HomeMy WebLinkAbout982 - Ordinance Amending Title 16 FDC of Municipal Code 10-28-2020ORDINANCE N0.982
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO AMENDING SECTIONS 16.3.3, 16.4.2,16.6.49 16.6.6916.6.8,16.6.145 1647429
16.7.5916.11.3916.12.59 AND TABLES 44 AND 7.2 OF CHAPTER 16.04 (FIRESTONE
DEVELOPMENT CODE) OF TITLE 16 OF THE FIRESTONE MUNICIPAL CODE
WHEREAS, Chapter 16.04 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; and
WHEREAS, the Board of Trustees desires to amend various sections of the Firestone
Development Code as part of the Town's overall annual FDC update process that will guide the
growth and development of the Town and improve the administration of the FDC; and
WHEREAS, the Board of Trustees believes these amendments will improve the
understanding and administration of the Firestone Development Code with regard to those
regulations and their underlying goals.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO: I
Section 1. Section 16.3.3.G.l.d.i, "Accessory Dwelling Units," of the Firestone Development
Code is hereby amended to read as follows.
d. General Standards
All accessory dwelling units shall meet the following standards:
i. Districts Permitted
Accessory dwelling units shall be permitted as accessory uses to single-family detached
residential uses as depicted in Table 3-2. A minimum lot size of 5-,4w 4,500 square feet is
required.
Section 2. Section 16.3.3.G.5, "Keeping of Backyard Chicken Hens," of the Firestone
Development Code is hereby amended to read as follows:
5. Keeping of Backyard Chicken Hens
The keeping of backyard chicken hens shall be a permitted accessory use to single-family
detached dwelling units on lots greater than 5-,OW 4,500 square feet in lot area that meet
the following regulations:
' Additions to the cui7•ent text of the Code are indicated by underlining, and deletions are indicated by �+•�'-ugh .
Section 3. Table 4-1 is amended to appear as follows:
A. Dimensional and Density Standards
setback on the side of the building not attached_
® Multiple principal buildings on a single lot shall be separated a distance equal to the distance that would be required if they were
separated by a lot line.
0 Net area is the size of the lot; not to include tracts and streets and their right-of-ways.
Section 4. Section 16.4.2.A.l.b.ii, "General Setback Requirements," of the Firestone
Development Code is hereby amended to read as follows:
Unroofed Landings, Decks and Stairs
Unroofed landings, decks and stairs may encroach into side and rear required setbacks, provided
that the floor shall not extend higher than thirty (30) inches above the finished grade level and the
projection is at least five (5) feet from the lot line.
Section 5. Section 16.4.2.A.l.e of the Firestone Development Code is hereby deleted in its
entirety.
Section 6. Section 16.6.4.F.2, "General Landscaping Requirements and Standards," of the
Firestone Development Code is hereby deleted in its entirety and re-enacted to read as follows:
2. Artificial Materials
a. General Stajzdards
i. Location, materials, appearance, installation, and maintenance of artificial
turf areas shall comply with all requirements of this FDC.
ii. Artificial turf shall be natural in appearance and integrated into the overall
landscape design.
iiit Turf material and aggregate or infill materials shall not be toxic to humans
or pets or be harmful to the environment.
b. Locations
i. For single-family dwellings, artificial turf shall be limited to a maximum of
seventy-five (75) percent of the rear or side yard area. A minimum of twenty
(25) percent of the rear and side yard landscape area shall be permeable
surfaces with living and organic landscape material. The maximum area of
artificial turf shall consider other impervious surfaces such as patios and
wallcways to ensure a minimum of twenty-five (25) percent of the yard area
remains a permeable surface with living and organic landscape material.
ii. Artificial turf shall be permitted in multi -family residential and non-
residential developers pursuant to the requirements of this FDC.
iii. A minimum of three (3) foot buffer comprised of permeable surfaces with
living and organic landscape material shall be required between the edge of
the artificial turf and any property line.
iv. Artificial turf shall not be installed on slopes greater than a five to one (5:1)
slope.
v. Artificial turf placement, particularly under the dripline of trees, shall avoid
negative impacts to trees at the time of placement and during the lifespan of
the tree.
c. Materials
i. The blade material shall be made of either lead-free polyethylene,
polypropylene, vegetable based product or a blend of the three (3). Nylon
or other plastic shall be prohibited.
ii. Backing
(A) The backing shall be of a lead -flee polyethylene, polypropylene,
vegetable based product or a blend of the three. Felt backing is not
permitted
(B) The backing shall be permeable with holes spaced in a uniform grid
pattern not to exceed four (4) inches by six (6) inches on center.
