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ORDINANCE NO. 195
IN THE MATTER OF ADOPTING AN INTERIM COORDINATED PLANNING AGREEMENT
AMONG THE COUNTY OF WELD, CITY OF DACONO, TOWN OF FIRESTONE, AND TOWN
OF FREDERICK
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with
the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, Title 29, Article 20, CRS, authorizes and encourages local governments to
cooperate and contract with each other for the purpose of planning and regulating the
development of land by the joint and coordinated exercise of planning, zoning, subdivisions,
building, and related regulatory powers, and
WHEREAS, existing and anticipated pressures for growth and development in areas
surrounding the City of Dacono, Town of Firestone, and Town of Frederick indicate that the joint
and coordinated exercise by the County of Weld and said municipalities of their respective
planning, zoning, subdivision, building and related regulatory powers in such areas will best
promote the objectives stated in this ordinance, and
WHEREAS, the Weld County Comprehensive Plan, as amended, contemplates the
creation of such agreements, and
WHEREAS, the attached Interim Coordinated Planning Agreement has been considered
and approved by said municipalities,
NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of the
County of Weld, State of Colorado, that the attached Interim Coordinated Planning Agreement
among the County of Weld, City of Dacono, Town of Firestone, and Town of Frederick, which
shall be incorporated by this reference, is and shall be approved.
BE IT FURTHER ORDAINED by the Board that the Chair is authorized to sign the
attached Interim Coordinated Planning Agreement.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
i %L-/4; uctcorta; Frer/t icK; /VTL6iay)e 970288
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Weld County CO TA .Saki TL4ukamoto Clerk Reenrder 0.00
RE: ORDINANCE NO. 195
PAGE 2
The above and foregoing Ordinance Number 195 was, on motion duly made and
seconded, adopted by the following vote on the 24th day of March, A. D., 1997.
ATTEST:
Weld County Cler
BY.
Deputy Cler to the Boar
APP
AS TO
A"orn�
BOARD OF COUNTY COMMISSIONERS
WELOUNTY, COLORADO
Georg E. Baxter, Chair
r �
stance L. Harb=r, Pr.-Tem
Dale K. Hall
Barbara J. Kirkmeyer
W. H. ebster
First Reading: February 19, 1997
Publication: February 27, 1997, in the South Weld Sun
Second Reading: March 10, 1997
Publication: March 13, 1997, in the South Weld Sun
Final Reading: March 24, 1997
Publication: March 27, 1997, in the South Weld Sun
Effective: March 31, 1997
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970288
ORD195
b/
December 10, 1996a
INTERIM COORDINATED PLANNING AGREEMENT
This Interim Coordinated Planning Agreement is made and
entered into between the BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, State of Colorado, hereinafter called the "COUNTY,"
the CITY OF DACONO, a Colorado municipal corporation, the TOWN OF
FIRESTONE, a Colorado municipal corporation, and the TOWN OF
FREDERICK, COLORADO, a Colorado municipal corporation, hereinafter
called individually "MUNICIPALITY" and collectively the
"MUNICIPALITIES".
RECITALS
A. The COUNTY exercises governmental authority regulating
land use, growth, and development in its unincorporated areas,
which areas include lands surrounding each MUNICIPALITY; and
B. Each of the MUNICIPALITIES exercises governmental
authority over the same matters within its municipal boundaries,
including annexations, and is able to provide certain municipal
services and facilities for efficient and desirable urban
development; and
C. In Title 29, Article 20, Colorado Revised Statutes, the
General Assembly of the State of Colorado has granted broad
authority to local governments to plan for and regulate the
development and use of land within their respective jurisdictions;
and
D. In said Title 29, Article 20, Colorado Revised Statutes,
the General Assembly has further authorized and encouraged local
governments to cooperate and contract with each other for the
purpose of planning and regulating the development of land by the
joint and coordinated exercise of planning, zoning, subdivisions,
building, and related regulatory powers; and
E. Existing and anticipated pressures for growth and
development in areas surrounding each MUNICIPALITY indicate that
the joint and coordinated exercise by the COUNTY and each
MUNICIPALITY of their respective planning, zoning, subdivision,
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DOC 970288
December 10, 1996a
building and related regulatory powers in such areas will best
promote the objectives stated in this Agreement.
