HomeMy WebLinkAbout972317.tiff p
Development ,
Firestone A Community Referral Sheet
In Motion Date October 1, 1997
.N, Weld County Board of County Commissioners 0 AT&T(2)
❑ Weld County Attorney ❑ US West
❑ Weld County Planning Dept 0 United Power
❑ K-N Energy(2)
❑ Town of Frederick ❑ TCI Cable
❑ City of Dacono 0 Public Service Company
❑ Frederick Area Fire Protection District 0 St.Vrain Valley School District
❑ Mountain View Fire Protection District 0 Weld Library District
❑ Tri-Area Ambulance District
❑ Weld County Tri-Area Sanitation District 0 Carbon Valley Recreational District
❑ St.Vrain Sanitation District
❑ Central Weld County Water District
❑ State of Colorado Department of Local Affairs 0 Northern Colorado Water Conservancy District
❑ State of Colorado, Department of Transportation 0 St Vrain&Lefthand Water Conservancy District
❑ State of Colorado Oil&Gas Conservation Commission 0 Left Hand Water District
❑ Colorado Oil&Gas Association ❑ Coalridge Ditch Company
❑ Patina Oil&Gas Corporation 0 New Consolidated Lower Boulder Reservoir&Ditch Co.
❑ HS Resources,Inc. 0 Last Chance Ditch Company
❑ Gerrity Oil&Gas Corporation ❑
Farm Credit
❑ Coastal Interstate Gas Company
❑ Kaufman Oil&Gas 0 Firestone Police Department
The Town of Firestone Planning Department has received the following item for review:
Project Name Del Camino Central-Annexation, Zoning and Outline Development Plan
Location See Attached
Please contact us with any comments on this proposed action that you may have.
Public hearings on the matter are scheduled to be held on the dates noted below:
Planning Commission Public Hearing Oct. 15, 1997 7:30 PM
Town Board Public Hearing Oct. 23, 1997 7:30 PM
Return form to: Firestone
150 Buchanan Avenue P.O.Box 100 Firestone,Colorado 80520
(303)833-3291 Fax(303)833-4863
Comments
Add/ Until—
/0/a8/17
(Please use the back of this form for additional comments)
Signature Date
1/4
et : GL�liv,e it 972317
DEL CAMINO CENTRAL
Outline Development Plan
Firestone, Colorado
September 24, 1997
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Outline Development Plan
DEL CAMINO CENTRAL
Town of Firestone
County of Weld
State of Colorado
Owner/Developer/Applicant
Sand Land, Inc.
2130 S. 96th Street, Broomfield, CO 80020
Contact: Chris Varra, President, 303-666-6657
Planning Consultant
Associated Land Consultants, Inc.
4141 Arapahoe Avenue, Suite 101
Boulder, CO 80303
Contact: Dennis Drumm, 303-444-1578
Engineering Consultant
Acklam Associates
1001 E. Bridge Street
Brighton, CO 80601
Contact: Curt Acklam, 303-659-8546
Property Ownership Information
Ownership is documented in the Title Policy previously submitted to the Town.
Legal Description
The NW 1/4 and the E 1/2 of the SW 1/4 and the W 1/2 of the SE 1/4 of Section 2,
Township 2 North, Range 69 West of the 6th P.M., County of Weld, State of Colorado
EXCEPT that portion of said premises deeded to Weld County by Deeds recorded August
30, 1991 in Book 1309 as Reception Nos. 2261418 and 2261419, also known by street
and number as vacant land, Longmont, Colorado.
Project Concept
Strategically situated in the northeast quadrant of the popular Del Camino I-25 /Hwy
119-WCR 24 Interchange, Del Camino Central is designed to accommodate a wide range
of commercial oriented uses, enhancing the tax base and employment opportunities in the
Town of Firestone. It is intended to create a well planned, high quality commercial
environment to meet the highway oriented commercial needs of the traveling public as
well as the commercial needs of the growing number of residences and businesses in the
surrounding Tri-Town, MUD and rural areas.
In addition to the project's strategic location, the basic design of the Del Camino Central
ODP is driven by the Weld County MUD's desire for an arterial street to parallel I-25
approximately one-half mile east of I-25 and the fact that much of the site is being mined
under a Weld County special use permit. The alignment of the arterial street shown on
9'7;o3x.7
the Del Camino Central ODP Map achieves the MUD transportation concept that the I-25
frontage road should realign to function as the arterial street. The off-site alignment and
intersection of WCR 24.5 and the frontage road now being constructed is conceptual,
indicating one way the MUD arterial street and frontage road intersection may be
achieved.
Regional Impact
Since the Del Camino Central PUD is in substantial conformance with both the Firestone
Comprehensive Plan and the Weld County Mixed Use Development Plan, it is assumed
its impact on both the community and region have been previously identified, analyzed
and determined to be acceptable. To assist the Town in confirming this assumption,
supplemental information can be submitted if required by the Town.
Environmental Information
Most of the PUD property is currently being mined under a County special use permit.
Site reclamation will enable the property to be reused as proposed, with no known
adverse impact other than that normally and unavoidably associated with urbanization.
The fact that mining of the property has been previously approved, and the fact that the
property's ultimate development for non-residential uses is in conformance with local and
regional plans, indicate the impact of this proposal has been determined to be acceptable.
Utilities
Investigations indicate utilities necessary to serve the project are immediately available to
the site. Providers of these utilities are as follows:
Water: Town of Firestone
Sewer: St. Vrain Sanitation District
Electric: United Power
Gas: K-N Energy
Phone: US West
Financing of the infrastructure improvements required by this project will be the
responsibility of the developer; however, it is anticipated that the developer will be
permitted to recover some portion of the cost of improvements through agreement with
the Town or other utility providers.
Services
Providers of services to the project are as follows:
Police Protection: Town of Firestone
Fire Protection: Mountain View Fire Protection District
Street Maintenance: Town of Firestone
Storm Drainage: Town of Firestone
Trash Service: Town of Firestone
Note: Because the Del Camino Central PUD does not include housing, school and
recreational services are not applicable to this proposal; however, public or private
facilities for limited recreation may be provided within the PUD.
