13-22 Approving Amendments to the Firestone Development RegsFirestone
Development Regulations
May 2013 (TB Resolution No. 13-22) i
FIRESTONE DEVELOPMENT REGULATIONS
Town Board Resolution No. 13-22, approving amendments to the Firestone Development
Regulations for Development Projects within the Town of Firestone adopted May 22nd, 2013.
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1.0 Introduction ........................................................................................................................ 1
1.1 Application to Town Projects ................................................................................ 1
2.0 Development Application Process ................................................................................... 2
2.1 General Development Assistance ........................................................................ 2
2.2 Pre-Application Conference .................................................................................. 2
2.3 Codes, Policies and Controlling Documents ....................................................... 3
2.4 Fees and Charges .................................................................................................. 3
2.5 Development Application Form ............................................................................ 3
2.6 Duplication of Submittal Requirements ............................................................... 4
2.7 Neighborhood Meeting .......................................................................................... 4
2.8 Planning Commission and Town Board Schedules ........................................... 5
2.9 Development Review Scheduling ......................................................................... 6
2.10 Graphic Convention and Document Submittal Protocol .................................... 7
2.11 Protocol Regarding Title Commitments ............................................................. 10
3.0 Public Hearings and Meetings ........................................................................................ 11
3.1 Notification ............................................................................................................ 11
3.2 Public Hearing Testimony Format ...................................................................... 11
3.3 Executive Sessions .............................................................................................. 13
3.4 Public Meetings .................................................................................................... 13
4.0 Annexation ....................................................................................................................... 14
4.1 Pre-Application Submittal Conference ............................................................... 14
4.2 Application Notebook .......................................................................................... 14
4.3 Development Cost Agreement ............................................................................ 14
4.4 Vicinity Map .......................................................................................................... 15
4.5 Annexation Petition .............................................................................................. 15
4.6 Annexation Agreement ........................................................................................ 15
4.7 Title Commitment ................................................................................................. 15
4.8 Legal Description ................................................................................................. 15
4.9 Tax Certificate ...................................................................................................... 16
4.10 Water Rights Questionnaire ................................................................................ 16
4.11 Fiscal Impact Analysis ......................................................................................... 16
4.12 Environmental Assessment ................................................................................ 16
4.13 Response Letter ................................................................................................... 16
4.14 Annexation Map .................................................................................................... 16
4.15 Outline Development Plan ................................................................................... 20
4.16 First Application Submittal .................................................................................. 20
4.17 Application Review by Staff ................................................................................ 20
4.18 Application Substantially Complete ................................................................... 20
4.19 Review Comments to Applicant .......................................................................... 20
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4.20 Second Submittal Requirements ........................................................................ 20
4.21 Processing Schedule ........................................................................................... 20
4.22 Referral Mailings .................................................................................................. 21
4.23 Resolution of Substantial Compliance ............................................................... 21
4.24 Neighborhood Meeting ........................................................................................ 21
4.25 Annexation Impact Report ................................................................................... 21
4.26 Publications .......................................................................................................... 21
4.27 Notification to Owners of Interest and to Mineral Estate Owners ................... 22
4.28 Notification to Surrounding Property Owners ................................................... 23
4.29 Special District Inclusion Certifications ............................................................. 23
4.30 Property Posting .................................................................................................. 23
4.31 Posting Log ........................................................................................................... 24
4.32 Staff Report for the Planning Commission ........................................................ 24
4.33 Planning Commission Meeting ........................................................................... 24
4.34 Third Submittal Requirements ............................................................................ 25
4.35 Staff Report for the Town Board ......................................................................... 25
4.36 Town Board Meeting ............................................................................................ 25
4.37 Final Document Preparation, Review and Recording ....................................... 26
4.38 Publication of Ordinances ................................................................................... 27
5.0 Zoning ............................................................................................................................ 28
5.1 Standard Zoning Districts ................................................................................... 28
5.2 Vested Rights ....................................................................................................... 28
6.0 Planned Unit Developments ........................................................................................... 29
6.1 Intent ...................................................................................................................... 29
6.2 General Provisions ............................................................................................... 30
6.3 Pud Zoning ............................................................................................................ 30
6.4 Pud Density ........................................................................................................... 31
6.5 Size of a Pud ......................................................................................................... 31
6.6 Conditions and Standards for Approval ............................................................ 31
6.7 Amendments to an Outline Development Plan ................................................. 34
6.8 Amendments to the Preliminary Development Plan ......................................... 34
6.9 Amendments to the Final Development Plan .................................................... 35
6.10 Recording of Amendments ................................................................................. 36
6.11 Temporary Structures .......................................................................................... 36
6.12 Temporary Uses ................................................................................................... 36
6.13 Control of Development ....................................................................................... 39
6.14 Variances .............................................................................................................. 39
7.0 Outline Development Plan .............................................................................................. 40
7.1 Pre-Application Submittal Conference ............................................................... 40
7.2 Application Notebook .......................................................................................... 40
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7.3 ODP Cover and Text Sheets ................................................................................ 41
7.4 ODP Map Sheets ................................................................................................... 45
7.5 First Submittal Requirements ............................................................................. 47
7.6 Application Review By Staff ................................................................................ 47
7.7 Application Substantially Complete ................................................................... 47
7.8 Review Comments to Applicant .......................................................................... 47
7.9 Second Submittal Requirements ........................................................................ 48
7.10 Processing Schedule ........................................................................................... 48
7.11 Referral Mailings .................................................................................................. 48
7.12 Neighborhood Meeting ........................................................................................ 48
7.13 Publications .......................................................................................................... 48
7.14 Notification to Owners of Interest and to Mineral Estate Owners ................... 49
7.15 Notification to Surrounding Property Owners ................................................... 50
7.16 Special District Inclusion Certifications ............................................................. 50
7.17 Property Posting .................................................................................................. 50
7.18 Posting Log ........................................................................................................... 51
7.19 Staff Report for the Planning Commission ........................................................ 51
7.20 Preparation for Planning Commission ............................................................... 51
7.21 Planning Commission Meeting ........................................................................... 51
7.22 Third Submittal Materials .................................................................................... 52
7.23 Publications .......................................................................................................... 52
7.24 Notification to Owners of Interest and to Mineral Estate Owners ................... 52
7.25 Notification to Surrounding Property Owners ................................................... 53
7.26 Property Posting by Applicant ............................................................................ 53
7.27 Posting Log ........................................................................................................... 54
7.28 Staff Report for the Town Board ......................................................................... 54
7.29 Preparation for the Town Board Hearing ........................................................... 54
7.30 Town Board Meeting ............................................................................................ 54
7.31 Final Document Preparation, Review and Recording ....................................... 56
7.32 Publication of Ordinances and Referendum Period ......................................... 56
8.0 Preliminary Development Plan ....................................................................................... 57
8.1 Pre-Application Submittal Conference ............................................................... 57
8.2 Application Notebook .......................................................................................... 57
8.3 Response Letter ................................................................................................... 60
8.4 PDP Cover and Text Sheets ................................................................................ 60
8.5 PDP Map Sheets ................................................................................................... 68
8.6 First Submittal Requirements ............................................................................. 75
8.7 Application Review by Staff ................................................................................ 75
8.8 Application Substantially Complete ................................................................... 76
8.9 Review Comments to Applicant .......................................................................... 76
8.10 Second Submittal Requirements ........................................................................ 76
8.11 Referral Mailings .................................................................................................. 76
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8.12 Processing Schedule ........................................................................................... 76
8.13 Neighborhood Meeting ........................................................................................ 77
8.14 Publications .......................................................................................................... 77
8.15 Notification to Owners of Interest and to Mineral Estate Owners ................... 77
8.16 Notification to Surrounding Property Owners ................................................... 78
8.17 Property Posting .................................................................................................. 78
8.18 Posting Log ........................................................................................................... 79
8.19 Staff Report for The Planning Commission ....................................................... 79
8.20 Preparation for Planning Commission ............................................................... 79
8.21 Planning Commission Meeting ........................................................................... 79
8.22 Third Submittal Materials .................................................................................... 80
8.23 Publications .......................................................................................................... 80
8.24 Notification to Owners of Interest and to Mineral Estate Owners ................... 80
8.25 Notification to Surrounding Property Owners ................................................... 81
8.26 Property Posting by Applicant ............................................................................ 81
8.27 Posting Log ........................................................................................................... 82
8.28 Staff Report for the Town Board ......................................................................... 82
8.29 Preparation for the Town Board Hearing ........................................................... 82
8.30 Town Board Meeting ............................................................................................ 82
8.31 Final Document Preparation and Review ........................................................... 83
9.0 Preliminary Plat ................................................................................................................ 85
9.1 Pre-Application Submittal Conference ............................................................... 85
9.2 Application Notebook .......................................................................................... 85
9.3 Response Letter ................................................................................................... 87
9.4 Preliminary Plat Map Sheets ............................................................................... 87
9.5 Utility Plans ........................................................................................................... 93
9.6 Processing ............................................................................................................ 93
10.0 Final Development Plan .................................................................................................. 94
10.1 Overall FDP ........................................................................................................... 94
10.2 Pre-Application Submittal Conference ............................................................... 94
10.3 Application Notebook .......................................................................................... 94
10.4 Response Letter ................................................................................................... 97
10.5 FDP Cover and Text Sheets ................................................................................ 97
10.6 FDP Map Sheets ................................................................................................. 106
10.7 First Submittal Requirements ........................................................................... 114
10.8 Application Review by Staff .............................................................................. 114
10.9 Application Substantially Complete ................................................................. 114
10.10 Review Comments to Applicant ........................................................................ 115
10.11 Second Submittal Requirements ...................................................................... 115
10.12 Referral Mailings ................................................................................................ 115
10.13 Processing Schedule ......................................................................................... 115
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10.14 Neighborhood Meeting ...................................................................................... 115
10.15 Publications ........................................................................................................ 116
10.16 Notification to Owners of Interest and Mineral Estate Owners ...................... 116
10.17 Notification to Surrounding Property Owners ................................................. 117
10.18 Property Posting ................................................................................................ 118
10.19 Posting Log ......................................................................................................... 118
10.20 Staff Report for the Planning Commission ...................................................... 118
10.21 Planning Commission Meeting ......................................................................... 118
10.22 Third Submittal Materials .................................................................................. 119
10.23 Publications ........................................................................................................ 119
10.24 Notification to Owners of Interest and to Mineral Estate Owners ................. 120
10.25 Notification to Surrounding Property Owners ................................................. 120
10.26 Property Posting by Applicant .......................................................................... 120
10.27 Posting Log ......................................................................................................... 121
10.28 Staff Report for the Town Board ....................................................................... 121
10.29 Town Board Meeting .......................................................................................... 121
10.30 Final Document Preparation, Review and Recording ..................................... 122
10.31 Publication of Ordinances and Referendum Period ....................................... 123
11.0 Final Plat ......................................................................................................................... 124
11.1 Pre-Application Submittal Conference ............................................................. 124
11.2 Application Notebook ........................................................................................ 124
11.3 Response Letter ................................................................................................. 127
11.4 Final Plat Map Sheets ........................................................................................ 127
11.5 Utility Plans ......................................................................................................... 132
11.6 Subdivider’s Agreement .................................................................................... 133
11.7 Improvements ..................................................................................................... 133
11.8 Contractor's License .......................................................................................... 133
11.9 Maintenance ........................................................................................................ 133
11.10 Transfer and Warranty ....................................................................................... 133
11.11 Processing .......................................................................................................... 134
11.12 Deposit for Incremental Drilling Costs ............................................................. 134
12.0 Minor Subdivision .......................................................................................................... 135
12.1 Pre-Application Submittal Conference ............................................................. 135
12.2 Application Notebook ........................................................................................ 135
12.3 Response Letter ................................................................................................. 136
12.4 Final Plat Map Sheets ........................................................................................ 136
12.5 Subdivider’s Agreement .................................................................................... 142
12.6 Processing .......................................................................................................... 142
13.0 Preliminary Utility Plans ................................................................................................ 143
13.1 Pre-Application Submittal Conference ............................................................. 143
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13.2 Application Notebook ........................................................................................ 143
13.3 Response Letter ................................................................................................. 145
13.4 Preliminary Utility Plan Sheets ......................................................................... 145
13.5 Preliminary Utility Plan Processing .................................................................. 148
14.0 Final Utility Plans ........................................................................................................... 149
14.1 Pre-Application Submittal Conference ............................................................. 149
14.2 Application Notebook ........................................................................................ 149
14.3 Response Letter ................................................................................................. 151
14.4 Final Utility Plan Sheets ..................................................................................... 151
14.5 Subdivider’s Agreement .................................................................................... 158
14.6 Final Utility Plan Processing ............................................................................. 158
15.0 Permitted Uses Within A Pud ....................................................................................... 160
15.1 Land Use Categories .......................................................................................... 160
15.2 Employment Center ........................................................................................... 160
15.3 Regional Commercial ......................................................................................... 162
15.4 Neighborhood Center ........................................................................................ 164
15.5 Residential-C ...................................................................................................... 166
15.6 Residential-B ...................................................................................................... 166
15.7 Residential-A ...................................................................................................... 166
15.8 Agriculture-B ...................................................................................................... 166
15.9 Agriculture-A ...................................................................................................... 167
15.10 Open Space ......................................................................................................... 168
15.11 Conservation ...................................................................................................... 169
15.12 Land Uses Permitted in all Land Use Categories ............................................ 170
15.13 Accessory Land Uses ........................................................................................ 171
15.14 Land Uses Subject to Special Conditions ....................................................... 173
15.15 Prohibited Land Uses ........................................................................................ 173
16.0 Development Standards ................................................................................................ 175
16.1 Density ................................................................................................................ 175
16.2 Outdoor Storage ................................................................................................. 179
16.3 Architecture ........................................................................................................ 180
16.4 General Standards ............................................................................................. 180
16.5 Fences ................................................................................................................. 182
16.6 Mechanical Equipment ...................................................................................... 184
16.7 Signage ............................................................................................................... 184
16.8 Off-Street Parking Requirements ...................................................................... 184
16.9 Circulation ........................................................................................................... 186
16.10 Typical Roadway Sections ................................................................................ 187
16.11 Non-Motorized Circulation ................................................................................ 193
16.12 Landscaping ....................................................................................................... 193
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16.13 Park Land Dedication ......................................................................................... 197
16.14 Park and Trails Development ........................................................................... 197
16.15 Utilities ................................................................................................................ 197
16.16 Floodplains, Hazard Areas and the Natural Environment .............................. 198
16.17 Residential Architectural and Site Planning Standards ................................. 199
16.18 Single and Multi-Family Developments ............................................................ 199
16.19 Residential Architectural and Site Planning Guidelines ................................ 199
16.20 Crime Prevention Design Standards ................................................................ 202
17.0 Operational Standards .................................................................................................. 206
17.1 Intent .................................................................................................................... 206
17.2 Vibration .............................................................................................................. 206
17.3 Air Pollution ........................................................................................................ 206
17.4 Materials Handling ............................................................................................. 206
17.5 Odors ................................................................................................................... 206
17.6 Electromagnetic Radiation ................................................................................ 206
17.7 Fire and Explosion ............................................................................................. 207
18.0 Conditional Use Permits ............................................................................................... 208
18.1 Pre-Application Submittal Conference ............................................................. 208
18.2 Development Application .................................................................................. 208
18.3 Cost Agreement and Funds Deposit Agreement ............................................ 208
18.4 Vicinity Map ........................................................................................................ 208
18.5 Title Commitment ............................................................................................... 209
18.6 Tax Certificate .................................................................................................... 209
18.7 Water Rights Questionnaire .............................................................................. 209
18.8 Borrow Pit ........................................................................................................... 209
18.9 Review Criteria ................................................................................................... 210
18.10 Mining .................................................................................................................. 210
18.11 Reservoir Construction ..................................................................................... 211
18.12 Oil and Gas Production ..................................................................................... 211
19.0 Building Permit Process ............................................................................................... 212
19.1 Building Permit ................................................................................................... 212
19.2 Certificate of Occupancy ................................................................................... 212
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EXHIBITS
Town Code: Title 16........................................................................................................ A
Town Code: Title 17........................................................................................................ B
Definitions....................................................................................................................... C
Development Flow Chart................................................................................................. D
Document List................................................................................................................. E
Fees and Charges........................................................................................................... F
Cost Agreement.............................................................................................................. G
Development Application................................................................................................ H
Firestone Street Grid........................................................................................................ I
Firestone Public Hearing Process................................................................................... J
Fiscal Impact Report Form.............................................................................................. K
Water Rights Questionnaire............................................................................................. L
Annexation Petition......................................................................................................... M
Annexation Agreement.................................................................................................... N
Annexation Submittal Requirements............................................................................... O
Referral Mailing Cover Sheet and Addresses................................................................. P
Posting Log..................................................................................................................... Q
ODP Submittal Requirements......................................................................................... R
PDP, Preliminary Plat and Preliminary Utility Plans Submittal Requirements................ S
Addressing Convention................................................................................................... T
FDP, Final Plat and Final Utility Plans Submittal Requirements..................................... U
Subdivision Agreement................................................................................................... V
Certification Forms......................................................................................................… W
Water Dedication Note & Calculations ........................................................................... X
Firestone Parks Design Criteria Manual……………………………………....................... Y
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1.0 Introduction
The Firestone Development Regulations (“Development Regulations”) have been
adopted by the Firestone Town Board of Trustees in order to:
! provide a clear and efficient development application and review process for all
land development applications;
! to assist in the implementation of the Firestone Comprehensive Plan and adhere
to its goals;
! to assure that all necessary information is available to the decision making
bodies;
! to assist in the orderly planning for and implementation of the Town’s growth and
development policies; and
! to assist in the internal control of document records and archives.
Many aspects of the development process are addressed in these Development
Regulations and the information has been presented to work in conjunction with the
Town of Firestone Municipal Code and other related documents. For general reference,
Title 16 Subdivision and Title 17 Zoning of the Town Code have been included in this
document as Exhibits A and B, respectively. The Town Code is subject to change
independently from changes to these Development Regulations so for specific
information it should be referenced independently. Terms not specifically defined in this
document and/or the Firestone Municipal Code are defined in Exhibit C. In the case of a
conflict between this document and the Firestone Town Code, the more restrictive
provision shall control.
Where appropriate, the development review and processing information specified herein
has been provided in chronological order.
1.1 Application to Town Projects
As a matter of public health, safety and welfare, the Town shall not be subject to the
processing requirements set forth in these Regulations. However, the Town in its
discretion may hold one or more public meetings or hearings to review and consider
Town projects.
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2.0 Development Application Process
This section describes the steps necessary to process various development
applications in Firestone. A simplified general reference graphic flow chart depicting the
various components of the general development process for annexation, rezoning,
subdivision and development in the Town of Firestone is shown in Exhibit D.
2.1 General Development Assistance
The Planning Coordinator is available for general questions regarding these
Regulations, general development processing questions or general information
regarding the Town of Firestone. The Planning Coordinator will contact other Town
Staff, such as the Town Planner or Town Engineer, for specific additional development
information, if required.
2.2 Pre-Application Conference
Applicants requesting annexation, initial zoning, rezoning, subdivision, site planning,
planned unit development, conditional use permit, special use permits or utility plan
approval are encouraged to attend a pre-application conference with the Planning
Coordinator prior to making a formal request for such action. The Planning Coordinator
may request that the Town Planner or the Town Engineer also attend the pre-
application meeting. The Applicant is encouraged to consult with area service providers
and utility companies to receive any comments they may have before the conference,
as appropriate. It is recommended that the applicant prepare a sketch plan showing
existing and proposed major use areas, public uses and major roadways. The sketch
plan should, as appropriate, also show adjoining land uses and streets. The purpose of
the pre-application conference is:
A. To acquaint the Applicant with the Development Regulations, Design Criteria
and Construction Specifications Regulations, the Town Code, and other
pertinent documents.
B. To inform the Applicant of the submittal requirements necessary for the
application.
C. To inform the Applicant of any associated fees or charges that may be
associated with the application.
At the pre-application conference, the Applicant is encouraged to utilize and complete a
checklist of submittal requirements shown in Exhibits R, S and U. The checklist
generally specifies the list of pertinent submittal requirements appropriate for the
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application. Also, the Town will discuss which referral entities are required to be
provided with a copy of the application.
In the case of multiple applications, which is required in many cases (such as Final
Development Plan, Final Plat and Final Utility Plans) only one pre-application
conference needs to be held for all applications, provided all submittals are covered at
the meeting. To schedule a pre-application conference, contact the Planning
Coordinator at 303-833-3291.
2.3 Codes, Policies and Controlling Documents
As noted above, there are other documents related to various development processes
within the Town. These documents are available for inspection from the Town Clerk, or
may be purchased or copied as described in Exhibit E. This Exhibit is not an exhaustive
list of all documents that may govern a particular development.
2.4 Fees and Charges
Fees and charges associated with various development processes in Firestone are
shown in Exhibit F. Most development processing in the Town functions on a direct cost
reimbursement arrangement. The Town’s standard format documents for this
reimbursement arrangement are known as a Cost Agreement and Funds Deposit
Agreement, which are shown as Exhibit G. When appropriate, the Planning Coordinator
will fill in the missing information on these documents and transmit them to the
Applicant, after the pre-application conference. These documents are subject to change
only by the Town Manager. Pursuant to the Firestone Municipal Code, the Exhibit F
schedule of fees and charges is subject to revision by the Town Manager. The most
current schedule is available at Town Hall and on the Town’s website and the amount of
the costs associated with the Funds Deposit Agreement will be based on the most
current schedule. Pursuant to the Firestone Municipal Code, the Town Manager is also
authorized to require that a Cost Agreement and Funds Deposit Agreement include
other costs related to a development which are not otherwise established by schedule.
Such costs may include, for example, extraordinary publication or document preparation
costs or costs for specialized services, such as geotechnical, traffic,
telecommunications or lighting engineering or consulting.
2.5 Development Application Form
The Development Application Form, shown as Exhibit H, assists Town Staff in creating
a more effective and efficient means by which the Town processes development review.
Town Staff can assist the Applicant in filling out this form at the Pre-Application
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Conference. The Development Application has a signature block that notes the
applicant has read pertinent sections of these Development Regulations.
2.6 Duplication of Submittal Requirements
Development submittal requirements are as shown for each individual submittal
application. In cases where two or more types of applications are being processed
concurrently (e.g. Final Development Plan and Final Plat) any individual submittal
requirement, which may be required for each application, does not need to be submitted
more than once (e.g. Title Reports required for both an Annexation and an Outline
Development Plan).
2.7 Neighborhood Meeting
A key component of the Firestone development process is the neighborhood meeting.
These meetings have been established and are encouraged by the Town in order to
promote citizen participation in the development process. A neighborhood meeting may
specifically be requested by Town Staff for certain residential developments located
adjacent to rural areas, certain industrial developments, and other developments that
may have the potential to have a significant impact on the surrounding area. Town Staff
will notify the Applicant in instances when a neighborhood meeting is requested. The
purpose of neighborhood meetings is to receive input and participation from adjacent
property owners and residents of the community about the Applicant's proposed
development plan so that appropriate revisions, if any, may be incorporated into the
plan prior to the review by the Town. Furthermore, it is intended that the neighborhood
meeting will provide an opportunity for the Applicant to interact with the residents of the
neighborhood and citizens of the community, outside of the formal public hearing
process.
The Applicant shall check with the Planning Coordinator before selecting a meeting time
and place in order to avoid scheduling conflicts. Once the neighborhood meeting is
scheduled, it shall be the responsibility of the Applicant to notify all property owners and
homeowners associations, within 300 feet of the Applicant’s property of the time, place
and nature of the meeting. This notification shall be at least 7 days prior to the date of
the meeting. Town Staff will prepare the notice and a copy of such notice will be sent to
the Applicant upon request. Town Staff may request that the notice of such meeting
also be hand delivered to certain other entities. The Applicant shall provide to Town
Staff a notarized mailing affidavit stating that the mailed notice has been completed and
a list of all parties notified. The Applicant shall hold the meeting prior to any Town
administrative action or Planning Commission action on the proposed development
application. Town Staff will not be responsible for conducting the meeting. The role of
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Town Staff in the neighborhood meeting process is to be available to assist in providing
information regarding the process. Town Staff will also be available for technical support
with regards to Town policies, design standards and development requirements.
The Applicant is encouraged to be thoroughly prepared to answer a variety of questions
from the public pertaining to the proposed development. Preparation for the
neighborhood meeting should include, at a minimum, the following:
A. A graphic presentation depicting the layout and design of the proposed
development.
B. A "development fact sheet" including such items as the size of the proposed
project, proposed land uses, number of dwelling units, density of project,
building heights, parking requirements, land dedication, open space acreage,
public recreation opportunities or facilities, park planning, trail connections, etc.
C. A “statement of intent” explaining how the proposed development will be
compatible with the surrounding land uses and what steps the Applicant has
taken to insure compatibility with the neighborhood and community.
Note: Such neighborhood meetings in no way replace the formal public hearing or other
formal review processes of the Town. Documents and discussions at the neighborhood
meeting are not part of the formal public hearing record; however, Town staff may
include the “sign-in’ sheet and a summary of the town staff’s notes from the meeting in
any Staff Report prepared for a Planning Commission or Town Board meeting. The
Applicant has the right to forgo such meetings if the Applicant considers such meetings
as unproductive or hostile.
2.8 Planning Commission and Town Board Schedules
The processing of development applications is directly tied to the agenda availability of
both the Planning Commission and Town Board. The regular meeting times for each
entity are shown below. As these times are subject to change, please contact the
Planning Coordinator to confirm their applicability.
A. Planning Commission
The Planning Commission has one regular meeting per month:
! Third Wednesday of Each Month, 6:30 p.m. Town Hall
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B. Town Board of Trustees
The Town Board has two regular meetings per month:
! Second Wednesday of Each Month, 6:30 p.m. Town Hall
! Fourth Wednesday of Each Month, 6:30 p.m. Town Hall
2.9 Development Review Scheduling
The following are the Town’s general policies relative to scheduling land use
applications for public hearings:
A. No land use application is scheduled on the Planning Commission Agenda until
the application is determined to be substantially complete by Town Staff and
the required information is submitted to the Town.
B. An application will not be heard by the Town Board until the application has
been presented to the Planning Commission (if a Planning Commission
meeting is required pursuant to the Town Code and these Regulations) and the
Planning Commission has made a recommendation with respect to the
application.
C. Except for unique circumstances major land use matters are typically
scheduled for the Town Board on the fourth Thursday of each month.
D. The development application and corresponding Staff Report are transmitted to
the Planning Commission and Town Board the Friday prior to the scheduled
meeting, unless otherwise approved by Town Staff. The Planning Commission
and Town Board will receive all submitted documents, except construction
drawings and certain associated engineering reports. Staff reports are made
available to the applicant at the time they are transmitted to the Planning
Commission or Town Board. Draft resolutions are typically provided to the
Planning Commission and Town Board the day of the Public Hearing. Such
resolutions are formal documents that consider all Town Staff
recommendations up to the date of the public hearing. These resolutions are
provided to the Applicant prior to the public hearing by the Planning
Coordinator.
E. No development application will be heard before the Planning Commission or
Town Board unless the development application is processed consistent with
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these Development Regulations. Town Staff shall confirm that the application
materials are complete and in order for both the Planning Commission and the
Town Board Public Hearings. Any application for which complete application
materials are not received by 4:00 p.m. seven days prior to the hearing (not
counting the day of the hearing) may be removed from the agenda by the
Planning Commission Secretary or Town Clerk.
F. To the extent required by C.R.S. § 29-20-108, final Town action on any
application of a public utility or a power authority providing electric or natural
gas service that relates to the location, construction, or improvement of major
electrical or natural gas facilities, as defined in that section, shall be taken
within 120 days after submission of a preliminary application, if a preliminary
application (such as a PDP) is required by these Regulations, or within 90 days
after submission of a final application. This section shall not be construed to
supersede any timeline for review and action on such an application that is set
by agreement between the Town and the public utility or power authority. In
addition to any written agreement that may be made concerning such timeline,
a consent to a continuance on behalf of the utility or authority made on the
record of the Town Board or Planning Commission hearing shall be deemed
the agreement of the utility or authority to any extension of the 90- or 120-day
deadlines that result from such continuance. No timeline under such statute
shall begin to run until the submitted application has been determined complete
as provided in these Regulations.
2.10 Graphic Convention and Document Submittal Protocol
The following general graphic convention and submittal protocol shall be adhered to for
all development submittal documents and materials.
A. All 24-inch by 36-inch sheets (except for Preliminary and Final Utility Plans)
shall have the following Title Block located at the top center of each sheet:
Type of Submittal (e.g. Outline Development Plan)
PROJECT OR DEVELOPMENT NAME
Planned Unit Development (delete this line if not a PUD)
Phase or Filing Number
Sheet Title
Town of Firestone
Weld County
State of Colorado
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Sheet ___ of ___
B. All 24-inch by 36-inch sheets shall have the following Firestone Information
Block located at the bottom right of each sheet (except for the Preliminary and
Final Utility Plans which only need the Information Block on the Cover Sheet).
The location of this Information Block must be adjoining the right border of all
sheets and within 4-inches of the bottom right corner of the sheet. The
Information Block shall be comprised of fonts that are no smaller than 19 points
in size.
Use 19-inch font for all text unless otherwise noted
Place Development Name Here (using 19-inch font)
Place Sheet Title Name here (using 20-inch font)
Name of
Application:
Type of Submittal:
Filing Number:
Phase Number:
Preparation Date:
Revision Date:
Revision Date:
Revision Date:
Revision Date:
Revision Date:
Sheet _____ of ______
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Note: If sheets are resubmitted without revisions responsive to Town
comments, the application will be put on processing hold until the sheets are
revised and correctly dated, or until the applicant provides a written explanation
for the lack of revision. All revision dates shall be current. Revision dates shall
be on a sheet-by-sheet basis. The cover sheet, however, shall indicate the
latest revision date of any sheet in the plan set.
C. When paper copies of 24-inch by 36-inch sheets are submitted to the Town, all
sheets shall be folded into an approximate 12-inch by 12-inch size, with the
printed side of the bottom right hand corner of the first sheet visible. Folded this
way the Firestone Information Block will be visible. Typically, such folded
sheets are placed inside the required submittal notebooks.
D. For Utility Plans, mylar drawings or other drawings that may be too thick to fold,
they should be rolled with the printed side of the first sheet visible. Rolled this
way the Firestone Information Block will be visible.
E. All Street names shall be consistent with the Firestone Street Grid. A copy of
the Firestone Street Grid is shown as Exhibit I.
F. The text for all plan sheets shall be no smaller than 19-point in size and all text
shall be clearly legible at a reduction to a sheet size of 11-inches by 17-inches.
Tract letters or numbers shall be in a bold font.
G. 11-inch by 17-inch paper reduced copies of all map sheets (excluding Utility
Plans) shall be provided with each submittal.
H. Except for original technical engineering documents, original signed
documents, and 24-inch by 36-inch and 11-inch by 17-inch paper map sheets,
all documents should also be submitted in a “PDF” format. Any and all required
text sheets shall be also submitted in Word files for Town staff to redline. A CD
including such documents shall be securely included in the 3-ring binder noted
below. The table of contents should reflect which documents are provided in
PDF format and note the specific title of such document on the CD. For certain
applications PDF format documents are all that is necessary as noted herein
I. All submittal information shall be submitted in a 3-ring binder. The binder shall
be appropriately sized and shall be of a “clear overlay” style that provides for a
cover title sheet insert and a binder end sheet insert. The front and binder ends
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of the notebook shall have all the title information required for the application
(See Section 2.10 (A) and the submittal date shown. With all first submittals,
one extra empty, but properly labeled, notebook shall also be provided for the
Town for incoming referral information and other relevant file information.
Additional binders may be required for “replacement” submittals, as
components of an application may be modified. Check with the Planning
Coordinator to see if additional binders are required in these instances. There
shall be a table of contents included in the notebook and tabs shall separate all
individual documents.
2.11 Protocol Regarding Title Commitments
For most applications described in these Regulations, the Applicant is required to
submit a current title insurance commitment for the property subject to the application.
In all cases, the required title insurance commitment shall be dated no later than one
month prior to the application submittal date. As the application proceeds through the
review process, the Applicant shall also provide endorsements updating the effective
date as requested by the town. All title insurance commitments shall be in a current,
ALTA-approved format and shall be issued by a title insurance company which maintains
an office or title plant in or for Weld County and which is authorized to do business in the
State of Colorado. All title insurance commitments shall list the owner of the property as of
the date of issuance of the commitment and shall include complete schedules of
requirements and exceptions. Upon request of the Town, the Applicant shall timely provide
copies of any documents listed in the schedule of exceptions.
The title insurance commitment submitted with the application shall be issued only for that
property which is the subject of the application, and the legal description in the
commitment shall be identical to the legal description required by the Town for use in the
public notices of hearings on the application. If the application is approved and includes
the dedication and conveyance of land to the Town (other than internal easements and
internal street rights-of-way), then the Applicant shall submit after approval but prior to
recording a revised, current title commitment issued in favor of the Town and insuring the
Town’s ownership of the land proposed for dedication and conveyance. Such title
commitment shall be specific to the land to be dedicated and conveyed, list the Town as
the proposed insured, include no other land, be in such amount as the Town requires, and
be in a form acceptable to the Town. For any land to be dedicated and conveyed to the
Town, the Applicant (and subdivider, if different from the Applicant) shall furnish, at its own
expense, an ALTA title policy for all interests conveyed to the Town, subject to approval by
the Town Attorney.
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3.0 Public Hearings and Meetings
This section generally describes the public hearing process relative to any zoning
application. The process for subdivision review is further described in Sections 9.0 and
11.0. When subdivision applications are accompanied by either a Preliminary
Development Plan or a Final Development Plan (which are zoning documents that also
require public hearings) the required public hearings are typically combined into one
public hearing. Minor Subdivisions, as described in Section 12.0, are generally not
processed with either a Preliminary or Final Development Plan and are therefore
processed as their own hearing.
3.1 Notification
Notification procedures for public hearings and public meetings are specifically
described in these Development Regulations for each individual application type.
3.2 Public Hearing Testimony Format
A public hearing before the Planning Commission or Town Board is a formal process.
Prior to the public hearing, the Applicant shall provide the Planning Commission
Secretary or Town Clerk with an Affidavit of Publication, Posting Log, Affidavit of
mailing, and Certification of Notice to Mineral Estate Owners. The Planning Commission
and Town Board follow a strict procedure in receiving testimony and evidence from the
Applicant and other parties. The Chairman or Mayor opens the public hearing by
entering the name of the application and its case number into the public record. The
Chairman or Mayor instructs everyone who intends to speak in any capacity during the
public hearing to be placed under oath and to sign a Testimony Information Sheet. The
Testimony Information Sheet will clearly state that anyone testifying at the public
hearing may be subject to cross-examination by the Applicant or the Planning
Commission or Town Board. The Chairman or Mayor may elect to place individual
speakers under oath at the time they speak or prior to their testimony in a group
fashion.
The Chairman or Mayor then asks the Town Clerk if:
1. The required referral mailings were properly provided in a timely manner to the Town
Clerk and that such referral mailings were in fact mailed;
2. An affidavit of Publication of the hearing has been received;
3. A Posting Log has been submitted;
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4. An Affidavit of Certified Mailing has been provided;
5. A Certification of Notice to Mineral Owners pursuant to C.R.S. § 24-65.5-101 et seq.
has been submitted; and
6. If the hearing is the final hearing on an application that is a “qualifying surface
development”, as defined in C.R.S. § 24-65.5-102(5.7), a Certification With Respect
to Qualifying Surface Developments.
If this information is not in order, then the Chairman or Mayor will vacate the hearing.
If this information is in order, the Chairman or Mayor then enters this information into the
record. At a Town Board public hearing, the Mayor also places all the testimony,
evidence and the adopted resolution from the Planning Commission public hearing into
the record.
The Applicant or appointed representative is then asked to go to the speaker’s podium
and state their full name and address for the record and is then requested to make a
presentation on the application. The burden of proof is on the Applicant, so the
Applicant should be prepared to provide sufficient evidence to enable the Planning
Commission or Town Board to evaluate the application. The Applicant should be
prepared to present supportive graphic materials to clarify the proposal to the Planning
Commission and Town Board. The Town Planning or Engineering Staff may also make
a presentation to the Planning Commission or Town Board; however, this presentation
does not eliminate the Applicant’s burden to demonstrate its application meets all
requirements and criteria for approval. If the Applicant does not present sufficient
evidence to support approval of the application, the Planning Commission or Town
Board may either continue the hearing or deny the proposal. The Planning Commission
or Town Board members may ask questions at any time of persons testifying, however
their questions are usually held later in the meeting, after the public hearing is closed.
