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Home My WebLink About980551.tiff VIED C+JUi!T� 1998 FE? 24 111 9: 29 CLERK TO THE BO TO Annexation Impact Report The Shores Town of Firestone Weld County Colorado February 1998 ��, t /` en jar 980551 C� ; �'�j �i�, l-�t; GH TABLE OF CONTENTS Page I. Project Description 1 II. Municipal Services 1 III. Special Districts 2 IV. School District Impact 2 V. Annexation Agreement 3 VI. Intergovernmental Agreement With Weld County 3 VII. Exhibits 3 A. Vicinity Map (on Firestone Comprehensive Plan Map) This map shows the general location of the proposed Annexation. It also shows present Town boundaries. B. Annexation Maps This map shows the contiguity of The Shores annexations. C. Proposed Land Use Map Existing and Proposed Land Use Map for the annexation. D. Service Utility Map Key Utility Locations. E. Referral from RE-1J School District Letter dated February 11, 1998. F. IGA: Firestone and RE-1J School District Effective June 21, 1997 G. Annexation Agreement Firestone's Base Annexation Agreement. H. Interim Coordinated Planning Agreement Between the Town of Firestone, Weld County, et al. 980 551 THE SHORES Annexation To the Town of Firestone Weld County, Colorado I. Project Description The locations of the proposed The Shores Annexation is generally shown on Exhibit A and specifically shown as Exhibit B. The area to be annexed includes approximately 635 acres of predominately vacant land and County road right-of-way in unincorporated Weld County. Consistent with the Municipal Annexation Act and 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 with residential and neighborhood center commercial land uses. In addition, this applicant is requesting special use approval for sand and gravel mining on portions of the property. Current uses include agriculture and dairy operations with related accessory uses. 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 also shown on Exhibit A. The existing and proposed use patterns are is shown in the zoning application for the property (Exhibit C). II. Municipal Services Municipal services for The Shores Annexation will be provided in the following manner at the time of development of the Property: Electricity United Power or Public Service Company Natural Gas K-N Energy and/or Public Service Company Telephone US West Water Town of Firestone Sewer St. Vrain Sanitation District Fire Mountain View Fire Protection District Police Firestone Police Department 980551 Prepared February 13, 1998 1 Financing 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 18-inch water line near the 1-25 frontage road and a 16-inch water line in Road 15, that the Town will connect to in order to serve the property. Sanitary sewer trunk lines exists in close proximity to the property. A general map showing approximate existing or planned locations of transportation facilities, water and sewer facilities and other known utilities is shown as Exhibit D. Access to the property will have to comply to the Town's Access Ordinance. Existing ditches are indicated on Exhibit C. 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 • Central Weld County Water District B. The area to be annexed will petition for inclusion into other special districts, as appropriate. IV. School District Impact The Town of Firestone has sent a referral regarding this annexation and the currently proposed land uses to the School District for referral. The School District's response is attached as Exhibit E. Attached as Exhibit F is a copy of the Intergovernmental Agreement between the Town of Firestone and the St. Vrain Valley School District RE-1J. These documents detail the estimated number of students generated and capital construction requirement for the students generated. 980551 Prepared February 13, 1998 2 V. Annexation Agreement Although all 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 G. VI. Intergovernmental Agreement With Weld County The Interim Coordinated Planning Agreement Between the Town of Firestone, Weld County, et al. is attached as Exhibit H. VII. Exhibits A. Vicinity Map (on Firestone Comprehensive Plan Map) This map shows the general location of the proposed Annexation. It also shows present Town boundaries. B. Annexation Maps This map shows the contiguity of The Shores annexations. C. Proposed Land Use Map Existing and Proposed Land Use Map for the annexation. D. Service Utility Map Key Utility Locations. E. Referral from RE-1J School District Letter dated February 11, 1998. F. IGA: Firestone and RE-1J School District Effective June 21, 1997 G. Annexation Agreement Firestone's Base Annexation Agreement. H. Interim Coordinated Planning Agreement Between the Town of Firestone, Weld County, et al. 980551 Prepared February 13, 1998 3 Exhibit A 9805 :1 n a n s° 5 x,. 5 I) ti e: Wen es I ul '4 R , . e„„ , g Proposed wwx +`'4 o,..w' tW` O? . .' Annexations e.: S . it e S `zn ti a{ y, ;} ' WCflY I S 'y� �@° 1`) §x ,t EilV ,Ppe' s r{" fit.t<s iv: t +2',t s ag °trld uud*s �� E'� . 4 "- { ri, 1 -'' n ` .af, • tt,r, {b 'tom { i wm . t`{ 1Ip"i I ! s '`. F fisr �. . nrat I. 1 , {f ""i 4 t rc e st - 4. ti tiA i f` pJ1M �. 3y�`"r�*1' en ,A� i.s n, I I ' e . , : .". Le, ,T e YS ._(. ._ alLA9i�e Infi‘ i 4 tWtft' Ix'-III HAi1d. ,I' v rya r+..t. .- III s , t..�"rtrisn AG AG. I{ n - "sF° `. I a �•-- i aw M.W `` n a A...,.n� a i t " e 2 E l} } • NCR is dxr. f bCRa m R-Hign FMelltl[ _ ® - —rtr a nIn e s ' WCR a: _ ff wGA t{ v s e • !; FmMIcR y n ra.WM t ,. n j SM52 ' r . , , '+ {3igt P, z ' ' r SIC St wCR,z II. GWCCne .a E ,p i alo NORTH _.-._ -_-__ = � 1 fI" \ Legend Firestone . Commercial and Rb esk.mM I .Medium Fnrn.. 11 Mn.mr . / Mimi cm. firestone Miami u.. R-A Residential Lew Density its,.... MsideMlM KIP oemiry Sericulture./ Comprehensive Plan AG Spec* rbNogn Spec* Map Amendment 0 1 1 Amn.l Tbr I Ara* ^ Major Anna ner x Aru October 9,1997 \��o61" O EXHIBIT A \ Na.:Ezup1 zs mletl.future Irempoea on mprovrrems ere rwl:lwwn. y 980 51 Exhibit C 96105r- THE SHORES Firestone, Colorado Combined Application : Outline Development Plan Special Use Permit for Gravel Mining December 19, 1997 980551 THE SHORES Outline Development Plan Firestone, Colorado December 19, 1997 980551 Outline Development Plan THE SHORES Town of Firestone County of Weld State of Colorado Owner Booth Land and Livestock Company and Gary S. Booth and Mark C. Booth PO Box 72 Lucem, CO 80646 Contact: Gary Booth, 970-353-7055 Applicant/Developer Orr/Hall LLC 826 9th Street Greeley, CO 80631 Contact for development: Ed On, 970-351-8777 Contact for mining: Jeff Gregg, 970-352-6057 Planning Consultant Associated Land Consultants, Inc. 4141 Arapahoe Avenue, Suite 101 Boulder, CO 80303 Contact: Dennis Drumm, 303-444-1578 Mining Special Review Use Consultant Rocky Mountain Consultants, Inc. 825 Delaware Avenue, Suite 500 Longmont, CO 80501 Contact: Barbara Brunk, 303-772-5282 Surveyor Ayres Associates 3665 JFK Parkway Fort Collins, CO 80525 Contact: Brian Nelson, 970-223-5556 Legal Description Please see the Legal Description, attached as Exhibit "A" Property Ownership Information Please see the Title Commitment, submitted under separate cover. (Note: The George Hall Family Trust has assigned its contractual interest in the property to the Orr/Hall LLC. 980551 Also, the property owner has executed a power of attorney appointing Ed On-as its attorney-in-fact relative to this application.) Project Concept The Shores Planned Unit Development is intended to maximize resource management by providing for the mining of extensive gravel reserves situated in the north portion of the property, and then to reclaim the property as a water feature based, mixed use residential and commercial development. The ODP provides for a wide range of housing densities to accommodate many life styles including apartment, town home, patio home and small, medium and large lot single family detached homes. The north portion of the property features two lakes, the west lake for general water activities and the east lake for competition water skiing. The lakes, to be reclaimed as the property is mined, will create an exceptional amenity and recreational facility. Also, the