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972317
Circulation System
The PUD incorporates the transportation provisions of the Weld County MUD and the
Town of Firestone Comprehensive Plan which provide for a new arterial street to extend
diagonally through the site from the I-25 frontage road northwest of the site to an
intersection with WCR 24 generally in the center(east-west) of the site. The PUD
anticipates two intersections with the new frontage road, one four way and one right in-
right out only as well as additional intersections with Weld County Roads 24, 24.5 and
9.75. If current plans to establish a park-n-ride in the southeast quadrant of the
interchange materialize, the PUD will be ideally situated for future mass transit. Rights-
of-way will be dedicated as the PUD is finalized in phased filings.
Land Use and Zoning
Presently the property is being mined under a Weld County special use permit. Upon
annexation, mining will continue in the Town in a manner consistent with the provisions
of the County permit and applicable State approvals. Concurrent with such mining,
development of the site may occur subject to the proposed Regional Commercial and
Employment Center PUD zoning in conformance with Town and County land use plans.
The ODP Map divides the 160.6 acre site into 15 parcels and the designation of Regional
Commercial or Employment Center is assigned to the parcels of which the applicant is
confident of the character of development. Those parcels for which there is uncertainty
as to the character of development, are assigned the combined designation of RC/EC to
ensure the necessary flexibility is retained to meet uncertain market demands and trends.
To ensure compatibility of uses on these parcels, appropriate plans will be submitted with
the Final Development Plan for review by the Planning Director. The precise delineation
of each parcel is subject to change as phased planning,platting and development occur.
The conceptual delineation of the lakes reflects the best estimate of the applicant as to the
actual extent of mining and reclamation of the site at this time. If constructed, their size
and configuration are subject to change.
The greenbelt and lake open space is also conceptual at this time, intended to provide the
opportunity to make open space and trail connections if desired by the Town.
The following listed uses shall be permitted in those parcels designated Employment
Center. (Uses not specifically listed, but similar in character and impact to those listed,
may be permitted by the Town.)
Industrial Uses (Asterisked uses shall be completely enclosed in a building.)
- Research, development& testing - Manufacturing*
- Fabrication* - Processing*
- Assembly - Warehousing
- Repair and service* - Laboratories*
- Office/Warehouse - Storage and distribution facilities
- Transportation and heavy equipment service*
- Wholesaling of any commodity manufactured, processed, fabricated or warehoused on
the premises.
3 972317
Commercial Uses
- Retail commercial (as a support use) - Retail showroom
- Wholesale commercial - Office-showroom
- Personal service - Repair and service
- Warehouse-showroom - Recreation facilities
- Hospitals - Gas stations
- Car washes - Restaurants
Office Uses
- Professional -Administrative
- Research, development& testing - Medical office and clinic
- Executive office - Laboratories
- Colleges - Training and instructional
- Financial Institutions
Additional Permitted Uses
The following uses may be subject to additional review or approval procedures:
- Child care facilities and private schools
- Mining, as previously permitted by the County, shall continue in the Town as a
special review use. Any material change in the mining as previous permitted shall be
subject to the Town special review procedure
- All farming and ranching uses in the AG-A land use category
- Religious churches, synagogues, and temples
- Public lands, buildings and streets, including fire stations, police stations, government
and special district offices, government and special district utilities
- Public or private utility facilities including power generation.
- Outdoor boat, trailer and automobile sales (new and used cars)
All accessory uses are permitted, including, but not limited to the following:
- Places for the retail sales of goods and services provided such uses are enclosed in a
industrial and/or office building. The total floor area for the retail uses shall not exceed
5% of the total building area.
- Temporary construction and sales offices
- Security guard residences
- Private use heliports
- Incineration (as an accessory use to a principal permitted manufacturing or processing
use) subject to the regulation of the governmental entity having jurisdiction.
Unless otherwise specified, the following uses are permitted if they meet the special
conditions specified in Section 15 of the Firestone Development Regulations and any
applicable permitting or approval requirements of the United States, State of Colorado,
Weld County or Town of Firestone:
- Borrow pit
- Oil and gas production
- Reservoirs. If reservoir construction involves the commercial operation and extraction
of mineral deposits, then it shall be subject to all the standards related to mining.
- Mining
4 972217
The following listed uses shall be permitted in those parcels designated Regional
Commercial. (Uses not specifically listed, but similar in character and impact to those
listed, may be permitted by the Town.)
commercial Uses
- Retail Commercial - Retail sales and service
- Retail showroom - Convention centers
- Retail lodging (including hotels & motels) - Stadiums
- Wholesale commercial - Food sales
- Personal service - Office-showroom
- Warehouse-showroom - Sports centers
- Recreation facilities - Transportation stations
- Repair and service - Hospitals
- Kennels (totally enclosed) - Gas stations
- Car washes - Establishments serving liquor
-Indoor entertainment, including movies and theaters
Office Uses
- Professional - Administrative
- Medical office and clinic - Executive office
- Research, development& testing - Laboratories
- Colleges - Training and instructional
- Financial Institutions
Additional Permitted Uses
The following uses may be subject to additional review or approval procedures:
- Child care facilities and private schools
- Mining, as previously permitted by the County, shall continue in the Town as a
special review use. Any material change in the mining as previous permitted shall be
subject to the Town special review procedure
- All farming and ranching uses in the AG-A land use category
- Religious churches, synagogues, and temples
- Public lands, buildings and streets, including fire stations, police stations, government
and special district offices, government and special district utilities
- Public or private utility facilities including power generation
- Outdoor boat, trailer and automobile sales (new and used cars)
All accessory uses are permitted, including, but not limited to the following:
- Temporary construction and sales offices
- Security guard residences
- Private use heliports
Unless otherwise specified, the following uses are permitted if they meet the special
conditions specified in Section 15 of the Firestone Development Regulations and any
applicable permitting or approval requirements of the United States, State of Colorado,
Weld County or Town of Firestone:
- Borrow pit
5 372317
- Oil and gas production
- Reservoir. If reservoir construction involves the commercial operation and extraction
of mineral deposits, then it shall be subject to all the standards related to mining.
- Mining
The parcels designated RC/EC may be developed for either Regional Commercial or
Employment Center permitted uses; however, to ensure compatibility of uses on these
parcels, appropriate plans will be submitted with the Final Development Plan for review
by the Planning Director.