NOW THEREFORE, for and in consideration of the mutual promises
and undertakings herein set forth, the parties agree as follows:
1.0 PURPOSES AND OBJECTIVES. The purpose of this Agreement
is to establish procedures and standards pursuant to which the
parties will move toward greater coordination in the exercise of
their land use and related regulatory powers within the
unincorporated areas surrounding each MUNICIPALITY. The objectives
of such efforts are to accomplish the types of development in such
areas which best protect the health, safety, prosperity, and
general welfare of the inhabitants thereof by reducing the waste of
physical, financial, and human resources which result from either
excessive congestion or excessive scattering of population, and to
achieve maximum efficiency and economy in the process of
development.
2.0 DEFINITIONS. For the purposes of this Agreement the
following terms shall be defined as set forth
2.1 Development. Any land use requiring regulatory approval
by the elected governing body of the applicable party in the
Urban Growth Area except for an amendment to a plat or a down -
zoning, neither of which creates any additional lots and
except for a Subdivision Exemption
2.2 Non -Urban Development. Land uses which typically do not
require services such as central water and sewer systems, road
networks, park and recreation services, storm drainage, and
the like, and which are generally considered to be rural in
nature, expressly including land used or capable of being used
for agricultural production and including developments which
combine clustered residential uses and agricultural uses in a
manner that the agricultural lands are suitable for farming
and ranching operations for the next forty years.
2.3 Recorded Exemption. The division of one lot into two
or three lots pursuant to § § 11.2 and 11.9 of the Weld County
Subdivision Ordinance.
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2.4 Southern Weld Planning Area. The area located
outside of, but within three miles of, each MUNICIPALITY's
respective municipal boundaries as of the effective date of
this agreement.
2.5 Subdivision Exemption. The division of one parcel or
interest in one parcel which does not result in the creation
of a new residential or permanent building site, for
adjustment of property lines between two contiguous parcels,
creation of lots for financing purposes, or for the temporary
use of a parcel for public utility facilities pursuant to §
11.11.1 of the Weld County Subdivision Ordinance.
2.6 Urban Development. Development which is
characterized by development density typical to urbanized
areas and requires services such as central water and sewer
systems, road networks, park and recreation facilities and
programs, storm drainage, and other similar services which are
typically furnished by municipalities.
2.7 Urban Growth Area. All lands within the Southern
Weld Planning Area which, as of the effective date of this
Agreement, are not located within the boundaries of any of the
MUNICIPALITIES, but are defined within a MUNICIPALITY's
comprehensive plan as being within that MUNICIPALITY's Urban
Growth Area. (See attached Exhibit B, map)
3.0 DEVELOPMENT OF SOUTHERN WELD AREA LAND USE PLAN.
3.1 Promptly upon the execution of this Agreement the
parties will begin good faith negotiations to develop a
comprehensive development plan authorized by C.R.S. §29-20-
105, and herein called the "Plan." Such Plan will govern all
land use decisions in the Urban Growth Area and will contain,
at a minimum, the following: (i) specific land use standards
for each MUNICIPALITY's Urban Growth Area (ii) procedures for
COUNTY coordination with each MUNICIPALITY in the review and
approval process for proposed Development, and (iii)
procedures and guidelines relating to the annexation of lands,
all for the achievement of the purposes stated in Section 1
above.
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3.2 It is anticipated that land use regulations
applicable to each MUNICIPALITY's Urban Growth Area, and
applicable to the COUNTY, will include without limitation,
each party's own comprehensive plan, and each party's
regulations addressing the phasing of development, zoning and
subdivision, environmental and landscaping controls,
development impact fees, specifications for the design and
construction of public improvements, and requirements
regarding the extension of streets, storm drainage, and water
and sewer utility services.