lakes will accommodate the flood plain which extends from the southwest corner of the property northeasterly through the property. A central focus will be achieved through a community center, to be located at the point where the two lakes are connected by a narrow channel. It is intended that greenbelts will be established as individual final development plans are approved to provide pedestrian and bicycle access to the community center and to other public or private open space to be developed along the lake. The portion of the project south of WCR 24 will not be mined; however, its open space orientation is toward the Firestone Trail, a major element in the region's greenbelt and trail system. Access to this facility will be provided as individual phases of the projects are planned and subdivided. The development's location along WCR 24 and at the southwest corner of the intersection of WCR 24 and WCR 13 (the fire station site is not included in the project) provides the opportunity for retail and service oriented commercial development. Because the Town's regional oriented commercial needs will be met by the recently annexed Del Camino Central commercial development immediately west of The Shores, it is anticipated that the two commercial sites depicted on the ODP will offer more local oriented neighborhood and community commercial uses. • The cattle feedlot now operating north of WCR 24 will continue to operate until the property is ready for development; however, at that time the feedlot will be closed and reclaimed for residential and commercial development. Regional Impacts Since The Shores is in substantial conformance with the Firestone Comprehensive 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 will be submitted as required by the Town. The proposal is also in substantial conformance with the Weld County MUD Plan as well. The only apparent conflict is that the area planned for large lot single family development west of the lake on the ODP is shown as "employment center" on the MUD. It's believed this 2 _ 980551 conflict is minor and that mining and reclamation of the mined area is far more conducive to upper end residential development than for employment oriented commercial development. The preference for residential use of the property is also driven by the fact that the area immediately west of The Shores, adjacent to the I-25 Del Camino interchange, is zoned for regional oriented commercial uses. Environmental Information The lakes will be created from mining of the extensive aggregate sources on the property. A special review use application is being processed concurrently with the annexation petition and ODP application to provide for mining, and that application addresses environmental concerns and measures to be taken to ensure potential environmental impacts are within limits established by the Town and State. Utilities Water: Town of Firestone Sewer: St. Vrain Sanitation District Electric: United Power Gas: K-N Energy Financing of the infrastructure improvements required by this project will be the responsibility of the Developer; however, Developer will be permitted to recover the cost of any oversized improvements and improvements designed to benefit adjacent developments. Service Requirements Police Protection: Town of Firestone Fire Protection: Mountain View Fire Protection District Ambulance Service: Tri-Area Ambulance Service Street Maintenance: Town of Firestone Trash Service: Private haulers Schools: St. Vrain School District Note: Student generation factors indicate The Shores could add as many as 1,000 students to the area at full development; however, because of the ODP's emphasis on attached single family and multi-family housing, this number may be much higher than appropriate. It is anticipated that the Town will coordinate with the school district to accurately project the need for schools in the area and to identify potential school sites as appropriate. Circulation System Access to the residential portions of the PUD will be from internal collector streets intersecting with WCR 24, and WCR 13. Secondary access to the north portion area will be from WCR 9.75. Access to the commercial centers will be from the arterial streets and internal collector streets. Pedestrian and bicycle access will be provided in greenbelts and as otherwise approved by the Town in FDPs. - 3 - 980551 Existing Land Use Existing use of the property is for agriculture and a feedlot. The existing uses will continue after annexation with agricultural use to decrease as the property is mined and developed. The feedlot operation will cease prior to development of the north area. Proposed Land Use Proposed land use, residential density and number of dwelling units are summarized as follows: LAND USE ACRES DENSITY DUs Residential - A 75 3.0 225 Residential -B 222 5.0 1110 Residential - C 122 12 1464 Commercial (N-C) 24 Open Space 141 Major Streets 51 TOTAL 635 2,799 Residential Land Use To facilitate the mixed residential use, the zoning designation requested is Residential Planned Unit Development. Uses to be permitted in the residential planned unit development include all uses permitted in all Firestone residential zoning districts including single-family attached and detached dwelling units, multi-family units, apartment units as well as all customary accessory uses, including boat docks and boat storage. Covenants will be established to regulate many aspects of the project, with emphasis on boat related uses. Commercial Land Use Neighborhood Commercial zoning is being requested for the two neighborhood centers to be located on WCR 24. Uses permitted in the Neighborhood District include: retail • commercial, retail sales and service, retail showroom, convention centers, retail lodging, 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 and indoor entertainment (including movies and theaters). Also, office uses are permitted including professional, administrative, research, development and testing, medical office and clinic, executive office, laboratories, colleges, training and instructional and financial institutions. Other Land Uses The Firestone Development Regulations identify the following uses which are permitted within all land use categories: Child care facilities and private schools, all farming and ranching uses in the AG-A land use category except as specifically prohibited; religious - 4 980551 churches, synagogue and temples; public lands, buildings and streets, including: fire stations, police stations, government and special district offices and utilities, and public or private utility facilities, including power generation. Accessory Uses, Residential Accessory uses permitted in the residential portions of the PUD include: accessory buildings with single family homes (not to be used for residential occupancy except by domestic employees employed on the premises); mini-structures in the rear yard of single family homes; show or model homes, private stables and barns subject to Town regulation; home occupations; temporary construction and sales offices; group homes for the developmentally disabled and aged; any use that is clearly incidental to a principal permitted use so long as the residential density requirement is not exceeded; greenhouses of less than 10% of the principal building; and security guard residences. Accessory Uses, Commercial Accessory uses permitted in the commercial portions of the PUD include: temporary construction and sales offices; security guard residences; private use heliports; and any use that is clearly incidental to a principal permitted use. Land Uses Subject to Special Conditions The following uses are permitted subject to special conditions: borrow pit; oil and gas production; reservoirs; and mining. Mining Special Review Use As previously noted, application for approval of mining as a special review use is being made concurrent with the this ODP application. The reader is referred to that application for specific information regarding mining. Continuation of Agricultural Uses Since development of most of the property will be delayed until substantial mining is completed, it is important