Land Use Summary (in acres)
Parcel Zoning Size
Sub-Total
A Regional Commercial 9.0
B Regional Commercial 5.6
C Regional Commercial 5.6
D Regional Commercial 5.8 26.0
E RC/EC 1.9
F RC/EC 7.6
G RC/EC 8.9
H RC/EC 6.0
I RC/EC 5.0
J RC/EC 1.6
31.0
K Employment Center 19.6
L Employment Center 6.5
M Employment Center 1.6
Lake 1 Employment Center 22.3
Lake 2 Employment Center 30.8 80.8
Rights-of-way 22.8
Total
160.6
Density
No residential development is proposed. This ODP provides for the project to meet the
Town of Firestone requirements for lot coverage and minimum lot size; however, lots
less than one acre in size may be permitted at the time of Final Development Plan
approval.
Building Height
Maximum building height shall be 50 feet; however, higher buildings may be permitted
at the time of Final Development Plan approval.
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9724217
Development Schedule
Although dependent on a number of factors beyond control of the applicant, mining of
the site is expected to take 2 to 8 years to complete. Portions of the site, however, are not
subject to mining and it is anticipated that first phase development will occur in 1998,
depending on sales and processing time. It is projected that Del Camino Central will be a
long term, phased project requiring 8 to 10 years to complete.
Private Maintenance and Enforcement
In addition to the Town's zoning ordinance, the use, development and maintenance of the
PUD will be governed by a Commercial Association to be established by the developer as
well as Covenants, Conditions and Restrictions to be established and administered by the
Association.
Approval Blocks
Approved by the Planning Commission of the Town of Firestone, Colorado, this
day of , 1997.
Chairman
Secretary
Approved by the Town Board of Trustees of the Town of Firestone, Colorado, this
day of , 1997.
Mayor
ATTEST: Town Clerk
7 97221?
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Annexation Impact Report
Del Camino Central
Town of Firestone
Weld County
Colorado
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TABLE OF CONTENTS
Del Camino Central
Page
I. Project Description 1
III. Municipal Services 1
III. Special Districts 2
IV. School District Impact 2
IV. Annexation Agreement 3
rVI. Intergovernmental Agreement with Weld County 3
VII. Exhibits 3
A. Vicinity Map (on Comprehensive Plan Base)
B. Annexation Maps
C. Proposed Land Use Map
D. Service Utility Map
E. IGA: Firestone and RE-1J School District
F. Annexation Agreement
G. Interim Coordinated Planning Agreement
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DEL CAMINO CENTRAL
Annexations
To the Town of Firestone
Weld County, Colorado
I. Project Description
The locations of the proposed Del Camino Central Annexations (Parcels 1 ,
and 2) are generally shown as Exhibit A and specifically shown as Exhibit
B. The area to be annexed includes approximately 165 acres of
predominately vacant land and County road right-of-way in unincorporated
Weld County. Consistent with State law relating to platted streets and
alleys (CRS § 31-12-105) and with the agreed upon policy between the
Town and the County, the Town will not annex "one-half" of any County
roadway.
In conjunction with the proposed annexations, the zoning for the subject
property is anticipated to change from Weld County agricultural zoning to
Town of Firestone Planned Unit Development. Current mining activity is
planned to continue; a necessary special use permit will be processed
within the PUD process and the owner has requested that permit mirror the
existing Weld County permit. The Town Board will review the annexation
and zoning proposals in relation to the Town's current land use and
development policies and intergovernmental agreements. A referral relative
to the land use for the property has also been sent to various County
departments for comments.
The general relationship between the property and the Comprehensive Plan
Map is shown as Exhibit A. The proposed land use plan for the
annexations is shown as Exhibit C.
II. Municipal Services
Municipal services for the Del Camino Central annexations will be provided
in the following manner:
Electricity United Power
Natural Gas K-N Energy and/or Public Service Company
Telephone US West
Water Town of Firestone
Sewer St. Vain Sanitation District
Prepared
September 25, 1997!Pk
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Fire Mountain View Area Fire Protection District
Police Firestone Police Department
IFinancing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges and/or special
improvement districts, if necessary.
There exists a 24-inch water line near the 1-25 frontage road that the Town
will connect to in order to serve the property. Sanitary sewer lines exists in
close proximity to the property.
A general map showing approximate existing and planned locations of
transportation facilities, water and sewer facilities, existing ditches, and
other utilities is shown as Exhibit D. Access to the property will have to
comply to the Town's recently adopted Access Code.
III. Special Districts
A. The area proposed to be annexed is within the following districts:
• Weld Library District
• St. Vrain Valley School District RE-1J
• Northern Colorado Water Conservancy District
• Mountain View Fire Protection District
' • St. Vain Sanitation District
I B. The area to be annexed will petition for inclusion into other special
districts, as appropriate.
IV. School District Impact
The Town of Firestone will send a referral regarding this annexation and the
currently proposed land uses to the School District for referral although no
residential uses are currently proposed. Attached as Exhibit E is a copy of
the Intergovernmental Agreement between the Town of Firestone and the
St. Vrain Valley School District RE-1J. Since no residential uses are
contemplated, the annexation will have no effect on the school district in
terms of additional students or capital construction requirements.
Prepared
September 25, 1997 2
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t VI. Annexation Agreement
Although all of the details of an annexation agreement between the Town
and the applicant have not been negotiated, The Town of Firestone's
standard annexation agreement is attached as Exhibit F.
VII. Intergovernmental Agreement With Weld County
The Interim Coordinated Planning Agreement Between the Town of
Firestone, Weld County, et al. is attached as Exhibit G. The proposed
annexations are consistent with the Agreement.
VIII. Exhibits
A. Vicinity Map (on Firestone Comprehensive Plan Map Base)
' General location.
B. Annexation Maps
These maps show the contiguity of the Del Camino Central
annexations.
' C. Proposed Land Use Map
Proposed Land Use Map for the annexations.
D. Service Utility Map
Key utility locations, both existing and proposed extensions.
I E. IGA: Firestone and RE-1J School District
Effective June 21 , 1997
I F. Annexation Agreement
Firestone's Base Annexation Agreement.
G. Interim Coordinated Planning Agreement Between the Town of
I Firestone, Weld County, et al.
