any street, except it shall be permissible to construct a fence of ehain link, picket, ornamental iron and or split rail and in such manner that visibility through the fence shall not be less than fifty percent; and that the fence shall not to exceed forty-two inches in height from ground level. In the excepted districts woven wire industrial type fences shall be allowed to a height not exceeding six feet. These requirements apply to all PUD zone districts .unless otherwise specified in an approved FDP. Section 10. Section 15.40.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeeut; words to be added underlined): 15.40.040 Fence on reverse corner lot. On any reverse corner lot, no fence shall be constructed between the street line and the front setback line of the adjacent residence whose side yard is the rear line of the corner lot, that shall exceed forty-two inches in height from ground level and that does not permit visibility through the fence of at least fifty percent and that is not of e link, pieket, emaineaW iron or split . These requirements qVj2ly to all PUD zone districts unless otherwise specified in an approved FDP. 4 Section 11. Section 15.40.090 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 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 unless there is a horizontal separation of three feet or more between structural features. Section 12. The initial paragraph of Section 15.44.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see; words to be added underlined): 15.44.020 Permit applications. Prior to obtaining a permit under this chapter, an application shall be submitted to the Town Board of Tm Engineer through the Town Clerk. The application shall be accompanied by a nonrefundable fee of three hundred dollars, and shall contain the following information: Section 13. Section 15.44.070.B of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strikeeht; words to be added underlined): 15.44.070 Suspension or revocation of permit. B. If the Town Qer-k En ineer finds one of the grounds in subsection A of this section or any other ground for suspension or revocation in this code, the Town Clerk Building_ Department shall determine whether to revoke the license for the remainder of its term or suspend it for any shorter period according to the severity of the disqualification, its effect on public health, safety, and welfare, and the time during which the disqualification can be remedied, if at all. Section 14. Section 15.44.110 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strAEee ; words to be added underlined): 15.44.110 Excavation permit — fee. A fee of ten dollars per square foot or fraction thereof shall be paid to the Town prior to the issuance of excavation permits for paved streets. A fee of five dollars per square foot shall be paid to the Town prior to the issuance of excavation permits for 5 unpaved streets. The fee shall be retained by the Town until such time as the Town Engineer, or other Town employee under his supervision, shall sign the excavation permit indicating that all excavation, backfill and repairs have been completed according to the rules and regulations described in Section 15.44.090. Upon presentation to the Town Glffk Building De artment of the completed permit, all funds will be refunded except fifty dollars which shall be retained by the Town and is nonrefundable. Section 15. Section 16.12.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s#ikeent; words to be added underlined): 16.12.030 Contract — Bond. The subdivider shall enter into a contract with the Town, which contract shall give the Town full assurance that improvements, including, but not limited to, streets, street lights, drainage facilities, utilities, walks and gutters, shall be completed by the subdivider to Town specifications. Such approved subdivision plat may be divided into predetermined segments, each segment providing full utility service and street access. No building permit shall be issued to such segment until full financial security is provided to the Town for all improvements not to be completed in such segment. Such financial security may be in the form of e,,.....,,,..,te suFely be a letter of credit; funds in escrow or such other means as shall be approved by the Board of Trustees. Section 16. Section 16.16.220.B of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stikeeHt; words to be added underlined): 16.16.220 Public sites and dedications. B. A minimum of 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, sehee1, 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 17. Section 17.04.020.0 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s#ikeeet; words to be added underlined): 17.04.020 General applications. C. Planned Unit Developments. Each application for zoning or rezoning of property over twe one acres in size shall be submitted and considered in accordance with Chapter 17.22, Planned Unit Development, of this title. I Section 18. Chapter 17.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.08.102 to read as follows (words to be deleted shown in meet; words to be added underlined): 17.08.102 Dwetlin& apartment. "Dwelling apartment" means a building, designed to be occupied by multiple families not each having direct access to the outside or not each having direct street level access to the outside with the building comprising a sin le cope able legal ownership interest and individual units rented by the occupants. Section 19. Chapter 17.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.08.104 to read as follows (words to be deleted shown in st&ee; words to be added underlined 17.08. t04 Dwelline, duplex. "Dwelling duplex" means a structure comprised of a single conveyable legal ownership interest that contains two dwelling units connected by a common wall shared. by the units each of which units has direct access to the outside. Section 20. Chapter 17.08 of the Firestone Municipal Code is hereby amended by the addition of anew Section 17.08.132 to read as follows (words to be deleted shown in see ;words to be added underlined): 17.08.132 Dwelling, patio home. "Dwelling, patio home" means a single family dwelling unit that has a yard common to neiAboring units and for which the only outdoor pLoPgM attached to the dwelling unit is limited to an enclosed patio. Section 21. Chapter 17.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.08.134 to read as follows (words to be deleted shown in str-ikeettt; words to be added underlined): 17.08.134 Dwelling, town home_ "Dwelling town home" means a structure comprised of two or more dwelling units connected by shared walls, each of which has direct access to the outside at street level and each of which is a separately cone able legal ownership interest. 7 Section 22. Chapter 17.08 of the Firestone Municipal Code is hereby amended by the addition of anew Section 17.08.165 to read as follows (words to be deleted shown in seetrt;words to be added underlined): 17.08.165 Fence height. "Fence__ height" means the height measured from the finished grade directly beneath the lowest structural feature of a fence to top of the highest structure feature of the fence, irrespective of whether vision at the top of the fence is completely or only partially obscured. Section 23. Chapter 17.08 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.08.171 to read as follows (words to be deleted shown in seer; words to be added underlined): 17.08.171 Floor area ratio. "Floor area ratio (FAR)" means the total square feet of floor area of all buildings or portions thereof on a lot divided by the total lot area of the lot on which the buildings are situated. Section 24. Section 17.16.01 O.A of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s4ikeent; words to be added underlined : 17.16.010 R-1 districts — Permitted uses. A. Uses By Right Permitted Uses. Section 25. Section 17.16.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in sifikeeot; words to be added underlined): 17.16.040 R-2 districts — Density. Density in R-2 districts shall be as follows: A A,r,,,;,,,,,,,,, lot areaper- dwelling unit, sN thousand sgtwefvni R-1 uses in an R-2 district shall meet the density standards set forth in 17.16.020; B. Minimum lot area per two family dwelling unit, three thousand five hundred square feet; 8 DC. Maximum height of two family and multi -family buildings: l . Principal building, twenty-five feet, 2. Accessory building, fifteen feet; ED. Minimum front yard, twenty feet; EE:. Minimum side yard, five feet; CF. Minimum rear yard, twenty feet; 14G. Minimum floor area per two family and multi -family dwelling unit, eight hundred fifty square feet;_ il-J �is�1f /.47..1i1•nIr[.li •[�li l�S.. Section 26. Section 17.16.060 ofthe Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s#iWeut; words to be added underlined): 17.16.060 R-3 districts — Density. Density in R-3 districts shall be as follows: A. R-1 uses in an R-3 district shall meet the density standards set forth in 17.16.020; B. Minimum lot area per two family dwelling unit, three thousand five hundred square feet; l , /:R4lW.WW!I!!W!!lfI .T.' !3!'i?'-.. ►��\1......•1....�lli'll \�_5..� L-/t��1�9.t[. [=!'i.JI 1i�129}� DC. Maximum height of buildings: 1. Principal building, twenty-five feet, 2. Accessory building, fifteen feet; ED. Minimum front yard, twenty-five feet; EE. Minimum side 'yard, one foot for every -two and one-half feet or fraction thereof of building height, except no side yard shall be less than five feet; ZI GF. Minimum rear yard, twenty feet; 14G. Minimum floor area per dwelling, seven hundred eighty square feet; 1H. Minimum floor area per two family and multi -family dwelling unit, five hundred square feet. Section 27. Section 17.16.070 ofthe Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see ; words to be added underlined): 17.16.D70 Additional standards for R-1, R 2 and R-3 districts and residential land use categories within PUD districts. Additional standards for R-1, R-2 and R-3 districts and for residential land use categories within PUD districts shall be as set forth in this section. Where expressly stated, such standards shall fiirther apply to any residential lot within the Town. A. Each dwelling unit must have the applicable minimum lot area or for PUD districts such minimum lot area as specified in the FDP; B. On corner lots, the yard on all street frontages must meet minimum standards for front yards in the pertinent zone or for PUD districts such minimum lot area as specified in the FDP; C. Only one accessory building, not including a freestanding garage, is permitted per lot and shall be set back at least five feet from any property line. Accessory buildings are not permitted in the front yards or side yards that face a public street. Accessory buildings shall be of a .similar color as the primary building, may not exceed a height of twelve feet and shall not exceed one hundred sixty square feet of floor area. Construction materials shall be similar to the primary building, except that premanufactured metal or plastic accessory buildings are permitted. D. The minimum number of off-street parking spaces shall be as follows: R-1, one space for each dwelling unit; 2. R-2, one space for each dwelling unit; 3. R-3, one -and -ene-hal two and one -quarter space for each dwelling unit; 4. Churches, hospitals, elms; offices, etc., one space for every eee two hundred square feet of floor space;i 5. Handicapped spaces shall be provided as required by applicable federal law, including the Americans with Disabilities Act. E. Parking and storage restrictions for motor vehicles, trailers, campers and boats shall be as follows: 1. No motor vehicle, trailer, camper or boat may be parked in the front yard (as defined in Section 17.08.460) of a residential lot within any zone district of the Town except on a paved or graveled driveway which is intended for parking or access to a garage or carport or an area adjoining such driveway that provides for not more than one extra lane, or except as may be expressly specified and permitted on an approved FDP for a lot within a PUD district. 2. No semitrailer may be parked on any residential lot within any zone district of the Town. 3. For purposes of this section: a. "Motor vehicle: has the meaning set out in the Model Traffic Code for Colorado Municipalities as from time to time adopted by ordinance of the Board of Trustees. b. "Trailer" means any wheeled vehicle or apparatus, without motive power, which is designed to be drawn by a motor vehicle and to carry cargo. c. ' "Camper" means and includes any type of camper coach, trailer coach, fifth wheel, mounted camper or other type of mounted or wheeled recreational equipment that is pulled or carried by a motor vehicle. d. "Semitrailer" has the meaning set out in the Model Traffic Code for Colorado Municipalities as from time to time adopted by ordinance of the Board of Trustees. Such term further includes any vehicle commonly referred to or considered a "tractor trailer." 4. Upon conviction of a violation of this section, a fine of three hundred dollars shall be imposed. F. Only one freestanding garage is permitted per lot or dwelling unit and shall be subject to the same front and side yard setback requirements as the main building. A freestanding garage shall be set back at least five feet from the rear property line. 11 Freestanding garages shall be of a similar color and architectural. style, and constructed of similar materials as the main building. Within PUD zone districts freestanding garages are only Mrmitted if shown on an approved FDP and constructed pursuant to standards specified in the FOP. G. All dwellings shall be constructed on a permanent concrete foundation which foundation shall have the following minimum characteristics: 1. It shall be constructed to be below estimated frost depth. 2. The foundation shall be located directly below not less than ninety percent of the outside perimeter of the first floor building wall. The foundation shall be at a minimum eight inches in thickness. H. All dwelling roofs shall have the following minimum characteristics: 1. A minimum of twee six roof planes per building, to add articulation. For the purposes of this section, portions of roofs less than ten percent of the total plan view roof area shall not constitute a "roof plane." 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 bvwlve eigbteen inches. This minimum overhang shall apply to all roofs, irrespective of pitch. 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 fie includes the length of any attached garage. In all cases the front door of the dwelling shall be located in the closest one-quaAe 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, provided such waiver or modification is warranted by virtue of innovative design and amenities incorporated in the development plan. I For any new subdivision filing, at least VNenty five perent of the all single family dwellings developed shall have two car garages, and sueh gar -ages sha4l ],o 12 K. For any new subdivision filing, there shall be a minimum of one tree of 1.5- inch caliper for each dwelling planted within the front yard of the dwelling. This requirement may be waived or reduced by the Board if it determined that such a requirement would be inappropriate based on the submitted landscape theme, er for potable water conservation reasons, or as specified in an approved FDP. L. For any new subdivision filing, as developed, front 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, and 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 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 the significant establishment of seed at the time a certificate of occupancy would otherwise be issued, then the Town Administrator or the building official may grant an extension, not to exceed one hundred eighty 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, Of potable water conservation reasons or as specified in an approved FDP. M. Shrubs and ground cover plantings shall comprise no less than ten percent of the landscaped area of the front yard. This requirement may be waived or reduced by the Board if it determines that such a requirement would be inappropriate because of the size of the lots, of for potable water conservation reasons or asspecified in an Uproved FDP. N. Eighty-five percent of the exterior color treatment for all residential dwellings and accessory uses shall be muted (excluding glass treatment), unless otherwise approved by the Board based on the unique architectural design of the home. Q. All sloped roofs shall be covered with a muted, earth -tone color roofing material, unless otherwise approved by the Board based on the unique architectural design of the home. P. It shall be unlawful to locate any roll -off trash container or trash container of any type in excess of 192 gallons in a front yard or in the side yard fronting a public street of a residential lot of any zone district of the Town without first obtaining a permit and paying a permit fee of ten dollars. No such trash containers shall be located in a front yard or in a side yard fronting a public street of a residential lot of any zone district of the Town for more than fourteen days in any 180-day period. 13 Section 28. Section 17.20.030.B of the Firestone Municipal Code is hereby amended to read as follows (wards to be deleted shown in Wit; words to be added underlined): 17.20.030 C-M districts — Uses permitted. B. Commercial, storage and service uses, including but not limited to the following: 1. Automobile repair shops, ■ �serr.�a� ■ 42. Builders' supply, -53. Cabinet making and carpenter shops, v. , GenHnereW laundries, ��if/ lU 1TllJ!!l���. i.� a� •..1. Y•.ali. \./!�i/ Ii ..IT 404. Frozen food lockers, not including slaughtering on the premises, 445. Fumiture upholstering, 426. Greenhouses, 13. He nt sales and mpaff� , 447. Ice and cold storage plants, 458. Machine shops, 4-69. Pet stores and veterinary hospitals, excluding outdoor kennels, 4410. Plumbing, electrical and carpenter shops, 14 4411. Publishing plants, 4912. Roofing shops, 2013. Sheet metal shops, 2414. Warehouses and enclosed storage, 2415. Gasoline service stations. Section 29. Section 17.20.040.0 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s4ikewords to be added underlined 17.20.040 M-1 districts — Uses permitted. C. Travel and parking portions of the lot shall be surfaces with asphalt, ar concrete , Engine . Section 30. Section 17.20.050.B of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s#ikeeut; words to be added underlined): 17.20.050 M-2 districts — Uses permitted. B. The following limitations are placed on all stteh uses: Section 31. Section 17.20.060. C and D of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s#ikeet; words to be added underlined): 17.20.060 Commercial and industrial density schedule. C1 C2 CM M1 M2 C. Maximum Ffloor area ratio as a percentage of lot area 30% 30% 30% 30% 30% D. Parking spaces One space for every 3-5-0 250 square feet of floor space, except hotels and motels, and other rental units, which must have one space for every rental unit. 15 Section 32. Section 17.22.130 ofthe Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stfeetrt; words to be added underlined 17.22.130 Control of development; enforcement. A. After the planned unit development has been approved, the use of land and the construction, modification or alteration of any buildings or structures within the planned unit development will be governed by the approved ODP and FDP rather than the other provisions of this title. The approved ODP shall constitute the zoning document for the planned unit development, and the approved FDP shall govern all land development within such PUD zone. B. From time to time the Planning Commission shall compare the actual development accom fished in the various vlanned unit develo mens previousl approved with the development schedule and the development plan of the proiect. If the owner or owners of the propgM in the planned unit development have failed to meet the approved development schedule, or development plan and any supplementaryagreements, the Town Board, the Planning Commission, or the Town staff may initiate proceedings to review the previously approved FDP. Such review shall occur in the same manner as review of the FDP in Section 17.22.070, and upon such review, the FDP mqy be revoked or the limits of the development schedule ma be extended. C. If the time limit _established by the development schedule has passed, no building_permits or certificates of occupancy shall be issued until after the Planning Commission has reviewed the development plan and a new development schedule has been established. Section 33. Chapter 17.22 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.22.1 S0 to read as follows (words to be deleted shown in stikeent; words to be added underlined): 17.22.150 Assurance of completion. A. In those cases where a planned unit development is applied for on one or more subdivided lots, but which do not have in place„ assurances of completion in the form of a guarantee acceptable to the Town as required under Section 16.12.030 or that involve any required onsite or off -site public improvements which in the op_mion of the Town requires an assurance of completion, such improvement assurances shall be made pursuant to the terms of a developer's agreement. For the purposes of this section, the term "developer" means that person making application for approval of a Manned unit development or the property owner of the land if other than the applicant. 16 B. The assurance of completion in the form of a guarantee acceptable. to _ the Town must be furnished by the developer to assure the installation and completion of all required public improvements in an approvedmanner and in a reasonable ep riod of time. C. The developer shall execute a developer's agreement with the Town that requires guarantees to be furnished for the construction of the required public improvements and establishes the developer's responsibili , for the provision of such improvements. Building_ permits will be issued only for that part of the plan for which the required financial guarantee has been provided. D. The developer's agreement shall be recorded prior to the issuance of any buildingpermits. Upon written request from the developer, a release from the Town may be obtained for a lot or lots when the terms of the agreement have been satisfied for the lot or lots involved. E. The developer's agreement shall provide that no certificates of occupancy shall be issued prior to the Town's conditional acceptance of the required improvements. The developer's agreement shall further provide that if at any time there is a breach of such gMement, the Town mgy withhold a roval of all buildin p_e_rmits within the planned unit development until any breach has been cured. Section 34. Section 17.30.050.A of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s4i4eo. ; words to be added underlined): 17.30.050 Approval criteria. A. The proposed sign complies with the applicable standards set forth in this code or as approved in a Final Development Plan 'FDP" and the building code of the Town. In cases where there is a conflict between Section 17.31.040 (Sign Schedule) of this code and the Fkial Develapfnea4 Plan, FDP, the Final Nan FDP shall control. Where an FDP specifies sign standards, such FDP_ shall specify in writing which standards in this code are a licable to the FDP. Section 35. 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 36. The repeal or modification of any portion of the Municipal Code of the Town of Firestone by this ordinance shall not release, extinguish, alter, modify, or change in whole or in 17 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 37. 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 1 m f : 2004. ���5" 10AIE 't f s .a �11,TTEST- 09f3=004 12',47 PM [kkh] F.TompwtylF restonelOrdin i"e 15 1617.unend,doc 18 Michael P. Simone Mayor I IIIIII IIIII IIIII IIIIII IIIII III! 1111111111111111111 IN j�fflM���eno County, CO Clerk & Recorder ORDINANCE NO. AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE MOUNTAIN VIEW RETAIL CENTER ANNEXATION TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Mountain View Retail Center 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 has held a duly -noticed public hearing to consider the proposed annexation, with notice of the proposed hearing published once a week for four successive weeks in a newspaper of general circulation in the area proposed to be annexed, with the first publication to be at least 30 days before the hearing; 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 fiurther 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 Mountain View Retail Center 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 -P m Le r— 2004. ' low% .s f "Qo � WOa y He d Town Clerk TOWN OF FIREST , COLORADO Michael P. Simone Mayor I l l l l l l l�il l l l l l l l l 11 l l l l l l l lol l 1111111111111111111 IN 3226144 10/08/2004 11:55A Weld County, CO 2 of 2 R 11.00 t] OA0 Stere Morena Clerk &Recorder ` EXHIBIT A •� LEGAL DESCRIPTION MOUNTAIN VIEW ANNEXATION A PARCEL OF LAND BEING PART OF LOT A, RECORDED EXEMPTION 1313-12-1- RE1340 AS RECORDED APRIL 17, 1991 AS RECEPTION NO: 02247323, WELD COUNTY, COLORADO RECORDS, SITUATE IN THE NE 1/4 OF SECTION 12, T.2N., R.68W., OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID NE 1/4; THENCE S00°00'00"W,. ALONG THE EAST LINE OF SAID NE 114, A DISTANCE OF 47.66 FEET; THENCE S89029' 16"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°00'00"W, ALONG THE EAST LINE OF SAID LOT A, PARALLEL TO AND 30.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO SAID EAST LINE OF SAID NE 1/4, A DISTANCE OF 252.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE S89c46'48"W, ALONG THE SOUTH LINE OF SAID LOT A, A DISTANCE OF 648.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT A; THENCE N00°00'00"E, ALONG THE WEST LINE OF SAID LOT A; A DISTANCE OF 250.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 24 AS DESCRIBED IN RECEPTION NO. 3001396, SAID WELD COUNTY, COLORADO RECORDS; THENCE N89046'48"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 219.24 FEET; THENCE N89°29' 16"E, CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY.. LINE, A DISTANCE OF 428.78 FEET TO THE EAST LINE OF SAID LOT A AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 162,468 SQUARE FEET (3.7298 ACRES) MORE OR LESS. 9/23/04 5:32 PM [edl] Y:1FirestonelAnnexationWounlainViewReteil.ord.doc 2 a s. Town of Firestone P.O. Box 100 Firestone, CO 80520-0100 `�� 1111111111111111111111111111111111111111111111111111111 3226146 10/08/2004 11:55A Weld County, CO 1 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. 5 70 AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE MOUNTAIN VIEW RETAIL CENTER 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 View Retail Center 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), Neighborhood Center (PUD NC) 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 View Retail Center 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 Mountain View Retail Center 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, Neighborhood Center (PUD-NC) pursuant to tAc zoning ordinances of the Town and in accordance with the Mountain View Retail Center PUD-Outline Development Plan approved with conditions by the Board of Trustees, as noted below, and wwhich shall be placed on file with the Town, and the Town zoning map shall be amended accordingly. �� __�--_ II III iilli Ilii liil I lillll illll IIIII llllli IIIII Ills Ilill 3226146 10/0812004 11:55A Weld County, Ca t 2 of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder Section 2. The Board of Trustees hereby.approves the Outline Development Plan for the Mountain View Retail Center Annexation subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein by reference. INTROJ]UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED 1N FULL this; day of S-z -P m bi v— ,-2004. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor 2 �` IIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllllllllllllll 3226146 10/08/2004 11:55A Weld County, CO �3 , of 4 R 21.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION MOUNTAIN VIEW RETAIL CENTER ANNEXATION The Following Property Is Zoned PUD Neighborhood Commercial (PUD-NC): A PARCEL OF LAND BEING PART OF LOT A, RECORDED EXEMPTION 1313-12-1-RE1340 AS RECORDED APRIL 17, 1991 AS RECEPTION NO. 02247323, WELD COUNTY, COLORADO RECORDS, SITUATE IN THE NE 1/4 OF SECTION 12, T.2N., R.68W., OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID NE 1/4; THENCE S00°00'00"W, ALONG THE EAST LINE OF SAID NE 114, -A DISTANCE OF 47.66 FEET; THENCE S89029' 16"W A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE S00°00'00"W, ALONG THE EAST LINE OF SAID LOT A, PARALLEL TO AND 30.00 FEET DISTANT FROM, AS MEASURED AT RIGHT ANGLES TO SAID EAST LINE OF SAID NE 1/4, A DISTANCE OF 252.19 FEET TO THE SOUTHEAST CORNER OF SAID LOT A; THENCE S89046'48"W, ALONG THE SOUTH LINE OF SAID LOT A, A DISTANCE OF 648.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT A; THENCE N00°00'00"E, ALONG THE WEST LINE OF SAID LOT A, A DISTANCE OF 250.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 24 AS DESCRIBED IN RECEPTION NO. 3001396, SAID WELD COUNTY, COLORADO RECORDS; THENCE N89046'48"E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 219.24 FEET; THENCE N89029' 16"E, CONTINUING ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 428.78 FEET TO THE EAST LINE OF SAID LOT A AND THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 162,468 SQUARE FEET (3.7298 ACRES) MORE OR LESS. 9/23/04 5:27 Piet [edij Y:\Firestone\Annexation\MountainVtewRetai[mne-ord doc i IIIIIIIIIIIIIIIII 11111 IN IN 3226146 10/08/2004 11:55A Weld County, CO 4. of _4 R 21.00 O 0.00 Steve Moreno Clerk & Recorder EXHIBIT B Mountain View Retail Center Annexation Zoning and Outline Development Plan Conditions of Approval . General 1. Remove all references in all documents to Firestone Boulevard and Colorado Boulevard as Weld County Roads. 2. Fix typos in all documents. 3. Provide additional detail as to how the "transfer" of the tap from Central Weld County Water District would occur in the form of a letter or memo to the Town Engineer. 4. Modify Annexation Map, Final Plat and all documents pursuant to red -line comments of the Town Engineer. 5. Modify final documents pursuant to comments from the Town Attorney. b. Execute an annexation agreement as prepared by the Town Attorney. ODP Sheet 1 7. In the Project Statement section, replace "and/or" with "and." 8. In the Land Use and Zoning section, note the "previous" zoning as Weld County Agricultural. 9. In the Service Requirements section, add Fire Protection by the district responsible for this area; for Police, note the Town of Firestone. 10. In the Circulation Systems section, add the word "planned" at the beginning of the paragraph. Also note that the project is being planned to connect to the property to the west and south to provide a free -flow access for all commercial properties in this area. 11. In the Densi section, state that the "density shall be as specified in the Firestone Development Regulations." 12. In the Building Height section, change 50-feet to "35-feet or as otherwise specified in the Firestone Development Regulations." 4 f r , ter, mourn Town of Firestone P.O. Box 100 Firestone, CO 80520-0100 ORDINANCE NO.571 AN EMERGENCY ORDINANCE INCREASING CERTAIN FEES AND CHARGES AS SET IN THE FIRESTONE MUNICIPAL CODE WHEREAS, the Board of Trustees finds that it is necessary to increase certain fees and charges for services provided by the Town, commencing with fiscal year 2005. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.20.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strike@ ; words to be added underlined): 5.20.030 License fees. The license fee to be charged for each category of contractor, subcontractor, and/or tradesman are listed below. The license fee shall be for the calendar year or any portion thereof and shall not be prorated. Licenses are not assignable or transferable and shall be renewable only upon the submission of a new application in each calendar year and,providing that all of the current requirements for the license are fulfilled. The license fee shall be tendered with the application to the town clerk of the town and in no case shall a license be issued until the required fee has been paid and until all other requirements of the license as defined in this chapter have been met. License Category A. General building contrac- tor ($1,000.00 and up) A B. Building contractor, sub- contractor, or tradesman B 1. Lathing, plaster, drywall 2. Roofing and waterproofing 3. Masonry 4. Well drilling 5. Excavating 6. Concrete 7. Foundations and caissons 8. Moving 9. Swimming pool 1 License Fee W.00 $100.00 10. Structural and miscellaneous iron 11. Welders 12. Plumbers 13. Hot water 14. Pipeline C. Contractor, subcontract- C $5.00- 50.00 tor, or tradesman - 1. Siding 2. Fencing 3. Glass and glazing 4. Patio and awning 5. Skirting for mobile homes 6. Temperature controls 7. Tile setting 8. Wrecking contractor 9. Asphalt 10. Painting 11. Insulators 12. Ditching 13. Grading 14. Drainlayers 15. Sodlayers 16. Gutter installation 17. Signs 18. Electrical Signs 19. Sprinkler systems. 20. Alarms 21. Fire protection Section 2. Section 6.04.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined 6.04.030 License fee. An animal license fee for dogs and cats shall be twa five dollars $5.00 for each spayed female or eaecl neutered male and fiw ten. dollars 10.00 for each tm9payed feffWe or- castrated animal that has not been s a ed or neutered. Upon application for the annual license written proof must be presented from a veterinarian if the lower license fee is to apply. A Section 3. Section 9.08.130 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in strAeea ; words to be added underlined): 9.08.130 Fraud by check G. In addition to any other court costs, a defendant who pleads guilty or nolo contendere to, or who enters into a plea agreement for, or who after trial is found guilty of, a violation of this section, shall be assessed additional court costs of eve -five dollars $3( 5.00) to defray the costs of the town pertaining to enforcement of said section. Subject to appropriations and budgeting as provided by law, such amounts may be used to defray the costs of police -related equipment or training in furtherance of enforcement of this section. Section 4. Subsections A, B and C of Section 10.04.200 ofthe Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 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 dellafs, but n94 Faer-e than five hua&d dollars,- exclusive of any court costs and surcharges., which shall be determined by the points assigned to each violation and assessed at a rate of fifty dollars ($50.00) per point; provided, however, that no fine shall be less than Twenty-five ($25.00) nor more than one thousand dollars $1,000). B. For any violation of any provision of this chapter or the Model Traffic Code adopted herein which is a traffic infraction, no trial by jury shall be available, no arrest warrant shall be issued for failure to appear or to pay, no privilege against self- incrimination shall apply, the standard of proof shall be a preponderance of the evidence, and the conduct of all proceedings applicable to such a violation shall otherwise be in conformity with those generally applicable to civil matters. C. For any violation of any provision of this chapter or the Model Traffic Code adopted herein which is a traffic infraction, the court may enter a judgment of liability by default against the defendant for failure to appear or to pay, and may assess such penalties, together with such court costs and surcharges, as are 3 established by law rovided however that court casts shall be fi dollars .$SOAO the pgn4h for failure topay an assessment of the court shall be one hundred dollars ($100.00), and the penalty for failure to appear shall be two hundred dollars 200.00 . The court may establish, by written order, rules and regulations consistent with this chapter for the administration of any violation of this chapter or the Model Traffic Code adopted herein which 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. Section 5. Section 10.08.