HomeMy WebLinkAboutPC 24-05 Planning and Zoning Commission Recommending to Approve an Ordinance Amending Title 16 of the Municipal Code 09-05-2024RE SOLUTION NO. PC-24-05
A RESOLUTION OF THE FIRESTONE PLANNING & ZONING COMMISSION
RECOMMENDING THAT THE BOARD OF TRUSTEES APPROVE AN ORDINANCE
AMENDING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE
WHEREAS, a Unified Development Code ("UDC") has been identified as a critical tool
in the implementation of the Town's updated master plans; and
WHEREAS, the UDC, entitled the Firestone Development Code ("FDC") establishes land
use regulations and promotes orderly development within the Town of Firestone; and
WHEREAS, the FDC is a compilation of development regulations included in zoning,
subdivision, and other land use and development related ordinances and regulations; and
WHEREAS, the Town of Firestone identifies a benefit to amend certain provisions of Title
2 and Title 16 to address the efficacy of administering the FDC and to guide the growth and
development of the Town; and
WHEREAS, the Firestone Planning & Zoning Commission has reviewed the draft
amendments to the FDC, and considered the merits of these amendments in a public hearing on
September 5, 2024; and
WHEREAS, the Firestone Planning and Zoning Commission wishes to make a
recommendation to the Board of Trustees regarding the amendments.
NOW, THEREFORE, BE IT RESOLVED BY THE FIRESTONE PLANNING &
ZONING COMMISSION:
1. That the Firestone Planning & Zoning Commission recommends approval of an ordinance
amending Title 16 of the Firestone Municipal Code as detailed in Exhibit A.
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Secretary
EXHIBIT A
ORDINANCE NO. 1047
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, AMENDING TITLE 2 (ADMINISTRATION AND PERSONNEL) AND
SECTION 16.8 AND TABLES 3-2 AND 7.1 OF CHAPTERS 3 AND 7 OF TITLE 16
(FIRESTONE DEVELOPMENT CODE) OF THE FIRESTONE MUNICIPAL CODE,
PERTAINING TO THE BOARD OF ADJUSTMENT AND LARGE FAMILY HOME
DAYCARES
WHEREAS, Title 16 of the Firestone Municipal Code was enacted to adopt the Firestone
Development Code ("FDC"), which establishes comprehensive regulations pertaining to the use
and development of land within the Town of Firestone, along with procedures for review and
approval of all applications for development activity within the Town, including staff and review
board assignments and decision -making responsibilities; and
WHEREAS, the establishment, composition and governance of a planning and zoning
commission and a board of adjustment are matters of local concern; and
WHEREAS, establishing the original and appellate jurisdiction of decision -making bodies
in FDC administration, including the interpretation of the FDC and the power to grant variances,
is a matter of local concern; and
WHEREAS, the Board of Trustees desires to amend certain provisions of Title 2 and Title
16 to address the efficacy of administering the FDC and to guide the growth and development of
the Town; and
WHEREAS, the Board of Trustees believes these amendments will improve the
understanding and administration of the FDC regarding those regulations and their underlying
goals; and
WHEREAS, the Board of Trustees finds and declares this ordinance promotes the public
health, safety and welfare of the public, including but not limited to its citizens and residents.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. Chapter 2.40, "Board of Adjustment," of the Firestone Municipal Code is
repealed in its entirety and reserved as follows:
Chapter 2.40 — Reserved.
Section 2. The "Family Child Care Home (large)" accessory use category row within
Table 3-2 (Table of Accessory Uses) of Section 16.3.3 of the Firestone Development Code is
repealed in its entirety and replaced to read as follows:
Section 3. The "Board of Adjustment" column for the "Variance" row within Table
7.1 (Summary of Administration and Roles) of Section 16.7.1 of the Firestone Development Code
is repealed in its entirety and replaced to read as follows:
Section 4. Section 16.8.2, "Board of Adjustment," is repealed in its entirety and
replaced to read as follows:
Section 16.8.2 Board of Adjustment.
A. Established. The Board of Adjustment is hereby established. The powers, duties and
responsibilities provided by Section 31-23-307(1), C.R.S., as amended, are hereby vested
in the Planning and Zoning Commission, which shall serve and act as the Board of
Adjustment for the Town.
B. Review and decision -making responsibilities. The Board of Adjustment shall have the
review and decision -making responsibilities set forth in Table 7.1-1.
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 will 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 was declared unconstitutional or invalid.
Section 6. Violations of this ordinance shall be punishable in accordance with Section
1.16.010 of the Municipal Code of the Town of Firestone, Colorado.
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.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED BY
TITLE this _ day of , 2024.
TOWN OF FIRESTONE, COLORADO
Don Conyac Jr., Mayor
ATTEST:
Miriam Luna Gonzalez Town Clerk
APPROVED AS TO FORM:
William P. Hayashi, Town Attorney