After the presentation by the Applicant, the Chairman or Mayor will ask the Staff to
present their Staff Report. At the conclusion of the Staff Report, the Staff enters the
Staff Report into the record and provides a final copy to the Town Clerk for the record of
the hearing. After the presentation by Staff, the Chairman or Mayor will review the list of
those individuals who signed the sheet indicating that they would like to speak regarding
the application. If there are numerous individuals on the sign-up sheet, the Chairman or
Mayor may offer the opportunity for Firestone residents to speak first. Following the
public comment portion of the public hearing, the Chairman or Mayor will give the
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Applicant an opportunity to rebut any evidence opposing the application and, as
specified in Section 17.44.050 of the Town Code, cross examine those giving testimony.
The Chairman or Mayor then closes the public hearing and opens the matter for
discussion by the Planning Commission or Town Board members. The Planning
Commission or Town Board members may ask questions of anyone for clarification of
specific points prior to taking action on the application.
At public hearings of the Town Board of Trustees, the Town Board may be provided
with the minutes of the Planning Commission meeting on the same application. These
minutes may include a summary of the testimony, the Planning Commission motion,
any conditions applied to the proposal, the findings of fact, and recommendations of the
Planning Commission.
For additional information on the Firestone public hearing process, see Exhibit J.
3.3 Executive Sessions
In certain circumstances and in accordance with the procedures of the Open Meetings
law, the Planning Commission or Town Board may meet in “Executive Session”. These
sessions are held for either body to receive attorney-client privileged legal advice from
the Town Attorney or for other legally permissible reasons. Items discussed in Executive
Sessions are typically narrow in scope, with the topic being announced before the
session and summarized when the regular session resumes. Executive Sessions follow
specific procedures established by State Law.
3.4 Public Meetings
The general review and action process for annexations, general rezonings, and other
legislative matters is similar to that of public hearings. For these types of applications,
the Applicant should similarly be prepared to make a presentation with sufficient
information to enable the Planning Commission or Town Board to take appropriate
action.
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4.0 Annexation
The annexation process is typically where the property owner petitions to be included
within the Town of Firestone’s municipal boundary. An annexation request must at a
minimum show the following:
A. That the property meets the State statutes required for annexation.
B. That the property is within the Firestone Urban Growth Boundary.
C. That the annexation is consistent with any intergovernmental agreements the
Town may have with any other governments.
D. That the property proposed to be annexed has adequate utility services
available to it or will have such services developed in the reasonably near
future. Also, that such utility services can be developed in conformance with the
Town's water, sewer, and other master service plans.
4.1 Pre-Application Submittal Conference
The Applicant is encouraged to attend a pre-application conference as described in
Section 2.2.
4.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
4.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, the documents noted below shall also be provided in electronic format as
noted in Chapter 2.
4.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
4.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
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4.4 Vicinity Map
A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing
the parcel location and bordering streets within one-half mile. The map shall also show
the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch
by 11-inch sheet of paper.
4.5 Annexation Petition
An Annexation Petition must be included with the application. The standard format for
this document is shown as Exhibit M. The Town Attorney will prepare this document in
final form for signature by the Applicant.
4.6 Annexation Agreement
The required Annexation Agreement typically needs to be executed by the Applicant
prior to the Town Board hearing on the annexation application. The Town’s standard
form Annexation Agreement is shown as Exhibit N. Final annexation agreements are
usually consistent with this form; however, there may be circumstances particular to an
annexation which will necessitate changes to the form. Any Applicant requests to
amend the form should be submitted at the time the annexation applicant is submittal.
The Town Attorney will prepare this document in final form for signature by the
Applicant and the Town.
4.7 Title Commitment
The Applicant shall submit a current Title commitment for the Property, dated no later
than one month prior to the application submittal date. The Applicant shall provide
endorsements updating the effective date as requested by the Town. Refer to Section
2.11 for additional information.
4.8 Legal Description
A legal description of the property to be annexed. The total acreage should also be
identified. All legal descriptions shall be metes and bounds. This legal description will be
the same legal description that should be used for the Outline Development Plan which
shall accompany any annexation application, as the Town will “zone” all property
annexed. A computer version of the legal description (Word document) on CD is also
required to be submitted by the Applicant. The Applicant shall provide lot closures for all
legal descriptions.
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4.9 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
property.
4.10 Water Rights Questionnaire
A completed Water Rights Questionnaire (Exhibit L) must accompany the development
application.
4.11 Fiscal Impact Analysis
A fiscal impact analysis showing the cost-benefit relationship between the property
proposed to be annexed and developed and the Town of Firestone will be prepared by
the Town. However, to assist in this process, the Applicant shall complete and submit
the fiscal impact submittal form shown as Exhibit K.
4.12 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
4.13 Response Letter
For a second or third submittal (as described below) a letter shall be provided
describing how each staff comment or Planning Commission recommended condition (if
available) has been addressed.
4.14 Annexation Map
An Annexation Map shall be prepared by a Colorado Registered Professional Land
Surveyor according to Colorado Revised Statutes pertaining to the preparation of Land
Survey Plats in effect at the time of preparation or at the time of acceptance by the
Town of Firestone. The maps shall be prepared at a scale of 1-inch equals 50-feet or 1-
inch equals 100-feet unless otherwise approved by Town Engineer. The maps shall be
on sheets with outer dimensions of twenty-four inches by thirty-six inches (24" x 36")
and shall contain the following information:
4.14.1 Firestone Information Block
All Annexation sheets shall have a Firestone Information block located in the bottom
right corner of each sheet. For specifications on the Firestone Information Block, see
Section 2.
4.14.2 Title Block
The following title information clearly located on the top center of each sheet.
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Annexation
Project or Development Name
Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
4.14.3 Vicinity Map
A vicinity map shall be shown on the first sheet of the Annexation Map at a scale no
smaller than 1-inch to 1,200-feet, showing the parcel location and bordering streets
within one-half mile. The map shall also show the existing limits of the Town of
Firestone.
4.14.4 Name
The name under which the annexation is to be recorded shall be placed in the proper
title blocks. The name shall not duplicate the name of any existing annexation,
subdivision or development in the Town of Firestone. Check with the Planning
Coordinator for a current list of such names already used.
4.14.5 Date
The date of map preparation shall be provided, with revision dates noted as appropriate.
4.14.6 Scale and North Arrow
The scale at which the map is drawn and a graphic representation, and a symbol
designating true North.
4.14.7 Legal Description
A legal description of the property to be annexed. The total acreage should also be
identified. All legal descriptions shall be metes and bounds. This legal description will be
the same legal description that should be used for the Outline Development Plan which
shall accompany any annexation application, as the Town will “zone” all property
annexed.
4.14.8 Parcel Boundaries
A description of all monuments, both found and set, which mark the boundaries of the
parcel, including a description of two or more recorded monuments on record with Weld
County, used in conducting the survey. Only one tie will be required for parcels
containing two acres or less.
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4.14.9 Contiguous Boundary
The delineation and length of the boundary of the annexation that is contiguous to the
Town of Firestone shall be shown. The total perimeter of the annexation shall be stated
in conjunction with the length contiguous to the existing limits of the Town of Firestone.
This contiguous length shall not be less than 1/6 of the total perimeter. In all cases, the
application shall comply with Colorado Revised Statutes pertaining to Annexations in
effect at the time of submittal or acceptance of the application by the Town of Firestone.
4.14.10 Owners/Developers
The name, address, telephone number, and email address of owner(s) (and developer if
different than the owner) shall be shown.
4.14.11 Technical Consultants
The names, addresses, telephone numbers, and email address of the technical
consultants responsible for preparing the map shall be shown.
4.14.12 Adjacent Properties
The names of all adjoining annexations and/or subdivisions. If the adjoining land is
unincorporated and/or unplatted, it should be designated as such.
4.14.13 Existing Utilities, Streets and Easements
The name, location and dimensions of all existing utilities, streets, alleys, easements, rights-of-
way and watercourses within and adjacent to the annexation and existing regulatory
floodplains shall be provided.
4.14.14 Surveyor's Statement
A statement by the surveyor responsible for the preparation of the annexation map, that
the map was prepared by the surveyor or under the surveyor’s responsible charge, and
that the annexation conforms to Colorado Revised Statutes pertaining to Annexations.
4.14.15 Owners Approval Block (recommended format)
Know all men by these presents, that I/we (names of all landowners) being the sole
owners and proprietors of the following described land, to wit:
(LEGAL DESCRIPTION)
Have caused the above described tract of land to be annexed under the name of (Name
of Annexation)
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Owner: (Landowner's name)
By: _______________________________________
Owner
The above block will require revision if the annexation is requested by less than 100%
of the property owners.
4.14.16 Notary Certificate (in conjunction with owner's signature)
STATE OF COLORADO )
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _____ day of ________,
20____, by _______________________________________________.
Witness my hand and official seal
_____________________________________________________
Notary Public
_____________________________________________________
My commission expires
4.14.17 Town Approval Block
This is to certify that the (Name of Annexation) was approved on the ______ day of
___________, 2_____ BY ORDINANCE NO. _________ and that the Mayor of the
Town of Firestone on behalf of the Town of Firestone, hereby acknowledges said
Annexation upon which this certificate is endorsed for all purposes indicated thereon.
_____________________________
Mayor
_____________________________
ATTEST: Town Clerk
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4.15 Outline Development Plan
Along with the required annexation materials, the Applicant is required to submit the
materials necessary for an Outline Development Plan. Other development plans and
plats can also be processed simultaneously with an annexation; however, an Outline
Development Plan is required at a minimum. See Section 7.0 for Outline Development
Plan submittal requirements.
4.16 First Application Submittal
Once all the application materials are complete, the Applicant should submit five
complete sets of the materials to the Planning Coordinator. The Planning Coordinator
will distribute one copy each to the Town Engineer, the Town Planner, the Town
Attorney, and Public Works for initial review. See Exhibit O for a summary of the items
required.
4.17 Application Review by Staff
Within 30 days, or as soon as reasonably possible after an Applicant has submitted the
First Application Submittal, Town Staff will review the application to determine if the
application is complete. If it is not complete, Town Staff will inform the Applicant of those
items that need to be submitted or resubmitted.
4.18 Application Substantially Complete
Once Town Staff determines that the application is substantially complete, Town Staff
will inform the Applicant of that fact in writing.
4.19 Review Comments to Applicant
Once Town Staff determines that the application is substantially complete Town Staff
will review the application and provide review comments to the Applicant.
4.20 Second Submittal Requirements
The Applicant shall address Town Staff review comments, as appropriate, and resubmit
the number of copies as itemized in Exhibit O. A written response to each of staff’s
comments shall be provided. The Applicant shall return any redlined drawings, reports,
etc. from the previous submittal.
4.21 Processing Schedule
Once the Applicant has provided the Town with the Second Submittal, and Town Staff
has found the Second Submittal to be substantially complete, Town Staff will prepare a
processing schedule for the application. A copy of the schedule will be provided to the
Applicant.
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4.22 Referral Mailings
It shall be the responsibility of the Applicant to provide copies of the application
materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD
of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as
shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in
appropriately sized envelopes with the proper postage. Addresses for referral mailings
are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch
by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall
be checked consistent with the label on the same envelope (e.g. Check City of Dacono
on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to
the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized
mailing affidavit stating that the referral mailings have been completed, a list of all
parties notified and the date on which they were mailed. These notices shall be mailed
at least fifteen (15) days prior to the Planning Commission meeting, not including the
day of the meeting.
4.23 Resolution of Substantial Compliance
Once the application has been found to be substantially complete, the Town Board will
consider a resolution of substantial compliance. The Applicant is not required to make a
presentation at this Town Board meeting, but it is recommended that the Applicant
attend the meeting to answer any general questions that the Town Board may have
regarding the proposed annexation.
4.24 Neighborhood Meeting
A Neighborhood Meeting shall be held pursuant to Section 2.7.
4.25 Annexation Impact Report
Town Staff will prepare an Annexation Impact Report for the property (if the annexation
is greater than 10 acres in size) and transmit a copy of the report to the Weld County
Commissioners and to the applicant.
4.26 Publications
Town Staff will publish proper notice of the Planning Commission meeting on any initial
zoning application requested for concurrent review with the annexation. Town Staff will
also publish proper notice of the Town Board hearing on the annexation, the date of
which has been established by the Town Board in the Board’s Resolution of Substantial
Compliance.
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4.27 Notification to Owners of Interest and to Mineral Estate Owners
A. Owners of Interest. The Applicant shall submit to the Town an Owners
of Interest List as defined in these Regulations (e.g. surface owners, easement holders,
and persons who have other legal or equitable interests in the property). The list shall
include the names and address of such owners. This list shall be obtained based on
records from the County Assessor's office and the County Clerk & Recorder’s office,
and any more recent address information as may be available in telephone or other
general use directories. The list must be certified by the Applicant in writing as true and
complete within one month prior to submitting the development application. Applicant
shall prepare the notice to be sent to Owners of Interest. The Applicant shall request a
copy of the Notice of the meeting prepared by the Town from the Planning Coordinator,
which was or will be published by the Town for the hearing. This notice, along with a
vicinity map (see Section 4.4), shall be mailed by the Applicant, via certified mail, return
receipt requested to the Owners of Interest. An affidavit of mailing shall be provided to
the Planning Coordinator stating that the Notices have been mailed to the persons and
entities on the Owners of Interest List, and mail receipts shall be delivered to the town at
or prior to the hearing. The original of all returned receipts shall also be provided to the
Town Clerk taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as
“undeliverable” by the post office shall be grouped on a separate sheet(s). These
notices shall be mailed at least fifteen (15) days prior to the Planning Commission and
Town Board meetings, not including the day of the meetings.
B. Mineral Estate Owners. The Applicant shall be solely responsible for
preparing and sending notice to Mineral Estate Owner(s) in the manner required by
C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise
complying with the statute. The statute generally requires that notice of the initial public
hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date
scheduled for the hearing. The notice prepared by the Town for mailing to Owners of
Interest and Surrounding Property Owners will not contain all of the information that
must be included in the notice required by the statute to be sent to the Mineral Estate
Owner(s). The Applicant therefore must prepare the proper notice and ensure it is
mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall
in writing certify to the Town that the Applicant has provided notice to the Mineral Estate
Owner(s) as required by law. The certification shall be in a form acceptable to the Town
and such certification shall be a condition of final approval of any application.
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4.28 Notification to Surrounding Property Owners
If the annexation request is accompanied by an initial zoning request, then the Applicant
shall submit to the Town a Surrounding Property Owners List. The list shall include the
names and address of such owners within 300 feet of the outside boundaries of the
property subject to the development application. This list shall be based on records from
the County Assessor's office and the County Clerk & Recorder’s office, and must be
certified by the Applicant as true and complete within one month prior to submitting this
application. The applicant shall prepare the notice of the initial zoning request to be sent
to Surrounding Property Owners. The Applicant shall request a copy of the Notice of the
meeting prepared by the Town Attorney from the Planning Coordinator, which was or
will be published by the Town for the hearing. This notice along with a vicinity map (see
Section 4.4) shall be mailed by the Applicant, via certified mail, return receipt requested
to such Surrounding Property Owners. In addition, Notice shall be mailed in the same
fashion to the Board of Directors of any owners association existing with respect to any
adjoining property. The Town Planner may require the notice of such meeting (including
the vicinity map) also be hand delivered to certain other entities. An affidavit of mailing
shall be provided to the Planning Coordinator stating that the Notices have been mailed
to the entities on the Surrounding Property Owners List and the date on which they
were mailed. The original of all returned receipts shall also be provided to the Planning
Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as
“undeliverable” by the post office shall be grouped on a separate sheet(s). These
notices shall be mailed at least fifteen (15) days prior to the Planning Commission
meeting, not including the day of the meeting.
4.29 Special District Inclusion Certifications
A letter from all special districts intended to serve the property, if requested by Town
staff, is required to be submitted by the Applicant stating the property is already within
such district or is within the district’s service area. It is the responsibility of the Applicant
to request such letters from the district. The Town may require inclusion into certain
special districts before development processing can conclude.
4.30 Property Posting
Property Posting is required for any annexation accompanied by an initial zoning
request. At least fifteen (15) days prior to, but not including, the Planning Commission
Public hearing date on the matter the property shall be posted with notice of such
meeting. The Planning Coordinator will prepare the signs. The Applicant can pick up the
signs from the Planning Coordinator no sooner than 20 days prior to the meeting. The
Applicant shall place the signs on the property (near the property boundary) facing all
public roadways in no more than four directions. The Applicant shall be responsible for
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checking the signs each day of the posting period and keeping an accurate log. If a sign
has been moved, destroyed, or fallen, the sign must be replaced by the Applicant within
forty-eight (48) hours. Within 10 days after final Town action on the application, the
Applicant shall remove the posted signs and return any Town signs to the Town.
Property posting is not required where an annexation or zoning exclusively involves
public right-of-way.
4.31 Posting Log
The signed posting log shall be provided to the Planning Commission at the Public
Hearing by the Applicant. If the Posting Log is not provided, the meeting may be
vacated. The property posting log form is shown in Exhibit Q.
4.32 Staff Report for the Planning Commission
By no later that the Friday prior to the Planning Commission meeting, Town Staff will
complete a Staff Report on the initial zoning application. A copy of such report will be
transmitted to the Applicant.
4.33 Planning Commission Meeting
Within 60 days, or as soon as reasonably possible, after the Town receives a complete
application, the Planning Commission shall hold a meeting on the annexation and a
public hearing on the request for initial zoning of the property. Upon completion of the
hearing, the Planning Commission shall, after Commission deliberation, vote on the
matter. Any motion should briefly state the findings of fact and conclusions of the
Planning Commission with reference to the relevant and material evidence and
testimony supporting such findings of fact and conclusions. The Planning Commission
may vote to either recommend approval, approval with conditions, or denial of the
zoning application. The Planning Commission may act in accordance with the following
upon vote of the majority of the members present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to Planning Commission at its next regular
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meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain as is mutually agreed upon by the
Applicant and the Planning Commission by which time the record and all
evidence can be reviewed. At that time the Planning Commission can either
adopt findings of fact and conclusions or direct the Town Attorney to prepare
findings of fact and conclusions for adoption at the next regular meeting after
the meeting to which the matter has been deferred.
4.34 Third Submittal Requirements
After the Planning Commission meeting and prior to the Town Board meeting, the
Applicant shall provide the Planning Coordinator with additional copies of submittal
items shown in Exhibit O. Prior to the submittal of these documents, the Applicant may
desire to modify the application as recommended by the Planning Commission. The
documents will need to be provided to the Town pursuant to the schedule prepared by
the Town.
4.35 Staff Report for the Town Board
By no later than the Friday prior to the Town Board meeting, Town Staff shall prepare a
Staff Report. As appropriate, Town Staff will amend the Staff Report that was submitted
to the Planning Commission for distribution to the Town Board. A draft resolution will
typically be prepared in conjunction with the Staff Report. A copy of such report and
resolution will be transmitted to the Applicant.
4.36 Town Board Meeting
On the date specified in the Resolution of Substantial Compliance, the Board of
Trustees shall hold a public hearing on the annexation application. The findings of fact,
conclusions and recommendations of the Planning Commission, responses to referrals,
and recommendations of the planning staff shall be submitted to the Town Clerk
immediately after the final decision of the Planning Commission and shall become a
part of the record of the case before the Board of Trustees. The same shall be
considered to be a public record and available in the office of the Town Clerk for
examination by the public.
Upon completion of the hearing, the Board of Trustees shall, after board discussion,
vote on a resolution regarding the eligibility of the property for annexation. If the
resolution is approved, the Board in its discretion may then proceed to adopt one or
more annexation ordinances to annex the property. If an annexation ordinance is
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adopted, the Board in its discretion may then proceed to consider an ordinance
regarding the initial zoning request for the property. Any action on the proposed initial
zoning will briefly state the findings of fact and conclusions of the Board of Trustees with
reference to the relevant and material evidence and testimony supporting such findings
of fact and conclusions. The Board shall vote to approve, approve with conditions, or
deny the application, or it may continue or table action on the application as permitted
by law. If the Board approves an application with conditions, the Applicant shall make
such modifications to the required text, maps, studies, etc. before the Mayor signs any
necessary approval blocks.
The Board may also act in accordance with the following upon vote of the majority of the
members present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to the Board of Trustees at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain by which time the record and all evidence
can be reviewed. At that time the Board of Trustees can either adopt findings of
fact and conclusions or direct the Town Attorney to prepare findings of fact and
conclusions for adoption at the next regular meeting after the meeting to which
the matter has been deferred.
4.37 Final Document Preparation, Review and Recording
Subsequent to any approval by the Town Board, the Applicant shall provide the Town
with a paper copy of all documents amended by the Applicant, pursuant to conditions as
may be imposed by the Town Board. Town Staff will review these amended documents
relative to any Town Board conditions. Once the documents appear satisfactory to
Town Staff relative to the noted conditions, Town Staff will request the final documents
be delivered to the Town for recording (See Exhibit O for the proper number and
material of all final documents). The annexation ordinances, maps, and related
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documents shall be recorded by the Town Clerk or his or her designee only, and
recording by any other party shall be prohibited. As annexations do not become
effective until recording of the final documents, applicants are required to promptly
revise and resubmit documents after the Town Board action. All resubmittals after Town
Board approval shall be made promptly in order to permit recording of final documents
by December 15 of the year within which the annexation is approved. If final documents
are not recorded within 120 days of Town Board approval, approval of the documents
shall lapse and the Applicant shall be required to submit a new application to be
processed pursuant to the same procedures and requirements as the initial application.
4.38 Publication of Ordinances
The Town Clerk will publish and record all ordinances related to an annexation and
initial zoning application. Such ordinances may be subject to referendum.
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5.0 Zoning
5.1 Standard Zoning Districts
Property less than one acre in size may be zoned pursuant to the standard zoning
districts specified in Title 17 of the Firestone Code. Property over one acre must be
zoned as PUD or a PUD Overlay. The development of all property over one acre in size,
regardless of zoning, must be done so as a PUD Overlay District.
5.2 Vested Rights
A vested property right means the right to undertake and complete the development and
use of property under the terms and conditions of a site specific development plan. A
site specific development plan is a Final Development Plan. See Chapter 17.42 of the
Town Code for specific information on vested property rights.
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6.0 Planned Unit Developments
The following statement of intent, requirements and procedures shall be used in utilizing
and processing Planned Unit Development zoning in Firestone, as also described in
Title 17 of the Town Code.
6.1 Intent
Pursuant to the Planned Unit Development Act of 1972, Article 67 of Title 24, CRS the
Planned Unit Development ("PUD") zoning district is created as an alternative to
conventional land use regulations in order that the public health, safety, integrity and
general welfare may be furthered in the era of increasing urbanization and growing
demand for housing of all types and designs for the following purposes:
A. To provide for necessary commercial, recreational, and educational facilities
conveniently located to such housing;
B. To provide for well-located, clean, safe, and pleasant industrial sites involving
minimum strain on transportation facilities;
C. To ensure that the provisions of the Firestone zoning laws which direct the
uniform treatment of dwelling type, bulk, density, and open space within each
zoning district will not be applied to the improvement of land other than lot-by-
lot development in a manner which would distort the objectives of the zoning
laws;
D. To encourage innovations for superior designs in residential, commercial, and
industrial development and renewal so that the growing demands of the
population may be met by greater variety in type, design, and layout of
buildings and by the conservation and more efficient use of open space
ancillary to said buildings;
E. To encourage a more efficient and innovative use of land and public services,
or private services in lieu thereof, and to reflect changes in the technology of
land development so that the resulting economies may inure to the benefit of
those who need homes;
F. To lessen the burden of traffic on streets and highways;
G. To encourage the building of “new towns” incorporating the best features of
modern design;
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H. To conserve the value of the land;
I. To provide a procedure which can relate the type, design, and layout of
residential, commercial, and industrial development to the particular site,
thereby encouraging preservation of the site’s natural characteristics; and
J. To encourage integrated planning in order to achieve the above purposes.
6.2 General Provisions
Planned Unit Developments provide for the opportunity for mixed and multiple use
districts where both residential neighborhoods and non-residential areas can be
comprehensively planned and developed. All major categories of land use including
industrial, office, commercial, residential, public and open space have the potential to be
present in a PUD.
Where applicable, it is the intent of Title 17 of the Town Code that subdivision review
under the subdivision regulations in Title 16 be coordinated with and carried out
simultaneously with the review of a PUD pursuant to Title 17.
6.3 PUD Zoning
The following types of Planned Unit Developments may be established:
6.3.1 PUD Zone District
PUD zoning district may be established by zoning land as a PUD zoning District either
through a rezoning process or by the initial zoning of land at the time of annexation.
Commercial, industrial, office, public, residential, agricultural, conservation and open
space land uses are permitted in a PUD zone district as specified herein. An Outline
Development Plan (“ODP”) must be submitted at the time the PUD zoning is requested.
A Preliminary Development Plan (“PDP”) shall be submitted prior to or concurrently with
the processing of an FDP for any area of the ODP. A Final Development Plan (“FDP”)
must be submitted for that portion of the ODP that building or further development is
being proposed. An Overall Final Development Plan (“Overall FDP”) may be submitted
for an initial phase of a development in which such phase only involves the construction
of public or private utilities, overall landscaping, roadways or other general site features.
If an Overall FDP is submitted and approved, an approved FDP still shall be required
prior to building construction or for further site development not addressed in the Overall
FDP. The requirements for an ODP, PDP and an FDP are as set forth in Title 17 and as
stated herein. The submittal requirements for an Overall FDP are the same as those for
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an FDP, with the exception that no specific building information is required, as such
information shall be provided in the forthcoming FDP. The Overall FDP shall include a
statement noting that a site specific FDP shall be required for each lot or site prior to the
issuance of any building permit.
6.3.2 PUD Overlay District
A PUD may be established in an existing zoning district by overlaying a development
plan over the applicable existing zoning district or districts. When a PUD is established
in this manner, only the principal permitted uses and permitted accessory uses of the
underlying zoning district are permitted in the PUD. When a PUD is established using
the overlay procedure, the development must follow the applicable review procedures
for approval of an ODP, PDP, or an FDP. A zoning change is not required for an overlay
and the property retains its original zoning classification subject to the provisions of the
approved PUD for the property.
6.4 PUD Density
The maximum permissible density for a PUD Zone District shall be determined based
upon the land uses proposed for the development and shall be based upon the density
standards for types of uses as specified herein. The maximum permissible density
within a PUD Overlay District shall be the density permitted in the underlying zoning
district as set forth in Chapter 17.16 of Title 17 for residential districts and as set forth in
Chapter 17.20 of Title 17 for commercial and industrial districts. However, such density
requirements may be altered through the approval process of the planned unit
development if the spirit and intent of the development criteria contained in Section
17.22.080 are met and if the Board of Trustees finds that the development plan contains
areas allocated for useable open space or common park area in excess of the public
use dedication requirements, or that the alteration is warranted by the amenities
incorporated in the development plan, and the needs of residents for usable and
functional open space, parks and buffer areas can be met.
6.5 Size of a PUD
There shall be no minimum size for a PUD District. All property, which is one acre or
more, shall be developed as a PUD zone district or a PUD Overlay district.
6.6 Conditions and Standards for Approval
The Planning Commission and the Town Board of Trustees may approve a PUD
application if it meets the intent of these Regulations and complies with the Town Code
and other controlling regulations and documents, including the development standards
specified herein. The Planning Commission and Town Board shall consider the
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following in making their decision for approval, approval with conditions, or denial of a
PUD:
A. The proposed PUD district is compatible with present development in the
surrounding area, and will not have a significant, adverse effect on the
surrounding area;
B. The proposed PUD district is consistent with the public health, safety and
welfare, as well as efficiency and economy in the use of land and its resources;
C. The proposed PUD district is consistent with the overall direction, intent of
Titles 16 and 17 of the Town Code, and the intent and policies of the Town’s
comprehensive plan and other policy documents of the Town;
D. The proposed PUD district provides for a creative and innovative design which
could not otherwise be achieved through other standard zoning districts;
E. The exceptions from the zoning regulations requested in the proposed PUD are
warranted by virtue of innovative design and amenities incorporated in the PUD
district;
F. The PUD provides adequate circulation in terms of internal street circulation
system, designed for the type of traffic generated, for separate living areas,
convenience, safety, access, and noise and exhaust control. Proper circulation
in parking areas shall be provided in terms of safety, convenience, separation
and screening. The PUD should provide for buffering from collector and arterial
streets through earthen berms, landscaping, and other methods;
G. The PUD provides functional open space in terms of practical usability and
accessibility, and optimum preservation of natural features, including trees and
drainage areas, recreation, views, natural stream courses, bodies of water and
wetlands;
H. To the extent practicable, the PUD provides variety in terms of housing types,
housing size, densities, facilities and open space;
I. The PUD provides for pedestrian and bicycle traffic in terms of safety,
separation, convenience, access, destination and attractiveness. If possible,
there shall be an internal pedestrian circulation system separate from the
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vehicular system such that allows access to adjacent parcels, parks, open
space, or recreational facilities within the PUD as well as links to trail systems
of the Town;
J. Building types in terms of appropriateness to density, site relationship and bulk;
K. Building design in terms of orientation, spacing, materials, color, texture,
storage, signs and lighting;
L. Landscaping of the site in terms of purpose, such as screening, types and
materials used, maintenance suitability, water demands and effect on the area;
M. Services including utilities, fire, police protection and other such services are
available or can be made available to adequately serve the development;
N. No structures in the PUD shall encroach on a floodplain except as permitted by
the Town’s floodplain ordinance;
O. No occupied structure shall be located on ground showing severe subsidence
potential without adequate design and study approved by the Town;
P. Visual relief and variety of visual sitings shall be located within the PUD through
building placement, shortened or interrupted street vistas, visual access to
open space and other design methods;
Q. The fiscal impacts on the Town, relative to expected service provision costs
and anticipated revenue to the Town;
R. Compliance with the provisions of any applicable intergovernmental
agreements;
S. The PUD incorporates a lighting plan and facilities to minimize of light drift
outside the PUD in an effort to help preserve the night sky;
T. To the extent reasonably practicable, the PUD shall strive to incorporate
“green” building standards and design guidelines for all residential and
commercial development in an effort to increase energy efficiency and reduce
energy consumption;
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U. To the extent reasonably practicable, the PUD shall strive to incorporate
renewable energy technologies;
V. To the extent reasonably practicable, the PUD shall strive to incorporate best
management practices in recycling, water conservation, soils preservation and
sustainable development practices;
W. To the extent reasonably practicable, the PUD shall strive to incorporate
infrastructure design that emphasizes technology that will encourage the
development of “knowledge workers” and will facilitate telecommuting.
6.7 Amendments to an Outline Development Plan
An amendment to the ODP development plan is a change in zoning district classification
and shall follow the same procedures as set forth herein and as stated in Title 17 of the
Town Code pertaining to the approval of an ODP, except the Town Planner may
authorize minor changes in the overall development plan that do not:
A. Alter the basic relationship of the proposed development to adjacent property;
B. Change the uses permitted;
C. Increase the maximum density, floor area ratio, or height;
D. Decrease the amount of required off-street parking; or
E. Reduce the minimum yards required at the boundary of the site.
Any administrative approvals granted under this section shall be transmitted to the
Planning Commission and Board of Trustees for their information by written
memorandum from the Town Planner. An applicant may appeal the decision of the
Town Planner to the Planning Commission.
6.8 Amendments to the Preliminary Development Plan
Except as provided below, no changes may be made in the approved PDP except upon
application and approval by the Town Board under the same procedures and
requirements as specified for the initial submittal of a PDP. The Town Planner may, at
the Planner’s sole discretion, approve an amendment to a PDP, provided that the
amendments are only:
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A. Architectural: Minor changes in the color; exterior appearance; lot coverage;
screening of outdoor storage areas; or location, siting and height of buildings,
structures, or divisional walls if required for engineering reasons or other
circumstances not foreseen at the time the PDP was approved. No change
authorized by this paragraph may increase or decrease the dimensions of any
building or structure by more than 10 percent or permit an accessory structure
whose size is greater than 10 percent of the area of the principal building or
structure.
B. Landscaping and Site Features: Changes in plant materials; minor alterations in
the location of plantings; changes in plant quantities or sizes; changes to the
location of internal sidewalks; or changes in location of parking spaces if
required for engineering reasons or other circumstances not foreseen at the
time the FDP was approved. No change authorized by this paragraph may
increase or decrease landscaping or sidewalks by more than 10 percent.
Any approved changes shall constitute an amendment to the PDP. Any administrative
amendments authorized by the Town Planner shall be transmitted to the Planning
Commission and the Board of Trustees for their information by written communication
from the Town Planner. An applicant may appeal the decision of the Town Planner to
the Planning Commission.
6.9 Amendments to the Final Development Plan
Except as provided below, no changes may be made in the approved FDP (or Overall
FDP) except upon application and approval by the Town Board under the same
procedures and requirements as specified for the initial submittal of a FDP. The Town
Planner may, at the Planner’s sole discretion, approve an amendment to a FDP,
provided that the amendments are only:
A. Architectural: Minor changes in the color; exterior appearance; lot coverage;
screening of outdoor storage areas; or location, siting and height of buildings,
structures, or divisional walls if required for engineering reasons or other
circumstances not foreseen at the time the FDP was approved. No change
authorized by this paragraph may increase or decrease the dimensions of any
building or structure by more than 10 percent or permit an accessory structure
whose size is greater than 10 percent of the area of the principal building or
structure.
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B. Landscaping and Site Features: Changes in plant materials; minor alterations in
the location of plantings; changes in plant quantities or sizes; changes to the
location of internal sidewalks; or changes in location of parking spaces if
required for engineering reasons or other circumstances not foreseen at the
time the FDP was approved. No change authorized by this paragraph may
increase or decrease landscaping or sidewalks by more than 10 percent.
Any approved changes shall constitute an amendment to the FDP. Any administrative
amendments authorized by the Town Planner shall be transmitted to the Planning
Commission and the Board of Trustees for their information by written communication
from the Town Planner. The decision of the Town Planner that a proposed amendment
does not qualify as “administrative” is not subject to administrative appeal. An applicant
may appeal to the Planning Commission any condition placed by the Town Planner
upon the Planner’s approval of an administrative amendment.
6.10 Recording of Amendments
Any approved changes to an ODP, PDP or FDP shall constitute an amendment thereto
and must be on file with the Town and noted as amendments to the FDP. The Town will
record such amendments with Weld County. Any administrative amendments
authorized by the Town Planner shall be transmitted to the Planning Commission and
the Board of Trustees for their information by written communication from the Town
Planner.
6.11 Temporary Structures
The Town Planner may approve temporary structures for an FDP to be present onsite
for a period of up to 24 months. The structure must be removed at the end of the
approval period and the site returned to the approved FDP requirements. In no event
shall any property owner be granted or acquire a right to maintain such temporary
structure beyond the 24 month period provided in this section. A site plan, with
information determined by the Town Planner, shall be submitted to the Town with a
request for such Temporary Structure. The Town Planner shall refer the site plan to the
Town Engineer, Public Works Director and Fire District for comments prior to approval.
6.12 Temporary Uses
6.12.1 Temporary Uses
The Town Planner or the Planner’s designee may approve temporary uses to be
located on property for which there is an approved ODP, PDP or FDP. The application
for approval of a temporary use shall be submitted by the property owner, or must be
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signed by the property owner to indicate the owner consents to use of the property as
requested in the application.
6.12.2 Application
The following information shall be submitted with the application form:
A. A narrative description of the temporary use. Provide a table that identifies the
height of any structure over 10 feet. Describe how all activities will comply with
the Town’s noise ordinance, as applicable.
B. Documents. Provide a copy of any applicable business and sales tax licenses.
C. Site plan. Include a complete layout of the event site with the following
information, as applicable:
1. Lot or permit area dimensions (labeled in feet)
2. Location and dimension (labeled in feet) on the property of the temporary
use
3. Location on the property of temporary use facilities (e.g. tables, chairs,
stage)
4. Location on the property of existing and planned trash containers or
dumpsters
5. Location on the property of existing and temporary use signage
6. Details of any temporary use signage
7. North arrow
8. Property address
9. Graphic Scale
10. Subdivision name, if applicable
11. Adjoining public and private streets and roads
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12. Existing buildings and structures and their existing uses
13. Fire hydrant locations
14. Emergency vehicle access location
15. Event manager’s office or station location
16. Existing fencing and planned temporary use fencing
17. Location of temporary use generators or source of electricity including
electrical layout for power cords and power sources
18. Temporary hand washing station locations
19. Existing and planned exterior lighting
20. Existing and planned parking area locations, the locations of driveway
entrances, parking stall locations; indicate the type of surface for all
21. Existing and planned pedestrian routes
22. The parking location of specific temporary vehicles or trailers
23. Existing and temporary use restroom facilities or portable toilets
24. Sound system speaker locations
25. Stages or grandstands, or similar structures
26. The location of planned temporary use utilities
6.12.3 Burden of Demonstrating
The applicant shall have the burden of demonstrating that the temporary use application
meets all applicable conditions and standards for approval of a PUD application as set
forth in Section 6.6 of these Regulations, and any approval shall be conditioned upon
the applicant applying for and being granted all other permits and licenses required by
the Firestone Municipal Code for the particular activities to be conducted. If the
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application is denied, the applicant shall be notified in writing with the specific grounds
for denial. The applicant may thereafter appeal the denial of the application to the Town
Manager, whose decision shall be final. Any appeal to the Town Manager shall be
made in writing within fifteen days of date of the denial.