Materials shall be protected with a minimum of an eight (8) year warranty.
iv. All materials shall be non-flammable.
d. Appearance
i. Blade yarn colors shall mimic natural turf including green blade color(s)
and include a tan thatch layer.
ii. Blade pile height shall be between one and three-quarters (1.75) inches and
three (3) inches.
. Pile face weight shall be at least seventy (70) ounces.
e. Installation
i. Artificial turf shall be installed in accordance with manufacturer
specifications.
ii. The drainage pattern of the lot shall not be impeded or altered by the
installation of artificial turf.
iii. Artificial turf shall be installed over a compacted and porous aggregate base
material that is a minimum of three (3) inches deep to allow for adequate
drainage both horizontally and vertically and to prevent excessive runoff or
pooling. Artificial turf shall not be installed over existing grass or
compacted dirt.
iv. Artificial turf shall be anchored at all edges and seams.
v. Artificial turf seams shall be taped or glued and not sewn.
vi. Artificial turf shall be separated from other landscape areas by a bender
board, concrete curbing or similar material to conceal edges of the turf.
f. Maintenance
i. Artificial turf shall be maintained in a manner to mimic healthy living turf.
ii. Artificial turf shall be cleaned as necessary and groomed to maintain its
appearance.
iii. Artificial turf areas shall not contain weeds, holes, tears, stains,
discolorations, seam separations, uplifted surfaces, heat degradation,
Aepressionsodorsexcessive wearor similar deformities and measures of
, , ,
deterioration. Damaged or worn areas shall be repaired or removed and
replaced in manner that results in consistent appearance with the existing
artificial turf.
Artificial turf shall be replaced after the life expectancy has been reached.
v. Infill material shall be anon -toxic anti -microbial material such as silica sand
or acrylic coated sand to prevent odors and bacteria formation. Crumb
rubber filler shall be prohibited.
g. Limitations
Artificial turf or other artificial materials shall not be used as a means of complying with
the live plant material landscaping regulations of this section
h. Permits
Any person seeking to install artificial turf must first apply for and obtain a permit from
the Town. All permit applications shall be submitted on a form supplied by the Town, and
for single-family dwellings no fee shall be required to issue a permit under this section
Section 7. Section 16.6.6.E.3, "Parking Alternatives," of the Firestone Development Code is
hereby amended to read as follows:
3. Old Town District Parking
a. Commercial Uses
There shall be no minimum off-street parking requirements for any commercial use
in the OTC district.
b. Residetatial Uses
There shall be minimum off-street parking requirements for any residential uses in
the OTR District and for non -conforming residential uses in the OTC
District. Old Tow districts.
Section 8. Section 16.6.8.C.8, "Standards for the Neighborhood Center (NC), Regional
Commercial (RC), and Public Land and Institutions (PLI)," of the Firestone Development Code is
hereby amended to read as follows:
8. Bright Colors
Intense, bright, or fluorescent colors shall not be used as the predominant color on any wall
or roof of any primary or accessory structure. These colors may be used as building accent
colors, but shall not constitute more than ten (10) percent of the area of each elevation of a
building. Permitted sign areas shall be exel aoa f •em included in this calculation.
