HomeMy WebLinkAbout1022 Amend. Firestone Development Code 12-14-2022ORDINANCE NO. 1022
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO AMENDING SECTIONS 16.4.1, 16.4.2, 16.5.4,
16.6.2, 16.6.4, 16.6.7, 16.7.7, AND 16.11.3, AND TABLE 4-1 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 T11E
TOWN OF FIRESTONE, COLORADO: '
Section 1. Table 4-1 (Table of Dimensional Standards) of Section 16.4.1 of the
Firestone Development Code is repealed in its entirety and re-enacted to read as follows:
' Additions to the current text of the Code are indicated by underlinine, and deletions are indicated by �edgk.
w Multiple principal buildings an a single lot shall be separated a distance equal to the distance thatwould be required if they were
separated by a lot line.
dr Net area is the size of the lot, not to include tracts and streets and their right-of-ways.
G Single Family lots facing a Motor Court maybe reduced by 5 feet from their respective minimum lot widths.
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9 Zero lot line setbacks shall he permitted for attached buildings provided that the building meets the zone district interior lot line
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.
a Net area is the size of the lot; not to include tracts and streets and their right-of-ways.
Section 2. Section 16.4.2.A.l.b.iii, "Encroachments into Required Setbacks, General,"
of the Firestone Development Code is hereby amended to read as follows:
iii. Covered Decks, Covered Patios, and Exterior Balconies
Covered Decks, Covered Patios, and Exterior Balconies may encroach into a required rear setback
provided these encroachments are at least ten (10) feet from the rear lot line.
Section 3. Section 16.5.4.E.6, "Layout and Lot Design, Generally Lots," of the
Firestone Development Code is hereby amended to read as follows:
6. Each residential lot shall be provided with lot frontage on a street. Residential lots may be
permitted to front on common greens, parks, auto -courts, and other common areas located within
a tract with a minimum width of thirty (30) feet and subject to the provisions of this FDC. Non-
residential lots shall be provided with lot frontage on a street or private drive.
Section 4. Section 16.5.4.L, "Layout and Lot Design, Generally Cul-dc-sacs," of the
Firestone Development Code is hereby amended to read as follows:
6. Cul-de-sacs
All cut -de -sacs shall be designed in accordance with the Standards and Specifications of the Town
and the Fire District. A cul-de-sac on a local street shall not be longer than fie seven -hundred
and fifty (7500) feet and at the closed end shall provide a turnaround in a configuration approved
by the Town Engineer and Fire District. The cul-de-sac length shall be measured from the
centerline of the intersecting street to the centerline of the cul-de-sac turnaround.
Section 5. Section 16.5.4.L.1, "Layout and Lot Design, Generally —Water and
Wastewater Lines," of the Firestone Development Code is hereby amended to read as follows:
1. Oversizing Water and `xn,a -.,caste ester Lines
Oversizing of water lines may be required by the Town beyond the needs of the subdivision
development and standard Town specification. In such cases the applicant shall pay for the cost
of the line. In the event oversized utilities are required and are greater than twelve (12) inches in
diameter, applicants can initiate requests for oversize recovery or reimbursement following final
acceptance of the water line as part of an a Development Agreement. The method and time of
payment shall be established in accordance with the current policies of the Town and/or
agreement between the applicant and Board of Trustees.
Section 6. Section 16.6.2.D.2.a.i., "Arterials and Section Line Roadways," of the
Firestone Development Code is hereby amended to read as follows:
i. A minimum thirty (30) foot landscaped buffer shall be maintained on either side of the
arterial or section line roadway and located in a tract when adjacent to residential subdivisions and
within a tract or non-exclusive landscape easement when adjacent to non-residential subdivisions.
This buffer should utilize a variety of live plant material and berming to provide year-round visual
interest. A minimum ten (10) foot wide sidewalk shall be incorporated as an integral component
of the landscape buffer and landscape area within the right-of-way.
Section 7. Section 16.6.4.H.4, "Fencing and Walls —Location," of the Firestone
Development Code is hereby amended by the addition of a new subsection (d), to read as follows:
d. Fences shall be required adjacent to ditches when ditches are immediately adjacent to or in
close proximity to sidewalks, trails, and other pedestrian ways. Such fences shall conform to the
open space, parks, and trails fence standards.