6.13 Control of Development
After the planned unit development has been approved, the use of land and the
construction, modification or alteration of any buildings or structures within the planned
unit development will be governed by the approved ODP and FDP. The approved ODP
shall constitute the zoning document for the planned unit development, and the
approved FDP shall govern all land development within the PUD zone.
6.14 Variances
Notwithstanding any other provisions of this document or Title 17 of the Town Code, the
Board of Adjustment has the power to hear and decide, grant or deny applications for
variances on individual lots from the provisions of an approved planned unit
development except for use variances.
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7.0 Outline Development Plan
All ODP applicants shall provide the following submittal requirements. It is the intent of
the submittal requirements for the ODP to provide the Town with sufficient information
to adequately evaluate the plan, and not create excessive or repetitive submittal
demands on the Applicant. The Town Planner has the right to waive any of the submittal
requirements stated herein, if in the Planner’s determination such requirement is not
necessary to evaluate the intent, purpose or impact of the proposed development.
7.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
7.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
7.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, the documents noted below shall also be provided in electronic format as
noted in Chapter 2.
7.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
7.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
7.2.4 Vicinity Map
A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing
the parcel location and bordering streets within one-half mile. The map shall also show
the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch
by 11-inch sheet of paper.
7.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the application submittal date. The applicant shall provide
endorsements updating the effective date as requested by the Town.
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7.2.6 Legal Description
An overall legal description of the perimeter of the ODP is required. In addition,
separate legal descriptions are required for each proposed land use category included
in the ODP. The total acreage should be identified. All legal descriptions shall be metes
and bounds. A computer version of the legal description (Word document) on CD is also
required to be submitted by the Applicant. The Applicant shall provide lot closures for all
legal descriptions.
7.2.7 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
property.
7.2.8 Water Rights Questionnaire
A Water Rights Questionnaire (Exhibit L) must accompany the development application.
7.2.9 Fiscal Impact Analysis
Unless waived by the Town Planner, a fiscal impact analysis shall be submitted showing
the cost-benefit relationship between the property proposed to be developed and the
Town of Firestone. The fiscal impact submittal form is shown as Exhibit K.
7.2.10 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
7.2.11 Response Letter
For a second or third submittal (as described below) a letter shall be provided
describing how each staff comment or Planning Commission recommended condition (if
available) has been addressed.
7.3 ODP Cover and Text Sheets
The following information must be prepared on sheets 24-inches by 36-inches in size
and supplied in sequence with the ODP map sheets. An additional duplicate copy of
such text shall also be provided in an 8.5x11-inch format in the application notebooks
for review by the staff, Planning Commission and the Town Board during the
development review process. Such text provided in the notebooks shall also include a
copy of any notes provided on plan sheets, with a reference note as to what sheet the
text is from.
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7.3.1 Firestone Information Block
All ODP sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
7.3.2 Title Block
The following title information shall be clearly located on each page of the text sheets
and at the top center of each drawing sheet:
Outline Development Plan
PROJECT OR DEVELOPMENT NAME
Town of Firestone
County of Weld
State of Colorado
Sheet ___ of ___
7.3.3 Vicinity Map
A vicinity map shall be shown on the cover sheet of the ODP at a scale no smaller than
1-inch to 1,200-feet showing the parcel location and bordering streets within one-half
mile. The map shall also show the existing limits of the Town of Firestone.
7.3.4 Owner/Developers
The name, address, phone number, and email address of the owner(s) (and developer
if different than the owner).
7.3.5 Technical Consultants
Names, addresses, phone numbers, and email addresses of technical planning,
architectural and engineering consultants involved with the submittal of the ODP.
7.3.6 Legal Description
An overall legal description of the perimeter of the ODP is required. In addition,
separate legal descriptions are required for each proposed land use category included
in the ODP. The total acreage should be identified. All legal descriptions shall be metes
and bounds.
7.3.7 Project Concept
A statement of the character and development concept of the ODP and of how the ODP
has been planned to incorporate the goals and objectives of the PUD district.
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7.3.8 Regional Impacts
An identification and description of the potential impacts on Firestone and the
surrounding area by this development.
7.3.9 Environmental Information
The impact on significant natural features and environmental components such as
trees, wetlands, wildlife, streams, floodplains, undermining historical and archaeological
sites.
7.3.10 Utilities
A general description of utility systems and public services intended to serve the
properties displayed on the ODP and a statement of proposed financing for any major
infrastructure improvements. Note if any existing Central Weld water tap(s) is currently
serving the property and how the tap is planned to be transferred and the timing of
such.
7.3.11 Grading Concept
A general description of the overlot grading concept for the development.
7.3.12 Service Requirements
A general description of the public services that would be necessary to serve the
development, including the provider of such services.
7.3.13 Circulation Systems
A description of all existing and proposed circulation systems and proposed right-of-way
dedications.
7.3.14 Land Use and Zoning
Existing and proposed zoning and land uses for the ODP, including a statement that
specifies the justification for initial zoning or rezoning.
7.3.15 Density
The density of the proposed development, including approximate minimum and
maximum lot sizes for all land uses.
7.3.16 Building Height
A statement specifying the planned maximum building heights for all land uses within
the ODP.
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7.3.17 Land Use Table
A land use table that shows the acreage of each land use category in relationship to the
entire PUD district. This table should include the density information noted above.
7.3.18 Development Schedule
A general indication of the expected schedule of development, including any proposed
phasing. Include a plan expiration statement.
7.3.19 Park Development
A concept statement for Park, Trail and Open Space allocation. Also, add a statement
of responsibility for park and open space development. For residential uses in any
mixed-use sub-district, the Applicant shall state the location, timing and maintenance
provisions for park development.
7.3.20 Private Maintenance and Enforcement
A description of any agreements, conveyances, restrictions, or covenants which will
govern the use, maintenance and continued protection of the PUD and any of its parks,
open space, common area or joint ownership areas.
7.3.21 Approval Blocks
Approved by the Town Board of Trustees of the Town of Firestone, Colorado this
___________________ day of _________________________, 20____ by Ordinance
No. _____.
_________________________________ _________________________
Mayor ATTEST: Town Clerk
7.3.22 Acceptance Block and Notary
By signing this ODP, the owner acknowledges and accepts all of the requirements and
intent set forth herein.
______________________________
OWNER
STATE OF COLORADO )
)SS
COUNTY OF WELD )
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The foregoing instrument was acknowledged before me this _____ day of
________,2__, by _______________________________________________.
Witness my hand and official seal
_____________________________________________________
Notary Public
_____________________________________________________
My commission expires
7.4 ODP Map Sheets
The following information shall be supplied in map form. The size of the ODP map shall
be 24 inches by 36 inches. The ODP map shall be in a scale of 1-inch = 100-feet or 1-
inch = 50-feet, unless otherwise approved by the Town Planner. If the ODP map does
not fit onto one sheet, at the noted scale, an additional overall map of the development
shall be provided. This map will be a reduction of the plan so that it all fits onto one
24x36-inch sheet. If necessary, this sheet shall be the first sheet after the ODP text
sheets.
7.4.1 Firestone Information Block
All ODP sheets shall have a Firestone Information block located in the bottom right
corner of each sheet. For specifications on the Firestone Information Block, see Section
2.
7.4.2 Title Block
The following information shall be clearly located on the top center of each sheet:
Outline Development Plan
PROJECT OR DEVELOPMENT NAME
Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
7.4.3 Scale and North Arrow
The scale at which the drawings are drawn and a graphic representation, and a symbol
designating true North.
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7.4.4 Circulation Systems
The location of major existing and planned streets within and adjoining the ODP, with
notes specifying general conditions such as right-of-way width, access control, and
other pertinent factors when applicable. Off-site intersections and driveway cuts for
properties along streets that are on the perimeter of the ODP shall also be shown. The
location of major existing and planned pedestrian and non-motorized circulation
systems within and adjoining the ODP shall be shown.
7.4.5 Land Use
Existing zoning of properties adjoining the ODP.
7.4.6 Land Use Districts
The location of all proposed land use districts, including the gross acreage of each.
7.4.7 Buildings and Structures
Existing buildings, structures and features with notes specifying whether they are to
remain, including all oil and gas facilities.
7.4.8 Parcel Boundaries
A description of all monuments, both found and set, which mark the boundaries of the
parcel, including a description of two or more recorded monuments on record with Weld
County, used in conducting the survey. Only one tie will be required for parcels
containing two acres or less.
7.4.9 Utilities
Existing major utility facilities and easements.
7.4.10 Drainage
Location of existing major drainage courses, (with names, if available) and existing
regulatory floodplains.
7.4.11 Environmental
Environmentally significant areas, regulatory wetlands, hazards or features including
scenic corridors and archaeological sites.
7.4.12 Contours
The existing topographical character of the land at a contour interval no greater than
five feet or as shown on a USGS 7.5 minute series map for the area.
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7.4.13 Transportation, Park and Trails Sub-Area Plans
The following sub-area transportation plans are required to be submitted with the ODP,
unless otherwise directed by the Town Planner. The information can be combined onto
one sheet.
A. Sub-Area Vehicular Transportation Plan
B. Sub-Area Non-Motorized Circulation Plan
C. Sub-Area Park Plan
It is intended that this information be provided on a separate 24-inch by 36-inch map
sheet and shall include an area of at least two miles from the external ODP boundary.
The scale for this map shall be no smaller than 1-inch equals 1,000-feet, unless
otherwise approved by the Town Planner. This map sheet should be added to the other
map sheets and numbered sequentially there from. This sheet should identify existing
and planned facilities within the noted area and planned within the ODP.
7.5 First Submittal Requirements
The Applicant should submit five complete sets of the materials to the Planning
Coordinator. The Planning Coordinator will distribute one copy each to the Town
Engineer, the Town Planner, the Town Attorney, and Public Works for initial review. See
Exhibit R for a summary of the items required.
7.6 Application Review by Staff
Within 30 days, or as soon as reasonably possible after an Applicant has submitted a
development application, Town Staff will review the application to determine if the
application is complete. If it is not complete, Town Staff will inform the Applicant of those
items that need to be submitted or resubmitted.
7.7 Application Substantially Complete
Once Town Staff determines that the application is substantially complete, Town Staff
will inform the Applicant of that fact in writing.
7.8 Review Comments to Applicant
Once Town Staff determines that the application is substantially complete Town Staff
will review the application and provide review comments to the Applicant.
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7.9 Second Submittal Requirements
The Applicant shall address Town Staff review comments, as appropriate, and resubmit
the number of copies as itemized in Exhibit R. A written response to each of staff’s
comments shall be provided. The Applicant shall return any redlined drawings, reports,
etc. from the previous submittal.
7.10 Processing Schedule
Once the Applicant has provided the Town with the Second Submittal, and Town Staff
has found the Second Submittal to be substantially complete, Town Staff will prepare a
processing schedule for the application. A copy of the schedule will be provided to the
Applicant.
7.11 Referral Mailings
It shall be the responsibility of the Applicant to provide copies of the application
materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD
of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as
shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in
appropriately sized envelopes with the proper postage. Addresses for referral mailings
are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch
by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall
be checked consistent with the label on the same envelope (e.g. Check City of Dacono
on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to
the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized
mailing affidavit stating that the referral mailings have been completed, a list of all
parties notified and the date on which they were mailed. These notices shall be mailed
at least fifteen (15) days prior to the Planning Commission meeting, not including the
day of the meeting.
7.12 Neighborhood Meeting
A Neighborhood Meeting shall be held pursuant to Section 2.7.
7.13 Publications
Town Staff will publish proper notice of the Planning Commission meeting on the
development application.
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7.14 Notification to Owners of Interest and to Mineral Estate Owners
A. Owners of Interest. The Applicant shall submit to the Town an
Owners of Interest List as defined in these Regulations (e.g. surface owners easement
holders, and persons who have other legal or equitable interests in the property). The
list shall include the names and address of such owners. This list shall be obtained
based on records from the County Assessor's office and the Clerk & Recorder’s office
and any more recent address information as may be available in telephone or other
general use directories. The list must be certified by the Applicant in writing as true and
complete within one month prior to submitting the development application. The
applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall
request a copy of the Notice of the meeting prepared by the Town Attorney from the
Planning Coordinator, which was or will be published by the Town for the hearing. This
notice, along with a vicinity map, shall be mailed by the Applicant, via certified mail,
return receipt requested to the Owners of Interest. An affidavit of mailing shall be
provided to the Planning Coordinator stating that the Notices have been mailed to the
persons and entities on the Owners of Interest List, and mail receipts shall be delivered
to the town at or prior to the hearing. The original of all returned receipts shall also be
provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any
receipts noted as “undeliverable” by the post office shall be grouped on a separate
sheet(s). These notices shall be mailed at least fifteen (15) days prior to the Planning
Commission meeting, not including the day of the meeting.
B. Mineral Estate Owners. The Applicant shall be solely responsible for
preparing and sending notice to Mineral Estate Owner(s) in the manner required by
C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise
complying with the statute. The statute generally requires that notice of the initial public
hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date
scheduled for the hearing. The notice prepared by the Town for mailing to Owners of
Interest and Surrounding Property Owners will not contain all of the information that
must be included in the notice required by the statute to be sent to the Mineral Estate
Owner(s). The Applicant therefore must prepare the proper notice and ensure it is
mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall
in writing certify to the Town that the Applicant has provided notice to the Mineral Estate
Owner(s) as required by law. The certification shall be in a form acceptable to the Town
and such certification shall be a condition of final approval of any application.
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7.15 Notification to Surrounding Property Owners
The Applicant shall submit to the Town a Surrounding Property Owners List. The list
shall include the names and address of such owners within 300-feet of the outside
boundaries of the property subject to the development application. This list shall be
based on records from the County Assessor's office and the County Clerk & Recorder’s,
and must be certified by the Applicant as true and complete within one month prior to
submitting this application. The applicant shall prepare the notice to be sent to
Surrounding Property Owners. The Applicant shall request a copy of the Notice of the
meeting prepared by the Town Attorney from the Planning Coordinator, which was or
will be published by the Town for the hearing. This notice along with a vicinity map shall
be mailed by the Applicant, via certified mail, return receipt requested to such
Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to
the Board of Directors of any owners association existing with respect to any adjoining
property. The Town Planner may require the notice of such meeting (including the
vicinity map) also be hand delivered to certain other entities. An affidavit of mailing shall
be provided to the Planning Coordinator stating that the Notices have been mailed to
the entities on the Surrounding Property Owners List and the date on which they have
been mailed. The original of all returned receipts shall also be provided to the Planning
Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as
“undeliverable” by the post office shall be grouped on a separate sheet(s). These
notices shall be mailed at least fifteen (15) days prior to the Planning Commission
meeting, not including the day of the meeting.
7.16 Special District Inclusion Certifications
A letter from all special districts intended to serve the property, if requested by Town
staff, is required to be submitted by the Applicant stating the property is already within
such district or is within the district’s service area. It is the responsibility of the Applicant
to request such letters from the district. The Town may require inclusion into certain
special districts before development processing can conclude.
7.17 Property Posting
Property Posting is required for zoning matters. At least fifteen (15) days prior to, but not
including, the Planning Commission Public hearing date on the zoning matter the
property shall be posted with notice of such meeting. The Planning Coordinator will
prepare the signs. The Applicant can pick up the signs from the Planning Coordinator
no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the
property (near the property boundary) facing all public roadways in no more than four
directions. The Applicant shall be responsible for checking the signs each day of the
posting period and keeping an accurate log. If a sign has been moved, destroyed, or
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fallen, the sign must be replaced by the Applicant within forty-eight (48) hours. Within 10
days after final Town action on the application, the Applicant shall remove the posted
signs and return any Town signs to the Town. Such signs shall be returned to the Town
or the recording of project documents may be suspended as determined by the Town
Planner. Property posting is not required where an annexation or zoning exclusively
involves public right-of-way only.
7.18 Posting Log
The sign posting log shall be provided to the Planning Commission at the Public
Hearing. If the Posting Log is not provided, the meeting may be vacated. The property
posting log form is shown in Exhibit Q.
7.19 Staff Report for the Planning Commission
By no later that the Friday prior to the Planning Commission meeting, Town Staff will
complete a Staff Report. A copy of such report will be transmitted to the Applicant.
7.20 Preparation for Planning Commission
The Monday prior to Planning Commission Public Hearing, the Applicant shall contact
the Town Planner to discuss the Applicant’s presentation materials and exhibits. The
Town Planner may request that this conversation be at a meeting. The Town Planner
will confirm that the Applicant will bring to the hearing the necessary graphic exhibits of
the Application and other materials to assist the Planning Commission and the general
public in clearly understanding the proposal in the limited time of the public hearing.
Such graphic exhibits shall be of a size and color scheme to be easily discernable by
the audiences. Also, an additional exhibit may be required so that it can be shown to the
general public. If the Planner determines that the Applicant is unprepared for the
presentation, then the Town Planner can inform the Town Manager of such fact and the
Town Manager may require that the Public Hearing be VACATED until such necessary
information is prepared.
7.21 Planning Commission Meeting
Within 60 days, or as soon as reasonably possible, after the Town receives a complete
application, the Planning Commission shall hold a meeting on the annexation and a
public hearing on the zoning of the property. Upon completion of the hearing, the
Planning Commission shall, after commission deliberation, vote on the matter. Any
motion should briefly state the findings of fact and conclusions of the Planning
Commission with reference to the relevant and material evidence and testimony
supporting such findings of fact and conclusions. The Planning Commission may vote to
either recommend approval, approval with conditions, or denial of the application. As an
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alternative to taking action on the application at that meeting, the Planning Commission
may act in accordance with the following upon vote of the majority of the members
present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to Planning Commission at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain, as is mutually agreed upon by the
Applicant and the Planning Commission, by which time the record and all
evidence can be reviewed. At that time, the Planning Commission can either
adopt findings of fact and conclusions or direct the Town Attorney to prepare
findings of fact and conclusions for adoption at the next regular meeting after
the meeting to which the matter has been deferred.
7.22 Third Submittal Materials
After the Planning Commission meeting and prior to the Town Board meeting the
Applicant shall provide the Planning Coordinator with additional copies of submittal
items shown in Exhibit R. Prior to this submittal of these documents, the Applicant may
desire to modify the application as recommended by the Planning Commission. The
documents will need to be provided to the Town pursuant to the schedule prepared by
the Town.
7.23 Publications
Town Staff will publish proper notice of the Town Board meeting and public hearing.
7.24 Notification to Owners of Interest and to Mineral Estate Owners
The Applicant shall request a copy of the Notice of the meeting prepared by the Town
Attorney from the Planning Coordinator, which was or will be published for the hearing.
This notice along with a vicinity map shall be mailed by the Applicant, via certified mail,
return receipt requested to the Owners of Interest. The Applicant shall also prepare and
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mail or deliver a notice of the meeting to Mineral Estate Owners in the manner required
by C.R.S. § 24-65.5-101, et seq., as amended from time to time. An affidavit of mailing
shall be provided to the Planning Coordinator stating that the Notices have been mailed
to the entities on the Owners of Interest List and have been mailed or delivered to the
entities on the Mineral Estate Owners List, and mail receipts and delivery receipts shall
be delivered to the town at or prior to the hearing. The original of all returned receipts
and delivery receipts shall also be provided to the Planning Coordinator taped on an 8.5
by 11-inch sheet of paper. Any receipts noted as “undeliverable” by the post office shall
be grouped on a separate sheet(s). These notices shall be mailed or delivered at least
fifteen (15) days prior to the Town Board meeting, not including the day of the meeting.
7.25 Notification to Surrounding Property Owners
The Applicant shall request a copy of the Notice of the meeting prepared by the Town
Attorney from the Planning Coordinator, which was published for the hearing. This
notice along with a vicinity map shall be mailed by the Applicant, via certified return
receipt mail to such Surrounding Property Owners. In addition, notice shall be mailed in
the same fashion to the Board of Directors of any owners association existing with
respect to any adjoining property. An affidavit of mailing shall be provided to the
Planning Coordinator stating that the Notices have been mailed to the entities on the
Surrounding Property Owners List and the date on which they have been mailed. The
original of all returned receipts shall also be provided to the Planning Coordinator taped
on an 8.5 by 11-inch sheet of paper. Any receipts noted as “undeliverable” by the post
office shall be grouped on a separate sheet(s). These notices shall be mailed at least
fifteen (15) days prior to the Town Board meeting, not including the day of the meeting.
7.26 Property Posting By Applicant
Property Posting is required for all zoning matters. At least fifteen (15) days prior to, but
not including, the Town Board Public hearing date on the zoning matter, the property
shall be posted with notice of such meeting. The Planning Coordinator will prepare the
signs. The Applicant can pick up the signs from the Planning Coordinator no sooner
than 20 days prior to the meeting. The Applicant shall place the signs on the property
(near the property boundary) facing all public roadways with a maximum of four signs.
The Applicant shall be responsible for checking the signs each day of the posting period
and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign
must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final
Town action on the application, the Applicant shall remove the posted signs and return
any Town signs to the Town. Such signs shall be returned to the Town or the recording
of project documents may be suspended as determined by the Town Planner. Property
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posting is not required where an annexation or zoning exclusively involves public right-
of-way only.
7.27 Posting Log
The signed posting log shall be provided to the Town Board at the Public Hearing. The
posting log is shown in Exhibit Q.
7.28 Staff Report for the Town Board
By no later than the Friday prior to the Town Board meeting Town Staff shall prepare a
Staff Report. As appropriate, Town Staff will amend the Staff Report that was submitted
to the Planning Commission, for distribution to the Town Board. A draft resolution will
typically be prepared in conjunction with the Staff Report. A copy of such report and
resolution will be transmitted to the Applicant.
7.29 Preparation for the Town Board Hearing
The Monday prior to Town Board Public Hearing, the Applicant shall contact the Town
Planner to discuss the Applicant’s presentation materials and exhibits. The Town
Planner may request that this conversation be at a meeting. The Town Planner will
confirm that the Applicant will bring to the hearing the necessary graphic exhibits of the
Application and other materials to assist the Town Board and the general public in
clearly understanding the proposal in the limited time of the public hearing. Such
graphic exhibits shall be of a size and color scheme to be easily discernable by the
audiences. Also, an additional exhibit may be required so that it can be shown to the
general public. If the Planner determines that the Applicant is unprepared for the
presentation, then the Town Planner can inform the Town Manager of such fact and the
Town Manager may require that the Public Hearing be VACATED until such necessary
information is prepared.
7.30 Town Board Meeting
Within 60 days or as soon as reasonably possible after recommendation of the Planning
Commission, notice shall be provided and the Board of Trustees shall hold a public
hearing. If the recommendation of the Planning Commission is to approve or grant the
proposed zoning or rezoning, the Town Clerk shall place an ordinance embodying the
proposed rezoning on the agenda of a meeting of the Board of Trustees.
The findings of fact and conclusions and recommendations of the Planning
Commission, responses to referrals, and recommendations of planning staff shall be
submitted to the Town Clerk immediately after the final decision of the Planning
Commission and shall become a part of the record of the case before the Board of
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Trustees. The same shall be considered to be a public record and available in the office
of the Town Clerk for examination by any person from the time of filing during regular
business hours, including the members of the board.
Upon completion of the hearing, the Board of Trustees shall, after board discussion,
vote on the matter. Any action will briefly state the findings of fact and conclusions of the
Board of Trustees with reference to the relevant and material evidence and testimony
supporting such findings of fact and conclusions.
The Board shall vote to approve, approve with conditions, or deny the application, or it
may continue or table action on the application or remand the application, as permitted
by law. If the Board approves an application with conditions, the Applicant shall make
such modifications to the required text, maps, studies, etc. before the Mayor signs any
necessary approval blocks.
The Board may also act in accordance with the following upon vote of the majority of the
members present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to the Board of Trustees at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain as is mutually agreed upon by the
Applicant and the Board of Trustees by which time the record and all evidence
can be reviewed. At that time the Board of Trustees can either adopt findings of
fact and conclusions or direct the Town Attorney to prepare findings of fact and
conclusions for adoption at the next regular meeting after the meeting to which
the matter has been deferred.
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7.31 Final Document Preparation, Review and Recording
Subsequent to any approval by the Town Board, the Applicant shall provide the Town
with a paper copy of all documents amended by the Applicant, pursuant to conditions
imposed by the Town Board. Town Staff will review these amended documents relative
to any Town Board conditions. Once the documents appear satisfactory to Town Staff
relative to the noted conditions, Town Staff will request the final documents be delivered
to the Town for Recording (See Exhibit R for the proper number and material of all final
documents). The ODP and related documents shall be recorded by the Town Clerk or
his or her designee only, and recording by any other party is prohibited. If final
documents are not recorded within 120 days of the date of Town Board approval,
approval of the documents shall lapse and the Applicant shall be required to submit a
new application to be processed pursuant to the same procedures and requirements
specified for the initial application.
7.32 Publication of Ordinances and Referendum Period
The Town Clerk will publish and record all ordinances related to an ODP application.
Such ordinances may be subject to referendum, as provided by law.
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8.0 Preliminary Development Plan
All PDP applicants shall provide the following submittal requirements. It is the intent of
the submittal requirements for the PDP to provide the Town with sufficient information to
adequately evaluate the plan, and not create excessive or repetitive submittal demands
on the Applicant. For planning related submittal requirements, the Town Planner has the
right to waive any of the submittal requirements, stated herein, if in the Planner’s
determination such requirement is not necessary to evaluate the intent, purpose or
impact of the proposed development. The same authority is established for the Town
Engineer for engineering related submittal requirements. Subdivision Preliminary Plat
review shall, if necessary or appropriate, as determined by the Town Planner, is carried
out simultaneously with the PDP review. The Preliminary Plat shall be, if necessary or
appropriate as determined by the Town Engineer, processed concurrently with
Preliminary Utility Plans.
The PDP can be processed jointly with an FDP, however, it is generally not
recommended for Applicants to do so, as the level of detail associated with an FDP and
Final Utility Plans is significantly greater than that of a PDP, Preliminary Plat and
Preliminary Utility Plans. Approval by the Town of these preliminary documents assists
the Applicant in understanding the Town’s preliminary position on the development,
prior to the effort associated with final documents.
8.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
8.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
8.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, these documents noted below shall also be provided in electronic format as
noted in Chapter 2.
8.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
The Development Application has a signature block that notes the applicant has read
pertinent sections of these Development Regulations.
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8.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. An original copy with these agreements shall be provided with the First
Submittal (the First Submittal is as described below) in a separate envelope labeled
Cost Agreement and Funds Deposit Agreement Attention Finance Department. These
agreements are described in Section 2.4 and the standard format for these documents
is shown in Exhibit G. An original copy of these agreements shall be provided to the
Applicant by Town staff soon after the pre-application conference. The costs associated
with the Funds Deposit Agreement are subject to change by the Town Manager.
8.2.4 Vicinity Map
A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing
the parcel location and bordering streets within one-half mile. The map shall also show
the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch
by 11-inch sheet of paper.
8.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the application date. The applicant shall provide endorsements
updating the effective date as requested by the Town.
8.2.6 Legal Description
An overall legal description of the perimeter of the PDP is required. In addition, separate
legal descriptions are required for each proposed land use category included in the
PDP. The total acreage should be identified. All legal descriptions shall be metes and
bounds unless the property has been previously platted in the Town and the Town
Engineer approves a different legal description. A computer version of the legal
description (Word document) on CD is also required to be submitted by the Applicant.
The Applicant shall provide lot closures for all legal descriptions.
8.2.7 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
8.2.8 Special District Inclusion and Utility Provider Certifications
A letter from all special districts intended to serve the property, if requested by Town
staff, is required to be submitted by the Applicant stating the property is already within
such district or is within the district’s service area. It is the responsibility of the Applicant
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to request such letters from the district. The Town may require inclusion into certain
special districts before development processing can conclude. In addition, a letter from
all utility providers intended to serve the property is required to be submitted by the
Applicant stating the utility provider’s agreement that property is eligible for service. The
submittal at FDP should include any additional or updated letter received from utility
provide since the PDP submittal. The Town may request additional evidence that
adequate provisions have been made for reliable and adequate utility service for the
proposed subdivision or development.
8.2.9 Water Rights Questionnaire
A completed Water Rights Questionnaire (Exhibit L) must accompany the development
application.
8.2.10 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
8.2.11 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
8.2.12 Traffic Impact Study
Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the
requirements specified in Section 11.0 shall be required. The study can be included in
the notebook or as a separate document.
8.2.13 Soils Report
Unless waived by the Town Engineer, a Soils Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
8.2.14 Drainage Report
Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
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8.2.15 Hydraulic Analysis Report
Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
8.2.16 Mine Subsidence Report
Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required
for applications that have been undermined.
8.3 Response Letter
For a second or third submittal (as described below) a letter shall be provide describing
how each staff comment or Planning Commission recommended condition (if available)
has been addressed.
8.4 PDP Cover and Text Sheets
The following information shall be prepared on sheets 24-inches by 36-inches in size
and supplied at the beginning and in sequence with the PDP map sheets. This
information shall be provided in the same order as noted below. An additional duplicate
copy of such text shall also be provided in an 8.5x11-inch format (in a convertible
electronic format on the required CD) in the application notebooks for review by Town
staff, Planning Commission and the Town Board during the development review
process.
8.4.1 Firestone Information Block
All PDP sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
8.4.2 Title Block
The following title information shall be clearly located on each page of the text sheets
and at the top center of each drawing sheet:
Preliminary Development Plan
PROJECT OR DEVELOPMENT NAME
Phase or Filing No.
Town of Firestone
Weld County
State of Colorado
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Sheet ___ of ___
8.4.3 Vicinity Map
A vicinity map shall to be added to the cover sheet of the PDP at a scale no smaller
than 1-inch to 1,200-feet showing the parcel location and bordering streets within one-
half mile. The map shall also show the existing limits of the Town of Firestone.
8.4.4 Owner/Developers
The name, address, phone number, and email address of the owner(s) (and developer
if different than the owner).
8.4.5 Technical Consultants
Names, addresses, phone numbers, and email addresses of technical planning,
architectural and engineering consultants involved with the submittal of the PDP.
8.4.6 Legal Description
An overall legal description of the perimeter of the PDP is required. In addition, separate
legal descriptions are required for each proposed land use category included in the
PDP. The total acreage should be identified. All legal descriptions shall be metes and
bounds unless the property has been previously platted in the Town and the Town
Engineer approves a different legal description.
8.4.7 Project Concept
A statement of the character and development concept of the PDP and of how the PDP
has been planned to incorporate the goals and objectives of the PUD district.
8.4.8 Land Use Table
A land use table that shows building coverage and gross building square footage for
each building. The percentage of paved areas, park areas, and open space areas in
relationship to the gross area of the PDP shall also be shown. For residential single-
family applications, the land use table shall include a detailed breakdown of lot sizes
based on the following tiers:
Lot Size (square feet)
0-10,000
10,001-12,500
12,501-15,000
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8.3.1 Residential Densities
Gross density of any residential uses shall be shown in dwelling units per acre.
Minimum and maximum lot sizes shall also be provided.
8.3.2 Environmental Impact Mitigation
A description of special treatment for any environmentally significant area, hazard or
feature, including scenic corridors and archaeological sites.
8.4.9 Private Maintenance and Enforcement
Agreements, provisions, or covenants which are intended to govern the use,
maintenance and continued protection of the PDP and any of its common areas and
landscaped areas, including a statement of responsibility for park development, if
applicable.
8.4.10 Parks, Trails and Open Space
A description of any public and private open space, greenbelts and trail areas and the
maintenance responsibility for each.
8.4.11 Controls
A statement shall be included in the PDP that specifies how any common open space
shown in the PDP will be developed and maintained. Copies of any agreements,
conveyances, restrictions or covenants which will govern the use, maintenance, and
continued protection of the PDP and any of its park, open space, common area, or joint
ownership areas shall also be provided.
15,001-17,500
17,501-20,500
20,501-23,000
23,001-25,500
25,501-28,000
28,001-30,500
30,501-33,000
33,001-35,500
35,501-38,000
38,001-41,000
41,001-43,500
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8.4.12 Drainage
A description of all drainage courses and planned improvements.
8.4.13 Utilities
A general description of all utility systems and improvements.
8.4.14 Water Dedication
Include the appropriate water dedication paragraph for the application pursuant to
Exhibit X.
8.4.15 Parking
The number of parking spaces for each land use and the total square footage of internal
landscaping within each parking area. Internal landscaping includes all landscaping
within and including adjacent buffer and setback areas.
8.4.16 Architecture
A description of architectural treatments for all building elevations and other site
features.
Include the following notes and chart:
Architecture
General Standards
Architectural standards will conform to town regulations and municipal code as
they may be amended from time to time.
Elevations
Sample architectural elevations indicating the general architectural style homes are
shown on Sheets ___. All homebuilders shall submit plans that are generally
consistent with the noted sample elevations and meets the architectural and
development standards noted below:
1. Generally, when looking at the Front of any lot, the Right Elevation is to the
right of the Front, the Left Elevation is to the left of the Front and the Rear
Elevation is opposite the Front of the lot (i.e. the Front Elevation).
2. Rock means rock, brick, stone or cultured stone.
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3. All homes shall have a minimum of 25% of the entire front elevation (with the
area of the garage also included in the calculation) in rock. The Town Planner
in his sole discretion may reduce the requirement to 20%, if it can be
demonstrated that the elevation does not need 25% to be aesthetically
pleasing or to avoid a situation where rock would be required on the second
story.
4. All homes shall meet the following architectural standards:
A. All lap siding shall be no less than 8-inches with no less than a 7-inch
exposure. Cottage siding is prohibited.
B. All windows and building corners must have a minimum of a 4-inch trim
board.
C. Roof materials shall be dimensional asphalt shingle treatment designed
to provide increased contrast and shadows. The roof colors shall
coordinate with or complement the main color of the structure.
D. Similar house elevations shall not be placed next to or directly across
from one another.
E. Detached garages are not permitted.
F. All residential homes shall be “stick built” and have a minimum of a two
car garage.
G. All homes shall have a minimum floor area of _____ square feet for
ranch plans (single story) and ____ square feet for multi-level plans.
Notwithstanding the foregoing, all homes that directly back up to (fill in
with name of arterial street) on lots in excess of ____square feet shall
have a minimum floor area of ____ square feet for multi-level plans. A
minimum floor area of _____square feet for ranch plans is acceptable on
such lots. In all cases the calculation of floor area does not include the
floor area of any part of the garage, basement, attic, deck, patio or other
similar accessory area.
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H. All homes shall have a basement where technically feasible as
determined by the Town Engineer. Where a basement is not feasible, the
homes shall have “crawl spaces”.
I. Any elevation that has rock, brick or cultured stone at the base of the
elevation, such material shall wrap around at least 2-feet on to the
adjoining elevation.
5. Enhanced Elevation Option 1 shall mean the elevation shall have a minimum
of 25% rock or cultured stone, with at least one window. All windows shall
have shutters. The Town Planner in his sole discretion may, on a case by
case basis, waive the requirement for a window, if it can be demonstrated that
the window would not be prominent to the view from (fill in with name of
arterial street), conflict with the interior architecture or conflict with windows on
an adjoining home. The following items shall also be included in with Option 1:
A. The rear elevation must include at least two windows or one window and
one doorway.
B. The rear elevation shall have a minimum of two roof breaks to create a
variation in roof massing.
C. The rear wall shall include at least one of the following elements.
! Angled or box bay.
! Deck or balcony.
6. Enhanced Elevation Option 2 shall mean the elevation shall have at least one
window. All windows shall have shutters. The Town Planner may on a case by
case basis, in his sole discretion waive the requirement for a window on any
elevation, if it can be demonstrated that the window would not be prominent to
the view from (fill in with name of arterial street), conflict with the interior
architecture or conflict with windows on an adjoining home. The following
items shall also be included in with Option 2:
A. The rear elevation shall have a minimum of two roof breaks to create a
variation in roof massing.
B. Decorative gable end vent or vents.
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C. The rear wall shall include at least one of the following elements.
! Angled or box bay.
! Deck or balcony.
7. At time of Final Development Plan for each filing, an enhanced elevations
table will be provided which identifies the architectural treatments required for
the noted lots in the FDP Filing in a form similar to the chart noted below.
Elevations and Option
Number
Lot
Number Right Left Rear
Block 1
1
2
Block 2
1
2
Foundation Walls
! The maximum amount of foundation wall permitted to be exposed
above finished grade is 8".
Address Signs
! Street addresses are to be prominently displayed in contrasting color
plainly visible from the street.
Accessory Buildings
! Each lot will be allowed a maximum of one accessory building. The
square footage of the accessory building located on the ground shall
be no larger than 200 square feet and must be constructed of
durable, low maintenance materials, architecturally compatible and
integrated with existing buildings and structures. Accessory buildings
and facilities are to be screened, to the extent possible, from public
streets and sidewalks, either by screening, landscaping, location or
other techniques deemed sufficient.