Section 9. Section 16.6.14.A.3, "Existing Oil and Gas Wells and Production Facilities," of the
Firestone Development Code is hereby amended to read as follows:
3. In order to minimize the impact on streets and pedestrian paths and tracking of
debris onto streets and pedestrian paths, subdivision design shall provide the
following Town requirements and improvements for access roads to oil and gas
wells and associated production facilities:
a. Subdivision shall minimize the need for access roads to connect to streets
with local street classifications.
b. An access plan for the well and production facilities shall be submitted to
the Town identifying which local streets that are impacted by well access
needs. The streets identified shall be designed to address the weight load
requirements of the vehicles accessing the well and production facilities.
c. The well and production facilities access road shall be improved as a hard
surface (concrete or asphalt) for the first one -hundred (100J 2-00 feet from
the street, sidewalk, or trail and then improved as a crushed surface
(concrete or asphalt) for the next one -hundred (100) feet past the hard
surface in the appropriate depth to support the weight load requirements of
the vehicles accessing the well and production facilities.
d. The Town may require the developer to gate or restrict access (bollards) to
the access road to minimize unauthorized use of the access.
e. If an access road intersects with a pedestrian trail or walls, the developer
shall pave, as a hard surface (concrete or asphalt), the access road one -
hundred (100) feet either side of the trail or walk and if necessary, replace
the trail or walk to address the weight load requirements of the vehicles
accessing the well and production facilities.
f. All proposed access road changes or restrictions shall be approved by the
mineral right owner before Final Plat or Final Development Plan approval.
Section 10. Section 16.6.14.B.3, "Abandoned Oil and Gas Wells and Production Facilities," of
the Firestone Development Code is hereby amended to read as follows.
3. All subdivisions with wellheads abandoned and reclaimed in accordance with state
law and COGCC regulations shall use the following standards to plat lots and
streets:
a. Streets maybe platted over abandoned wellheads if conflicts do not occur
with infrastructure requirements within the street.
b. A non-residential lot may contain an abandoned wellhead. The plat shall
identify a building setback of fifty (50) feet from the monumented
abandoned wellhead
c. A residential lot one (1 acre or greater in area may contain an abandoned
wellhead. The Final Plat shall identify a building setback of fiftyL50) feet
from the monumented abandoned wellhead.
d. C-0 Abandoned wellheads, and the required setback of fifty (50) feet
surrounding the abandoned wellhead, shall not be located in single-family
lots.
e. 4-. Abandoned wellheads, and the required setback of fifty (50) feet
sui7•ounding the abandoned wellhead, shall not be located in multi -family
lots.
£ C-4 In subdivisions where an abandoned wellhead cannot be placed in a street
or non-residential lot meeting the standards of this Subsection; the
abandoned wellhead shall be placed in a tract. The abandoned wellhead and
required setback surrounding the abandoned wellhead may not be located
in a Town required park as outlined in Section 6.3. park-.
Section 11. Table 7.2 is amended to appear as follows:
NOTE: This table surnmarizes the processes and procedures wnL ned in Chapter 7,
Y = Yes — The Common Procedure Applies
VAX)
The Section listing the Additional or Modified Procedure for a Specl fic Application
B lank Field � Not Applicable
Step I Step 2
Step 3
COMP,
Step 4 Step 5 Step 6 Step 7 Step 8 Step 9
Step 10 Step 11 Step 12
Procedure
Pre-App Submittal
Cent,
Review
Notice Hearing Decisionj Approval
Findings Criteria
Conditions Amend Lapse,
Annexation