3.3 The parties intend to develop the Plan in sufficient
time for its adoption by all of them not later than twelve
(12) months after the effective date of this Agreement.
Concurrently with such adoption, the COUNTY AND EACH
MUNICIPALITY will amend its respective land use and other
regulations in such particulars as will authorize and enable
each of them to achieve the purposes, intent, and effect of
the Plan, and to implement, administer, and enforce the same
within each party's jurisdiction.
3.4 The parties shall update the Plan once every five
(5) years after the effective date of the Plan, unless a
greater or lesser time frame is agreed to by all of the
parties by a separate writing. The update shall include a
review of all elements of the Plan.
4.0 INTERIM PLANNING COORDINATION. This Agreement is
intended to be an interim Comprehensive Development Plan adopted
and implemented pursuant to C.R.S. §29-20-105(2). Following the
execution of this Agreement by all parties, COUNTY Development
approvals in the Southern Weld Planning Area will be processed and
determined in accordance with the following:
4.1 Referral. The COUNTY will refer all proposals for
Development within the Southern Weld Planning area to all
three MUNICIPALITIES for their review and recommendations.
Such referral will include at least a copy of the written
Development proposal and preliminary COUNTY staff summary of
the case. The COUNTY will allow not less than twenty-one (21)
days for each of the MUNICIPALITIES to review same and furnish
its comments, recommendations, and objections, if any, to
COUNTY staff prior to formulation of the COUNTY staff
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December 10, 1996a
recommendation. If the MUNICIPALITIES do not respond within
such time limitation, COUNTY staff may proceed with its
recommendation. However, notwithstanding such time
limitation, any comments, recommendation, or objection from
any MUNICIPALITY which is received by the County on or before
the Thursday next preceding the meeting of the Board of County
Coamiissioners or Planning Commission at which the matter will
be considered will be transmitted to the Board or Commission.
If NO MUNICIPALITY submits any comment, recommendation, or
objection, the COUNTY may assume none of the MUNICIPALITIES
have any objection to the proposal. If one or more of the
MUNICIPALITIES submits a recommendation or objection, the
COUNTY will either include within its written decision the
reasons for any action taken contrary to the same or furnish
such reasons to the APPLICABLE MUNICIPALITY or MUNICIPALITIES
by a separate writing.
4.2 Development Outside Urban Growth Area. To the
extent legally possible pursuant to the Plan and the COUNTY's
land use regulations as described in Section 3.2, the COUNTY
will disapprove all proposals for Urban Development in areas
of the Southern Weld Planning Area outside the Urban Growth
Area. This section shall not require disapproval of a
recorded exemption solely because the smaller parcel is less
than two and one-half (2) acres in size.
4.3 Development in Urban Growth Area. The following
shall apply to proposed Development in any MUNICIPALITY's
Urban Growth Area:
(a) Upon receipt of any proposal for
Development of property then currently eligible for
voluntary annexation to one or more of the
MUNICIPALITIES, the COUNTY will, in writing, notify the
proponent of the opportunity for annexation and notify
each such MUNICIPALITY of the proposal.
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December 10, 1996a
(b) An essential purpose of this Agreement is
to ensure that Urban Development will occur only within
the limits of the applicable MUNICIPALITY or in areas
which are eligible for annexation to such MUNICIPALITY.
Therefore, as a condition of approval of any rezoning,
planned unit development, subdivision, or use by special
review for any commercial or industrial use pursuant to
§31.4.18 of the Weld County Zoning Ordinance #89, as
amended or renumbered (Exhibit A), the COUNTY shall
require that there be executed annexation agreement
between the applicant and the MUNICIPALITY which requires
the owners to annex the property to the MUNICIPALITY upon
the terms and conditions and within the time stated in
the agreement. No such agreement shall be required in
the case of a recorded exemption, subdivision exemption,
or use by special review for oil and gas wells.
c) The MUNICIPALITY will extend, or use its
best efforts to cause any special district providing
sewer services within the MUNICIPALITY to extend,
sanitary sewer service to property in the MUNICIPALITY's
Urban Growth Area, subject to applicable rules and
regulations. Such rules and regulations, if the
MUNICIPALITY is the entity extending such sewer services,
shall include provisions requiring a written contract for
extraterritorial service and the construction of new
mains and other facilities necessary to serve the
property, with costs of such construction assessed in
accordance with said rules and regulations. If the
MUNICIPALITY is the entity extending such sewer services,
the MUNICIPALITY agrees to give notice of any proposed
change in such rules and regulations to the COUNTY at
least twenty-one (21) days prior to adoption.