8.4.17 Setbacks
All setbacks from roadways and/or property lines shall be specified.
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Include the following notes:
Setbacks
! Decks may be covered provided such cover does not extend into the
building setbacks.
! Uncovered decks are permitted if they meet the following standards:
-A deck shall be no closer than 14 feet from the rear property line.
Deck setbacks shall be measured from the lot line to any portion of
the deck.
-No deck shall be constructed within the side setbacks or upon any
established easement.
-Decks shall be no greater than 30 inches in height unless the deck is
constructed within the standard building setback.
8.4.18 Development Schedule
The approximate date on which construction of the project will begin, the stages in
which the project will be built, the approximate date when the construction of each stage
will begin, the approximate rate of development, the interim uses and treatment of areas
waiting to be developed, the approximate dates when the development of each of the
stages in the development will be completed and the area and location of common open
space that will be provided at each stage of the development. Include a plan expiration
statement.
8.4.19 Sign Program
A general description of the signs to be used, indicating shape, size, material, color,
location and text of all permitted signs.
8.4.20 Approval Block
Approval Blocks as follows:
Approved by the Town Board of Trustees of the Town of Firestone, Colorado this
___________________ day of _________________________, 20____ by Resolution
No. __________.
_____________________________ _________________________
Mayor ATTEST: Town Clerk
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8.4.21 Acceptance Block and Notary
By signing this PDP, the owner acknowledges and accepts all of the requirements and
intent set forth herein.
______________________________
OWNER
STATE OF COLORADO )
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _____ day of _________,
2__, by _______________________________________________.
Witness my hand and official seal
_____________________________________________________
Notary Public
_____________________________________________________
My commission expires
8.5 PDP Map Sheets
The following information shall be supplied in drawing form. The size of the PDP
drawings shall be 24 inches by 36 inches. The information may be oriented either
horizontally or vertically provided north is oriented to the top of any map. The following
12 individual drawings are required. These plans shall be numbered sequentially and
use the same “graphic architectural standards” throughout.
A. Project Plan
B. Tract Plan
C. Site Plan
D. Grading Plan
E. Landscape Plan
F. Fencing Plan
G. Signage Plan
H. Building Elevations
I. Utility Plan
J. Cross Sections
K. Sub-Area Plans
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The following information shall be supplied with all the required drawings:
8.5.1 Firestone Information Block
All PDP sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
8.5.2 Title Block
The following information shall be clearly located on the top center of each sheet:
Preliminary Development Plan
PROJECT OR DEVELOPMENT NAME
Planned Unit Development
Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
8.5.3 Scale and North Arrow
The scale at which the drawings are drawn and a graphic representation and a symbol
designating true North.
8.5.4 Dimensions
Where appropriate on all map sheets, general plan dimensions shall be shown.
8.5.5 Parcel Boundaries
Where appropriate, a description of all monuments, both found and set, which mark the
boundaries of the parcel, including a description of two or more recorded monuments on
record with Weld County, used in conducting the survey. Only one tie will be required
for parcels containing two acres or less.
8.5.6 Project Plan
An overall plan of the project at whatever scale necessary to show the entire
development on one 24-inch by 36-inch sheet.
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8.5.7 Tract Plan
The Tract Plan shall show all streets, lots and development areas. The plan shall be at
a scale to fit on one 24-inch by 36-inch sheet unless otherwise directed or approved by
the Town Planner. All proposed Tracts shall be clearly identified.
8.5.8 Maintenance Table
A maintenance table shall be provided showing the ownership and maintenance
responsibilities of each tract.
8.5.9 Site Plan
The Site Plan shall be drawn at one of the following scales: 1-inch = 50-feet, 1-inch =
40-feet, 1-inch = 30-feet or 1-inch = 20-feet, unless another scale is determined
appropriate by the Town Planner. If the Site Plan map does not fit onto one sheet, at the
noted scale, an additional overall map of the development shall be provided. This map
will be a reduction of the plan so that it all fits onto a 24x36-inch sheet. If necessary, this
sheet shall be the first sheet after the PDP text sheets. The following information shall
be supplied on the Site Plan drawing:
8.5.10 Adjacent Properties
A list of contiguous property uses and subdivision names (and reception numbers if
plats have been recorded).
8.5.11 Structures and Improvements
Approximate location of all existing or planned structures within the PDP and within one
hundred fifty feet of its external boundary.
8.5.12 Roadways, Right-of-Ways and Easements
Specific location and dimensions of all existing and proposed roadways, alleys and
access easements, other rights-of-way and other utility easements. Private drives shall
be indicated as such. Existing and proposed points of ingress and egress shall be
shown. Typical sections shall be included for all existing or planned roadways, showing
applicable dimensions.
8.5.13 Paved Areas
Location and type of surfacing for streets, walkways, bikeways, parking lots and other
paved areas.
8.5.14 Setbacks and Lot Lines
Location and dimension of lot lines and setback lines.
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8.5.15 Corner Lot Orientation
For all platted lots, use an arrow to identify the front of the lot toward which the building
shall face.
8.5.16 Outdoor Storage Areas
Any area used or intended to be used for outdoor storage.
8.5.17 Open Space Areas
Location and dimension of all open space areas and private greenbelts. For residential
uses in a mixed-use sub-district, the location of any required park areas shall be shown.
Areas identified as public parks should be noted as such.
8.5.18 Land Use
Existing land uses and/or subdivisions within 300-feet of the PDP boundary and the
existing and proposed land uses and acreages within the PDP.
8.5.19 Trash Disposal Areas
Location, dimension, color, and construction materials for all trash disposal areas.
8.5.20 Mailboxes, Signs, Lighting and Advertising Devices
Location, height and size of existing and proposed freestanding mailboxes (including
neighborhood mailboxes in residential areas), signs, exterior lighting and other
advertising devices.
8.5.21 Utility Screening
Location and screening of all utilities, whether building or ground mounted.
8.5.22 Vegetation
Any existing forested areas and areas composed of unique vegetation to remain after
construction.
8.5.23 Drainage Information
Designation of areas subject to the 100-Year Floodway and Flood Storage Area.
8.5.24 Cultural Impact Information
Designate sites of historic, archaeological, or paleontological significance, identified by
the State Archaeologist or State Historical Society, which are on the proposed site of
development. If necessary, this information must include an assessment of the
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mitigation measures or other proposals for preservation or identification of such sites,
and the location of the areas.
8.5.25 Grading Plan
Unless otherwise approved by the Town Planner, the Grading Plan shall be at the same
scale as the Site Plan. In addition to relevant information from the Site Plan, the
following information shall be supplied on the Grading Plan drawing:
8.5.26 Existing Contours
Existing contours shall be shown in all directions from the external PDP boundary for a
minimum distance of 50-feet
All off-site contour lines, which have been approved by the Town or the County, as
appropriate, for all adjacent platted properties which have not been constructed, within
the distances noted above, shall be shown and noted as such.
8.5.27 Proposed Contours
Proposed contour lines shall be shown at 1-foot intervals, unless otherwise approved by
the Town. In areas with extreme topographical relief, contour lines at intervals of 2-foot
need only be exhibited in the vicinity of buildings or areas of significant grading, such as
parking areas, as practical.
8.5.28 Drainage Information
Designation of areas subject to the 100-Year Floodway and Flood Storage Area. This
information shall be provided by the Town Engineer. If this information is not available, a
tentative flood plain will be defined by agreement between the Town Engineer and the
owner/developer's engineer, according to generally accepted engineering standards,
practices, and procedures of the Town of Firestone, Urban Drainage and Flood Control
District, FEMA, and other pertinent regulatory agencies. Any PDP that includes any
area subject to the 100-Year Flood shall generally show that adequate drainage is
provided in order to reduce the exposure of flood hazards to the property, adjoining
property and all public utilities including, sewer, gas, electrical and water.
All buildings shall be constructed in conformance with the provisions in the Town's
Flood Plain Ordinance. The intent is to have buildings sustain only minimal, if any,
damage should a flood occur.
8.5.29 Paved Areas
Location of streets, walkways, bikeways, parking lots and other paved areas.
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8.5.30 Landscape Plan
Unless otherwise approved by the Town Planner, the Landscape Plan shall be at the
same scale as the Site Plan. In addition to relevant information from the Site Plan, the
following information shall be supplied on the Landscape Plan drawing:
8.5.31 Statement of Intent
A statement regarding the general intent of the landscape plan, including such subjects
as screening, berming, shade, privacy, wind control, phasing, and solar access.
8.5.32 Paved Areas
Location of streets, walkways, bikeways, parking lots and other paved areas.
8.5.33 Structures
Approximate location of all existing or planned structures within the PDP, including park
development features such as playground equipment for public and private park areas.
8.5.34 Location of Landscape Items
The landscape plan shall show the location of plant and architectural materials
(including items such as lighting, signage and fencing that are not already described in
the PDP). Typical landscape plans may be provided for typical residential dwelling units,
if approved by the Town Planner. Landscape plans shall be provided for the rear yards
(as may be appropriate, as determined by the Town Planner) and HOA owned areas
that are along major abutting roadways.
8.5.35 Material List
A general description of all the materials used in the landscape design shall be including
the maximum height for ornamental grasses.
8.5.36 Irrigation
Narrative notes regarding the method, design and layout of irrigation facilities for all
landscape areas. All areas, including native turf areas, must be irrigated.
8.5.37 Phasing
A description of any landscape phasing plan.
8.5.38 Fencing Plan
Provide the following information relative to the preparation of the fencing plan.
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8.5.39 Fencing Concept
Provide a specific text description of the fencing to be used, indicating shape, size,
material, color, and location.
8.5.40 Fencing Plan
Provide an overall map show the location of fencing and indicate in a legend the
development and construction responsibility of all areas
8.5.41 Fencing Elevations and Details
Provide fencing elevations and details.
8.5.42 Signage Plan
Provide the following information relative to the preparation of the signage plan on a
specific plan sheet.
8.5.43 Signage Concept
Provide a general description of the concept for the signage used.
8.5.44 Signage Plan
Provide specific information relative to the signs to be used, indicating shape, size,
material, color, location and text of all permitted signs.
8.5.45 Signage Details
Provide signage details at a specific scale.
8.5.46 Building Elevations
Elevations of all sides of all proposed structures and improvements shall be shown on
the PDP map and labeled to show the direction of the view. Typical elevations may be
submitted for single-family dwellings; however, specific drawings for all elevations of
multi-family dwellings shall be submitted. A final architectural plan is not required by this
section.
8.5.47 Utility Plan
For development applications that do not require a submittal of Final Utility Plans
pursuant to Section 11.0, a map sheet shall be provided that shows all necessary public
utilities and connections thereto necessary to serve the proposed development.
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8.5.48 Cross Sections
If the Town Planner determines the development is in uniquely close proximity to other
buildings, residential areas or below the existing grade of surrounding areas, cross
sections of the property, including adjoining properties, shall be submitted. The location
of the cross sections, the distance the cross sections need to be from the external
property boundary, and the information to be shown on the cross sections will be
determined by the Town Planner. The cross sections shall show all outdoor storage
areas and buildings. The vertical scale shall not exceed four times the horizontal scale.
8.5.49 Transportation, Park and Trails Sub-Area Plan
The following sub-area transportation plans are required to be submitted with the PDP,
unless otherwise directed by the Town Planner. The information can be combined onto
one sheet.
A. Sub-Area Vehicular Transportation Plan
B. Sub-Area Non-Motorized Circulation Plan
C. Sub-Area Park Plan
It is intended that this information be provided on a separate 24-inch by 36-inch map
sheet and shall include an area of at least two miles from the external PDP boundary.
The scale for this map shall be no smaller than 1-inch equals 1,000-feet, unless
otherwise approved by the Town Planner. This map sheet should be added to the other
map sheets and numbered sequentially there from. This sheet should identify existing
and planned facilities within the noted area and planned within the PDP.
8.6 First Submittal Requirements
The Applicant should submit five complete sets of the materials to the Planning
Coordinator. The Planning Coordinator will distribute one copy each to the Town
Engineer, the Town Planner, the Town Attorney, and Public Works for initial review. See
Exhibit S for a summary of the items required. The Planning Coordinator will not
distribute any application that is not accompanied by an executed Cost Agreement and
Funds Deposit Agreement.
8.7 Application Review by Staff
Within 30 days, or as soon as reasonably possible after an Applicant has submitted a
development application, Town Staff will review the application to determine if the
application is complete. If it is not complete, Town Staff will inform the Applicant of those
items that need to be submitted or resubmitted.
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8.8 Application Substantially Complete
Once Town Staff determines that the application is substantially complete, Town Staff
will inform the Applicant of that fact in writing.
8.9 Review Comments to Applicant
Once Town Staff determines that the application is substantially complete Town Staff will
review the application and provide review comments to the Applicant.
8.10 Second Submittal Requirements
The Applicant shall address Town Staff review comments, as appropriate, and resubmit
the number of copies as itemized in Exhibit S. A written response to each of staff’s
comments shall be provided. The Applicant shall return any redlined drawings, reports,
etc. from the previous submittal.
8.11 Referral Mailings
It shall be the responsibility of the Applicant to provide copies of the application
materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD
of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as
shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in
appropriately sized envelopes with the proper postage. Addresses for referral mailings
are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch
by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall
be checked consistent with the label on the same envelope (e.g. Check City of Dacono
on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to
the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized
mailing affidavit stating that the referral mailings have been completed, a list of all
parties notified and the date on which they were mailed. These notices shall be mailed
at least fifteen (15) days prior to the Planning Commission meeting, not including the
day of the meeting.
8.12 Processing Schedule
Once the Applicant has provided the Town with the Second Submittal, and Town Staff
has found the Second Submittal to be substantially complete, Town Staff will prepare a
processing schedule for the application. A copy of the schedule will be provided to the
Applicant. If the application includes a subdivision request, the schedule shall provide
that, after the second submittal is received and all referral and comment periods have
been completed, the application shall be transmitted to the Planning Commission for
action within 30 days thereafter, unless the applicant requests or consent to a longer
period of time.
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8.13 Neighborhood Meeting
A Neighborhood Meeting shall be held pursuant to Section 2.7.
8.14 Publications
The Town Clerk will publish proper notice of the Planning Commission and Town Board
meeting on the development application.
8.15 Notification to Owners of Interest and to Mineral Estate Owners
A. Owners of Interest. The Applicant shall submit to the Town an
Owners of Interest List as defined in these Regulations (e.g. surface owners, easement
holders, and persons who have other legal or equitable interests in the property). The
list shall include the names and address of such owners. This list shall be obtained
based on records from the County Assessor's office and the Clerk & Recorder’s office,
and any more recent address information as may be available in telephone or other
general use directories. The list must be certified by the Applicant in writing as true and
complete within one month prior to submitting the development application. The
applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall
request a copy of the Notice of the meeting prepared by the Town Attorney from the
Planning Coordinator, which was or will be published by the Town for the hearing. This
notice, along with a vicinity map, shall be mailed by the Applicant, via certified mail,
return receipt requested to the Owners of Interest. An affidavit of mailing shall be
provided to the Planning Coordinator stating that the Notices have been mailed to the
persons and entities on the Owners of Interest List, and mail receipts shall be delivered
to the town at or prior to the hearing. The original of all returned receipts shall also be
provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any
receipts noted as “undeliverable” by the post office shall be grouped on a separate
sheet(s). These notices shall be mailed at least 15 (15) days prior to the Planning
Commission meeting, not including the day of the meeting.
B. Mineral Estate Owners. The Applicant shall be solely responsible for
preparing and sending notice to Mineral Estate Owner(s) in the manner required by
C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise
complying with the statute. The statute generally requires that notice of the initial public
hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date
scheduled for the hearing. The notice prepared by the Town for mailing to Owners of
Interest and Surrounding Property Owners will not contain all of the information that
must be included in the notice required by the statute to be sent to the Mineral Estate
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Owner(s). The Applicant therefore must prepare the proper notice and ensure it is
mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall
in writing certify to the Town that the Applicant has provided notice to the Mineral Estate
Owner(s) as required by law. The certification shall be in a form acceptable to the Town
and such certification shall be a condition of final approval of any application.
8.16 Notification to Surrounding Property Owners
The Applicant shall submit to the Town a Surrounding Property Owners List. The list
shall include the names and address of such owners within 300-feet of the outside
boundaries of the property subject to the development application. This list shall be
based on records from the County Assessor's office and the County Clerk & Recorder’s
office, and must be certified by the Applicant as true and complete within one month
prior to submitting this application. The applicant shall prepare the notice to be sent to
Surrounding Property Owners. The Applicant shall request a copy of the Notice of the
meeting prepared by the Town Attorney from the Planning Coordinator, which was or
will be published by the Town for the hearing. This notice along with a vicinity map shall
be mailed by the Applicant, via certified mail, return receipt requested to such
Surrounding Property Owners. In addition, Notice shall be mailed in the same fashion to
the Board of Directors of any owners association existing with respect to any adjoining
property. The Town Planner may require the notice of such meeting (including the
vicinity map) also be hand delivered to certain other entities. An affidavit of mailing shall
be provided to the Planning Coordinator stating that the Notices have been mailed to
the entities on the Surrounding Property Owners List and the date on which they have
been mailed. The original of all returned receipts shall also be provided to the Planning
Coordinator taped on an 8.5 by 11-inch sheet of paper. Any receipts noted as
“undeliverable” by the post office shall be grouped on a separate sheet(s). These
notices shall be mailed at least fifteen (15) days prior to the Planning Commission
meeting, not including the day of the meeting.
8.17 Property Posting
Property Posting is required for zoning matters. At least fifteen (15) days prior to, but not
including, the Planning Commission Public hearing date on the zoning matter the
property shall be posted with notice of such meeting. The Planning Coordinator will
prepare the signs. The Applicant can pick up the signs from the Planning Coordinator
generally no sooner than 20 days prior to the meeting. The Applicant shall place the
signs on the property (near the property boundary) facing all public roadways with a
maximum of four signs. The Applicant shall be responsible for checking the signs each
day of the posting period and keeping an accurate log. If a sign has been moved,
destroyed, or fallen, the sign must be replaced by the Applicant within forty-eight (48)
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hours. Within 10 days after final Town action on the application, the Applicant shall
remove the posted signs and return any Town signs to the Town. Property posting is not
required where an annexation or zoning exclusively involves public right-of-way only.
8.18 Posting Log
The sign posting log shall be provided to the Planning Commission at the Public
Hearing. If the Posting Log is not provided, the meeting may be vacated or continued.
The property posting log form is shown in Exhibit Q.
8.19 Staff Report for the Planning Commission
By no later that the Friday prior to the Planning Commission meeting, Town Staff will
complete a Staff Report. A copy of such report will be transmitted to the Applicant.
8.20 Preparation for Planning Commission
The Monday prior to Planning Commission Public Hearing, the Applicant shall contact
the Town Planner to discuss the Applicant’s presentation materials and exhibits. The
Town Planner may request that this conversation be at a meeting. The Town Planner
will confirm that the Applicant will bring to the hearing the necessary graphic exhibits of
the Application and other materials to assist the Planning Commission and the general
public in clearly understanding the proposal in the limited time of the public hearing.
Such graphic exhibits shall be of a size and color scheme to be easily discernable by
the audiences. Also, an additional exhibit may be required so that it can be shown to the
general public. If the Planner determines that the Applicant is unprepared for the
presentation, then the Town Planner can inform the Town Manager of such fact and the
Town Manager may require that the Public Hearing be VACATED until such necessary
information is prepared.
8.21 Planning Commission Meeting
Within 30 days, or as soon as reasonably possible, after the Town receives a complete
application, the Planning Commission shall hold public hearing on the Preliminary
Development Plan. Upon completion of the hearing, the Planning Commission shall,
after commission deliberation, vote on the matter. Any motion should briefly state the
findings of fact and conclusions of the Planning Commission with reference to the
relevant and material evidence and testimony supporting such findings of fact and
conclusions. The Planning Commission may vote to either recommend approval,
approval with conditions, or denial of the application. As an alternative to taking action
on the application at that meeting, the Planning Commission may act in accordance with
the following upon vote of the majority of the members present:
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A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to the Planning Commission at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain, as is mutually agreed upon by the
Applicant and the Planning Commission, by which time the record and all
evidence can be reviewed. At that time the Planning Commission can either
adopt findings of fact and conclusions or direct the Town Attorney to prepare
findings of fact and conclusions for adoption at the next regular meeting after
the meeting to which the matter has been deferred.
8.22 Third Submittal Materials
After the Planning Commission meeting and prior to the Town Board meeting the
Applicant shall provide the Planning Coordinator with additional copies of submittal
items shown in Exhibit S. Prior to this submittal of these documents, the Applicant may
desire to modify the application as recommended by the Planning Commission. The
documents will need to be provided to the Town pursuant to the schedule prepared by
the Town.
8.23 Publications
Town Staff will publish proper notice of the Town Board meeting and public hearing.
8.24 Notification to Owners of Interest and to Mineral Estate Owners
The Applicant shall request a copy of the Notice of the meeting prepared by the Town
Attorney from the Planning Coordinator, which was or will be published for the hearing.
This notice along with a vicinity map shall be mailed by the Applicant, via regular mail to
the Owners of Interest. The Applicant shall also prepare and mail or deliver a notice of
the meeting to Mineral Estate Owners in the manner required by C.R.S. § 24-65.5-101,
et seq., as amended from time to time. An affidavit of mailing shall be provided to the
Planning Coordinator stating that the Notices have been mailed to the entities on the
Owners of Interest List and have been mailed or delivered to the entities on the Mineral
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Estate Owners List, and mail receipts and delivery receipts shall be delivered to the
town at or prior to the hearing. The original of all returned receipts and delivery receipts
shall also be provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of
paper. Any receipts noted as “undeliverable” by the post office shall be grouped on a
separate sheet(s). These notices shall be mailed or delivered at least fifteen (15) days
prior to the Town Board meeting, not including the day of the meeting.
8.25 Notification to Surrounding Property Owners
The Applicant shall request a copy of the Notice of the meeting prepared by the Town
Attorney from the Planning Coordinator, which was published for the hearing. This
notice along with a vicinity map shall be mailed by the Applicant, via certified return
receipt mail to such Surrounding Property Owners. In addition, Notice shall be mailed in
the same fashion to the Board of Directors of such adjoining subdivision or
condominium association. An affidavit of mailing shall be provided to the Planning
Coordinator stating that the Notices have been mailed to the entities on the Surrounding
Property Owners List and the date on which they have been mailed. The original of all
returned receipts shall also be provided to the Planning Coordinator taped on an 8.5 by
11-inch sheet of paper. Any receipts noted as “undeliverable” by the post office shall be
grouped on a separate sheet(s). These notices shall be mailed at least fifteen (15) days
prior to the Town Board meeting, not including the day of the meeting.
8.26 Property Posting by Applicant
Property Posting is required for all zoning matters. At least fifteen (15) days prior to, but
not including, the Town Board Public hearing date on the zoning matter, the property
shall be posted with notice of such meeting. The Planning Coordinator will prepare the
signs. The Applicant can pick up the signs from the Planning Coordinator no sooner
than 20 days prior to the meeting. The Applicant shall place the signs on the property
(near the property boundary) facing all public roadways with a maximum of four signs.
The Applicant shall be responsible for checking the signs each day of the posting period
and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign
must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final
Town action on the application, the Applicant shall remove the posted signs and return
any Town signs to the Town. Such signs shall be returned to the Town or the recording
of project documents may be suspended as determined by the Town Planner. Property
posting is not required where an annexation or zoning exclusively involves public right-
of-way only.
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8.27 Posting Log
The sign posting log shall be provided to the Town Board at the Public Hearing. The
posting log is shown in Exhibit Q.
8.28 Staff Report for the Town Board
By no later than the Friday prior to the Town Board meeting Town Staff shall prepare a
Staff Report. As appropriate, Town Staff will amend the Staff Report that was submitted
to the Planning Commission, for distribution to the Town Board. A draft resolution will
typically be prepared in conjunction with the Staff Report. A copy of such report and
resolution will be transmitted to the Applicant.
8.29 Preparation for the Town Board Hearing
The Monday prior to Town Board Public Hearing, the Applicant shall contact the Town
Planner to discuss the Applicant’s presentation materials and exhibits. The Town
Planner may request that this conversation be at a meeting. The Town Planner will
confirm that the Applicant will bring to the hearing the necessary graphic exhibits of the
Application and other materials to assist the Town Board and the general public in
clearly understanding the proposal in the limited time of the public hearing. Such
graphic exhibits shall be of a size and color scheme to be easily discernable by the
audiences. Also, an additional exhibit may be required so that it can be shown to the
general public. If the Planner determines that the Applicant is unprepared for the
presentation, then the Town Planner can inform the Town Manager of such fact and the
Town Manager may require that the Public Hearing be VACATED until such necessary
information is prepared.
8.30 Town Board Meeting
Within 60 days or as soon as reasonably possible after recommendation of the Planning
Commission, notice shall be mailed in the same fashion and the Board of Trustees shall
hold a public hearing. If the recommendation of the Planning Commission is to approve
or grant the proposed PDP, the Town Clerk shall place a resolution regarding the
proposed PDP on the agenda of a meeting of the Board of Trustees.
The findings of fact and conclusions and recommendations of the Planning
Commission, responses to referrals, and recommendations of planning staff shall be
submitted to the Town Clerk immediately after the final decision of the Planning
Commission and shall become a part of the record of the case before the Board of
Trustees. The same shall be considered to be a public record and available in the office
of the Town Clerk for examination by any person from the time of filing during regular
business hours, including the members of the Board.
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Upon completion of the hearing, the Board of Trustees shall, after board discussion,
vote on the matter. Any action will briefly state the findings of fact and conclusions of the
Board of Trustees with reference to the relevant and material evidence and testimony
supporting such findings of fact and conclusions.
The Board shall vote to approve, approve with conditions, or deny the application or it
may continue or table action on the application, or remand the application, as permitted
by law. If the Board approves an application with conditions the Applicant shall make
such modifications to the required text, maps, studies, etc. before the Mayor shall sign
any necessary approval blocks.
The Board may also act in accordance with the following upon vote of the majority of the
members present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to the Board of Trustees at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain as is mutually agreed upon by the
Applicant and the Board of Trustees by which time the record and all evidence
can be reviewed. At that time the Board of Trustees can either adopt findings of
fact and conclusions or direct the Town Attorney to prepare findings of fact and
conclusions for adoption at the next regular meeting after the meeting to which
the matter has been deferred.
8.31 Final Document Preparation and Review
Subsequent to any approval by the Town Board, the Applicant shall provide the Town
with a paper copy of all documents amended by the Applicant, pursuant to conditions
imposed by the Town Board. Town Staff will review these amended documents relative
to any Town Board conditions. Once the documents appear satisfactory to Town Staff
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relative to the noted conditions, Town Staff will request the final documents are
delivered to the Town for filing (See Exhibit S for the proper number and material of all
final documents). If final documents are not filed with the Town within 120 days of the
date of Town Board approval, approval of the documents shall lapse and the Applicant
shall be required to submit a new application to be processed pursuant to the same
procedures and requirements as the initial application. The PDP shall not be recorded
by any party.
8.32 Filing and Maintenance of Final Documents
The Town Planner will file and maintain the approved PDP in the Town offices. The
PDP shall not be recorded.
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9.0 Preliminary Plat
Subdivisions shall be processed according to the requirements herein and Title 16 of
the Town Code. The Preliminary Plat shall be processed simultaneously with the
Preliminary Development Plan unless otherwise approved by the Town Planner or Town
Engineer. The Preliminary Plat shall be processed concurrently with Preliminary Utility
Plans. The PDP and Preliminary Plat can be processed jointly with an FDP and Final
Plat; however, it is generally not recommended for Applicants to do so, as the level of
detail associated with an FDP and Final Utility Plans is significantly greater than that of
a PDP, Preliminary Plat and Preliminary Utility Plans. Approval by the Town of these
preliminary documents assists the Applicant in understanding the Town’s preliminary
position on the development, prior to the effort associated with the final documents.
All plats shall be prepared by a Colorado Registered Professional Land Surveyor
according to Colorado Revised Statutes pertaining to the preparation of Land Survey
Plats and Platted Subdivisions in effect at the time of preparation or acceptance by the
Town of Firestone.
9.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
9.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
9.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, these documents noted below shall also be provided in electronic format as
noted in Chapter 2.
9.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
9.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
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9.2.4 Vicinity Map
A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet
showing the parcel location and bordering streets within one-half mile. The map shall
also show the existing limits of the Town of Firestone. The map shall be prepared on an
8.5-inch by 11-inch sheet of paper.
9.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the application date. The applicant shall provide endorsements
updating the effective date as requested by the Town.
9.2.6 Legal Description
A legal description of the property to be subdivided, with the total acreage is required.
All legal descriptions shall be metes and bounds unless the property has been
previously platted in the Town and the Town Engineer approves a different legal
description. A computer version of the legal description (Word document) on CD is also
required to be submitted by the Applicant. The Applicant shall provide lot closures for all
legal descriptions.
9.2.7 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
9.2.8 Water Rights Questionnaire
A completed Water Rights Questionnaire (Exhibit L) must accompany the development
application.
9.2.9 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
9.2.10 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
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9.2.11 Traffic Impact Study
Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the
requirements specified in Section 11.0 shall be required. The study can be included in
the notebook or as a separate document.
9.2.12 Soils Report
Unless waived by the Town Engineer, a Soils Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
9.2.13 Drainage Report
Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
9.2.14 Hydraulic Analysis Report
Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
9.2.15 Mine Subsidence Report
Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required
for applications that have been undermined.
9.3 Response Letter
For a second or third submittal (as described below) a letter shall be provide describing
how each staff comment or Planning Commission recommended condition (if available)
has been addressed.
9.4 Preliminary Plat Map Sheets
The following information shall be supplied in drawing form. The information may be
oriented either horizontally or vertically provided north is oriented to the top of any map.
The scale shall be 1-inch = 50-feet or 1-inch = 100-feet, unless otherwise approved by
the Town Engineer. The Preliminary Plat shall be on sheets with outer dimensions of
twenty-four inches by thirty-six inches (24" x 36") and shall contain the information
noted in this section. Maps of two or more sheets shall be referenced to an index map
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placed on the first sheet. A margin of at least two (2) inches shall be reserved along the
narrow left side of each drawing.
9.4.1 Firestone Information Block
All Preliminary Plat sheets shall have a Firestone Information block (located in the
bottom right corner of each drawing sheet). For specifications on the Firestone
Information Block, see Section 2.
9.4.2 Title Block
The title under which the subdivision is to be recorded. This name shall not duplicate
the name of any existing subdivision in the Town of Firestone or Weld County. The
following shall be clearly located on the top center of each sheet:
Preliminary Plat
SUBDIVISION NAME
Phase or Filing No.
Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
9.4.3 Name
The name under which the subdivision will be recorded. The name will not duplicate the
name of any existing subdivision in the Town of Firestone or Weld County.
9.4.4 Owner/Developers
Name, address, telephone number, and email address of the owner/developer.
9.4.5 Legal Description
A legal description of the property to be subdivided, with the total acreage. All legal
descriptions shall be metes and bounds unless the property has been previously platted
in the Town and the Town Engineer approves a different legal description.
9.4.6 Parcel Boundaries
A description of all monuments, both found and set, which mark the boundaries of the
parcel, including a description of two or more recorded monuments on record with Weld
County, used in conducting the survey. Only one tie will be required for parcels
containing two acres or less.
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9.4.7 Technical Consultants
Name, address, telephone number, and email address of the licensed surveyor,
licensed engineer or other technical consultants involved with the plat.
9.4.8 Scale and North Arrow
The scale at which the plats are drawn and a graphic representation, and a symbol
designating true North.
9.4.9 Date
The date of preparation of the Preliminary Plat, with revision dates noted as appropriate.
9.4.10 Vicinity Map
A Vicinity map shall to be added to the cover sheet of the Plat at a scale no smaller than
1-inch to 1,200-feet showing the parcel location and bordering streets within one-half
mile. The map shall also show the existing limits of the Town of Firestone.
9.4.11 Existing Streets and Easements
The location and dimensions of all existing streets, alleys, easements, rights-of-way and
watercourses within and adjacent to the subdivision and names of all such streets.
9.4.12 Adjacent Properties
The names of all adjoining subdivisions with dotted lines of abutting lots; if the adjoining
land is unplatted, it should be shown as such.
9.4.13 Utilities, Rights-of-Way, Easements and Dedications
Approximate existing and proposed locations and sizes of all easements, including,
water, reuse water, sanitary sewer, drainage facilities, natural gas, telephone and
electrical. An identification of the streets, alleys, easements, parks, and other public
facilities as shown on the plat and a dedication thereof to the public use, or a cross
reference to any previously recorded dedication. The Plat shall show the widths and
names of existing and proposed abutting streets and widths of alleys.
9.4.14 Lot and Block Identification
A logical identification system for all lots and blocks and names of streets.
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9.4.15 Flood Plains
Designation of any area subject to flooding and adequate easements for flood control,
existing regulatory floodplain.
9.4.16 Dimensions, Geometry and Monumentation
All dimensions, both linear and angular, are to be determined by an accurate control
survey in the field, which must balance and close within a limit of one in five thousand.
No plat showing plus or minus dimensions will be approved.
9.4.17 Lines and Street Geometry
Lot lines should be perpendicular or radial to street rights-of-way unless circumstances
may demand otherwise. Street intersections also should be perpendicular or radial to
each other whenever possible.
9.4.18 Dimensions
Accurate dimensions for all lines, angles and curves used to describe boundaries,
parcels, streets, alleys, easements, areas to be reserved for public use, and other
important features. This shall include the exact location of all required monuments.
These dimensions shall include the description of point(s) and the distance between
point(s).
9.4.19 Angles of Departure
The Plat shall show the angle of departure of adjoining property, street, alley, and other
boundary lines.
9.4.20 Bearings and Angles
Bearings on all exterior boundary and street centerline control. Angles between all lot
lines. In the instance of a lot line intersecting the arc of a curve at an angle of other than
90o an angle shall be given from the lot line to the long chord of the arc involved.
9.4.21 Curve Data
All curve data including the following:
A. Delta
B. Radius
C. Length of Curve
D. Chord Length
E. Chord Bearing
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9.4.22 Surveyors Statement
A statement by the land surveyor explaining how bearings were determined. Magnetic
bearings are not acceptable.
9.4.23 Monument Record
When it is necessary to re-establish, restore and rehabilitate a public land survey
monument in order to comply with the requirements of above, the surveyor shall furnish
a copy of the official survey Monument Record with the Plat.
9.4.24 Surveyor
A statement and signature by the land surveyor that the survey was performed by him
or under his direct responsibility, supervision and checking and that the Plat accurately
and properly shows said subdivision.
9.4.25 Town Approval Block (NOT EXECUTED AT PRELIMINARY STEP)
This is to certify that the Plat of (Name of Subdivision) was approved on this ______
day of ______________, 20___ by Resolution No. _____, and that the Mayor of the
Town of Firestone on behalf of the Town of Firestone, hereby acknowledges said Plat
upon which this certificate is endorsed for all purposes indicated thereon.
_____________________________ _________________________
Mayor ATTEST: Town Clerk
9.4.26 Lender Consent(s)
The title to all public lands and public easements dedicated by the plat shall be free and
clear of all monetary liens and encumbrances (such as mortgages, deeds of trusts,
mechanic liens, etc.) If required by the Town, the plat shall contain consents by such
interest holders, in the form required by the Town (see below). Subject to the approval
of the Town Attorney, a title insurance policy shall be provided upon recording insuring
the Town's title to all public lands dedicated to it to be free and clear of all liens and
encumbrances.
LENDER CONSENT
The undersigned, ______________________, a _____________________ banking
corporation, as the beneficiary of a deed of trust recorded with the Weld County Clerk
and Recorder at _________________ and that constitutes a lien upon the Owner’s
property, hereby consents to the dedication of the streets, avenues, easements,
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Outlots, Tracts, and other public places as shown on this Final Plat of
“______________________,” and hereby forever releases said lands from said lien.
9.4.27 Ownership and Dedication (NOT EXECUTED AT PRELIMINARY STEP)
Know all men by these presents, that the undersigned _________________(Names of
all landowners) being the owner(s) of the land shown in this Preliminary Plat and
described as follows:
(LEGAL DESCRIPTION)
Have laid out, subdivided and platted said land as per drawing hereon contained under
the name and style of (Subdivision Name), a subdivision of a part of the Town of
Firestone, County of Weld, State of Colorado, and by these presents do hereby
dedicate to the Town of Firestone the streets, avenues (and other public places,
tracts/outlots) as shown on the accompanying plat for the public use thereof forever and
does further dedicate to the use of the Town of Firestone and all serving public utilities
(and other appropriate entities) those portions of said real property which are so
designated as easements as shown.