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see ; words to be added underlined): 10.08.020 Contents of application. The application for any such permit shall specifically describe the vehicle and load operated or moved and the particular streets or other public ways for which the permit to operate is requested and whether such permit is for a single trip or for continuous, operation and the time of such movement. The application shall be accompanied by a permit fee in the amount of eve two hundred dollars $2( 00.00) for an annual permit, or ten twenty-five dollars 25.00 for a single trip permit. Section 6. Section 12.08.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in see ; words to be added underlined): 12.08.050 Permit-- Fee. An application fee of W two hundred dollars $200.04 shall be charged for the issuance of each excavation permit. Section 7. Subsection A of Section 13.08.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stFiWoxt; words to be added underlined 13.08.040 Collection procedures — Late fee. A. Water charges shall be due no later than the close of business on the twentieth day of the month in which the water billing is mailed to the customer. I9-the twenfieth day of the month falls on Saturday, the ehar-ges shall be due An- *:-he- be due on the fellowing Monday.- If the charges remain unpaid at the close of the business day on the last business day of the month, the account shall be deemed 4 delinquent and interest shall be assessed at the rate of one and one-half percent per month. A late fee of five dollars ($5.00) shall also be assessed. Section 8. Section 13.08.080 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in st ikee{tt; words to be added underlined 13.08.080 Charges for water service reinstatement. It the water supply to any premises served by the town is shut off pursuant to the code of the town because of failure of the owner, lessee, renter, user or possessor of the premises to abide by the provision of the code, a charge of ten font dollars 40.00 shall be charged before the water supply is restored. Section 9.. Chapter 13.24 of the Firestone Municipal Code is hereby amended by the addition of a new Section 13.24.480, which Section is to codify and increase from $1.00 to $3.00 the street lighting fee previously established by Ordinance No. 229, and which Section shall read in full as follows: 13.08.080 Street fight charge. There is hereby imposed a uniform service charge for the provision of street lights of three dollars ($3.00) per month upon each residence, business and other establishment having a water service account with the Town. Such charge shall be assessed upon each monthly water service bill of the Town and payable at the same time as such water service bill. Section 10. 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 11. The repeal or modification of any provision of any prior ordinance 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 judgment, decree, or order which can or may be rendered, entered., or made in such actions, suits, proceedings, or prosecutions. Section 12. 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 13. The Board of Trustees herewith finds, determines and declares that this 5 ordinance is necessary for the immediate preservation of the public health and safety in order to timely effectuate the increases set forth herein for the 2005 fiscal year, and this ordinance shall take effect January 10, 2005, provided the same has been adopted and signed by the Mayor and approved by two- thirds of the -ntire Board of Trustees. INTRODUCED, AD, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �O *' day of , 2005. ATTEST: ;4-dy g o d , own Clerk -5o AM, ai Y:1F'imgouel0rdinetweWmwAedfees.ord(1-04-05).dw FIRES r0 .•• rowA, O co���P� 2 Michael P. Simone Mayor ORDINANCE NO. 5 7 -- AN ORDI ANCE AMENDING SECTION 2.44.090 OF THE FIRESTONE MUNICIPAL CODE REGARDING'SALARIES OF THE MUNICIPAL JUDGE AND MUNICIPAL COURT �0� WHEREAS, the Board of Trustees is authorized by C.R.S. §§13-10-107(1) and—108(3) to provide by ordinance for the salaries of the municipal judge and municipal court clerk; and WHEREAS, the Board of Trustees desires to amend Section 2.44.090 of the Firestone Municipal Code regarding such salaries. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2.44.090 of the Firestone' Municipal Code is hereby amended to read as follows: 2.44.050 Salaries. A. Effective January 1, 2005, the salary of the municipal judge shall be an amount not to exceed $ 8,400.00 per year, payable on a monthly basis at $700.00 per month for each month of service, subject to any applicable deductions. B. Effective January 1, 2005, the salary of the municipal court clerk shall be an amount not to exceed $32,000 per year, payable in bi-weekly installments and, subject to any applicable deductions. Section 2. 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, ePROVED, AND ORDERED PUBLISHED IN FULL this 3'rh day of n 4 2005. ESf ONF a TOWN. Attest. o44oc °NHe ` waa� , C TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ORDINANCE NO. .51 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, Article 45, 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 r (nayo r and `rpWc% Aamc fti4m o 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 Ninety -Nine (99) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the GtVdr and`rcan 1`�Mtr��s�r 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, the governing body of a Colorado municipal corporation acting in its governmental capacity or as governing body of a water activity enterprise (circle capacity in which governing body is acting), 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, 973, for a contract for the right to beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Ninety -Nine (99) acre-feet to be used so long as the Applicant fully complies with all of the terms, 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 Water Conservancy District, 3. 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 full, 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 I 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: t . 0. Box 100, Firestone, CO 80520. Water deliveries shall be suspended as of November I 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 provisions 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. 5. This 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. 7. 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. 8. 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 the 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 this water 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 emergency exists; that this ordinance shall take effect as an emergency measure and that it shall be published in the manner and shall take effect as provided by the statutes of the State of Colorado or charter of the Applicant. Passed and adopted, signed and approved this 10"" day of ar , A.D., 2005. STON� TOWN SA *ST* TOWN OF FIRE NE By s a, ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for Ninety -Nine (99) acre-feet of -;eater 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 I hereby certify that the above Order was entered by the Directors of Northern Colorado Water Conservancy District on the 11th day of March A.D., 2005. ATTEST Acti retary ORDINANCE NO. S 7 q AN ORDINANCE APPROVING A PURCHASE CONTRACT TO BUY AND SELL REAL ESTATE WHEREAS, the Town of Firestone desires to purchase a parcel of land of 284.55 acres, more or less, owned by Knox Farm, LLC, which land is located at the southeast corner of Colorado Boulevard and Sable Avenue, and legally described as the North One -Half of Section 18, Township 2 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, excepting therefrom those portions of said land as conveyed by instruments recorded May 17, 1909 at Book 305 at Page 15, and May 3, 2000 as Reception No. 2765844 ("the Property"); and WHEREAS, the Town desires to purchase the Property for various purposes, including but not limited to potential use of portions thereof for Town buildings, facilities, parks and open space; for schools, including potential lease or resale of portions of the Property for school uses; and for other purposes, including but not limited to potential disposal of portions thereof that the Town may acquire in fee title and that the Board determines are not or will not be held, used or needed for park or governmental purposes; and WHEREAS, the owner of the Property has stated its desire to sell the Property to the Town upon the terms and conditions set forth in a mutually -agreeable Purchase Contract, a copy of which contract is attached hereto; and WHEREAS, as provided in said Purchase Contract, Firestone shall pay the owner of the Property a total purchase price of one million nine hundred thousand dollars ($1,900,000.00), for the Property; and WHEREAS, as provided in said Purchase Contract, the Town's obligation to close on the purchase of the Property is expressly contingent on the Town's ability to obtain necessary financing and, if the Town determines that financing acceptable to it has not or will not be obtained prior to closing, then the Town may terminate the Purchase Contract and be released therefrom; and WHEREAS, the Town intends to finance the acquisition of the Property utilizing a lease purchase agreement authorized pursuant to C.R.S. § 31-15-801 et sue}., which lease purchase agreement and financing shall be authorized and concluded by separate ordinance, and intends to assign its interests in the Purchase Contract to the lessor pursuant to the lease purchase agreement; and WHEREAS, the Board of Trustees by this ordinance desires to approve and authorize the execution of the Purchase Contract for the Town's purchase of the Property, and identify the manner of payment for such purchase, and otherwise comply with C.R.S. § 31-25-302. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: ieet;nu t• The proposed Purchase Contract to Buy and Sell Real Estate between the Town of Firestone and Knox Farm, LLC for the Town's purchase of the above -described Property is hereby approved in essentially the same form as the copy of such Purchase Contract accompanying this Resolution. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Purchase Contract of behalf of the Town, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said Purchase Contract as the Mayor determines are necessary or desirable for the protection of the Town, so long as the essential terms and conditions of the Purchase Contract are not altered. see ipu 3 The Mayor, Town Administrator and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Purchase Contract, and to execute and deliver any and all documents necessary to effect the purchase of the Property under the terms and conditions of the Purchase Contract, including but not limited to execution of any assignment necessary to effectuate a lease purchase transaction whereby the Town's rights under the Purchase Contract are assigned to a lessor pursuant to a lease purchase agreement. Section . Unless other funds become available for use by the Town as determined by the Town Board of Trustees, the Town shall finance the acquisition of the Property utilizing a lease purchase agreement authorized pursuant to C.R.S. § 31-15-801 et serf., which lease purchase agreement and financing shall be authorized and concluded by separate ordinance. The Town intends as part of such a lease purchase agreement to assign its interest in the Purchase Contract to the lessor. Said financing may include the $1,900,000 purchase price of the Property, costs of issuance, and any reserve amounts or other amounts related thereto, all as determined by separate ordinance. Section 5, Acquisition of the Property is subject to and conditioned upon satisfaction of all contingencies and conditions in the Purchase Contract for the Property, including but not limited to Town receipt of financing and Town acceptance of the merchantability and physical condition of the Property as finther provided in said Purchase Contract. . Nothing in this ordinance is intended to nor should be construed to create any multiple -fiscal year direct or indirect Town debt or fiscal obligation whatsoever. Sectinn 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 Town 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. 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 INTRODUCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of �� ru t? r�, 2005. r -Tow% ,4y Heeod LYown Clerk 2n5/20D5 10A0 AM[s I]IF.:\Office\Fhvgune\OrdinnceTn:)xFamiParchaseOrdhiw= (final) TOWN OF FIRESTONEICQLORADO Micllael P. Simone Mayor m 3 ORDINANCE NO.,� AN ORDINANCE ADOPTING BY REFERENCE THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE AND ENACTING AMENDMENTS THERETO; AMENDING CERTAIN SECTIONS OF THE FIRESTONE MUNICIPAL `CODE IN CONNECTION WITH THE ADOPTION OF SUCH CODE; ESTABLISHING PENALTIES FOR VIOLATIONS OF SUCH CODE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, the International Code Council has developed a series of International Codes, including but not limited to the International Building Code, the International Mechanical Code and the International Fire Code, which are designed and intended to be used together; and WHEREAS, the Town's emergency services providers and the Town's Chief Building Official, have recommended the Board of Trustees adopt the 2003 Edition of the International Fire Code with certain amendments; and WHEREAS, the Board of Trustees, after proper notice as. required by law, has held a public hearing on this ordinance providing for the adoption of the 2003 International Fire Code with amendments; and WHEREAS, the Board of Trustees has determined it is in the best interest of the citizens of Firestone, and in the interest of the public health, safety and general welfare, to adopt by reference the 2003 International Fire Code, with amendments; and. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.32.010 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.010 International Fire Code®, 2003 Edition adopted. Subject to the amendments set forth in 15.32.020, below, the International Fire Code®, 2003 Edition, as published by International Code Council, Inc., 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, including the outline of contents, index, Chapters 1-45 and Appendix Chapters A-G (the "International Fire Code"), is hereby adopted by this reference and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the 2003 International Fire Code is to: (1) regulate and govern the safeguarding of life and property from fire and explosion hazards arising form the storage, handling and use of hazardous substances, materials and devices; (2) provide greater safety and protection to the public from conditions hazardous to life or property in the occupancy of buildings or premises; and (3) provide for the issuance of permits and collection of fees therefor. Except as amended in 15.32.020, below, the 2003 International Fire Code is adopted in full, including the outline of contents, index, Chapters 1-45 and Appendix Chapters A-G. Any reference to the International Fire Code® within this chapter or to the fire code within this code shall be to the 2003 Edition of said International Fire Code. The town clerk shall maintain sufficient copies of the International Fire Code® as required by law in the town hall. The code adopted herein shall be enforced by the one or more fire districts having jurisdiction within the town that shall serve as the bureau of fire prevention of the town. Section 2. Section 15.32.020 of the Firestone Municipal Code is hereby repealed and reenacted to read as follows: 15.32.020 Additions and deletions. The following additions, amendments and deletions arc made to the International Fire Code 2003 Edition: A. Section 108.1 of the International Fire Code is amended to read: In order to hear and decide appeals of orders, decisions or determinations made by the fire code official in the application and interpretation of this code, there is hereby created a board of appeals. The three -member board of appeals shall be comprised of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the specific issues being appealed, and who is mutually agreed upon by the Chief Building Official and the Fire Chief. The board of appeals may adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a copy to the fire code official. B. Section 108.3 is deleted in its entirety. C. Appendix A of the International Fire Code is deleted in its entirety, and the following new Appendix A is added: Appendix A — Board of Appeals Section A 10 1 — General. A101.1 Scope. A board of appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the International Fire Code pursuant to the provisions of Section 108. The board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants, the fire code official, and other interested parties pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions. 01 A101.2 Membership. The three -member board shall consist of the Chief Building Official, the Fire Chief, and an independent fire safety engineer, architect, industrial hygienist or other qualified individual with expertise in interpreting and applying this code with respect to the issues being appealed. The Fire Chief and the Chief Building Official shall mutually agree upon the individual to serve as the third board member. A101.3 Quorum. All three members of the board are required for a quorum. In varying the application of any provisions of this code or in modifying an order of the fire code official, an affirmative vote of at least two of the three board members is required. A101.4 Secretary of the Board. The Fire District's Administrative Assistant shall serve as the secretary of the board and shall keep a detailed record of all its proceedings, which shall set forth the reasons for its decisions, and the vote of each member. A101.5 Meetings. The board shall meet within ten (10) days after notice of appeal has been received, or as soon thereafter as practicable. A101.6 Procedures. The board shall establish rules and regulations for its own procedures not inconsistent with the provisions of the Firestone Municipal Code and. laws of the State of Colorado. A101.7 Decisions.. Every decision shall be promptly fled in writing in the office of the fire code official, the town administrator, and town clerk and shall be open to public inspection. A copy of such decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board decision shall be sent by mail or otherwise to the appellant by the fire code official. A101.8 Board of Trustees Review. The town board of trustees, at its discretion and by motion, may call up any decision of the board within twenty-one (21) days after the date of issuance of the board's written decision. In the event of such call up, the following shall apply:, A101.8.1 The board of trustees shall consider the board's decision at a public hearing held subsequent to the meeting at which the decision was called up, and notice of such public hearing shall be provided to the appellant at least five (5) days in advance of the public hearing. A101.8.2 The board of trustees call up review shall be de novo, in addition to the information submitted at its public hearing, the board of trustees may receive and consider the board's minutes, any staff reports, and reviews and recommendations provided by town staff or fire district staff, and such other RI information as the board of trustees determines relevant to review of the decision subject to its call up. A101.8.3. The board of trustees may uphold, reverse or modify the decision of the board subject to its call up. The board of trustees' decision shall be promptly filed in writing in the office of the fire code official and the town clerk and shall be open to public inspection. A copy of such board of trustees decision shall be kept publicly posted in the office of the fire code official for twenty-one days (21) days after filing. A certified copy of the final board of trustees decision shall be sent by mail or otherwise to the appellant by the town clerk. A101.8.4 Failure of the board of trustees to call up a decision of the board prior to the expiration of twenty-one (21) days after the date of issuance of the board's written decision shall render the board's decision final for purposes of judicial review. Section 3. Chapter 15.32 of the Firestone Municipal Code is hereby amended by the addition of a new section 15.32.030 to read as follows: 15.32.30 Penalties. The following penalties shall apply to violations of this Chapter. A. It is unlawful for any person, partnership, corporation or other legal entity to violate any of the provisions of Chapter 15.32. B. Every person, partnership, corporation or other legal entity convicted of a violation of any provision stated or adopted by reference in Chapter 15.32 shall be punished by a fine not exceeding one thousand dollars or by imprisonment not to exceed one (1) year or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Chapter is committed, continued, or permitted by any such person shall be a separate offense. 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 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. 4 Section 6. The repeal or modification of any provision of any prior ordinance 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 10 41k day of (n A ke H , 2005. TOWN OF FIRESTONE, COLORADO TOAF -roWN Michael P. Simone J Mayor TTEST: 4 own 3/7/2005 11:00 AM [al] Y:\hres1onel0rdiaanceffC 2003(clen draft 3-7-05).DOC 9 ORDINANCE NO.576 AN ORDINANCE AMENDING SECTION 6.04.050 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE MAXIMUM NUMBER OF DOGS AND CATS ALLOWED AT ONE RESIDENCE WITHIN THE TOWN OF FIRESTONE. WHEREAS, the Board of Trustees finds that it is necessary to clarify a section in the Firestone Municipal Code regarding the maximum number of cats and dogs allowed at a residence within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 6.04.050 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are st,-ieken #we��'�): 6.04.050 Dog and cat limits. It s unlawful to own, keep or harbor upon any premises within the Town more than two dogs and two cats over four months of age, except for veterinarian hospitals, kennels, pet shops, education facilities and properly licensed commercial establishments. Outdoor kennels structures and exercise runs at such veterinarian hospitals, kennels, pet shops, education, facilities and properly licensed commercial establishments shall be allowed; provided, however, that such outdoor kennels structures and exercise runs shall not exceed sixteen hundred (1600) square feet in total area, and shall be located at least one hundred (100) feet from any habitable building. Outdoor kennels structures and exercise runs are allowed as an accessory use to a dwelling unit; provided, however, that such outdoor kennels structures and exercise runs shall not exceed two hundred (200) square feet in total area,; and shall be located at least twenty (20) feet from any habitable building not on the same lot; and shall contain no more than the maximum number of dogs cats ermitted under this section. 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, proceeding's, 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, of made in such actions, suits, proceedings, or prosecutions. 1 INTRODUCED, READ,' ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 17th day of March, 2005. TOWN OF FIRESTONE, COLORADO STON� r`TOWN•' I_ Michael P. Simone SEAS Mayor J He gw d, CMC own Clerk 41365115:33[twbl Y:SFiregoneNOrdinaT=kKenne[sAmend-wd.doc 5 r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII g2 ld County, CO 3289482 05/26/2005 03:03P We 1 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE N0. j 7 7 AN ORDINANCE APPROVING AN ANNEXATION .KNOWN AS THE HOMESTEAD AT FIRESTONE ANNEXATION NOS. ONE THROUGH FIVE TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Homestead at Firestone Annexation Nos. One through Five, 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 24, 2005 held a duly -noticed public hearing to consider the proposed annexation; and WHEREAS, notice of the hearing was published on February 22 and March 1, 8 and 15, 2005 in.the Daily Times -Call- 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: Seetinn 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 Homestead at Firestone Annexation Nos. One through Five, is hereby approved and such property is made a part of and annexed to the Town of Firestone. Scet�. ' 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. INTROMCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this, day of V 44W— � , 2005. TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor ' 1 lrrlll rrlr rlllllrlrrrlllrrll 482 Q5/26120Q5 0. lrll lrlrrl lllrrllrll 2 of 5 R 26.60 3.03P Weld County �� lrrl ATTEST: D 0.00 Steve Moreno Clerk & Recorder 11 dlHood, a Clerk �rSTOA14 i �VO i t iiii IN IIIIII lilll IIIII illl 3289482 05/26/2005 03:03P Weld County, CO 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T" P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89057'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 78031'59" WEST, A DISTANCE OF 150.33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO. FOUR; THENCE NORTH 00°41'49".'EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR, A DISTANCE OF 60.00 FEET; THENCE SOUTH 78023'29" EAST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.101 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T11 P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89057'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78031'59" WEST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 150.33 FEET; THENCE NORTH 87057'17" EAST, A DISTANCE OF 750.22 FEET; THENCE NORTH 87027'37" WEST, A DISTANCE OF 749.74 FEET TO THE�EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE; THENCE SOUTH 78°2-'29" EAST, ALONG THE EAST LINE OF HOMESTEAD.AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TI P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89054'51" WEST, A DISTANCE OF 3661.29 FEET TO AN EASTERLY LINE OF. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2; THENCE NORTH 87057'17" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; THENCE NORTH 87027'37" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 749.74 FEET; THENCE SOUTH 8900848" EAST, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES, MORE OR LESS. 3 111111111111111111111111111111111111111111111111111 IN 3289482 05/26/2005 03:03P Weld County, CO 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST.QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89028'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89054'51" REST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE, A DISTANCE OF 3661.29 FEET; THENCE SOUTH 89057'19" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312.12 FEET; THENCE SOUTH 89036'35" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2689..03 FEET; THENCE SOUTH 89028'58" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2269.20 FEET; THENCE NORTH 00007'08" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1350.00 FEET; THENCE SOUTH 89028'58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 00007'08" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316.07 FEET TO THE CENTER OF SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2570.54 FEET; THENCE SOUTH 00005'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 561.71 FEET; THENCE SOUTH 89024'03" EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 630.00 FEET; THENCE SOUTH 00005'14" WEST, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2040.81 FEET; THENCE NORTH 89028'58" WEST, PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 629.99 FEET; THENCE SOUTH 00°05'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9.93 FEET; THENCE NORTH 89036'35" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION, A DISTANCE OF 2718.47 FEET; THENCE NORTH 89057'19" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 312.23 FEET; THENCE SOUTH 89°08'48" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 3, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 119.398 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FIVE A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5, TOWNSHIP 2 NC•RTH, RANGE 67 WEST OF THE 6T11 P.M., AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6T11 P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89019'09" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 2570.54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; THENCE SOUTH 00005'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE BEING PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 561.71 FEET; THENCE CONTINUING SOUTH m 00005'14" WEST,ALONG S,AID EAST RIGHT OF WAY LINE, A -DISTANCE OF 2041.71 FEET TO A,NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00005'14" WEST, ALONG SAID.EAST RIGHT OF WAY LINE, -AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 9.93 FEET; THENCE NORTH 89036'35" WEST, ALONG A NORTHERLY LIFE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, SAID LINE BEING PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF"SATD SECTION 5, A DISTANCE.OF 60.00 FEET TO THE WEST LINE OF SAID COUNTY ROAD 17; THENCE NORTH 00005'14" EAST, ALONG SAID WEST LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF,THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2613.34 FEET; THENCE NORTH 00°04'48" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2837.52 FEET; THENCE SOUTH 89032'42" EAST, ALONG A LINE"PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2633..17 FEET; THENCE SOUTH 00°08'05" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER.OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 2847.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175.328 ACRES, MORE OR LESS. 3/2412005 3:37 PM [kkh] F:1Company\FiTestane\AnnexationUHomestead.ord.doe 1111 IN 328 Weld County, 444 i 3289482 0512612405 03.03P CO i 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder 4. 5 c IIIIIII Illiilllllilllll Ilillllll lilllll Illlilll IIIIIIII f 32894B1 05/2612005 03:03P Weld County, CO q$'1 1 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO.5 7 ? AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE HOMESTEAD AT FIRESTONE ANNEXATION NOS. ONE THROUGH FIVE WHEREAS, a petition for annexation of certain property, described in Exhibit A attached hereto and rr_ade a part hereof, and known as the Homestead at Firestone Annexation Nos. One through Five, 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 (PUD R-A) zoning classification and has submitted an Outline Development Plan in connection with the zoning request; and WHEREAS, the Planned Unit Development Residential -A 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 Homestead at Firestone Annexation Nos. One through Five 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 Homestead at Firestone 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. Ir I IIIIIIIIII IIII III'll Iliil IIII II��III III IlII� IIII IIII 3289481 05/2312005 03:03P Weld County, CO 2 of l R 36.90 D 0.00 Steve Moreno Clerk & Recorder Section 2. The Board of Trustees hereby approves the Outline Development Plan for the Homestead at Firestone Annexation subject to the conditions set forth on Exhibit B, attached hereto and incorporated herein'by reference. INTP. DUCED,- READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thiday of -in 412e , 2005. F TOWN OF FIRESTONE, COLORADO sloNF ' SOWN Y Michael P. Simone Mayor y Hed own Clerk. IIIIII Illllll�lllllilllllll IIIIIIIIIII 111111111111 IN 3289481 05/26''2005 03:03P Weld County, CO 3 of 7 R 36.00 a 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Residential -A (PUD R-A): HOMESTEAD AT•FIRESTONE LLC ANNEXATION NO. ONE A PARCEL OF.LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 5 AND THE 'NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T11 P.M., COUNTY OF WELD, STATE OF.COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:` COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89057'18" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO THE POINT OF BEGINNING;, THENCE SOUTH 78031'59" WEST,.A DISTANCE OF 150.33 FEET TO THE EAST LINE OF VOGL ANNEXATION NO. FOUR; THENCE NORTH 00°41'49" EAST, ALONG THE EAST LINE OF VOGL ANNEXATION NO. FOUR, A DISTANCE OF 60.00 FEET; THENCE SOUTH 78023'29" EAST, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.101 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. TWO A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 5 AND THE NORTH HALF OF SECTION 8, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6T11 P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 5; THENCE NORTH 89057'19" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 165.06 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC. ANNEXATION NO. ONE AND THE POINT OF BEGINNING; THENCE SOUTH 78031'59".WEST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 150.33 FEET; THENCE NORTH 87057'17" EAST, A DISTANCE OF 750.22 FEET; THENCE NORTH 87027'37" WEST, A DISTANCE OF 749.74 FEET TO THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE; THENCE SOUTH 78°23'29" EAST, ALONG THE EAST LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. ONE, A DISTANCE OF 149.66 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.415 ACRES, MORE OR LESS. 3 1111 IN I lillll illll lllll llllil lliil llli l 3289481 05/26/2005 03:03P Weld County, CO 4 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH HALF OF SECTION 8 AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M.,.COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89028'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89054'51" WEST, A DISTANCE OF 3661.29 FEET TO AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2; THENCE NORTH 87057'17" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 750.22 FEET; THENCE NORTH 87027'37" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 2, A DISTANCE OF 749.74 FEET; THENCE SOUTH 89008'48" EAST, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.005 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, THE SOUTH HALF OF SECTION 5, THE NORTH -HALF OF SECTION 8'AND THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89°28'58" WEST, ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1939.03 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89°54'51" WEST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. THREE, A DISTANCE OF 3661.29 FEET; THENCE SOUTH 89057'19" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 5, A DISTANCE OF 312.12 FEET; THENCE SOUTH 89036'35" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2689.03 FEET; THENCE SOUTH 89028'58" EAST, PARALLEL WITH AND 30 FEET SOUTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A 4 I IIIIII IIIII IIIII IIIIII IIIII IIII (IIIIII III IIIII IIII IIII 3289481 06/26/2005 03:03P Weld County, CO 5 of. 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder DISTANCE OF 2269.20 FEET; THENCE NORTH 00007'08" EAST, PARALLEL WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1350.00 FEET; THENCE SOUTH 89028'58" EAST, PARALLEL WITH THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 330.00 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4; THENCE NORTH 00007'08" EAST, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 1316.07 FEET TO THE CENTER OF SECTION 4; THENCE NORTH 89°19'09" WEST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2570.54 FEET; THENCE SOUTH 00005'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 561.71 FEET; THENCE SOUTH 89024'03" EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 630.00 FEET; THENCE SOUTH 00005'14" WEST, PARALLEL WITH THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2040.81 FEET; THENCE NORTH 89028'58" WEST, PARALLEL WITH AND 40 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 629.99 FEET; THENCE SOUTH 00005'14" WEST, PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 9.93 FEET; THENCE NORTH 89036'35" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5 AND ALONG ITS EASTERLY PROLONGATION, A DISTANCE OF 2718.47 FEET; THENCE NORTH 89057'19" WEST, PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 312.23 FEET; THENCE SOUTH 89°08'48" EAST, ALONG AN EASTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. 