Y Y (7.3)
Y
Y (I Y (Z 3j 1 Y (7.3) 1 Y I Y (7.3) 1 Y (7.3)
Y p.3)
1 Y7(7.4)
Initial Zoning
Y
Y
Y
Y
Y
Y
Y
Y (7A)
Y (7.4)
YY
Rezoning
Y
Y
Y
Y
Y
Y
Y
Y (7A)
Y (7A)
YY
p_4)
Rezoning: Overlay
Y
Y(7.4)
Y
Y
Y
Y
Y
Y(7.4)
Y(7A)
Y
Y(TA)
Rezoning: PUD
Y (7.5)
Y (7.5)
Y
Y
Y
Y
Y
Y (7.5)
Y (7.5)
Y
Y (7.5)
SUUdrvWon:
Y
Y(7.6.C)
YY
Y
Y
Y
Yp.6_C)
Y(7.6.C)
YY(7.6A)
PreliminaryPlat
Subcfivislon: Final Plat
Y
Y (7.6.D)
Y
Y
aG
Y (7.6.D)
Y (7.6.D)
Y
Y
Y
SuMvisiomMinor Plat
Y
Y
Y
Y
Y
Y(7.6.E)
Y(7.6.E)
Y
Y
Y
Subdivision:
Y
y
y
y
y
y
Y
Y (7.6.F)
Y (7.6.F)
Y
Y
Y
Non -Residential Plat
Minor Modification
Y (7.7)
Y (7.7)
Variance
Y
Y
Y (7.8)
Y
aF
Y
Y
Y (7.8)
Y (7.6)
Y
Y (7.6)
Vacation
Y
Y
Y
Y4Z-O)
Y (7.91
Y (7.9)
Y (7.9)
Y
Final Development Plan
Y
Y
Y
Y
Y (7.10)
Y (7.10)
Y
Y (7.10)
Y (7_10)
Special Review Use
Y
Y
Y
Y
Y
Y
Y
Y(7.11)
Y(7.11)
Y
Y
Y(7.11)
Architectural Review
Y
Y
Y
Y
a
Y (7.12)
Y (7.12)
Y
Y
Y (7.12)
Temporary Use Permit
Y
Y (7.14)
Y
Y
Y (7.14)
Y (7.14)
Y
Y
Y (7.14)
Amendment to Text of
Y (T_19)
Y (7.19)
Y (7.19)
Y (7.19)
this FDC
Section 12. Section 16.7.2.A.3, "Step 1 (Pre -Application Conference)," of the Firestone
Development Code is hereby amended to read as follows:
3. Initiation of Pre -Application Conference
The applicant shall request a Pre -Application conference with the Planning &Development
Department_ and pay th;requiredfee, if appheable.With the request for a Pre -Application
conference, the applicant shall provide to the Planning & Development Department a description
of the character, location, and magnitude of the proposed development and any other supporting
documents, such as maps, drawings, models, and the type of application. It is the applicant's
responsibility to provide sufficiently detailed plans and descriptions of the proposal for staff to
malce the informal recommendations discussed below.
Section 13. Section 16.7.2.B.S.c, "Step 2 (Development Application Submittal)," of the
Firestone Development Code is hereby amended to read as follows:
c. Recovery of Costs
The applicant shall pay the development review fees and initial deposit imposed pursuant
to this Section at the time of submittal of any development application. The initial deposit
shall cover the costs billed by the Town for costs incurred, as required, for processing and
reviewing the development application, including attorney fees, review fees from
consultants acting as staff, referral agencies, or other fees. A r-eeevery agr-eome fl+ in a
brm-appr-Erved-by the Town Atte %ey must 13ritted wadi the appheatioll cnd
devTevzew —=ee--andeposit. This agreement requifes the aYpliea..t to .,e
.. . ,. „ 9 , , a All .., • a r n
^. Should the application be withdrawn at any time, the deposit shall be adjusted
to cover the Town's actual costs, including overhead, up to that time. Any funds remaining
on deposit at the time of the completion or withdrawal of the application shall be returned
to the depositor, after accounting for expenses incurred to date.
Section 14. Section 16.7.2.D, "Step 4 (Neighborhood Meeting)," of the Firestone Development
Code is hereby deleted in its entirety and re-enacted to read as follows:
D. Step 4: Application Referral, Review and Staff Report
After determining that a development application is complete, Town Staff shall process
the development application in the following manner.
1. Referral Packets
Staff shall notify the applicant of the type and number of copies of the application
and submittal information required for distribution to referral agencies. Staff shall
distribute the submittals to designated referral agencies for review.
2. Referral Review
Referral agencies shall provide comments to Town Staff on the applications)
within twenty-one (21) days of receiving a referral packet. The applicant is
encouraged to meet with referral agencies prior to the end of the referral period.
The applicant is required to pay fees assessed by referral agencies.