Prepared
September 25, 1997 3
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EXHIBIT A
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. 18-Inch
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-
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INTERGOVERNMENTAL AGREEMENT CONCERNING
FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES
BETWEEN THE TOWN OF FIRESTONE AND
I THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
111
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EFFECTIVE/�a. e i/ /Sal.
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n'I-16-97 FRI I1: 03 c, '02
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
I PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
RECITALS
I1. School Site Coordination and Development Referrals 2
2. Methodology
3
3. Fair Contribution for Public School Sites Requirement 4
4. Use of Fair Contribution for Public School Sites 5
I
5. Exemptions From Fair Contribution for Public School Sites 6
6. Annual Report, Accounting, and Audit 6
7. Term of Agreement
7
I8. Miscellaneous Provisions 7
a. Faith and Credit 7
b. Amendments 7
c. Notice 8
d. Governing Law 8
e. Severability 8
f. Indemnification 8
g. Provisions Construed as to Fair Meaning 8
h. Compliance with Ordinances and Regulations 8
No Implied Representations 9
j. No Third Party Beneficiaries 9
k. Financial Obligations 9
I. Integrated Agreement and Amendments 9
m. Waiver 9
Iriallin1111.11111.111111111"
M=!Y-16 _R1 14:C4
F. o3
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
I
THIS AGREEMENT is entered into by and between the Town of Firestone, a municipal
corporation, and the St. Vrain Valley School District RE-1J (School District), a political subdivision of
the State of Colorado, to be effective as of the day of
1997.
RECITALS
A. Local governments are encouraged and authorized to Cooperate or contract with
other units of government, pursuant to C.R.S. 29-20-105, for the purpose of planning or regulating
the development of land, including, but not limited to, the joint exercise of planning, zoning,
subdivision, building, and related regulations.
B. Growth in residential land development and the construction of new residential
dwellings in the Town necessitates the acquisition of additional public school sites to accommodate
the Corresponding increases in the student population. Requiring land dedication or conveyance for
public school sites or payments in lieu of land dedication or conveyance for public school sites
(hereinafter collectively referred to as "Fair Contribution for Public School Sites') will provide a
portion of the land to meet such demand.
C. To provide adequate public school sites to serve the Town residents of newly
constructed residential dwelling units, it is appropriate that the School District and Town cooperate
in the area of public school site acquisition by use of Fair Contribution for Public School Sites.
D. Requiring Fair Contribution for Public School Sites implements the goals and policies of
the Town to make provision for public improvements in a manner appropriate for a modern,
I efficiently functioning town and to ensure that new development does not negatively impact the
provision of municipal services.
E It is a reasonable exercise of the power of local self-government to require Fair
Contribution for Public School Sites as a method of ensuring that new residential construction and
residential development bear a proportionate share of the cost of public school sites acquisition
necessary to accommodate the educational service capacity demands of the residents who will be
living in the new dwelling units.
F. Requiring Fair Contribution for Public School Sites for new residential construction and
development is reasonable and necessary to protect, enhance, and preserve the public health,
safety, and welfare of the Town's citizens.
4/28/97 - Page 1
MAY-16 27 :RI 14:04
I P. 04
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE ANO
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
G The Town and School District, upon consideration of the impacts of new residential
construction and residential land development on the ability of the School District to provide public
school facilities in the Town, agree that it is in the best interests of the citizens of the Town to
mutually enter into an intergovernmental agreement for the purpose of providing for Fair
Contribution for Public School Sites, as provided in this Agreement.
H. The Town and School District do hereby define the rights and obligations of each
entity with respect to the planning, collection, and use of Fair Contribution for Public School Sites,
AGREEMENT
NOW, THEREFORE, in consideration of the objectives and policies expressed in the recitals
and the mutual promises contained in this Agreement, the Town and School District agree as
follows:
1 • School Site Coordination and Development Referrals
a. The School District agrees to locate future public school sites in conformity with the
adopted plan of the town, insofar as is feasible, and to consult with and advise the Town in writing
in advance of public school sites acquisition and site development.
b. The Town shall refer to the School District all residential land development applications
for review and comment concerning the adequacy of public school sites and facilities. The Town will
consider the School District's comments in conjunction with the review and processing of each
individual residential development application, and will implement land dedication for public school
sites or payments in lieu of land dedication for public school sites consistent with this Agreement
and the municipal code then in effect. If a nonresidential land development application is filed with
the Town that may have influence or effect on property owned by or activities of the School
District, the Town shall also refer information pertaining to that application to the School District
for review and comment. The School District agrees to promptly review the referred development
application and promptly submit its comments, recommendations, and requests to the Town.
4/28/97 - Page 2
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MAY-16 R i :4: :5 0 5
P
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
P2. Methodology
a. Contemporaneous with the Effective Date and the effective date of the Town municipal
code amendment requiring Fair Contribution for Public School Sites, the Town agrees to enforce
such municipal code amendment as a precondition to the lawfully authorized Construction of new
residential dwelling units not otherwise exempted under Section 5 below and the Town municipal
code.
Pb. The School District has adopted a methodology dated February 2, 1996
(Methodology), to determine Fair Contribution for Public School Sites for five categories of dwelling
units. The Parties agree the Methodology, attached and incorporated herein as Exhibit A, has been
11 developed in a manner so as to fairly apportion the cost of acquiring public school sites made
necessary by new residential development.
11 c. As part of the Methodology, the School District has adopted planning standards
related to facility enrollment capacities, public school site acreage requirements, and student yields
for each of five types of residential dwellings (single family homes, duplexes/triplexes, multi-family
111 units, condos/townhouses, and mobile homes). The Town and School District agree that the
Methodology is reasonable and the approved then-current Methodology shall apply to new
P residential construction within the Town. The Methodology shall be the basis for computing Fair
Contribution for Public School Sites for new residential construction. The Town and School District
agree that the Methodology adopted by the School District shall be periodically reviewed and
111 revised to reflect the current standards and conditions within the School District.
d. Unless and until modified by the parties, the Methodology and its supplementary
pbackground materials shall include, but shall not be limited to, the following factors:
(1 ) School planning standards which establish the student yields and technical and
educational specifications for facilities for each category of school facility (elementary, middle, and
high school levels), consistent with the policy of the Board of Education of the School District;
(2) The capacity demand of each category of school facility resulting from each
category of residential dwelling (single family, duplexes/triplexes, multi-family units,
condos/townhouses, and mobile homes);
111
(3) The means for determining the per acre fair market value of land for each type
11 of residential dwelling; and
4/28/97 - Page 3
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11AY-16 FRI 14: 6 P. 96
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
(4) The procedure for calculating Fair Contribution for Public School Sites required
and applicable to each type of residential dwelling.
ta The Methodology shall be updated periodically as conditions warrant by the mutual
consent of the Town and the School District. A copy of the updated Methodology shall be
I furnished to the Town within 30 days after its adoption by the School District. The Town shall hold
a public hearing before revising the Methodology.