that current agricultural uses be permitted to continue. The applicant will coordinate with the Town to establish a mechanism to ensure such uses may continue, including the feedlot use, until development occurs. Building Height Maximum building height shall be 38 feet and as otherwise provided in the Firestone Development Standards. Buildings, mining and agricultural equipment may exceed this height if specifically permitted by the Town. Development Schedule Ultimate development of the site must await substantial completion of mining since the focus of the ODP is on the lakes which will be created by reclaiming mined portions of the property. Also, it is anticipated that residential sales will not occur until mining activity and equipment are sufficiently removed from development sites so as not to impact the homes. Thus, residential development will be mostly dependent on the rate of mining. In turn, the commercial development will be largely dependent on the rate of residential 5 980 551 development of this project as well as other residential projects in the area, since the commercial uses will be oriented primarily toward the needs of north Firestone residents. As stated in the mining special use permit application, it is estimated that mining of the property could continue for as long as 25 to 30 years. Of course, that is a conservative estimate and the time frame could be substantially shorter. Since significant residential development will not occur until the large westerly lake is mined and reclaimed, it is projected that major development will not occur for ten years. Initial development phases which don't directly relate to the lakes may occur earlier. Earlier development could also occur if mining and lake reclamation can be phased in a practical manner. Private Maintenance and Enforcement In addition to the Town zoning, building and other codes, the planned unit development shall be controlled by detailed provisions of the final development plans to be approved by the Town as well as a home owners association bylaws and covenants to be established prior to FDP approval. The association will govern architectural control, common areas and similar matters. All streets will be dedicated to the Town and maintained as public streets. Approved by the Planning Commission of the Town of Firestone, Colorado, this day of , 1998. Chairman Secretary Approved by the Town Board of Trustees of the Town of Firestone, Colorado, this day of , 1998. Mayor 980551 ATTEST: Town Clerk - 6 - THE SHORES Town of Firestone, Colorado Application Materials For: SPECIAL USE PERMIT FOR GRAVEL MINING Applicant: Jeff Gregg Hall-Irwin Construction Company P.O. Box 519 Greeley, Colorado 80632 (970) 352-6057 (970) 352-6284 - fax December 16, 1997 980551 Hall-Irvin Mining Proposal for the Shores— Special Use Permit Firestone, Colorado TABLE OF CONTENTS • Ownership Information S-1 Technical Consultants 3-2 Background S-3 Mining Plan S-3 Reclamation Plan S-4 Special Use Permit Performance Standards S-5 Town of Firestone Special Use Permit Criteria S-g Tables Table I —Activities Associated with Mining T-1 Table 2— Equipment T-2 Table 3 — Hours of Operation T-3 Table 4—Truck Traffic and Haul Routes T- Table 5 — Seed Schedule T-5 Table 6— Plant Materials T-6 Maps Vicinity Map Mining Plan Map Reclamation Plan Map December 16, 1997 980551 Hall-Irvin Mining Proposal for the Shores - Special Use Permit Firestone. Colorado Legal Description Please see Attachment I (paee A-1) for legal description Owners-Surface Booth Land and Livestock Company Gary S. Booth and Mark C. Booth P.O. Box 72 33071 Highway 85 • Lucerne, Colorado 80646 Optionee Hall Family. LLC c/o Brett Hall Hall-Irwin Construction Company P.O. Box 519 Greeley. Colorado 80632 (970) 352-6057 (970) 352-6284 - fax Owners- Gravel Resource Booth Land and Livestock Company Gary S. Booth and Mark C. Booth P.O. Box 72 33071 Highway 85 Lucerne. Colorado 80646 Owners- Oil and Gas Please see Attachment 2 (page A-2) for oil and gas ownership Gravel Mining Operator-Applicant Jeff Grego Hall-Irvin Construction Company P.O. Box 519 Greeley. Colorado 80632 (970) 352-6057 (970) 352-6284 - fax Proposed Special Use Extraction and processing of sand and gravel including mining, processing, concrete batch plant. asphalt batch plant. concrete/asphalt recycling plant. December 16. 1997 S- 1 H:10636 0761E/RESTOYJVPD 980 551 Hall-Irwin Mining Proposal for the Shores - Special Use Permit Firestone. Colorado Adjoining Landowners Please see the adjoining landowners information included with the Annexation/Outline Development Plan application materials. Technical Consultants Planning - Primary Contact Dennis Drumm Associated Land Consultants, Inc. 4141 Arapahoe Street, Suite 101 Boulder, Colorado 80303 (303) 444-1578 (303) 444-2447 - fax Planning & Landscape Architect Barbara Brunk (Gravel Mining) Rocky Mountain Consultants, Inc. 825 Delaware Avenue. Suite 500 Longmont, Colorado 80501 (303) 772-5282 (303) 665-6383 - fax Geotechnical David A. Richer, P.E. Engineer Terracon Consultants Western, Inc. Empire Division 1289 First Avenue Greeley, Colorado 80631 (970) 351-0460 Surveyor Brian T.Nelson, R.L.S. Ayres Associates 3665 JFK Parkway. Building 2. Suite 300 P.O. Box 270460 Fort Collins, Colorado 80527 (970) 223-5556 (970) 223-5578 - fax December 16, /997 S-2 HI0636 0261FIREST0.1'.WPD 980 5r 1 Hall-Irvin Mining Proposal for the Shores - Special Use Permit Firestone, Colorado Background The purpose of this application is to obtain authorization for Hall-Irwin Construction Company (Hall-Irwin)to mine, process and sell sand and gravel and to operate concrete, recycling and asphalt batch plants at the Booth property. Hall-Irwin will mine approximately 125 acres of the 635 acre parcel currently being considered for annexation to the Town of Firestone. Please see the attached vicinity map for the specific location of the area to be mined. Existing Conditions This site is irrigated agricultural land, presently used to produce sugar beets, wheat and corn crops and as pasture for cattle grazing. Topography of the area to be mined is flat, sloping slightly to the south to southwest. There is a significant commercial deposit of sand and gravel located in the alluvium of the St. Vrain River on this property. The Creek lies approximately % mile to the north. Portions of the site may flood during periods of high runoff as portions of the area to be mined are in the 100-year floodplain (see Mining Plan Map for location of floodplain). In addition, there are several irrigation laterals and ditches that meander through the site. The ditches include the Rural Ditch, Last Chance Ditch. Biederman Seepage Ditch and Cole Ditch. Adjacent land uses include agricultural land to the north and east and a gravel mining operation to the west. There are also several small rural residential parcels located northeast of the property and a dairy operation to the southeast. The existing structures, feedlot and associated improvements on the remainder of the 635 acre parcel will not be impacted by the mining operation. The unmined portion of the property will continue in agricultural production until it is developed within the Town of Firestone at some time in the future. Mining Plan - Please see Mining Plan Map for details. All proposed activities at the site will comply with federal, state and local rules and regulations. Prior to commencement of mining the applicant will obtain all necessary permits from the Colorado Division of Minerals and Geology, U.S. Army Corps of Engineers and Colorado Department of Public Health and the Environment. Activities and equipment associated with the operations are summarized on Tables 1 and 2. Hall-Irwin will begin mining the site at the southwest corner and proceed north through the site in sections to minimize the amount of land disturbed at any one time. The site will basically be mined from south to north. starting at the point furthest from the processing area and working towards it. A typical section will be about 10 acres in size. Only one section or portions of two sections and the processing area will be disturbed during any phase of mining. Large portions of the site will be reclaimed years before the last section is mined. Please refer to the attached Mining Plan Map for details on the phasing order. December 16, 199- S-3 H90636 016IFlRESTO.v.