3. Resolution of Issues
Staff shall compile and review all referral comments and provide a copy of all
comments to the applicant. The applicant shall resolve outstanding issues to the
maximum extent reasonably practicable. The applicant shall provide the Town with
written responses addressing all referral and staff comment issues. At the discretion
of the Director, referral comments requiring significant changes to a development
application, plan or proposal may require re -referral to any and all referral agencies.
4. Staff Report
After staff has scheduled an application for a review or public hearing, staff shall
prepare a Staff Report. The Staff Report shall indicate whether, in the opinion of
the staff, the development application complies with all applicable standards of this
FDC. Staff may recommend approval, denial or conditions for approval may also
be recommended to eliminate any areas of non-compliance or mitigate any adverse
effects of the development proposal. The Staff Report shall be made available for
inspection and copying by the applicant and the public prior to the scheduled public
hearing on the development application.
Section 15. Section 16.7.2.E, "Step 5 (Application Referral, Review and Staff Report)," of the
Firestone Development Code is hereby deleted in its entirety and re-enacted to read as follows:
E. Step 5: Neighborhood Meeting
In general, the Neighborhood Meeting should occur after the applicant has received the
first round of referral responses as outlined in Subsection 7.2.D above.
1. Purpose
The purpose of a neighborhood meeting is to provide an informal opportunity to
inform the residents and landowners of the surrounding neighborhood(s) of the
details of a proposed development and application, how the developer intends to
meet the standards contained in this FDC, and to receive public comment and
encourage dialogue at an early time in the review process. No decision regarding
the application will be made at the Neighborhood Meeting.
2. Applicability
A neighborhood meeting shall be required for any development proposal that will
be subject to Planning & Zoning Commission and/or Board of Trustees review,
unless otherwise indicated in this Chapter. However, the Director may waive the
neighborhood meeting requirement if it is determined that the development
proposal would not have significant impacts in any of the areas listed below. The
waiver shall be in writing and shall be included as part of the case record.
a. Traffic;
b. Natural resources protected under this FDC;
c. Provision of public services such as safety, schools, or parks;
d. Compatibility of building design or scale; or
e. Operational compatibility, such as lighting, hours of operation, odors, noise,
litter, or glare.
3. Notice of Neighborhood meeting
The applicant shall give mailed and posted notice of the neighborhood meeting to
property owners, pursuant to the general notice provisions of Subsection 7.2.F. An
affidavit shall be submitted to the Town, by the applicant, stating that the notice
requirement has been met.
4. Attendance at Neighborhood Meeting
If a neighborhood meeting is required, the applicant or applicant's representative
shall attend the meeting. The applicant shall be responsible for scheduling the
meeting, coordinating the meeting, and for retaining an independent facilitator if
needed. Attendance at the meeting by Town Staff is not required.
5. Summary of Neighborhood Meeting
The applicant shall prepare a written summary including a list of attendees of the
neighborhood meeting. The written summary shall be provided to Town Staff prior
to noticing of any public hearing and included in the case record.
Section 16. Section 16.7.2.L, "Step 12 (Lapse)," of the Firestone Development Code is hereby
amended to read as follows:
L. Step 12: Lapse
1. If applicable, the lapse of approval time frames established by the
procedures of this FDC may be extended only when all of the following
conditions exist:
a. The provisions of this FDC must expressly allow the extension;
b. An extension request must be filed prior to the applicable lapse -of -
approval deadline,
c. The extension request must be in writing and include justification;
and
d. Unless otherwise noted, authority to grant extensions of time shall
rest with the decision -making body that granted the original
approval.
2. The conditions of such approvals (if applicable) shall be met within ninety
(90) days of approval. The approved documents shall be recorded (if
applicable) within ninety (90) days of approval or as otherwise approved by
the Decision -Making Body. Upon written request by the applicant, the
Director may grant one (1) extension for a maximum of ninety (90) days
due to unique circumstances that make it impractical to meet conditions of
approval or record the approved documents within ninety (90) days from
approval.
3. Approvals of land use applications shall be null and void and shall
automatically lapse if not completed or recorded within the approval time
frames established by the procedures of this FDC.