3. Fair Contribution for Public School Sites Requirement
a. As Fair Contribution for Public School Sites, any person or entity, as part of an
applicable land development application shall dedicate or convey land for a public-school site to the
School District, or in the event the dedication of land is not deemed feasible or in the best interests
of the School District as determined by the Superintendent or designee, the School District may
require a payment in lieu of land dedication or conveyance to the School District. The manner and
amount of either type of Fair Contribution for Public School Sites shall be as stated in this
Agreement and the incorporated Methodology. This shall not preclude the School District and any
person or entity from mutually agreeing to resolve the issue of Fair Contribution for Public School
Sites in a manner other than as stated above.
b. If the Fair Contribution for Public School Sites includes the dedication of land,
according to paragraph 3.a. above, the Town agrees before recording of the final plat to require
proof that the dedication has been made to the School District in accordance with the following
requirements:
I (1 ) The person or entity has conveyed to the School District by general warranty
deed, title to the land slated for dedication, which title is to be free and clear of all liens,
encumbrances, and exceptions (except those approved in writing by the School District), including,
without limitation, real property taxes, which will be prorated to the date of conveyance or
dedication.
(2) At the time of dedication or conveyance, the person or entity shall provide a
title insurance commitment and policy in an amount equal to the fair market value of the dedicated
property. At the appropriate time, not later than the issuance of the first building permit for the
land development project, the person or entity shall also pay or provide for the payment of one-
half of street development costs, and shall either provide, or pay or make provision for the
payment of the costs associated with making improvements for water, sewer, and utilities stubbed
to the dedicated land, and for overlot grading of the dedicated land.
4/28/97 - Page 4
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MA7-1S-97 ERi 14:07 Y. `,;
U
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
c. The Town agrees that before issuing a building permit for any residential dwelling unit
not otherwise exempted under Section 5 below, it will require proof that the Fair Contribution for
Public School Sites, according to paragraph 3.a. or 3.b. above, has been received by the School
District. The superintendent of the School District, or the superintendent's designee, shall provide
such proof in a timely manner to the town clerk of the Town.
d. Nothing contained in this Agreement shall preclude the School District from
commenting to the Town upon the adequacy of public school sites or facilities, necessary in its
judgment, to serve the proposed residential land development project.
4. Use of Fair Contribution for Public School Sites
a. The School District shall hold or deposit in trust for public school sites all funds it
receives as Fair Contribution for Public School Sites, and all funds it may receive from the sale of
land dedicated or conveyed as Fair Contribution for Public School Sites. The School District shall
meet all requirements of C.R.S. 29-1-801 to -803, if applicable. The School District shall be solely
responsible for each Fair Contribution for Public School Sites it receives. No Fair Contribution for
Public School Sites shall constitute revenue of the Town under the provisions of Article X, Section 20
of the Colorado Constitution.
b. The School District shall use all funds it receives as Fair Contribution for Public School
Sites solely for acquisition, development, or expansion of public school sites or for capital facilities
planning, site acquisition, or school site capital outlay purposes within the senior high school feeder
attendance area boundaries that include the residential dwelling unit for which the Fair Contribution
for Public School Sites was paid. Subject to the limitations in this Agreement, the time for, nature,
method, and extent of each public school site planning, acquisition, or development shall be within
the sole discretion of the School District.
c. Except as otherwise provided in this Agreement, any funds received as Fair
Contribution for Public School Sites the School District has not used for acquisition or development
of public school sites within ten years of collection it shall tender for refund, with interest earned
and credited according to C.R.S. 29-1-801 to -803, to the person who made the Fair Contribution
for Public School Sites. The School District shall give written notice by first-class mail to the person
who made the Fair Contribution for Public School Sites at his or her address as reflected in the
5 records maintained by the School District. If the person does not file a written claim for refund of
the funds within the School District within 90 days of the mailing of such notice, the Fair
Contribution for Public School Sites refund shall be forfeited and revert to the School District to be
1111 utilized for capital facilities or improvements that will benefit the residence for which Fair
Contribution for Public School Sites funds were paid.
4/28/97 - Page 5
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MAY-16-97 FR? 14:97 p, "3a
11
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
d. The School District may request the Town to extend the ten-year period of time
specified in the previous subsection. Such request shall be made at a public hearing before the
Town, which may for good cause shown, and in its discretion, extend such period of time as the
Town deems reasonable and necessary.
5. Exemptions From Fair Contribution for Public School Sites
a. The following uses within the Town's boundaries shall be excepted from Fair
Contribution for Public School Sites:
(1 ) Construction of any nonresidential building or structure;
(2) Alteration, replacement, or expansion of any legally existing building or
structure with a comparable new building or structure which does not increase the number of
Iresidential dwelling units;
(3) Construction of any building or structure for limited term stay or for long-term
111 assisted living, including, but not limited to, bed and breakfast establishments, boarding or rooming
houses, family-care homes, group-care homes, halfway houses, hotels, motels, nursing homes, or
hospices; and
11
(4) Construction of any residential building or structure classified as housing for
older persons, pursuant to the Federal Fair Housing Act then in effect.