3, A DISTANCE OF 3660.96 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 119.398 ACRES, MORE OR LESS. HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FIVE A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 4 AND THE EAST HALF OF SECTION 5, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., AND THE SOUTHWEST QUARTER OF SECTION 33 AND THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 3 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 89019'09" WEST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, SAID LINE BEING A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 2570.54 FEET TO THE EAST RIGHT OF WAY LINE OF COUNTY ROAD 17; THENCE SOUTH 00005'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE 5 3289481 05/26/2005 03:03P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder BEING PARALLEL WITH AND 30 FEET EAST OF THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 4, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 561.71 FEET; THENCE CONTINUING SOUTH 00005'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 2041.71 FEET TO A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR; THENCE CONTINUING SOUTH 00005'14" WEST, ALONG SAID EAST RIGHT OF WAY LINE, AND BEING ALONG A WESTERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO. FOUR, A DISTANCE OF 9.93 FEET; THENCE NORTH 89036'35" WEST, ALONG A NORTHERLY LINE OF HOMESTEAD AT FIRESTONE LLC ANNEXATION NO.:FOUR, SAID LINE BEING PARALLEL WITH AND 30 FEET NORTH OF THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 60.00 FEET TO THE WEST LINE OF SAID COUNTY ROAD 17; THENCE NORTH 00005'14" EAST, ALONG SAID WEST LINE, SAID LINE BEING PARALLEL WITH AND 30 FEET WEST OF THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2613.34 FEET; THENCE NORTH 00004'48" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET WEST OF THE NORTHEAST QUARTER OF SAID SECTION 5, A DISTANCE OF 2837.52 FEET; THENCE SOUTH 89032'42" EAST, ALONG A LINE PARALLEL WITH AND 30 FEET NORTH OF THE NORTHWEST QUARTER OF SAID SECTION 4, A DISTANCE OF 2633.17 FEET; THENCE SOUTH 00008'05" WEST, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 AND THE NORTHERLY PROLONGATION THEREOF, A DISTANCE OF 2847.56 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 175.328 ACRES, MORE OR LESS. 2 I I!lIIIlIII! IIIIIlII!!I I �� _ _ _� 3289481 05/26/2005 03I!!I III! IlII!!I III !lIII I!!I I!!I :03P Weld County. Co I. 7 of 7 R 36.00 D 0.00 Steve Moreno Clerk &Recorder r _------� EXHIBIT B Homestead at Firestone Annexation Nos. One through Five Zoning and Outline Development Plan Conditions of Approval General 1. Provide tax certificate and title commitment for entire property. 2. The entire property needs to be included in the Carbon Valley Recreation District, the St. Vrain Sanitation District, the Frederick -Firestone Fire Protection District, and the Central Weld County Water District. The property needs to be excluded from the Platteville- Gilcrest Fire Protection District. 3. An Annexation Agreement will be required. 4. Revise plans and address comments in accordance with comments of the Town Engineer. Outline Development Plan 5. Add metes and bounds legal description for outer boundary of entire area being annexed. 6. Remove duplicate signature blocks. 7. Fix typographical errors throughout. 8. Remove references to specific street sections. 9. Show ODP for entire annexed area, including. Firestone Boulevard right-of-way. 10. Revise text to clarify that landscape cultural submittal requirements and reporting shall be as specified in the Firestone Development Regulations. 11. Add a note that at the time of PDP/FDP, provide internal local street access for Lot 1. 12. D.-lete the fourth paragraph of the Project Concept block. 3/25/2005 8:33 AM [kkh] F:1Company\FirestoneVAnnexation\Homestead.mne.ord.doc VA ;s ORDINANCE NO. 579 AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE PURCHASE AGREEMENT AND RELATED DOCUMENTS; RATIFYING ACTION PREVIOUSLY TAKEN CONCERNING THE REFERENCED DOCUMENTS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Firestone in Weld County, Colorado (the "Town") is a statutory town duly organized and existing under the Constitution and laws of the State of Colorado (the "State '); and WHEREAS, the Town Board has the power pursuant to Section 31-15-101(1)(d), C.R.S. to acquire, hold, lease, and dispose of property, both:real and personal as may be necessary for any legally authorized purpose; and WHEREAS, the Town intends to enter into that certain Lease Purchase Agreement dated as of May 1, 2005 (the "Lease") between the Town, as lessee, and the Town, of Firestone Finance Authority (the "Authority"), as lessor, to finance the acquisition of certain real estate located at the southeast corner of Colorado Boulevard and Sable Avenue, and the buildings and/or improvements, if any, located thereon, including but not limited to all property permanently affixed to such real estate or buildings, all as more particularly described in Exhibit A to the Lease and Exhibit.0 hereto (herein, the "Leased Property"); and WHEREAS, the Authority is a nonprofit corporation', duly organized, existing and in good standing under the laws of the State, and is duly qualified to do business in the State; and WHEREAS, under its articles of incorporation and bylaws, the Authority is authorized to own and hold real and personal property and to lease the same as lessee or as lessor and to act in the manner contemplated in the Lease; and WHEREAS, the Authority has entered into that certain Mortgage and Indenture of Trust dated as of May 1, 2005 (the "Indenture") with Valley Bank & Trust, a commercial bank chartered under the laws of the. State, as Trustee (the "Trustee"); and WHEREAS, pursuant to the Indenture, there will. be- issued Certificates of Participation, Series 2005 (the "Certificates"), evidencing assignments of the right to receive -certain payments under the Lease; and. . WHEREAS, the Certificates shall evidence assignments of the right to receive certain Revenues (as defined in the Lease), shall. be payable solely from the sources therein provided and 1 shall not dir-.ctly or indirectly obligate the Town to make any payments beyond those appropriated for any fiscal year during which the Lease shall be in effect; and WHEREAS, the obligation of the Town to pay Base Rentals and Additional Rentals (both as defined in the Lease) shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, the Town has determined and hereby determines that it is in the best interests of the Town that the Town and the Authority enter into the, Lease to provide for the purchase of the Leased Property by the Authority, and the leasing by the Town from the Authority of the Leased Property and the use of the proceeds from the sale of the Certificates to pay the costs of acquiring the Leased Property; and WHEREAS, form of the Lease is on file with the Town Clerk; and WHEREAS, no member of the Town Board has any conflict of interest or is -_-- interested in any pecuniary manner in the transactions contemplated by this ordinance; and WHEREAS, Section 11-57-204 of the Supplemental Public Securities Act, constituting Title 11, Article 57, Part 2, C.R.S. (the "Supplemental Act"), provides that a public entity, inclucing the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act. NOW,,THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Town Board, or the officers or agents of the Town Board or. the Town, relating to the Lease is hereby ratified, approved and confirmed. Section 2. Assignment of Leased Property. The Town Board hereby finds and determines that the assignment of the Town's interests in that certain Purchase Contract to Buy and Sell Real Estate, made and entered into on April 14, 2005, by and between the Town and Knox Farm, LLC, a Colorado limited liability company, to the Authority is necessary, convenient, -and in furtherance of the governmental purposes of the Authority and is in the best interests of the Authority, ar_d that the fair value of the Leased Property does not exceed the aggregate principal 2 amount of the Certificates, and the Town hereby authorizes and approves such assignment to the Authority. Section 3. Supplemental Public Securities Act. The Town Board hereby elects to apply all of the Supplemental Act to the Lease. Section 4. Finding of Best Interests. The Town Board hereby finds and determines, pursuant to the ordinances of the Town and the laws of the State, that leasing the Leased Property from the Authority under the terms and provisions set forth in the Lease and the Indenture are both necessary, convenient and in furtherance of the Town's purposes and are in the best interests of the Town, and the Town Board hereby authorizes and approves such leasing of the Leased Property, all under the terms and provisions of the Lease and the Indenture. Section 5. Parameters for Lease. The Towri Board hereby delegates to the Mayor of the Town or the Town Administrator the authority to make determinations in relation to the Lease subject to the following parameters and restrictions: (a) the aggregate principal amount of the Lease shall not exceed $2,100,000; (b) the maximum Base Rentals shall not exceed $201,750; (d) the Lease shall terminate no later than December 1, 2025; and (e) the maximum net effective interest rate of the Base Rentals shall not exceed 6.75%. Section 6. Approval of Lease. The Lease in substantially the form as is on file with the Town Clerk, is in all respects approved, authorized and confirmed, and the Mayor, or in his absence the Mayor Pro Tem, and Town Clerk are authorized and directed to execute and deliver the Lease in substantially the form as is on file with the Town Clerk, for and on behalf of the Town. Section 7. Acknowledgment of the Assignment of the Lease. The Town Board hereby acknowledges and consents to the assignment by the Authority to the Trustee, pursuant to the Indenture, of all right, title and interest of the Authority in, to and under the Lease. Section 8. Authorization to Execute Collateral Documents. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town Board in connection with the matters authorized by this ordinance and to place the seal of the Town on any document authorized and approved by this ordinance. The Mayor, or in his absence the Mayor Pro Tem, the Town Clerk, and the Finance Director or other appropriate officials or agents of the Town Board or the Town, are hereby authorized to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they may deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The Town Treasurer, Finance Director and other appropriate officers of the Town Board are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance, and are specifically authorized and directed hereby to invest such funds in Permitted Investments a; are defined and provided in the Indenture. The execution of any instrument by the 3 aforementioned officers or members of the Town Board shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 9. No General Obligation Debt. No provision of this ordinance, the Lease, [the Indenture] or the Certificates shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the Town within the meaning of any constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals (as defined in the Lease) and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. No provision of the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Constitution of the State. Neither the Lease nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section 10. Reasonableness of Rentals. The Town Board hereby determines and declares that the Base Rentals (as defined in the Lease) do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Leased Property pursuant to the Lease. The Town Board hereby determines and declares that the period during which the Town has an option to purchase the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. Section 11. Town Representative. The Town Board hereby determines that Michael P. Simone, the Mayor of Town, and Cheri Andersen, the Town Administrator, are each authorized to act as Town Representative, as defined and as further provided in the Lease. The Town Representative may be changed by resolution hereafter adopted by the Town Board. Section 12. No Recourse against Officers and Agents. Pursuant to Section 11-57- 209 of the Supplemental Act, if a member of the Town Board, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse shall not be available either directly or indirectly through the Town Board or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such certificate specifically waives any such recourse. Section 13. Severability. If any section, subsection, paragraph, clause or provision of this resolution or the documents hereby authorized and approved (other than provisions as to the payment of Base Rentals by the Town Board during the Lease Term, provisions for the quiet 4 enjoyment of the Leased Property by the Town during the Lease Term and provisions for the conveyance of the Leased Property to the Town under the conditions provided in the Lease) shall for . any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution or such documents, the intent being that the same are severable. Section 14. Repealer. All ordinances of the Town, or parts thereof, inconsistent with this ordinance or with the Lease or any of the documents hereby approved, are hereby repealed only to the extent of such inconsistency. This repealer shall not be construed as, reviving any ordinance of the Town, or part thereof, heretofore repealed. Section 15. Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage and publication. INTRODUCED, READ, PASSED, APPROVED AND ORDERED PUBLISHED IN FULL this 215` day of April, 2005. ' '•TOWN ''• SEAL CL Attest'. Judy wood, Jo Clerk TOWN OF FIRESTONE, COLORADO Michael P. Simone, Mayor ORDINANCE NO.580 AN ORDINANCE AMENDING TITLE 8 OF THE FIRESTONE MUNICIPAL CODE TO PROHIBIT BURNING OF GARBAGE, REFUSE, WEEDS, AND RUBBISH WHEREAS, pursuant to C.R.S. § 31-15-401(1)(b), the Town may do all acts and make all regulations which may be necessary for the promotion of health or the suppression of disease; and WHEREAS, pursuant to C.R.S. § 3 14 5-401 (1)(q), the Town may control and limit fires, including but not limited to the prohibition, banning, restriction, or other regulation of fires and the designation of places where fires are permitted, restricted or prohibited; and WHEREAS, the Board of Trustees finds that the disposal of garbage, refuse, weeds, leaves and rubbish by burning is a form of airpollution; a threat to health and may result in annoyance, inconvenience, nuisance or discomfort to the citizens of the Town and therefore poses a hazard to public health, safety and general welfare; and WHEREAS, the Board of Trustees finds that it is in the best interest of the public health, safety and general welfare to prohibit the open burning of garbage, refuse, weeds; leaves and rubbish within the Town as set forth herein. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 8.12.020 of the Firestone Municipal Code is hereby. amended by the addition of a new subsection D to read as follows: 8.12.020 Waste Material —Removal required —Burning prohibited. D. It is unlawful for any person, corporation or entity owning, occupying or managing any lot, tract or parcel of land within the town to burn or allow the burning waste materials, the removal of which is required by this section. The foregoing prohibition shall not apply to the burning of untreated wood in a fireplace, or'to the burning of operating irrigation ditches. Persons undertaking a ditch burning shall give prior notice to the fire department. Section 2. Section 8.16.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in deem; words to be added underlined 8.16.030 Weeds —Duty to remove —Burning prohibited. A. It shall be unlawful for any person, corporation or entity owning, occupying or managing any lot, tract or parcel of land within the town to fail to remove, immediately upon cutting, all weeds, grasses, brush, trees, limbs, shrubs or plants, together with all rubbish of alf kinds, from the town: in a leo fashion. B. It shall be unlawful for anyperson, corporation or entity owning, occppyjAjz or managing any lot, tract or parcel of land within the town to burn or allow the burning of weeds asses brush trees limbs shrubs or plants, or rubbish of an other kind the removal of which is required by this section. The foregqLng prohibition shall note apply to the burning of untreated wood m' a fireplace, or to the burning of operating irrigation ditches. Persons undertaking a ditch burning shall give prior notice to the fire department. _ Section 3. 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 4. If any article, section, paragraph, sentence, clause, or phrase ofthis 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 5. The repeal or modification of any provision of any prior ordinance 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 j udgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section G. 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 28th day of April, 2005. ATTEST: f d• Town Clerk 4/29/2005 10:25 AMIal Y:\Finsw=X)rdhmrmWA.wood.bumingord.dac V/z Michael P. Simone Mayor ORDINANCE NO.Sf1 AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE WITH OPTION TO PURCHASE AGREEMENT AND RELATED DOCUMENTS FOR ACQUISTION OF A TOWN WATER TANK SITE; RATIFYING ACTIONS PREVIOUSLY TAKEN CONCERNING THE REFERENCED DOCUMENTS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Firestone in Weld County, Colorado (the "Town") is a statutory town duly organized and existing under the Constitution and laws of the State of Colorado (the "State"); and WHEREAS, the Town Board has the power pursuant to Section 31-15-101(i)(d), C.R.S. to acquire, hold, lease, and dispose of property, both real and personal as may be necessary for any legally authorized purpose; and WHEREAS, the Town intends to enter into that certain Lease with Option to Purchase agreement dated as of July 1, 2005 (the "Lease") between the Town, as tenant, and Tsunami Communications, Inc., as lessor, to finance the acquisition of two parcels of real estate owned by the lessor and totaling 2.43 acres located in the NW 1/4, See. 33, T2N, R67W, County of Weld, State of Colorado, as more particularly described in Exhibits A through D to the Lease and Exhibit A hereto (the "Leased Property"); and WHEREAS, the Town intends to acquire the Leased Property for use as a water tank site for the Town and for other lawful purposes as authorized to the Town; and WHEREAS, under the terms of the Lease, a copy of is on file with the Town Clerk, the Town shall pay to the lessor a total of $24,300 in five annual payments of $4,860 as rent for lease of Leased Property, and $1.00 to purchase and obtain title to the Leased Property at the end of the Lease term, subject appropriation of funds therefor and to the other terms and conditions of the Lease; and WHEREAS, the obligation of the Town to pay annual rent and any additional amounts pursuant to the Lease shall be from year to year only; shall constitute currently budgeted expenditures of the Town; shall not constitute a mandatory charge or requirement in any ensuing budget year; and shall not constitute a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional or statutory limitation or requirement concerning the creation of indebtedness, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect; and WHEREAS, the Town has determined and hereby determines that it is in the best interests of the Town that the Town and the lessor enter into the Lease to provide for the Town's lease of the Leased Property, with the option to purchase such Property at the end of the Lease term; and WHEREAS, no member of the Town Board has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance; and 1 WHEREAS, the Board of Trustees by this ordinance desires to approve the Lease Agreement for the Town's lease of the Lease Property with option to purchase; to identify the source of funding for the first payment of annual rent under such Lease; to authorize other actions in connection therewith, and to otherwise comply with applicable law, including but not limited to C.R.S. § 31-15-801. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The foregoing recitals are hereby incorporated herein and made a part of this ordinance. Section 2. That certain Lease with Option to Purchase agreement between the Town of Firestone and Tsunami Communications, Inc., (the "Lease") for the Town's lease of the Leased Property, which lease includes an option to purchase and acquire title to the Leased Property, is hereby approved in essentially the same form as the copy of such Lease accompanying this ordinance. Section 3. The Mayor is hereby granted the authority to negotiate and approve such revisions to said Lease as the Mayor determines are necessary or desirable for the protection of the Town, so long as the Lease term is not extended, the consideration paid by the Town is not increased, and the other essential terms and conditions of the Lease are not altered. Section 4. The Mayor and Town Clerk are authorized to execute.the Lease, to execute such other documents as are necessary to implement the Lease and purchase of the Leased Property in accordance with the terms of the Lease, and to make the first annual lease payment due under the Lease from ands identified under Section 5, below and otherwise legally available. Section 5. Unless other funds become available for use by the Town as determined by the Board of Trustees, monies from the Town water enterprise fund shall be used for the Town's first annual rental payment under the Lease, which payment shall be made subject to the Lease and to any necessary budgetary transfers or supplementary budgets and appropriations in accordance with law. Section 6. All actions he taken (not inconsistent with the provisions of this ordinance) by the Town Board, or the officers or agents of the Town Board or the Town, relating to the Lease are hereby -ratified, approved and confirmed. Section 7. The Town Board hereby finds and determines, pursuant to the ordinances of the Town and the laws of the State, that leasing the Leased Property under the terms and provisions set forth in the Lease is necessary, convenient and in furtherance ofthe Town's purposes and is in the best interests of the Town, and the Town Board hereby authorizes and approves such leasing of the Leased Property, all under the terms and provisions of the Lease. Section S. No provision of this ordinance or the Lease shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year direct or indirect debt or other financial obligation whatsoever of the Town within the meaning of any constitutional or statutory provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town's obligation to make rental payments under the Lease may be terminated by the Town in accordance with the provisions of the Lease. No provision of the Lease shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the Constitution of the State. Neither this ordinance nor the Lease shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town's then current fiscal year. Section 9. The Town Board hereby determines and declares that rentals under the Lease do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Leased Property pursuant to the Lease. The -Town Board hereby determines and declares that the period during which the Town has an option to purchase the Leased Property (i.e., the entire maximum term of the Lease) does not exceed the useful life of the Leased Property. Section 10. 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 11. 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. This repealer shall not be construed as reviving any ordinance of the Town, or part thereof, heretofore repealed. Section 12. This ordinance shall be in full force and effect thirty (30) days after passage and publication. j1 ZODUCED, READ, PASSED, APPROVED AND ORDERED PUBLISHED IN FULL this day of 'fr� 32005. Attest: 4d = `0 Town Clerk TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor �P�sroN� '' TOWN SEAL Exhibit A — Legal Description of Leased Property TANK PARCEL #1 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W 'A CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00°49'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 N 00049'50" E 410.86 FEET; THENCE S 89010' 10" E,180.00 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY TSUNAMI COMMUNICATION INC., RECORDED AS RECEPTION #02392815 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00049'50" E, 232.76 FEET; THENCE N 88005106" E, 235.27 FEET; THENCE S 00049'50" W, 244.03 FEET; THENCE N 89" 10' 10" W, 235.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.29 ACRES (56,022 SQUARE FEET), MORE OR LESS. TANK PARCEL #2 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE W 'A CORNER OF SAID SECTION 33 AND CONSIDERING THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N 00049'50"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 33 N 00049'50"E 663.64 FEET; THENCE S 85 ° 10' 10" E, 180.00 FEET, TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND OWNED BY TSUNAMI COMMUNICATION INC., RECORDED AS RECEPTION 402392815 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID WESTERLY BOUNDARY N 00049'50" E, 217.22 FEET; THENCE S 89° 10' 10" E, 235.00 FEET; THENCE S 00°49'50" W, 205.95 FEET; THENCE S 88°05'06" W, 235.27 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1.14 ACRES (49,722 SQUARE FEET), MORE OR LESS. n u ORDINANCE NO. jj,2- AN ORDINANCE AMENDING CHAPTER 15.04 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE BUILDING CODE; ADOPTING BY REFERENCE APPENDIX J TO THE INTERNATIONAL BUILDING CODE 2003 EDITION, AS PROMULGATED BY THE INTERNATIONAL CODE COUNCIL; ADOPTING AMENDMENTS TO SUCH APPENDIX ADOPTED BY REFERENCE; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. WHEREAS, national building, housing and safety standards have been developed and from time to time updated, as set forth in various uniform codes, and it is deemed in the best interest ofthe citizens of Firestone, and in the interest of the public health, safety, and general welfare, to adopt by reference thereto certain uniform codes that shall accommodate the circumstances and requirements of the Town; and WHEREAS, the Board previously adopted the International Building Code, 2003 edition.and Appendix I thereto by Ordinance No. 568; and WHEREAS, the Board of Trustees, after proper notice as required by law, has held a public hearing on this ordinance providing for the adoption and amendment of said Appendix J to the code; and WHEREAS, Appendix J has been submitted to the Board of Trustees in writing and the Board of Trustees has determined that Appendix J and amendments thereof should be adopted as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 15.04, Section 15.04.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be added are underlined; words to be deleted are striekea 15.04.020 International Building Code adopted. The International Building Code, 2003 Edition as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401, Chapters 1 through 35 inclusive, and Appendix Chapte I and Appendix J, }s are hereby adopted by reference thereto and incorporated into and made a part of the Firestone Municipal Code. The purpose and subject matter of the International Building Code (also referred to as the IBC) include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. Except as otherwise provided herein, the International Building Code is adopted in full, including the outline of contents, index, and Appendix Gkapter I and Appendix J inclusive contained therein. In all sections of this code where a reference is made to the International Building Code or IBC, said reference shall be to the 2003 Edition of said Code. The town building department shall maintain sufficient copies of the International Building Code as required by law in the Town Hall. Section 2. Chapter 15.04, Section 15.04.030 of the Firestone Municipal Code is hereby amended by the addition of new subsection V to read as follows: 15.04.030 International Building Code - Amendments. V. Appendix J (Grading) is amended by the addition of new sections "J 112 Grading Fees" and "J 113 Performance Guarantees" which shall read as follows: Section J112 Grading Fees. J112.1 General. Fees shall be assessed in accordance with the provisions of this section or shall be as set forth in a fee schedule adopted by the Board of Trustees. J112.2 Plan review fees. When a plan or other data are required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be asset forth in Table J112-A. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater: J112.3 Grading permit fees. A fee for each grading permit shall be paid to the building official as set forth in Table J112-B. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. TABLE J112-A GRADING PLAN REVIEW FEES 2 50 cubic yards 38.2 m or less. ...... ............ .......... .. No fee ...... .............. ............... . 51 to 100 cubic yards 40 m to 76.5 m3 .$23.50 ...................... .... 101 to 1,000 cubic yards 77.2 m3 to 764.6 m)..................................................$37.00 1,001 to 10,000 cubic yards "765.3 m to 7645.5 m3 ....................................$49.25 10,001 to 100,000 cubic yards (7646.3 M3 to 76 455 m)-$49.25 for the first 10,000 cubic yards 7645.5 m3 ,Plus $24.50 for each additional 10,000 yards (7645.5 m 3)or fraction thereof. 100,001 to 200,000 cubic yards (76 456 m3 to 152 911 m)-$269.75 for the first 100,000 cubic yards (76 455 m3), plus $13.25 for each additional 10,000 cubic yards (7645.5 m) or fraction thereof 200,001 cubic yards (152 912 m) or more-$402.25 for the first 200,000 cubic yards (152 911 m3), plus $7.25 for each additional 10,000 cubic yards 7645.5 m3 or fraction thereof. Other Fees: Additional plan review required by changes, additions or revisions to approved Tans $50.50 per hour* minimum charge -one-half hour Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. TABLE J112-B GRADING PERMIT FEES' 50 cubic ards 38.2 m.......................................................................or less $23.50 51 to 100 cubic yards 40 m to 76.5 m ). .. ... .$ 37.00 101 to 1,000 cubic yards (77.2 m to 764.6 m)-$37.00 for the first 100 cubic yards (76.5 m ) plus $17.50 for each addition al 100 cubic yards (76.5 m)or fraction thereof. 1,001 to 10,000 cubic yards (765.3 m3 to 7645.5 m)-$194.50 for the first 1,000 cubic yards 764.6 m3 , plus $14.50 for each additional 1,000 cubic yards 764.6 m3 or fraction thereof. 10,001 to 100,000 cubic yards (7646.3 m to 76 455 m)-$325.00 for the first 10,000 cubic yards (7645.5 m3), plus $66.00 for each additional 10,000 cubic yards (7645.5 m) or fraction thereof. 100,001 cubic yards (76 456 m) or more-$919.00 for the first 100,000 cubic yards (76 455 m), plus $36.50 for each additional 10,000 cubic yards 7645.5 m) or fraction thereof. Other Inspections and Fees: 1. Inspections outside of normal business hours......................................$50.50 per hour 2 (minimum charge -two hours) 2. Reinspection fees assessed under provisions of Section 108.8............. $50.50 per hour 2 3. Inspections for which no fee is specifically indicated ............... $50.50 per hour 2 minimum charge -one-half hour) 'The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. 2 Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved. Section J113 Performance Guarantees. The building official may require a performance guarantee in the form of a bond, letter of credit or cash escrow in such form and amounts as may be deemed necessary to ensure that the work, if 3 not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions. 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 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 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 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 1 q day of M A Y , 2005. TOtyE STEAL Attest: _ Tu—v He d. Towalerk 4/26/2005 11:41 AM [wil] Y:ViremonelOrdioencel2DG3BuRdingCodeAdoptionAPPJ.doc TOWN OF FIRE , COLORADO Michael P. Simone, Mayor 4 NOTICE OF PUBLIC HEARING TOWN OF FIRESTONE, COLORADO TO CONSIDER AMENDMENTS TO THE TOWN'S BUILDING CODES AND THE ADOPTION BY REFERENCE OF THE INTERNATIONAL BUILDING CODE, 2003 EDITION, APPENDIX d NOTICE is hereby given that the Board of Trustees of the Town of Firestone, Colorado, will hold a public hearing at 7:30 p.m. on May 19, 2005, at the Firestone Town Hall, 151 Grant Avenue, Firestone, Colorado, 80520. The purpose of the hearing will be to consider adoption of an ordinance to: Amend Chapter 15.04 of the Firestone Municipal Code regarding the Building Code; adopt by reference the International Building Code, 2003 Edition, Appendix J, as published by the International Code Council, 5203 Leesburg Pike, Suite 600, Falls Church, Virginia 22041-3401. The purpose and subject matter of the International Building Code Appendix J include comprehensive provisions regulating construction aspects of building and providing uniform building standards for the purpose of protecting the public health, safety and general welfare. Copies of the building code amendments, and Appendix J to the International Building Code 2003 Edition are on file with the Town Clerk and are available for public inspection during regular business hours. THE FOREGOING NOTICE WAS PUBLISHED TWICE, on May 3, 2005 (at least 15 days preceding the hearing) and on May 10, 2005 (at least 8 days preceding the hearing) in the Daily Times -Call. TOWN OF FIRESTONE Judy Hegwood Town Clerk 4R6R00511:57 AM[affl].Y:1F¢r5orrelOrduenceUW3BuddmgCodeAnienWPJNotice.doc AGENDA Town of Firestone — Board of Trustees Regular Meeting —151 Grant Avenue June 9, 2005 — 7:30 p.m. The Board of Trustees encourages citizen participation, however in the interest of time it would be appreciated if each speaker would limit his or her discussion to 3 minutes and address the topic at hand. Thank you for your cooperation. For people who are unable to come to the podium, there is a cordless microphone available. 1. Meeting Call to Order & Roll Call 2. Pledge of Allegiance 3. Approval of Agenda _ 4. Consent Agenda a. Approval of June 2005 Bills b. Approval of Minutes -- April 28, 2005 Regular Meeting May 12, 2005 Regular Meeting May 19, 2005 Special Meeting May 26, 2005 Regular Meeting 5. Unscheduled Citizens 6. Liquor Licensing Authori a. Cimarron Liquors - Liquor License Renewal 7. Public Hearings None. 8. Regular Business a. Street Closure Ordinance b. Trail Connection c. Adopt a Place Program 9. Reports 10. Executive Session 11. Adjournment 1 ORDINANCE NO. � AN ORDINANCE AMENDING CHAPTER 8 OF THE FIRESTONE MUNICIPAL CODE REGARDING NUISANCES WHEREAS, pursuant to C.R.S. § 31-15401, the Town is authorized.to declare what is a nuisance, abate the same, and impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; and WHEREAS, the Board of Trustees finds it is in the best interest of the health, welfare and safety of its residents to prohibit nuisances as defined herein, to provide for abatement of the same, and to impose fines and other penalties for violations of the same. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Sections 8.04.010, 8.04.020, and 8.04.040 of the Firestone Municipal Code are hereby repealed. Section 2. Section 8.04.030 of the Firestone Municipal Code is hereby renumbered 8.04.010 and amended to read as follows (words to be deleted shown in woof; words to be added underlined): 8.04.010 Buildings to be connected to sewer. Each building in the Town shall be connected YeA to a sewer s_ sy tem constructed and maintained in accordance with the ordinances and regulations of the. Town. It shall be unlawful for any Any person or entity owning such building and fefusin of negleeting to refuse or ne lg ect to comply with the provisions of this Section—"! be sopa�.,*� Section 3. Title 8 of the Firestone Municipal Code concerning Health and Safety is hereby amended by the addition of a new Chapter 8.06 to read as follows: Chapter 8.06 Nuisances 8.06.010 Definitions A. In the interpretation of the definitions set forth in this section, it is the express intent of the Board of Trustees that such definitions be liberally construed to include like matters, materials, objects, or substances, whether or not the same are specifically identified. It is further the expressed legislative intent of the Board of Trustees that the definitions not be considered mutually exclusive, and that in the interpretation of such definitions it is recognized that any substance, material, or object may constitute litter, trash, garbage, and junk at the same time. Liberal construction of definitions is deemed necessary by the Board of Trustees in order to fulfill the public purpose of this section, which is to ensure the Town is maintained in a clean, healthy, and attractive condition by eliminating all nuisances and outside storage of garbage, trash, junk, and related matters, objects, or materials as set forth in this section. 