Section 17. Section 16.7.S.B.S, "Step 11 (Minor Modifications and Amendments)," of the
Firestone Development Code is hereby amended to read as follows:
5. Step 11: (Minor Modifications and Amendments)
a h. Any changes that constitute amendments under Section 2.S.D.7 require the
filing of new application for a PUD District, subject to the submittal
requirements listed above in Section 7.5.B.2., and shall follow the process
identified in Subsection 7.5.B. The Board of Trustee's action regarding an
application for an amended PUD-DP shall be by ordinance, following a
recommendation from the planning commission.
Section 18. Section 16.7.5.B.6.a, "Step 12 (Lapse)," of the Firestone Development Code is
hereby amended to read as follows:
6. Step 12: (Lapse)
Applicable, as modified:
a. The PUD-DP and other appropriate associated documents to the approved
PUD zone district shall be recorded within ninety (90) days of approval or
as otherwise approved by ordinance, unless stated otherwise in such
approval. Upon written request by the applicant or staff, the Director may
grant two (2) extensions for a maximum of sixty (60) days each due to
unique circumstances that make it impracticable to file the documents.
Section 19. Section 16.11.3, "Terms Defined," of the Firestone Development Code is hereby
amended to add the following definitions, to be inserted alphabetically:
Fire District.
The Frederick -Firestone Fire Protection District.
HOA/Metro District Facility
A building, structure or facility available for recreational clubs and activities. Such uses
commonly include gathering areas, tennis courts, swimming pools, restaurants for members and
guests only, and gymnasiums. Such uses may be either public or private, but typically are intended
only for the residents and guests of a particular residential development or neighborhood and
typically owned or operated by a Homeowners' Association or Metropolitan District.
Recreation Center
A facility primarily featuring equipment for exercise and other active physical fitness conditioning
or recreational sports activities, such as swimming, skating, racquet sports, aerobic dance,
gymnasium facilities, yoga, and other kinds of sports and fitness facilities
Section 20. Section 16.11.3, "Terms Defined," of the Firestone Development Code is hereby
amended by deleting the terms "neighborhood recreation center," "fitness and recreational sports
center," and "approach surface" in their entirety.
Section 21. Section 16.11.3, "Terms Defined," of the Firestone Development Code is hereby
amended by modifying the following definons, to read as follows:
Recreation and Entertainment, Indoor
Indoor Recreation and Entertainment uses provide recreation or entertainment activities within
an enclosed environment. Accessory uses may include concessions, snack bars, parking, and
maintenance facilities. Specific use types include, but are not limited to: Adult Amusement or
Entertainment; Commercial Amusement, Indoor; Fitness andRecreationalSports Center;
Shooting Range, Indoor; or Sports Arena.
Subdivision (lot line adjustment)
A consolidation of two (2) or more, but not more than six (6), previously platted lots for the
purpose of creating a single lot; or the division of a single previously platted lot into two 2 lots;
or the adjustment of nronerty boundary lines between four (4) or fewer existing adioininQ
lots.lets:
Section 22. Section 16.12.5.A.9(e), "Additional Design Requirements," of the Firestone
Development Code is hereby amended to read as follows:
e. Related Accessory Equipment. Accessory equipment for all WCFs shall meet the
following requirements:
i. All buildings, shelter, cabinets, and other accessory components shall be
grouped as closely as technically possible;
ii. The total footprint coverage area of the WCFs accessory equipment shall
not exceed 350 square feet unless approved by the hireet r +t1,.,.,,gt,
Altemative Equivalent f
iii. No related accessory equipment or accessory structure shall exceed 12 feet
in height
iv. Accessory equipment, including but not limited too remote radio units, shall
be located out of sight whenever possible by locating behind parapet walls
or within equipment enclosures. Where such alternate locations are not
available, the accessory equipment shall be camouflaged or concealed.
Section 23. 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 24. 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 25. 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 thisdqth day of , 2020.
TOWN OF FIRESTONE, COLORADO
APP VED 01�7oA'ttcrney
0
William P. Ha