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December 10, 1996a
(d) Each MUNICIPALITY provides municipal water
service to property within its boundaries, subject to its
rules and regulations. Each MUNICIPALITY furnishes such
water service pursuant to agreements with one or more
water districts and/or water conservancy districts.
Each such agreement prohibits the applicable MUNICIPALITY
from serving outside its boundaries or outside the
boundaries of the applicable water district. Water
service is currently available directly from one or more
of said districts in portions of the Urban Growth Area,
subject to the applicable district's rules and
regulations. Contemporaneously with the development of
the Plan, the MUNICIPALITY will negotiate in good faith
with the applicable water district to explore ways in
which the extension of water service within five years
outside each MUNICIPALITY'S boundaries, particularly in
areas not presently included in a district's boundaries,
can be coordinated so as to achieve the purposes stated
in Section 1 above while still recognizing the rights and
obligations of each such district.
(e) In recognition of the availability of
water and sewer service from a MUNICIPALITY or a district
within the Urban Growth Area as indicated in paragraphs
(c) and (d) above, the COUNTY will require water and
sewer service therefrom as a condition of approval of any
subdivision, rezoning or planned unit development, and
will not approve such Development until and unless the
applicant has obtained an approved written contract for
same with the applicable MUNICIPALITY and/or district.
This Agreement shall be prima facie evidence of the
availability of municipal water and sewer service within the
meaning of X32 -1-203(2.5)(a), C.R.S.
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December 10, 1996a
(f) The COUNTY will not grant any waiver of
the then -current street standards of any of the
MUNICIPALITIES for any Development without the consent of
the affected MUNICIPALITY or MUNICIPALITIES. Where no
standards have been adopted, the COUNTY will apply the
MUD street standards.
(g) To the extent legally possible pursuant to
the Plan and the COUNTY'S land use regulations as
described in Section 3.2, the COUNTY will deny proposals
for Non -Urban Development in the Urban Growth Area.
Nothing in this subsection shall restrict the COUNTY from
approving, by means of a process such as a recorded
exemption or subdivision exemption, the isolated
partition or division of an ownership parcel containing
at least one residence served by an individual sewage
disposal system at the time of adoption of this agreement
regardless of the size of the resulting parcels.
Nevertheless, the COUNTY will not permit any such
partition or division if the same would frustrate or
hinder genuine Urban Development, as defined in Section
2.6 of this Agreement, in the Urban Growth Area.
(h) If a MUNICIPALITY'S objection to or
recommendation of disapproval of a Development proposal
is based upon a conflict or incompatibility between
proposed uses in the Development and the MUNICIPALITY'S
anticipated zoning classification for the property, the
COUNTY will not approve same unless, in the COUNTY'S
judgment, (i) such conflict or incompatibility is
unlikely to occur, (ii) that suitable mitigation measures
to be imposed by the COUNTY as conditions of approval
will eliminate or adequately mitigate adverse
consequences of incompatibility or conflict, or (iii) the
MUNICIPALITY'S anticipated zoning classification of the
property is unreasonable because of existing uses of
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December 10, 1996a
adjacent property. The MUNICIPALITY shall be given
notice of, and may appear and be heard at, any hearing or
other proceeding at which the COUNTY will consider such
issues.
(i) The parties anticipate that ¶4.3 (f) -(h)
will be addressed in more detail when the Plan is
adopted.
4.4 Mutuality of Impact Consideration. The parties
recognize that decisions by one party regarding development
may impact property outside of each particular jurisdiction.