It is expressly understood and agreed by the undersigned that all expenses and costs
involved in constructing and installing sanitary sewer system works and lines, water
system works and lines, gas service lines, electrical service works and lines,
landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and
services shall be guaranteed and paid for by the Subdivider or arrangements made by
the Subdivider thereof which are approved by the Town of Firestone, Colorado, and
such sums shall not be paid by the Town of Firestone, and that any item so constructed
or installed when accepted by the Town of Firestone shall become the sole property of
said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement
and items owned by municipality franchised utilities, other serving public entities and/or
Qwest, Inc., which when constructed or installed shall remain and/or become the
property of such municipality franchised utilities, other serving public entities, and/or
Qwest, Inc. and shall not become the property of the Town of Firestone, Colorado.
Owner:
(Name(s) of Owners)
By: ____________________________ By: ______________________________
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Owner Owner
9.4.28 Notary Certificate (in conjunction with owner's signatures)
STATE OF COLORADO )
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _____ day of
______________,20___, by ___________________________________.
Witness my hand and official seal
____________________________
Notary Public
____________________________
My commission expires
9.5 Utility Plans
Preliminary Utility Plans shall be submitted with the Preliminary Plat, unless waived by
Town Engineer.
9.6 Processing
For all PUD's the Preliminary Plat shall be processed concurrently with the Preliminary
Development Plan, and pursuant to the procedures contained in Sections 8.6 through
8.32. See Exhibit S for submittal requirements for both a Preliminary Plat and a
Preliminary Development Plan. In rare cases where a Preliminary Plat is not processed
with the Preliminary Development Plan, the submittal and processing requirements of
Sections 8.6 through 8.32 shall apply, except for those which the Town Engineer or
Town Planner have identified as not applicable to the subdivision request.
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10.0 Final Development Plan
All FDP applicants shall provide the following submittal requirements. It is the intent of
the submittal requirements for the FDP to provide the Town with sufficient information to
adequately evaluate the plan, and not create excessive or repetitive submittal demands
on the Applicant. For planning related submittal requirements, the Town Planner has the
right to add or waive any of the submittal requirements, stated herein, if in the Planner’s
determination any such requirement is not necessary to evaluate the intent, purpose or
impact of the proposed development. The same authority is established for the Town
Engineer for engineering related submittal requirements. Subdivision Final Plat review
shall be, if necessary or appropriate, as determined by the Town Planner, carried out
simultaneously with the FDP review. The Final Development Plan shall be, if necessary
or appropriate as determined by the Town Engineer, processed concurrently with a
Final Utility Plan.
10.1 Overall FDP
An Overall Final Development Plan (“Overall FDP”) may be submitted for an initial
phase of a development in which such phase only involves the construction of public or
private utilities, overall landscaping, roadways or other general site features. If an
Overall FDP is submitted and approved, a PDP and an FDP still shall be submitted prior
to building construction or for further site development not addressed in the Overall
FDP, unless the PDP requirement is waived under the criteria of Section 17.22.030.a.2
of the Town Code. The requirements for an ODP, PDP and an FDP are as set forth in
Title 17 and as stated herein. The submittal requirements for an Overall FDP are the
same as those for an FDP, with the exception that no specific building information is
required, as such information shall be provided in the forthcoming FDP. The Overall
FDP shall include a statement that a site specific PDP and FDP shall be required for
each lot or site prior to any further site development not addressed in the overall FDP or
prior to the issuance of any building permit for building construction, and that the PDP
requirement may only be waived as provided by the Town Code.
10.2 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
10.3 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
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10.3.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, the documents noted below shall also be provided in electronic format as
noted in Chapter 2.
10.3.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
10.3.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. An original copy with these agreements shall be provided with the First
Submittal (the First Submittal is as described below) in a separate envelope labeled
Cost Agreement and Funds Deposit Agreement, Attention Finance Department. These
agreements are described in Section 2.4 and the standard format for these documents
is shown in Exhibit G.
10.3.4 Vicinity Map
A vicinity map shall be prepared at a scale no smaller than 1-inch to 1,200-feet showing
the parcel location and bordering streets within one-half mile. The map shall also show
the existing limits of the Town of Firestone. The map shall be prepared on an 8.5-inch
by 11-inch format.
10.3.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the application date. The applicant shall provide endorsements
updating the effective date as requested by the Town.
10.3.6 Legal Description
An overall legal description of the perimeter of the FDP is required. In addition, separate
legal descriptions are required for each proposed land use category included in the
FDP. The total acreage should be identified. All legal descriptions shall be metes and
bounds unless the property has been previously platted in the Town and the Town
Engineer approves a different legal description. A computer version of the legal
description (Word document) on CD is also required to be submitted by the Applicant.
The Applicant shall provide lot closures for all legal descriptions.
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10.3.7 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
10.3.8 Water Rights Questionnaire
A completed Water Rights Questionnaire (Exhibit L) must accompany the development
application.
10.3.9 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
10.3.10 Water Dedication
For non-residential applications, the Applicant must submit some form of documentation
supporting their domestic water use estimate. The most reliable information would be
one year’s worth of actual water bills from a similar size and type of building. If that is
not available, the Applicant shall provide other documentation acceptable to the Town
Engineer.
10.3.11 Water Service Calculations
The Applicant shall submit AWWA M22 water service sizing calculations.
10.3.12 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
10.3.13 Traffic Impact Study
Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the
requirements specified in Section 11.0 shall be required. The study can be included in
the notebook or as a separate document.
10.3.14 Soils Report
Unless waived by the Town Engineer, a Soils Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
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10.3.15 Drainage Report
Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
10.3.16 Hydraulic Analysis Report
Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
10.3.17 Mine Subsidence Report
Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required
for applications that have been undermined.
10.4 Response Letter
For a second or third submittal (as described below) a letter shall be provided
describing how each staff comment or Planning Commission recommended condition (if
available) has been addressed.
10.5 FDP Cover and Text Sheets
The following information shall be prepared on sheets 24-inches by 36-inches in size
and supplied at the beginning and in sequence with the FDP map sheets. This
information shall be provided in the same order as noted below. An additional duplicate
copy of such text shall also be provided in an 8.5x11-inch format (in a convertible
electronic format on the required CD) in the application notebooks for review by Town
staff, Planning Commission and the Town Board during the development review
process.
10.5.1 Firestone Information Block
All FDP sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
10.5.2 Title Block
The following title information shall be clearly located on each page of the text sheets
and at the top center of each drawing sheet.
Final Development Plan
Project or Development Name
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Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
10.5.3 Vicinity Map
A vicinity map shall be added to the cover sheet of the FDP at a scale no smaller than
1-inch to 1,200-feet showing the parcel location and bordering streets within one-half
mile. The map shall also show the existing limits of the Town of Firestone.
10.5.4 Owner/Developers
The name, address, phone number and email addresses of the owner(s) (and
developer if different than the owner).
10.5.5 Technical Consultants
Names, addresses, phone numbers and email addresses of planning, architectural,
engineering and other technical consultants involved with the submittal of the FDP.
10.5.6 Legal Description
An overall legal description of the perimeter of the FDP is required. In addition, separate
legal descriptions are required for each proposed land use category included in the
FDP. The total acreage should be identified. All legal descriptions shall be metes and
bounds unless the property has been previously platted in the Town and the Town
Engineer approves a different legal description.
10.5.7 Project Concept
A statement of the character and development concept of the FDP and of how the FDP
has been planned to incorporate the goals and objectives of the PUD district.
10.5.8 Land Use Table
A land use table that shows building coverage and gross building square footage for
each building. The percentage of paved areas, park areas, parking areas, oil/gas well
setback areas, landscaping open space areas, and other definable areas in relationship
to the gross area of the FDP shall also be shown. For residential single-family
applications, the land use table shall include a detailed breakdown of lot sizes based on
the following tiers:
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10.5.9 Residential Densities
Gross and net residential density of any residential uses shall be shown in dwelling
units per acre. Minimum and maximum lot sizes shall also be provided.
10.5.10 Environmental Impact Mitigation
A description of special treatment for any environmentally significant area, hazard or
feature, including scenic corridors and archaeological sites.
10.5.11 Private Maintenance and Enforcement
Agreements, provisions, or covenants which are intended to govern the use,
maintenance and continued protection of the FDP and any of its common areas and
landscaped areas, including a statement of responsibility for park development, if
applicable.
10.5.12 Parks, Trails and Open Space
A description of any public and private open space, greenbelts and trail areas and the
maintenance responsibility for each.
Lot Size (square feet)
0-10,000
10,001-12,500
12,501-15,000
15,001-17,500
17,501-20,500
20,501-23,000
23,001-25,500
25,501-28,000
28,001-30,500
30,501-33,000
33,001-35,500
35,501-38,000
38,001-41,000
41,001-43,500
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10.5.13 Controls
A statement shall be included in the FDP that specifies how any common open space
shown in the FDP will be developed and maintained. Copies of any agreements,
conveyances, restrictions or covenants which will govern the use, maintenance, and
continued protection of the FDP and any of its park, open space, common area, or joint
ownership areas shall also be provided.
10.5.14 Drainage
A description of all drainage courses and planned improvements. The timing of such
improvement shall also be stated.
10.5.15 Utilities
A general description of all utility systems and improvements that are required to serve
the development, at the time of development
10.5.16 Water Dedication
Include the appropriate water dedication paragraph for the application pursuant to
Exhibit X.
10.5.17 Parking
The number of parking spaces for each land use and the total square footage of internal
landscaping within each parking area. Internal landscaping includes all landscaping
within and including adjacent buffer and setback areas.
10.5.18 Architecture
A description of architectural treatments for all building elevations and other site
features. A final architectural plan relative to the building permit process is not required
by this section.
Include the following notes and chart:
Architecture
General Standards
Architectural standards will conform to town regulations and municipal code as
they may be amended from time to time.
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Elevations
Sample architectural elevations indicating the general architectural style homes are
shown on Sheets ___. All homebuilders shall submit plans that are generally
consistent with the noted sample elevations and meets the architectural and
development standards noted below:
1. Generally, when looking at the Front of any lot, the Right Elevation is to the right
of the Front, the Left Elevation is to the left of the Front and the Rear Elevation is
opposite the Front of the lot (i.e. the Front Elevation).
2. Rock means rock, brick, stone or cultured stone.
3. All homes shall have a minimum of 25% of the entire front elevation (with the
area of the garage also included in the calculation) in rock. The Town Planner in
his sole discretion may reduce the requirement to 20%, if it can be demonstrated
that the elevation does not need 25% to be aesthetically pleasing or to avoid a
situation where rock would be required on the second story.
4. All homes shall meet the following architectural standards:
A. All lap siding shall be no less than 8-inches with no less than a 7-inch
exposure. Cottage siding is prohibited.
B. All windows and building corners must have a minimum of a 4-inch trim
board.
C. Roof materials shall be dimensional asphalt shingle treatment designed
to provide increased contrast and shadows. The roof colors shall
coordinate with or complement the main color of the structure.
D. Similar house elevations shall not be placed next to or directly across
from one another.
E. Detached garages are not permitted.
F. All residential homes shall be “stick built” and have a minimum of a two
car garage.
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G. All homes shall have a minimum floor area of _____ square feet for
ranch plans (single story) and ____ square feet for multi-level plans.
Notwithstanding the foregoing, all homes that directly back up to (fill in
with name of arterial street) on lots in excess of ____square feet shall
have a minimum floor area of ____ square feet for multi-level plans. A
minimum floor area of _____square feet for ranch plans is acceptable on
such lots. In all cases the calculation of floor area does not include the
floor area of any part of the garage, basement, attic, deck, patio or other
similar accessory area.
H. All homes shall have a basement where technically feasible as
determined by the Town Engineer. Where a basement is not feasible, the
homes shall have “crawl spaces”.
I. Any elevation that has rock, brick or cultured stone at the base of the
elevation, such material shall wrap around at least 2-feet on to the
adjoining elevation.
5. Enhanced Elevation Option 1 shall mean the elevation shall have a minimum
of 25% rock or cultured stone, with at least one window. All windows shall
have shutters. The Town Planner in his sole discretion may, on a case by
case basis, waive the requirement for a window, if it can be demonstrated that
the window would not be prominent to the view from (fill in with name of
arterial street), conflict with the interior architecture or conflict with windows on
an adjoining home. The following items shall also be included in with Option 1:
A. The rear elevation must include at least two windows or one window and
one doorway.
B. The rear elevation shall have a minimum of two roof breaks to create a
variation in roof massing.
C. The rear wall shall include at least one of the following elements.
1. Angled or box bay.
2. Deck or balcony.
6. Enhanced Elevation Option 2 shall mean the elevation shall have at least one
window. All windows shall have shutters. The Town Planner may on a case by
case basis, in his sole discretion waive the requirement for a window on any
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elevation, if it can be demonstrated that the window would not be prominent to
the view from (fill in with name of arterial street), conflict with the interior
architecture or conflict with windows on an adjoining home. The following
items shall also be included in with Option 2:
A. The rear elevation shall have a minimum of two roof breaks to create a
variation in roof massing.
B. Decorative gable end vent or vents.
C. The rear wall shall include at least one of the following elements.
1. Angled or box bay.
2. Deck or balcony.
7. At time of Final Development Plan for each filing, an enhanced elevations
table will be provided which identifies the architectural treatments required for
the noted lots in the FDP Filing in a form similar to the chart noted below.
Elevations and Option
Number
Lot
Number Right Left Rear
Block 1
1
2
Block 2
1
2
Foundation Walls
1. The maximum amount of foundation wall permitted to be exposed
above finished grade is 8".
Address Signs
1. Street addresses are to be prominently displayed in contrasting color
plainly visible from the street.
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Accessory Buildings
1. Each lot will be allowed a maximum of one accessory building, not
including a freestanding garage and shall be set back at least five
feet from any property line. Accessory buildings are not permitted in
the front yards, side yards that face a public street, within utility
easements or within oil and gas well setbacks. The square footage of
the accessory building located on the ground shall be no larger than
200 square feet of floor area and may not exceed a height of twelve
feet. Construction materials shall be similar to the primary building
and must be constructed of durable, low maintenance materials,
architecturally compatible and integrated with existing buildings and
structures. Accessory buildings and facilities are to be screened, to
the extent possible, from public streets and sidewalks, either by
screening, landscaping, location or other techniques deemed
sufficient. Drainage from the roof of the shed shall not be permitted to
run off onto the property of another nor shall it run off into the
foundation of the main structure.
10.5.19 Setbacks
The setbacks for all buildings, accessory buildings and other structures from roadways
and/or property lines shall be specified in a table format.
Include the following notes:
Setbacks
! Decks may be covered provided such cover does not extend into the
building setbacks.
! Uncovered decks are permitted if they meet the following standards:
-A deck shall be no closer than 14 feet from the rear property line.
Deck setbacks shall be measured from the lot line to any portion of
the deck.
-No deck shall be constructed within the side setbacks or upon any
established easement.
-Decks shall be no greater than 30 inches in height unless the deck is
constructed within the standard building setback.
10.5.20 Development Schedule
The approximate date on which construction of the project will begin, the stages in
which the project will be built, including a description and depiction of the proposed
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phase or phases into which the project will be divided for the purpose of development,
the approximate date when the construction of each stage will begin, the approximate
rate of development, the interim uses and treatment of areas waiting to be developed,
the approximate dates when the development of each of the stages in the development
will be completed and the area and location of common open space that will be
provided at each stage of the development. The specific development schedule for all
HOA and public parks shall also be stated. The specific development schedule for all
fencing to be constructed by the developer shall also be stated. Include a plan
expiration statement.
10.5.21 Approval Blocks
Approval Blocks as follows:
Approved by the Town Board of Trustees of the Town of Firestone, Colorado this
________________day of __________________,20____ by Resolution No.
__________.
_________________________________ _________________________
Mayor ATTEST: Town Clerk
10.5.22 Acceptance Block and Notary
By signing this FDP, the owner acknowledges and accepts all of the requirements and
intent set forth herein.
______________________________
OWNER
STATE OF COLORADO )
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _____ day of
____________, 2__, by _______________________________________________.
Witness my hand and official seal
_____________________________________________________
Notary Public
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_____________________________________________________
My commission expires
10.6 FDP Map Sheets
The following information shall be supplied in drawing form. The size of the FDP
drawings shall be 24 inches by 36 inches. The information may be oriented either
horizontally or vertically provided north is oriented to the top of any map. The following
13 individual drawings are required. These plans shall be numbered sequentially in the
order shown and use the same “graphic architectural standards” throughout.
A. Project Plan
B. Tract Plan
C. Site Plan
D. Grading Plan
E. Landscape Plan
F. Irrigation Plan
G. Fencing Plan
H. Signage Plan
I. Address Map
J. Building Elevations
K. Site Details
L. Utility Plan
M. Cross Sections
N. Lighting and Photometric Plan
O. Sub-Area Plans
The following information shall be supplied with all the required drawings:
10.6.1 Firestone Information Block
All FDP sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
10.6.2 Title Block
The following information shall be clearly located on the top center of each sheet:
Final Development Plan
Project or Development Name
Phase or Filing No.
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Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
10.6.3 Scale and North Arrow
The scale at which the drawings are drawn and a graphic representation, and a symbol
designating true North.
10.6.4 Dimensions
Where appropriate on all map sheets, general plan dimensions shall be shown.
10.6.5 Parcel Boundaries
Where appropriate, a description of all monuments, both found and set, which mark the
boundaries of the parcel, including a description of two or more recorded monuments on
record with Weld County, used in conducting the survey. Only one tie will be required
for parcels containing two acres or less.
10.6.6 Project Plan
An overall plan of the project at whatever scale necessary to show the entire
development on one 24-inch by 36-inch sheet, including a depiction of each proposed
phase or phases into which the project will be divided for purposes of development.
10.6.7 Tract Plan
The Tract Plan shall show all streets, lots and development areas. The plan shall be at
a scale to fit on one 24-inch by 36-inch sheet unless otherwise directed or approved by
the Town Planner. All proposed Tracts shall be clearly identified.
10.6.8 Maintenance Table
A maintenance table shall be provided showing the ownership and maintenance
responsibilities of each tract.
10.6.9 Site Plan
The Site Plan shall be drawn at one of the following scales: 1-inch = 50-feet, 1-inch =
40-feet, 1-inch = 30-feet or 1-inch = 20-feet, unless another scale is determined
appropriate by the Town Planner. If the Site Plan map does not fit onto one sheet, at the
noted scale, an additional overall map of the development shall be provided. This map
will be a reduction of the plan so that it all fits onto a 24x36-inch sheet. If necessary, this
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sheet shall be the first sheet after the FDP text sheets. The following information shall
be supplied on the Site Plan drawing:
10.6.10 Adjacent Properties
A list of contiguous property uses and subdivision names (and reception numbers if
plats have been recorded).
10.6.11 Structures and Improvements
Approximate location of all existing or planned structures within the FDP and within one
hundred fifty feet of its external boundary. Approximate finish first floor elevations are
required for an existing or planned structure within the FDP or within one hundred fifty
feet of its external boundary. If available, approximate finish first floor elevations of any
unconstructed structure with an approved FDP within one hundred fifty feet of the
external FDP boundary shall also be shown and indicated as such. Typical plans may
be submitted for one-family, two-family and multiple dwellings. FDP's for all structures
with two or more floors shall show final ground elevations within 10-feet of the buildings
and finish floor elevations of the lowest level.
10.6.12 Roadways, Right-of-Ways and Easements
Specific location and dimensions of all existing and proposed roadways, alleys and
access easements other rights-of-way and other utility easements. Private drives shall
be indicated as such. Existing and proposed points of ingress and egress shall be
shown. Typical sections shall be included for all existing or planned roadways, showing
applicable dimensions.
10.6.13 Paved Areas
Location and type of surfacing for streets, walkways, bikeways, parking lots and other
paved areas. Walkways and trails shall be shown using clearly identifiable graphic
symbol for each type of trail.
10.6.14 Setbacks and Lot Lines
Location and dimension of lot lines and setback lines.
10.6.15 Corner Lot Orientation
For all platted lots, use an arrow to identify the front of the lot toward which the building
shall face.
10.6.16 Outdoor Storage Areas
Any area used or intended to be used for outdoor storage.
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10.6.17 Open Space Areas
Location and dimension of all open space areas and private greenbelts. For residential
uses in a mixed-use sub-district, the location of any required park areas shall be shown.
For park areas, especially those dedicated to the Town, a park development plan and
site details shall be provided.
10.6.18 Land Use
Existing land uses and/or subdivisions within 300-feet of the FDP boundary and the
existing and proposed land uses and acreages within the FDP.
10.6.19 Trash Disposal Areas
Location, dimension, color, and construction materials for all trash disposal areas.
10.6.20 Mailboxes, Signs, Lighting and Advertising Devices
Location, height and size of existing and proposed freestanding mailboxes (including
neighborhood mailboxes in residential areas), signs, exterior lighting and other
advertising devices.
10.6.21 Street Lights
Location of all street lights.
10.6.22 Utilities
Location and screening of all utilities, whether building or ground mounted. Typical
screening details, as appropriate.
10.6.23 Vegetation
Any existing forested areas and areas composed of unique vegetation to remain after
construction.
10.6.24 Drainage Information
Designation of areas subject to the 100-Year Floodway and Flood Storage Area.
10.6.25 Cultural Impact Information
Designate sites of historic, archaeological, or paleontological significance, identified by
the State Archaeologist or State Historical Society, which are on the proposed site of
development. If necessary, this information must include an assessment of the
mitigation measures or other proposals for preservation or identification of such sites,
and the location of the areas.
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10.6.26 Grading Plan and Drainage
Unless otherwise approved by the Town Planner, the Grading Plan shall be at the same
scale as the Site Plan. In addition to relevant information from the Site Plan, the
following information shall be supplied on the Grading Plan drawing:
10.6.27 Existing Contours
Existing contours shall be shown in all directions from the external FDP boundary for a
minimum distance of 50-feet. All off-site contour lines, which have been approved by the
Town or the County, as appropriate, for all adjacent platted properties which have not
been constructed, within the distances noted above, shall be shown and noted as such.
10.6.28 Proposed Contours
Proposed contour lines shall be shown at 1-foot intervals, unless otherwise approved by
the Town. In areas with extreme topographical relief, such as the mountains, contour
lines at intervals of 2-foot need only be exhibited in the vicinity of buildings or areas of
significant grading, such as parking areas, as practical. Other areas may be shown with
proposed contour lines at intervals of 5 or 10-feet; whichever is determined reasonable
by the Town.
10.6.29 Drainage Information
Designation of areas subject to the 100-Year Floodway and Flood Storage Area. This
information shall be provided by the Town Engineer. If this information is not available, a
tentative flood plain will be defined by agreement between the Town Engineer and the
owner/developer's engineer, according to generally accepted engineering standards,
practices, and procedures of the Town of Firestone, Urban Drainage and Flood Control
District, FEMA, and other pertinent regulatory agencies. Any FDP that includes any area
subject to the 100-Year Flood shall generally show that adequate drainage is provided
in order to reduce the exposure of flood hazards to the property, adjoining property and
all public utilities including, sewer, gas, electrical and water.
All buildings shall be constructed in conformance to the provisions in the Town's Flood
Plain Ordinance. The intent is to have buildings sustain only minimal, if any, damage
should a flood occur.
10.6.30 Paved Areas
Location of streets, walkways, bikeways, parking lots and other paved areas.
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10.6.31 Finish First Floor Elevations
Approximate location of all existing or planned structures within the FDP or within 150-
feet of its external boundary. Minimum finish first floor elevations are required for any
planned or existing structures. Add a note that final finish elevations shall not exceed
minimum finish floor elevations by more than 2 feet.
10.6.32 Landscape Plan
Unless otherwise approved by the Town Planner, the Landscape Plan shall be at the
same scale as the Site Plan. In addition to relevant information from the Site Plan, the
following information shall be supplied on the Landscape Plan drawing:
10.6.33 Statement of Intent
A text statement regarding the general intent of the landscape plan, including such
subjects as screening, berming, shade, privacy, wind control, phasing, and solar
access.
10.6.34 Paved Areas
Location of streets, walkways, bikeways, parking lots and other paved areas.
10.6.35 Structures
Approximate location of all existing or planned structures within the FDP, including park
development features such as playground equipment for public and private park areas.
10.6.36 Location of Landscape Items
The landscape plan shall show the location of plant and architectural materials
(including items such as lighting, signage and fencing that are not already described in
the FDP). Typical landscape plans may be provided for typical residential dwelling units,
if approved by the Town Planner. Landscape plans shall be provided for the rear yards
(as may be appropriate, as determined by the Town Planner) and HOA owned areas
that are along major abutting roadways.
10.6.37 Material List
A description of all the materials used in the landscape design shall be included;
specifically a plant list, that identifies the species, quantity size, and condition of the
plant material used.
10.6.38 Phasing
A description of the procedure, method, timing and general water demand impacts of
any landscape phasing plan.
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10.6.39 Landscape Elevations and Details
Design details shall be included for both plant and architectural materials. Installation
details shall also be included for irrigation and plant materials. Identify and include
details for ornamental grasses including the maximum height.
10.6.40 Irrigation Plan
The method, design and layout of irrigation facilities for all landscape areas. Details
shall also be provided. All areas, including native turf areas, must be irrigated.
10.6.41 Fencing Plan
Provide the following information relative to the preparation of the fencing plan.
10.6.42 Fencing Concept
Provide a specific text description of the fencing to be used, indicating shape, size,
material, color, and location.
10.6.43 Fencing Plan
Provide an overall map showing the location of fencing and indicate in a legend the
development and construction responsibility of all areas
10.6.44 Fencing Elevations and Details
Provide fencing elevations and details.
10.6.45 Signage Plan
Provide the following information relative to the preparation of the signage plan on a
specific plan sheet.
10.6.46 Signage Concept
Provide a general description of the concept for the signage used.
10.6.47 Signage Plan
Provide specific information relative to the signs to be used, indicating shape, size,
material, color, location and text of all permitted signs.
10.6.48 Signage Details
Provide signage details at a specific scale.
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10.6.49 Address Map
The FDP shall include an address map. Firestone addressing convention information is
shown as Exhibit T. Each lot within the FDP shall be addressed pursuant to direction by
the Town Engineer. The address plat shall properly relate to the orientation of the lot
and building shown in the Site Plan.
10.6.50 Building Elevations
Elevations of all sides of all proposed structures and improvements shall be shown on
the FDP map and labeled to show the direction of the view. Typical elevations may be
submitted for single-family dwellings; however, specific drawings for all elevations of
multi-family dwellings shall be submitted. Said plans shall include the type, style, and
color of wall finish, roofing, stairs, architectural appendages, and other design features
of the structures. A final architectural plan is not required by this section.
10.6.51 Site Details
Provide a map sheet that shows typical details for the following: fences, mechanical
screening or camouflaging, benches, fountains, freestanding mailboxes, trash
enclosures, bus shelters, and sculptures.
10.6.52 Utility Plan
For development applications that do not require a submittal of Final Utility Plans
pursuant to Section 11.0, a map sheet shall be provided that shows all necessary public
utilities and connections thereto necessary to serve the proposed development.
10.6.53 Cross Sections
If the Town Planner determines the development is in uniquely close proximity to other
buildings, residential areas or below the existing grade of surrounding areas, cross
sections of the property, including adjoining properties, shall be submitted. The location
of the cross sections, the distance the cross sections need to be from the external
property boundary, and the information to be shown on the cross sections will be
determined by the Town Planner. The cross sections shall show all outdoor storage
areas and buildings. The vertical scale shall not exceed four times the horizontal scale.
10.6.54 Lighting and Photometric Plan
For any commercial project, provide a lighting and photometric plan that examines the
degree to which exterior night lighting affects an adjacent street, property owner or
community. Such plan shall consider the light source, level of illumination, hours of
illumination and need for illumination in relation to the effects of the lighting on adjacent
streets, property owners and the neighborhood. The photometric plan shall depict the
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anticipated light levels generated by all exterior lights across the site and ten feet (10')
beyond the property lines.
10.6.55 Transportation, Parks and Trails Sub-Area Plan
The following sub-area transportation plans are required to be submitted with the FDP,
unless otherwise directed by the Town Planner. The information can be combined onto
one sheet.
A. Sub-Area Vehicular Transportation Plan
B. Sub-Area Non-Motorized Circulation Plan
C. Sub-Area Park Plan
It is intended that this information be provided on a separate 24-inch by 36-inch map
sheet and shall include an area of at least two miles from the external ODP boundary.
The scale for this map shall be no smaller than 1-inch equals 1,000-feet, unless
otherwise approved by the Town Planner. This map sheet should be added to the other
map sheets and numbered sequentially. This sheet should identify existing and planned
facilities within the noted area and planned within the FDP.
10.7 First Submittal Requirements
Once all the application materials are received, the Applicant should submit five
complete sets of the materials to the Planning Coordinator. The Planning Coordinator
will distribute one copy each to the Town Engineer, the Town Planner, the Town
Attorney, and Public Works for initial review. See Exhibit U for a summary of the items
required. The Planning Coordinator will not distribute any application that is not
accompanied by an executed Cost Agreement and Funds Deposit Agreement.
10.8 Application Review by Staff
Within 30 days, or as soon as reasonably possible after an Applicant has submitted a
development application, Town Staff will review the application to determine if the
application is complete. If it is not complete, Town Staff will inform the Applicant of those
items that need to be submitted or resubmitted.
10.9 Application Substantially Complete
Once Town Staff determines that the application is substantially complete, Town Staff
will inform the Applicant of that fact in writing.
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10.10 Review Comments to Applicant
Once Town Staff determines that the application is substantially complete Town Staff
will review the application and provide review comments to the Applicant.
10.11 Second Submittal Requirements
The Applicant shall address Town Staff review comments, as appropriate, and resubmit
the number of copies as itemized in Exhibit U. A written response to each of staff’s
comments shall be provided. The Applicant shall return any redlined drawings, reports,
etc. from the previous submittal.
10.12 Referral Mailings
It shall be the responsibility of the Applicant to provide copies of the application
materials to referral agencies noted in Exhibit P. The referral mailing shall include a CD
of the complete application and a copy of the Firestone Referral Mailing Cover Sheet as
shown in Exhibit P. The referral contents and the Cover Sheet shall be placed in
appropriately sized envelopes with the proper postage. Addresses for referral mailings
are shown in Exhibit P. This address list has been formatted to be copied onto a 1-inch
by 4-inch mailing label sheet. The box in front of the entity on a particular mailing shall
be checked consistent with the label on the same envelope (e.g. Check City of Dacono
on the Referral Mailing Cover Sheet that is placed within the envelopes being mailed to
the City of Dacono). The Applicant shall provide to the Planning Coordinator a notarized
mailing affidavit stating that the referral mailings have been completed, a list of all
parties notified and the date on which they were mailed. These notices shall be mailed
at least fifteen (15) days prior to the Planning Commission meeting, not including the
day of the meeting.
10.13 Processing Schedule
Once the Applicant has provided the Town with the Second Submittal, and Town Staff
has found the Second Submittal to be substantially complete, Town Staff will prepare a
processing schedule for the Application. A copy of the schedule will be provided to the
Applicant. If the application includes a subdivision request, the schedule shall provide
that, after the second submittal is received and all referral and comment periods have
been completed, the application shall be transmitted to the Planning Commission for
action within 30 days thereafter, unless the applicant request or consent to a longer
period of time.
10.14 Neighborhood Meeting
A Neighborhood Meeting shall be held pursuant to Section 2.7.
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10.15 Publications
Town Staff will publish proper notice of the Planning Commission and Town Board
meeting on the development application.
10.16 Notification to Owners of Interest and Mineral Estate Owners
A. Owners of Interest. The Applicant shall submit to the Town an
Owners of Interest List as defined in these Regulations (e.g. surface owners, easement
holders, and persons who have other legal or equitable interests in the property). The
list shall include the names and address of such owners. This list shall be obtained
based on records from the County Assessor's office and the Clerk & Recorder’s office,
and any more recent address information as may be available in telephone or other
general use directories. The list must be certified by the Applicant in writing as true and
complete within one month prior to submitting the development application. The
applicant shall prepare the notice to be sent to Owners of Interest. The Applicant shall
request a copy of the Notice of the meeting prepared by the Town Attorney from the
Planning Coordinator, which was or will be published by the Town for the hearing. This
notice, along with a vicinity map, shall be mailed by the Applicant, via certified mail,
return receipt requested to the Owners of Interest. An affidavit of mailing shall be
provided to the Planning Coordinator stating that the Notices have been mailed to the
persons and entities on the Owners of Interest List, and mail receipts shall be delivered
to the Town at or prior to the hearing. The original of all returned receipts shall also be
provided to the Planning Coordinator taped on an 8.5 by 11-inch sheet of paper. Any
receipts noted as “undeliverable” by the post office shall be grouped on a separate
sheet(s). These notices shall be mailed at least 15 (15) days prior to the Planning
Commission meeting, not including the day of the meeting.
B. Mineral Estate Owners. The Applicant shall be solely responsible for
preparing and sending notice to Mineral Estate Owner(s) in the manner required by
C.R.S. § 24-65.5-101 et seq., as amended from time to time, and for otherwise
complying with the statute. The statute generally requires that notice of the initial public
hearing be sent to the Mineral Estate Owner(s) not less than 30 days before the date
scheduled for the hearing. The notice prepared by the Town for mailing to Owners of
Interest and Surrounding Property Owners will not contain all of the information that
must be included in the notice required by the statute to be sent to the Mineral Estate
Owner(s). The Applicant therefore must prepare the proper notice and ensure it is
mailed or delivered as required by law. Prior to opening the hearing, the Applicant shall
in writing certify to the Town that the Applicant has provided notice to the Mineral Estate
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Owner(s) as required by law. The certification shall be in a form acceptable to the Town
and such certification shall be a condition of final approval of any application.
C. Qualifying Surface Developments. For development applications for a
“qualifying surface development”, which is defined as an application for development
covering at least 160 gross acres, plus or minus 5 percent, within the Greater
Wattenberg Area pursuant to C.R.S. § 24-65.5-102(5.7), the Applicant shall certify that
either: (1) no mineral estate owner has entered an appearance or filed an objection to
the proposed application for development within 30 days after the initial public hearing;
(2) that the applicant and any mineral estate owners who have filed an objection to the
proposed application for development or have otherwise filed an entry of appearance in
the initial public hearing within 30 days of the initial public hearing have executed a
surface use agreement related to the property, and that the provisions of the surface
use agreement have been incorporated into the application for development or are
evidenced by a memorandum recorded in the records of the clerk and recorder of Weld
County so as to provide notice to transferees of the Applicant; or (3) that the application
for development provides (a) access to mineral operations, surface facilities, flowlines,
and pipelines in support of such operations existing when the final public hearing on the
application is held by means of public roads sufficient to withstand trucks and drilling
equipment or 30 foot wide access easements; (b) an oil and gas operations area and
existing wellsite locations in accordance with C.R.S. § 24-65.5-103.5; and (c) that the
deposit for incremental drilling costs described in C.R.S. § 24-65.5-103.7 has been
made. The certification shall be in a form acceptable to the town and said certification
shall be a condition of final approval.
10.17 Notification to Surrounding Property Owners
The Applicant shall submit to the Town a Surrounding Property Owners List. The list
shall include the names and address of such owners within 300-feet of the outside
boundaries of the property subject to the development application. This list shall be
based on records from the County Assessor's office and the County Clerk & Recorder’s
office, and must be certified by the Applicant as true and complete within one month
prior to submitting this application. The applicant shall prepare the notice to be sent to
Surrounding Property Owners. The Applicant shall request a copy of the Notice of the
meeting prepared by the Town Attorney from the Planning Coordinator, which was or
will be published by the Town for the hearing. This notice along with a vicinity map shall
be mailed by the Applicant, via certified return receipt requested to such Surrounding
Property Owners. In addition, Notice shall be mailed in the same fashion to the Board of
Directors of any owners association existing with respect to any adjoining property. The
Town Planner may require the notice of such meeting (including the vicinity map) also
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be hand delivered to certain other entities. An affidavit of mailing shall be provided to
the Planning Coordinator stating that the Notices have been mailed to the entities on the
Surrounding Property Owners List and the date on which they have been mailed. The
original of all returned receipts shall also be provided to the Planning Coordinator taped
on an 8.5 by 11-inch sheet of paper. Any receipts noted as “undeliverable” by the post
office shall be grouped on a separate sheet(s). These notices shall be mailed at least
fifteen (15) days prior to the Planning Commission meeting, not including the day of the
meeting.
10.18 Property Posting
Property Posting is required for zoning matters. At least fifteen (15) days prior to, but not
including, the Planning Commission Public hearing date on the zoning matter the
property shall be posted with notice of such meeting. The Planning Coordinator will
prepare the signs. The Applicant can pick up the signs from the Planning Coordinator
no sooner than 20 days prior to the meeting. The Applicant shall place the signs on the
property (near the property boundary) facing all public roadways with a maximum of four
signs. The Applicant shall be responsible for checking the signs each day of the posting
period and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the
sign must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after
final Town action on the application, the Applicant shall remove the posted signs and
return any Town signs to the Town. Such signs shall be returned to the Town or the
recording of project documents may be suspended as determined by the Town Planner.
Property posting is not required where an annexation or zoning involves public right-of-
way only.