Section 8. Section 16.6.7.D.I.b.v., "Diversification Standards," of the Firestone
Development Code is hereby amended to read as follows:
V. For unlisted, unique or miscellaneous products such as age restricted products, patio
homes, motor court products, or detached townhomes that are distinct from the housing types
above may be considered for designation as unique housing types through the Preliminary Plat,
Overlay Rezoning or PUD Rezoning processes.
Section 9. Section 16.6.7.F,., "Additional Standards for Single -Family Detached and
Attached Dwelling Units," of the Firestone Development Code is hereby amended by the addition
of a new subsection (6), entitled "Motor Court Designs," to read as follows:
6. Motor Court Designs
a. Residential housing products oriented around a Motor Court shall have the
following additional requirements:
i. The motor court, which includes the driveway on the shared tract and the
private garage aprons on private lots, shall consist of colored pavers
installed in decorative pattern;
ii. Each residential lot shall be provided with lot frontage on the motor court
which provides access to a public street;
iii. Dwellings in the middle and rear of the motor court shall be oriented
towards the motor court with both the primary pedestrian door and garage
facing the motor court;
iv. Dwellings on street side lots shall have the primary pedestrian door facing
the street and the garage door shall face the motor court;
V. The width of a two -car garage shall not exceed 67% of the width of the
elevation;
vi. Front doors shall be located within 8' of the face of the garage door and
porches shall project past the face of the garage by at least two (2) feet;
vii. A front porch that is a minimum of fifty (50) square feet and five (5) feet in
depth inclusive of the front stoop is required on all models not adjacent to
the street;
viii. Street side models shall include a wrap -around porch that extends a
minimum of twelve (12) feet wide on the side with a minimum depth of five
(5) feet. The porch shall be a minimum of 100 square feet inclusive of the
front stoop;
ix. Windows are required in the garage door;
X. No more than two (2) of the same model are permitted within a single motor
court; and
A. If two (2) of the same model do exist within the same motor court, they shall
be of different elevations.
Section 10. Section 16.7.7.B.1, "Applicability," of the Firestone Development Code is
hereby amended to read as follows:
1. Administrative Adjustments to Relieve Unnecessary Hardship
As part of the review and approval of any procedure set forth in this Chapter, the Board of Trustees
or the Director may approve adjustments of up to a maximum of ten (10) percent from the
following general development and zoning district standards, including Design Overlay (DO-) and
Planned Unit Development (PUD) District standards, provided that the applicable approval criteria
listed belew in Section 16.7.7.C.2 are met.
Section 11. Section 16.7.7.B.2, "Applicability," of the Firestone Development Code is
hereby amended to read as follows:
2. Minor Modifications to Ensure Compliance with Federal Law
a. Compliance with Federal Religious Land Use and Institutionalized Persons Act
of'2000 (RLUIPA).
The Board of Trustees or the Director may grant Minor Modifications to
any use, building form, or design standard stated in Chapters 3, 4, and 6 of
this FDC in order to eliminate a substantial burden on religious exercise as
guaranteed by the RLUIPA, as amended.
ii. In no circumstance shall the Board of Trustees or the Director approve an
adjustment that allows a religious assembly use, or any
uses/structures/activities accessory to it, in a zone district where this FDC
prohibits such use or accessory use/structure/activity.
iii. In granting an administrative adjustment, the Board of Trustees or the
Director may require conditions that will secure substantially the objectives
of the modified standard and that will substantially mitigate any potential
adverse impact on the environment or on adjacent properties, including but
not limited to additional landscaping or screening.
b. Reasonable Accommodations under Federal Fair Housing Act (FFHA)
The Board of Trustees or the Director may grant administrative adjustments
to provide reasonable accommodations under the FFHA. In the application
for an administrative adjustment under this subsection, the applicant shall
identify the type of housing being provided and cite the specific provisions
of the FFHA that require reasonable accommodations be made for such
housing. The Board of Trustees or the Director may grant the following
types of administrative adjustments to assure reasonable accommodations
required by law:
(A) Modify any minimum distance or spacing requirements, building
setback, height, open space or building coverage, or landscaping
requirement by no more than ten (10) percent; or
(B) Reduce any off-street parking requirement by no more than one (1)
space.