'B. The following words, terms, and phrases, when used in this Title 8 shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: 1. Code enforcement officer means the Chief of Police or his designee. 2. Garbage means wastes resulting from the handling, preparation, cooking, and consumption of food and wastes from the handling, storage, and sale of produce. 3. Junk means scrap brass, scrap copper, scrap iron, scrap lead, scrap tin, scrap zinc, and all other scrap metals and their alloys, bones, rags, used cloth, used rope, used rubber, used tinfoil, used bottles, old or used machinery of any type, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates (fabricated of any material), used pipe or pipe fittings, used conduit or conduit fittings, and used tires and other manufactured goods that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition. 4. Litter means and includes any manmade or man -used waste that, if deposited within the Town other than in a litter receptacle, tends to create a danger to public health, safety, and welfare or to impair the environment of the people of the Town. "Litter" includes any garbage, trash, refuse, confetti, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazine, glass, metal, plastic or paper container, used construction materials including concrete and other construction debris, motor vehicles or parts thereof, furniture, appliances such as refrigerators, freezers, ranges, stoves, washers and dryers, dead animal carcass, nauseous or offensive (as related to the senses of a person of ordinary'intelligence and reasonableness within the community) matter of any kind, or any object that does or may tend to injure any person or create a traffic hazard. 2 :yJ 5. Person means any owner, resident, or occupant of any parcel of property, any member of the household residing therein, or any person who has any building, property, lot or premises under his control. 6. Public nuisance or nuisance means a thing, act, failure to act, occupation, activity, condition, or use of property that: a. annoys, injures or endangers the safety, health, comfort, or repose of any person; b. offends the public decency; C. interferes with, obstructs, or tends to obstruct or render dangerous for passage any lake, stream, canal or other body of water or a public park, street, alley, or other public way; d. in any way renders any person insecure in life or use of property; or e. otherwise constitutes or is known or declared a public nuisance by virtue of common law, state statutes or ordinances of the Town. 7. Trash means combustible refuse, including but not limited to paper, cartons, boxes, barrels, wood (except stacked firewood and stacked construction materials), tree branches, yard trimmings, dead plant material, wood or upholstered furniture or bedding, or similar substance or material; noncombustible refuse, including but not limited to metals, tin or aluminum cans, metal furniture, dirt, rock, pieces of concrete, glass, crockery, or other minerals or mineral wastes; or street rubbish, including but not limited to street sweepings, dirt, leaves, catch bag dirt, and contents of a litter receptacle. "Trash" does not include earth and waste from building construction during the period in which a valid building permit issued by the Town is active. 8.06.020 Nuisances prohibited. A. It is unlawful for any person to own, occupy, or have under his control any property, building, lot, or premises with any nuisance located thereon. It is unlawful for any person to: Do any act constituting a nuisance; 2. Knowingly fail to act where such failure causes or continues a nuisance. 3. Permit any activity or condition constituting a nuisance; or 3 4. Aid or abet in the creation or maintenance of a nuisance. B. The prohibitions of this section shall apply only to persons in a position to avoid, prevent, or discontinue a nuisance. 8.06.030 Nuisances affecting cleanliness and health. A. Any unclean, foul, unsafe, unhealthy, dangerous, defective, or filthy drain, ditch, tank, or gutter, or any leaking or broken slop, garbage, or manure box or receptacle of like character shall be deemed a nuisance. B. Any accumulation of manure on premises where animals are kept, unless the premises are kept clean and the manure kept in a box or vault screened from flies and emptied at least once a week, shall be deemed a nuisance. C. It shall be unlawful to deposit in or on or to litter any street, alley, or public place with garbage, rubbish, debris, sod, earth, sand, gravel, concrete, or any other construction or waste material. Such actions shall be deemed a nuisance. D. Any pond, pool, stream, ditch, or deposit of water or other liquid or viscous body that is unsafe, dangerous, or detrimental to the public health or safety, or unwholesome or offensive in odor, shall be deemed a nuisance. 8.06.040 Nuisances affecting garbage, trash, and junk. A. It is unlawful for any person to: 1. Store upon his property, place upon his property, or allow to remain upon his property any garbage, junk, litter, or trash; 2. Dump or deposit, or cause to be dumped or deposited, litter, garbage, trash. or junk on the property of another or on property owned by the Town, unless such property is clearly marked and designated as a proper dump or receptacle for the deposit of garbage, junk, litter, or trash; 3. Place or permit to remain anywhere in the Town any garbage or other material subject to decay other than leaves or grass, except in a watertight and airtight can or container, which neither creates an odor or stench or is accessible to animals; 4. Operate or cause to be operated on any highway or public way in the Town any truck or vehicle transporting garbage, trash, or junk unless 4 such garbage, trash, or junk is covered or otherwise secured to prevent any portion of such garbage, trash, or junk from being thrown or falling upon the highway or public way; 5. Cause or permit to accumulate any litter, ashes, or trash, or any such material that can be blown away by the wind anywhere in the Town; 6. Cause or permit to accumulate any grass clippings or leaves anywhere in the Town except in a container or a sealed plastic trash bag awaiting pickup and disposal; 7. Display, or cause or allow to be displayed, upon his property any junk, unless the junk is completely shielded and screened from the view of any member of the general public by a wall, fence, or similar barrier constructed in conformance with this Code; 8. Keep or store any construction materials unless a valid building permit is in effect for construction at that location and such materials are covered or screened or in some manner protected so as to prevent such materials from being blown, scattered about or otherwise moved; or 9. Store upon his property in such manner as to be visible to the general public or any member thereof goods, material, or substances not otherwise or specifically defined or definable as litter, trash, garbage, or junk, but which goods, materials, or substances are of a type, kind, quantity, or description not commonly associated with the zoning classification or permitted use of the property. B. The provisions of this section shall not apply to vegetable materials in any properly layered, actively working compost pile, pit, or trench. 8.06.050 Nuisances creating annoying conditions. The creation of dense smoke, noxious fumes or odors, gas, soot, or cinders in such quantities as to render the same objectionable to the public or harmful to people or property shall be deemed a nuisance; provided, however, this Section shall not apply to fireplaces, wood stoves, or barbeque facilities. 8.06.060 Interpretation; effect on other ordinances. Notwithstanding the provisions of any zoning or other ordinance, now or hereafter enacted, authorizing certain uses or location of property, it is the intention of the Board of Trustees and is hereby so declared that any use, location, or activity 5 otherwise authorized by zoning or other ordinances shall be subject to this Chapter prohibiting nuisances. Section 4. The introductory paragraph of Section 8.16.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in art; words to be added underlined): 8.16.020 Weeds — Removal required. It shall be unlawful and is hereby declared a nuisance for any person, corporation, or entity owning, occupying, or managing any lot, tract, or parcel of land within the Town: Section 5. Section 8.16.030 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 8.16.030 Weeds — Duty to remove. It shall be unlawful and is hereby declared a nuisance for any person, corporation, or entity owning, occupying, or managing any lot, tract, or parcel of land within the Town to fail to remove, immediately upon cutting, all weeds, grasses, brush, trees, limbs, shrubs, or plants, together with all such rubbish of all kinds from the Town or otherwise entirely destroy it in a legal fashion. Section 6. Sections 8.16.040, 8.16.050, 8.16.060, 8.16.070, 8.16.080, 8.16.090, 8.16.100, 8.16.110, and 8.16.120 of the Firestone Municipal Code are hereby repealed. Section 7. Title 8 of the Firestone Municipal Code concerning Health and Safety is hereby amended by the addition of a new Chapter 8.18 to read as follows: Chapter 8.18 Abatement of Nuisances 8.18.010 Purpose and procedure. A. The purpose of this Chapter is to provide for a procedure by which the Town can enforce the various health and safety concerns addressed in this Title 8, and to establish a policy authorizing the Town to take corrective enforcement measures should any landowner, tenant, or occupant of any property located within the Town fail to voluntarily comply with any provision of this Title 8. Abatement of any nuisance as set forth in this Chapter shall be optional at the sole discretion of the Town, and shall not prevent the Town from availing itself of any other enforcement or criminal action, including the issuance of a summons to appear in municipal court. B. In all cases where a nuisance shall be found in any building or upon any ground or other premises within the jurisdiction of the Town, notice shall be given in writing, signed by the Chief of Police or his designee, to the owner, occupant, or person in possession, charge, or control of such building, ground, or premises, or person creating such nuisance where such person is known and can be found, to remove such nuisance. Should any such nuisance not be corrected within the time period stated in the notice, which period shall be at least three (3) days, the Chief of Police may order the abatement of such nuisance. The Chief of Police may abate any nuisance by authorizing a private contractor to enter the properly and remove the condition or conditions, and may engage such other necessary assistance and incur necessary expenses to abate such nuisance. C. Any nuisance in or upon any street, avenue, alley, sidewalk, highway, or public grounds in the Town may be abated forthwith without any notice. 8.18.020 Recovery of expenses; lien and assessment policy. A. Upon the Town or contractor's abating the nuisance pursuant to Section 8.18.010, notice of assessment and of the right to a hearing as set forth in this Section shall be sent by first class mail from the Town Clerk to the property address and to the property owner at the address listed for the property owner in the county records. If either notice is returned, the property will be posted with the notice. For purposes of this section, property owner shall include renters, lessees, occupants, and persons in possession of the property. B. The amount of the assessment shall include, in addition to all contractors' charges, all direct Town costs including inspection costs, attorney fees, court costs, and all other associated costs. The property owner shall have forty-five (45) days from the date the notice of assessment is mailed, or if the notice is returned from the date the property is posted, to pay the assessment. All payments must be made directly to the Town Clerk. Failure to pay within the time allotted will cause the assessment to be recorded against the property, which assessment shall constitute a continuing lien against the property. C. A property owner may file a written objection to such assessment with the Town Clerk within thirty (30) days from the date the notice of assessment was mailed, or if the notice is returned within thirty (30) days from the date the property was posted. The objection must include a telephone number and address of the objecting party, and must state with specificity the basis for the objection. Failure to include all required information in the objection, including the address, shall constitute a waiver of the right to file an objection. 7 D. Upon receipt of a written objection meeting the requirements of subsection C, above, the Town Clerk or a hearing officer designated by the Board of Trustees shall set a date for a hearing, which hearing shall be held within thirty (30) days from receipt of the objection. Notice of the hearing date shall be mailed to the person making the objection. Failure of such person to attend the hearing at the date and time scheduled shall constitute a waiver of the right to a hearing and a determination of all issues regarding the assessment. E. The hearing held pursuant to this section shall be conducted in an informal manner, and shall not strictly follow the technical rules of evidence. The Town shall have the burden of establishing there was probable cause to determine a violation existed on the property prior to abatement, and that an abatement was conducted by the Town. The standard of proof at such hearing shall be by a preponderance of the evidence. A written decision shall be prepared at the conclusion of the hearing and mailed to the property owner, which decision shall be deemed effective upon execution of the written decision. F. A property owner who requests a hearing pursuant to this section shall be charged an additional administrative cost of $25.00 should the Town Clerk or hearing officer find in favor of the Town. 8.18.030 Emergencies. Where, in the opinion of the Mayor or Chief of Police, a nuisance constitutes an immediate and serious danger to the public health, safety, or welfare, the Town shall have the authority to summarily abate the nuisance without notice of any kind. 8.18.040 Authority to enter on property. The Chief of Police or other designated agent of the Town may, where reasonable cause exists, with or without a warrant issued by a court of competent jurisdiction, including the municipal court, enter upon any land to examine the same to ascertain whether any nuisance exists or to abate such nuisance in the manner provided in this Chapter, and shall be free from any action or liability on account thereof. Such authority does not allow entry into any building or structure without consent, a court order, or under other circumstances as restricted by law. Section 8. 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. 8 Section 9. 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 10. 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 11. 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 thiL26 ' day of , 2005. TOWN OF FIRESTONE, COLORADO OO N � �c`�; �to�yN ��NI °`�4, �v coup Attest: Fl _ � •► ,,. / own Cerk 1 05/24/2005 3:40 PM [kkh] F:\Company\Firestone\Ordinance\Nuisence and Ahate.doc 6 Michael P. Simone Mayor ORDINANCE NO.584 AN ORDINANCE AMENDING CHAPTER 12.16 AND SECTION 9.12.100 OF THE FIRESTONE MUNICIPAL CODE TO ESTABLISH A PERMIT SYSTEM FOR TEMPORARY STREET CLOSURES WHEREAS, pursuant to C.R.S. § 31-15-702, the Town may regulate the use of and prevent and remove encroachments or obstructions upon the streets of the Town; and WHEREAS, the Board of Trustees desires to provide for issuance of permits for the temporary closure of streets. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 12.16 of the Firestone Municipal Code is hereby amended by the addition of a new Section 12.16.080 to read as follows: 12.16.080 Temporary street closures. It is unlawful for any person or entity to close, obstruct, barricade or otherwise restrict access to or encroach upon any street of the town without first obtaining a permit therefor. The town administrator is hereby authorized to issue permits for the temporary closure of streets of the town for block parties or similar special events. The town administrator is hereby further authorized to prescribe forms and promulgate rules and regulations regarding issuance of such permits including, but not limited to, the area, location and duration of the street closure, access, permit fees, requirements for consent from affected owners, rules regarding amplified sound, and any other restrictions or conditions necessary to ensure the safety and welfare of people and property. This section shall not apply to an officer, employee or authorized agent of the Town acting in the course of employment or scope of authority. Section 2. Section 9.12.100 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in sett; words to be added underlined): 9.12.100 Obstructing public streets, places or buildings. D. For the purpose of this section, "legal privilege" includes, without limitation, awaiting public transportation in areas designated therefor and acting in accordance with a license or permit issued wed -by the town^ authorizing a temporary street closure or construction or other work in, over, on or under, the public way or place. 1 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 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 4. The repeal or modification of any provision of any prior ordinance 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 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. INTRODUCED, READ, ADOPTED, APPROVED, AND O" PUBLISHED IN FULL this 9th day of June, 2005. ATTEST: P:, - M- � 40 6011 X'101 616/2005 8:29 AM (a) YiFirestomV)rdinumVtrodclosir.ord,doc Michael P. Simone Mayor A) TOWN OF FIRESTONE TEMPORARY STREET CLOSURE APPLICATION EVENT DESCRIPTION DATE OF EVENT DAY OF WEEK STREET PROPOSED TO BE CLOSED (INDICATE WHICH BLOCKS) PROPOSED CLOSURE TIME (INCLUDING SET-UP & BREAKDOWN): AM/PM, TO AM/PM PROPOSED EVENT START TIME APPLICANT HOME ADDRESS PROPOSED FINISH TIME HOME PHONE FIRESTONE, CO ZIP BUSINESS ADDRESS BUSINESS PHONE ESTIMATED NUMBER OF PARTICIPANTS AT THE EVENT Applications must be submitted at least ten (10) business days prior to any proposed street closure. A $25.00 non- refundable application fee must be submitted with this,application along with a map showing the area in which the proposed street closure would occur. Barricades must be moveable structures, and their proposed location must be shown on the map. The Town has no liability for bodily injury or property damage arising from this event. Any liability arising from applicant's conduct of the event shall be the sole responsibility of the applicant. Applicant hereby agrees to indemnify and hold harmless the Town of Firestone, its officers, employees and agents against any suit, action, claim or liability arising from or related to the above -described event. The Town may require proof of liability insurance which lists the Town as an additional insured as a condition of approval of any street closure permit. The Town's insurance does not cover the applicant. The applicant agrees to comply with all of the terms, conditions and stipulations of this permit, all ordinances of the Town and other applicable laws, rules and regulations. No permit is valid without the signature of the town administrator. Applicant understands that failure to comply will result in immediate revocation of this permit and that this permit relates only to the temporary street closure necessary for the event. Adequate crowd control including ingress and egress control, noise control, restroom facilities, space for anticipated number of participants, parking and clean-up are all the responsibility of the applicant. Should the applicant fail to adequately provide for any of the above and the Town incurs costs for the provision of same, applicant hereby agrees to reimburse the Town for any and all such costs. APPLICANT SIGNATURE DATE APPROVAL — RETAIN THIS PERMIT FOR INSPECTION SPECIAL TERMS/CONDITIONS/STIPULATIONS: This application is approved,, subject to all terms, conditions, and stipulations stated above. Upon approval, the applicant shall notify all emergency services of the scheduled closure by providing copies of this approved permit to each entity. TOWN ADMINISTRATOR DATE TEMPORARY BLOCK CLOSURE, PETITION CONSENT FROM ALL RESIDENTS ABUTTING THE STREET CLOSURE IS REQUIRED. We the undersigned, residents abutting agree or disagree to closing the street(s) between the hours of on The purpose of the closure is Print Name Agree/Disagree Address Phone / 1 1 1 1 1 / / 1 51612005 8:48 AM[edl] Y.TirestonelBlock Closure Pennit.doc MATERIAL NEEDED FOR STREET CLOSURE 1. Non-refundable fee of $5o.00 2. Type of Activity g. Traffic Control Plan for Neighborhood Traffic 4. Dates and Hours of the proposed activity 5. Method of Road Closure 6. Contact Information for person proposed to perform the street closure (located on application) 7. Map showing the portion of the right -of way to be obstructed and the exact location of barricades or other traffic control devices S. Emergency vehicle control Plan 9. Comments from the Police Department Comments from the Fire Department (may be attached to or written by the correct official on the application) lo. Petition signed by Residents Abutting the Street Closure n. Any Sponsor Information Available ORDINANCE NO. 585 AN ORDINANCE AMENDING CHAPTER 6.24 OF THE FIRESTONE MUNICIPAL CODE TO REQUIRE PROPERTY OWNERS TO CONTROL NUISANCE RODENTS ON THEIR PROPERTY. WHEREAS, pursuant to C.R.S. § 31-15-401, the Town may declare what is a nuisance; and WHEREAS, the Board of Trustees desires to require property owners to control rodent pests upon their property which constitute a nuisance within the town; and NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 6.24 of the Firestone Municipal Code is hereby amended by the addition of a new Section 6.24.090 to read as follows: 6.24.090 Rodent control. A. No person owning property within the Town, whether vacant or improved, shall fail to prevent rodent pests residing upon that property from relocating to, infesting or otherwise damaging the property of another, including public property. It shall be the responsibility of the owner of property within the Town to provide for the extermination of any and all such rodent pests in conformance with the provisions of this code and the laws and regulations of the State of Colorado. B. Any violation of subsection A. shall be subject to the general penalty provisions set forth in Section 1.16.010 of this code. In addition, the condition of rodent pests relocating to, infesting or otherwise damaging the property of another, including public property, is declared a nuisance and shall be subject to abatement pursuant to Chapter 8.18 of this code. C. For purposes of this section "rodent pests" includes prairie dogs, ground squirrels, pocket gophers, jackrabbits, rats, amend°other rodents. Section 2. 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 4. The repeal or modification of any provision of any prior ordinance 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 j udgmcr t, 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. INTRODUCED, READ, ADOPTED, APPROVED, AND O D PUBLISHED IN FULL this 30th day of June, 2005. ATTEST: } y ET-96d own Clerk 7/1/2005 7:01 AM[edl] Vfiirmaftl0rd4wft\mden=aro1.ord Michael P. Simone Mayor ,�"ESTON� '0.TOWN SEAL G . � i4ilII144ill4lllIII4II4i4144ii1444ii4i441i44ii4 - 330349130347 07/15/2005 O i :38P Weld County, CO 497 1 of 3 R 16.00 o o.0o Steve Moreno Clerk & Recorder l ORDINANCE NO.586 AN ORDINANCE APPROVING THE VACATION OF A WATER EASEMENT DEDICATED ON THE ORIGINAL PLAT OF MOUNTAIN VIEW RETAIL CENTER WITHIN THE TOWN OF FIRESTONE. WHEREAS, by the subdivision plat of Mountain View Retail Center Filing No. 1, recorded on October 10, 2004, under Reception No. 3226147, Weld County Records, there was dedicated to the Town of Firestone a "20' Town of Firestone Exclusive Water Easement," which easement is further described in Exhibit A attached hereto (the "Water Easement'); and WHEREAS, the owner of the subdivision property has recorded the Mountain View Retail Center, First Replat to, among other things, replace the Water Easement with an easement in a new location; and WHEREAS, proper application has been made to the Town for vacation of the Water Easement as dedicated on the subdivision plat for Mountain View Retail Center Filing No. 1; and WHEREAS, the Board of Trustees has determined that the Water 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 Water 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 the Water 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 "20' Town of Firestone Exclusive Water Easement" dedicated by the subdivision plat of Mountain View Retail Center Filing No. 1, which Water Easement hereby vacated is legally described on Exhibit A attached hereto and incorporated herein by reference (the "Water Easement"). Nothing herein shall affect the dedications made on the plat of Mountain View Retail Center, First Replat. Section.2. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Water Easement 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 3303497 07/15/2005 01:38P WeldIII 2 of 3 R 16.00 D 0.00 Steve MorenouClerk & Recorder INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 30th day of June, 2005. 1.. TOWN OF FIRESTONE, COLORADO s0NF ro SEAL Michael P. Simone gyp' .PpO Mayor TY Attest: kIegw d Town Clerk 2 3303497 07/1512005 01:38P Weld County, CO 3 of 3 R 16.00 a 0.00 Steve Moreno Clerk & Recorder EXHIBIT A LEGAL DESCRIPTION OF VACATED EASEMENT A WATER EASEMENT, 20 FEET WIDE, BEING A PART OF LOTS 1 THROUGH 3, MOUNTAIN VIEW RETAIL CENTER, SITUATED IN THE NE '/, OF SECTION 12, T.2N., R.68W., OF THE 6TH P.M., TOWN OF FIRESTONE, WELD COUNTY, COLORADO, BEING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 3; THENCE N89046'48"E ALONG THE NORTHERLY LINE OF SAID LOT 3 AND THE SOUTHERLY R.O.W. LINE OF FIRESTONE BOULEVARD A DISTANCE OF 21.78 FEET TO THE POINT OF BEGINNING; THENCE S00013' 12"E A DISTANCE OF 48.00 FEET; THENCE N89°46'47"E A DISTANCE OF 159.78 FEET TO THE COMMON LINE OF SAID LOTS 3 AND 2; THENCE CONTINUING N89046'47"E A DISTANCE OF 146.83 FEET TO THE COMMON LINE OF SAID LOTS 2 AND 1; THENCE CONTINUING N89046'47"E A DISTANCE OF 66.50 FEET TO A POINT DESIGNATED AS POINT "A"; THENCE CONTINUING N89°46'47"E A DISTANCE OF 177.50 FEET TO A POINT DESIGNATED AS POINT `B' ; THENCE S00°13' 13"E A DISTANCE OF 161.00 FEET TO A POINT DESIGNATED AS POINT "C"; THENCE CONTINUING S00° 13' 13 "E A DISTANCE OF 10.00 FEET TO THE POINT OF TERMINUS. AND BEGINNING AT POINT "A"; THENCE S00°13'13"E A DISTANCE OF 33.00 FEET TO THE POINT OF TERMINTS. AND BEGINNING AT POINT "B' ; THENCE N0093' 13"W A DISTANCE OF 49.80 FEET TO THE NORTHERLY LINE OF SAID LOT 1, SAID POINT BEING THE POINT OF TERMINUS. I_ a f7 BEGINNING AT POINT "C"; THENCE S89°46'47"W A DISTANCE OF 22.50 FEET TO THE POINT OF TERMINUS. PARCEL CONTAINS (16,898 SQUARE FEET) 0.3879 ACRES. PREPARED BY: CHARLES N. BECKSTROM, PLS NO.33202 FOR AND ON BEHALF OF ENGINEERING SERVICE COMPANY 1300 SOUTH POTOMAC STREET, SUITE 126 AURORA, COLORADO 80012 PHONE: (303) 337-1393 3 .. •- �' � .. �% � y > ORDINANCE NO. 7 AN ORDINANCE AMENDING CHAPTER 17.31 OF THE FIRESTONE MUNICIPAL CODE REGARDING TEMPORARY SIGNS WHEREAS, the Board of Trustees has previously adopted a sign code for the Town, the provisions of which are codified in Chapters 17.30 and 17.31 ofthe Firestone Municipal Code and in related provisions of the Firestone Development Regulations; and WHIEREAS, the Board of Trustees desires' to amend certain sections of the sign code regarding the placement of temporary signs within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Chapter 17.31 of the Firestone Municipal Code is hereby amended by the addition of a new Section 17.31.030.P to read as follows (words to be deleted shown in strikeout; words to be added underlined): 17.31.030 Signs allowed without a permit. P. Garage, Yard, and Estate Sale Signs. Signs directing the public to a garage, yard, or estate sale shall be allowed as follows: 1__ Any_ number of garage, yard -or estate sale signs may be located on private property, provided the signs do not create a hazard for automobiles or pedestrian -traffic, or otherwise create apublic nuisance, 2. No such sign shall be posted on public property or be placed in a public right-of-way unless a permit for placement of such sign within the public right-of-way has been issued pursuant to Section 17.30.070; 3._ No such sign shall be attached to any utility pole, box or other public facility; and 4. Such signs shall not be posted more than forty, -eight (48) hours prior to the first day of the sale, shall be removed by 7:00 p.m. on the last day of the sale, and shall not be posted for more than three (3) continuous days. Section 2. Chapter 17.31 of the Firestone Municipal Code is hereby amended by the deletion of Section 17.31.030.M, with subsequent sections to be renumbered accordingly. Section 3. Chapter 17.31 of the Firestone Municipal Code is hereby amended by the addition of anew Section 17.31.080.17to read as follows (words to be deleted shown in s eeut; words to be added underlined): 17.31.080 Temporary Signs. F. Temporary Signs on Commercial Buildings. Temporary signs, including but not limited to banners promoting special events, shall be permitted on Commercial Buildings in accordance with ChWter_17.30 and this Section. 1. General Requirements: a. One temporary sign per business may be posted on the buildingfrontage; b. Each sign shall be mounted on the front elevation of the building in which the business or or anization to which the si n refers is located; C. Each sign shall have a maximum area of one hundred (100) square feet; and d. No tempor sign shall be displayed for more than four (4) consecutive days or more than a total of eight (8) days per quarter. 2. Grand Openings. In addition to the temporary sign permitted above the following will be permitted for a period of time not to exceed fourteen (14) days from the first day of business: a. _ _ Two temporary sign per business indicating the premises are now open for business may be posted on any elevation of the building; and b. Stationary balloons and other stationary promotional inflatables. 3. Prohibited Sims. No sin listed as a prohibited sin in Section 17.31.100 shall be permitted, even on a temporary basis. 4. Permits. Each permit issued for a temporary sign pursuant to this section and Chapter 17.30 shall include the dates upon which the sin shall be erected and removed. 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. ►a 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 1W41 day of 2005. � - �1 W e �1 11 5/1812005 10:14 AM [edl] Y:IFirestonelOrdinance\SignCedeAmendBanners.dce 3 TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor ORDINANCE NO. 5 8 9 AN ORDINANCE AMENDING CHAPTER t7.16 OF THE FIRESTONE MUNICIPAL CODE REGARDING EAVES. BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 17.16.070.H.3 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in seeet; words to be added underlined): 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: 3. Eighty percent of all eves eaves shall protrude from the exterior wall (not including the width of any gutter) no less than eighteen sixteen 16 inches. This minimum overhang shall apply to all roofs, irrespective of pitch. 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 r3 irestone 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 enforcerr_ent 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 _Lit day of tL, 2005. TOWN OF FIRESTONE, COLORADO Michael P. Simone Mayor �H�eqod Town Clerk 06/15/2005 12:11 PM kkld] F;`Company\FirenonelDrdirmce\FAve Width Amend -doe ORDINANCE NO. SW AN ORDINANCE AMENDING CHAPTER 15.52 OF THE FIRESTONE MUNICIPAL CODE REGARDING FLOODPLAIN REGULATIONS APPLICABLE TO MANUFACTURED AND MOBILE HOMES. WHEREAS, pursuant to C.R.S. § 31-23-301 et seq., the Town may regulate the use of property wiihin areas of flooding to preserve the public property, health, welfare, peace and safety of the citizens of the Town; and WHEREAS, the Board of Trustees desires to revise the floodplain regulations of the Town. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 15.52.020 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stikeout; words to be added underlined): 15.52.020 Definitions. 14. "Manufactured home" means a stmeture, tmnspeftable in one of mor-e rotes; single family dwelling which: similar- vehieles plaeed on a site for- greater than one hundred eighty eoRseet4iv A. Is partially or entirely manufactured in a factory; B. Is not less than twenty-four feet in width and thirty-six feet in length C. Is installed on an engineeredpermanent foundation; D. Has brick, wood or cosmetically equivalent exterior siding and a pitched roof, and E. Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. 5401 et seq., as amended, and such certification is confirmed prior to the issuance of a building hermit. Section 2. Section 15.52.020 of the Firestone Municipal Code is hereby amended by the addition of the following new definition (subsequent definitions to be renumbered accordingly): 16. "Mobile home" means a structure, transportable in one section, which is eight body feet or more in width and is thirty-two body feet or more in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation, when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein, and bears the insignia of approval of the Division of Housing of Colorado and has not been altered since receiving such approval. Section 3. ' Section 15.52.110 Subsection C., of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in str-ikeeut; words to be added underlined): 15.52.110 Flood hazard reduction — specific standards. C. Manufactured and Mobile Homes. 1. MamAwftffedNo mobile home shall be placed in a floodway, except in an existing mobile home park or an existing mobile home subdivision. A mobile homes placed within a floodway shall be anchored in accordance with Section 15.52.100(A)(2)(a through d). 2. All manufactured homes or those to be substantially improved shall be elevated on a permanent concrete foundation such that the lowest floor of the manufactured home is at least eighteen inches above the base flood elevation and is securely anchored to an adequately anchored foundation system. 3. Except as provided in this subsection C., all dwellings shall be constructed on a permanent concrete foundation which foundation shall have the following minimum characteristics: a. It shall be constructed to be below estimated frost depth. b. The foundation shall be located directly below not less than ninety percent of the outside perimeter of the first floor building wall. C. The foundation shall be at a minimum eight inches in thickness. 34. All mobile homes, manufactured homes and other dwelling structures located within the flood plain shall have flood vents and such other flood hazard reduction components as are required by applicable FEMA rey,ulations. No , bile home shall b l eed in ,, fleedway, exeept in .,n exis6ag fnebile home park er- an existing mobile heme subdivision. Section 4. 