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HomeMy WebLinkAbout965 Zoning Carbon Valley Pit AnnexationORDINANCE NO. 965 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, ZONING CERTAIN REAL PROPERTY FULLY DESCRIBED HEREIN, KNOWN AS THE CARBON VALLEY PIT ANNEXATION, TO PUD-EC (PLANNED UNIT DEVELOPMENT - EMPLOYMENT CENTER), AND APPROVING THE CARBON VALLEY PIT OUTLINE DEVELOPMENT PLAN WHEREAS, the Board of Trustees of the Town of Firestone, Colorado finds that a proper application for zoning certain land fully described and depicted on Exhibit A has been submitted by the applicant to the Town; and WHEREAS, the Subj ect Property was recently annexed to the Town by ordinance, and was previously zoned "A -Agriculture" under Weld County zoning regulations; and WHEREAS, the Planning and Zoning Commission of the Town of Firestone, after a public hearing held on January 9, 2020 and careful consideration of all relevant facts, has recommended approval of the requested zoning and the proposed Carbon Valley Pit Outline Development Plan to the Board of Trustees, subject to the Board of Trustees approving the annexation and approval of; and WHEREAS, the Board of Trustees, after providing notice as provided by law, has held a public hearing concerning the zoning request; and WHEREAS, the proposed initial zoning of the property is Planned Unit Development zoning classification with Employment Center (EC) land uses, and there has been prepared an Outline Development Plan in connection with the proposed zoning; and WHEREAS, the Planned Unit Development zoning classification is consistent with the Town's plan for the area encompassed by the Annexation; and WHEREAS, no protests were received by the Town pursuant to C.R.S. § 31-23-305; and WHEREAS, after reviewing the record of the Firestone Planning and Zoning Commission public hearing and the recommendation of the Firestone Planning and Zoning Commission Following such hearing, 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 proposed zoning request and Outline Development Plan meets the applicable requirements and standards set forth in the Firestone Municipal Code and Firestone Development Regulations, and further finds that it is in the public interest and reasonably necessary to zone the subject property to Town of Firestone PUD-EC (Planned Unit Development -Employment Center). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: 11 Section 1. The land described and depicted on Exhibit A, and known as the Carbon Valley Pit Annexation, shall be zoned PUD-EC (Planned Unit Development -Employment Center) Zoning District. Section 2. The Carbon Valley Pit Official Development Plan, attached hereto as Exhibit B, is hereby approved. Section 3. The Board of Trustees certifies a change in the Zoning Map zoning the properly described herein to Town of Firestone PUD-EC (Planned Unit Development -Employment Center). Section 4. 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 the Ordinance available to the public. Section 5. This zoning ordinance shall be effective on the sixtieth (60th) day following the date of final approval by the Board of Trustees of the Carbon Valley Pit Annexation, Ordinance No. 964, Section 6. 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 7. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this �i day of January, 2020. TOWN OF FIRESTONE, COLORADO ATTEST: APPROVED AS TO FORM: P. Hayashi, Town Attorney F` K&AL, /` 7L4% c� EXHIBIT A LEGAL DESCRIPTION Part of Lot B of Recorded Exemption No. 1311-6-2 RECX13-0023, a recorded exemption located in the NW1/4 of Section 6, T2N, R67W of the 6th P.M., County of Weld, State of Colorado, according to the plat recorded June 19, 2013, as Reception No. 3941557 of the records of Weld County, Colorado, described as follows: COMMENCING at the N1/4 Corner of said Section 6, from which the Northwest Corner of said Section 6 bears N8903010411W, 2503.05 feet (Basis of Bearing), thence N8903010411W, 45.28 feet along the North Line of the NW1/4 of said Section 6 to the Northeast Corner of said Lot B; Thence S00°57111"W, 36.80 feet along the Easterly Line of said Lot B to the Southerly Line of Weld County Road 26 Annexation No. 4, an annexation to the Town of Firestone recorded May 28, 2010, as Reception No. 3696276 of the records of Weld County, Colorado, and the POINT OF BEGINNING; The following courses and distances are along the Easterly, Southerly, and Westerly Lines of said Lot B: Thence continuing S00°57'11"W, 301.12 feet; Thence S15°13'26"W, 130.94 feet; Thence S02009'26"E, 523.68 feet; Thence SOl012'22"W, 254.00 feet; Thence S06048102"W, 96.36 feet; Thence S00044111"W, 421.85 feet; Thence S37025126"W, 25.30 feet; Thence S41047'3511W, 46.72 feet to a point of curve to the left; Thence Southwesterly, 78.07 feet along the arc of said curve to a point tangent, said arc having a radius of 180.00 feet, a central angle of 24°51'05", and being subtended by a chord that bears S2902210311W, 77.46 feet, Thence S16056'3011W, 20.61 feet to a point of curve to the right; Thence Southwesterly, 64.08 feet along the arc of said curve to a 0 point of reverse curve to the left, said arc having a radius of 140.00 feet, a central angle of 26°13133", and being subtended by a chord that bears S3000311711W, 63.52 feet, Thence Southwesterly, 132.94 feet along the arc of said curve to a point tangent, said arc having a radius of 450.00 feet, a central angle of 16055135", and being subtended by a chord that bears S34042117"W, 132.46 feet; Thence S26°14'29"W, 104.30 feet; Thence S31°08'54"W, 54.44 feet; Thence S35°51'35"W, 90.54 feet to a point of curve to the right; Thence Southwesterly, 139.50 feet along the arc of said curve to a point tangent, said arc having a radius of 150.00 feet, a central angle of 53017'06", and being subtended by a chord that bears S62030108"W, 134.53 feet, Thence S89°08'41"W, 143.86 feet; Thence S82°57'23"W, 116.61 feet; Thence S79°42'23"W, 35.80 feet to a point of curve to the right; Thence Westerly, 61.55 feet along the arc of said curve to a point tangent, said arc having a radius of 175.00 feet, a central angle of 20009102", and being subtended by a chord that bears S89046154"W, 61.23 feet; Thence N8000813511W, 60.13 feet to a point of curve to the left; Thence Westerly, 223.88 feet along the arc of said curve to a point of reverse curve to the right, said arc having a radius of 1180.00 feet, a central angle of 10052'14", and being subtended by a chord that bears N8503414211W, 223.54 feet; Thence Westerly, 71.96 feet along the arc of said curve to a point tangent, said arc having a radius of 250.00 feet, a central angle of 16029'31", and being subtended by a chord that bears N82046103"W, 71.71 feet; Thence N7403111711W, 30.86 feet to the Westerly Line of said Lot B, also being the Easterly Line of Brooks Farm First and Second Additions, an annexation to the Town of Firestone recorded June 5 15, 2001, as Reception No. 2857771 of the records of Weld County, Colorado; Thence N00°5645E, 2296.06 feet along the Westerly Line of said Lot B and along the Easterly Line of said Brooks Farm First and Second Additions to the Southerly Line of said Weld County Road 26 Annexation No. 4; Thence leaving the Westerly Line of said Lot B, S89°20'33"E11 1187.43 feet along the Southerly Line of said Weld County Road 26 Annexation No. 4 to the POINT OF BEGINNING. Area = 60.028 acres, more or less. 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