6. Annual Report, Accounting, and Audit
a. The School District shall submit an annual report on or before March 1 of each year
to the Town describing the School Districts use of the Fair Contribution for Public School Sites
funds during the preceding fiscal year. This report shall also include:
(1) A review of the assumptions and data upon which the Methodology is based,
including student generation ratios, and attendance area boundaries;
(2) Statutory changes or changes in the Methodology, including the School Planning
Standards, and in School District policies related to acquisition or construction of school sites and
facilities; and
I
4/28/97 - Page 6
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'1Ai-:6-97 =7t! 14:08 c 09
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
(3) Any recommended modifications to Fair Contribution for Public School Sites land
areas or amounts included in the Methodology.
b. After receipt of the report, the Town shall review it, considering those matters listed
in the previous subsection, and complete its review within 60 days of receipt.
c. The School District shall establish and maintain a separate accounting system to
ensure that all Fair Contribution for Public School Sites funds are used according to this Agreement.
d. The School District shall cause an audit to be performed annually of the Fair
Contribution for Public School Sites funds it receives, uses, or expends under this Agreement. The
audit shall be conducted according to the generally accepted accounting principles for
governmental entities. A copy of said audit shall be furnished to the Town. The cost of the audit
shall be paid for by the School District.
111
e. At any time the Town deems necessary, the School District shall honor the Town's
request for an accounting from the chief financial officer of the School District concerning the
School District's use of the Fair Contribution for Public School Sites.
7. Term of Agreement
The term of this Agreement shall commence on the Effective Date, and continue for a period
of ten years thereafter unless renewed or extended by the mutual consent of the Town and the
School District. However, either party may terminate this Agreement, at any time and for any
reason, upon one year's written notice to the other party.
8. Miscellaneous Provisions
a. Faith and Credit. Neither party shall extend the faith or credit of the other to any
third person or entity.
b. Amendments. This Agreement may be amended only by mutual agreement of the
parties and shall be evidenced by a written instrument authorized and executed with the same
formality as accorded this Agreement.
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4/28/97 - Page 7
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MAY-.S-c :RI 14:09IC
0
INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
' c. Notice. Any notice required by this Agreement shall be in writing. If such notice is
hand delivered or personally served, it shall be effective immediately upon such delivery or service.
1 If given by mail, it shall be certified with return receipt requested and addressed to the following
addresses:
Town of Firestone Attention: Town Clerk
' P.O. Box 100
Firestone, CO 80520
St. Vrain Valley School District RE-1J
Attention: Superintendent
395 South Pratt Parkway
Longmont, Colorado 80501
Notice given by mail shall be effective upon receipt.
1 d. Governing Law. This Agreement and the rights and obligations of the parties
hereto shall be interpreted and Construed in accordance with the laws of the State of Colorado.
e. Severability. If this Agreement, or any portion of it, is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect the validity of the remaining
portions of the Agreement.
' f. Indemnification. The Town agrees to cooperate in the defense of any legal action
that may be brought contesting the validity of this Agreement or the implementing ordinances. The
School District shall be responsible for defending any such claim (whether filed against the Town,
' the School District, or both); for its attorneys' fees and for the payment of any final monetary
judgment entered against the Town in any such action. Nothing contained in this Agreement shall
constitute any waiver for the Town or the School District of the provisions of the Colorado
' Governmental Immunity Act or other applicable immunity defense. This provision shall survive
termination of the Agreement, and be enforceable until all claims are precluded by statutes of
limitation.
Ig. Provisions Construed as to Fair Meaning. The provisions of this Agreement
shall be construed as to their fair meaning, and not for or against any party based upon any
' attributes to such party of the source of the language in question.
h. Compliance with Ordinances and Regulations. This Agreement shall be
administered consistent with all current and future Town laws, rules, ordinances, and regulations
concerning land dedication or conveyance for public school sites, or payment in lieu of land
dedication or conveyance for public school sites.
5/5/97 - Page 8
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INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRtBUnONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST VRAIN VALLEY SCHOOL DISTRICT RE-1J
I. No Implied Representations. No representations, warranties, or certifications,
express or implied, shall exist as between the parties, except as specifically stated in this
Agreement.
j. No Third Party Beneficiaries. None of the terms, conditions, or covenants in this
Agreement shall give or allow any claim, benefit, or right of action by any third person not a party
hereto. Any person other than the Town or the School District receiving services or benefits under
this Agreement shall be only an incidental beneficiary.
k. Financial Obligations. This Agreement shall not be deemed a pledge of the credit
of the Town or the School District, or a collection or payment guarantee by the Town to the School
District. Nothing in this Agreement shall be construed to create a multiple fiscal year direct or
indirect municipal debt or municipal financial obligation.
I. Integrated Agreement and Amendments. This Agreement is an integration of
the entire understanding of the parties with respect to the matters stated herein. The parties shall
only amend this Agreement in writing with the proper official signatures attached hereto.
m. Waiver. No waiver of any breach or default under this Agreement shall be a waiver
of any other or subsequent breach or default.
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4/28/97 - Page 9
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INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR
PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND
THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J
IN WITNESS WHEREOF, the parties hereto have executed this Agreement which shall be in full
force and effect the day and year first above written.
TOWN OF FIRESTONE
•
By r
ATTEST Mayor
in7
Town Clerk Dale
APP VED AS TO LEGAL FORM:
To n Attorney
ST. VRAIN VALLEY SCHOOL DISTRICT
RE-1J /// / //
By: /C[�� 7`f.fC.-
President,
ATT5ST: Board of Education
/9/97
cr ary Date
4/28/97 - Page 10
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EXHIBIT F
I
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this
19 , by and between day of
hereinafter referred to as
the TOWN OF FIRESTONE, a municipal corporationor "Owner, ' and
Colorado, hereinafter referred to as "Festone or of "Town" . of
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property
more particularly described on Exhibit "A, " which is attached
hereto, incorporated herein, and made a part hereof (such property
is hereinafter referred to as "the property" ) ; and
WHEREAS, Owner has executed a petition to annex the property,
a copy of which petition is attached hereto as Exhibit "B, " and
incorporated herein and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to
enter into the following Agreement; and
WHEREAS, Owner acknowledges that upon annexation, the property
will be subject to all ordinances, resolutions, and other
regulations of the Town of Firestone, as they may be amended from
time to time .