10.19 Posting Log
The sign posting log shall be provided to the Planning Commission at the Public
Hearing. The property posting log form is shown in Exhibit Q.
10.20 Staff Report for the Planning Commission
By no later than the Friday prior to the Planning Commission meeting, Town Staff will
complete a Staff Report. A copy of such report will be transmitted to the Applicant.
10.21 Planning Commission Meeting
Within 30 days, or as soon as reasonably possible, after a complete application is
transmitted to it, the Planning Commission shall hold a public hearing on the zoning of
the property preliminary development plan. Upon completion of the hearing, the
Planning Commission shall, after commission deliberation, vote on the matter. Any
motion should briefly state the findings of fact and conclusions of the Planning
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Commission with reference to the relevant and material evidence and testimony
supporting such findings of fact and conclusions. The Planning Commission may vote to
either recommend approval, approval with conditions, or denial of the application. As an
alternative to taking action on the application at that meeting, the Planning Commission
may act in accordance with the following upon vote of the majority of the members
present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to Planning Commission at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain as is mutually agreed upon by the
Applicant and the Planning Commission by which time the record and all
evidence can be reviewed. At that time the Planning Commission can either
adopt findings of fact and conclusions or direct the Town Attorney to prepare
findings of fact and conclusions for adoption at the next regular meeting after
the meeting to which the matter has been deferred.
10.22 Third Submittal Materials
After the Planning Commission meeting and prior to the Town Board meeting the
Applicant shall provide the Planning Coordinator with additional copies of submittal
items shown in Exhibit U. Prior to this submittal of these documents, the Applicant may
desire to modify the application as recommended by the Planning Commission. The
documents will need to be provided to the Town pursuant to the schedule prepared by
the Town.
10.23 Publications
Town Staff will publish proper notice of the Town Board meeting and public hearing.
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10.24 Notification to Owners of Interest and to Mineral Estate Owners
The Applicant shall request a copy of the Notice of the meeting prepared by the Town
Attorney from the Planning Coordinator, which was or will be published for the hearing.
This notice along with a vicinity map shall be mailed by the Applicant, via certified mail,
return receipt requested to the Owners of Interest. The Applicant shall also prepare and
mail or deliver a notice of the meeting to Mineral Estate Owners in the manner required
by C.R.S. § 24-65.5-101, et seq., as amended from time to time. An affidavit of mailing
shall be provided to the Planning Coordinator stating that the Notices have been mailed
to the entities on the Owners of Interest List and have been mailed or delivered to the
entities on the Mineral Estate Owners List, and mail receipts and delivery receipts shall
be delivered to the town at or prior to the hearing. The original of all returned receipts
and delivery receipts shall also be provided to the Planning Coordinator taped on an 8.5
by 11-inch sheet of paper. Any receipts noted as “undeliverable” by the post office shall
be grouped on a separate sheet(s). These notices shall be mailed or delivered at least
fifteen (15) days prior to the Town Board meeting, not including the day of the meeting.
10.25 Notification to Surrounding Property Owners
The Applicant shall request a copy of the Notice of the meeting prepared by the Town
Attorney from the Planning Coordinator, which was published for the hearing. This
notice along with a vicinity map shall be mailed by the Applicant, via certified return
receipt mail to such Surrounding Property Owners. In addition, Notice shall be mailed in
the same fashion to the Board of Directors of any owners association existing with
respect to any adjoining property. An affidavit of mailing shall be provided to the
Planning Coordinator stating that the Notices have been mailed to the entities on the
Surrounding Property Owners List and the date on which they have been mailed. The
original of all returned receipts shall also be provided to the Planning Coordinator taped
on an 8.5 by 11-inch sheet of paper. Any receipts noted as “undeliverable” by the post
office shall be grouped on a separate sheet(s). These notices shall be mailed at least
fifteen (15) days prior to the Town Board meeting, not including the day of the meeting.
10.26 Property Posting by Applicant
Property Posting is required for all zoning matters. At least fifteen (15) days prior to, but
not including, the Town Board Public hearing date on the zoning matter, the property
shall be posted with notice of such meeting. The Planning Coordinator will prepare the
signs. The Applicant can pick up the signs from the Planning Coordinator no sooner
than 20 days prior to the meeting. The Applicant shall place the signs on the property
(near the property boundary) facing all public roadways with a maximum of four signs.
The Applicant shall be responsible for checking the signs each day of the posting period
and keeping an accurate log. If a sign has been moved, destroyed, or fallen, the sign
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must be replaced by the Applicant within forty-eight (48) hours. Within 10 days after final
Town action on the application, the Applicant shall remove the posted signs and return
any Town signs to the Town. Such signs shall be returned to the Town or the recording
of project documents may be suspended as determined by the Town Planner. Property
posting is not required where an annexation or zoning exclusively involves public right-
of-way only.
10.27 Posting Log
The sign posting log shall be provided to the Town Board at the Public Hearing. The
posting log is shown in Exhibit Q.
10.28 Staff Report for the Town Board
By no later than the Friday prior to the Town Board meeting Town Staff shall prepare a
Staff Report. As appropriate Town Staff will amend the Staff Report that was submitted
to the Planning Commission, for distribution to the Town Board. A draft resolution will
typically be prepared in conjunction with the Staff Report. A copy of such report and
resolution will be transmitted to the Applicant.
10.29 Town Board Meeting
Within 60 days or as soon as reasonably possible after recommendation of the Planning
Commission, notice shall be provided and the Board of Trustees shall hold a public
hearing. If the recommendation of the Planning Commission is to approve or grant the
proposed zoning or rezoning, the Town Clerk shall place an ordinance embodying the
proposed rezoning on the agenda of a meeting of the Board of Trustees.
The findings of fact and conclusions and recommendations of the Planning
Commission, responses to referrals, and recommendations of planning staff shall be
submitted to the Town Clerk immediately after the final decision of the Planning
Commission and shall become a part of the record of the case before the Board of
Trustees. The same shall be considered to be a public record and available in the office
of the Town Clerk for examination by any person from the time of filing during regular
business hours, including the members of the board.
Upon completion of the hearing, the Board of Trustees shall, after board discussion,
vote on the matter. Any action will briefly state the findings of fact and conclusions of the
Board of Trustees with reference to the relevant and material evidence and testimony
supporting such findings of fact and conclusions.
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The Board shall vote to approve, approve with conditions, or deny the application, or it
may continue or table action on the application, or remand the application, as permitted
by law. If the Board approves an application with conditions the Applicant shall make
such modifications to the required text, maps, studies, etc. before the Mayor signs any
necessary approval blocks.
The Board may also act in accordance with the following upon vote of the majority of the
members present:
A. Make a decision and vote on the application, using the draft resolution
previously prepared, as may be amended during the hearing; or
B. Make a decision and vote on the application, but request the Town Attorney to
prepare findings of fact and conclusions for approval and adoption at the next
regular meeting; or
C. Defer a decision and direct the Town Attorney to prepare findings of fact and
conclusions to be submitted to the Board of Trustees at its next regular
meeting, with final deliberation, decision and adoption of the findings of fact and
conclusion at that meeting; or
D. Defer a decision until a date certain as is mutually agreed upon by the
Applicant and the Board of Trustees by which time the record and all evidence
can be reviewed. At that time the Board of Trustees can either adopt findings of
fact and conclusions or direct the Town Attorney to prepare findings of fact and
conclusions for adoption at the next regular meeting after the meeting to which
the matter has been deferred.
10.30 Final Document Preparation, Review and Recording
Subsequent to any approval by the Town Board, the Applicant shall provide the Town
with a paper copy of all documents amended by the Applicant, pursuant to conditions
imposed by the Town Board. Town Staff will review these amended documents relative
to any Town Board conditions. Once the documents appear satisfactory to Town Staff
relative to the noted conditions, Town Staff will request the final documents, including
mylars, be delivered to the Town for filing (See Exhibit U for the proper number and
material of all final documents). The FDP and related documents shall be recorded by
the Town Clerk or his or her designee only, and recording by any other party is
prohibited If final documents are not recorded within 120 days of the date of Town
Board approval, approval of the documents shall lapse and the Applicant shall be
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required to submit a new application to be processed pursuant to the same procedures
and requirements specified for the initial application.
10.31 Publication of Ordinances and Referendum Period
The Town Clerk will publish any ordinances related to an FDP. The final FDP will be
recorded.
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11.0 Final Plat
All Final Plat applicants shall provide the following submittal requirements. Subdivisions
shall be processed according to the requirements herein and Title 16 of the Town Code.
The Final Plat shall be processed simultaneously with the Final Development Plan
unless otherwise approved by the Town Planner or Town Engineer. The Final Plat shall
be processed concurrently with Final Utility Plans.
All plats shall be prepared by a Colorado Registered Professional Land Surveyor
according to Colorado Revised Statutes pertaining to the preparation of Land Survey
Plats and Platted Subdivisions in effect at the time of preparation or acceptance by the
Town of Firestone.
11.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
11.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
11.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, these documents noted below shall also be provided in electronic format as
noted in Chapter 2.
11.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
The Development Application has a signature block that notes the applicant has read
pertinent sections of these Development Regulations.
11.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
11.2.4 Vicinity Map
A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet
showing the parcel location and bordering streets within one-half mile. The map shall
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also show the existing limits of the Town of Firestone. The map shall be prepared on an
8.5-inch by 11-inch sheet of paper.
11.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the final Town Board hearing date. The applicant shall provide
endorsements updating the effective date as requested by the Town.
11.2.6 Legal Description
A legal description of the property to be subdivided, with the total acreage is required.
All legal descriptions shall be metes and bounds unless the property has been
previously platted in the Town and the Town Engineer approves a different legal
description. A computer version of the legal description (Word document) on CD is also
required to be submitted by the Applicant. The Applicant shall provide lot closures for all
legal descriptions.
11.2.7 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
11.2.8 Water Rights Questionnaire
A Water Rights Questionnaire (Exhibit L) must accompany a development application.
11.2.9 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
11.2.10 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
11.2.11 Traffic Impact Study
Unless waived by the Town Engineer, a Traffic Impact Study shall be provided with a
Final Plat or other proposed development. The traffic impact analysis study shall
incorporate any assumptions identified in the sub-area transportation plan submittal.
Additionally, the study shall include projections of average daily incoming and outgoing
trips generated by the project, including distribution and level of service. Trips generated
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by the project shall be assigned to the surrounding street network to a distance of at
least one mile from the site.
The study shall be in conformance with the Institute of Transportation Engineers Trip
Generation Report and shall be signed by a Colorado registered professional engineer.
The study can be included in the notebook or as a separate document.
11.2.12 Soils Report
Unless waived by the Town Engineer, a Soils Report shall be provided with a Final Plat
or other proposed development on existing soils conditions within the area proposed for
development. The soils report shall locate and classify the dominant soil types within or
affecting the proposed development. The report shall indicate the degree of
compatibility of the existing soils within the proposed development with regard to such
engineering considerations as topography, drainage, bearing capacity an erosion
potential. The report shall include a prognosis of the effects of the proposed
development upon the existing site in this regard and shall include specific
recommendations for additional exploration, testing, mapping or study as may be
necessary to insure adequate protection from potentially hazardous or undesirable soils
or geological conditions on the development site.
The soils report shall be prepared and certified by a Professional Engineer or geologist,
registered in the State of Colorado, who is knowledgeable in soils identification,
classification, and use. The report can be included in the notebook or as a separate
document.
11.2.13 Drainage Report
Unless waived by the Town Engineer, a Final Drainage study shall be prepared in
conformance with the Town of Firestone Design Criteria and Construction Specifications
Manual or criteria set forth by the St. Vrain Sanitation District if within their jurisdiction.
The study shall conform to any Town approved regional or sub-regional drainage study
that incorporates the development area. The study shall describe storm drainage design
for all of the land involved in the development and areas outside the development
boundary that are impacted by the project. The requirement for this Study shall be
waived or the scope reduced, if such a study was prepared for a Final Plat of which the
development is consistent with or a part of and the previously prepared study provides
adequate information to evaluate the drainage impacts and measures necessary to
mitigate such impacts. Any plans for erosion control and "Best Management Practices"
shall meet current Town standards. The report can be included in the notebook or as a
separate document.
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11.2.14 Hydraulic Analysis Report
Unless waived by the Town Engineer a Hydraulic Analysis shall be prepared in
conformance with the Town of Firestone Design Criteria and Construction Specifications
Manual. The report can be included in the notebook or as a separate document.
11.2.15 Mine Subsidence Report
Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required
for applications that have been undermined.
11.3 Response Letter
For a second or third submittal (as described below) a letter shall be provide describing
how each staff comment or Planning Commission recommended condition (if available)
has been addressed.
11.4 Final Plat Map Sheets
The following information shall be supplied in drawing form. The information may be
oriented either horizontally or vertically provided north is oriented to the top of any map.
The scale shall be 1-inch = 50-feet or 1-inch = 100-feet, unless otherwise approved by
the Town Engineer. The Final Plat shall be on sheets with outer dimensions of twenty-
four inches by thirty-six inches (24" x 36") and shall contain the information noted in this
section. Maps of two or more sheets shall be referenced to an index map placed on the
first sheet. All signatures and seals shall be original and clearly readable in drawing ink.
11.4.1 Firestone Information Block
All Final Plat sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
11.4.2 Title Block
The title under which the subdivision is to be recorded. This name shall not duplicate
the name of any existing subdivision in the Town of Firestone or Weld County. The
following shall be clearly located on the top center of each sheet:
Final Plat
Subdivision Name
Phase or Filing No.
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Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
11.4.3 Name
The name under which the subdivision will be recorded. The name will not duplicate the
name of any existing subdivision in the Town of Firestone or Weld County.
11.4.4 Owner/Developers
Name, address, telephone number, and email address of the owner/developer.
11.4.5 Legal Description
A legal description of the property to be subdivided, with the total acreage is required.
All legal descriptions shall be metes and bounds unless the property has been
previously platted in the Town and the Town Engineer approves a different legal
description.
11.4.6 Parcel Boundaries
A description of all monuments, both found and set, which mark the boundaries of the
parcel, including a description of two or more recorded monuments on record with Weld
County, used in conducting the survey. Only one tie will be required for parcels
containing two acres or less.
11.4.7 Technical Consultants
Name, address, telephone number, and email address of the licensed surveyor,
licensed engineer or other technical consultants involved with the plat.
11.4.8 Scale and North Arrow
The scale at which the plats are drawn and a graphic representation, and a symbol
designating true North.
11.4.9 Date
The date of preparation of the Final Plat, with revision dates noted as appropriate.
11.4.10 Vicinity Map
A Vicinity map shall to be added to the cover sheet of the Plat at a scale no smaller than
1-inch to 1,200-feet showing the parcel location and bordering streets within one-half
mile. The map shall also show the existing limits of the Town of Firestone.
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11.4.11 Existing Streets and Easements
The location and dimensions of all existing streets, alleys, easements, rights-of-way and
watercourses within and adjacent to the subdivision and names of all such streets.
11.4.12 Adjacent Properties
The names of all adjoining subdivisions with dotted lines of abutting lots; if the adjoining
land is unplatted, it should be shown as such.
11.4.13 Utilities, Rights-of-Way, Easements and Dedications
Approximate existing and proposed locations and sizes of all major utilities and
easements, including, water, reuse water, sanitary sewer, drainage facilities, natural
gas, telephone and electrical. Any existing or proposed utility sleeves shall also be
approximately shown. An identification of the streets, alleys, easements, parks, and
other public facilities as shown on the plat and a dedication thereof to the public use, or
a cross reference to any previously recorded dedication. The Plat shall show the widths
and names of existing and proposed abutting streets and widths of alleys.
11.4.14 Lot and Block Identification
A logical identification system for all lots and blocks, and names of streets.
11.4.15 Flood Plains
Designation of any area subject to flooding and adequate easements for flood control.
11.4.16 Dimensions, Geometry and Monumentation
All dimensions, both linear and angular, are to be determined by an accurate control
survey in the field which must balance and close within a limit of one in five thousand.
No plat showing plus or minus dimensions will be approved.
11.4.17 Lines and Street Geometry
Lot lines should be perpendicular or radial to street rights-of-way unless circumstances
may demand otherwise. Street intersections also should be perpendicular or radial to
each other whenever possible.
11.4.18 Dimensions
Accurate dimensions for all lines, angles and curves used to describe boundaries,
parcels, streets, alleys, easements, areas to be reserved for public use, and other
important features. This shall include the exact location of all required monuments.
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These dimensions shall include the description of point(s) and the Distance between
point(s).
11.4.19 Angles of Departure
The Plat shall show the angle of departure of adjoining property, street, alley, and other
boundary lines.
11.4.20 Bearings and Angles
Bearings on all exterior boundary and street centerline control. Angles between all lot
lines. In the instance of a lot line intersecting the arc of a curve at an angle of other than
90o an angle shall be given from the lot line to the long chord of the arc involved.
11.4.21 Curve Data
All curve data including the following:
A. Delta
B. Radius
C. Length of Curve
D. Chord Length
E. Chord Bearing
11.4.22 Surveyors Statement
A statement by the land surveyor explaining how bearings were determined. Magnetic
bearings are not acceptable.
11.4.23 Monument Record
When it is necessary to re-establish, restore and rehabilitate a public land survey
monument in order to comply with the requirements of above, the surveyor shall furnish
a copy of the official survey Monument Record with the Plat.
11.4.24 Surveyor
A statement and signature by the land surveyor that the survey was performed by him
or under his direct responsibility, supervision and checked that the Plat accurately and
properly shows said subdivision.
11.4.25 Town Approval Block
This is to certify that the Plat of (Name of Subdivision) was approved on this _____ day
of _____________, 20___ by Resolution No. ______, and that the Mayor of the Town of
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Firestone on behalf of the Town of Firestone, hereby acknowledges said Plat upon which
this certificate is endorsed for all purposes indicated thereon.
___________________________ ___________________________
Mayor ATTEST: Town Clerk
11.4.26 Lender Consents
The title to all public lands and public easements dedicated by the Plat shall be free and
clear of all monetary liens and encumbrances (such as mortgages, deeds of trusts,
mechanic liens, etc.) If required by the Town, the plat shall contain consents by such
interest holders, in the form required by the Town (see below). Subject to the approval
of the Town Attorney, a title insurance policy shall be provided upon recording insuring
the Town's title to all public lands dedicated to it to be free and clear of all liens and
encumbrances.
LENDER CONSENT
The undersigned, ______________________, a _____________________ banking
corporation, as the beneficiary of a deed of trust recorded with the Weld County Clerk
and Recorder at _________________ and that constitutes a lien upon the Owner’s
property, hereby consents to the dedication of the streets, avenues, easements,
Outlots, Tracts, and other public places as shown on this Final Plat of
“______________________,” and hereby forever releases said lands from said lien.
11.4.27 Ownership and Dedication
Know all men by these presents, that the undersigned _________________ (Names of
all landowners) being the owner(s) of the land shown in this Final Plat and described as
follows:
(LEGAL DESCRIPTION)
Have laid out, subdivided and platted said land as per drawing hereon contained under
the name and style of ______________________________(Subdivision Name), a
subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, and
by these presents do hereby dedicate to the Town of Firestone the streets, avenues
(and other public places, tracts/outlots) as shown on the accompanying plat for the
public use thereof forever and does further dedicate to the use of the Town of Firestone
and all serving public utilities (and other appropriate entities) those portions of said real
property which are so designated as easements as shown.
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It is expressly understood and agreed by the undersigned that all expenses and costs
involved in constructing and installing sanitary sewer system works and lines, water
system works and lines, gas service lines, electrical service works and lines,
landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and
services shall be guaranteed and paid for by the subdivider or arrangements made by
the subdivider thereof which are approved by the Town of Firestone, Colorado, and
such sums shall not be paid by the Town of Firestone, and that any item so constructed
or installed when accepted by the Town of Firestone shall become the sole property of
said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement
and items owned by municipality franchised utilities, other serving public entities and/or
Qwest, Inc., which when constructed or installed shall remain and/or become the
property of such municipality franchised utilities, other serving public entities, and/or
Qwest, Inc. and shall not become the property of the Town of Firestone, Colorado.
Owner:
(Name(s) of Owners)
By: __________________________ By: _________________________
Owner Owner
11.4.28 Notary Certificate (in conjunction with owner's signatures)
STATE OF COLORADO )
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _____ day of
_________________, by ________________________________________.
Witness my hand and official seal
____________________________
Notary Public
____________________________
My commission expires
11.5 Utility Plans
Final Utility Plans shall be submitted with the Final Plat.
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11.6 Subdivider’s Agreement
A Subdivider’s Agreement shall be executed with the Town prior to recording of the final
plat. The Town Attorney will provide the Applicant with a site-specific agreement. The
Town’s form agreement is shown as Exhibit V.
11.7 Improvements
The subdivider will furnish and install the streets, water lines, sidewalks, street lights,
sanitary sewer mains, reuse water mains, storm drains, storm drainage structures,
bridge and irrigation ditch structures, and other improvements as may be necessary, in
accordance with the plans and specifications (construction plans) approved by the
Town. The subdivider agrees to file with the Town a copy of the as-built construction
plans of said public improvements upon their completion in the form of 1 Mylar set and 2
sets of prints stamped by a registered professional engineer.
11.8 Contractor's License
Any contractor or sub-contractor employed by the subdivider shall be licensed by the
Town, as applicable, before the contractor or sub-contractor commences work on any of
the improvements contemplated within the agreement.
11.9 Maintenance
Every reasonable effort must be made by the subdivider to maintain all streets located
within the subdivision in which the improvements are to be installed in a reasonably safe
and passable condition during the course of work contemplated. If for any reason the
construction of the streets provided for in the subdivider’s agreement is delayed until
the structures or dwelling units are occupied, then the subdivider must agree to maintain
sufficient streets in said subdivision used by the occupants of any such structures or
dwelling units in a reasonable, suitable and proper condition to provide for travel,
ingress and egress, and to continue said maintenance until such time as the hard
surface shall be completed and accepted for maintenance by the Town.
11.10 Transfer and Warranty
All improvements constructed by the subdivider in public rights-of-way, easements,
streets or alleys shall become the property of the Town immediately upon acceptance of
said improvements by the Town and the subdivider warrants said improvements for two
years from the date of acceptance by the Town. Trenches are warranted from
settlement for two years.
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11.11 Processing
For all PUD's, the Final Plat shall be processed concurrently with the Final Development
Plan and pursuant to the procedures contained in Sections 10.7 through 10.31. See
Exhibit U for submittal requirements for both the Final Plat and Final Development Plan.
In rare cases where a Final Plat is not processed with the Final Development Plan
submittal and processing requirements of Sections 10.7 through 10.31 shall apply,
except for those which the Town Engineer or Town Planner have identified as not
applicable to the subdivision request.
11.12 Deposit for Incremental Drilling Costs
For qualifying surface developments, defined as an application for development
covering at least 160 gross acres, plus or minus 5 percent, within the Greater
Wattenberg Area pursuant to C.R.S. § 24-65.5-102(5.7), the Applicant shall provide the
Town confirmation that it has deposited into an escrow account in the amounts required
by and in compliance with C.R.S. § 24-65.5-103.7 to defray incremental drilling costs to
be incurred by mineral estate owners for drilling wells to prospective formations
accessible from the oil and gas operations area that could otherwise have been
vertically drilled within drilling windows established by the Colorado Oil and Gas
Conservation Commission (Commission) that are not included in the oil and gas
operations area, or that the Applicant has posted a letter of credit or other security for
such costs as determined to be adequate by the Commission. If a directional well is
commenced within the oil and gas operations area after final plat approval and before
recordation of the final plat, the Applicant shall confirm that it has made the escrow
deposit required within ten days after the commencement of each well so commenced.
Submitting the confirmation set forth herein in a form acceptable to the town shall be a
condition of obtaining approval to record the final plat.
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12.0 Minor Subdivision
Minor subdivisions shall be processed in accordance with the requirements herein and
Tile 16 of the Town Code.
12.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
12.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
12.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, these documents noted below shall also be provided in electronic format as
noted in Chapter 2.
12.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
The Development Application has a signature block that notes the applicant has read
pertinent sections of these Development Regulations.
12.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
12.2.4 Vicinity Map
A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet
showing the parcel location and bordering streets within one-half mile. The map shall
also show the existing limits of the Town of Firestone. The map shall be prepared on an
8.5-inch by 11-inch sheet of paper.
12.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the final Town Board hearing date. The applicant shall provide
endorsements updating the effective date as requested by the Town.
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12.2.6 Legal Description
A legal description of the property to be subdivided, with the total acreage is required.
All legal descriptions shall be metes and bounds unless the property has been
previously platted in the Town and the Town Engineer approves a different legal
description. A computer version of the legal description (Word document) on CD is also
required to be submitted by the Applicant. The Applicant shall provide lot closures for all
legal descriptions.
12.2.7 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
12.2.8 Water Rights Questionnaire
A Water Rights Questionnaire (Exhibit L) must accompany a development application.
12.2.9 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
12.2.10 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
12.2.11 Mine Subsidence Report
Unless waived by the Town Engineer, a Mine Subsidence Report shall only be required
for applications that have been undermined.
12.3 Response Letter
For a second or third submittal (as described below) a letter shall be provide describing
how each staff comment or Planning Commission recommended condition (if available)
has been addressed.
12.4 Final Plat Map Sheets
The following information shall be supplied in drawing form. The scale shall be 1-inch =
50-feet or 1-inch = 100-feet, unless otherwise approved by the Town Engineer. The
Final Plat shall be on sheets with outer dimensions of twenty-four inches by thirty-six
inches (24" x 36") and shall contain the information noted in this section. Maps of two or
more sheets shall be referenced to an index map placed on the first sheet. A margin of
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at least two (2) inches shall be reserved along the narrow left side of each drawing. A
margin of at least one-half inch shall be reserved around the balance of the drawing. All
signatures and seals shall be original and clearly readable in drawing ink.
12.4.1 Firestone Information Block
All Final Plat sheets shall have a Firestone Information block (located in the bottom right
corner of each drawing sheet). For specifications on the Firestone Information Block,
see Section 2.
12.4.2 Title Block
The title under which the subdivision is to be recorded. This name shall not duplicate
the name of any existing subdivision in the Town of Firestone or Weld County. The
following shall be clearly located on the top center of each sheet:
Final Plat
Subdivision Name
Phase or Filing No.
Town of Firestone
Weld County
State of Colorado
Sheet ___ of ___
12.4.3 Name
The name under which the subdivision will be recorded. The name will not duplicate the
name of any existing subdivision in the Town of Firestone or Weld County.
12.4.4 Owner/Developers
Name, address, telephone number, and email address of the owner/developer.
12.4.5 Technical Consultants
Name, address, telephone number, email address of the licensed surveyor, licensed
engineer or other technical consultants involved with the Final Plat.
12.4.6 Legal Description
A legal description of the property to be subdivided, with the total acreage is required.
All legal descriptions shall be metes and bounds unless the property has been
previously platted in the Town and the Town Engineer approves a different legal
description.
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12.4.7 Parcel Boundaries
A description of all monuments, both found and set, which mark the boundaries of the
parcel, including a description of two or more recorded monuments on record with Weld
County, used in conducting the survey. Only one tie will be required for parcels
containing two acres or less.
12.4.8 Scale and North Arrow
The scale at which the plats are drawn and a graphic representation, and a symbol
designating true North.
12.4.9 Date
The date of preparation of the Plat, with revision dates noted as appropriate.
12.4.10 Vicinity Map
Vicinity sketch at a scale of 1-inch to 1,200-feet showing parcel location and bordering
streets and major streets within one-half mile.
12.4.11 Existing Streets and Easements
The location and dimensions of all existing streets, alleys, easements, right-of-way and
watercourses within and adjacent to the subdivision and names of all such streets.
12.4.12 Adjacent Properties
The names of all adjoining subdivisions with dotted lines of abutting lots; if the adjoining
land is unplatted, it should be shown as such.
12.4.13 Utilities, Rights-of-Way, Easements and Dedications
Approximate existing and proposed locations and sizes of all major utilities and
easements, including, water, reuse water, sanitary sewer, drainage facilities, natural
gas, telephone and electrical. Any existing or proposed utility sleeves shall also be
approximately shown. An identification of the streets, alleys, easements, parks, and
other public facilities as shown on the plat and a dedication thereof to the public use, or
a cross reference to any previously recorded dedication. The Plat shall show the widths
and names of existing and proposed abutting streets and widths of alleys.
12.4.14 Lot and Block Identification
A logical identification system for all lots and blocks, and names of streets.
12.4.15 Flood plains
Designation of any area subject to flooding and adequate easements for flood control.
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12.4.16 Dimensions, Geometry and Monumentation
All dimensions, both linear and angular, are to be determined by an accurate control
survey in the field which must balance and close within a limit of one in five thousand.
No plat showing plus or minus dimensions will be approved.
12.4.17 Lines and Street Geometry
Lot lines should be perpendicular or radial to street rights-of-way unless circumstances
may demand otherwise. Street intersections also should be perpendicular or radial to
each other whenever possible.
12.4.18 Dimensions
Accurate dimensions for all lines, angles and curves used to describe boundaries,
parcels, streets, alleys, easements, areas to be reserved for public use, and other
important features. This shall include the exact location of all required monuments.
These dimensions shall include the description of point(s) and the Distance between
point(s).
12.4.19 Angles of Departure
The Plat shall show the angle of departure of adjoining property, street, alley, and other
boundary lines.
12.4.20 Bearings and Angles
Bearings on all exterior boundary and street centerline control. Angles between all lot
lines. In the instance of a lot line intersecting the arc of a curve at an angle of other than
90o an angle shall be given from the lot line to the long chord of the arc involved.
12.4.21 Curve Data
All curve data including the following:
A. Delta
B. Radius
C. Length of Curve
D. Chord Length
E. Chord Bearing
12.4.22 Surveyor Statement
A statement by the land surveyor explaining how bearings were determined. Magnetic
bearings are not acceptable.
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12.4.23 Monument Record
When it is necessary to re-establish, restore and rehabilitate a public land survey
monument in order to comply with the requirements of above, the surveyor shall furnish
a copy of the official survey Monument Record with the Plat.
12.4.24 Surveyor
A statement and signature by the land surveyor that the survey was performed by
him/her or under his/her direct responsibility, supervision and checked that the Plat
accurately and properly shows said subdivision.
12.4.25 Town Approval Block
This is to certify that the Final Plat of (Name of Subdivision) was approved on this _____
day of ________________, 20___ by Resolution No. _____, and that the Mayor of the
Town of Firestone on behalf of the Town of Firestone, hereby acknowledges said Plat
upon which this certificate is endorsed for all purposes indicated thereon.
___________________________ ___________________________
Mayor ATTEST: Town Clerk
12.4.26 Lender Consents
The title to all public lands and public easements dedicated by the Plat shall be free and
clear of all monetary liens and encumbrances (such as mortgages, deeds of trusts,
mechanic liens, etc.) If required by the Town, the plat shall contain consents by such
interest holders, in the form required by the Town (see below). Subject to the approval
of the Town Attorney, a title insurance policy shall be provided upon recording insuring
the Town's title to all public lands dedicated to it to be free and clear of all liens and
encumbrances.
LENDER CONSENT
The undersigned, ______________________, a _____________________ banking
corporation, as the beneficiary of a deed of trust recorded with the Weld County Clerk
and Recorder at _________________ and that constitutes a lien upon the Owner’s
property, hereby consents to the dedication of the streets, avenues, easements,
Outlots, Tracts, and other public places as shown on this Final Plat of
“______________________,” and hereby forever releases said lands from said lien.
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12.4.27 Ownership and Dedication
Know all men by these presents, that the undersigned ________________(Names of all
landowners) being the owner(s) of the land shown in this final plat and described as
follows:
(LEGAL DESCRIPTION)
Have laid out, subdivided and platted said land as per drawing hereon contained under
the name and style of _____________________________ (Subdivision Name), a
subdivision of a part of the Town of Firestone, County of Weld, State of Colorado, and
by these presents do hereby dedicate to the Town of Firestone the streets, avenues
(and other public places, tracts/outlots [to be completed with specific references]) as
shown on the accompanying plat for the public use thereof forever and does further
dedicate to the use of the Town of Firestone and all serving public utilities (and other
appropriate public entities) those portions of said real property which are so designated
as easements as shown.
It is expressly understood and agreed by the undersigned that all expenses and costs
involved in constructing and installing sanitary sewer system works and lines, water
system works and lines, gas service lines, electrical service works and lines,
landscaping, curbs, gutters, street pavement, sidewalks, and other such utilities and
services shall be guaranteed and paid for by the Subdivider or arrangements made by
the Subdivider thereof which are approved by the Town of Firestone, Colorado, and
such sums shall not be paid by the Town of Firestone, and that any item so constructed
or installed when accepted by the Town of Firestone shall become the sole property of
said Town of Firestone, Colorado, except private roadway curbs, gutter and pavement
and items owned by municipality franchised utilities, other serving public entities and/or
Qwest, Inc., which when constructed or installed shall remain and/or become the
property of such municipality franchised utilities, other serving public entities, and/or
Qwest, Inc. and shall not become the property of the Town of Firestone, Colorado.
Owner:
(Name(s) of Owners)
By: __________________________ By: __________________________
Owner Owner
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12.4.28 Notary Certificate (in conjunction with owner's signature)
STATE OF COLORADO )
)SS
COUNTY OF WELD )
The foregoing instrument was acknowledged before me this _____ day of
________________, 20___
by_________________________________________.
Witness my hand and official seal
______________________________
Notary Public
______________________________
My commission expires
12.5 Subdivider’s Agreement
A Subdivider’s Agreement shall be executed with the Town prior to recording of the final
plat. The Town Attorney will provide the Applicant with a site-specific agreement. The
Town’s form agreement is shown as Exhibit V.
12.6 Processing
Minor Plat applications shall be processed in accordance with the requirements of Title
16 of the Town Code and Sections 10.7 through 10.31 of these Development
Regulations, except for those processing requirements that the Town Engineer or Town
Planner have identified as not applicable to the minor subdivision request.
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13.0 Preliminary Utility Plans
All Preliminary Utility Plans shall be prepared in such a manner as to present all
pertinent information that will be required to construct the proposed facilities. Additional
information shall be submitted, as may be required by the Town Engineer, to aid in the
technical review by the Town to ensure compliance with all Town criteria and accepted
engineering and construction standards. All Preliminary Utility Plans shall be prepared
by, or under the direct supervision of, a professional civil engineer licensed in the State
of Colorado. The Preliminary Utility Plans shall be submitted to the Town along with the
Preliminary Plat.
13.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
13.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
13.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, these documents noted below shall also be provided in electronic format as
noted in Chapter 2.
13.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
The Development Application has a signature block that notes the applicant has read
pertinent sections of these Development Regulations.
13.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
13.2.4 Vicinity Map
A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet
showing the parcel location and bordering streets within one-half mile. The map shall
also show the existing limits of the Town of Firestone. The map shall be prepared on an
8.5-inch by 11-inch sheet of paper.
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13.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than three months prior to the final Town Board hearing date. The applicant shall
provide endorsements updating the effective date as requested by the Town.
13.2.6 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
13.2.7 Water Rights Questionnaire
A completed Water Rights Questionnaire (Exhibit L) must accompany a development
application.
13.2.8 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
13.2.9 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
13.2.10 Traffic Impact Study
Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the
requirements specified in Section 11.0 shall be required. The study can be included in
the notebook or as a separate document.
13.2.11 Soils Report
Unless waived by the Town Engineer, a Soils Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
13.2.12 Drainage Report
Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
13.2.13 Hydraulic Analysis Report
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Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
13.3 Response Letter
For a second or third submittal (as described below) a letter shall be provide describing
how each staff comment or Planning Commission recommended condition (if available)
has been addressed.
13.4 Preliminary Utility Plan Sheets
The following information must be prepared on the following sheets 24-inches by 36-
inches in size and supplied in sequence.
A. Cover sheet.
B. Overall utility plan(s).
C. Grading plan(s).
13.4.1 Scale and North Arrow
On all sheets provide the scale at which the drawings are drawn and a graphic
representation, and a symbol designating true North. USGS maps 7.5 minute series are
acceptable.
13.4.2 Cover Sheet
A. A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-
feet showing the parcel location and bordering streets within one-half mile. The
map shall also show the existing limits of the Town of Firestone.
B. Index to all sheets.
C. Legend showing various line types and symbols and what they represent.
D. Abbreviations used on the utility plans.
E. General notes (including Town standards).
F. Benchmark Reference (a monumented and recorded benchmark on the Town
of Firestone datum shall be within five hundred feet of the construction work
area).
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G. The Firestone Information block shall be located in the bottom right corner (only
required on cover sheet of PUP). For specifications on the Firestone
Information Block, see Section 2.
13.4.3 Overall Utility Plan
A. Plan scale shall not exceed 1" = 100".
B. Show all proposed potable water lines including valves, fittings, and fire
hydrants. Label water line sizes and type of pipe.
C. Show all proposed sanitary sewer lines including manhole locations. Label all
manholes and show directions of flow. Label any sewer lines larger than 8" or
manholes larger than 48" diameter.