{VPD 980551 Hall-Irwin Mining Proposal for the Shores - Special Use Permit Firestone. Colorado Site preparation Initial disturbance of the property will include construction of perimeter screening berms, site entry landscaping and preparation for the processing site. • Perimeter berms will be installed along Weld County Road (WCR) 9 3/4 and portions of WCR 24. The berms will be discontinued at the intersection of WCR 9 3/4 and WCR 24 to allow historic drainage and flood waters to pass through the site unobstructed. • The area adjacent to the intersection will be landscaped as an entry feature for the mining operation and include signage. Once mining is complete, the signage will be removed and the area will serve as the gateway to the future residential development proposed for the property. • The processing site will be elevated out of the 100-year floodplain to allow historic flood drainage to pass through the site without impacting the processing equipment. Proposed Mining Process for Each Section Before any mining commences, the operator will install a dewatering trench around the mining area. This water will be pumped into the Rural Ditch. The applicant will obtain a discharge permit from the Colorado Department of Public Health and the Environment (CDPHE) prior to any discharge from the site and will comply with all CDPHE regulations including monitoring and reporting requirements for the life of the mine. After the section is dewatered. scrapers will strip the topsoil and stockpile it. Next they will strip the overburden and use it to create a berm around the section. The overburden will ultimately be used in reclaiming and sloping the shore. When the alluvium is sufficiently dry. an excavator will place the gravel in haul trucks which will transport the material to the processing area. As the area is mined. overburden will placed along the edges to create the shoreline of the future lake. Topsoil will be placed on finished slopes and the area will be seeded. After the mining has been completed, the dewatering trench will be relocated adjacent to the next section to be mined and the process will begin again. Reclamation Plan - Please see Reclamation Plan Map for details. Hall-Irwin will create two lakes during site reclamation. The larger. western lake will provide recreational opportunities for future residents. Anticipated uses will include wildlife habitat, fishing. swimming. boating and other water-related activities. The future residential development will be sited to allow direct access to the lake from individual properties. The eastern lake will be designed to provide opportunities for competition water skiing activities. The two lakes will be connected with a channel that will allow residents to access both lakes from individual docks. December 16, 1997 S-4 H-'n636 n261FJRESTQVJVPD 980551 Hall-Incin Mining Proposal for the Shores - Special Use Permit Firestone. Colorado The natural drainage that flows through the property will be enhanced through grading and revegetation as part of the mining and reclamation process. The enhanced drainage area will also carry historic flood waters through the site. As noted previously, the area will be reclaimed as mining proceeds. Finish grading, topsoil placement and seeding will occur throughout the life of the mine. Once the resource is completely removed, dewatering will stop and the finished lakes will fill with water. Shoreline treatment will include slope variation to encourage diversity in the type of vegetation that will thrive on the reclaimed property. In addition to seeding, trees and shrubs will be planted to create wildlife habitat and visual interest along the shorelines. Typical cross-sections of the shorelines are included on the Reclamation Plan Map. Please refer to Tables 5 and 6 (pages T-5 and T-6) for the seed schedule and list of plant materials that may be used for reclamation. Special Use Permit Performance Standards All technical aspects of the application will be reviewed and permitted by the appropriate regulatory agencies. In order to address the land use issues associated with mining, we have developed performance standards to be included in the Town of Firestone's Special Use Permit. These standards are intended to address impacts associated with the mining operation and to establish reclamation standards for the property. • Timing— The applicant anticipates that mining will commence in the Spring of 1998. The estimated size of the gravel deposit on this site is 8.000,000 tons. It will take approximately 25 years to mine and reclaim the property. Annual production will depend upon the demand for construction material and may impact the total life of the mining operation on this site. ▪ Hours of operation — Hours of operation are outlined on Table 3 (page T-3). The table is intended to outline the maximum hours of operation for the various activities associated with the facility. Hours will vary depending on the season and market demands. Generally, the facility will operate Monday through Saturday. Sunday activities will be limited to equipment maintenance and emergency production of concrete or asphalt. In the event of an emergency. the Town will be notified of the type and extent of activities that will take place. • Traffic— Traffic at this site will access WCR 9 3/4 and travel south to WCR 24. Trucks will travel east or west on WCR 24 to access delivery routes throughout the area. Trucks from two existing gravel operations also access WCR 24 from WCR 9 3/4. We anticipate that the combined traffic associated with the existing and proposed gravel operations will require installation of turn lanes on WCR 24. The applicant is willing to pay a fair share of these improvements. based on traffic counts associated with each of the gravel operations. With the addition of the anticipated turn lanes. it is not anticipated that mining traffic will lower the level of service of the public roadway providing access lower than the level of service "C". Hall-Irwin is currently operating at a site on WCR 13 approximately % mile December /6, 199' S-.i N.0636 026FIRESTO v liPD 980551. Nall-Irvin Mining Proposal for the Shores - Special Use Permit Firestone, Colorado north of this site. They will begin operations at this facility once they have completed operations at the other site. Truck traffic will originate from this site and travel the historic routes of the traffic from the existing operation. The only increase in truck traffic in the area will be from the concrete and asphalt batch plants. Truck traffic and haul routes are summarized on Table 4 (page T-4). • Access -All access roads longer than 100 feet that are used for ingress and egress from the public roadway to the mining operation shall be maintained to minimize fugitive dust generated by vehicles. On-site haul roads will be watered as necessary to limit dust. WCR 9 3/4 will be treated with magnesium chloride to control dust. Because WCR 9 3/4 is also used to access two other existing mining operations, it is anticipated that the cost of dust control will be shared by the three operations based on traffic generated by each operation. The Applicant is not required to obtain any State Highway Access Permits for this site. • Concrete Batch Plant -The proposed concrete batch plant will be a self-contained, semi- portable facility located in the processing area on the site. The plant will process approximately 150.000 yards of concrete annually. Trucks will access the plant via the mining haul road. Equipment associated with the facility includes one front end loader and the batch plant. The plant will be powered by electricity (available at the site) and water will be obtained from raw water associated with the property. The tallest equipment associated with the plant is 60 feet tall. The plant will be screened by materials stockpiles that vary from 20'to 60' tall. The facility will comply with all local, state and