WHEREAS, Owner acknowledges that the need for conveyances and
dedication of certain property, including but not limited to
property for ways and easements to Firestone as contemplated in
this Agreement, are directly related to and generated by
development intended to occur within the property and that no
taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1 . Owner agrees to execute, promptly upon request of
Firestone, any and all surveys and other documents necessary to
effect the annexation of the property and the other provisions of
this Agreement . Owner agrees to not sign any other petition for
annexation of the property or any petition for an annexation
election relating to the property, except upon request of
Firestone.
1
I
1
I2 . Owner
agrees to provide legal documents, surveys,
determinedgg byork,Firestone ape Publication, maps, and reports
' annexation, and agrees to pay Firestone an annexation fee to be necessary to accoms in tthe
he
amount of
Dollars ($ ) per acre annexed 011ars ($ ) plus
3 . Firestone shall act upon Exhibit "B" within six months of
the date of filing thereof with the Town Clerk, unless Owner
consents to later action.
4 . The parties recognize that it is the intent and desire of
1 Owner to develop the property in a manner generally consistent with
the zoning requested and that the granting of such zoning by the
Owner Town of Firestone is a condition to annexation of the property.
of theh annexed ed propertyl take all within necessary he o permit
1 prescribed Firestone
statutes . by state
5 . Owner agrees to dedicate by General Warranty Deed or
appropriate instrument of conveyance acceptable to the Town, eight
percent of the territory to be annexed for public open space or pay
an equivalent fee in lieu of dedication, easements and rights-of-
way for streets and other public ways and for other public
Purposes, as required by Town ordinances and resolutions . Such
dedications shall occur immediately upon request of the Town except
that internal rights-of-way shall be dedicated at the time of
subdivision platting, unless the Town specifies another time.
6 . Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other
public ways within or adjacent to the property in accordance with
Town ordinances and resolutions and other applicable standards,
subject to any reimbursement wh .ch may be provided for in such
ordinances, resolutions, and standards, and to make such other
improvements as required by Town ordinances and resolutions, to
guarantee construction of all required improvements, and, if
requested by Firestone, to dedicate to Firestone any or all other
required improvements . If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other
matters prior to any development of the property.
7. If requested by Firestone, Owner agrees to include the
property in one or more special improvement districts or other
mechanisms established by Firestone for making improvements to
streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town
Clerk of Firestone as Owner' s attorney-in-fact for the purpose of
executing all documents determined by Firestone to be necessary for
such inclusion. If requested by Owner, Firestone agrees to
consider the establishment of one or more special improvement
districts for making such improvements .
2
U
8 . Owner agrees that the design, improvement, construction,
development, and use of the property shall be in conformance with,
. and that Owner shall comply with, all Town ordinances and
resolutions including, without limitation, ordinances and
resolutions pertaining to annexation, subdivision, zoning, storm
drainage, utilities, and flood control .
9 . Nothing contained in this Agreement shall constitute or
be interpreted as a repeal of the Town' s ordinances or resolutions,
or as a waiver of the Town' s legislative, governmental, or police
powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the
enactment or increase by the Town of any tax or fee .
10 . No right or remedy of disconnection of the property from
the Town shall accrue from this Agreement, other than that provided
by applicable state laws. In the event the property or any portion
thereof is disconnected at Owner' s request, Firestone shall have no
obligation to serve the disconnected property or portion thereof
and this Agreement shall be void and of no further force and effect
as to such property or portion thereof .
11 . The parties agree that if any part, term, portion, or
provision of this Agreement is held by a court of competent
jurisdiction to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining parts, terms, portions,
111 or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, portion, or provision
held to be invalid.
12 . Firestone agrees to make available to the property all of
the usual municipal services in accordance with the ordinances and
policies of the Town which services include, but are not limited
to, police protection and water and [sewer services] . Owner
acknowledges that Town services do not include, as of the date of
the execution of this Agreement, [fire protection or emergency
medical services, other services] , but the property is presently
included within the boundaries of and is entitled to receive such
services from the Fire Protection District .
13 . Owner, as a prerequisite to annexation, agrees to furnish
I and deliver ownership to the Town the minimum water rights as
required under Section of the Firestone Municipal
Code. Owner represents to the Town that the Northern Colorado
Water Conservancy District water shares or other water shares
acceptable to the Town listed on Exhibit "C" , attached hereto and
incorporated herein by this reference, constitute all of the water
rights appurtenant to the Subject Property. In accordance with
Section of the Firestone Municipal Code, Owner has
11 3
11
1111111.1.111.11111111111
i.,
I
subsequent amendments or revisions to such ordinance, resolution,
or policy, and the parties agree that such amendments or revisions
shall be binding upon Owner.
21 . This Agreement shall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof,
and shall constitute covenants running with the land. This
Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner' s expense . Subject to the conditions precedent
herein, this Agreement may be enforced in any court of competent
jurisdiction.
22 . This Agreement shall be null and void if the Town fails
to approve the annexation of the property.
23 . The Owner acknowledges that the annexation and zoning of
the property are subject to the legislative discretion of the Board
of Trustees of the Town of Firestone. No assurances of annexation
or zoning have been made or relied upon by Owner. In the event
' that, in the exercise of its legislative discretion, any action
with respect to the property herein contemplated is not taken, then
the sole and exclusive remedy for the breach hereof accompanied by
' the exercise of such discretion shall be the withdrawal of the
petition for annexation by the Owner, or disconnection from the
Town in accordance with state law, as may be appropriate .
OWNER
By:
I
By:
TOWN OF FIRESTONE
I
By:
' Rick Patterson, Mayor
ATTEST:
I
Trudy Peterson, Town Clerk
1 5
I
I
ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF ) ss
I
e of was subscribedbove and swornand to beforeng
me rthis
19 day of
Witness my hand and official seal .
My commission expires on:
I
I (SEAL)
ACKNOWLEDGEMENT
STATE OF COLORADO
COUNTY OF ) ss
The above and foregoing signature of
was subscribed and sworn to before me this
day of
19
Witness my hand and official seal .
My commission expires on:
(SEAL)
032896/1231(sar]c:fireston\forms\annex.agm
6
EXHIBIT G
1
ORDINANCE NO. 195
1
IN THE MATTER OF ADOPTING AN INTERIM COORDINATED PLANNING AGREEMENT
1 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:
1 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 end 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.