D. Show all storm sewers, manholes, culverts and inlets. Pipe sizes are optional
as are inlet sizes.
E. Show location, size, and type of existing water, sanitary sewer, storm sewer,
culverts, and inlets.
F. Show all proposed streets including center line, edge of asphalt, flow line, top of
curb (for vertical curb only), sidewalks, and cross pans. Show all street names.
G. Show all existing streets including centerline, edge of asphalt, flow line, top of
curb (for vertical curb only), sidewalks, and cross pans. Show all street names.
H. Show all proposed lots with lot numbers.
I. Show all existing lots with lot numbers, if previous phases or filings have been
done, that abut this phase or filing.
J. Show all proposed right-of-ways and easements including standard utility
easements, sanitary sewer easements, drainage easements, conservation
easements, ditch easements, etc.
K. Show all existing right-of-ways and easements that abut or traverse the site.
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L. Show all structures or facilities that will remain on the site indefinitely or
temporarily such as barns, oil and gas wells, storage tanks, railroad tracks,
irrigation ditches, etc.
M. Show all wetlands (if any) on the site.
13.4.4 Grading Plan
A. Plan scale shall not exceed 1" = 100".
B. Show all existing ground contours at an interval not to exceed one-foot. Existing
contours should be dashed and/or faded to prevent cluttering the drawing and
label all existing contours.
C. Show all existing surface features such as streets, roads, structures, ditches,
headworks, wells, trees, water surfaces, lakes, ponds, streams, rivers, dams,
culverts, utility poles, signs, fences, driveways, field roads, headwalls, etc.
D. Label all existing roads, streets, rivers, streams (if it has a name), irrigation
ditches, etc.
E. Show all of the items listed in the requirements for the preliminary overall utility
plan. Although, text and notes may be omitted.
F. Show proposed grading contours at the same contour interval as the existing
and label all contours. Proposed contours should be solid and heavy enough to
easily distinguish themselves from the existing contours and show proposed
grading spot elevations. At a minimum, spot elevations shall be shown at all
street intersections, grade breaks, high points, and low points. Enough spot
elevations should be shown across the site to determine the limits of
disturbance and general drainage patterns.
G. Location and grading of proposed detention ponds. This should also include
estimated 100-year inflow, release rates, and the ponds capacity.
H. Provide flow arrows that indicate the direction of storm runoff in streets and
across lots and open spaces.
I. Show locations of proposed ditches and swales.
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J. Show the location(s) where storm runoff will enter and leave the site.
K. Label all open spaces, tracts, out parcels, existing or future phases, etc.
L. Show all existing and proposed 100-year flood plains.
13.5 Preliminary Utility Plan Processing
A. Preliminary Utility Drawings shall be processed in concurrence with a
Preliminary Development Plan and Preliminary Plat, as appropriate. See Exhibit
S for a summary of submittal requirements for all noted documents.
NOTE
Approval of the drawings is for general conformance to the Town of Firestone
Design and Construction Specification Regulations as amended. Errors or
omissions encountered in the plans after approval does not relieve the
Applicant from meeting all Town specifications and codes and constructing all
facilities so that such facilities can be accepted by the Town Engineer.
B. Once approved by the Town, the Applicant shall then deliver two (2) sets of all
approved Preliminary Utility Plans to the Planning Coordinator along with all
reports.
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14.0 Final Utility Plans
All Final Utility Plans shall be prepared in such a manner as to present all pertinent
information that will be required to construct the proposed facilities. Additional
information shall be submitted, as may be required by the Town Engineer, to aid in the
technical review by the Town to ensure compliance with all Town criteria and accepted
engineering and construction standards. All Final Utility Plans shall be prepared by, or
under the direct supervision of, a professional civil engineer licensed in the State of
Colorado. The Final Utility Plans shall be submitted to the Town along with the Final
Plat.
14.1 Pre-Application Submittal Conference
A pre-application submittal conference is encouraged to be held pursuant to Section
2.2.
14.2 Application Notebook
The following materials shall be submitted in an application notebook as specified in
Section 2.10 (I).
14.2.1 Table of Contents
A table of contents shall be provided as the first sheet in the notebook. To the extent
possible, the documents noted below shall also be provided in electronic format as
noted in Chapter 2.
14.2.2 Development Application
A Development Application Form (Exhibit H) shall be submitted pursuant to Section 2.5.
The Development Application has a signature block that notes the applicant has read
pertinent sections of these Development Regulations.
14.2.3 Development Cost Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
14.2.4 Vicinity Map
A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet
showing the parcel location and bordering streets within one-half mile. The map shall
also show the existing limits of the Town of Firestone. The map shall be prepared on an
8.5-inch by 11-inch sheet of paper.
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14.2.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than three months prior to the final Town Board hearing date. The applicant shall
provide endorsements updating the effective date as requested by the Town.
14.2.6 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the subject
Property.
14.2.7 Water Rights Questionnaire
A completed Water Rights Questionnaire (Exhibit L) must accompany a development
application.
14.2.8 Fiscal Impact Analysis
A general fiscal impact analysis is prepared by the Town. However, a fiscal impact
submittal form must be completed by the Applicant. The fiscal impact submittal form is
shown as Exhibit K.
14.2.9 Water Service Calculations
The Applicant shall submit AWWA M22 water service sizing calculations.
14.2.10 Environmental Assessment
Unless waived by the Town Engineer, a Phase I environmental assessment shall be
required. Report can be included in the notebook or as a separate document.
14.2.11 Traffic Impact Analysis
Unless waived by the Town Engineer, a Traffic Impact Study prepared pursuant to the
requirements specified in Section 11.0 shall be required. The study can be included in
the notebook or as a separate document.
14.2.12 Soils Report
Unless waived by the Town Engineer, a Soils Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
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14.2.13 Drainage Report
Unless waived by the Town Engineer, a Drainage Report prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
14.2.14 Hydraulic Analysis Report
Unless waived by the Town Engineer a Hydraulic Analysis prepared pursuant to the
requirements specified in Section 11.0 shall be required. The report can be included in
the notebook or as a separate document.
14.3 Response Letter
For a second or third submittal (as described below) a letter shall be provided
describing how each staff comment or Planning Commission recommended condition (if
available) has been addressed.
14.4 Final Utility Plan Sheets
The following information must be prepared on the following sheets 24-inches by 36-
inches in size and supplied in sequence.
A. Cover sheet.
B. Overall utility plan(s).
C. Grading plan(s).
D. Sanitary sewer plan and profile(s).
E. Storm sewer plan and profile(s).
F. Street plan and profile(s).
G. Waterline plan and profiles(s) for 12-inch and larger pipe only.
H. Drainage channel plan and profile(s) for major drainage way construction that
includes grade control structures.
I. Details.
J. Erosion Control Plan.
14.4.1 Scale and North Arrow
On all sheets provide the scale at which the drawings are drawn and a graphic
representation, and a symbol designating true North.
14.4.2 Cover Sheet
A. A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-
feet showing the parcel location and bordering streets within one-half mile. The
map shall also show the existing limits of the Town of Firestone.
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B. Index to all sheets.
C. Legend showing various line types and symbols and what they represent.
D. Abbreviations used on the utility plans.
E. General notes (including Town standards).
F. Benchmark Reference (a monumented and recorded benchmark on the Town
of Firestone datum shall be within five hundred feet of the construction work
area).
G. The Firestone Information block shall be located in the bottom right corner (only
required on cover sheet of PUP). For specifications on the Firestone
Information Block, see Section 2.
H. Approval block, see Section 14.14.
14.4.3 Overall Utility Plan
A. Include all items required for the preliminary overall utility plan.
B. Label water line pipe size, material and length. Label all valve types and all
bends. Label all fire hydrants and hydrant sizes. Indicate locations of PRV's,
air/vacuum valves, plugs, and stubouts for future expansion.
C. Sanitary sewer lines shall be labeled in the same manner as what is shown on
the sanitary sewer plan and profile sheets. If a particular line is labeled "Line
SS-1" on the P & P sheets it should be labeled similarly on the overall utility
plan. If lines are not labeled but rather denoted by street name in the P & P
sheets then no label is necessary on the overall utility plan.
D. Label all storm sewer pipe size and material. Lengths need not be shown since
they appear on the storm sewer P & P sheets. Label all inlets and indicate the
inlet type and size. Label all manholes and lines as they are shown on the P &
P sheets. Storm sewer lines shall be labeled in the same manner as what is
shown on the storm sewer plan and profile sheets. If a particular line is labeled
"Line ST-1" on the P & P sheets it should be labeled similarly on the overall
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utility plan. If lines are not labeled but rather denoted by street name in the P &
P sheets then no label is necessary on the overall utility plan.
E. Clearly indicate the location and method of connections to existing utilities.
14.4.4 Grading Plan
A. Include all items required for the preliminary grading plan except that proposed
grading contours must be used and all storm sewer facilities must be sized and
labeled. Plan scale shall not exceed 1" = 100’.
B. Show all storm sewers, manholes, culverts, inlets, and other storm drainage
facilities. Storm sewer lines, manholes, and inlets shall be labeled. Sizes of all
pipes, manholes, and inlets shall be shown.
C. All riprap blankets shall be shown. The type of riprap shall be shown. The
dimensions of the riprap blanket shall be shown including thickness. The
thickness and type of bedding materials shall be shown.
D. Detention ponds shall show the active capacity, 100-year inflow and release
rate, and the 100-year ponding elevation.
E. Finished floor elevations shall be shown for all lots.
F. High points and low points in streets shall be labeled and spot elevations
shown.
G. Show locations of erosion control facilities such as silt fences, straw bale dikes,
gravel filters, sediment traps, etc.
H. Show notes indicating seeding mixes and procedures and mulch application
rates and procedures.
I. Channel and swale typical cross sections showing flow depths during the major
and minor storm.
J. Location of the 100-year flood plain of major rivers, streams, drainageways,
and manmade channels.
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K. Show all wetlands (if any) on the site.
L. Label slopes that are 4:1 or steeper.
14.4.5 Sanitary Sewer Plan and Profile
The following is considered minimum requirements for items to be shown on the P & P
sheets. Consult with the Sanitation District for further information.
A. The plan view shall contain all of the items required for the final overall utility
plan. The sanitary sewer lines, manholes, and services shall be done with a
heavier pen so they will stand out. Label the length and bearing of each line
from center of manhole to center of manhole.
B. Reference sheet numbers for continuations at match lines or for laterals not
profiled on the current sheet.
C. Profiles shall be stationed from downstream to upstream. Length, slope, size,
and material of pipe shall be labeled from center of manhole to center of
manhole. Manhole stations shall be labeled. At each manhole label the invert in
and out and the manhole rim elevation. Show all utility crossings and label the
size, type, and invert elevation of the utility. Show and label the existing and
finished ground at the pipe centerline. Show and label all encasements, cutoff
walls, and subdrains.
14.4.6 Storm Sewer Plan and Profile
A. The plan view shall contain all of the information required for the final overall
utility plan and shall also include the existing and finished ground contours or
the plan view shall contain all of the information required for the final grading
plan and shall also include the proposed water and sewer lines.
B. All storm sewer lines, manholes, culverts, headwalls, flared end sections, inlets,
and riprap blankets shall be done with a heavier pen so they will stand out. The
plan view should show the line number/label, pipe size, type, length, and
bearing.
C. Reference sheet numbers for continuation at match lines or for lines not profiled
on the current sheet.
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D. A note shall be added to the plan view indicating the required class of
reinforced concrete pipe when used.
E. Profiles shall be stationed from downstream to upstream. The length, slope,
size, and material of pipe shall be labeled from center of manhole to center of
manhole. Manholes and inlet stations shall be labeled at each manhole and
inlet. Label the invert in and out and the rim/flowline elevation. Show all utility
crossings and label the size, type, and invert elevation of each utility. Because
storm sewer pipe has large pipe thickness’, show the pipe thickness on the
profile to ensure proper clearance with other utilities. Show and label the
existing and finished ground at the pipe centerline. Show and label all
encasements, cutoff walls, head walls, end sections, riprap blankets, etc. show
and label the hydraulic grade line and indicate sections of storm sewer that
require water tight joints.
14.4.7 Street Plan and Profile
A. The plan view shall show the street centerline, edge of asphalt, flowline, back of
curb (for vertical curb only), cross pans, sidewalk including handicapped ramp
locations, and right-of-ways. Also, show adjacent lot lines, utility easements,
tracts, and open spaces. Storm sewer inlets and culverts shall be shown.
B. Label the street centerline at 100-foot increments with tick marks every 50-feet.
Show street centerline stations for storm inlets, centerline intersections with
other streets, and points of curvature (“PC”) and points of tangency (“PT”) for all
horizontal curves. Also, show street centerline stations for all points of curb
return (“PCR”).
C. Provide spot elevations and labels at all high points and low points. Show spot
elevations at all PCR's and on the street centerline perpendicular to PCR's.
Show spot elevations at the midpoint of curb returns where there is no cross
pan. Show spot elevations at the intersection of street flow lines where a cross
pan will be installed and at the midpoint of the cross pan. Show spot elevations
at the centerline intersection of all streets.
D. Show all street centerline horizontal tangent and curve data. Tangent data shall
include bearing and distance. Curve data shall include curve radius, arc length,
chord distance, chord bearing, and the delta angle.
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E. Indicate sheet numbers for continuation at match lines and for streets not
profiled on the current sheet.
F. The plan view shall have a typical cross section of the street showing right-of-
way width, flowline to flowline width, sidewalk width, type of curb and gutter,
and crown slope. The cross section shall also include the pavement section to
be used.
G. The profile shall show the existing and finished ground at the centerline of the
street. The profile shall be stationed every 50-feet. The profile shall show
finished grade elevations every 50-feet except through vertical curves where
elevations will be shown every 25-feet. Label and show stations and elevations
for grade breaks (“GB”), points of curb return (“PCR”), beginning of vertical
curves (“BVC”), end of vertical curves (“EVC”), center line intersections with
other streets, and storm inlets.
H. Vertical curves shall be shown in the profile. Label the length of vertical curve,
BVC, EVC, high point/low point station and elevation, and the algebraic
difference in grades approaching the vertical curve.
I. Label centerline slopes between all vertical curves and/or grade breaks.
J. In addition to the requirements of Plan and Profile Design, Arterial Street
Design shall include cross sections at intervals not to exceed 100 feet. Cross
sections shall be referenced back to street centerline stationing as shown on
the Plan and Profile sheets. Cross sections shall clearly show existing ground,
proposed improvements and the ultimate street sections for the full width of the
ultimate Right-of-Way. Additional cross section width will be necessary to show
proposed grading tying back into existing R.O.W., proposed R.O.W., ultimate
R.O.W., and adjacent easements shall be clearly labeled.
14.4.8 Waterline Plan and Profile
A. Profiles for waterlines shall only be required for pipe diameters of 12-inches or
more.
B. The purpose of large diameter waterline profiles will be to better detail the
increased number of horizontal and vertical fittings that are necessary due to
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the larger pipe diameter. The profile will be used to ensure adequate clearance
with other utilities.
C. The plan and profile view layout shall be similar in content to that which is
required for sanitary sewers and storm sewers (no topographic contours are
necessary). All valves, fittings, and appurtenances shall be shown and labeled
in both the plan and profile. Sanitary sewer and storm sewers shall be shown in
both the plan and profile with invert elevations labeled in the profile.
14.4.9 Drainage Channel Plan and Profile
A. Plan and profile sheets for drainage channels will only be required for major
drainageways that will have several grade changes and/or grade control
structures.
B. The purpose of plan and profile sheets for drainage channels will be to ensure
precise construction of a facility that may not be properly constructed if only a
plan view grading plan is provided.
C. Information that should appear will include finished grade contours, channel
bottom grades, grade control structures, road crossings, utility crossings, and
the 100-year water surface profile.
14.4.10 Detail Sheets
Standard details shall be provided to ensure compliance with Town criteria and District
criteria. Other details for special conditions may be required to ensure proper
construction. The Town may require special details when in the Town's opinion, a
situation is not clear or if a detail will ensure proper construction.
14.4.11 Erosion Control Plan
Erosion Control Plan consistent with the Storm Water Management Plan (SWMP) shall
be included in the FUP set.
14.4.12 Approval Block
A. An approval block shall appear on the cover sheet of the final utility plan set.
Space shall be provided for approval signatures by the Town and the
appropriate water and sanitation districts. Other approval signatures may be
required for ditch companies, oil and gas companies, or other agency. For
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developments that include new water use in an amount more than that used by
fifty single-family equivalents, the Town’s execution of the final utility plan
constitutes a determination that the Applicant has satisfactorily demonstrated,
in accordance with C.R.S. § 29-20-303, that water supply will be adequate for
the development covered by such utility plan and related final development
plan; such determination being subject to compliance with the applicable
subdivision or development agreement and all other applicable agreements,
requirements, and approved plans.
B. The following is an example of a typical approval block that should be modified
for specific conditions.
Utility Plan Approval
Approved: Date:
Town of Firestone
Approved: Date:
Sanitation District
Approved: Date:
Ditch Company (as necessary)
14.5 Subdivider’s Agreement
A Subdivider’s Agreement shall be executed with the Town prior to recording of the final
plat. The Town Attorney will provide the Applicant with a site-specific agreement. The
Town’s form agreement is shown as Exhibit V.
14.6 Final Utility Plan Processing
A. Final Utility Drawings shall be processed in concurrence with a Final
Development Plan and Final Plat, as appropriate. See Exhibit U for a summary
of submittal requirements for all noted documents.
B. After the construction plans have been reviewed, a mylar original construction
plan set (stamped and signed by PE and signed by sanitation district) shall be
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submitted with all changes and corrections to the Planning Coordinator for
approval and signature.
NOTE
Approval of the drawings is for general conformance to the Town of Firestone
Design and Construction Specification Regulations as amended. Errors or
omissions encountered in the plans after approval does not relieve the
Applicant from meeting all Town specifications and codes and constructing all
facilities so that they can be accepted by the Town Engineer.
C. After the Town has signed the original mylar construction plan set, the
Applicant shall pick-up the mylar from the Town and make copies of the
approved plans. The Applicant shall then deliver three (3) sets of all approved
construction plans to the Planning Coordinator.
D. The Applicant shall submit a CD containing the AutoCAD electronic files of the
Final Utility Plans to the Planning Coordinator (for the Town Engineer).
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15.0 Permitted Uses Within a PUD
The standards in this section control land uses within a PUD.
15.1 Land Use Categories
The following major land use categories are permitted to be located in a PUD in
locations approved by the Town Board. Variations to these land use categories may
also be permitted as approved by the Town Board.
A. Employment Center (EC)
B. Regional Commercial (RC)
C. Neighborhood Center (NC)
D. Residential - C (R-C)
E. Residential - B (R-B)
F. Residential - A (R-A)
G. Agriculture - B (AG-B)
H. Agriculture - A (AG-A)
I. Open Space (OS)
J. Conservation (CN)
15.2 Employment Center
An employment center is a large area or areas of land (generally greater than 20 acres)
designated primarily for employee based enterprises. Employment centers require
generally direct access to arterial roadways or freeways. The EC land use category
permits industrial, commercial, and office uses to occur.
15.2.1 Permitted Industrial Uses
The following industrial land uses are permitted within the EC land use category:
A. Research, development & testing
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B. Manufacturing*
C. Fabrication*
D. Processing*
E. Assembly*
F. Warehousing
G. Repair and service*
H. Laboratories*
I. Office/Warehouse
J. Storage and distribution facilities*
Wholesaling of any commodity manufactured, processed, fabricated or
warehoused on the premises.
* All referenced uses shall be completely enclosed in a building.
15.2.2 Permitted Commercial Uses
The following commercial uses are permitted within the EC land use category:
A. Retail commercial (as a support use)
B. Retail showroom
C. Wholesale commercial
D. Office-showroom
E. Personal service
F. Repair and service
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G. Warehouse-showroom
H. Recreation facilities
I. Hospitals
J. Gas stations
K. Car washes
L. Restaurants
15.2.3 Permitted Office Uses
The following office uses are permitted within the EC land use category:
A. Professional
B. Administrative
C. Research, development & testing
D. Medical office and clinic
E. Executive office
F. Laboratories
G. Colleges
H. Training and instructional
I. Financial Institutions
15.3 Regional Commercial
Regional Commercial (RC) centers provide goods and services on a regional basis. The
RC land use category permits regional commercial and related land uses.
15.3.1 Permitted Commercial Uses
The following commercial uses are permitted within the RC land use category:
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A. Retail commercial
B. Retail sales and service
C. Retail showroom
D. Convention centers
E. Retail lodging (including, hotels, motels)
F. Stadiums
G. Wholesale commercial
H. Food sales
I. Personal service
J. Office-showroom
K. Warehouse-showroom
L. Sports centers
M. Recreation facilities
N. Car washes (if an economic development benefit can be demonstrated)
O. Repair and service
P. Hospitals
Q. Kennels (totally enclosed)
R. Gas stations
S. Establishments serving liquor
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T. Indoor entertainment, including movies and theaters
15.3.2 Permitted Office Uses
The following office uses are permitted within the RC land use category:
A. Professional
B. Administrative
C. Medical office and clinic
D. Executive office
E. Research, development & testing
F. Laboratories
G. Colleges
H. Training and instructional
I. Financial Institutions
15.4 Neighborhood Center
The NC land use category permits commercial and offices uses to occur.
15.4.1 Permitted Commercial Uses
The following commercial uses are permitted within the NC land use category:
A. Retail commercial
B. Retail sales and service
C. Retail showroom
D. Food sales
E. Personal service
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F. Office-showroom
G. Sports centers
H. Recreation facilities
I. Repair and service
J. Gas stations
K. Car washes (if an economic development can be demonstrated)
L. Establishments serving liquor
M. Grocery Stores
N. Banks
O. Indoor entertainment, including movies and theaters
15.4.2 Permitted Office Uses
The following office uses are permitted within the NC land use category:
A. Professional
B. Administrative
C. Research, development & testing
D. Medical office and clinic
E. Executive office
F. Colleges
G. Training and instructional
H. Financial Institutions
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15.5 Residential-C
The R-C land use category permits residential uses to occur.
15.5.1 Permitted Residential Uses
The following residential uses are permitted within the R-C land use category:
A. Single-family attached
B. Multi-family
C. Apartments and other rental properties
15.6 Residential-B
The R-B land use category permits residential uses to occur.
15.6.1 Permitted Residential Uses
The following residential uses are permitted within the R-B land use category:
A. Single-family attached
B. Single-family detached
15.7 Residential-A
The R-A land use category permits residential uses to occur.
15.7.1 Permitted Residential Uses
The following residential uses are permitted within the R-A land use category:
A. Single-family detached
15.8 Agriculture-B
The AG-B land use category permits agricultural and associated uses.
15.8.1 Intent
The AG-B land use category is intended to be used as:
A. Agriculture, ranching or conservation
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B. Intense agriculture uses, such as feed lots, turkey farms, etc.
C. Undeveloped natural lands, except for minor buildings, roads and structures
which are only accessory
15.8.2 Permitted Uses
The following uses are permitted within the AG-B land use category:
A. Single-family detached dwellings
B. Ranching and Farming
C. Greenbelts
D. Trails
E. Natural forest or range
F. Equestrian paths
G. Public, private and commercial equestrian centers
15.9 Agriculture-A
The AG-A land use category permits agricultural and associated uses.
15.9.1 Intent
The AG-A land use category is intended to be used as:
A. Agriculture, ranching or conservation
B. Not intense agriculture uses
C. Undeveloped natural lands, except for minor buildings, roads and structures
which are only accessory
15.9.2 Permitted Uses
The following uses are permitted within the AG-A land use category:
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A. Single-family detached dwellings
B. Ranching and Farming
C. Greenbelts
D. Trails
E. Natural forest or range
F. Equestrian paths
G. Public, private and commercial equestrian centers
15.10 Open Space
The OS land use category permits both active and passive open space uses.
15.10.1 Intent
The OS land use category is intended to be used as:
A. Undeveloped natural lands not significantly designated for development of
buildings. roads, or structures; or
B. Undeveloped natural lands, except for minor buildings, roads and structures
which are only accessory; or
C. Active recreation which is accessory to developed areas.
D. Landscape enhancement of developed areas.
15.10.2 Permitted Uses
The following uses are permitted within the OS land use category:
A. Playgrounds
B. Sport fields
C. Greenbelts
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D. Trails
E. Natural forest or range
F. Golf courses
G. Equestrian paths
H. Tennis courts
I. Botanical gardens
J. Nature centers
K. Public and private recreation centers
L. Parks
M. Public, private and commercial equestrian centers
15.11 Conservation
The CN land use category permits passive open space uses; with limited active open
space uses.
15.11.1 Intent
The CN land use category is intended to be used as:
A. Undeveloped natural lands not significantly designated for development of
buildings, roads, or structures.
B. Undeveloped natural lands, except for minor buildings, roads and structures
which are only accessory.
C. Passive recreation which is accessory to developed areas.
D. Landscape enhancement of developed areas.
15.11.2 Permitted Uses
The following uses are permitted within the CN land use category:
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A. Greenbelts
B. Trails
C. Natural forest or range
D. Equestrian paths
E. Botanical gardens
F. Nature centers
15.12 Land Uses Permitted in All Land Use Categories
The following uses are permitted within all land use categories. Some of the following
uses may be subject to additional review or approval procedures:
A. Child care facilities and private schools (Child care facilities and private schools
are permitted in all the R land use categories provided that any one structure
serves no more than 6 children or students.)
B. All farming and ranching uses in the AG-A land use category, except as
specifically prohibited.
C. Religious churches, synagogues and temples.
D. Public lands, buildings and streets, including: Fire stations, Police stations,
Government & Special District Offices, Government & Special District Utilities,
however, any such uses that are modified to a non-public may be subject to
review or approval procedures pertaining to such use.
E. Public or private utility facilities, including power generation.
F. Solar Electric, Photovoltaic System or Solar Thermal System.
1. Solar Electric, Photovoltaic System or Solar Thermal System are
permitted on residential or commercial rooftops provided the system does
not exceed the maximum building height permitted.
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2. For any Solar Electric, Photovoltaic System or Solar Thermal System
installed on a gable roof, the system may vary from the pitch of the roof to
optimize solar exposure.
3. For commercial buildings and sites, solar collection areas other than the
roof must be shown on the FDP, unless otherwise provided in the FDP.
4. Solar collection areas are prohibited in the front yard and side yard that
abuts a public street on any single-family residential lot.
G. Small Wind Electric System.
1. The height of the Small Wind Electric System cannot exceed the height of
the main structure on the lot;
2. A maximum of one system per lot;
3. Is adequately screened as possible;
4. The system is not permitted in the front yard or side yard that abuts a
public street; and
5. Is setback from all property lines a minimum of the height of the system.
H. Temporary uses authorized pursuant to Section 6.12 of these Regulations. A
Temporary Use Application form is shown as Exhibit Z.
I. Family child care homes provided that the maximum number of children and
the age limitations for children to whom care is provided do not exceed the
limitations set forth in the State of Colorado regulations for family child care
homes, as amended from time to time.
15.13 Accessory Land Uses
The following accessory uses are permitted as described below.
15.13.1 Permitted Uses within EC Land Use Category
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A. Places for the retail sales of goods and services provided such uses are
enclosed in an industrial and/or office building. The total floor area for these
retail uses shall not exceed 5% of the total building area.
B. Temporary construction and sales offices
C. Security guard residences
D. Private use heliports
E. Incineration (as an accessory use to a principal permitted manufacturing or
processing use) subject to the regulations of the governmental entity having
jurisdiction.
15.13.2 Permitted Uses within RC and NC Land Use Categories
A. Temporary construction and sales offices
B. Security guard residence
15.13.3 Permitted Uses within R Land Use Categories
A. Accessory buildings are permitted with single-family homes only and they shall
not be used for residential occupancy.
B. Mini-structures are permitted only with single-family homes and they must be
located in the rear yard.
C. Show or model homes.
D. For residential lots over 2 acres in size, private stables and barns for the
keeping of bovine or equine animals (in approved R-A areas only). The
minimum square footage of open lot area for any stable area shall be 9,000
square feet for the first animal and 6,000 square feet thereafter for each
additional animal. The total maximum number of animals per individual stable
or barn shall not exceed three. All such animals shall be kept in a fenced area.
E. Home occupations.
F. Temporary construction and sales offices, as approved by the Town Planner.
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G. Group homes for the developmentally disabled and aged (if specifically
approved at the time of ODP).
H. Greenhouses of less than 10% of the principal residential building.
I. Security guard residence
15.13.4 Permitted Uses within AG, OS, or CN Land Use Categories
A. Any structure that is incidental to public recreation
B. Temporary construction offices
C. Security guard residences
D. Commercial stables
15.14 Land Uses Subject to Special Conditions
Unless otherwise specified, the following uses are permitted in all land use categories, if
they meet the special conditions specified in Section 18 and any permitting or approval
requirements of the, United States, State of Colorado, Weld County or Town of
Firestone, as appropriate:
A. Borrow Pit
B. Oil and Gas Production
C. Reservoirs*
D. Mining
* If reservoir construction involves the commercial operation and extraction of
mineral deposits, then it shall be subject to all the standards related to mining.
15.15 Prohibited Land Uses
The following uses are prohibited in all land use categories unless specifically approved
by the Town Board:
A. Outdoor boat sales.
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B. Major Truck Stops.
C. Outdoor trailer sales.
D. Outdoor automobile sales (new and used cars).
E. Drive-in movie theaters.
F. Animal rendering (permitted in AG-B).
G. Cattle feed lots (permitted in AG-B).
H. Storage of hazardous materials outside of a bunker or structure, or which is in
violation of Colorado or Federal standards, or which extends for more than 30
consecutive days (unless such storage is fully permitted and approved at the
time of ODP, PDP or FDP).
I. Incineration, except as an accessory use to a manufacturing or processing.
J. Outdoor storage of salvage materials or inoperable vehicles.
K. Mobile homes and manufactured homes that do not meet the definition thereof
in section 17.08.270 of the Town Code.
L. All other uses not expressly permitted herein (unless otherwise approved at the
time of ODP, PDP or FDP).
M. Mini-storage.
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16.0 Development Standards
The development standards outlined in this section specifically regulate the intensity of
any permitted land use in a PUD. Variations to these standards may be approved by the
Town Board if justified through the PUD process. If such variations are so approved
they need to be specifically stated in the FDP.
16.1 Density
The following sections describe the development standards relative to residential and
non-residential density.
16.1.1 Minimum and Maximum Dwelling Units
The minimum and maximum residential dwelling unit gross density shall be as follows:
A. R-A = 0-2.3 dwelling unit per acre; minimum lot size to be specified in ODP
B. R-B = 2.4-4 dwelling units per 1 acre; minimum lot size to be specified in ODP
C. R-C = 4.1-30 dwelling units per 1 acre.
D. AG-A or AG-B = 1 dwelling units per 35 acres
The gross maximum number of permitted residential dwelling units for any land use
category is calculated by multiplying the maximum residential dwelling unit density per
acre, as shown above, times the gross acreage. However, the maximum number of
permitted dwelling units is ultimately determined by the Town Board at the time of an
approval of a Final Development Plan. Additionally, the maximum dwelling units may be
further limited by the permitted minimum lot size, which shall control over the maximum
number of dwelling units or gross density, and by the application of other development
standards, criteria and constraints.
16.1.2 Maximum Building and Structure Height
Maximum Building Height
The maximum permitted building heights for each land use category shall be as
specified below:
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Maximum Building Height
Land Use category Maximum Building Height (Feet)
RC ........................................................ 50
NC ........................................................ 35
EC ....................................................... 35*
R ........................................................... 35
AG, OS and CN .................................... 35
All land use categories ........................... *
Freestanding Garages in R .................. 25
Maximum Structure Height
The following table identifies maximum structure heights for each land use category.
Maximum Structure Height
Maximum
Type of Structure Land Use Category Structure Height
(Feet)
Fences .............................. EC, RC and AG-B .......................... . 8*
Fences .............................. NC, R, AG-A, OS, and CN ............. . 6*
Ground Mounted
Communication Structures All ................................................... **
* See Sections on Fences
** As may be approved by the Town at the time of FDP
16.1.3 Minimum Building Setback
The minimum building and structure setbacks from right-of-ways are shown in the two
tables below. The more restrictive setback between the two tables shall control:
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Minimum Building Setback from Rights-of-Way
Minimum Building Setback From Right-of-Way
Setback Distance (feet) Boundary Line
50 .............................................. I-25*
45 .............................................. Arterial Roadway
* See Table 1
Minimum Non-Residential Building Setback from Lot Lines
Minimum Building Setback From Right-of-Way
Setback Distance (feet) Boundary Line
20** ............................................. Front lot line
10** ............................................. Side lot line
20** ............................................. Rear lot line
** Unless otherwise approved at the time of Final Development Plan,
The following guidelines shall apply to the placement of single-family, detached
areas:
A. Structures shall have the garage setback a minimum of 20-feet from the
right-of-way.
B. Side yards shall be a minimum of 7-feet from the lot line.
C. Rear yards shall be a minimum of 20-feet with no obstruction of
easements.
D. Swimming pools shall be setback a minimum of 5-feet from all property
lines, and shall not be counted in calculating lot coverage.
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Setbacks for other residential uses shall be determined at the time of FDP.
There shall be a 100-foot building separation between residential buildings and
non-residential buildings.
16.1.4 Minimum Landscape Borders
The following table specifies the minimum landscape border for any lot. Landscape
borders along roadways shall be along the right-of-way line unless an alternate, more
desirable or functional location is approved by the Town Planner.
Minimum Landscape Borders
Minimum Landscape
Border Width From (right-of-way)
30 ............................................................... I-25
20 ............................................................... Arterial Roadway
20 ............................................................... Minor Arterial Roadway
20 ............................................................... Collector Roadway
12 ............................................................... Building Wall*
* If a driveway, walkway or service area is adjacent to the building wall, then the
landscape border area requirement shall be added to the buffer area or parking
lot landscaping requirements.
Notwithstanding the above, a minimum of 20 percent of each lot or center shall be
landscaped, unless otherwise approved at the time of FDP.
16.1.5 Minimum Building Lot Size
The minimum building or commercial center lot size (excluding commercial areas
developed as centers) for non-residential uses associated with the EC, RC, and NC,
land use categories is shown in the Table below.
Minimum Building Lot Size
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Minimum Building
or Center Lot Size (Acres) Location
2 ........................................................... Within 500-feet of I-25
1 ........................................................... All Other Areas
16.1.6 Minimum Building Coverage
The minimum building coverage for non-residential uses associated with the EC land
use category is 2,000 (two thousand) square feet. Modifications to this requirement may
be approved by the Town Board to accommodate small accessory structures or certain
fast food restaurants.
16.1.7 Maximum Building Coverage
The maximum building coverage for non-residential uses associated with the EC, RC
and NC, land use categories are shown below.
Maximum Building Coverage
Building Coverage
("Footprint") Maximum
(gross square feet) Building Coverage
< 200,000 ......................................................... 40%
200,000-300,000 ............................................... 35%
> 300,000 .......................................................... 30%
The maximum building coverage for uses associated with the AG land use
category is 5%, except for equestrian centers which shall be 10%.
The maximum building coverage for religious churches, synagogues and
temples shall be 15%.
16.2 Outdoor Storage
Outdoor storage, if permitted, shall be approved at the time of FDP. If approved, all
outdoor storage areas must be:
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A. Screened from the sight of properties and roadways.
B. Shall not exceed 15-feet in vertical height unless totally screened by a building
from adjoining roadways.
C. Outdoor storage areas shall be permitted in AG land use categories only for the
storage of agricultural equipment.
D. All dumpsters shall be screened from adjoining roadways or neighboring
properties. Dumpsters in residential areas shall be enclosed by a fence or wall.
16.3 Architecture
The following architectural standards shall be adhered to for all development.
16.4 General Standards
A. The exterior surface of all buildings shall have a textured surface. Exposed
untextured concrete or concrete block are prohibited.
B. “Four-sided” architectural design shall be incorporated in all cases, so that there
is a specific design intent for each side of the building. Home elevations on open
space, local streets or arterial roadways shall comprise a minimum of 30% rock
or brick.
16.4.1 Residential Standards
The following are applicable to all single-family residential development.
A. Exterior materials for all residential buildings shall only be constructed of wood,
rock, brick, stucco, textured concrete or natural appearing siding.
B. A minimum of eighty five percent of the exterior color treatment for all buildings,
excluding single family residential, shall be muted
C. For any new subdivision filing, all single-family dwellings developed shall have
two car garages.
D. Eighty-five percent of the exterior color treatment for all residential dwellings and
accessory uses shall be muted (excluding glass treatment), unless otherwise
approved by the board based on the unique architectural design of the home.
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E. All dwelling roofs shall have the following minimum characteristics:
1. A minimum of six roof planes per building, to add articulation. For the
purposes of this section, portions of roofs less than 10% of the total plan
view roof area shall not constitute a “roof plane”.