federal regulations regarding operation of a concrete batch plant. • Recycling Plant -The proposed recycling plant will be a portable crushing unit that can crush and mill waste concrete and asphalt. This facility will operate in response to market demands and trucks will access the facility via the mining haul road. This plant will be powered by electricity and use raw water associated with the site for dust control. The recycling equipment will include a 25' tall processing unit and conveyors. Recycled material will be stockpiled at the processing site for future use. The facility will comply with all local, state and federal regulations regarding operation of a recycling plant. • Asphalt Batch Plant- The proposed asphalt batch plant will be a self-contained. semi- portable facility located in the processing area on the site. The plant will process approximately 300.000 yards of asphalt annually. Trucks will access the plant via the mining haul road. Equipment associated with the facility includes a fuel tank. front-end loader and a scale. The plant will be powered by electricity. The tallest equipment associated with the facility are the silos which are 70 feet tall. The plant will be screened by materials stockpiles that vary in height from 20' to 60'. The facility will comply with all local. state and federal regulations regarding operation of a asphalt batch plant. • Permitting- Hall-Irwin will obtain all necessary state. federal and local permits prior to commencing mining on this site. December 16. 1997 S- 6 H10636 026'FIRESTO\.IF PD 980551. Hall-Irwin Mining Proposal for the Shores - Special Use Permit Firestone, Colorado • Noise - All mining and reclamation activities will comply with state noise standards. The haul road will be set below grade to minimize on-site truck noise. The applicant will place stockpiles around the processing equipment to act as a noise barrier between the source and surrounding properties. There will also be a berm along portions of the perimeter of the property to mitigate mining noise. Haul trucks will observe speed limits and will be inspected regularly to ensure that exhaust silencing systems are functioning properly. Dust - All mining activities shall meet applicable air quality standards as set by the Colorado Air Quality Control Commission. Hall-Irwin will also employ the following techniques to control dust: - extract and haul the aggregate while it is moist, - install fog bars on the crusher, - water topsoil and overburden stockpiles as necessary, - apply magnesium chloride on the main haul roads, and - ensure a water truck travels regularly with haul trucks. • Explosives - The applicant will not use any explosives at this site. ▪ Slopes - All reclaimed slopes shall not exceed 4:1. A diverse. permanent vegetation cover shall be established on all disturbed areas to achieve erosion control equal to conditions prior to mining. The cover shall be predominantly of native species. • Erosion - Sediment caused by accelerated soil erosion shall be removed from runoff water before leaving the site. Runoff shall not be discharged from the site in quantities or at velocities above those occurring before mining. • Weed Management- The applicant will groom berms to prevent weed flowering and seed development. If necessary, chemical weed control will be used to control noxious weeds. Portions of the mining area that have been reclaimed will be seeded to permanent cover. Un- mined portions of the property will be seeded and managed as irrigated pasture. December 16, 1997 S- % H:'.0636_0261FJRESTOV.IrPD 980551 Hall-Irwin Mining Proposal for the Shores - Special Use Permit Firestone, Colorado Landscaping -Proposed landscaping will include an entry feature with signage at the southwest corner of the site at the intersection of WCR 9 3/4 and WCR 24. This area will be maintained as an entry feature. In addition, perimeter berms will be seeded. As mining is completed, the areas will be seeded and trees and shrubs will be installed around the perimeter of the future lakes. The Seeding Schedule and Plant Materials List are attached as Tables 5 and 6. Town of Firestone Special Use Permit Criteria A. Will the proposed use be in harmony and compatible with the character of the surrounding • area? The proposed mining and processing operations will be in harmony and compatible with character of the surrounding neighborhood. There are two existing mining operations located west and north of the property. The location of the proposed processing site and the proposed method of operation will mitigate the impacts associated with mining activities at this site. The proposed reclamation plan will provide for water-based recreational activities and enhance wildlife habitat. Compatibility should be reviewed in the context of short term (mining and reclamation period) and long term (reclaimed site for decades to come). Compatibility issues relative to noise. dust. traffic, and visual impacts during mining have been addressed by the proposed performance standards. The most significant compatibility issues include the following: a) Noise - the operation will follow the guidelines set forth in the performance standards as outlined above. b) Visual impact - perimeter berms, landscaping and material stockpiles will screen the proposed activities from view. c) Truck traffic - will access site from WCR 93/4. Hall-Irwin is currently operating at a site on WCR 13 approximately !, mile north of this site. They will begin operations at this facility once they have completed operations at the other site. Truck traffic will originate from this site and travel the historic routes of the traffic from the existing operation. The only increase in truck traffic in the area will be from the concrete and asphalt batch plants. Hall-Irwin drivers are required to observe all posted speed limits and safety requirements as mandated by law. d) Dust control - dust from the mining operation will be controlled in accordance with Colorado Department of Public Heath and Environment standards and enforced through an emission permit for the site. In addition. Hall -Irwin has a comprehensive haul road watering program which will be in effect throughout the duration of mining. December /6, 1997 S-8 H:i0636 0261FIRESTav;VPD 980551 Hall-Irvin Mining Proposal for the Shores - Special Use Permit Firestone. Colorado e) Impact on wildlife and vegetation - this proposal focuses on minimizing the ecological impacts of mining and maximizing long term benefits. It is not anticipated that this proposal will result in any irreversible or irretrievable impacts to wildlife or vegetation. Neither the Weld County Comprehensive Plan nor the Firestone Comprehensive Plan have identified any critical plant or wildlife habitat on this parcel. Before the site is disturbed. a wetlands delineation will determine if jurisdictional wetlands are present on the property. Wetlands will be protected if possible and any disturbance will be permitted through the US Army Corps of Engineers. The proposed mining and reclamation plan will ultimately enhance the environment and provide opportunities to create wetlands and additional habitat on the site. B. Will the proposal be consistent with the Firestone Comprehensive Plan? During the life of the mine, perimeter berming and landscaping will screen mining activities from the traveling public. The proposed mining and reclamation activities will be consistent with the overall goal to "create a community that is attractive and builds pride among its residents and presents a quality image to nonresidents". The southwest corner of this site, adjacent to WCR 24 will enhance the gateway to the Town of Firestone. The ultimate view into the site from WCR 24 will include enhanced wildlife habitat and open water. This. coupled with the planned lake front residential development will present a positive image to travelers as they enter Firestone from the north. In addition, the proposed mining and reclamation plans are consistent with the Environmental Resources and Hazards Plan goal that states "community growth should respect and incorporate existing environmental constraints to assure that new development and redevelopment will exist in harmony with the areas natural and manmade environments". The proposed mining and reclamation plans will both respect and enhance the natural environment. Mining operations. stockpiles and equipment will be sited to minimize impacts to the existing floodplain and protect the mining operations from potential flood damage. The historic drainage through the property will be maintained and enhanced to create a more diverse habitat for area wildlife. The addition of open water and associated lake shore vegetation will also add diversity to the habitat. C. Will the proposed use have material adverse affect on Firestone capital improvement programs? It is not anticipated that the proposed use will have an adverse impact on Firestone capital improvement programs. There are no Firestone capital improvements requested as part of the mining and reclamation of this property. Any improvements required to serve the property during the mining and reclamation process will be installed and maintained by the applicant. December 16. 