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 5. The repeal or modification of any provision of any prior ordinance 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 judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. N 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. 1NTROPUCED, READ, ADOPTED, APPROVED, AND PUBLISHED IN FULL this day of , 2005. ATTEST: HeoFoo F �•j 71292005 10:17 AM[sl] Y:1FirestanelOrdhmncelfloodphirLard.doc Michael P. Simone Mayor 3 ORDINANCE NO. ,QO AN ORDINANCE APPROVING A PUBLIC IMPROVEMENTS REIMBURSEMENT AGREEMENT WITH AMERICAN FURNITURE WAREHOUSE CO. WHEREAS, an application for Preliminary Subdivision Plat, a Final Subdivision Plat, a Preliminary Development Plan and a Final Development Plan has been filed with the Town by American Furniture Warehouse Co., ("Developer"), for the development of a retail furniture store at the southeast corner of the intersection of Interstate 25 and Firestone Boulevard, in the Town of Firestone, (the "Property"); and WHEREAS, the Developer either alone or by its successors intends to further locate and develop upon the Property a number of development sites for other retail businesses; and WHEREAS, as a condition of approval of any development within the Town, the Town requires the extension of water, sewer and other public improvements to the property to adequately serve the development; and WHEREAS, the Town owns land in the Godding Hollow drainage in close proximity to the Property and to some of the proposed extensions of such utility lines and Public Improvements to be constructed; and WHEREAS, the Developer, intends to make certain .public improvements to serve the Property which shall include, but are not limited to, the construction of public road, drainage, utility, water, sanitary sewer, traffic control, storm sewer and landscaping improvements; the grading and stabilization of soils and water tables; the raising or lowering the elevation of property to improve access and mitigate flooding conditions; the acquisition and conveyance to the Town of certain water rights, and the construction and' installation of improvements within the Godding Hollow drainage (the "Public Improvements"), with certain of those Public Improvements ultimately to be owned and operated by the Town or benefiting the Town's Godding Hollow property; and WHEREAS, because of the location of the Property with respect to existing utility services, the condition of existing streets providing access to the Property and other factors, the Public Improvements will include significant extensions of utility lines, street and drainage improvements and other improvements benefiting the public; and WHEREAS, the Public Improvements will provide substantial benefit to the future development of other property within the Town and the Town as a whole; and WHEREAS, the Town presently does not have funds to construct any portion of the necessary Public Improvements; and WHEREAS, the Town and Developer have negotiated a proposed Public Improvements Reimbursement Agreement ("Agreement"), a copy of which is attached hereto as Exhibit A and incorporated by this reference, which provides for reimbursement to the Developer for a portion of the costs of constructing the Public Improvements; and WHEREAS, the Board of Trustees has determined that the development of the Property, the construction of the Public Improvements and the reimbursements by the Town to the Developer contemplated by the proposed Agreement are in the best interests of the Town. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 4. The proposed Public Improvements Reimbursement Agreement ("Agreement"), between the Town of Firestone and American Furniture Warehouse Co., a copy of which is attached hereto as E:ihibit A and incorporated by this reference, is hereby approved. Section 2. The Mayor and Town Clerk are hereby authorized to execute the Agreement on behalf of the Town, except that the Mayor is hereby granted the authority to negotiate and approve such revisions to said 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 Agreement are not altered. Section 3. The l4ayor, Town Administrator and Town Staff are further authorized to do all things necessary on behalf of the Town to perform the obligations of the Town under the Agreement, and to execute and deliver any and all documents necessary to give effect to the Agreement and the terms and conditions thereof. Section 4. 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 o- parts be declared unconstitutional or invalid. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of u - uSr 72005. ATTEST: Hegw Town Clerk C-), A-�- Michael P_ Simone Mayor EV- y ��,•," • -TQV{N SEAL 2 SI] 0052:47PM[eQY..F=mrel)T&mce}AFWPobImpRffinlm—MItAW-dd- ORDINANCE NO.591 AN EMERGENCY ORDINANCE SUSPENDING CERTAIN HOUSING OCCUPANCY LIMITATIONS FOR A PERIOD NOT TO . EXCEED SIX MONTHS, TO ALLOW FOR HOSTING OF HURRICANE EVACUEES. WHEREAS, pursuant to state law, including but not limited to C.R.S. §31-23-301 et sec ., the Town is authorized and does regulate the density of population and location and use of buildings, structures and land for residential purposes; and WHEREAS, Title 17 of the Town of Firestone Municipal Code limits the number of persons that may live in a single housekeeping unit within a dwelling unit to a group of five where not related by blood or marriage; and WHEREAS, on August 29, 2005, Hurricane Katrina and its resulting flooding devastated the Gulf Coast states of Louisiana, Mississippi, and Alabama causing massive destruction and evacuation of residents; and WHEREAS, residents of the Town desire to host evacuees from the Gulf Coast on a temporary basis; and WHEREAS, the Board of Trustees desires to suspend certain housing occupancy limitations in the Town for a period not to exceed six months for the limited purpose of allowing residents of the Town the ability to host hurricane evacuees. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Upon the effective date of this ordinance, and until March 31, 2006, the limitation in Firestone Municipal Code Section 17.08.160 on the number of persons unrelated by blood or marriage that may reside within one dwelling unit shall be suspended so as to allow Gulf Coast evacuees to reside with a host family or resident of the Town of Firestone. Section 2. Prior to the commencing the hosting of one or more evacuees as permitted pursuant to this ordinance, the host resident shall provide the Town Administrator the following information in writing: the address where persons will be hosted, the number of permanent residents at such location, the number of evacuees to be hosted as temporary residents, and the expected duration of the hosting activity, which shall not exceed six months. Section 3. Nothing in this ordinance shall affect the applicability of all other laws and regulations of the Town, including but not limited to regulations regarding the size of and accesses} required for sleeping rooms, and all other building, housing and safety code regulations adopted and enforced by the Town of Firestone as part of the International Residential Code as adopted in Ordinance No. 547, the Uniform Housing Code as adopted in Ordinance No. 568, and the International Fire Code as adopted in Ordinance No. 568. Section 4. The provisions of this ordinance are temporary in nature and may be repealed by a subsequent legislative enactment. The temporary suspension established by this ordinance shall terminate March 31, 2006 unless sooner repealed. 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. The Board of Trustees herewith finds, determines and declares that this ordinance is necessary for the immediate preservation of the public health, safety and welfare in order to timely effectuate the temporary suspension set forth herein and that this ordinance shall take effect September 23, 2005, provided the same has been adopted and signed by the Mayor and approved by two-thirds of the entire Board of Trustees. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 22nd day of September, 2005. TOWN OF FIRESTONE, COLORADO j," � z �4 Deinnis Bertron, Mayor Pro -tern ATTEST: ESTONF ?P y Heg d, To�Crk, MMC TOWN 912W2005 3:23 PM [e&j Y:\Fir=nne\Ordinance\Housngrestrictionwspenson.oW.doc SEAL 2 ORDINANCE NO.592 AN ORDINANCE AMENDING SECTION 13.08.040 OF THE FIRESTONE MUNICIPAL CODE TO PROVIDE FOR COLLECTION OF UNPAID WATER AND CONNECTION CHARGES WHEREAS, pursuant to C.R.S. § 31-20-105, the Town may cause any or all delinquent charges, assessments, or taxes made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes; and WHEREAS, the Board of Trustees finds that the failure to pay for water service is a burden on the Town and its citizens and certification of unpaid charges may allow the Town to collect those charges; and WHEREAS, the Board of Trustees wishes to amend Section 13.08.040 of the Firestone Municipal Code to provide for this method of collection. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 13.08.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in str-ikeeut; words to be added underlined): 13.08.040 Collection procedures --Late fee. A. Water charges shall be due no later than the close of business on the twentieth day of the month in which the water billing is mailed to the customer. If the twentieth day of the month falls on Saturday, the charges shall be due on the preceding Friday; if the twentieth day of the month falls on Sunday, the charges shall be due on the following Monday. If the charges remain unpaid at the close of the business day on the last business day of the month, the account shall be deemed delinquent and inte, est shall be assessed at the rate of one and one-half percent per month. B. A shut-off notice shall be given to each water customer who is delinquent and water service shall be terminated for the water customer receiving such shut-off notice after ten days from the date of notice unless: 1. The delinquent bill, including interest, is paid prior to the expiration of ten days; or 2. The customer has appeared before the town clerk and shown good cause why the charges are not due within the ten-day time period. C. All water service and connection charges shall be charged against the owner of the property served, shall be a lien upon the -respective lots or parcels of land where the water is used from the time when due, and shall be a perpetual charge against the lots or parcels until 12aid. In the event said charges shall not be paid when due for property within the Town limits, the Town Clerk shall certify such delinquent charges to the Cogpty Treasurer and the charges shall be collected in the same manner as though they were part of the taxes. Section 2. 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 3. The repeal or modification of any provision of any prior ordinance 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 j udgment, 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 22nd day of September, 2005. ATTEST: u Hegw , ToO rk. MMC 9/1912005 11;38 AM [twbl] Y:IFrestonelOrdinarre\WaterFeeCuHmlion.ord.dce 2 Dennis Bertron, Mayor Pro -tern STpN� TOWN SEAT. •" o chasm ' I lillll lllf f lull lull Illll loll llllfll 111 loll llll llll . 3344647 12/05/2005 02.22P Weld County, CO r \,8� _1 0 3 R 16.00 D 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. ,5-9 3 AN ORDINANCE APPROVING THE VACATION OF THE TOWN'S INTEREST IN AN EASEMENT WITHIN THE OWL LAKE ESTATES SUBDIVISION . WHEREAS, by the plat of Owl Lake Estates Subdivision to the- Town of Firestone, recorded on November 7, 1996 under Reception No. 2519580, Weld County Records ("Owl Lakes Plat"), there was dedicated an easement for the use of the following: drainage, existing gas and oil companies facilities and lines, irrigation, landscaping, and utilities; and WHEREAS, by the plat of Owl Lake Estates 2"d Subdivision to the Town of Firestone, recorded on July 29, 1998 under Reception No. 2629145, Weld County Records ("Owl Lakes 2"d Plat"), there was also dedicated an easement, for the use of the following: drainage, existing gas and oil companies facilities and lines, irrigation, landscaping, and utilities; and WHEREAS, both the Owl Lakes Plat and the Owl Lakes 2' Plat dedicate such easement over certain portions of lands now legally described as Lots 6, 7 and 8, Owl Lake Estates 2"d Subdivision, as depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Subject Easement"); and . WHEREAS, the Town desires to vacate its interest in the Subject Easement; and WHEREAS, the Board of Trustees has determined that the Town's interests in the Subject Easement 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 .Town' interests in the Subject Easement 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 interests in the Subject Easement as provided in Sections 1 and 2 of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD. OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section1. Subject to the provisions of Sections 2 and 3 hereof, the Board of Trustees of the Town. of Firestone hereby vacates all of the Town's interest in and to that certain easement over Lots 6, 7 and 8, Owl Lake Estates 2"d Subdivision, as depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Subject Easement"), which Subject Easement was dedicated by the Owl Lakes Plat and the Owl Lakes 2"d Plat for the use of the following: drainage, existing gas and oil companies facilities and lines, irrigation, landscaping, and utilities. '���� liil 111 iilli llil llll �� Illlllllllliillll Iliillllll lii ! ; - I liil :22P Weld County, CO J'o�f3 Q5I2005 02 i6.00 D 0.00 Steve Moreno Clerk & Recorder Sectina2. The Town hereby reserves and does not vacate the southernmost 26 feet of the Subject Easement lying within Lot. 6, Owl Lake Estates. 2nd Subdivision to the Town of Firestone, and reserves an easement in the same for drainage and Town utilities. The Town hereby further reserves and does not vacate the northernmost 16 feet of the Subject Easement lying -within Lot 7, Owl Lake Estates 2°d Subdivision to the Town of Firestone, and reserves an easement in the same for drainage and Town utilities. The reserved portions of the Subject Easement are further depicted on Exhibit A. �. Easements for existing public - utilities, if any, shall not be altered or amended by virtue of this ordinance. Seciinn 4, The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation affected by this Ordinance. Section S. 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 OPTED, APPROVED, AND ORDERED PUBLISHED_ IN � FULL this,, day of d r 2005. TOWN OF FIRES , COLORADO TOWN SEAL M chael P. Simone !''• 'pia Mayor. Attest: ���UNTY.��� y He od own Clerk 2 i � l L O C� cr- U3 a � w CL � cm C C �04 o cm CD ~N'6 t- �m O OWL LAKE ESTATES 2ND SUBDIVISION TO THE TOWN OF FIRESTONE, BEING A RESUBDIVISION OF TRACTS B, C. & D OF OWL LAKE ESTATES SUBDIVISION TO THE TOWN OF FIRESTONE, BEING PORTION OF THE S i OF THE SE i OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., F WELD COUNTY, COLORADO V., ! + + vvg 0 LOT 6 1 �1 70,853 SQ.FT. ' 1� 1A ACRES LOT 5 6 SQ' 4.396 r 1 4.396 ACRESS 26' EASE ENT 1 —1 16' EASE ENT / j EASEMENT AREA TO 16 EASEMEN C�/] BE VACATED 1� EASEMENT AREA NOT TO BE VACATED LOT 7 57,552 SO.1 1.321 ACRES ' `� ����• ' LOT 4 115475 SQ2 651 ACRES ,.FT. 1 1 1 LOT 8 $6,335 SQ.FT. � 1.982 A RES ® =EASEMENT FOR THE USE OF THE FOLLOWING: DRAINAGE, EXISTING GAS AND OIL COMPANIES FACILITIES AND LINES, IRRIGATION, LANDSCAPING, AND UTILITIES. ' l 1 LOT 9 ' S1.2075ACRES 1 100 0 50 100 200 ® y In m no m } ' ORIGINAL SCALE: 1"=100' FRISEE FINAL PLAT OWL LAKES SUBDIVISION, 1 WELD COUNTY RECEPTION No. 2519580 I r DATED NOVEMBER 7, 1996 AND FINAL II PLAT OWL LAKES ESTATES 2ND 1 SUBDIVISION, WELD COUNTY RECEPTION LOT 10 TST, No. 2629145 DATED DULY 29, 1998. *mFAq P~ 64,425 SQ.FT. EXH8T A _ 1.479 ACRES Town o$ Firestone P.O. Box 100 151 Grant Avenue .Firestone, CO 80520 f • 4 t { Y 4 � . � �' I IIIIII IlII� IIIII IIIII II�II III�I Illli�l III III�I IIII III 3344648 12/05/2005 02:22P Weld County, CO 1 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. S 1 AN ORDINANCE APPROVING THE VACATION OF THE TOWN'S INTEREST IN. AN EASEMENT WITHIN BOOTH FARMS SECOND FILING SUBDIVISION WHEREAS, by the plat of Booth Farms Second Filing subdivision, recorded on December 17, 2001 under Reception No. 2909675, Weld County Records (the "Plat"), there was dedicated an "irrigation pipeline/utility easement" of varying width, which easement is legally described and depicted on Exhibit 'A, attached hereto and incorporated herein by reference (the "Subject Easement"); and WHEREAS, the Town desires to vacate its interest in the Subject Easement; and WHEREAS, the Board of Trustees has determined that the Town's interests in the Subject Easement to be vacated by this Ordinance are not used by or necessary to the Town; and WHEREAS, the Board of Trustees has determined that the Town's interests in the Subject Easement 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 interests in the Subject Easement as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subject to the provisions of Sections 2 and 3 hereof, the Board of Trustees of the Town of Firestone hereby vacates all of the Town's interests in and to that certain `IRRIGATION PIPELINE/UTILITY EASEMENT". within Booth Farms Second Filing subdivision as legally described and depicted on Exhibit A, attached hereto and incorporated herein by reference (the "Subject Easement"). Section 2. Easements are hereby reserved for the operation, maintenance, repair and replacement of existing Town utilities, if any, located within the area of the Subject Easement. Further, easements for existing public utilities, if any, shall not be altered or amended by virtue, of this ordinance. Sorrinn T Nothing herein is intended to or shall be construct to affect the 'rights or interests of any party other than the Town of Firestone in or to the Subject Easement or the area of the Subject Easement. 0 . illillllilllillllllllillillilt '� - 1 llilll lllii lllll lllli lli 3344648 12/05/2005 02:22P Weld County, CO 2 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder ' Section 4. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation affected by this Ordinance. ' S�h'nn 5: 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. INTRO UCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of 2005. . STOAF ToWN S�� Attest: l���ONTv cap° Ka '�yHeg400d Town Clerk 10/2V2005 4:02 PM[edl] Y:1Fuetitone\Ordim=kVarate.BwffarmsEaument,ord.Coc c 2 TOWN OF FI NE OLORADO Michael P. Simone Mayor 1 I I��III IIII� IIl�� IIIII II��I I�III IIIIIII �I� I'III IIII III 3344648 12/0512005 02:22P Weld County, CO 3 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder ''EXHIBIT A {Insert description/map of vacated easement} 6 Y S s 3 �IR1a 24' RiDE IRRIGATION PIP EIJNE/UTIUTY EASEMENT 1 fv P; I� Sf I -_ __ t I _I J� 1• r i{'. I 1 i II .��I _ IA17 II I- j �'. .r. - �15' WIDE IRRIGATION IPEUPNE/UTRITY EASEMENT - --- ._ .__ IR 15 ,-1 IR14 -' - IR13 R,si �. rt�o _ I 4 2 I e r B 7 6 O O � U c i � w N CO3 � N rOO� � moo to o ; T -tVM� r �co11 RD � Nr co co mr as • 50 100 2010i O- a• SEE FINAL PLAT BOOTH FARMS, SECOND FILING WELD COUNTY RECEPTION No. 2909675 DATED 12-17-2001 EXHIBIT A SH 1 Tin, Im d.." 04— , it �fi ' ; '... , ,� _ I • .i _ . _ - 34. CIV r34.00' .I- � .....�.�� �� .T. T.. _ . �Jfr.....�..� _ ...F�_.•.... r.�.L�...� _ _ t.. —,... ,.,,�. _ 15' WIDE IRRIGATION" PiPU?NEAIU 1ITY EASEMENT - - - IR12 - IR1 ( ! I1":- i r I I • • hi sir'' /_. ` :i' "���C[1 &— W'l2' I IR21 J C=N 7599'Do* W 1RZ.! 20—MIX IRRrokDCN 5 R22 2D' MDE IRRIGATION �`� -'�� [RB PIPELINEAMITY / \ ` PIFELINEATILITY EASEMENT _ \ EASEMENT 2 Y, m 4 - - 100 0 50 100 200 .. ` SEE FINAL PLAT BOOTH FARMS, SECOND FILING WILD COUNTY RECEPTION N0. L909675 DATED 12-17-2401 ORIGINAL SCALE: 1"=100` EXHIBIT A SH 2 aapaoaaw Q �aaia ouaJOW anaIg 00'0 Q 00'lE }� 9 Jo 9 00 `Alu fillaiaM dZZ:aO soOZ/90/U 8ti9btiEE 111"03111111111111111111111111111111111111111 4 Ful�� h' T,-z o;. `� I 20' WOE IRRIGATION PO'ELINE/UT[UTY _ i EASEMENT T- •\ 5T. WAIN SANITAT1014 DISTRICT N y-, 2V WIDE SEWER LINE EASEMENT 100 0 50 100 200 } � • � ;�- ' `. IRS IR4 ORIGINAL SCALE: 1"=100' r IR3 �19' y IR51 / `� - IR28 �Pf _ MA>;iC IRRIQATR3N IR79 ' I .• .... _EASEMENT _ .. I JBPJ038U 19 4JO13 ouaaow MIS 00.0 Q 00' LE b 9 IIo 9�' 03 `Aluno0 PIOM dZZ:ZO 900Z1901ZL gvgVVEE IN 11111111111111111111111111111111111111111111 TO IRRIGATION PIPELINE/ UTILITY EASEMENT LINE iiEARING DISTANCE IRi 89'3 'Ol' V 20.00 IR2 S OV24'59' V 331.05' IR3 N 89'35'01' V 471.12' IR4 N 82*45104' V 77.95' IR5 N 71'05'30' W 64.4Y IR6 S '10'36' V MOAT IR7 S 26.10'36' W 179,05' 1R8 S 18'5G'01' W 577,33' IR9 N 73142121' W 5.01' IR10 S 17'10'22' W 12.64' 11 S 1 2' 1 IR12 S Ol'19'04' V 590.51' IR13 S 06'34105' W 313.72' IR14 S 00.32'56' W 564.16' IR 15 N 89'27'04' W 1 4.00' IR16 S 00.32156' W 20.00' IR17 5 89'27'O4' E SB9.00' IR18 N 00'32156' E 5133.37' IR19 N 06'34'05' E 313.62' REED N 0 ' 9'04' E 570.81' IR21 N 17.10122' E 171.74' IR22 N 17'1022' E 11.39' IR23 S 71103159' E 5.00' IR24 N 18'56'01' £ 576.06' IR25 N 26110136' E 13.27' IR26 N 26.10'36' E 370.83' IR27 S 71105130' £ 47,77' DZE8 S 82'45'04' E 803T IR29 S 89.35'01' E 492A2' IR30 I N 00.24'59' E 346A5' Town of Firestone P.O. Sox 100 151 Grant Avenue Firestone, CO 80520 262 l IIIIII IIIII IIIII III 3362262 02/10/2006 1 of 7 R 36.00 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 02:04P Weld County, CO 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO..5 q AN ORDINANCE APPROVING -A REZONING AND AMENDED OUTLINE DEVELOPMENT PLAN FOR THE VISTAS AT SADDLEBACK WHEREAS, Saddleback Vistas, LLC, a Colorado limited liability company, and Hemco Inc. a Colorado corporation, as owner and applicant, have applied for a rezoning of approximately 47.5 acres of land located in the East One -Half of Section l 9, Township 2 North, Range 67 West of the 6t' P.M:, which property is legally described on Exhibit A attached hereto and is known as The Vistas at Saddleback (formerly known as Saddleback Vistas), and is hereinafter referred to as the "Property"; and WHEREAS, the applicant has requested a rezoning of the Property to rezone approximately 8.3 acres of the Property from a Planned Unit Development, High Density Residential (PUD R-C) zone designation to a Planned Unit Development Neighborhood Center (PUD NC) zone designation, with the balance of the Property to remain zoned PUD R-C; and WHEREAS, the applicant has submitted an amended outline development plan (ODP) in connection with such rezoning request, which amended ODP, among other things, provides for such PUD NC area and provides for increased PUD R-C residential densities within the Property; and WHEREAS, all materials related to the proposed rezoning and amended 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 WHEREAS, the Firestone Planning and Zoning Commission held properly noticed public hearings on the application on November 2, 2005, 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, the Board of Trustees considered the proposed rezoning and amended outline development plan at a duly noticed public hearing held on November 10, 2005; and, WHEREAS, the Board of Trustees finds the proposed rezoning and amended outline development plan 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 amended outline development plan meet the applicable criteria of the Town's ordinances and Development Regulations, and should be approved subject to certain conditions; and y `y _ _ _ . _ — Ills IIIIII Iliil III IIIII IIII lilt IIIIII iilll IIIII IIIIII 3362262 02/10/2006 02:04P Weld County, Ca 2 o1 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder 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: Section 1. The Board of Trustees does hereby approve the proposed rezoning and amended outline development plan for The Vista at Saddleback, which property is legally 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 from the PUD R-C land use category to the PUD NC land use category approximately 83 acres of said Property, which PUD NC area is legally described in Exhibit A, all to be in accordance with and subject to "The Vista at Saddleback" amended outline development plan approved herein with conditions by the Board of Trustees. The Town zoning map shall be amended accordingly. INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of w tr bP r , 2005. Michael P. Simone Mayor ATTEST: J# He od own Clerk 1MUMS 2:46 PM([ I]F-.\Off x\LD6sv&\Ofduis=%Saddlebwk VIEW ODP Amend TB Ord 2 SOW{ SEAL IIIIIIillll IIIIIIIIIII IIIIIIIIIII hill III lilll IIII IIII 3362262 02/10/2006 02:04P Weld County, CO 3 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A 1. Overall Legal Description of The Vistas at Saddleback Property ("Property"): THAT PORTION OF THE E 1 /2 OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH 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' 5 1 " E 30.00 FEET; THENCE N 48 DEGREES 14' 09" E 576.66 FEET TO THE EAST LINE OF SAID SECTION; THENCE ALONG SAID EAST LINE S 01 DEGREES 5 F 36" E 3038.83 FEET MORE OR LESS TO THE POINT OF BEGINNING. CONTAINING 47.5 ACRES, MORE OR LESS. 2. Legal Description of that Portion of the Property Rezoned from PUD R-C to PUD NC: {insert legal description} I IIII�� ��III IIIII �11 Y1� IIII� 41�III III�1 1II IIIII ���I III 3362262 02/10/2006 02:04P Weld County, CO ° 4 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder f @A 0b005 SADDLEBACK VISTAS COMMERCIAL PROPERTY R LEGAL DESCRIPTION A parcel of land located in the SE corner of Section 19, Township 2 north, Range 67 west of the Sixth Principal Meridian in the Town of Firestone, Weld County, Colorado more particularly described as follows: Commencing at the SE corner of said Section; Thence N89031' 16"W along the south line of said SE ;/a, a distance of 341.38 feet; Thence N0128'44"E, 50.00 feet to the Point of Beginning in the future north right-of-way line of Grant Street; Thence N42°12' 15"W, 539.60 feet; Thence N 1 ° 12' 15"W, 215.71 feet; Thence N88°56'09"E, 635.44 feet to the future west right-df-way line of Frontier Street; Thence S 1 °03' 51 "E along said west line, 629.63 feet to said north line; Thence N89°31' 16"W along said north line, 280.01 feet to the Point of Beginning. Said parcel contains 323,953 square feet or 7.44 acres, more or less. " BASIS OF BEARINGS The south line of the SE'/a, 12N., R.67W. of the a P.M. bears N89°31' l6"W. CERTIFICATION Wines T. Jones, P.L.S., P.E. For and on behalf of Jones Engineering Associates, Inc. 2120 W. Littleton Blvd., Suite 205 Littleton, Colorado 80120 A Sheet 1 of 2 635.44' <14 T Uj %.44 AMES --- 323,953 'SF � d � S� Zn G 50 100 o od SCALE: -1„ 100' 1 00 - EXHIBIT �CD SADDLEBACK 'VISTAS o JOB NO, 4025 DATE: NOVEMBER :30, 2005 N o ;'--POWT ac BEGMING i SHEET 2 OF 2 ig t'- pmom f/f �1�y 18�_y 0 A"E14ERING a i ES ONE �. y BASIS OF BEARINGS 5 00, n i`iSJ'3� 1S_V�i 341.�8 � _ ASSOC., INC. - S(ik.�'it-1 Ui�E, SE 4 f �•, SEG. 19 CQR� iER� • 1� 2120 W. Littldwa filvd., Suite 205 . - - er�•JE 1 .2N., R.67W... y�_p 6 t H 8, P.M. T.ItC�9L4�� �`ot38-0 3fa Pho..: 303-738-G283 Fax- 303 73"3B5 IIIIIII IIIIIIIIIIIIIIII IIII� II��IIIII�I IIIIIII� IIII li�l '� 3362262 02/10/2006 02:04P Weld County, CO 6 of 7 R 36.00 D 0.00 Steve Moreno Clerk & Recorder . EXHIBIT B Rezoning/Amended Outline Development Plan The Vistas at Saddleback Conditions of Approval Notebook 1. Provide documentation of inclusion in the Carbon Valley Recreation District. Amended ODP General 2. In the Vicinity Map, change the street names for Roads, 15,18 and 20 to be consistent with the Firestone Street Grid_ 3. Provide an updated title commitment prior to recording. 4. Correct sheet numbering on all sheets of the ODP. Sheet 1 5. In the Vicinity Map, change the street names for Roads, 15,18 and 20 to be consistent with the 'Firestone Street Grid. 6. Revise the name to "The Vistas at Saddleback." 7. Revise the title block to reference "Amended Outline Development Plan." 8. In the. legal description, the fourth line of the call -out reads "N 0° 29' 44" W" but the map is labeled "N 00' 28' 44" E." Correct this, discrepancy. 9. In the Project Concept section, reference the proper acreage. 10. In the Project Concept section, also reference the Saddleback Hills development to the east and the Overlook development to the south. 11. In the Project Concept and the Land Use and Zoning sections, reference the previously amended ODP which was approved in 2001 which rezoned the property to PUD with the Residential-C land use category. 12. In the Project Concept section, expressly state that this Amended ODP shall comply with,the multi -family development standards in the Firestone Development Regulations. 4 �r J ice! _! l •� _...« � ;1 I IIIIIE IIIII IIIII lFIIII IIIII IIIIII IIIII 11111111 IN 1111 3362262 02/10/2006 02:04P Weld County, CO 7 of 7 R 36.00 0 0.00 Steve Moreno Clerk & Recorder 13. In the Project Concept section, revise the first sentence to read as follows: "The Vistas at Saddleback was is a planned residential and commercial community of 45-:9 47.49 acres adjacent to the Coal Ridge Ditch and the Saddleback Golf Course iti"Firestone, Colorado.", 14. In the Density section, reference the proposed density for the Nei' hborliood"Center land use category, as shown on the map (i.e., .21 FAR): 15. In the Density section, note that the densities shown are "maximum potential" densities. 16. In the Land Use Table, use the term "Residential-C" and "Neighborhood Center" land use categories. Also, reference the anticipated right-of-way for Frontier Street. 17. Add amote to the Circulation Systems section -stating that the traffic study will be updated at the time of Preliminary Development -Plan. 18. Revise the third paragraph under the Regional Impacts section to read as follows: "Impacts to the St. Vrain School District are mitigated by pursuant to an intergovernmental agreement between the Town and the District and/or Town ordinances, each of which as may be amended from time to time." 19. Revise the Town Approval block to read as follows: Town Approval: Approved by the Town Board of Trustees of the Town of Firestone, Colorado this 10'" day of (\ova n,,Ltr, 2005. Sheet 2 20. Combine the Land Use Legend with the Land Use Table on Sheet 1, so there is only one table that is the same. It can be shown on both sheets. 21. Identify proposed right-of-way for Frontier Street and Grant Street. 22. Show the existing east right-of-way line for Frontier Street and the existing southern right -of - line for Grant Avenue. 23. Show all potential street right-of-way at least 150-feet from any existing oil/gas facility. 24. Have the access location to Grant Street terminate at the property line, with the arrow pointing to the south. 25. Under the letters PA 1, PA 2 and PA 3 insert the letters "PUD R-C". Under the letters PA 4 insert the letters "NC". i IRM005 3:22 PM[sjl] Y:1Firestone\Subdivisians\SaddlebackVistas.01)P Amend, TB.res.doe .� 4-C4 r n in n of Firestone P. o. Box 1, 00 151 Grant Avenue Firestone, C0 80520 ORDINANCE NO.596 AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR A ROAD GRADER WHEREAS, the Town is authorized by applicable law, including but not limited to C.R.S. § 31-15-801 et seq., 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 of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of a 2006 Caterpillar 140H road grader. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Purchase Agreement between the Town and Municipal Services Group, Inc., (the "Lease") for lease and acquisition of one 2006 Caterpillar 140H road grader (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies 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 b. 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 15th day of December 2005. TOWN OF FIRESTO OLORADO ESTO owns " c r_ A Mayor ATT 3 y Hegw dC, own Clerk ORDINANCE NO. 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, Article 45, 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 ConservZvAmloto District, shall by ordinance authorize and direct the fayof and -T c,: � Aapply 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 Hundred Thirteen (213) acre-feet of water from Northern Colorado Water Conservancy District within the boundaries of the Northern Colorado Water Conservancy District. Section 2: That the Mac o r and . &,�Dn dmm- C 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, the' governing body of a Colorado municipal corporation acting in its governmental capacity or as governing body of a water activity enterprise (circle capacity in which governing body is acting), 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 beneficially use Colorado -Big Thompson Project water under the following terms and conditions: 1. The quantity of water herein requested by Applicant for annual application to beneficial use is Two Hundred Thirteen (213) acre-feet to be used so long as the Applicant fully complies with all of the terms, 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 Water Conservancy District. 3.. Applicant agrees that an acre-foot of water as referred to herein is defined as being one - three -hundred -ten thousandth (11310,000) 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 full, 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: 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 provisions 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. This 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. 7. 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. 8. 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 the 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 this water 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: �, +� _�_ d . lffea III aidinance re and Passed and adopted, signed and approved this pZ- day of �oc-oU , A.D., 2006. �5$-f0NZ TOWN OF FIREST NE Ik .. �oW pa� By `ATE S'oo cS ORDER ON APPLICATION Application having been made by or on behalf of all parties interested in this allocation of the right to use Colorado -Big Thompson Project water and after a Hearing by the Board, it is hereby ORDERED that the above application be granted and an allotment contract for Two Hundred Thirteen (213) acre-feet of water is hereby made to the Town of Firestone, a Colorado municipal corporatio-n, 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 10th day of March - A.D., 2.006. ATTEST; 1 APPLICATION TO NORTHERN COLORADO WATER CONSERVANCY DISTRICT FOR CANCELLATION OF TEMPORARY USE PERMITS The Town of Firestone hereby applies for the cancellation of the following Temporary Use. Permits; Permits Dated Acre -Feet Permits Dated Acre -Feet January 14, 2005 2 August 12, 2005 1 April 8, 2005 2 August 12, 2005 . 7 July 8, 2005 43 August 12, 2005 29 July 8, 2005 18 August 12, 2005 27 August 12, 2005 20 October 14, 2005 2 August 12, 2005 57 November 11, 2005 3 December 9, 2005 2 Total Quantity to be Released 213 Dated at Firestone, Colorado this a}h day of R vas 12006 �$TO TOWN OF FIRESTONE r''rowrs A`I'TE§-tXL By —M?