(C) The Board of Trustees or the Director may approve a type of
reasonable accommodation different from that requested by the
applicant if the Director concludes that a different form of
accommodation would satisfy the requirements of the FFHA with
fewer adverse impacts on adjacent areas. The decision of the
Director shall be accompanied by written findings of fact as to the
applicability of the FFHA, the need for reasonable accommodations,
and the authority for any reasonable accommodations approved.
Requests for types of accommodation that are not listed above may
only be approved through a Variance or Official Map Amendment
(Rezoning) process.
Section 12. Section 16.7.7.C, `Procedures as Modified," of the Firestone Development
Code is hereby repealed in its entirety and re-enacted to read as follows:
1. Step 8 (decision and Findings)
The following additional procedures shall apply:
a. Minor Modifications Approved by Director of Planning & Development
The Director may initiate or approve a Minor Modification permitted under this
Section on an application prior to approval if the request for such administrative
adjustment is submitted concurrently with any other required development
application.
b. Minor Modifications Approved by the Board of Trustees
The Board of Trustees may initiate or approve a Minor Modification permitted
under this Section on an application during consideration and approval of a
development application if the request for such administrative adjustment is
submitted concurrently with any other required development application.
C. Noted on Approving Documents
Any approved Minor Modifications shall be specified on the approved plat,
development plan, approval letter or approving document for which the
modifications were sought.
d. Conditions of Approval
The Board of Trustees or the Director may attach any condition to approval to a
Minor Modification reasonably necessary to protect the health, safety and welfare
of the community, to secure substantially the objectives of the modified standard,
and to minimize adverse impacts on adjacent properties.
2. Step 9 (Approval Criteria)
The Board of Trustees or the Director may approve the Minor Modification only upon finding that
at least one of the following Approval Criteria is met:
a. The adjustment is necessary to satisfy the federal requirements for reasonable
accommodation of housing for protected groups under the Federal Fair Housing
Act as provided in Section 7.7.13.2.13; or
b. The adjustment is necessary to eliminate a substantial burden on religious exercise
as guaranteed by the federal Religious Land Use and Institutionalized Persons Act
of 2000 as provided in Section 7.7.B.2.A.; or
C. All of the following criteria have been met:
i. The requested modification is generally consistent with the Town's
Comprehensive Master Plan and the stated purpose of this FDC;
ii. The requested adjustment is consistent with the stated intent and purpose of
the applicable zone district or approved PUD District Plan, if applicable;
iii. The requested modification meets all other applicable building and safety
codes;
iv. The requested modification does not encroach into an easement;
V. The requested modification will have no significant adverse impact on the
health, safety, or general welfare of surrounding property owners or the
general public, or such impacts will be substantially mitigated.
Section 13. Section 16.11.3 "Terms Defined," of the Firestone Development Code is
hereby amended by the addition of the 'following definition, to be inserted alphabetically and to
read as follows:
Density, Net
The total number of dwelling units per acre of the total land area to be developed excluding rights -
of -way, common areas, parks, open space, and recreational, civic, commercial, and other
nonresidential uses.
Section 14. Section 16.1 1.3, "Terms Defined," of the Firestone Development Code is
hereby amended by modifying the following definitions, to read as follows:
Density, Gross
The total number of dwelling units per gross acre of the total land area to be developed theorefeallp
pertflit4ed an a particular parcel based upon its size and zoning designation w4ile n6t taking into
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Limited Solid Material Fence
All fences, which have fifty (50) percent or less solid material will be considered "limited solid
material fences". Example: shain link rail fences or split rail fences.
Section 15. 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 16. 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 17. 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.
INTROCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED
IN FULL this day of j[, 2022.
SEpl'
ATT ST:
riwrrLuna Gonzalez, Acting Town Clerk
TOWN OF FIREST NE, COLORADO
Drew Peterson, Mayor
APPROVED AS R FORM:
Wi1Ham FH yasown Attorney