1997 S. 9 H10636 026iFIRESTOVJi'PD 980551. Hall-Irwin Mining Proposal for the Shores - Special Use Permit Firestone. Colorado D. Will the proposal result in an over intensive use of the land? The conditions, phasing and concurrent reclamation proposed by the applicant will ensure the operations do not result in an over-intensive use of the land. E. Will the proposed use result in undue traffic congestion or hazards? This proposal will not result in undue traffic congestion or traffic hazards. The anticipated traffic associated with the mining activities is summarized on Table T-1. Traffic at this site will access WCR 9 3/4 and travel south to WCR 24. Trucks will travel east or west on WCR 24 to access delivery routes throughout the area. Trucks from two existing gravel operations also access WCR 24 from WCR 9 3/4. We anticipate that the combined traffic associated with the existing and proposed gravel operations will require installation of turn lanes on WCR 24. The applicant is willing to pay a fair share of these improvements, based on traffic counts associated with each of the three existing gravel operations. Hall-Irwin's drivers are required to observe all posted speed limits and safety requirements as mandated by law. F. Will the proposed use cause significant air water or noise pollution? Air - Dust from the mining operation will be controlled pursuant to Colorado Department of Public Health and Environment Standards. Hall-Irwin has a comprehensive haul road watering plan and installs spray bars on all crushing equipment to minimize fugitive dust. The applicant will also will obtain all applicable emission and fugitive dust permits as required. Water- Any water discharged from this site will comply with Colorado Department of Public Health and Environment, Water Quality Control Divisions discharge permit that will be obtained for this site. Noise - Perimeter berms, overburden and gravel deposit stockpiles will serve as an acoustic barrier, and will ensure that the State of Colorado's noise standards are met. G. Will the proposal be detrimental to the health. safety or welfare of current or future inhabitants of the Town? This proposal will not be detrimental to the health. safety and welfare of both present and future residents of Firestone. December 16. 1997 S- 10 H:10636 O'6lF/RESTO PD 980551 . e>;11-7t°!•' 7 7 I --,-,--) •------'.7,....-_-------/-7-7-'' ; -- _1,7'7 ,- tC'aErx r<-\ 1 oe \ I . ' ,- I S ' , / , u,' - — -2 ,,_, , - s 4 1, l. , , 7 6" 1.4.817 I. ' 41 "1/2, _. '•:',S,„.„1,.- - •• 1_ k•_ k_ 0 • , '' • . -‘, • I '" • - g • I:---- .- - — --- r, 7D.,-- 243. i 1,, -- t. % SUE 'I— __ : 1/4...f ,= ' - --- -Yr'. In a , Po - - - • ., C•1 ,, —_ . . _-- _L.. WCR 24 4 k • / . - ..\r" --'— \,... 1 i ir...-• --., - , • ••• --c--,.... .7.1 . , , . _ i t. , - -3 -/c„,„ • - , ..... , , --... • 1 /tHartwf "..... 4 / li :„ „ .. - • ': ' ... --. , .... .1 ..,- .... . . D — 4 ".. • 'n' ( }", , • 1 . . 1 i: • ' / . .- .. . ___\ . , . _ ..,. , • i an ...At „• , . - . —.. .. i . _ _...... .. . ) ', ,, . , i I 19 / i -- 20 rN /I 1"-• " 'Jr e•01) ' !• C! % • ) • ei , __ ; -I /----• , ; c II ,:. 1 , . i ,, ;NJ- •••• •. i, ,---...., . „ ,--.... w- 1i, -m--i n .- p• - / 'iI , - - --- , one I ir 1 •. , ; - • . 1, • - , . -1-"-c-1--1 - : 29 1 •" . r.; I .I.. , -\ 4`-'4, 7-2 - ) , . Li \ \ / 1 .1 • 11' , . - , .; , „,„,„,\._., . , I I, . 1 _,--.1\. \ i , 1-• :- "mi - NI ' -.. •, -• . S P I N 0 L Et ' I Crl I. F•I E.L D -/ ' . .. .- . his earortnowi insane Imteexam•an ek) THE SHORES, 0 980551 TOWN OF FIRESTONE, COLORADO FIGURE VICINITY MAP RMC 1 DECEMBER, 1997 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 . Fcr 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 Urnan 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 . 543877 6-1601 P-974 04/21 / 1997 01 :39P PG 2 OF 19 980551 December 10, 1996a 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 . 980551 _: 3S7' B-10:01 P-974 04:''1 1'a97 Oi : 39P f' 'F 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 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 cf the COUNTY staff '55 .:3371 - I-'O1 P- 75 O. 2 111997 01 : 39P PG 980551 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 Commissioners 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 . = 43S ' -l601 P-q :21 . 1997 01 : yiP PC HF . 5 980551 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. 2543872 5-1601 P-974 0412111997 01 :39P PG o 1F 19 6 980551 December I0, 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 cf 532-1-203 (2 . ) (a) , C .R.S . .1543872 9-1601 13_974 04/21 / 1597 01 : 39p PC 7 OF 19 980551 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 980 9c1. 25418. 2 5-Ib01 r_ , r 21 !997 01 : 39P PG :S OF 1 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 . 98055,1 2543372 3-1601 P-'a' 04 ; l 1 9- 01 :39P PG : l 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 8-1F01 04 /21 ' 1997 01 :39P PG 12 nF Iq 380 551 12 December 10, I996a 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-lti01 P-974 04/21/ 1997 01 :39P PG 13 NE 1 ' 980551 13 December 10, 1996a APPROVED AND EXECUTED BY THE BOARD `` OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, COLORADO THIS ) /4) DAY OF /Li4.12./k/ , 1997. BOARD OF COUNTY COMMISSIONERS OF TEE COUNTY OF WELD By: /�=�ni el 2 ' Geooffge E. Baxter, Chair , a r ATTEST: (v07l ' /"� ry '�i+ 37iti Weld County T� tt ts`a}S rd By: ati3 Deputy Cle k to the 27. :i3 - -Ib01 C- , CFI/ "'1 199; 01 : 3E4P rc 1 ill 98051 14 December 10, 1996a APPROVED AND EXECUTED BY THE CITY OF DACONO, COLORADO THIS i5 t{\ DAY OF , 199V. �OO, dbOjOi�,�� CITY OF DACONO, COLORADO nn i`7,r��rS' • By: .bNOdtl°31 ? r� #'1,,t ,, :oi rco ,$ Linda D. Stepien, Mayor tttttttttttttATTEST: �r-- Id , By: �( `-�4134t Nancy lli4kt, City Clerk _435'_ -HO F'- -a 04, 21 I "�' 01 : 3..p pi; 980551 15 December 10, 1996a APPROVED AND EXECUTED BY THE TOWN OF FIRESTONE, COLORADO THIS DAY OF , 1996 . TOWN OF FIRESTONE, COLORADO • :P �s roi, ,r .Om , . By. .�-__--�� Rick Patterson, Mayor �:~A4r, c I'F-E'.ST: '. o fl/1I r •1 BY: (`- W% %1/ /i4cz +✓ Trudy Peterson, Town Clerk 2543i72 F.-it,O1 - P-'i5 0S%21 . 1997 Cl : , :p n.-; I,, :)p i 980551 16 December 10, 1996a APPROVED AND EXECUTED BY THE TOWN OF FREDERICK, COLORADO THIS /9 7y DAY OF /JAE l&. , 1991. TOWN OF FREDERICK, COLORADO Edward Tagl Yente, ayor ATTEST: By: ) '2%;J Karen Borkowski, Town Clerk 020797/1430ftatld,fireotone\landuae\usanew __:-. i372 R-1601 F-'ci7 n.;;71 ' l99 )1 : "ir . , 98055j 17 December 10, 1996a gXHIBIT 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 R-1601 P-974 04/11/ 1997 Cl : ;5i' PC 1 ') (I t : M: ',WPFILES\TAMMIE\ICA1210 .TP 18 280 r 1 1 yr m I b ge •3n w T I _ ' i - o 1 t 1, 0 N �r � r• L� a,/'�� r1- -� - --I, ^gy m 14, cv . N I{ , I" .;in N......." ry r/ - I f f, R'-- - 1 r• 1, v+ 1y.� 1 , .F. M: I 1 1 f�-� IT 03 11 CV - 1 1 1 1 - - i 1 --+---r-�-cr.. e.. -----7--- cv I . 1 0 I f, I I J _ .� . „, I „r I n I , I n I .y ' ,� 71 1 r w i �, m 1 r f a I '° O c, I � I n I N ,, n I F- I Z I CI • h Tk1iiu11ii N. I ' Q1Io 01 f.' `L- no I ^ i . _ir -i: o V %AI F z 1 • ,:\� / � 7 ! ,i r j/ 6 -- ---mot d ..... _ _ . ; it. r., IMO r/ , f, o 1 toise,77\ r-.,-i-r-<-‘1/4.4-1,_, - . N o W !!