- ORDER ON APPLICATION Application having been made by the Town of ' Firestone for the cancellation of the above Temporary Use Permits, and Hearing having been held by the Board of Directors.of Northern Colorado Water Conservancy District, it is hereby. ORDERED that the above Temporary Use Permits be canceled. Dated the 10th day of March ATT T: Act' cretary r P NORTHERN COLORADO WATER CONSERVANCY DISTRICT President t ORDINANCE NO.598 AN ORDINANCE APPROVING CERTAIN AMENDMENTS TO SECTIONS 16.04.060 AND 17.04.020 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Town of Firestone ("Town") and the St. Vrain Valley School District RE- 1 J ("District") entered into an Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, effective as of June 21,1997, and revised as of June 25, 2001 (the "IGA'); and WHEREAS, pursuant to Ordinance Nos. 367 and 474, provisions were added to Titles 16 and 17 of the Firestone Municipal Code concerning fair contributions for public school sites; and WHEREAS, the IGA by its terms expires June 21, 2007 or earlier upon one year's written notice by eAher party; and WHEREAS, by notice dated January 26, 2005, the Town provided notice to the District of termination of the Agreement; and WHEREAS, while the IGA will terminate January 26, 2006, the Town desires to continue requiring fair contributions for public school sites to ensure that new developments either dedicate land or, if appropriate, make payment in lieu of land dedication, for provision of adequate school sites to serve citizens of the Town; and WHEREAS, requiring fair contributions for public schools sites implements the goals and policies of the Town to make provisions for adequate school sites in a manner' appropriate for the Town; and WHEREAS, the Town has the authority to require the adequate provision of school sites by either the dedication of land; or payment in lieu of land dedication, pursuant to law, including but not limited to C.R.S. §§ 24-67-101 et seq., 29-20-104, 31-23-201 et sec}., and 31-23-301 et see}.; and WHEREAS, the Board of Trustees finds that the requirements for dedication of land or payment in lieu of land dedication as set forth in this ordinance are reasonable and necessary to protect, enhance and preserve the public health, safety and welfare of the Town's citizens; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 16.04.060 of the Firestone Municipal Code is hereby repealed and reenacted to read in full as follows: 16.04.060 Fair Contribution for Public School Sites. A. For all subdivisions of land, the subdivider shall dedicate land for a public school site, or in the event the dedication of land is not deemed feasible or the most appropriate means of satisfying the needs of the proposed development, as determined by the board of trustees, the subdivider shall make a payment in lieu of land dedication. The amount of such dedication of land or payment in lieu of land dedication (hereafter referred to as the "fair contribution for public school sites") shall be determined pursuant to the tables set forth in Subsection H below. B. The following uses shall be excepted from the fair contribution for public school sites requirements: 1. Construction of any nonresidential building or structure; 2. Alteration, replacement or expansion of 'any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units; 3. Construction of any building or structure for a limited term stay or for long-term assisted living, including but not limited to bed and breakfast establishments, boarding or rooming houses, family -care homes, group -care homes, halfway houses, hotels, motels, nursing homes or hospices; and 4. Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act, as amended. C. In the event the fair contribution for public school sites includes ,the dedication of land, the. subdivider shall make such dedication to the town in accordance with the following requirements: 1. The school site land shall be dedicated to the town on the final subdivision plat. Additionally, the subdivider shall convey the school site land to the town by .warranty deed, with title to such land to be free and clear of all liens, encumbrances, and exceptions (except those approved in writing by the town), including without limitation, real property taxes, which will be prorated to the date of conveyance. Unless otherwise agreed by the board of trustees; the school site land shall contain no oil or gas facilities and shall be free of any mineral interests that would permit future installation of such facilities... The warranty deed conveying the school site land to the town shall be recorded concurrently with the recording of the plat, unless otherwise agreed by the town and subdivider. 2. At the time of conveyance, the subdivider shall provided a title insurance commitment and policy. in an, amount equal to the fair market value of the .dedicated school site land; the title commitment and title insurance policy shall be in forms acceptable to the town. . 3. At or prior to recording of the final plat, the subdivider shall enter into an agreement with the.'town providing that at the appropriate time,: and not later than the deadline for conditional 'acceptance of public improvements for the subdivision, the subdivider shall at its expense provide for the street, water, sewer and utility improvements necessary to have such improvements and services stubbed to the dedicated land, and for overlot grading of the dedicated land, all in 2 accordance with town standards and criteria. The Subdivider shall also furnish any off -site easements needed to develop the site for school purposes. 4. The land being dedicated and conveyed shall be located and configured as directed by the town; so as to be suitable for the intended use to meet the needs generated by the proposed development. The land shall be suitable for the construction of school facilities and shall meet the minimum site size requirements for the type of school anticipated for such land as set forth in Subsection H. Unless otherwise approved by the board of trustees, the land shall . have public access from at least two adjacent street frontages and free from hazards that would threaten the safety of those using the land. 5. The subdivider conveying the land to the town shall, at or prior to recording of the final plat, dedicate to the town 0.375 acre-foot units of CBT water for every acre of dedicated land, each rounded up to the next highest acre and CBT unit. Prior to the issuance of any water tap for school facilities on the dedicated land and prior to the provision of any water service'to such facilities, the owner of the proposed school facilities shall convey to the Town all water rights required to meet the estimated total annual potable water demand requirement for the school facilities and lands, as calculated by the Town, plus an additional twenty percent. The Town at all times and as a condition of water service shall have the right to require the owner or operator of the dedicated land or school facilities_ , or both, dedicate additional water rights or, at the town's option, pay cash in lieu thereof, in the event actual water use on the dedicated land exceeds the estimated potable water demand, as calculated by the town. b. In addition to the land dedicated and conveyed, the subdivider shall provide to the town or school district, as the town shall determine, the right to purchase adjacent lands at their fair market value so that the dedicated and conveyed and purchased lands together form a contiguous parcel which meets the land area requirements listed in Subsection H below. A right to first purchase shall be for a period of three years from the date of recording of the final plat, or for such additional period of time as may be agreed upon. D. If the fair contribution for public school sites includes payment in lieu of dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under Subsection B above, the required payment in lieu of dedication of land shall be made to the town for the lot for which the building permit is sought. No building permit shall issue for such lot until the required payment in lieu of dedication of land, as determined pursuant to the tables set forth in Subsection H below, has been paid in full. E. Lands dedicated and conveyed to the town for school sites shall be held by the town until conveyed or leased for public school uses, which conveyance or lease shall be upon such terms and conditions as the board of trustees shall determine. Unless otherwise expressly provided by resolution of .the board of trustees, lands so held by the town are not intended to be held or used and shall 3 N not be held or used for town park or governmental purposes, and may be conveyed for public school uses without an election. The foregoing status of such lands shall not be affected by any temporary use of such land, by the use of such lands for open space or similar purposes, or by any land management activities on such lands. . F. Payments made in lieu of dedication of land shall be deposited and held for public school sites in accordance with C.R.S. § 29-1-801 et seq. Such funds shall be used, either directly or pursuant to agreement, solely for the acquisition, development, or expansion of public school sites or for capital facilities planning, site acquisition, or school site capital outlay purposes within the town, or within a greater area as the board of trustees may determine to be beneficial to the town and its citizens. Any funds received as fair contributions for public school sites which have not been used or encumbered for public school site purposes within ten years of collection shall be tendered for refund, with' interest earned and .credited according to C.R.S. § 29-1-801 si seq. to the person who made the fair contribution for public school sites. The town administrator shall give written notice by first-class mail to the person who made the fair contribution for public school sites at his or her address as reflected in the records maintained by the town. if the person does not file a written claim for refund with the town within 90 days of the mailing of such notice, the fair contribution for public school sites refund shall be forfeited and revert to the town to be utilized for public school site purposes that will benefit the residence for which the contribution .was 'paid. Payments made under this Section shall be deemed to be spent on the basis that the first payments collected shall be the first payments spent. G. If prior, to January 26, 2006, a subdivider of land in the town has obtained fair contribution for public school sites credits pursuant to that intergovernmental agreement which was authorized by ordinance nos. 367 and 474 and terminated effective January 26, 2006, the town shall allow such credits to be applied against the fair contribution to public school sites required under this Section, as in effect from time to time, provided (1) the subdivider has provided proof satisfactory to the town that subdivider is in full compliance with all its obligations':given in consideration of such credit's; and (2) the town and subdivider have executed an agreement for application of such credit. Such credits shall be applied on a dollar -for -dollar basis against the payment due at the time of building permit issuance, as determined in accordance' with the then -current school planning standards and in -lieu fee schedules of the town. H. Effective January 26, 2006, the following Tables H.1 through H.5, containing school 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: 4 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.1 SINGLE-FAMILY Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Units Y'r'd Standard Acres Contrihutinn Value Elementary 100 0.35 525 10 0.6.7 $35,000 35 Middle 100 0.14 750 25 0.47 $35,000 level 14 High 100 0.17 1200 50 0.71 $35,000 school 17 Total 100 66 1.84 $35,000 Single -Family Student Yield is .66 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.2 DUPLEXITRIPLEX Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Units Yield Standard Acres ; Cnntrihutinn Value Elementary 100 0.37 525 10 0.70 $35,000 37 Middle 100 0.11 750 25 0.37 $35,000 level I High 100 0.08 1200 50 0.33 $35,000 school S Total 100 56 1.40 $35,000 Duplex/Triplex Student Yield is .56 Cash -in lieu C.'nntrihution $64,458 $645 per unit Cash -in lieu Contrihutinn $49,167 $492 per unit SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE 14.3 MULTIFAMILY Number of 1 Toils Elementary 100 Middle 100 level High 100 school Total 100 Multifamily Student Yield is .25 Projected Student Site Size Developed Student Facility Standard Acres of Land Land Ykid Standard Acres Contribution Yalua 0.15 525 10 0.29 $35,000 15 0.08 750 25 0.27 $35,000 8 0.02 1200 50 0.08 $35,000 2 25 0.64 $35,000 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.4 CONDO/TOWNHOUSE Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Links Yield Standard Aires Contribution Value. Elementary 100 0.13 525 to 0.25 $35,000 13 Middle 100, 0.11 750 25 0.37 $35,000 level 11 High 100 0.05 1200 50 0.21 $35,000 school 5. Total 100 29 0.82 $35,000 Condo/Townhcuse Student Yield is .29 h Cash -in lieu Contribution $22,250 $223 per unit Cash -in lieu Contribution $28,792 $288 per unit Number Elementary Middle level f High school SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.5 MOBILE HOME Projected Student of Student I1nits Yield 100 0.26 26 too 0.07 7 100 0.09 9 Site Size Facility Standard Standard Acres 525 10 Developed Acres of Land Land CI)nlrihigion Value 0.50 $35,000 750 25 0.23 $35,000 1200 50 0.38 $35,000 Cash -in lieu Contribution Total 100 42 1.10 $35,000 $38,625 Mobile Home Student Yield is .42 $386 per unit Section 2. Subsection E of Section 17.04.020 of the Firestone Municipal Code is hereby repealed and reenacted to read in full as follows: 17.04.020 General applications. E. Any person required to obtain a building permit under Chapter 15.04 for any residential dwelling unit not otherwise exempt under Section 16.04.060.13 shall be required to make a fair contribution for public school sites in accordance with the provisions of Section 16.04.060. Prior to the issuance of such building permit, the town shall be provided with proof that, for the lot for which the permit is sought, the required fair contribution for public school sites has been made. If the fair contribution for public school sites is to be satisfied by payment in lieu of dedication of land, then the required payment shall be made to the town, and no building permit shall issue for such lot until the required payment in lieu of dedication of land has been paid in full. $ect on i. 1f 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. 7 INTRODUCED, READ, ADOPTED; APPROVED, AND ORDERED PUBLISHED IN FULL this 19th day of January, 2006. oic'v.s TOWN OF FIRESTONE, COLORADO Michael P. Simone �N� Mayor Attes . err. coy waa6P j4fy H4k6od own Clerk. 1/20/2006 3:32 PM[sj1jF:\0fficeTirestone\"Schco1 Land Dedication — 2006 Amendments (final approved) ORDINANCE NO. 599. AN ORDINANCE APPROVING A LEASE -PURCHASE AGREEMENT FOR 8 LAPTOP COMPUTERS FOR THE POLICE DEPARTMENT WHEREAS, the Town is authorized by applicable law, including.but not limited to C.R.S. § 31-15-801 et seg., 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 W-HEREAS, 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 . WHHEREAS, the Board of Trustees has determined it is in the best interest of the Town and its inhabitants to enter into the lease contemplated herein for the purchase of 8 laptop computers for the police department. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN 0 if, FIRESTONE, COLORADO: Section 1. The Board of Trustees hereby approves a Lease Purchase Agreement between the Town and Wells Fargo Brokerage Services, LLC, (the "Lease") for lease and acquisition of 8 ML900 Laptop computers with installation (the "Equipment"), which lease includes an option to purchase and acquire title to the Equipment, and a copy of which lease accompanies 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 S. 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 '22_of {e b fu a ✓� ���EsroN� ••"""••• \ TOWN OF FIREST OLORADO _ S SEAL f WMM, Ni'„KA 1 ayor ORDINANCE NO. 6 CC AN EMERGENCY ORDINANCE APPROVING CERTAIN AMENDMENTS TO SECTIONS 16.04.060 AND 17.04.020 OF THE FIRESTONE MUNICIPAL CODE CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES WHEREAS, the Town of Firestone ("Town") and the St. Vrain Valley School District RE- 1J ("District") entered into an Intergovernmental Agreement Concerning Fair Contributions for Public School Sites, effective as of June 21, 1997, and revised as of June 25, 2001 (the "IGA"); and WHEREAS, pursuant to Ordinance Nos. 367 and 474, provisions were added to Titles 16 and 17 of the Firestone. Municipal Code concerning fair contributions for public school sites; and WHEREAS, the IGA by its terms expires June 21, 2007 or earlier upon one year's written notice by either party; and WHEREAS, by notice dated January 26, 2005, the Town provided notice to the District of termination of the Agreement; and WHEREAS, while the IGA will terminate January 26, 2006, the Town desires to continue requiring fair contributions for public school sites to ensure that new developments either dedicate land or, if appropriate, make payment in lieu of land dedication, for provision of adequate school sites to serve citizens of the Town; and WHEREAS, requiring fair contributions for public schools sites implements the goals and policies of the Town to make provisions for adequate school sites in a manner appropriate for the Town; and WHEREAS, the Town has the authority to require the adequate provision of school sites by either the dedication of land, or payment in lieu of land dedication, pursuant to law, including but not limited to C.R.S. §§ 24-67-101 et seq., 29-20-104, 31-23-201 et seq., and 31-23-301 et sei}.; and WHEREAS, the Board of Trustees finds that the requirements for dedication'of land or payment in lieu of land dedication as set forth in this ordinance are reasonable and necessary to protect, enhance and preserve the public health, safety and welfare of the Town's citizens; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection 16.04.060 of the Firestone Municipal Code is hereby repealed and reenacted to read in full as follows: 16.04.060 Fair Contribution for Public School Sites. A. For all subdivisions of land, the subdivider shall dedicate land for a public school site, or in the event the dedication of land is not deemed feasible or the most appropriate means of satisfying the needs of the proposed development, as determined by the board of trustees, the subdivider shall make a payment in lieu of land dedication. The amount of such dedication of land or payment in lieu of land dedication (hereafter referred to as the "fair contribution for public school sites") shall be determined pursuant to the tables set forth in Subsection H below. B. The following uses shall be excepted from the fair contribution for public school sites requirements: 1. Construction of any nonresidential building or structure; 2. Alteration, replacement or expansion of any legally existing building or structure with a comparable new building or structure which does not increase the number of residential dwelling units; 3. Construction of any building or structure for a limited term stay or for long-term assisted living, including but not limited to bed and breakfast establishments, boarding or rooming houses, family -care homes, group -care homes, halfway houses, hotels, motels, nursing homes or hospices; and 4. Construction of any residential building or structure classified as housing for older persons, pursuant to the Federal Fair Housing Act, as amended. C. In the event the fair contribution for public school sites includes the dedication of land, the subdivider shall make such dedication to the town in accordance with the following requirements: 1. The school site land shall be dedicated to the town on the final subdivision plat. Additionally, the subdivider shall convey the school site land to the town by warranty deed, with title to such land to be free and clear of all liens, enclzribrances, and exceptions (except those approved in writing by the town), including without limitation, real property taxes, which will be prorated to the date of conveyance. Unless otherwise agreed by the board of trustees, the school site land shall contain no oil or gas facilities and shall be free of any mineral interests that would permit future installation of such facilities. The warranty deed conveying the school site land to the town shall be recorded concurrently with the recording of the plat, unless otherwise agreed by the town and subdivider. 2. At the time of conveyance, the subdivider shall provided a title insurance commitment and policy in an amount equal to the fair market value of the dedicated school site land; the title commitment and title insurance policy shall be in forms acceptable to the town. 3. At or -prior to recording of the final plat, the subdivider shall enter into an agreement with the town providing that at the appropriate time, and not later than the deadline for conditional acceptance of public improvements for the subcivision, the subdivider shall at its expense provide for the street, water, sewer and utility improvements necessary to have such improvements and services stub;Oed to the dedicated land, and for overlot grading of the dedicated land, all in 2 accordance with town standards and criteria. The Subdivider shall also furnish any off -site easements needed to develop the site for school purposes. 4. The land being dedicated and conveyed shall be located and configured as directed by the town, so as to be suitable for the intended use to meet the needs generated by. the proposed development. The land shall be ,suitable for the construction of school facilities and shall meet the minimum site size requirements for the type of school anticipated for such land as set forth in Subsection H. Unless otherwise approved by the board of trustees, the land shall have public access from at least two adjacent street frontages and free from hazards that would threaten the safety of those using the land. 5. The subdivider conveying the land to the town shall, at or prior to recording of the final plat, dedicate to the town 0.375 acre-foot units of CBT water for every acre of dedicated land, each rounded up to the next highest acre and CBT unit. Prior to the issuance of any water tap for school facilities on the dedicated land and prior to the provision of any water service to such facilities, the owner of the proposed school facilities shall transfer to the Town all water rights required to meet the estimated total annual potable water demand requirement for the school facilities and lands, as calculated by the Town, plus an additional twenty percent. The Town at all times and as a condition of water service shall have the right to require the owner or operator of the dedicated land or school facilities, or both, dedicate additional water rights or, at the town's option, pay cash in lieu thereof, in the event actual water use on the dedicated land exceeds the estimated potable water demand, as calculated by the town. b. In addition to the land dedicated and conveyed, the subdivider shall provide to the town or school district, as the town shall determine, the right to purchase adjacent lands at their fair market value so that the dedicated and conveyed and purchased lands together form a contiguous parcel which meets the land area requirements listed in Subsection H below. A right to first purchase shall be for a period of three years from the date of recording of the final plat, or for such additional period of time as may be agreed upon. D. If the fair contribution for public school sites includes payment in lieu of dedication of land, then prior to the issuance of any building permit for any residential dwelling unit in the subdivision not otherwise exempt under Subsection B above, the required payment in lieu of dedication of land shall be made to the town for the lot for which the building permit is sought. No building permit shall issue for such lot until the required payment in lieu of dedication of land, as determined pursuant to the tables set forth in Subsection H below, has been paid in full. E. Lands dedicated and conveyed to the town for school sites shall be held by the town until conveyed or leased for public school uses, which conveyance or lease shall be upon such terms and conditions as the board of trustees shall determine. Unless otherwise expressly provided by resolution of the board of trustees, lands so held by the town are not intended to be held or used and shall 3 not be held or used for town park or governmental purposes, and may be conveyed for public school uses without an election. The foregoing status of such lands shall not be affected by any temporary use of such land, by the use of such lands for open space or similar purposes, or by any land management activities on such lands. F. Payments made in lieu of dedication of land shall be deposited and held for public school sites in accordance with C.R.S. § 29-1-801 el seq. Such funds shall be used, either directly or pursuant to agreement, solely for the acquisition, development, or expansion of public school sites or for capital facilities planning, site acquisition, or school site capital outlay purposes within the town, or within a greater area as the board of trustees may determine to be beneficial to the town and its citizens. Any funds received as fair contributions for public school sites which have not been used or encumbered for public school site purposes within ten years of collection shall be tendered for refund, with interest earned and credited according to C.R.S. § 29-1-801 et seq. to the person who made the fair contribution for public school sites. The town administrator shall give written notice by first-class mail to the person who made the fair contribution for public school sites at his or her address as reflected in the records maintained by the town. If the person does not file a written claim for refund with the town within 90 days of the mailing of such notice, the fair contribution for public school sites refund shall be forfeited and revert to the town to be utilized for public school site purposes that will benefit the residence for which the contribution was paid. Payments made under this Section shall be deemed to be spent on the basis that the first payments collected shall be the first payments spent. G. If prior to January 26, 2006, a subdivider of land in the town has obtained fair contribution for public school sites credits pursuant to that intergovernmental agreement which was authorized by ordinance nos. 367 and 474 and terminated effective January 26, 2006, the town shall allow such credits to be applied against the fair contribution to public school sites required under this Section, as in effect from time to time, provided (1) the subdivider has provided proof satisfactory to the town that subdivider is in full compliance with all its obligations given in consideration of such credits; and (2) the town and subdivider have executed an agreement for application of such credit. Such credits shall be applied on a dollar -for -dollar basis against the payment due at the time of building permit issuance, as determined in accordance with the then -current school planning standards and in -lieu fee schedulcs of the town. H. Effective January 26, 2006, the following Tables HA through H.5, containing school 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: M SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.1 SINGLE-FAMILY Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Cash -in lieu t snits Yield Standard Acres Cnntrihntinn Value Contrihutinn Elementary 100 0.35 525. 10 0.67 $35,000 35 Middle 100 0.14 750 25 0.47 S35,000 level 14 High 100 0.17 1200 50 0.71 $35,000 school 17 Total 100 66 1.84 $35,000 $64,458 Single -Family Student Yield is .66 $645 per unit SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.2 DUPLEX/TRIPLEX Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Cash -in lieu Units yiald S,tandgrd Acres Contribution Value Contdhiifion Elementary 100 0.37 525 10 0.70 $35,000 37 Middle 100 0.11 750 25 0.37 $35,000 level 11 High 100 0.08 1200 50 0.33 $35,000 School 8 Total I00 56 1.40 $35,000 $49,167 Duplex/Triplex Student Yield is .56 $492 per unit 6" I SCHOOL PLANNING_ STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.3 MULTIFAMILY Number Projected Student Site Size Developed of Student Facility Standard Acresof Land Land . Cash -in lieu ilnits Yield Standard Acres Contrihntinn ° - VaInP Cnntrihutinn Elementary 100 0.15 525 10 0.29 $35,000 15 Middle too 0.08 750 25 0.27 $35,000 level 8 High too 0.02 .1200 50 0.08 $35,000 school .2 Total 100 25, 0.64 ' $35,000 $22,250 Multifamily Student Yield is .25 $223 per unit SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE HA CONDO/TOWNHOUSE Number Projected Student Site Size Developed of Student Facility Standard Acres of Land Land Cash -in lieu IUlits Yield Standard A cs Contribution y,alile Contrihntion Elementary 100 0.13 525 10 6.25 $35,000 13 Middle 100 0.11 750 25 0.37 $35,000 level 11 High too 0.05 1200 50 0.21 $35,000 school 5 Total 100 29 0.82. $35,000 $28,792 Condo/Townhouse Student Yield is .29 $288 per unit , 1 SCHOOL PLANNING STANDARDS AND CALCULATION OF IN LIEU FEES TABLE H.5 MOBILE HOME Number Projected• Student Site Size Developed of Student . Facility Standard Acres of Land band Cash -in lieu Splits Yield S#qlldard A= Contribution Value rnntrihLition Elementary 100 0.26 525. 10 0.50 $35,000 26 Middle .100 0.07 750 25 0.23 $35,000 level 7 High 100 0.09 1200 50 0.38 $35,000 school 9 Total 100 42 1.10 $35,000 $38,625 Mobile Home Student Yield is .42 S386 per unit Sertinn 2. Subsection E of Section 17.04:020 of the Firestone Municipal Code is hereby repealed and reenacted to read in full as follows: 17.04.020 General applications. E. Any person required to obtain a building permit under Chapter 15.04 for any residential dwelling unit not otherwise exempt under Section 16.04.060.13 shall be required to make a fair contribution for public school sites Jn accordance with the provisions of Section 16.04.060. Prior to the issuance of such building permit, the town shall be provided with proof that, for the lot for which the permit is sought, the required fair contribution for public school sites has been made. If the fair contribution for public school sites is to be satisfied by payment in lieu of dedication of land, then the required payment shall be made to the town, and no building permit shall issue for such lot until the required payment in lieu of dedication of land has been paid in full. 1. 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. 7 lion 5. 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 timely effectuate the amendments to the Firestone Municipal Code _set forth in .this ordinance, to ensure continuity and fairness in the administration of the Town's program for fair contributions to public school sites. Therefore, this ordinance and the amendments to the Firestone Municipal Code set forth herein shall take effect January 26, 2006; .provided the same has been. adopted and signed by the Mayor and approved by two-thirds of the entire Board of Trustees. INTRgDUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thiQ day of E,-- -b ( u Q v 2006. FiRESTp� • Towty F fittest: CUf Hegv,6od Cl Clerk TOWN OF FIRESTONE, COLORADO Mi ael P. Simone. Mayor. 1 /18/200611:38 AM[sj1]F:\OfficelFirestone10rd1School land Dedication — 2006 Amendments (final clean draft) 8 ORDINANCE NO. 60 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE FIRESTONE MUNICIPAL CODE TO PROHIBIT THE USE OF DYNAMIC BRAKING DEVICES IN THE TOWN. WHEREAS, pursuant to C.R.S. § 31-15-401, the Town 'may prevent and suppress affrays, noises and disturbances in any public or private place; and WHEREAS, the Board of Trustees finds that the creation of excessive noise by large trucks in particular is a detriment to public health, comfort, convenience, safety and welfare; and WHEREAS, the Board of Trustees desires to prohibit the use of dynamic braking devices, otherwise known as engine compression brakes, Jacobs Brakes or Jake Brakes, in order to secure and promote the public health, comfort, convenience, safety and welfare of the Town and its inhabitants. 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 new Section 9.16.150 to read as follows (subsequent Section to be renumbered accordingly): 9.16.150 Engine compression or dynamic braking devices. No person shall operate within the limits of the Town any motor vehicle with an engine compression or dynamic braking device (commonly referred to as "Jacobs brakes" - or "Jake brakes") engaged. A violation of this section shall be a misdemeanor. Section 2. 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 4. The repeal or modification of any provision of any prior ordinance 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 j udgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. 1 Section 5. All otherordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTMUCED, READ, ADO TED, APPROVED, AND ORDERED PUBLISHED IN FULL this 9 day of `M'y'1 , 2006. M'chael P. Simone ATTEST: Mayor y He Wood �.ESTO�E own Clerk � �� ,........ . TOWN N61200611:32 AM [edl] Y:1 wnionel0rd'iw=Vake Brake.ord.dm ORDINANCE NO. AN ORDINANCE AMENDING CERTAIN SETBACKS IN THE M-1 AND M-2 ZONE DISTRICTS AND IN MOBILE HOME SUBDIVISIONS WHEREAS, pursuant to state law, including but not limited C.R.S. § 31-23-301 et seq., the Town is authorized to enact zoning regulations to, among other things, regulate the location and use of buildings, structures and land for commercial, residential, industrial and other purposes; and WHEREAS, the Town has adopted zoning regulations, including requirements for setbacks for buildings; and WHEREAS, The Board of Trustees desires to amend certain setback requirements in the M-1 and M-2 zone districts and in mobile home subdivisions; and WHEREAS, .the Firestone Planning and Zoning Commission after notice and hearing has recommended the Board of Trustees adopt the amendments set forth in this ordinance; 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. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 17.48.060.H of the Firestone Municipal Code is hereby revised to read as follows (words to be deleted shown in Wit; words to be added underlined): 17.48.060 Mobile home subdivisions — Bulk requirements. The following are the minimum requirements for mobile home subdivisions. Aesthetic, environmental or facility design may necessitate exceeding the minimum specified: H. Rear setback, ten feet, except the rear setback may be decreased to eight feet where the lot abuts an alley or public right-of-way; Section 2. Section 17.48.060.K of the Firestone Municipal Code is hereby deleted, with the subsequent subsections to be redesignated alphabetically. Section 3. Sextion 17.20.060.A of the Firestone Municipal Code is hereby revised to read as follows (words to be deleted shown in s4keeut; words to be added underlined : 17.20.060 Commercial and industrial density schedule. CI C2 CM M 1 M2 A. Minimum setback from right-of-way line of street in 50 -50 5 30 30 -50 30 feet 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 S. 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 13 of M.A I2C� , 2006.. . TOWN OF FIRESTONE, COLORADO SSON , Michael P. Simone y o Mayor woad y Heg66od own Clerk 03/13/2006 4:20 PM,, [M] F:ICompmySPirestoce50rdiameelSetbacks-doc 2 1 II111III IIIII IIIIII 11111111111111 II11111 III 11111 II1I 1111 3484775 06/20/2007 03:24P Weld County, CO 1 of 5 R 26.00 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. (43 h AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE TO THE FREDERICK- FIRESTONE FIRE PROTECTION DISTRICT OF A 2.35-ACRE FIRE STATION SITE OWNED BY THE TOWN AND DESCRIBED AS TRACT C, FIRESTONE COMMUNITY MINOR SUBDIVISION WHEREAS, the Town of Firestone is the owner of certain real property legally described as Tract C, Firestone Community Minor Subdivision, according to the recorded plat thereof, County of Weld, State of Colorado, which Tract Cis aiternatively described as set forth on Exhibit A hereto (hereinafter "the Property"); and WHEREAS, the Frederick -Firestone Fire Protection District ("District") has requested conveyance of the Property to the District for the construction.of a fire station; and WHEREAS, the Board of Trustees has determined that the conveyance of the Property to the District, for so long as the Property is used for an operational fire station and no longer, will serve the purpose for which the Property Was acquired, and that the Property is not being used or held for park purposes or any other governmental purpose of the Town; 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. .r= NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Sectiau.1. The Board of Trustees hereby approves the sale and conveyance from the Town of Firestone to the Frederick -Firestone Fire Protection District ("District") of that certain real property legally described as Tract C, Firestone Community Minor Subdivision, according to the recorded plat thereof, County of Weld, State of Colorado, which Tract C is alternatively described as set forth on Exhibit A hereto (hereinafter "the Property"). Section 2, Such sale and conveyance shall, be for no monetary consideration, and said conveyance shall be for so long as the. Property is used for an operational fire station and no longer, which covenant and restriction shall be set forth in the deed conveying the Property. The Property shall be conveyed by special warranty deed, which deed shall be in the form of deed accompanying this ordinance, and in "as is". condition. The Mayor is authorized to execute on -behalf of the Town a special warranty deed for the conveyance of the Property to the District, which deed shall be consistent with the provisions of this ordinance. 