2. A pitch of not less than four inches in twelve inches.
3. Eighty percent of all eves shall protrude from the exterior wall (not including
the width of any gutter) no less than sixteen inches. This minimum overhang
shall apply to all roofs, irrespective of pitch.
F. All dwellings shall be constructed on a permanent concrete foundation which
foundation shall have the following minimum characteristics:
1. It shall be constructed to be below estimated frost depth.
2. The foundation shall be located directly below not less than ninety percent
of the outside perimeter of the first floor building wall.
3. The foundation shall be, at a minimum, eight inches in thickness.
G. All sloped roofs shall be covered with a muted, earth-tone color roofing material,
unless otherwise approved by the board based on the unique architectural
design of the home.
16.4.2 Non-Residential Standards
The following are applicable to all non-residential development.
A. Exterior materials for all non-residential buildings shall be constructed of wood,
rock, brick, textured concrete and/or architecturally styled metal. The majority of
exterior wall surfaces shall be natural materials such as exposed aggregate
concrete, brick, natural stone, stucco and natural woods, except in the case of
architecturally styled metal.
B. All metal buildings, if deemed appropriate for the development, shall conform to
standard architectural detailing of non-metal buildings, such as parapet walls and
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the use of texture. Metal buildings shall be treated with more than 50% natural
material on the building sides that front roadways.
16.4.3 Residential Garages and Accessory Buildings
A. Only one accessory building, not including a freestanding garage, is permitted per lot
and shall be set back at least five feet from any property line. Accessory buildings
are not permitted in the front yards, side yards that face a public street, within utility
easements or within oil and gas well setbacks. Accessory buildings shall be of a
similar color as the primary building, may not exceed a height of twelve feet and
shall not exceed two hundred square feet of floor area. Construction materials shall
be similar to the primary building, and must be constructed of durable, low
maintenance materials, architecturally compatible and integrated with existing
buildings and structures except that premanufactured metal or plastic accessory
buildings are permitted. Accessory buildings and facilities are to be screened, to the
extent possible, from public streets and sidewalks, either by screening, landscaping,
location or other techniques deemed sufficient. Drainage from the roof of the shed
shall not be permitted to run off onto the property of another nor shall it run off into the
foundation of the main structure.
B. Only one freestanding garage is permitted per lot or dwelling unit and shall be
subject to the same front and side yard setback requirements as the main building. A
freestanding garage shall be set back at least five feet from the rear property line.
Freestanding garages shall be of a similar color and architectural style, and
constructed of similar materials as the main building. For a PUD, freestanding
garages are only permitted if shown on an approved FDP and constructed pursuant
to standards specified in the FDP.
16.4.4 Finish Floor Elevations
Finish Floor Elevations shall not exceed 2-feet in vertical height over the approved
minimum Finish Floor Elevation.
16.5 Fences
The following standards shall be adhered to for all fences and divisional structures. If
there is a conflict between this section and the Town Code, the Town Code shall
control.
16.5.1 Design
Final fence design details may vary from the standards in this Section; however, they
must be in conformance with the fencing plan for the development as approved on the
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FDP. It is the intent of this document to limit fencing wherever possible and appropriate
in general and specifically limit chain link, barbed wire, electrified fences, metal stake or
wire fences to areas where such fencing shall not be highly visible or distracting to a
"campus" style environment (for non-residential areas). In all cases, fences along
narrow pedestrian walkways shall be split-rail or other open style.
16.5.2 Materials
Chain link, barbed wire, electrified fences, metal stake or wire fences shall not be
allowed in EC, RC, NC or R land use categories, except for the containment of horses
in the R-A land use category or as follows. If approved, chain link or chain link with a
maximum of 4 strands of barbed wire may be allowed only in the EC, RC and AG-B
land use categories. Such fences shall generally be prohibited within 50-feet from any
roadway right-of-way. Barbed wire fences may be permitted in conjunction with ranching
uses. Unless otherwise approved, vinyl fencing is the typical material that shall be used.
16.5.3 Height
No fence, divisional wall, or retaining wall structures shall exceed 8-feet (6-feet for R
land use categories) in height, unless one of the following applies:
A. A taller structure is permitted in other sections of this document.
B. A taller retaining wall has been determined necessary by the Engineer.
16.5.4 Length
Long, continuous “straight” fences should incorporate variations in order to avoid
monotonous visual planes.
16.5.5 Location
In the EC, RC and NC land use categories a security fence may be placed adjacent to a
parking area or an open storage area.
Other than split rail, no fence shall be permitted in the front yard of single-family
residential areas.
16.5.6 Construction Responsibility
For single-family developments, all fencing shall be installed by the developer.
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16.5.7 Exempt Fences
The following fence types shall be exempt from the fence height limitations: public
tennis courts, baseball fields, and other similar public recreation uses.
16.6 Mechanical Equipment
All rooftop or other mechanical equipment including electronic equipment, all types of
vents and all public utilities on all non-residential buildings, shall be completely
screened or camouflaged, unless otherwise provided in the approved FDP.
16.7 Signage
All signs shall be controlled by the Firestone Sign Code, unless otherwise provided in
the approved ODP or FDP. Notwithstanding the foregoing, Homeowners Association
(HOA) signs and banners are permitted subject to the following:
1. Signs and banners shall be informational only and generally provide
information to the residents of the HOA community about upcoming
HOA meetings or events organized by the HOA.
2. Signs and banners may be located only on HOA-owned property or
HOA-owned improvements within the community.
3. No such signs or banners shall be placed on public property or placed in
a public right-of-way.
4. No such sign or banner shall be attached to any utility pole, utility box or
other public facility located within a median area which separates
vehicular traffic lanes, or otherwise placed in a manner that creates a
hazard for automobiles or pedestrian traffic.
16.8 Off-street Parking Requirements
All off-street parking shall meet the following provisions and meet any additional
standards of the Town, as appropriate:
A. No parking shall be permitted at any other place than in the paved parking
spaces provided. On-street parking shall be prohibited, except as approved for
R land use categories.
B. Required off-street parking shall be provided by each lessee, owner, or tenant
for employees, customers and visitors for the uses appropriate to that use and
area. The specific amount required shall at the time of FDP. Such amount shall
not exceed the requirements for similar zone districts and should be determined
in relation to the operational characteristics of the use, including the number of
employees.
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C. All required spaces are to be on the same property as the specific use, with the
exception of mutually compatible shared uses, as approved at the time of the
FDP.
D. Generally, the minimum number of off-street parking spaces shall be as follows,
as further defined at the time of FDP:
1. R-A, two off street spaces for each dwelling unit;
2. R-B, two off street spaces for each dwelling unit;
3. R-C, two and one-quarter off-street space for each dwelling unit;
4. Churches, hospitals, offices, etc., one space for every one hundred
square feet of floor space.
5. Handicapped spaces shall be provided as required by applicable federal
law, including the Americans with Disabilities Act.
E. All off-street parking, access drives, and loading areas shall have an approved
edge treatment around the entire perimeter, and shall be paved and properly
graded to assure proper drainage.
F. All curb cuts and driveway access locations are to be approved for both size
and location by the Engineer.
G. All landscaped areas within parking lots shall be the maintained by the property
owner or designated association.
H. No motor vehicle may be parked in the front yard or side yard of a residential lot
except as specified in the Town Code.
I. For fireworks stands located in parking lots, the limitations on parking lot
coverage set forth in Section 9.16.070.E.8.i of the Firestone Municipal Code
shall apply.
The use of vehicles, motorized or non-motorized, such as trucks, trailers, and semi-
tractors and trailers, for storage or warehouse purposes, is prohibited for periods of
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more than 24 hours, unless within an approved storage area identified on the approved
FDP. The only permitted exceptions to this provision shall be vehicles used on
construction sites.
All off-street parking spaces and access drives shall be improved with an asphalt,
concrete or equivalent surface (except AG, OS or CN, as approved) and shall be
graded and drained in order to dispose of all surface water accumulation within the
parking area. A concrete drain pan (or storm sewer) should be used to carry
accumulated water runoff and must be used in publicly maintained areas such as alleys.
All loading dock areas shall be placed out of sight, so as not to be viewed directly from
an arterial, highway or freeway or from residentially zoned property. If the sight distance
to the loading area from such roadway or the residential area is greater than 1,000-feet
this standard may be waived.
All parking areas shall be landscaped as described herein.
16.9 Circulation
All circulation systems shall meet the following provisions:
16.9.1 Transportation Planning Standards
The following transportation planning and vehicular access standards shall be adhered
to in the development of vehicular circulation systems.
A. Vehicular access to other streets from off-street parking and service areas shall
be combined, limited, located, designed and controlled to channel traffic to and
from such areas conveniently and safely in a manner which minimizes marginal
traffic conflicts and promotes free traffic movement on streets without excessive
interruptions.
B. Principal vehicular access points shall be designed to permit smooth traffic
movement with controlled turning movements and minimum hazards to
vehicular or pedestrian traffic.
C. All private roadway construction plans shall be approved by the traffic engineer.
Where access for fire protection is required, a minimum of twenty (20) feet is
required for the drive lane.
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D. The maximum length of a cul-de-sac is 550-feet from centerline of roadway to
centerline of the cul-de-sac. The length of a cul-de-sac shall comply with the
Uniform Fire Code as adopted by the Town.
E. In residential areas, cul-de-sacs shall be a minimum of 40-feet at the right-of-
way line and 50-feet for homes with 3-car garages.
F. Sidewalks along local streets shall have a minimum of 4.5 feet of flat sidewalk
width.
G. Roadways shall intersect one another at right angles or as nearly at right
angles as topography and other limiting factors permit.
H. The open view of all parking areas shall be reduced by berming and
landscaping.
16.10 Typical Roadway Sections
All typical right-of way sections shall meet the requirements as described in the Town of
Firestone Design Criteria and Construction Specifications Manual and as shown below:
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16.11 Non-motorized Circulation
The following general non-motorized circulation planning guidelines shall govern
development of non-motorized circulation systems within the Firestone Urban Growth
Area:
A. Access for non-motorized vehicles shall be arranged to provide safe,
convenient routes, and need not be limited to the vehicular access points.
B. When non-motorized vehicle access points do not occur at street intersections,
they shall be marked and controlled.
C. Bicycle and/or equestrian paths, if provided and practical, shall be related to the
pedestrian way system so that street crossings are combined.
D. Walkways shall form a logical, safe and convenient system for pedestrian
access to all dwelling units and to all project facilities and off-site destinations
likely to attract substantial pedestrian traffic.
E. Walkways to be used by substantial numbers of children as play areas or
routes to principal destinations shall be located and safeguarded to minimize
contacts with normal automobile traffic.
F. Walkways in urban areas shall be developed in the following hierarchy based
on anticipated use: 10-foot concrete, 8-foot concrete or 6-foot concrete. For
very short distances a 4-foot concrete walkway is acceptable. Andisite surface
is acceptable along non-urbanized areas provided it meets ADA requirements.
G. Major developments should have a continuous trail plan within the property and
connecting to external properties and other identified trail corridors.
H. All walkways shall meet ADA requirements.
16.12 Landscaping
The following standards shall be adhered to for all landscaping in the PUD area. In no
event may landscaping improvements be installed in any vacant lot unless it has been
identified in the approved FDP regardless of the land use category. In all residential
land use categories, no landscaping improvements may be installed prior to the primary
building permit issuance.
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16.12.1 Design
All landscaped areas, except those to be left in a natural condition, shall be developed
only in accordance with a plan submitted and approved. If an area is intended to be left
in a natural landscaped condition, an irrigation system must be installed to enhance the
growing season of the area and an irrigation plan for that area must be submitted and
approved. All areas having grass or ground cover shall be irrigated. Any native grasses
or ornamental grasses are subject to height provisions as approved by the Town
Planner. The maximum height of native grasses in approved open space areas shall not
exceed 18 inches.
16.12.2 Materials
Landscape construction and plant materials shall be as approved by the Town Planner.
In an effort to conserve water, xeriscape plant materials and horticultural techniques
may be used, if appropriate for the unique semi-arid climate of the Firestone area.
Typical standard plant material tree size shall be 2-inch caliper (as measured 4-feet off
the ground). Typical standard for shrub planting shall be 5-gallon.
16.12.3 Irrigation
The following irrigation design standards shall control, as appropriate:
A. Design precautions shall be taken to minimize direct overspray from sprinklers
onto wood, brick or other fences that are easily stained by such spray.
B. Irrigation of plant material located within landscaped medians shall be of a drip
or a low volume sprinkler type to avoid nuisance water on roadways that often
occurs when higher volume sprinkler heads are used. If for some reason drip or
a low volume sprinkler type is not practical to construct then numerous short
duration water cycles should be specified to allowing enough time between
cycles for water percolation, reducing runoff from quickly saturated soil.
C. Each irrigation system for a private residential lot or commercial landscape area
shall include an automatic electromechanical interrupt which engages to
interrupt the irrigation system during a rainfall event. Such device shall be a
Hunter model Rain-Clik or similar device approved by the department of public
works. The installation of such device shall be a condition of the issuance of the
tap serving the irrigation system, and installation shall be completed prior to
commencing use of the tap.
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D. Each irrigation system for a public or private park or open space area shall
include an automatic electromechanical interrupt which engages to interrupt the
irrigation system during a rainfall event or during wind speeds in excess of 10
mph. Such device shall be a Hunter model Rain- Clik or similar device
approved by the department of public works. The installation of such device
shall be a condition of the issuance of the tap serving the irrigation system, and
installation shall be completed prior to commencing use of the tap.
16.12.4 Roadway Right-of-Ways
Detailed landscaped plans for roadway right-of-way landscaping shall be submitted with
roadway improvement plans and approved. It is intended that the landscaping indicated
on the typical roadway sections shall be continuous, with the reasonable spacing of
landscape materials as approved by the Town Planner.
All disturbed areas associated with road construction will be revegetated with plant
material of similar character and intensity as the adjacent undisturbed areas.
16.12.5 Sales Trailers
All sales trailers shall have an approved landscape plan.
16.12.6 Construction Trailers
All construction trailers shall have an approved site plan approved by the Town Planner.
16.12.7 Landscape Border Areas and Minimum Building Setback Areas
All landscape border areas, with the exception of driveways, sidewalks and other
walkways shall be used exclusively for the planting and growing of trees, shrubs, lawns,
and other ground covering or approved material. However, eaves, architectural
projections, fireplaces, sidewalks, and patios will be allowed within these border areas,
pursuant to Uniform Fire Code specifications.
16.12.8 Single Family Residential Landscape Standards
The following are specific landscaping standards for single-family residential
development.
A. Shrubs and ground cover plantings shall comprise no less than ten percent of the
landscaped area of the front yard. This requirement may be waived or reduced
by the Town Board if it determines that such a requirement would be
inappropriate because of the size of the lots, for potable water conservation
reasons, or as shown on an approved FDP.
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B. For any new subdivision filing, there shall be a minimum of one tree of 2-inch
caliper for each dwelling planted within the front yard of the dwelling. This
requirement may be waived or reduced by the Town Board if it determines that
such a requirement would be inappropriate based on the submitted landscape
theme, for potable water conservation reasons, or as specified in an approved
FDP.
C. For any new subdivision filing, as developed, front lawn areas shall be installed
as seed or sod in the front yard. Sod must be installed prior to the Town issuing a
certificate of occupancy, and if seed is used rather than sod, then the seed must
be significantly established prior to the Town issuing a certificate of occupancy.
However, a certificate of occupancy may be issued by the Town prior to the seed
being significantly established if an automatic sprinkler system has been installed
with an electronic timer. Further, if weather conditions do not allow for installation
of sod or the significant establishment of seed at the time a certificate of
occupancy could otherwise be issued, then the Town Planner or the building
official may grant an extension, not to exceed one hundred eighty days, for the
sod to be installed or seed to be significantly established. These requirements
may be waived or reduced by the Town Board if it determines that such a
requirement would be inappropriate based on relevant considerations including,
but not limited to, the size of the lots or potable water conservation reasons.
D. All front and rear yards of single-family residential developments shall be
irrigated and seeded with bluegrass turf seed.
E. Landscape improvements shall not commence on any lot prior to actual
construction of the residential unit unless approved, in writing by the Town
Planner.
16.12.9 Open Storage and Parking Lot Screening
The open view of all parking areas shall be reduced by berming and landscaping.
16.12.10 Parking Lots
There shall be an internal landscape minimum of seven percent (7%) of landscaping
within all parking lot areas. “Parking lots” do not include adjoining areas. The required
landscape area shall be distributed throughout the parking lot in order to prevent large
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expanses of unbroken parking lot pavement. Plant materials in parking lots shall be
irrigated.
16.13 Park Land Dedication
A minimum of ten percent (10%) of the total land being subdivided by a Final Plat shall
be dedicated to the Town for park or public space development. This property may also
be used for shallow detention ponds, if approved by the Town. The Town at its option
may accept cash-in-lieu rather than land dedication. The Town may typically accept
cash-in-lieu payments (or partial payments) for larger retail commercial projects, where
“neighborhood parks” are not typically needed.
16.14 Park and Trails Development
Park locations should generally be centrally located within development area or be
located to enhance adjoining park areas. Trials should generally be provided in all
developments to provide for pedestrian circulation and connections to park and open
space areas.
For any development where it is determined that a neighborhood (or smaller) park is
required, then it shall be the responsibility of the developer to submit a landscape
design for such area at time of PDP and FDP processing. The developer then shall
construct the park pursuant to that plan. The Town’s typical park details are shown in
Exhibit Y. These details need to be incorporated into such design unless otherwise
approved during the FDP process. The developer also needs to provide all necessary
raw water rights for any park or irrigated open area shown on the FDP.
16.15 Utilities
All electrical utility lines shall be placed underground, except as follows:
A. All facilities reasonably necessary to connect underground facilities to existing
or permitted overhead or over-ground facilities, including, transformers,
switching boxes, terminal boxes, meter cabinets, pedestals, ducts and other
facilities.
B. Street lighting facilities may be placed above ground within the utility easement
provided, or within the street or other public place as appropriate.
C. In extreme physical conditions such as shallow bedrock and extreme slopes.
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D. All uses will be served by public water and sewer service. However, in portions
of the R-A land use category, individual septics may be allowed in limited
areas, if approved at the time of Final Development Plan and by the appropriate
Sanitation District. Such approval shall only apply to residential lots that are 2
acres or greater in size.
16.15.1 Traffic Control Devices
Traffic signals shall be supported by mast arm or bridge structures only; span wire
support systems are not permitted.
16.15.2 Street and Parking Lot Lighting
Street and parking lot lighting shall be downcast to reduce side glare. Street lighting
shall be consistent with the Town’s adopted criteria. Residential address signs should
be clearly visible at night.
16.15.3 Grading and Building Siting
Grading within the Firestone Urban Growth Area shall be as follows:
A. Whenever possible graded areas shall be kept to a minimum to reduce impacts
on the surrounding environment.
B. Whenever possible architectural solutions shall be implemented to reduce
grading impacts
C. Necessary grading shall result in curved and undulating contours, to create a
rolling, natural appearance. Sharp or squared contours will be minimized.
D. Grading within natural drainage areas shall receive special consideration.
Typically, the only grading in natural drainage areas will be for drainage
detention facilities, active open space uses and for roadways.
E. Once graded, areas shall be revegetated within one year, based on a
landscape plan approved at the time of Final Development Plan.
F. Significant rock outcrops, shall be designated at the time of zoning or Final
Development Plan as an area that will not be disturbed.
16.16 Floodplains, Hazard Areas and the Natural Environment
The following standards are applicable to all land use categories as appropriate:
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16.16.1 Floodplains
100-year floodplains will only be used for open space or other approved purposes.
16.16.2 Wildfire Areas
No structures will be allowed in a wildfire hazard area (as defined by the State Forest
Service, excluding grass lands) unless a hazard mitigation plan, reviewed by the State
Forest Service, has been approved.
16.16.3 Geologic Hazards and Features
No structures will be allowed in a geologic hazard area unless a mitigation plan has
been approved.
16.16.4 Wildlife and Biology
Wildlife movement corridors or areas of significant biological activity shall be identified.
Any approved development plan shall provide provisions to protect these areas or
ensure that any significant adverse impacts are mitigated.
16.16.5 Aquifer Recharge Zones
Any area providing groundwater recharge to bedrock aquifers shall be identified. The
total amount of recharge, naturally occurring, shall be maintained.
16.17 Residential Architectural and Site Planning Standards
In addition to the overall standards noted in Section 16.0, the following standards and
guidelines shall apply or be addressed relative to residential development in Firestone.
16.18 Single and Multi-Family Developments
A. Single-family residential dwelling units shall have their driveways access the local
street to which the building fronts.
B. For portions of developments that front on arterial roadways, the adjoining single-
family lots shall typically be one-half acre or larger in size.
16.19 Residential Architectural and Site Planning Guidelines
In addition to the overall standards noted in Section 16.0, the following standards and
guidelines shall apply or be addressed relative to residential development in Firestone.
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16.19.1 Single and Multi-Family Developments
A. Residential developments should exhibit a strong sense of "community" in their
development theme.
B. Open areas should be strategically placed within the development to provide ease of
access to all local residents.
C. In addition to required neighborhood parks, internal common open areas should include
such items as tot lots, sand volleyball courts, and shelters.
D. For larger developments, a community swimming pool and clubhouse should be
considered.
E. Whenever possible, expand the use of natural appearing materials such as rock and
brick over the minimums required.
F. Necessary trash containers and utility devices, such as air condition units, should be
screened or camouflaged. Consider plant material for screening.
G. Consider wind direction in the location of mailbox facilities. Mailbox facilities should be
covered if reasonably possible.
H. On paved walkways, consider using red accent paint to highlight changes in elevation
(e.g. steps), as appropriate.
I. Wrought iron is an architectural feature that can add texture to a development.
J. Consider a unique color for roofs as an architectural enhancement.
K. Covered project entries can add a unique appeal to a development.
L. Staggered fronts of homes on straight streets to avoid a “row” look.
M. Consider arching the top of windows or other architectural features to “break up”
the “square look” of the windows and associated architecture. Windows with
paned sections (even if they are “fake” panes) also help in this respect.
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N. Each dwelling unit must have the applicable minimum lot area. For PUD districts,
such minimum lot area must be as specified in the approved FDP.
16.19.2 Single Family Developments
A. Carefully consider the location of walkout units to avoid the problem of a “wall
effect” of the 3-story elevations.
B. On corner lots, the yard on all street frontages must meet minimum standards for
front yards in the pertinent zone. For PUD districts, such minimum lot area must
be as specified in the approved FDP.
C. All residential dwellings shall be oriented on the lot such that a side with a length
that is at least eighty percent the length of the longest side of the dwelling
predominately faces the local street providing access to the lot. The length of any
side does include the length of any attached garage. In all cases the front door of
the dwelling shall be located in the closest portion of the dwelling that
predominately faces the local street. For corner lots, this provision only applies to
the local street providing direct driveway access. These requirements may be
waived or modified with respect to land-leased manufactured housing
developments within a PUD district, provided such waiver or modification is
warranted by virtue of innovative design and amenities incorporated in the
development plan.
16.19.3 Multi-Family Developments
A. Private drives should be wide enough to accommodate traffic; however, they
should be narrow enough to discourage speeding. Center drainage pans can
work well to assist in traffic speed because of the somewhat uneven travel
surface they create. Designing such drives in a curvilinear fashion should also
help to discourage speeding.
B. Provide looped private drives when appropriate.
C. Adequate parking must be provided. Specifically, account for additional “event”
traffic for groups of individual residents.
D. “Break-up” the visual impacts of large expanses of paved areas with landscaping
and trees.
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E. Where appropriate, multiple wall planes should be used to assist in reducing the
visual impact of larger buildings.
F. Consider wind direction in the location of trash enclosures and use similar or
complementary colors and materials as the primary building(s).
G. Two stories should be the maximum building height, unless setbacks are
significantly expanded to accommodate for the scale of taller and larger
buildings.
H. The use of storage lockers next to garage complexes can be a useful way to
accommodate the need for additional storage for residents.
16.20 Minimum Design Standards Utilizing Crime Prevention Through
Environmental Design
In addition to the overall standards noted in Section 16.0, the following standards and
guidelines shall apply or be addressed relative to development in Firestone.
16.20.1 Multi-Family Developments:
A. Private spaces such as courtyards, stairwells and parking bays should be clearly
identified to reduce use by undesirable users. Strategies may include the use of
pavers, varied textured paths, fencing, landscaping and others.
B. Accommodation units should be designed to allow people within the units to
observe and monitor communal areas within the development.
C. Areas requiring lighting should include driveways, property entrances, parking
areas, footpaths, communal service areas, lobbies and stairwells. Lighting should
be illuminating in hours of darkness or should be sensor/movement sensitive.
Lighting shall be in accordance to Firestone’s lighting standards.
D. Parking lots
1. Visitor parking should be designated
2. Parking areas should be visible from windows and doors.
E. Addressing for individual units:
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1. Each building entrance (front and back side) shall display apartment
numbers no smaller than three inches in height that will be visible from the
parking lot. The display will need to be well lit for night- time viewing. If
one side of the building faces a green belt, than only the side that is
accessible needs to have signage.
2. Individual units shall display address numbers no smaller than 2 inches in
height.
F. Fencing
1. Wrought iron or open lattice vinyl fencing material shall be used along the
property line. Cedar fencing is prohibited.
G. Exterior doors
1. 180 Degree peepholes
2. Two inch screws on striker plate
3. Deadbolts with 11/2 inch throw
4. Additional locking devices on all first level sliding glass doors. Examples of
this would be a pinhole lock or a Charlie Bar lock.
H. Trash Enclosures
1. Wrought iron or vinyl fencing material shall be used to enclose trash,
material such as brick or building material other than cedar fencing may
be used.
2. Trash enclosures should be locked during non-business hours.
16.20.2 Automobile Parking Facilities
A. Landscaping/vegetation suitable to enhance safety while removing reasons for
loitering.
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B. Paths between buildings and car parks should be well lit and obvious to ensure
safe pedestrian access.
C. Lighting utilized in car parks should be accordance with Firestone’s lighting
standards.
D. Car parks should be sited to permit maximum opportunities for surveillance from
both users of the current development and passers-by.
E. Where possible, large car parks should be avoided except where good
surveillance is possible. Where large car parks are unavoidable, remedial
measures to avoid isolation and fear should be considered, such as, public
telephones, surveillance equipment or security patrols etc. The planning of
multiple smaller car parks is often preferable.
F. Multi-level car parks should be designed to permit maximum natural surveillance,
access control and illumination. A suggestion to accomplish this would be to
utilize cable railing in place of concrete retaining walls.
G. Good signage on paths between buildings and car parks to assist people to
buildings and car parks.
H. When possible, parking spaces should be designated to identify employee’s
verses visitors.
16.20.3 Commercial Property
A. Differentiate private areas from public spaces to discourage trespass by potential
offenders.
B. Toilet facilities should be sited in the most convenient and accessible location to
increase use.
C. Entrances into toilet facilities should be located so as to permit monitoring by
intended users, such as reception desk staff, passing motorist etc.
D. Entrances into toilet facilities should be designed as a maze entry rather than
double doors.
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E. Addressing on individual buildings should be visible from the parking lot or street
with numbers no smaller than 3 inches in height. The address should be well lit
for nighttime viewing.
F. Provide both front and rear vehicle access, when appropriate, to facilitate police
patrol surveillance.
G. Provide public telephones with dial free connections to emergency services at
strategic locations to encourage/enable people to report crimes rapidly.
H. Public telephones should be located away from the building and well lit to
encourage natural surveillance from employees and customers.
I. Large signs and other obstructions should be removed from storefront windows
to enhance surveillance.
J. Provide tall and/or specially protected vandal resistant outdoor lighting fixtures.
K. Wrought iron or open lattice vinyl fencing shall be used along property line and
trash enclosures. Cedar fencing is not permitted.
L. Landscaping suitable to enhance safety while removing reasons for loitering.
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17.0 Operational Standards
The following is a collection of general standards that are applicable to all land use
areas.
17.1 Intent
It is the intent of this section to specifically state standards that prevent land or buildings
subject to these Regulations from being used or occupied in any manner so as to create
any dangerous, injurious, noxious or otherwise objectionable effect in a manner or
amount which adversely impacts the surrounding area.
17.2 Vibration
No vibration shall be produced which is transmitted through the ground and is
discernible without the aid of instruments at any point beyond the lot line.
17.3 Air Pollution
There shall not be discharged into the atmosphere any contaminant for which threshold
limit values are listed for working atmosphere by the American Conference of
Governmental Industrial Hygienists in such quantity that the concentration of the
contaminant at ground level at any point beyond the boundary of the property shall at
any time exceed the threshold limit.
Visible emissions of any kind at ground level past the lot line of the property on which
the source of the emissions is located are prohibited.
17.4 Materials Handling
No person shall cause or permit any materials to be handled, transported, or stored in a
manner which allows or may allow particulate matter to become airborne or liquid matter
to drain onto or into the ground.
17.5 Odors
Any condition or operation which results in the creation of odors or gaseous emissions
of such intensity and character as to be detrimental to the health and welfare of the
public or which interferes unreasonably with the comfort of the public shall be removed,
stopped or so modified as to remove the odor.
17.6 Electromagnetic Radiation
It shall be unlawful to operate, or cause to be operated, any planned or intentional
source of electromagnetic radiation for such purposes as communication,
experimentation, entertainment, broadcasting, heating, navigation, therapy, vehicle
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velocity measurement, weather survey, aircraft detection, topographical survey,
personal pleasure, or any other use directly or indirectly associated with these purposes
which does not comply with the then current regulations of the Federal Communications
Commission regarding such sources of electromagnetic radiation, except that for all
governmental communications facilities, governmental agencies and government
owned plants, the regulations of the interdepartmental Radio Advisory Committee shall
take precedence over the regulations of the Federal Communications Commission,
regarding such sources of electromagnetic radiation.
17.7 Fire and Explosion
In all non-residential areas in which the storage, use, or manufacture of blasting agents,
combustible fibers, combustible liquids and compressed gas is permitted, the
requirements set forth in adopted building and Uniform Fire Codes must be met.
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18.0 Conditional Use Permits
Conditional use permit processing shall be generally consistent with the submittal
requirements and the review and approval procedures of a PDP and an FDP, and a
PDP and an FDP for any such use shall be approved prior to commencement of such
use. The PDP requirement shall be waived if the proposed special use is to be
commenced within an existing structure for which structural alterations are not
proposed. The Applicant shall provide any additional information that may be required
by the Town Planner or the Town Engineer, including any items listed in Section
17.32.020 of the Town Code if not otherwise required by these regulations. This section
particularly specifies standards for conditional uses such as borrow pits, oil and gas
production, mining and reservoir construction. In addition to these standards, permits or
approvals may be required by the County or Town or other governmental agencies and
shall be obtained prior to engaging in any conditional use. All conditional uses shall
conform to the development standards specified herein, unless otherwise noted.
18.1 Pre-Application Submittal Conference
A pre-application submittal conference shall be held pursuant to Section 2.2 above. At
this meeting Town Staff will further clarify the submittal requirements based on the type
of conditional use requested.
18.2 Development Application
A Development Application Form shall be submitted pursuant to Section 2.5 above. The
Development Application has a signature block that notes the applicant has read
pertinent sections of these Development Regulations.
18.3 Cost Agreement and Funds Deposit Agreement
A Cost Agreement and Funds Deposit Agreement shall accompany the development
application. These agreements are described in Section 2.4 and the standard format for
these documents is shown in Exhibit G.
18.4 Vicinity Map
A vicinity map shall to be prepared at a scale no smaller than 1-inch to 1,200-feet
showing the parcel location and bordering streets within one-half mile. The map shall
also show the existing limits of the Town of Firestone. The map shall be prepared on an
8.5-inch by 11-inch sheet of paper.
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18.5 Title Commitment
The Applicant shall submit a current Title Commitment for the Property, dated no later
than one month prior to the final Town Board hearing date. The applicant shall provide
endorsements updating the effective date as requested by the Town.
18.6 Tax Certificate
The Applicant shall submit a current Weld County Tax Certificate for the Property.
18.7 Water Rights Questionnaire
A Water Rights Questionnaire (Exhibit L) must accompany a development application.
18.8 Borrow Pit
Except under the following instances, borrowing may not be done without obtaining a
permit from the Town, as appropriate.
A. Minor projects which have cuts or fills each of which is less than 5-feet in
vertical depth at its deepest point measured from the existing ground surface,
which include all of the following: a) less than 50 cubic yards of earth material;
b) the removal of less than 10,000 square feet of vegetation.
B. Minimum excavation required in connection with a building or other structure
authorized by a valid building permit
C. Grading work being done pursuant to an approved grading plan in conjunction
with an approved recorded plat or overlot grading plan being done on the same
property
D. Trenching incidental to the construction and installation of approved
underground pipeline, septic tank, disposal lines, electrical or communication
facilities, and drilling or excavation for approved wells or fence posts
E. Grading or excavation in accordance with plans incorporated in an approved
mining permit, reclamation plan, or reservoir permit
F. Maintenance and cleaning of ditches, lakes, ponds, and water storage
reservoirs
G. No processing, crushing, or similar treatment of earth material may occur on
the borrow pit site.
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18.9 Review Criteria
The review and approval of a conditional use shall be based upon the conditions and
standards for approval of an FDP, as provided in Section 17.22.080 of the Town Code,
and the additional criteria set forth in Section 17.32.030 of the Town Code.
18.10 Mining
Mining is a mechanism allowing for extraction of sand, gravel, and clay, including
attendant operations such as crushing and stockpiling. Quarrying of hard rock
aggregate is generally prohibited. Mining operations, crushing and stockpiling are
allowed within any land use category, as approved. Mining equipment shall be
considered mechanical equipment; however, it will not be subject to the screening or
camouflaging requirements herein. It shall, however, be subject to the following
requirements:
A. All mining equipment and operations areas must be screened from the sight of
adjacent properties or right-of-way by the use of berms or by other equivalent
means.
B. All Mining equipment shall be located behind building setback lines.
C. Mining equipment shall not exceed 35-feet in vertical height unless totally
screened.
D. All access roads longer that 100-feet used for ingress and egress from the
public roadway to the area of mining operations shall be paved to the standard
for local roadways and shall be maintained to minimize fugitive dust generated
by vehicles.
E. Any required State Highway Access Permits shall be obtained prior to any
mining operation.
F. Any necessary traffic improvements, identified through any requirement of the
Town or County (as appropriate) that is needed for safety and proper circulation
shall be constructed. Mining activity traffic will not lower the level of service of
the public roadway providing access lower than level of service "B".
G. All mining activities shall meet applicable air quality standards as set by the
Colorado Air Quality Control Commission.
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H. Mining structures and equipment shall be prohibited in the same locations as is
outdoor storage. All mining operations shall be at least 200-feet from the
property line.
I. No open pit mine shall be deeper than 200-feet. No reclaimed open pit mine
shall be left deeper than 100-feet.
J. Mining, processing, or transporting operations shall be within the time limits of
6:00 AM to 6:00 PM, except for Sunday when such activity shall be prohibited.
Maintenance operations shall not be subject to this provision.
K. The use of explosives is subject to all State and Federal standards and
restricted to a maximum of five days per calendar year.
L. Mining and all associated activities and uses must meet State of Colorado
residential noise standards regarding noise pollution.
M. All reclaimed slopes shall not exceed 3H:1V. A diverse permanent vegetative
cover shall be established on all disturbed areas to achieve erosion control
equal to conditions prior to mining. The cover shall be predominantly of native
species.
N. Sediment caused by accelerated soil erosion shall be removed from runoff
water before leaving the site. Runoff shall not be discharged from the site in
quantities or at velocities above those occurring before mining.
18.11 Reservoir Construction
Open mining operations, crushing and stockpiling are permitted within any land use
category for the purpose of creating a reservoir. The standards specified for reservoir
construction are the same as those for mining with the exception that there is no depth
limitation and the finished grades will be the same as the standards specified by the
State of Colorado for reservoirs. Any reservoir must be approved by the Town Engineer.
18.12 Oil and Gas Production
Oil and gas development shall comply with Chapter 15.48 of the Town Code.
Firestone
Development Regulations
May 2013 (TB Resolution No. 13-22)
212
19.0 Building Permit Process
The following information generally describes the building permit process within the
Town of Firestone. Please contact the Planning Coordinator for additional information.
19.1 Building Permit
No building permit shall be issued on land within the Town until a FDP and Final Plat as
applicable for the development or for any phase, lot, or tract of that development have
been approved by the Town Board of Trustees and signed by the Mayor and recorded
in the office of the Weld County clerk and recorder.
19.2 Certificate of Occupancy
The Building Official shall issue a Final Certificate of Occupancy for a completed
building or structure located in an area covered by the approved or amended FDP or
Final plat only if the completed building or structure conforms to the requirements of the
approved or amended FDP and all other applicable codes, ordinances, regulations and
agreements. Approval of any plan or other document by any Town official, which is in
conflict with the approved or amended FDP, shall not constitute a waiver by the Town of
any portion of the approved or amended FDP, nor shall the Town be stopped from
enforcing any provision or requirement of the approved or amended FDP.