• N o 'b 1 N o cc, -1-=7 N o N N N w Z u Z T Z N M N •ZJ. N 1- - 1- 1- 3 b 5 DIII L I I I ., ...dN cc p a ill N I i Z Lis Z v r H O CD H --10 0 fie0 _ -VI 0 O > LI '-W U Q >rea z a Fa--lr U o_ N ■ ......—. 2543372 L•-1601 P-974 04/21iI997 01 : 3'P PG 19 0P l9 980551. Exhibit B 980551 -. 01 St. Vrain Valley School District RE-1J 395 South Pratt Parkway • Longmont • CO • 80501-6499 February 11, 1998 303-776-6200/449-4978 • FAX 303-682-7343 Trudy Peterson, Town Clerk Town of Firestone P.O. Box 100 Firestone, CO 80520 RE: The Shores Annexation, PUD Zoning and Special Use Permit Dear Trudy: Thank you for referring the The Shores Annexation, PUD Zoning and Special Use Permit to the School District. Without specific information on the number and type of dwelling units, the projected student impact upon the St. Vrain Valley School District of 2,799 lots on 635 acres cannot be accurately calculated at this time. Please forward this information as soon as it is available. A rough estimate based on the lower density areas being single-family and the higher density area being comprised of townhouses shows a possibility of 1300 students. Any students living in this subdivision would likely attend Mead Elementary School, Mead Middle School and Skyline High School under the present school boundaries. However, due to potential growth in these schools this development and other existing developments in this feeder could be placed in another attendance area in the future. Bus transportation would be required. THIS PROPOSED DEVELOP19e5-98 DEVELOPMENT PROPOSALS• Building Oct. 97 Student Projected Over Total S of Total Cum. Over Cap W/ Capacity Earotlmenumoaos Cnrollment_Cao. Prot. Conte' Fnrollment 85-98 Dev Elementary 456 537 537 Yes.._ 2288 2825 Yes (-2655) Middle 349 328 328 No 1032 1350 Yes (-1011) Nah 1299 1191 1191 No _ 1218 2409 Yea (-1110) JTO BE DETERMINED 0 I _ 455e (SEATS AVAIL.) • (Oeseot en 'POI00E89 *Wang y+l©Ie* In 9D saa tenon( aeeeardmn® &W. Ono ell pre:nom:I d'®veleperenes (P69E-9f891'J The District is on record as not opposing growth so long as the growth is planned and is manageable from a student enrollment stand point. While this development's impacts have not been determined and are not imminent, there are other approved developments in these attendance areas which would, together with this proposal, have a significant cumulative impact on these schools. With the implementation of the land dedication/cash in-lieu ordinance by the Town of Firestone, residential projects will now be required to pay a fee per dwelling unit or donate land based on the student yield of the development. With the potential of 1300 students, the land dedication requirement would be close to 35 acres. With this type of potential impact, It may be necessary to locate a middle school site (25 acres) and/or an elementary school site (10 acres) within this development to serve these residents. When additional details are available on the type and number of units, these needs can be more accurately determined. The District would like to meet with the developer or the consultant at some point to discuss the possibility of locating school sites in the plan, land dedication and/or cash in-lieu of land to meet the requirements of this development Sincerely, Scott Todlio , AICP Planning Specialist "Excellence - Our Only Option" 280551 Exhibit F 98O 51 INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J EFFECTIVE/1i11.c �/ /�i7. 980 3 51 INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J RECITALS 1 1. 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 5. Exemptions From Fair Contribution for Public School Sites 6 6. Annual Report, Accounting, and Audit 6 7. Term of Agreement 7 8. 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 b. No Implied Representations 9 j. No Third Party Beneficiaries 9 k. Financial Obligations g I. Integrated Agreement and Amendments 9 m. Waiver 9 980551 INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J 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, 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 9805.51 r. V4 INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1,) 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 Districts 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 2 980 3c3 INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J 2. 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. b. 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 developed in a manner so as to fairly apportion the cost of acquiring public school sites made necessary by new residential development. 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 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 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 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 background 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); (3) The means for determining the per acre fair market value of land for each type of residential dwelling; and 4/28/97 - Page 3 9805051 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. e. 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 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: (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 98055.1 r. VI 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 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 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 5 980 551 r. �o 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 residential dwelling units; (3) Construction of any building or structure for limited term stay or for long-term 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 (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 District's 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, end 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 4/28/97 - Page 6 980 551 INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS FOR PUBLIC SCHOOL SITES BETWEEN THE TOWN OF FIRESTONE AND THE ST. VRAIN VALLEY SCHOOL DISTRICT RE-IJ (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. 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. 4/28/97 - Page 7 980:751 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. 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. 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. g. 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 Oc0rc 1 _._ . .. ., .,, I. I , INTERGOVERNMENTAL AGREEMENT CONCERNING FAIR CONTRIBUTIONS 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. • 4/28/97 - Page 9 980551 ufl i..- Ji fnt l�• ,V I. IL 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/j Mayor> -- 1i..a4-, / $ 1997 Town Clerk Dale r APP VED AS TO LEGAL FORM: Ton Attorney ST. VRAIN VALLEY SCHOOL DISTRICT RE-1J By: l` (�'U/ � -1l1/1 President, ATTCEST: -. Board of Education 94197 cr ary Date 4/28/97 - Page 10 980551. ,ul, .v vi , ,,, 1 i• . , . .a w II e I ' ° _ 7r O c c d 0at i I s1 �+.I of o 0 of co J�> ui Sri Lb w W CV C. H' CO i I ' a -i C • - 0 o 21a �1 e1 I o N. °.� tI a o o1 <' c 1 I ) I ' g9 .r .. .. IU. --i C ° ri�lll • C M p L W N'p Wpm = P U) -o dI O R7' OI , L C u -IR G I Da H I I ! i q Z% I�OI N of iiie '0 CV oftCI C 2 co I' n , 0 Nu- y ' j i r I s' r �t m �' n a N. n co I to 4 .P Nly o;� y O. - m w, o 0 o Y EO •C 0 0 o f I c, Z ! y I > m 0' IA. I c J 1 f U- O I I m m U) _d B L LCb WI ° n IN �w'. 2 1 rl in rn rn Q IMP ap II I- t N x $ W < 980 51 LU 2 O I. N W CC U. ( ' i 1 1 0 I I c » i ce, . in min OO ale el Ha d iI o 0 0 o 1 0 2 5 of io I o 0 m',� I NN n iu) N N I N I N G I at 69. Cl, N IC I of n n o a n f. N 03 C o 0 0 .. 1a Ic.) 22 o 4. ----1 a 42u- gi NN '° g c it)I Io'I y ta e 5I I I I CI�. A i I I ,o DI 2 5''V C of Ni ml �.. al _ ! H r. yCy ti cn- ..-I c go toi, N a a 19 af! o .o o I g • E O!1I oI 101 0i a ,, mi 1 of m` C J I I V `, a IE a1 I .c a o p ; I Iii i w r 2, I - 0 ca n o Q d N .0 - W < 980 551 W Z O F N W Cr LL I ( I j f I p m C I 0 wtI I ui I� d101 in o m Ci ' fA O 7 O i O, 01 O '° vi in In vi Y N N N N 1 of ErteII jl . - -- I I 04 Id 3l2l NI NI O1 to O 1oi 'OI 'O `i $1 11 ) � I I gaei dP 1 1 1 Aw011. = aE a I y �', . 