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 District shall pay for any title insurance, and for all recording costs and other costs incidental to the sale and conveyance. .1111111111111111111111111111111111111111111111111111111 3484775 06/20/2007 03:24f Weld County, CO 2 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder Section.3 Nothing herein shall constitute or be interpreted as a waiver of the Town's legislative, governmental, or police powers to promote• and protect the health, safety, and welfare of the Town and its inhabitants, or affect or impair the authority of the Town to enter into future agreements respecting the Property. Section 4. . The conveyance of a determinable interest with a possibility of reverter, as set forth in Section 2 of this ordinance, is a material consideration of the Board of Trustees' adoption hereof, and such provision is not severable herefrom. Except for the foregoing, 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, and the Board of Trustees hereby declares that it would have passed this ordinance and each such other part hereof irrespective of the fact that any one part be declared invalid. INTROD[�TCED, READ, ADOPTED, APPROVED, AND ORDERED -PUBLISHED IN FULL this ,3 r day of jY7 t� P C' , 2006. TO st: i�c�u�1C0�0 ky gw dlerk 3120/2006 t'55 PM(s I]F;\OFFICHIFm*tone\Ordt ireStation Site Tmnsfer.ord 2 TOWN OF FIRESTONE, COLORADO 00 ichael P. Simone Mayor i I Illlli IIIII IIIIII IIIII IIII IIII IIIIIII III IIIII IIII IIII 3484775 06/20/2007 03:24P Weld County, CO 3 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder EXHIBIT A A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE- 67 WEST, OF THE 6TH P.M.; TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7,1 TOWNSHIP 2 NORTH, RANGE 67 WEST, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO HAVE AN ASSUMED BEARING OF S88026'39"E (NORTHEAST CORNER IS MARKED BY A 3" ILLEGIBLE ALUMINUM CAP, AND THE NORTH QUARTER CORNER IS MARKED BY A 2 112" ALUMINUM CAP STAMPED LS 31169), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE S56024'04"W, 955.97 FEET TO THE POINT OF BEGINNING; THENCE S24002'10"E, 302.48 FEET; THENCE N89°59'54"W, 432.84 FEET; THENCE N00°00'06"E, 276.25 FEET; THENCE S89"59'54"E, 309.62 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.35 ACRES (102,553 SQUARE FEET) MORE OR LESS. 3 liillIII y III l lilil liii 11111 INS 1111111111111111 IN l iilii lllil 3484775 06/20/2007 03:24P Weld Caunty, CO 4 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder SPECIAL WARRANIX-DRED (Statutory Form, C.R.S., §38-30-11.5) Grantor, the TOWN OF FIRESTONE, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, whose legal address is 151 Grant Avenue, Firestone, Colorado, 80520�, for ten dollars ($10.00) and other good and valuable consideration, hereby sells and conv ys;to Grantee, the FREDERICK-FIRESTONE FIRE PROTECTION DISTRICT, whose legal addres',i-s 31 Walnut Drive, P.O. Box 129, Frederick, Colorado, 80530, of the County of Weld, and*State, of Colorado, the following real property in the County of Weld, State of To, to wit: SEE F.XHTRTT AA�-ATTACHED HERETO AND MADE A PART HEREOF, `A PhONG AS THEPROPERTY IS USED FOR AN OPERATIONAL FIRE STATION AND NO LONGER, with all its appurtenances and warrants the title against all persons claiming under the 'subject to taxes and specialassessments for the year 2006 and thereafter, and subject to all .Iumbrances, deeds of trust, mortgages, easements, restrictions, reservations of minerals, srights of way and other matters of record. Signed this day of 2006. GRANTOR: TOWN OF FIRESTONE Form — Do Not Sign Michael P. Simone, Mayor ATTEST: By: Judy Hegwood, Town Clerk II IIII II II II --- -� :, ' I II�I�� �IIII I!l��I IIIII l��I IIIII I�IIIII I�� IIIII ���I IIII 3484775 06/20/2007 03:24P Weld County, Co 5 of 5 R 26.00 D 0.00 Steve Moreno Clerk & Recorder ACKNOWLEDGMENT STATE OF COLORADO ) )ss COUNTY OF WELD ) Towrfoffirestone. Wit My commission ex (S E A L) ing instrument was acknowledged before me this day of 2006, by Michael P. Simone, Mayor, and Judy Hegwood, Town Clerk, of the my hand and official seal. Notary Public EXHIBIT A A TRACT OF LAND SITUATE IN THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF, COLORADO; 'BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7, TOWNSHIP 2 NORTH, RANGE 67 WEST, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO HAVE AN ASSUMED BEARING OF S88026'39"E (NORTHEAST CORNER IS MARKED BY A 3" ILLEGIBLE ALUMINUM CAP, AND THE NORTH QUARTER CORNER IS MARKED BY A 2 1/2" ALUMINUM CAP STAMPED LS 31169), WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE, S56024'04"W, 95597 FEET TO THE POINT OF BEGINNING; THENCE S24002'10"E, 302.48 FEET; THENCE. N89059'54"W, 432.84 FEET; THENCE N00°00'06"E, 276.25 FEET; THENCE. S89059'54"E, 309.62 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 2.35 ACRES (102,553 SQUARE FEET) MORE OR LESS. M 6i A Please Return To: Town of Firestone P.O. Box 100 Firestone, CO 80520 Page I of I iJudi He wood From: ' "Sam Light" <SLight@lhdlaw.com> To: "Judy Hegwood" <jhegwood@ci.firestone.co.us> Sent: - riday, August 25, 2006.11:31 AM Attach: ATT00743.htm; CarbonValleyMedCenterDeed - Town to FFFPD (3-20-06).doc Subject: Ordinance No. 603 Judy:.Attached is the form of deed that goes with Ordinance No. 603. ' You should place this in your permanent ordinance book as the last two pages of the ordinance. This version should not be signed. Sam ORDINANCE NO. � 04/ AN ORDINANCE AMENDING CHAPTER 5.08 OF THE FIRESTONE MUNICIPAL CODE TO ADOPT STANDARDS, PROCEDURES, AND FEES FOR APPLICATIONS FOR LIQUOR TASTINGS. WHEREAS, pursuant to C.R.S. § 12-47-3 01 (10), the Town may authorize liquor tastings at retail liquor stores and liquor -licensed drugstores, and may adopt certain standards, procedures and fees for applications for liquor tastings; and WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to allow retail liquor store and liquor -licensed drugstore licensees within the Town to conduct liquor tastings pursuant to certain statutory requirements and application procedures to be set by the Firestone Local Licensing Authority; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.08.090 of the Firestone Municipal Code, entitled "Fees -- Application and registration fees," is hereby amended by the addition of a new subsection G to read as follows: G. Each application for a liquor tastings permit shall be accompanied by a liquor tastings application fee in the amount of $50.00. Section 2. The Firestone Municipal Code is hereby amended by the addition of a new section 5.08.110, to read as follows: 5.08.110 Liquor tastings. A. The town hereby authorizes tastings to be conducted by retail liquor store and liquor -licensed drugstore licensees in accordance with this section and pursuant to section 12-47-301, C.R.S. Within the town, it is unlawful for any person or licensee to conduct tastings unless a permit has been obtained in accordance with this section. The local licensing authority is authorized to issue tasting permits in accordance with the requirements of this section. B. A retail liquor store or liquor -licensed drugstore licensee that wishes to conduct tastings shall submit an application for a tastings permit to the local licensing authority annually at the time of liquor license renewal. The application shall be in the form required by the Town Clerk, and shall include a written control plan establishing how the applicant will conduct the tastings in compliance with the provisions of the Liquor Code and town code, and without creating a public safety risk to the neighborhood. The local licensing authority may reject the permit application if the applicant fails to establish that the licensee is able to conduct tastings without violating the provisions of this section or creating a public safety risk to the neighborhood. The local licensing authority and authority secretary may establish application procedures for tastings permits. C. Tastings shall be subject to the following limitations: 1. Tastings shall be conducted only by a person who has completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue and who is a retail liquor store or liquor -licensed drugstore licensee, or an employee of a licensee, and only on a licensee's licensed premises. 2. The alcohol used in tastings shall be purchased through a licensed wholesaler, licensed brew pub, or winery licensed pursuant to section 12-47- 403, C.R.S., at a cost that is not less than the laid in cost of such alcohol. Such suppliers shall have licenses from the town to the extent required by this section and section 12-47-301, C.R.S. 3. The size of an individual alcohol sample shall not exceed one ounce of malt or vinous liquor or one-half of one ounce of spirituous liquor. 4. Tastings shall not exceed a total of five hours in duration per day, which need not be consecutive. 5. Tastings shall be conducted only during the operating hours in which the licensee on whose premises the tastings occur is permitted to sell alcohol beverages, and in no case earlier than 11 a.m. or later than 7 p.m. 6. The licensee shall prohibit patrons from leaving the licensed premises with an unconsumed sample. 7. The licensee shall promptly remove all open and unconsumed alcohol beverage samples from the licensed premises or shall destroy the samples immediately following the completion of the tasting. 8. The licensee shall not serve a person who is under twenty-one years of age or who is visibly intoxicated. 9. The licensee shall not serve more than four individual samples to a patron during a tasting. 10. Alcohol samples shall be in open containers and shall be provided to a patron free of charge. 2 11. Tastings may occur on no more than four of the six days from a Monday to the following Saturday, not to exceed fifty two (52) days per year. 12. No , manufacturer of spirituous or vinous liquors shall induce a licensee through free goods or financial or in -kind assistance to favor the manufacturer's products being sampled at a tasting. The licensee shall bear the financial and all other responsibility for a tasting. 13. The applicant for a tastings permit shall certify on the application that all persons serving alcohol at tastings have completed a server training program that meets the standards established by the Liquor Enforcement Division of the Colorado Department of Revenue. D. A violation of a limitation specified in this section or of section 12-47- 301(10) or section 12-47-801, C.R.S., by a retail liquor store or liquor -licensed drugstore licensee, whether by the licensee, the licensee's employees or agents, or otherwise shall be the responsibility of the licensee who is conducting the tasting. E. A licensee conducting a tasting shall be subject to the same revocation, suspension, and enforcement provisions as otherwise apply to the licensee and are imposed by the local licensing authority. The local licensing authority shall conduct a hearing with regard to any violations of this section in accordance with the requirements of this code and section 12-47-601, C.R.S. Section 3. No liquor tastings fee shall be charged to applicants for tastings permits to conduct tastings between the effective date of this ordinance and the due date of the applicant's next liquor license renewal application. Section 4. 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 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. I ITRODUCED, READ, ADOPTED, APPROVED, AND ORDE LISHED IN FULL this? 7* day of AeiL 2006. Michael P. Simone Mayor 3 ATTEST: y He d LSE Town Cler 411412006 8:57 AKWfl Y.Tweslow\OrdinsmoelTastiWord.doc 4 ORDINANCE NO.605 AN ORDINANCE AMENDING SECTION 2.04.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING THE DATES AND TIMES OF MEETINGS AND WORK SESSIONS OF THE BOARD OF TRUSTEES WHEREAS, the Board of Trustees desires to amend the Firestone Municipal Code to establish 7:00 p.m. rather than 7:30 p.m. as the start time for regular meetings and work sessions of the Board, and to recognize the third Thursday of the month as a date for Board work.sessions. 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 stfieke +b..,.u&; words to be added are underlined 2.04.030. Regular meetings B Special meetings B Work Sessions. A. The board of trustees shall meet in regular session on the second and fourth Thursday of each month at seven- p.m. 7:0f 0 p.m.at the Town Hall. If the day set for the regular meeting falls on a holiday recognized as legal by the state or on Christmas Eve or New Years Eve, the regular meeting shall either be vacated or rescheduled to an alternative date and time, as determined by the board of trustees no later than the meeting next preceding the holiday; in case any hearing or proceeding has been set for any such regular meeting, the same shall not abate but shall also stand continued to the next regular meeting 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 and third Thursday of each month at sevens p.m. 7:00 .m. at the Town Hall 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. 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. 72406115:33()Lnkl C:\DOCUMENTS AND SETTINGSWHEGWOOD\MY DOCUMENTS\ORDINANCES\ORD 605—MEETING TIMES (7-06).DOC NTRODUCED, READ, ADOPTED, APPROVED AS AN EMERGENCY MEASURE BY A VOTE OF 6 TO 0, AND ORDERED PUBLISHED IN FULL this 13th day of July, 2006. TOWN OF FIRE ORADO Michael P. Simone Mayor lfU0 AHcgwq�d, CM Clerk 71806/12:13Lknk1C:\D0CUMENTS AND SETTINGS\JHEGNOOD\MY DOCUMENTS\OHDINANCES\ORD 605-MEETING TINE5 (7-06).DOC - ORDINANCE NO.6 0� AN ORDINANCE AMENDING SECTION 13.08.040 OF THE FIRESTONE MUNICIPAL CODE CONCERNING LATE FEES ASSESSED ON DELINQUENT WATER ACCOUNTS WHEREAS, the Board of Trustees desires to amend Section 13.08.040 of the Firestone Municipal Code regarding late fees assessed on delinquent water accounts. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Subsection A of Section 13.08.040 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in s4ikee ; words to be added underlined): 13.08.040 Collection procedures — Late fee. ' A. Water charges shall be due no later than the close of business on the twentieth day of the month in which the water billing is mailed to the customer. If the charges remain unpaid at the close of the business day on the last business day of the month, the account shall be deemed delinquent and interest shall be assessed at the rate of one and one-half percent per month. A late fee of five dollars ($5.00) shall also be assessed on overdue amounts of twenty dollars „($20,00) or more. Section 2. 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 3. The repeal or modification of any provision of any prior ordinance 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 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. INTRO UCED, READ ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this Lday of ,. 2006. 1 TOW1� TOWN OF FIRESTO , C LORADO SEAL ATTEST: Mayor y He ood own Clerk 7lIMM6 8-50 AM [sl] Y:tiFiredonelordmncelweterBM.st&OW7-07-06) ... � , I I��III III�� IIIII lIII�� II��E IIIII �I�I III �IIIIIII III .- : � _-- 3427728 10/16/2006 03:48P Weld County, CC 1 of 3 fi 1fi.00 a 0.00 Steve INoreno Clerk T� Recorder ��..�, ORDINANCE NO. d 7 AN ORDINANCE APPROVING AN ANNEXATION KNOWN AS THE CENTRAL PARK ANNEXATION . TO THE TOWN OF FIRESTONE, COLORADO WHEREAS, a petition for annexation of certain unincorporated property, to be known as the Central Park 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 June 20 and 27, and July 4 and 11, 2006 in the Daily limes -Call; 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 Central Park AnnexatioL, 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. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED PUBLISHED IN FULL this ?`µ' day of 2006. A ' .. OWN - f 'ATTEST: `Q Ctiili�S � �. T TOWN OF P. Simone, X6 6:afI '� Iliill4,lII!l111111illllillillllllliliilllllilllllilliil ,` 3427728 '10116/2006 03:48P Weld County, CO 2 of 3 R 16.00 0 0.00 Steve Moreno Cleric & Recorder INTRO UCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL thiseV y of 2006. TOWN iJ:A L A 1 0 2 TOWN OF Mayor I 11111111111111111111111111111111111111111111111111111111 IN 3427728 101i'6I2006 03:48P Weld County, CO 3 of 3 R 16.00 0 0.00 Steve Moreno Clerk & Recorder EXHIBIT A - LEGAL DESCRIPTION: The following property is zoned PUD Open Space (PUD-OS): THE NORTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THOSE PORTIONS OF SAID LAND AS CONVEYED BY INSTRUMENTS RECORDED MAY 17, 1909 IN BOOK 305, PAGE 15; MAY 3, 2000 AS RECEPTION NO.2765844; AND RIGHT OF WAY ALONG WELD COUNTY ROAD 15 PER DOLLAGHAN ANNEXATION TD THE TOWN OF FIRESTONE RECORDED AT RECEPTION NO. 2520155 AND 2520156, BOOK 1577, PAGES 26 AND 27, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T2N, R67W OF THE SIXTH P.M., AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S00053'21"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER N89015'53"W, 30.01 FEET TO THE NORTHEAST CORNER OF A QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY OF SAID QUIT CLAIM, S00053-21 "E, 50.02 FEET (PREVIOUSLY RECORDED AS S00°53'19"E) 50.02 FEET TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15, AND SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AS DESCRIBED IN SAID DOLLAGHAN ANNEXATIONS NOS. 1 AND 2 TO THE TOWN OF FIRESTONE, S00053'21"E, 2590.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, N89"06'39"W, 2618.37 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18, N89007'55"W, 2105.37 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO THE UNION PACIFIC RAILROAD COMPANY AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 305 AT PAGE 15, ALSO BEING THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE TOWN OF FIRESTONE AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 2538622 IN BOOK 1596; THENCE ALONG SAID EASTERLY LINE N00016'49"E, 2568.35 FEET TO THE SOUTHWEST CORNER OF SAID QUIT CLAIM DEED RECORDED AT RECEPTION NO.2765844; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID QUIT CLAIM THE FOLLOWING TWO (2) COURSES: 1) S89°30'49"E, 2079.21 FEET, (PREVIOUSLY RECORDED AS S89°30'43"E, 2079.10 FEET); 2) S89°15'53"E, 2591.50 FEET, (PREVIOUSLY RECORDED AS S89°15'55"E, 2591.57 FEET) TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 278.32 ACRES MORE OR LESS (12,123,514 SQUARE FEET). 07/27/2006 1;55 PM [kk6] S:tiRmloneUmexationTtatral Park.mne.ordAm own -&x boo f—� e'ApV.) 60 5:0 S ,0. �~ �l��l lllil lll�ll Ill 11I�I Illl NII I llllll�ill �llllllll ld county, GO 3427730 101iB12006 J i �3.48P We of 2 R 11.04 0 0.00 Steve Moreno Clerk & Recorder ORDINANCE NO. Ala AN ORDINANCE ZONING PROPERTY ANNEXED TO THE TOWN OF FIRESTONE AND KNOWN AS THE CENTRAL 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 Central 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. Section 31-23-305; and WHEREAS, the landowner of the property requested a Planned Unit Development zoning classification with Open Space land uses (PUD-OS) 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 Central Park 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 Central 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 Planned Unit Development, Open Space (PUD-OS), pursuant to the zoning ordinances of the Town and in accordance with the Central Park 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 CentrJPark Annexation. 111111111111111111111111111111111111111111111111111 IN 3427730 10/1612006 03:48P Weld County, CO 2 of 2 R 11.00 D 0.00 Steve Moreno Cleric & Recorder EXHIBIT A - LEGAL DESCRIPTION: THE NORTH ONE-HALF OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, EXCEPTING THEREFROM THOSE PORTIONS OF SAID LAND AS CONVEYED BY INSTRUMENTS RECORDED MAY 17, 1909 IN BOOK 305, PAGE 15; MAY 3, 2000 AS RECEPTION NO. 2765844; AND RIGHT OF WAY ALONG WELD COUNTY ROAD 15 PER DOLLAGHAN ANNEXATION TO THE TOWN OF FIRESTONE RECORDED AT RECEPTION NO. 2520155 AND 2520156, BOOK 1577, PAGES 26 AND 27, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T2N, R67W OF THE SIXTH P.M., AND CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S00053'21"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER N89015'53"W, 30.01 FEET TO THE NORTHEAST CORNER OF A QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844 IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER; THENCE ALONG THE EASTERLY BOUNDARY OF SAID QUIT CLAIM, S00°53'21"E, 50.02 FEET (PREVIOUSLY RECORDED AS S00°53'19"E) 50.02 FEET TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT BEING ON THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15, AND SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AS DESCRIBED IN SAID DOLLAGHAN ANNEXATIONS NOS. 1 AND 2 TO THE TOWN OF FIRESTONE, S00053'21"E, 2590.25 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18, N89006'39"W, 2618.37 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 18; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 18, N89"07'55"W, 2105.37 FEET TO THE EASTERLY LINE OF SAID PARCEL OF LAND CONVEYED TO THE UNION PACIFIC RAILROAD COMPANY AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER IN BOOK 305 AT PAGE 15, ALSO BEING THE EASTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE TOWN OF FIRESTONE AS RECORDED IN THE OFFICE OF THE WELD COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 2538622 IN BOOK 1596; THENCE ALONG SAID EASTERLY LINE N00016'49"E, 2568.35 FEET TO THE SOUTHWEST CORNER OF SAID QUIT CLAIM DEED RECORDED AT RECEPTION NO. 2765844; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID QUIT CLAIM THE FOLLOWING TWO (2) COURSES: 1) S89°30'49"E, 2079.21 FEET, (PREVIOUSLY RECORDED AS S89°30'43"E, 2079.10 FEET); 2) S89°15'53"E, 2591.50 FEET, (PREVIOUSLY RECORDED AS S89°15'55"E, 2591.57 FEET) TO THE SOUTHEAST CORNER OF SAID QUIT CLAIM, SAID POINT ALSO BEING ON THE WESTERLY RIGHT OF WAY OF WELD COUNTY ROAD 15 AND THE POINT OF BEGINNING. SAID PARCEL CONTAINS 278.32 ACRES MORE OR LESS (12,123,514 SQUARE FEET). 071271200612:43 PM [kkh] S:TuutonelA=exarioa\Central Park.ord.dw 7 ORDINANCE NO.609 SERIES 2006 AN ORDINANCE AMENDING SECTION 9.08.140 AND ADOPTING SECTION 9.08.160 OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO GRAFFITI — DEFACING PROPERTY, AND GRAFFITI NUISANCES. WHEREAS, the Town has adopted an ordinance prohibiting defacing of public or private property by means of painting, drawing, etching or carving with paint, spray paint, ink, knife or other similar method, which is set forth in Section 9.08.140 of the Firestone Municipal Code; and WHEREAS, the Board of Trustees desires to amend this section and add a new section pertaining to graffiti to set forth required penalties, and to require store owners to post certain. signage. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 9.08.140 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 9.08.140 Graffiti — Defacing property. A. It is unlawful to deface, or to cause, aid in or permit the defacing of, public or private property by means of painting, drawing, etching or carving with paint, spray paint, ink, knife or any similar method. +v• C. A violation of this section shall be a misdemeanor. An pprson violating this section shall be unished by a fine of five hundred dollars $500.00 for the first offense: seven hundred fifty dollars ($750.00) for the second offenses and one - thousand dollars ($1 000.00) for each subsequent offense, or byiimmprisonment not to exceed one year, or by both fine and im risonment at the discretion of the court. D. If a person under the @ge of 18 years is personally unable to p4y a fine levied for acts prohibited by this section, the parent or legal guardian of that person shall" be liable for the a ent of the fine. E. In addition to ppy punishment s ecified in this section the court shall order an violator to make restitution to the victim for damages or loss caused directlyoor 11 indirectly by the violator's offense in the amount or manner determined by the court. In the case of a person under the age of 18 ypars, the parents or legal uardian shall be ordered jointly and severally liable with the violator to make the restitution. F. As pAq of the penalties s ecified in this section, a violator mgy be jgquired to perform coggpurn �V service. Reasonable effort shall be made to -assign the violator to a type of community service that is reasonablyexpected to have the most rehabilitative effect on the violator, including community service that involves ;graffiti removal. Section 2. Section 9.08.160 of the Firestone Municipal Code is hereby adopted to read as follows: 9.08.160 Graffiti signage required. A. 'Every person who operates a retail commercial establishment selling aerosol paint containers, paint sticks, or broad -tipped markers shall place a sign in clear public view at or near the display of such products stating: "Graffiti is against the law. Any person who defaces real or personal property with paint or any other liquid or device is guilty of a crime punishable by imprisonment of up to 365 days and/or a -fine up to $1,000." B. A violation of this section shall be a petty offense. 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. 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 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. 2 INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 3rol day of u u S+ 2006. 7/31/2006 9:&5 AM [drd]s/Firestone/oTdinance/Graffiti 0 TOWN OF FIRESTONE, Michael P. Simone Mayor LIGHT, HARRINGTON & DAWES, P.C. ATTORNEYS AT LAW WRITER SQUARE OFFICE TOWER TEL. (303) 298-1601 1512 LARIMER STREET, SUITE 300 FAX (303) 298-1627 DENVER, COLORADO 80202 E-MAIL slight@lhdlaw.com SAMUEL J. LIGHT MEMORANDUM TO: Mayor and Town of Fi FROM: Samuel J. I Deanne R. DATE: July 31, 2006 RE: Graffiti Ordinance Per the request of the Town, we have attached a draft ordinance amending the. Town's provisions regarding graffiti. The amended ordinance -includes the following changes: • Specifies that the violation of defacing property with graffiti 19 a misdemeanor, punishable by a $500 fine for the first offense, $750 fine for a second offense, and $1,000 fine for a third or subsequent offense, or by imprisonment up to one year, or by both fine and imprisonment. • Makes parents and legal guardians financially liable for fines levied upon persons under the age of 18 years of age for graffiti violations. • Requires the court to order restitution by the defendant to the victim of the damages caused by the graffiti violation (for defendants under the age of 18, parents and legal g�iardians are jointly and severally liable for the restitution). • Allows the court to require community service for graffiti violations. • Requires retail stores to post signage advising of the violation of graffiti, and makes it a petty offense to fail to post the required notice. We also had direction that the Town would be providing the signs to retailers at no cost. We have not included this in the ordinance because it is not necessary that the Town's policy to provide signage be in the ordinance. In conjunction with our review and preparation of the graffiti ordinance, we have also prepared a draft ordinance updating the penalty provisions in Title 9 of the Firestone Municipal LIGHT, HARRINGTON & DAWES, P.C. Mayor and Trustees, Town of Firestone July 31, 2006 Page 2 of 2 Code. We have forwarded the draft ordinance to the Chief of Police and Municipal Judge for their review and comment. Please advise if you have any questions or need any further changes. cc: Cheri Andersen, Town Administrator David Montgomery, Chief of Police V31l2006 9:39 AMldrd/s/Firestone/Graffiti ordinance memo ORDINANCE NO. 6 {0 AN ORDINANCE AMENDING SECTION 5.04.160.D AND CHAPTER 5.40 OF THE FIRESTONE MUNICIPAL CODE PERTAINING TO TRANSIENT MERCHANTS, - SOLICITORS AND PEDDLERS WHEREAS, the Town is authorized to adopt rules and regulations concerning transient merchants, solicitors and peddlers; and WHEREAS, the Board of Trustees desires to amend certain sections of the Firestone Municipal Code regarding the regulation of transient merchants, solicitors and peddlers within the Town. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 5.04.010 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): 5.04.010 Generally; relation to other laws. The purpose of this chapter is to require the licensing of all business activities and enterprises physically located within the town or operating within the town, and to provide the town with necessary information concerning the businesses within the town, including but not limited to the nature of the business operation, the number of employees, place of business and emergency contacts. in order to protect the health, welfare and safety of the town's inhabitants. The general business license required by this chapter shall be in addition to any other license or permit required by this title or this code. Transient merchants, solicitors and peddlers are required to obtain business licenses pursuant to this chapter. Section 2. Subsection A of Section 5,04.030 of the Firestone Municipal Code, entitled "Definitions", is hereby amended to read as follows (words to be deleted shown in Wit; words to be added underlined): A. "Business" means and includes all kinds of vocations, occupations, home occupations, professions, enterprises and establishments, any of which are conducted on any premises or are otherwise carried on within the town or anywhere else within its jurisdiction; such term includes a transient merchant, solicitor or peddler as defined in chapter 5.40 of this code. Section 3. Section 5.04.160.D of the Firestone Municipal Code, entitled "Suspension or revo-�ation," is hereby amended to read as follows (words to be deleted shown in strikeeut; words to be added underlined): 1 J D Except for such emergency suspension authorized by Subsection C of this section, no such suspension or revocation is final until the licensee has been given the opportunity for a hearing before the town administrator to contest the suspension or revocation. Notice of the hearing for revocation of a license shall be given in writing, setting.forth specifically the _grounds of complaint and the time and place of hearing.. Such notice shall be mailed, postage prepaid, to the licensee at the licensee's local address as set forth on the application,.at least ten days prior to the date set for the hearing. Section 4. Chapter 5.40 of the Firestone Municipal Code is hereby amended to read as follows (words to be deleted shown in stfikeeu ; words to be added underlined): Chapter 5.40 Transient Merchants, Solicitors and Peddlers Sections: 5.40.010 License required. 5.40.020 Definitions. 5.40.030 Exemptions. 5.40.040 Investig4ien and issuanee ef lieofi Sales prohibited. 5.40.050 Revocation of license. 5.40.060 Miscellaneous requirements, prohibited activities and penalty. 5.40.010 License required. Notwithstanding any other provision in this code, it shall be unlawful for any transient merchant, solicitor or peddler, as defined herein, to engage in such business within the corporate limits of the town without first obtaining a business license in compliance with the provisions of this "ham Chapter 5.04 and a sales tax license, as applicable; in compliance with the provisions of Chapter 3.08. 5.40.020 Definitions. As used in this chapter, the following definitions shall apply: A. "Solicitor" is any person who travels by any means from residence to residence, street to street, or place to place, soliciting funds or other forms of zssistance, or taking or attempting to take orders for the sale of personal property of any nature for future delivery or for services to be performed or furnished in the future. B. "Peddler" is any person who travels by any means from residence to residence, street to street, or place to place, selling and delivering or offering to sell and deliver any personal property of any nature or services. P C. "Transient merchant" is any person who rents, erects, purchases or utilizes any room, storeroom, tent, building or other structure or place for the purpose of selling or offering for sale any personal property of any nature at such location, without the intent of establishing a permanent business at such location. 5.40.030 . Exemptions. A. For pumoses of this Chapter, "solicitor". shall_ not include any or6ganization, society, association or corporation desiring . to solicit or have solicited in its -name-money, donations of money or property, or financial assistance of any kind or desiring to sell or distribute any item of.literature or merchandise for which a fee is charged or .solicited from persons other than members of such organization u on the streets in offices or office buildings, b house -to -house canvass, or in public places for a charitable,_ religious, patriotic or philanthropic pMose. B. For purposes of this chapter, 4'solicitor" shall not include_ a bona fide religious charitable, school and civic organizations, or other organizations eligible for exemption under Section 501(c) of the Internal Revenue Code. C. For purposes of.this chapter, solicitor shall not include any person engaged in distribution of non-commercial information in the. exercise of. such person's First Amendment rights under the United States Constitution. A for- .� d 's transient t'6 li a shall file An appheanl a elicit 4east � five days or- aiava vaxuaaG fehi to the date upon .� aiv,.��..,...,......, whieh the �...� applieaet ,a4 prior J 1. The name and 6esor-iptien home of the 7 and leeal addfoss and 2. The r bey.- 2 A Ilene pennanent of tb.e r-ipti.+.-+ n pl,. ant7 of the addfass if effi Z+ non ,are and phone ; 7 of the bitsi VA Giiv vuui�aV ess; uu, number- phone together if .Atli empleyed, edea the name,4. inln address a�Rd, the phone number- between t v vain 1 er v�'v>_ d o G The �, T �tq�: ee; je .� t ideatioal establishing of time 1 fe � -hie eymet -a t4+e ..L.4 of the reWefiship 4e c. aJ \YV do b desifed; which Jei VV, nably i v �. - eY1ti Jthv 6. Q A 4 4 ei# ete phs h t4@ f the pliea+A i n4 1.,. r be nnv, .i6ted Of a ifelony as to or -fief pl; y to the ef n4,. of tl,e offense e and a anyie,tion-5 rill 5.40.040 investigation and issmanee of lieense-.-Sales prohibited. No person shall sell or offer for sale any goods, services,. or any .other thing .of value from or upon any street alley, sidewalk ark or prol2erty owned or controlled by the public or by the town, except as may be authorized by the town. dir-eetieii to de ' of—toe-town—eler-k . f ,,,,d to be the t,,v.,., ale,.lr d sappp eve the a an s1,91 fy unsatisfaetefy, the ,;,.phea„t in ,-iiia v the disapproval. sy-h-A The pl:..atia n t may ffeti of applioa obtain if-7 investigation, I as a result of sorah fees, the teA% eler-k shall to the issue ar 7 a_ heonse to earn, on business ■inthin -the—eer-peraie limits of the P. The hee_, pheav,t teA% for- a period ,e 1. sb,all. of time, not exeeediag the sig sue *44y at„re seal days-. the issuing issued, eafAai t4e type besiness and to be officer- of Z11V 1UVµ111L officer-, `V theFetmder-, the of eanied en E. The l:ee.,se Tee ...l+;el, 4411 be ar-geA i advance by far thetown ab, 1:eense shall be ten do11a a f day Neense fitly ele& an,r dellars � siavefi Ala 1;;effse ef a 1-,i ndr-e.l ells s a one for- a thi ft. day license. 