The parties agree that those jurisdictional boundaries will
not be the basis for giving any greater or lesser weight to
those impacts during the course of deliberations.
4.5 Referrals to County. (a) The applicable
MUNICIPALITY will refer each proposal for Development which is
presented to the MUNICIPALITY, and which lies within 500 feet
of any property in unincorporated Weld County, to the COUNTY
for its review and recommendation. Such referral will include
at least a copy of the written Development proposal and maps.
The MUNICIPALITY will allow not less than twenty-one (21) days
for the COUNTY to review same and furnish its comments,
recommendations, and objections, if any, to the MUNICIPALITY.
If the COUNTY submits no comment or recommendation, or
objection, the MUNICIPALITY may assume the County has no
objection to the proposal. If the COUNTY submits a
recommendation or objection, the MUNICIPALITY will either
include within its written decision the reasons for any action
taken contrary to the same or furnish such reasons to the
COUNTY by a separate writing. Where the DEVELOPMENT is
proposed as part of an annexation, the provisions of this
section shall be deemed satisfied by compliance by the
MUNICIPALITY with the notice and impact statement provisions
of the most current version of the Municipal Annexation Act
then in effect.
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December 10, 1996a
(b) If any COUNTY recommendation of
disapproval of a Development proposal within 500 feet of
any property in unincorporated Weld County is based upon
a conflict or incompatibility between proposed uses in
the Development and the County's existing zoning
classification for the property, the MUNICIPALITY will
not approve same unless, in the MUNICIPALITY'S judgment,
(i) such conflict or incompatibility is unlikely to
occur, (ii) suitable mitigation measures to be imposed by
the MUNICIPALITY as conditions of approval will eliminate
or adequately mitigate adverse consequences of
incompatibility or conflict, or (iii) the COUNTY'S
existing zoning classification of the property is
unreasonable because of existing or planned uses of
adjacent property. The COUNTY shall be given notice of,
and may appear and be heard at, any hearing or other
proceeding at which the MUNICIPALITY will consider such
issues.
5.0 ANNEXATION.
5.1 Each MUNICIPALITY will give serious consideration to
all petitions for annexation of lands within its Urban Growth
Area and will not decline to annex such properties except for
good cause. For the purposes of this section, good cause
includes without limitation the following: (i) the extension
of one or more municipal services to the area would place an
unreasonable economic burden on the MUNICIPALITY, on the
existing users of such services, or on the current and future
residents or owners of property in the area itself; or (ii)
the area is not reasonably contiguous in fact to the
MUNICIPALITY'S existing boundaries, and its annexation would
result in disconnected municipal satellite. No MUNICIPALITY
will annex any property located outside its Urban Growth Area
unless such property is both eligible for annexation and is
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December 10, 1996a
desired by the MUNICIPALITY for municipal functions such as
water or sewer facilities, or other municipal facilities.
5.3 To the extent legally possible, each MUNICIPALITY
will annex the full width of each COUNTY road right of way
adjacent to property annexed by it after the effective date of
this Agreement, unless the County determines that such an
annexation will create piecemeal road jurisdiction in which
case the more appropriate jurisdiction will be requested to
annex However if the MUNICIPALITY determines that such road
serves primarily COUNTY properties rather than existing or
newly annexed properties in the MUNICIPALITY, in which case
the MUNICIPALITY will annex none of such COUNTY road right of
way.
5.4 Notwithstanding any provision hereof to the
contrary, no MUNICIPALITY is obligated to annex any property
within a Development approved by the County after the
effective date of this Agreement, if the Development does not
conform to the Urban Growth Standards established under §§
3.1 and 3.2 herein unless a waiver or modification of such
standards was granted by the COUNTY and approved by the
MUNICIPALITY.
5.5 In determining off -site improvements to be
constructed by proponents of Development in each MUNICIPALITY,
the MUNICIPALITY will consider identifiable impacts on the
COUNTY's road system resulting from such Development on the
same basis as impacts to the MUNICIPALITY'S road system.
