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HomeMy WebLinkAbout1040 Zoning Certain Land PUD Residential, PUD Neighborhood Center, and PUD Residential to Residential A Zone 01-24-2024ORDINANCE NO. 1040 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, FROM PUD RESIDENTIAL 1 (PUD R-1), PUD NEIGHBORHOOD CENTER (PUD NC), AND PUD RESIDENTIAL C (R- C) TO THE RESIDENTIAL A (R-A) ZONE DISTRICT AND NEIGHBORHOOD CENTER (NC) ZONE DISTRICT WHEREAS, Miller United Real Estate (the "Applicant"), on behalf of Jennie A. Horton, Thomas J. Horton, Vern Scott Hamiltori;'and Robert J. Hamilton Supplemental Needs Trust (collectively, the "Property Owner"), as, owners of certain real property located within the Town of Firestone, Colorado (the "Property"), has submitted a proposed rezoning for the Property (the "Application"); and WHEREAS, the Property is located in the PUD Residential 1 (PUD R-1), PUD Neighborhood Center (PUD NC), and PUD Residential C (PUD R-C) zone districts; and WHEREAS, Applicant has applied for the rezoning of the Property from PUD Residential 1 (PUD R-1), PUD Neighborhood Center (PUD NC), and PUD Residential C (PUD R-C) zone districts to Residential A (R-A) and Neighborhood Center (NC) zone districts; and WHEREAS, the Firestone Planning and Zoning Commission, at its meeting on January 18, 2024, conducted a public hearing on the Application, considered the testimony, evidence, and argument presented at that hearing, as well as the approval criteria set out in Section 16.7.4 of the Firestone Development Code; and rendered a decision recommending approval of the Application; and WHEREAS, on January 24, 2024, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, after reviewing the recommendation of the Firestone Planning and Zoning Commission, and after considering the testimony, evidence, and argument presented at the Board of Trustees public hearing, the Board of Trustees finds and determines that the Application is complete and that the Applicant has met the applicable requirements and standards set forth in Section 16.7.4 of the Firestone Development Code, including Step 9 of Section 16.7.4. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: r Section 1. The Board of Trustees acknowledges the Planning and Zoning Commission's findings and recommendation on this matter, as detailed in its Resolution No. PC-24-01. Section 2. The land legally described and depicted in the Coal Ridge Village Zoning Map, which is attached hereto as Exhibit A and incorporated herein by this reference, and which consists of approximately 28.04 acres, more or less, shall be zoned Town of Firestone Residential A (R-A), and Neighborhood Center (NC) Zoning District as shown in Exhibit A, subject to satisfaction of the following condition: a. All remaining technical corrections to the Coal Ridge Village Zoning Map requested by Town staff shall be made to the Town's satisfaction. Section 3. Upon the occurrence of the condition set forth in Section 2 above, the Board of Trustees certifies a change in the Zoning Map zoning of the property described herein to the Town of Firestone Residential A (R-A) Zoning District and Neighborhood Center (NC) Zoning District, as described and shown in Exhibits A, attached hereto. Section 4. Upon the occurrence of the condition set forth in Section 2 above, the Board of Trustees directs that a certified copy of this ordinance be filed with the Town Clerk and further, that the Town Clerk index, file, and make this ordinance and the Coal Ridge Village Zoning Map attached hereto as Exhibit A available to the public. 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. APPROVED, AND ORDERED PUBLISHED 2024. TO F FIRES ONE, COLORADO Drew Peterson, Mayor APPROVED A5PkO FORM: WAIN"Way—irown Attorney K�-EXHIBIT A Z.-I.. 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