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111
December 10, 1996a
INTERIM COORDINATED PLANNING AGREEMENT
This Interim Coordinated Planning Agreement is made and
'I 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
If1 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
and jurisdictions ;
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,
4,a o ; /res/o7k-L., Afziertedk
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Weld County CO IA Suki Tsukamoto Clerk & Recorder 0.00
' .
December 10, 1996a
building and related regulatory
promote the Objectives stated inin this Agreement . best
NOW THEREFORE, for and in consideration of the mutual promises
and undertakings herein set forth, the parties agree ro
g 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
unincorporated areas surrounding each MUNICIPALITY
of such the
efforts are to accomplish the typesThe.development in
ntsuch
areas which best of in
general welfare of the ect the health, safety, sand
inhabitants thereof by prosperity, and
physical, financial, and human reducing the waste of
excessive congestion or excessive scatteringrces ch
result from anther
achieve maximum efficiency of population, and tof
development . and economy in the process
of
2 . 0 DEFINITIONS . For the purposes of this Agreement
the
following terms shall be defined as set forth
by 2 . 1thDevelopmeednt .
g Any
n in land use requiring regulatory approval
Urban Growth Area except gfor dany oamendment f the to party in the
down-
zoning, neither of whichplat or a exce t for creates any additional lots and
P 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 .
_:ems&72 3-1t01 P-974 04121 : 1997 Ci : 39P C'- . "F I .
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December 10, 1996a
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 insufficient
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
:5: 137' G-Io01 P-'+74 04'21!1997 01 : )yP PC zi 1
December IQ 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
Commissioners or Planning Commission at which the matter will
be considered will be transmitted to the Board or Commission.
II 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
Il MUNICIPALITIES submits a recommendation or objection, the
COUNTY will either include within its written decision the
IIreasons for any action taken contrary to the same or furnish
such reasons to the APPLICABLE MUNICIPALITY or MUNICIPALITIES
by a separate writing.
I4 . 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
r Area . This section shall not require disapproval of a
recorded exemption solely because the smaller parcel is less
' than two and one-half (2W) acres in size .
4 . 3 Development in Urban Growth Area. The following
I 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 .
;43S7: a-I601 P-q74 t7:,, 21;1997 O1 : 32P PG HE
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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
trequire 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 .
I
c) The MUNICIPALITY will extend, or use its
Ibest 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
IMUNICIPALITY 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.
2543872 3-1601 P-974 04/21 / 1997 01 :39P PG o OF 19
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December 10, 1996a
(d) Each MUNICIPALITY provides municipal water
service to property within its boundaries, subject to its
I 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 §32-1-203 (2 . 5) (a) , C.R.S .
2543872 8-1601 P-974 04/21/ 1997 01 : 39P PG
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December 10, 1996a
' (f) The COUNTY will noc grant any waiver of
the then-current street standards of any of the
IMUNICIPALITIES for any Development without the consent of
the affected MUNICIPALITY or MUNICIPALITIES . Where no
I standards have been adopted, the COUNTY will apply the
MUD street standards .
I (g) To the extent legally possible pursuant to
the Plan and the COUNTY' s land use regulations as
Idescribed in Section 3 .2, the COUNTY will deny. proposals
for Non-Urban Development in the Urban Growth Area.
I 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
Ipartition or division of an ownership parcel containing
at least one residence served by an individual sewage
Idisposal system at the time of adoption of this agreement
regardless of the size of the resulting parcels .
I 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.
I (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
2543872 11-1b01 P +74 04 2] 1997 01 :39P PG
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 14 . 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 .
+3872 8-1601 1'-.7-4 04. _1 ' 1.)97 01 : 39P PG ''0 OF 19
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
2543372 0-1601 P-474 04/21 1997 01 : 39P PG 10 OF 19
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 .
2543372 B-1601 P-974 0412! ' 1997 01 :39P PG . 1 OF
•
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 .
2543872 B-1601 P-974 04/21 ' 1997 01 :39P PG 12 OF 14
12
we
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.
2543872 b-1601 P-474 04/21/1997 01 :39P PG 13 uF 1 =4
13
r
December 10, I996a
APPROVED AND EXECUTED BY THE BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF WELD, COLORADO THIS .,5/ LLnl DAY OF /"I4/k_ , 1997.
/
BOARD OF COUNTY COMMSISSIONERS
OF THE COUNTY OF WELD
By: /l.* i,. cii -2
46-1
' Geo.ege E. Baxter, Chair
' 1f
it
ATTEST: ran ,
A r
Weld County '�`� + Jt140Z4. )-13-1 rd
if �,A it
By:
Deputy C1e k to the
2543 -,:2 -.-I:,01 P-9-: 04/ 21 ' 1297 01 : 19P rc nF
14
e
December 10, 1996a
APPROVED AND EXECUTED BY THE CITY OF DACONO, COLORADO THIS 15
DAY OF \ J1` R , 19911.
176 t p�
j,�ODdr10�O , CITY OF DACONO, COLORADO
m b"
34
n.VaS"
0\`''.r n4-10 4 By: f
.,0 ?b;Q j0 ,,,, Linda D. Stepien, Mayor
ATTEST:
BY: EAX,14t
NaR(Yr-A-
llickt, City Clerk
2-Y43572 ii-1h01 P -a 04/21 • l +q7 01 : 3iP
15
4'
December 10, 1996a
APPROVED AND EXECUTED BY THE TOWN OF FIRESTONE, COLORADO THIS
DAY OF , 1996 .
TOWN OF FIRESTONE, COLORADO
1 .Sr C
, 4/
` � By:
—.— Rick Patterson, Mayor
0
0% r0
By :
Trudy Peterson, Town Clerk
2543 , G-1r0I p_- 74 O . 21 . 199; CI : r.', :iv I
16
December 10, 1996a
APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THIS &7/
DAY OF /9 P.e i z , 199 ".
TOWN OF FREDERICK, COLORADO
..L;tE-j
Edward Tagl Yente, ayor
ATTEST:
By: 7‘,µ" 241
Karen Borkowski, Town Clerk
020197/1930[tat]d:fireatone\landuSe\uganew
_;:131372 R-1601 F-'176 ni;2_1 ' 1997 2l : `:^ f
17
EL
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 .
I
2541372 11-1601 0-974 04/21 ; 1997 01 : :w PG 15 P I
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