6. DEVELOPMENT FEES. As part of the Plan, the parties will
establish a schedule of development fees to be assessed in both the
Urban Growth Area. The parties will avoid duplication of
development fees to the extent feasible.
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December 10, 1996a
7.0 IMPLEMENTATION OF AGREEMENT. Following the mutual
execution of this Agreement each party will promptly enact and
implement such amendments to its existing land use or annexation
regulations as may be necessary to give effect to the provisions of
Sections 4, 5 and 6 above. Each party shall have sole and
exclusive discretion to determine such measures and any new ones as
will enable it to perform this Agreement. Each party's land use
regulations as referred to herein are ordinances or resolutions
whose amendment requires certain formalities, including notice and
public hearings. The mutual covenants in this section and
elsewhere to implement this Agreement promptly are given and
received with mutual recognition and understanding of the
legislative processes involved, and such covenants will be
liberally construed in light thereof.
8.0 MISCELLANEOUS PROVISIONS.
8.1 Severability. Should any one or more sections or
paragraphs of this Agreement be judicially determined invalid or
unenforceable, such judgment shall not affect, impair or invalidate
the remaining provisions of this Agreement, the intention being that
the various sections and paragraphs are severable.
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December 10, 1996a
8.2 Enforcement. Any party to this Agreement may seek
specific performance or enforcement of this Agreement in a
court of competent jurisdiction, but no such party shall have
any claim or remedy for damages arising from an alleged breach
hereof against any other party, nor shall this Agreement
confer on any party standing to contest a land use decision or
action of another, except as a breach of this Agreement, and
except as otherwise provided by law. This Agreement is
between the MUNICIPALITIES and the COUNTY and no third party
rights or beneficiaries exist or are created hereby.
8.3 Effective date of Agreement. The effective date of
this Agreement shall be the last date on which a party to this
Agreement approved and executed this Agreement.
8.4 Termination. This Agreement will continue in effect
until the Plan is developed, adopted, and implemented by all
parties. Notwithstanding the foregoing, however, any party
may terminate this Agreement by giving at least twelve (12)
months' written notice thereof to each of the other parties.
IN WITNESS WHEREOF, the parties have executed this Agreement
on the dates shown below.
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December 10, 1996a
APPROVED AND EXECUTED BY THE BOARD OF
OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, COLORADO THIS cyDAY OF N%/jl�/ , 1997.
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF WELD
By:, _
ATTEST:
(G'0Y
Weld County
By:
!7
/
Deputy Cle k to the
eafge E. Baxter, Chair
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December 10, 1996a
APPROVED AND EXECUTED BY THE CITY OF DACONO, COLORADO THIS
DAY
OF Qcyki
ATTEST:
By:
1991.
CITY OF DACONO, COLORADO
By:
Nancy 11i4 t, City Clerk
07/0,4.- e cHfrart
Linda D. Stepien, Mayor
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December 10, 1996a
APPROVED AND EXECUTED BY THE TOWN OF FIRESTONE, COLORADO THIS
DAY OF , 1996.
TOWN OF FIRESTONE, COLORADO
ir / (r �C ,,,� "t Lr
OWy`
ETAT.
•
By:
By: d --_
Rick Patterson, Mayor
Trudy Peterson, Town Clerk
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16
December 10, 1996a
APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THIS 11,077/
DAY OF 1212,e %t , 1991.
TOWN OF FREDERICK, COLORADO
By : 81.Lt/ ►f /� / C
Edward TaglYente, ayor
ATTEST:
By:
dB,
Karen Borkowski, Town Clerk
020797/1430[tatld:firestone\landuse\uganew
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December 10, 1996a
EXHIBIT A
31.4.18 Any use permitted as a use by right, an
accessory use, or a use by special review in
the Commercial or Industrial zone districts
provided the property is not a LOT in an
approved or recorded subdivision plat or LOTS
part of a map or plan filed prior to adoption
of any regulations controlling subdivisions.
PUD development proposals shall not be
permitted to use the special review permit
process to develop.
2543872 B-1601 P-974 04/21/1997 01:39P PG 18 OF 19
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