5.40.050 Revocation of license. A. In addition to revocation for business licenses under Section 5,04.160, any, business license issued for a transient merchant, solicitor or peddler under_Chapter 5:04 her-eunde may be revoked by the town, after notice and hearing as set forth in Chapter 5.04, for any of the following causes: . M—_ ry-49MM. ser�:str e:� FE.. 1 Fraud, misrepresentation or false statement made in the course of carrying on b--isiness as a solicitor, peddler or transient merchant; 2. Any violation of this code; 3. Conviction of any person working for or on behalf of the transient merchant, solicitor or peddler of any crime or misdemeanor; or 4. Conducting the business allowed by the license in an unlawful manner, or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public. B. Notice of the hearing for revocation of a business license shall be given in w icing in accordance with the provisions set forth in Section 5.04.160. �g 5.40.060 Miscellaneous requirements, prohibited activities and penalty. A. Each solicitor, peddler and transient merchant shall exhibit, at the request of any person, the license issued under the provisions of !his ehapte Chapter 5.04. B. It shall be unlawful for any person to engage, or cause any agent or employee of such person to engage, in soliciting or peddling at any residence or place on which a sign has been conspicuously displayed with the words "No Solicitors" or "No Peddlers" or other such similar language. C. It shall be unlawful for a solicitor or peddler to remain and refuse to leave immediately, or to instruct and cause any agent or employee to remain and refuse to leave immediately, the residence or place of another, after being requested by the owner or other person having the right to occupy such residence to leave, whether or not any "No Solicitors" or "No Peddlers" signs have been displayed. D. A violation of this chapter shall be punishable as set forth in Chapter 1.16 of t=1is code. 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. 5 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. INTROIQUCED; READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED N FULL this -3day of U US+ 2006. TOWN OF FIRES S.1ONE i n f�c% �•'� o�}� Michael . Mayor �lyg. 7/3112006 10-34 AM[drd]slFirestone/ordinancelPeddlers Solicitors 2 LIGHT, HARRINGTON & DAWES,- P.C. ATTORNEYS AT LAW WRITER SQUARE OFFICE TOWER TEL. (303) 298-1601 1512 LARIMER STREET, SUITE 300 FAX (303) 298-1627 DENVER, COLORADO 80202 E-MAIL slight@lhdlaw.com SAMUELJ. LIGHT MEM.0RA.NDUM TO: Mayor and Trustees Town of Firestone FROM: Samuel J. Light Deanne R. Durfe DATE: July 31, 2006 RE: Peddler/Solicitor Ordinance We have attached a draft ordinance revising the peddler/solicitor provisions in the Firestone Municipal Code. Per the Town's direction, the attached ordinance makes the following changes: • R.-vises the business licensing revocation procedures to set forth the notice and hearing procedures to revoke a business license. • Requires peddlers, solicitors and transient merchants to obtain a business license, as well as a sales tax license, as applicable. • Exempts from the definition of "solicitor" those organizations that solicit money or donations for charitable, religious, patriotic or philanthropic purposes. • Exempts from the definition of "solicitor" bona fide religious, charitable, school, civic, and other organizations eligible under Section 501 (c) of the Internal Revenue Code. • Exempts from the definition of "solicitor" any person engaged in the distribution of non- commercial information in the exercise of a person's First Amendment rights. • Prohibits persons from selling or offering for sale any goods or services from streets. • Adds additional criteria for revocation of a business license for transient merchants, peddlers and solicitors, including the conviction of any person working for the peddler/solicitor of any crime or misdemeanor. • Cross-references the notice and hearing provisions for business license revocations in Section 5.04.160. Please advise if you have any other comments or changes to the proposed ordinance. 7/31 /2006 10:27 AM/drd/s/Fires tonelPedd ler memo 07-31-06 ORDINANCE NO. 611 AN ORDINANCE AMENDING CHAPTER 9.16 OF THE FIRESTONE MUNICIPAL CODE TO ADD A NEW SECTION 9.16.145 REGARDING EXCESSIVE SOUND LEVELS WHEREAS, the Board of Trustees is authorized pursuant to state law, including but not limited to C.R.S. §§25-12-101 et seg. and 31-15-401 et SeMc ., to regulate excessive noise; and WHEREAS, the Board of Trustees finds that it is necessary and appropriate to amend the Firestone Municipal Code to adopt additional provisions regulatingexcessive noise; and WHEREAS, the Board of Trustees finds that the amendments to the Firestone Municipal Code set forth herein are in the best interests of the health, safety and welfare of the Town and its residents; 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 new Section 9.16.145, to read as follows: 9.16.145 Excessive sound levels. A. It shall be unlawful for any person to: I . Operate any type of vehicle, machine or device; 2. Carry on any activity; or 3. Promote or facilitate the carrying on of any activity which makes sound in excess of the level specified in this section. B. Sound from a moving vehicular source located within the public right-of-way shall not exceed eighty (80) decibels on the "A" weighting scale (db(A)), except that sound from a vehicle with a manufacturer's gross weight rating of ten thousand (10,000) pounds and above operated on a prescribed truck route at all times or elsewhere within the town during the hours of 7:00 a.m, to 6:00 p.m. on Monday through Saturday may exceed eighty (80) db(A) but shall not exceed eighty-eight (88) db(A). Such sound shall be measured at a distance of at least twenty-five (25) feet from a vehicle located within the public right-of- way. C. Sound from any source, other than a moving vehicular source located within the public right-of-way, shall not exceed any of the following limits for the applicable zone: 1 Zoning designation of the Maximum number of Maximum number of decibels property on which the decibels permitted from permitted from 7:00 p.m. until 7:00 sound is received 7.00 a.m. until 7:00 p.m. a.m. of the following weekday and of the same day until 8:00 a.m. of the following weekend (Saturday & Sunday) day Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Industrial 70 db(A) 65 db(A) Li t-Industrial 80 db(A) 75 db(A) D. For PUD zone districts, the maximum permitted noise level on private property shall be as specified in the table in subsection C for the district(s) most similar to those listed, as determined by the town administrator, unless other standards are specifically established on an applicable final development plan. E. Sound from construction work for Which a building permit has been issued shall be deemed to be received in an industrial zoning district during the hours of 7:00 a.m. to 7:00 p.m. for work of any type, and until 9:00 p.m. for light construction work that uses only hand tools and power tools (but not including nail guns) of no more than five (5) horsepower. Under no circumstances shall amplified sound be considered as construction work activity. On Saturdays and Sundays, sound from construction work shall not commence until 8:00 a.m. F. Sound from a source on private property shall be measured at or inside the property line of property other. than that on which the sound source is located. G. Sound from a source on public property may be measured on that property so long as the measurement is taken at least twenty-five (25) feet from the source, or it may be measured at or inside the property line of property other than the public property on which the sound source is located. H. For the purposes of this section, a leasehold shall be deemed a property, and the boundary of the leasehold interest shall be deemed a property line. I. All sound measurements shall be made on a sound level meter that meets ANSI specification S I A-1974 for Type I and Type II equipment. The manufacturer's published indication of compliance with such specifications is prima facie evidence of compliance with this subsection I. that: J. It is a specific defense to a charge of violating this section 9.16.145 4 1. The sound was made by an authorized emergency vehicle when responding to an emergency call or acting in the time of emergency; 2. The sound was made within the terms of a parade, fireworks display or temporary street closure permit issued by the town; 3. The sound was made by the sounding of a horn of any vehicle as a danger warning signal or by the sounding of any warning device as required by law; 4. The sound was made on property belonging to or leased or managed by a federal, state or other governmental body and was made by an activity of the governmental body or by others pursuant to a contract, lease or permit granted by such governmental body; or 5. The sound was made within the terms and conditions of the sound level variance granted by the town. A variance shall be granted after application is made if the town administrator finds that compliance will cause an undue hardship and further finds that: a. Additional time is necessary for the applicant to alter or modify the activity or operation to comply with this section; or b. The activity, operation or sound source will be of temporary duration, and even with the application of the best available control technology cannot be done in a manner that would comply with this section. in either case, the town administrator must also find that no reasonable alternative is available to the applicant. If the town administrator grants a variance, the town administrator shall prescribe such reasonable conditions or requirements as are necessary to minimize adverse effects upon the community or the surrounding neighborhood. K. This section shall not be construed to conflict with the right of the town or any person to maintain an action in equity to abate a noise nuisance under the laws of the state. L. Each offense of violation of this section constitutes a separate and distinct violation. Further, three (3) or more violations of subection C of this section on different dates within any twelve (12) month period shall be grounds for revocation of any special use review permit or liquor license after a notice and hearing. M. The provisions of this section 9.16.145 are in addition to all other requirements of this code. Section 2. 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. 3 Section 3. The repeal or modification of any provision of any prior ordinance 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 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. INTROQUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of 32006. TOWN OF FIRESTONE, COLORADO Michael P. Si ATTEST: Mayor 2y He -god Q � own Clerk �4 7131P200611:09 AM(s lyslFirestone/OrdirmcrJNoise Ordinance (7-06) 0� 4 ORDINANCE NO._ I AN ORDINANCE AMENDING CERTAIN PROVISIONS OF A LEASE PURCHASE AGREEMENT PREVIOUSLY AUTHORIZED BY THE TOWN; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Firestone in Weld County, Colorado (the "Town") is a statutory .town duly organized and existing under the Constitution and laws of the State of Colorado (the "State"); and WHEREAS, the Board of Trustees of the Town (the `Board") has the power pursuant to Section 31-15-101(1)(d), C.R.S. to acquire, hold, lease, and dispose of property, both real and personal as may be necessary for any legally authorized purpose; and WHEREAS, pursuant to Section 31-15-101(l)(d), Colorado Revised Statutes, and Ordinance No. 579, adopted by the Board on April 21, 2005, the Town entered into a Lease Purchase Agreement dated as of May 1, 2005 (the "Lease") between the Town, as lessee, and the Town of Firestone Finance Authority (the "Authority"), as lessor; and WHEREAS, Authority entered into a Mortgage and Indenture of Trust dated as of May 1, 2005 (the "Indenture") with Valley Bank & Trust, a commercial bank chartered under the laws of the State of Colorado, as trustee (the "Trustee"); and WHEREAS, pursuant to Section 9.02 of the Indenture, the written consent of the Town is required for amendments to the Indenture as contemplated by the Indenture First Supplement (as defined herein); and WHEREAS, the Town has determined and hereby determines that it is in the best interests of the Town that. the Town and the Authority amend the Lease and the Indenture; and WHEREAS, the form of the First Amendment to Lease Purchase Agreement, between the Authority and the Town (the "Lease First Amendment") dated as of August 1, 2006, and the form of the First Amendment to Mortgage and Indenture of Trust, dated as of August 1, 2006, between the Authority and the Trustee (the "Indenture First Supplement") are on file with the Town Clerk; and WHEREAS, no member of the Board has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Finding of Best Interests. The Board hereby finds and determines, pursuantto the ordinances of the Town and the laws of the State, that amending the Lease and the Indenture is necessary, convenient and in furtherance of the Town's purposes and is in the best interests of the Town. Section 2. Approval of Lease First Amendment and Indenture First Supplement. The Lease First Amendment and the Indenture First Supplement, in substantially the forms as are on file with the Town Clerk, are in all respects approved, authorized and confirmed, with only such changes, modifications, additions and deletions therein as are deemed necessary, desirable or appropriate in the opinion of the Town Administrator or the Town Finance Director. The Mayor, or in his absence the Mayor Pro Tem, and Town Clerk are hereby authorized and directed to execute and deliver, for and on behalf of the Town,'the Lease First Amendment in substantially the form and with substantially the same content as is on file with the Town Clerk, but with such changes, modifications, additions and deletions therein as are deemed necessary, desirable or appropriate in the opinion of the Town Administrator or the Town Finance Director. Section 3. Authorization to Execute Collateral Documents. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Board in connection with the matters authorized by this ordinance and to place the seal of the Town on any document authorized and approved by this ordinance. The Mayor, or in his absence the Mayor Pro Tem, the Town Clerk, and the Finance Director, or other appropriate officials or agents of the Board or the Town, are hereby authorized to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they may deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The execution of any instrument by the aforementioned officers or members of the Board shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 4. Ratification and Approval of Prior Actions. Except as amended hereby, all action heretofore taken (not inconsistent with the provisions of this ordinance) by the Board, or the officers or agents of the Board or the Town, relating to the Lease are hereby ratified, approved and confirmed. Section 5. Severability. If any section, subsection, paragraph, clause or provision of this resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution or such documents, the intent being that the same are severable. Section 6. Repealer. All ordinances of the Town, or parts thereof, inconsistent with this ordinance or with the Lease First Amendment or any of the documents hereby approved, are hereby repealed only to the extent of such inconsistency. This repealer shall not be construed as reviving any ordinance of the Town, or part thereof, heretofore repealed. Section 7. Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage and publication. 2 INTRODUCED, READ, PASSED, APPROVED AND ORDERED PUBLISHED IN FULL this 3rd day of August, 2006. ZIP I-STO T OW � N '0L (S( Atest:upiryr gragn TOWN OF FIREST E, C ORADO Michael P. Simone, Mayor STATE OF COLORADO } COUNTY OF WELD ) SS. TOWN OF FIRESTONE } I, the duly elected, qualified and acting Town Clerk of the Town of Firestone, Colorado (the "Town") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of an Ordinance of the Board of Trustees of the Town (the "Board") adopted by the Board at a special meeting of the Board on August 3, 2006 (the "Ordinance"), and that such Ordinance has not been amended or modified and is in full force and effect on the date hereof 2. The Ordinance has been signed by the Mayor, sealed with the seal of the Town, attested by the Town Clerk, and duly recorded in the minutes of the Board. 3. The adoption of the Ordinance was duly moved and seconded, and the Ordinance was adopted on by an affirmative vote of a majority of the members of the Board at the special meeting of the Board on August 3, 2006. as follows: Name "Yes" "No" Absent Abstain Michael P. Simone x Dennis Bertron x Sharon Falcone x Julie Crowder x Steve Curtis x Charlie Thomas, Jr. x Butch Walb x 4. Attached hereto as Exhibit A is the affidavit of publication of the Ordinance in the Farmer & Miner, a newspaper of general circulation within the Town on August 16, 2006. 5. Attached hereto as Exhibit B is the notice of the meeting of August 3, 2006, which was posted at the Town Hall not less then 24 hours in advance of the meeting. 4 IN WITNESS WHEREOF, I have hereto set my hand and the seal of the Town this 3rd day of August, 2006. udy 1-19(wood, Clerk, CMC 5 EXHIBIT A (Affidavit of Publication) A-1 ORDINANCE NO. 612 AN ORDINANCE AMENDING CERTAIN PROVISIONS OF A LEASE PURCHASE AGREEMENT PREVIOUSLY AUTHORIZED BY THE TOWN; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the Town of Firestone in Weld County Colorado (the "Town") is a statutory town duly organized and existing under the Constitution and laws of the State of Colorado (the "State"); and WHEREAS , the Board of Trustees of the Town (the "Board") has the power pursuant to Section 31-15-101(1)(d), C.R.S. to acquire, hold, lease, and dispose of property, both real and personal as may be necessary for any legally authorized purpose; and WHEREAS , pursuant to Section 31-15-101(1)(d), Colorado Revised Statutes, and Ordinance No. 579, adopted by the Board on April 21, 2005, the Town entered into a Lease Purchase Agreement dated as of May 1, 2005 (the "Lease") between the Town, as lessee, and the Town of Firestone Finance Authority (the "Authority"), as lessor; and WHEREAS , Authority entered into a Mortgage and Indenture of Trust dated as of May 1, 2005 (the "Indenture") with Valley Bank & Trust, a commercial bank chartered under the laws of the State of Colorado, as trustee (the "Trustee"); and WHEREAS , pursuant to Section 9.02 of the Indenture, the written consent of the Town is required for amendments to the Indenture as contemplated by the Indenture First Supplement (as defined herein); and WHEREAS , the Town has determined and hereby determines that it is in the best interests of the Town that the Town and the Authority amend the Lease and the Indenture; and WHEREAS , the form of the First Amendment to Lease Purchase Agreement, between the Authority and the Town (the "Lease First Amendment") dated as of August 1, 2006, and the form of the First Amendment to Mortgage and Indenture of Trust, dated as of August 1, 2006, between the Authority and the Trustee (the "Indenture First Supplement") are on file with the Town Clerk; and WHEREAS , no member of the Board has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Finding of Best Interests. The Board hereby finds and determinos, pursuant to the ordinances of the Town and the laws of the State, that amending the Lease and the Indenture is necessary, convenient and in furtherance of the Town's purposes and is in the best interests of the Town. Section 2. Approval of Lease First Amendment and Indenture First Supplement, The Lease First Amendment and the Indenture First Supplement, in substantially the forms as are on file with the Town Clerk, are in all respects approved, authorized and confirmed, with only such changes, modifications, additions and deletions therein as are deemed necessary, desirable or appropriate in the opinion of the Town Administrator or the Town Finance Director. The Mayor, or in his absence the Mayor Pro Tem, and Town Clerk are hereby authorized and directed to execute and deliver, for and on behalf of the Town, the Lease First Amendment in substantially the form and with substantially the same content as is on file with the Town Clerk, but with such changes, modifications, additions and deletions therein as are deemed necessary, desirable or appropriate in the opinion of the Town Administrator or the Town Finance Director. Section 3. Authorization to Execute Collateral Documents . The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Board in connection with the matters authorized by this ordinance and to place the seal of the Town on any document authorized and approved by this ordinance. The Mayor, or in his absence the Mayor Pro Tom, the Town Clerk, and the Finance Director, or other appropriate officials or agents of the Board or the Town, are hereby authorized to execute and deliver for and on behalf of the Town any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they may deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The execution of any instrument by the aforementioned officers or members of the Board she be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 4. Ratification and Approval of Prior Actions. Except as amended hereby, all action heretofore taken (not inconsistent with the provisions of this ordinance) by the Board, or the officers or agents of the Board or the Town, relating to the Lease are hereby ratified, approved and confirmed. Section 5. Severablllty. If any section, subsection, paragraph, clause or provision of this resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution or such documents, the intent being that the same are severable. Section 6. Repealer . All ordinances of the Town, or parts thereof, inconsistent with this ordinance or with the Lease First Amendment or any of the documents hereby approved, are hereby repealed only to the extent of such inconsistency. This repealer shall not be construed as reviving any ordinance of the Town, or part thereof, heretofore repealed. Section 7. Effective Date. This ordinance shall be in full force and effect thirty (30) days after passage and publication. 11 INTRODUCED, READ, PA APPROVED AND OR[ PUBLISHED IN FULL th day of August, 2006. TOWN OF FIRES COLC Is/ Michael PA Michael P. Simone'. (SEAL) Attest: Is! Judy Hegwood PROOF OF PUBLICATION CARBON VALLEY FARMER & MINER STATE OF COLORADO COUNTY OF WELD SS. I, Karen Lambert, do solemnly swear that I am the Publisher of the Carbon Valley Farmer & Miner; that the same is a weekly newspaper printed and published in the County of Weld, State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterruptedly in said county of Adams for a period of more than fifty-two consecutive weeks prior to the first publication of the annexed legal notice or advertisement; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the act of March 3, 1879, or any amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of -Colorado. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said weekly newspaper for the period of 1 consecutive insertion(s); and that the first publicatio n of said notice was in the issue of newspaper, dated 16th day of August, 2006, and the last on the 16th day of August, 2006. Publisher. Subscribed abd rn before me, this the 11 th day of August, 2006. 10 Da M , �./4 0; Public. Q G 0 f�.�. IF 380 Judy Hegwood, Town Clerk Sil OFCOLORADOIi COUNTY OF WELD) SS.) TOWN OF FIRESTONE) I, the duly elected, qualified and acting Town Clerk of the Town of Firestone, Colorado (the "Town") do hereby certify: 1. That the foregoing pages are a true, correct, and complete copy of an Ordinance of the Board of Trustees of the Town (the "Board") adopted by the Board at a special meeting of the Board on August 3, 2006 (the "Ordinance"), and that such Ordinance has not been amended or modified and is in full force and effect on the date hereof, 2. The Ordinance has been signed by the Mayor, sealed with the seal of the Town, attested by the Town Clerk, and duly recorded in the minutes of the Board. 3. The adoption of the Ordinance was duly moved and seconded, and the Ordinance was adopted on by an affirmative vote of a majority of the members of the Board at the special meeting of the Board on August 3, 2006, as follows: Name "Yes" "No' Absent Abstain Michael P. Simone x (YES) Dennis Bertron x (YES) Sharon Falcone x (YES) Julie Crowder x ABSENT)) Steve Curtis x (YES) Charlie Thomas, Jr. x (YES) Butch Waib x (YES) 4. Attached hereto as Exhibit A is the affidavit of publication of the Ordinance in the Farmer & Miner, a newspaper of general circulation within the Town on August 16, 2006. 5. Attached hereto as Exhibit B is the notice of the meeting of August 3, 2006, which was posted at the Town Hall not less then 24 hours in advance of the meeting. IN WITNESS WHEREOF , I have hereto set my hand and the seal of the Town this 3rd day of August, 2006. W Judy Hegwood Judy Hegwood, Town Clerk (SEAL) EXHIBIT A (Affidavit of Publication) EXHIBIT B (Attach Form of Notice of Meeting) First Publication August 16, 2006 Name of Publication Carbon Valley Farmer and Miner CASE NO.354619 key 31380 EXHIBIT B (Attach Form of Notice of Meeting) pubfin156 � 043_2. doc AGENDA Town of Firestone — Board of Trustees Special Meeting —151 Grant Avenue August 3, 2006 — 6:30 p.m. WORKSESSION AGENDA 1. Wendy Richards — Presentation of Sky Catcher Wireless Network 2. Sales Tax Presentation SPECIAL MEETING AGENDA 1. Central Park Resolution 2. Graffiti Ordinance 3. Peddlers Ordinance 4. Noise Ordinance 5. COP Refinance 6. Safeway Property 7. Executive Ses§on — Legal Advice on Weld County IGA 1 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2.56.030 OF THE FIRESTONE MUNICIPAL CODE REGARDING QUALIFICATIONS OF MEMBERS OF THE FIRESTONE PLANNING AND ZONING COMMISSION - WHEREAS, pursuant to applicable state law, the Town has previously created a Planning and Zoning Commission for the Town of Firestone; and WHEREAS, pursuant to C.R.S. § 31-23-203(4), and notwithstanding the provisions of C.R.S. §§ 31-23-203(1) and (3), the. Board of Trustees may provide by ordinance for the size, membership, designation of alternate membership, terms of office, removal, and filing of vacancies of the Planning and Zoning Commission; and WHEREAS, the Board of Trustees by this ordinance desires to revise the qualifications of membership of the Planning and Zoning Commission so that in addition to being bona fide residents of the Town in accordance with C.R.S. § 31-23-203 (2), members shall be bona fide residents of the Town for a period of at least one (1) year prior to appointment to the Planning and Zoning Commission; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Section 2:56.030 of the Firestone Municipal Code is hereby amended to read as follows (words added are underlined; words deleted are sue): 2.56.030 Qualifications of members. .All members of the planning and zoning commission shall be bona fide residents of the town fora period of at least one 1 ear Lnor to beginning the term to which the have been appointed, and if any member ceases to reside in the town, his or her membership shall immediately terminate. All members of the commission shall serve as such without compensation, and the appointed members shall hold no other municipal office, except that such members shall serve as members of the board of adjustment when the commission is acting as such board. 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. it 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. LN- TRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this day of , u r tA s-� 52006. TOWN OF FIRE TO , COLORADO 1RESTp ....,.. tiff r�w�►,.''s Michael P. Simone Mayor ATTES tdye od Clerk 8/3/2006 12:32 PM [a) 5:\FiredomkOrdinince6,P mningCommMDn(8.3.06).doc G ORDINANCE NO. 6 t"/ AN ORDINANCE AUTHORIZING THE SALE AND CONVEYANCE OF PROPERTY OR'NED BY THE TOWN AND DESCRIBED AS LOTS 2 AND 3, FIRESTONE SAFEWAY, TOWN OF FIRESTONE, COUNTY OF WELD, STATE OF COLORADO 'WHEREAS, the Town of Firestone is the owner of certain real property legally described as Lots 2 and 3, Firestone Safeway, Town of Firestone, County of Weld, State of Colorado, which is vacant land located generally at the northwest comer of the intersection of First Street and Grant Avenue (hereinafter "the Property"); and WHEREAS, the Board of Trustees desires to sell the Property and pursuant to Resolution No. o& .as , the Board of Trustees has approved a Contract to Buy and Sell Real Estate (hereinafter the "Contract") for sale of the Property to John L. Wright and H. Lindsay Wright for $436,500; and WHEREAS, the Board of Trustees desires to authorize the sale and conveyance of the Property in accordance with the terms and conditions of the Contract; and WHEREAS, the Board of Trustees has determined that the Property is not and will not be needed for any public purposes, and is not and will not be used or held for park purposes or any other governmental purpose; and WHEREAS, the Board of Trustees has determined that the Property was not acquired for any public, ' park or governmental purposes, and has not been previously used or held for any such purposes; 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: Seetionl. The Board of Trustees hereby approves the sale and conveyance from the Town to John L. Wright and H. Lindsay Wright and/or assigns (the "Purchaser") of the Property legally described as Lots 2 and 3, Firestone Safeway, Town of Firestone, County of Weld, State of Colorado, for a purchase price of $436,500. Minn I The sale and conveyance of the Property shall be upon the terms and conditions set -forth in that certain Contract to Buy and Sell Real Estate between the Town and the Purchaser,` which Contract was approved by Resolution No. and which terms and conditions are incorporated herein by reference as though set forth in full. 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 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. INTRODUCED, READ, PASSED ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 10` day of 4Lt q UZ- 2006. TONE �NIL, �a ST: WvL dy He ood Town Clerk 817f2006 11:24 AM[ed]]F:1Firmlonel0ndinanoe'J.a'brary Property Sale 2 TOWN OF FIRES Michael P. Mayor ORDINANCE NO. � /S AN ORDINANCE OF THE. BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLOR -ADO, AMENDING THE FIRESTONE MUNICIPAL CODE CONCERNING TOWN SALES AND USE TAXES TO PROVIDE A CREDIT AGAINST SALES AND USE TAXES DUE IF A CERTAIN PUBLIC IMPROVEMENTS FEE HAS BEEN PAID IN CONNECTION WITH THE DEVELOPMENT KNOWN AS FIRESTONE CITY CENTRE NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. Recitals. A. The Town is a municipal corporation of the State of Colorado. B. The Town desires to cooperate in the development of certain property within the Town known as Firestone City Centre and to cooperate in the funding of certain public improvements related to such development. The Town has therefore entered into an Amended and Restated Public Improvements Reimbursement Agreement, dated July 31, 2006 (the "Agreement"), by and among the Town, American Furniture Warehouse Co. ("AFW") and THE Firestone Development, L.L.C. ("TFD"). All capitalized terms used herein and not otherwise defined herein shall have the meanings set forth in the Agreement. C. Pursuant to the Declaration of Covenants Imposing and Implementing the Firestone City Centre Public Improvements Fee (the "PIF Covenant"), AFW and THE intend to impose a public improvements fee on certain sales or provisions of goods or services occurring within the property known as Firestone City Centre and described in the PIF Covenant as the Amended PIRA Property, and intend to impose a public improvements fee (on building materials only) on an applicant for a building permit within the Amended PIRA Property, which public improvements fees are to be used to contribute to the financing of public improvements within the Town. D. Pursuant to the Agreement, the Town desires to provide a tax credit against the, obligation to pay, collect and/or remit the sales and use tax to the Town for persons or entities who pay the portion of the public improvements fee defined in the Agreement as the Credit PIF. Section 2. Ratification. All actions heretofore taken (not inconsistent with the provisions of this Ordinance) by the Board of Trustees of the Town and other officers, employees and agents of the Town in connection with the Agreement and the implementation of the provisions thereof are hereby ratified, approved and confirmed. Section 3. Tax . Credit. Chapter 3.08 of the Firestone Municipal Code is amended by the addition of the following provision: Notwithstanding any other provisions of this Chapter, and in order to implement the provisions of the Amended and Restated Public Improvements Reimbursement Agreement, dated July 31, 2606 (the "Agreement"), by and among the Town, American Furniture Warehouse Co. and THE Firestone Development, L.L.C., there shall be granted to each person or entity obligated to pay, collect or remit the sales tax 'on the sale or provision of goods or services which are subject to Town sales taxes occurring within the Amended PIRA Property, as defined in the Declaration of Covenants Imposing and Implementing the Firestone City Centre Public Improvements Fee (the "PIF Covenant"), and incorporated herein by this reference, a tax credit against collection of the sales tax as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable sales tax rate in an amount equivalent to the rate of the Credit PIF, and shall attach to a particular transaction only to the extent that the .Credit PIF Revenues are received by the PIF Collecting Agent/Trustee for such transaction. Notwithstanding any other provisions of this Chapter, there shall be granted to each applicant for a building permit within the Amended PIRA Property a tax ,credit against the collection of the Town's use tax (on building materials only) as hereinafter set forth. Such tax credit shall be granted in the form of a reduction in the applicable use tax rate (on building materials only) in an amount equivalent to. the rate of the Credit PIF, and shall attach to a particular transaction only to the extent that the Credit PIF Revenues are received by the PIF Collecting Agent/Trustee for. such transaction. The tax credit for both the 1 sales tax and the use tax shall be automatic and shall take effect immediately upon -the applicable retailer's (as reflected on the retailer's periodic sales tax report) or building permit applicant's remittance to and receipt by the PIF Collecting Agent/Trustee of the Credit PIF Revenues m accordance with the PIF Covenant and the Agreement. The tax credit for both the sales tax and the use tax (on building materials only) shall be granted during the Credit PIF Period and shall terminate when the Credit PIF Period terminates. The amount of sales and use tax ' credit granted hereunder shall not exceed 1.25%. All capitalized terms used in this section and not otherwise defined herein shall have the meanings given to them in. the- Agreement. Section.4. Effect of Credit. The Town Council hereby determines that the creation or termination of this sales and use tax credit does not constitute a tax increase, the imposition of a new tax, or a tax policy change directly causing a net tax revenue gain to the' Town, and that nothing herein or in the Agreement creates a multiple fiscal year financial obligation or other indebtedness of the Town. Nothing herein, in the Agreement, or in the PIF Covenant prohibits the Town from amending or terminating this tax credit. Section 5. Repealer. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only .of such inconsistency. This repealer shall not be construed to revise any bylaw, order, . resolution or ordinance, or part thereof, heretofore repealed. Section 6. Effective Date of Amendment. The amendment to Chapter 3.08 of the Firestone Municipal Code and the tax credit granted in Section 3 hereof shall become effective on the date on which the PIF Covenant is recorded in the real property records of Weld County, Colorado. INTRODUCED, READ, ADOPTED, APPROVED AND ORDERED. PUBLISHED IN FULL THIS 24TH DAY OF AUGUST, 2006. TOWN OF FIRE 0 E, COLORADO ISSN ichael P. Simone . ..`� . Mayor A T. ky lHeood, C CERTIFICATE OF AUTHENTICITY STATE OF COLORADO ) TOWN OF FIRESTONE } SS: COUNTY OF WELD ) I, Judy L. Hegwood, Town Clerk, in and for said Town of Firestone, in the County of Weld, in the State aforesaid, do hereby certify that the attached is a true and c6frect copy of Ordinance No. 615, adopted by the Firestone Town Board of Trustees of the Town of Firestone, on the 240' day of August 2006. In witness whereof, I have hereunto set my hand and the seal of the Town of Firestone, this 6'h day of September 2006. roM-51��� ��RES TO TOWN TO SEAL SEAL