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HomeMy WebLinkAbout989 Zoning RC-Regional Commerical Turner Commons ODP 01-13-20214709344 04/28/2021 11:00 AM Total Pages: 3 Rec Fee: $23.00 Carly Koppes - Clerk and Recorder, Weld County, CO ORDINANCE NO.989 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO ZONING CERTAIN LAND, FULLY DESCRIBED HEREIN, TO TOWN OF FIRESTONE RC — REGIONAL COMMERCIAL ZONING DISTRICT; AND APPROVING AN APPLICATION TO AMEND THE TURNER COMMONS OUTLINE DEVELOPMENT PLAN WHEREAS, Quicktrip Corporation (the "Applicant"), who is the fee owner of certain real property described as Lot 2, Amended Recorded Exemption No. 1313-03-04-AmRE-626 (the "Property"), which is approximately 0.69 acres in size, has submitted an application for the initial zoning of the Property, and to amend the existing Turner Commons Outline Development Plan (the "ODP Amendment"), to add the Property to the original boundaries of the Turner Commons ODP (the "Application"); and WHEREAS, the ODP Amendment would modify the existing Turner Commons ODP to include the Property to the existing boundaries of the Turner Commons ODP. However, the ODP Amendment would not change the zoning, height, bulk, landscaping architectural or other land use or development standards of the Turner Commons ODP as it relates to other property for other allowable uses or other use areas throughout the Turner Commons ODP, as originally approved and contained in the Turner Commons Outline Development Plan; and WHEREAS, on January 13, 2021, the Board of Trustees conducted a public hearing on the Application; and WHEREAS, 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, 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: Section 1. The land described as Lot 2, Amended Recorded Exemption No. 1313-03-04- AmRE-626, which consists of approximately 0.69 acres, more or less, shall be zoned Town of Firestone RC (Regional Commercial) Zoning District. Section 2. The Turner Commons Outline Development Plan Amendment No. 1, attached hereto as Exhibit A, is hereby approved. As it relates to the Property, the Turner Commons Outline Development Plan Amendment No. 1 hereby extends the boundaries of the Turner Commons ODP area to include the Property and, to that extent, modifies and amends the approved Turner Commons Outline Development Plan. Except as explicitly provided in the ODP Amendment, the existing height, bulls, landscaping, architectural, or any other standards as it relates to the Property, along with the zoning or other land use standards for other use areas throughout the Turner Commons ODP, as originally approved and contained in the Turner Commons Outline Development Plan, remain in place and shall remain in full force and effect. In the event of any conflict between Turner Commons Outline Development Plan and the Turner Commons Outline Development Plan Amendment No. 1, the Turner Commons Outline Development Plan Amendment No. 1 shall prevail. 4709344 04/28/2021 11:00 AM Page 2 of 3 Section 3. The Board of Trustees certifies a change in the Zoning Map zoning the property described herein to Town of Firestone RC (Regional Commercial) Zoning District. Section 4. The Board of Trustees directs that a certified copy of this Ordinance be filed with the Town Cleric and further, that the Town Clerk index, file and make the Ordinance 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 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 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 BY TITLE this th day of 3 01JUar 51 2021. TOWN OF FIRESTONE, COLOR -ADO j r;bi ,ATTEST: / Jiss(ca Koenig, CAC Town PROVED®AS TO F William P. Hayashi, To Attorney 2 4709344 04/28/2021 11:00 AM Page 3 of 3 EXHIBIT A (ORDINANCE NO. 989) legal description of parcel to be annexed and zoned LOT 2, AMENDED RECORDED EXEMPTION NO. 1313-03-04-AMRE-626, ACCORDING TO THE PLAT THEREOF RECORDED 12/17/2009 AT RECEPTION NO. 3665637, WELD COUNTY, COLORADO 3