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HomeMy WebLinkAbout976 Firestone Development Code 06-24-2020ORDINANCE 11N 0. 976 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, REPEALING TITLES 16 AND 17 OF THE FIRESTONE MUNICIPAL CODE AND THE FIRESTONE DEVELOPMENT REGULATIONS IN THEIR ENTIRETY; REENACTING AND RETITLING TITLE 16 OF THE FIRESTONE MUNICIPAL CODE ADOPTING BY REFERENCE AND ESTABLISHING THE FIRESTONE DEVELOPMENT CODE AS THE OFFICIAL SUBDIVISION AND ZONING CODE FOR THE TOWN OF FIRESTONE CODIFIED PERTAINING TO THE REGULATION OF LAND USE AND DEVELOPMENT WITHIN THE TOWN OF FIRESTONE, COLORADO WHEREAS, the Board of Trustees of the Town of Firestone ("Town") and the Firestone Planning and Zoning Commission have determined that the Town's subdivision and zoning regulations contained in Titles 16 and 17 of the Firestone Municipal Code, entitled "Subdivisions" and "Zoning," respectively, are outdated and no longer meet the needs of the Town of Firestone; and WHEREAS, the Town intends to consolidate in one place and in logical order to avoid duplication and conflicts in terms and definitions all of its ordinances and regulations pertaining to land use and development, zoning districts that regulate and restrict the use of property for residential, commercial, industrial and other purposes, procedures for the submission, review and approval of site development plans, subdivision plats, initial zoning and rezoning, vested property rights and other development applications, and the administration and enforcement of such ordinances and regulations; and WHEREAS, the Town further desires to make available to all those who are concerned with land use and development to have access to the regulation thereof in one convenient ordinance, which is capable of being published and distributed as a separate and comprehensive segment of the Firestone Municipal Code as a whole; and WHEREAS, the Board of Trustees has determined that a unified development code, entitled "Firestone Development Code" ("FDC") is a critical tool in the implementation of the Town's updated master plans and the best means of implementing the Town's existing regulations related to zoning, platting and the development and use of land; and WHEREAS, the FDC is a compilation of development regulations included in zoning, subdivision, and other land use and development related ordinances and regulations, replacing the previously adopted zoning and subdivision ordinances that were found in Title 16 and Title 17 of the Firestone Municipal Code and the previously adopted Firestone Development Regulations, as originally adopted by Board of Trustees Resolution No. 13-22 and thereafter amended from time to time; and WHEREAS, the FDC has been designed to lessen congestion in the streets, to secure safety from fire, panic, and other dangers; and C WHEREAS, the FDC has been adopted to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of populations to conserve energy; to facilitate the adequate provisions of transportation, water, sewerage, schools, parks, and other public interests; and WHEREAS, the Town desires to achieve orderly urban development through land subdivision; to promote and develop land to attain the best possible community environment in accordance with the comprehensive plan; and to provide for adequate municipal services and safe streets; and WHEREAS, the Town of Firestone Planning and Zoning Commission held a public hearing on May 7, 2020 and May 21, 2020 with respect to the adoption of the Firestone Development Code, and has recommended to the Board of Trustees that it adopt the Firestone Development Code as the official zoning code of the Town, and that Titles 16 and 17 of the Firestone Municipal Code and the Firestone Development Regulations be repealed; and WHEREAS, the Board of Trustees held a public hearing on June 24, 2020 with respect to the adoption of the Firestone Development Code; and WHEREAS, the Board of Trustees finds and declares that adoption of the Firestone Development Code will promote the public health, safety, morals and general welfare of the Town's residents and inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Land Development Regulations for the Town of Firestone, as originally adopted by Resolution No. 13-22 and thereafter amended from time to time, are hereby repealed in their entirety. Section 2. Title 16, "Subdivisions," of the Firestone Municipal Code and Title 17, "Zoning," of the Firestone Municipal Code are hereby repealed in their entirety and re-enacted and re -titled as Title 16 of the Firestone Municipal Code, to read as follows: Title 16 — Firestone Development Code Chapter 16.04 —General Provisions 16.04.010 —Adoption of the Firestone Development Code. The unified development code as filed with the Town of Firestone Town Clerlc on June 24, 2020 and as provided in Exhibit A, attached hereto and made a part hereof, is hereby adopted in its entirety by reference as the official subdivision and zoning code for the Town of Firestone, to be known and may be cited as the "Firestone Development Code," as if fully set out in this codification. The Firestone Development Code and all amendments thereto shall be maintained in and kept current by the department of planning and development and shall be available to the public. 2 16.04.020 — Rezoning. A. Any land rezoned after June 24, 2020 shall not be rezoned to zone districts in the former Title 17. B. An application to rezone only a portion of all in a PUD zone district under the former Title 17 to a zone district in the Firestone Development Code need only be filed and signed by all owners or authorized representatives of the owners of the property within the subarea(s), platted lot(s), or metes and bounds parcel(s) of land proposed to be rezoned, and does not require all owners or authorized agents of the owners of property within the entirety of the land retaining such PUD zoning under the former Title 17 to file and sign the application. Any application submitted under this subsection (b) must utilize the procedures in the Firestone Development Code. C. Any land that remains zoned to PUD zoning under the former Title 17 or remains zoned to zone districts in the former Title 17 after June 24, 2020, if rezoned after June 24, 2020, may only be rezoned to zone districts in the Firestone Development Code utilizing the procedures of the Firestone Development Code. 16.04.030 —Official zoning and floodplain maps. A. The digital maps created and maintained by the department of planning and development and published by the Town delineating the boundaries of the various zone districts, together with all notations, matters and things shown on such maps, are hereby adopted and approved, incorporated herein and made a part hereof and collectively shall constitute the official zoning map of the Town of Firestone ("official zoning map"). The official zoning map may be amended from time to time as provided in the Firestone Development Code. All amendments to the official zoning map shall be maintained in and kept current by the department of planning and development and made available to the public. B. The digital maps created and maintained by the department of planning and development and published by the Town delineating the location and boundaries of the regulatory floodplain designated in the Firestone Development Code, together with all notations, matters and things shown on such maps, are hereby established, adopted and approved, incorporated herein and made a part hereof and collectively shall constitute the official floodplain maps of the Town of Firestone ("official floodplain map"). The official floodplain map may be amended from time to time as provided in the Firestone Development Code. The department of planning and development shall maintain and keep a copy of the official floodplain map and the amendments thereto. C. All land located within the Town of Firestone shown on the official zoning map as being zoned to a zone district in the Firestone Development Code is hereby rezoned as designated on the official map. All land within the Town of Firestone not being rezoned to a zone district in the Firestone Development Code shall retain its zoning under the former Title 17 as shown on the official map, until and unless rezoned. 3 D. Changes made in district boundaries or floodplain boundaries or other matter portrayed on the official zoning maps or official floodplain maps shall be made in accordance with the provisions of the Firestone Development Code. Section 3. Copies of the Firestone Development Code, as referenced herein, shall be available for inspection at the Office of the Town Clerk. 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 declare 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. Violations of this ordinance in addition to the penalties ser forth herein may be punishable in accordance with Section 1.16.010 of the Town of Firestone, Municipal Code. 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, APPROVED, AND ORDERED PUBLISHED IN FULL this � day of n , 2020. PASSED AND ADOPTED UPON READING AND ORDERED PUBLISHED this, 1' th day of , 2020 ATTEST: Mayor AS TO FORM: Town Attorney C!