0 In1 0, Ca — C y y I C In E 1 1 f I a I o 0 1 , a C N of N I I N. E W <i I I I C I F. CI l 0co N 4n 0 0 l� � ,'Y (O I 'O � 1 O NI cmI N d y 11 w 1 a1„.. D o 0 '0 1 y Elp1'E 0 0 I to 1 1 2 I 1 I -I ' l 1 I 2 a. 1 m I �_ 1 N IE r '' 4. I m m cK I u Ia 1 E C Iii . w zI I F' 21 `� 0 a N c ai W < 980551 W z 0 I- N W Q Li- 0 A. __, NCI31 co _1 0 C O y a I 'U �I 21 �' 1 o cvin 9 IN N N N 49 ICS t ES ' O I1 � 1 : cl1e N ICI n 1N J' Ir. 'O IO O O co I U. I e-y .� .... .. .. _ I !._� I _I - 1 aE aLLp me N .0I . o, inl o 13 07 d 'P. �•.I < Q I I N a y energ '' z 91 ' m q lb of O I a a C N 'to I N j C 7 'N N.l 11 : c HIIL'W i I' ' d __ ff rn- _ N CC i Leply M Ali I �i O!! !I .. ' o to N B• •81 co 0 1O a Ts S E O"E o I iO 'O CO 0 O .� 3 P kJC d, O CI p' O CD dI W L 1 p 0 j 1 wil 2 I= I �' 1 w N. al Q ac .0 N C X a. W 980551 Exhibit G 980551 ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this day of , 19 , by and between hereinafter referred to as or "Owner, " and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred to as "Firestone" or "Town" . 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 980551. 2 . Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Firestone to be necessary to accomplish the annexation, and agrees to pay Firestone an annexation fee in the amount of Dollars ($ ) plus Dollars ($ ) per acre annexed. 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 Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Firestone is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Firestone of the annexed property within the time prescribed by state statutes . 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 which 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 980551 Exhibit H 980 y51 f7/ 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 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. 980551. 1. CC' : t )69 j Da wcr7?O; �irestcne, ) 970288 _5:13571 °-11,01 P-973 04/21 ' 1997 01 : 3SP PG 1 OF 2 REC DOC ORD195 1,:e1d County CO JA Suki Tsukamoto Clerk Recorder 0 .00 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, ter . 980551 C C OG;GA ; DttlLn o , r,tes/Uri 2543372 3-1601 P-974 04;21 : 1997 01 :39P PG 1 OF 19 P.EC DOC g70288 Weld County CO JA Suki Tsukamoto Clerk & Recorder 0 .00 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land situate in the Northwest quarter and the Southwest quarter of Section 7, Township 2 North, Range 67 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the West quarter corner of said Section 7, said point being the TRUE POINT OF BEGINNING of this description; thence along the West line of the Northwest quarter of said Section 7, North 00°24'59" East 2675.27 feet to a point 30.00 feet South of the Northwest corner of said Section 7; thence South 88°30'45" East 30.00 feet to the East right-of-way of Weld County Road (WCR) 13; thence South 00°24'59" West 794.71 feet; thence North 89°36'56" East (previously described as North 89°27'37" East) 184.99 feet; thence South 83°21'35" East 103.00 feet; thence South 63°35'35" East 162.00 feet; thence South 80°58'35" East 130.00 feet; thence North 29°05'25" East 84.00 feet; thence North 42°23'25" East 293.00 feet; thence North 61°48'25" East 53.00 feet; thence North 87°03'25" East 316.00 feet; thence South 66°42'35" East 176.00 feet; thence South 77°12'35" East 110.00 feet; thence South 89°44'50" East 313.78 feet to a point on the Northwest right-of-way of the Union Pacific Railroad; thence along said Northwest right-of-way the following (3) courses and distances; (1) South 30°21'19" West 793.13 feet; (2) South 88°56'13" East 28.56 feet (previously described as 28.67 feet); (3) South 30°20'19" West 1550.63 feet (previously described as South 30°21'19" West 1550.24 feet) to a point on the South line of said Northwest quarter of Section 7; thence along said South line, North 89°01'58" West 602.51 feet to said East right-of-way; thence along said East right-of-way, South 00°24'20" West; 1548.98 feet; thence North 88°50'57" West 30.00 feet to the West line of said Section 7; thence along the West line of said Section 7, North 00°24'20" East 1548.98 feet to the point of beginning and containing 55.919 acres more or less gross. TOGETHER with a parcel of land situate in the East half of Section 12, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 12; thence along the East line of the Northeast quarter of said Section 12; South 00°24'59" West 30.00 feet to a point, said point being the TRUE POINT OF BEGINNING of this description; thence continuing South 00°24'59" West 2675.27 feet to the East quarter corner of said Section 12; thence along the East line the Southeast quarter of said Section 12; South 00°24'20"West 1548.98 feet to a point that is North 00°24'20" West 1154.10 feet from the Southeast corner of said Section 12; thence North 88°50'57" West 1328.63 feet to a point on the West line of the East half of the Southeast quarter of said Section 12, said point being North 00°32'56" East 1154.06 feet from the Southwest corner to the Southeast quarter of the Southeast quarter of said Section 12; thence along the West line of East half of the Southeast quarter of said Section 12, North 00°32'56" East 92.29 feet; thence North 89°04'07" West 400.00 feet; thence North 00°32'56" East 100.00 feet to a point on the South line of the North half of the Southeast quarter of said Section 12; thence along said South line, South 89°04'07" East 400.00 feet to the Southwest corner of the Northeast quarter of the Southeast quarter of said Section 12; thence along the West line of the East half of the Southeast quarter of said Section 12, North 00°32'56" East 1346.29 feet to the C-E sixteenth corner; thence along the West line of the East half of the Northeast quarter of said Section 12; North 00°33'11" East 2663.54 feet to the South right-of- way of Weld County Road (WCR) 24; thence along the South right-of-way, South 89°48'05" 0OQ yst East 640.32 feet to the West line of Lot A of the Recorded Exemption 1313-12-1-RE1340 records of said County; thence along the West line of said Lot A, South 00°24'59" West 240.00 feet to the South line of said Lot A; thence along the South line of said Lot A , South 89°48'05"East 648.00 feet to the West right-of-way of said WCR 13, thence along the said West right-of-way, North 00°24'59" East 240.00 feet to the South right-of-way of said WCR 24; thence South 89°48'05" East 30.00 feet to the point of beginning and containing 124.886 acres more or less gross. TOGETHER with a parcel of land situate in Section 1, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 1; thence North along the East line of the Southeast quarter of the Southwest quarter of said Section 1, North 00°31'07" East 30.00 feet to the North right-of-way of said WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence along said North right- of-way, North 89°47'54" West 2741.95 feet to the West line of the Southwest quarter said Section 1; thence along said West line, North 01°31'48" East 2626.36 feet; thence along the West line of the Northwest quarter of said Section 1, North 01°34'53" East 1319.17 to the Northwest corner of the Southwest quarter of the Northwest quarter of said Section 1; thence North 89°06'02" East 1335.38 feet to a point on the West line of Lot A of the Recorded Exemption 1313-1-2-RE2024, records of said County; thence along the West line of said Lot A and the East line of the West half of the Northwest quarter of said Section 1, South 01°01'29" West 612.31 feet; thence along the South line of said Recorded Exemption 1313-1-2-RE2024 the following eleven (11) courses and distances; (1) North 57°27'44" East 528.14 feet; (2) North 61°56'41" East 259.69 feet; (3) South 01°17'30" East 65.63 feet; (4) North 74°46'22" East 225.12 feet; (5) North 72°55'39" East 116.39 feet; (6) North 85°14'02" East 132.54 feet; (7) South 89°34'18" East 55.00 feet; (8) South 53°49'04" East 30.81 feet; (9) South 82°26'48" East 48.37 feet; (10) South 83°13'53" East 27.17 feet; (11) South 70°51'49" East 56.62 feet to a point on the West line of the Northeast quarter of said Section 1; thence along said West line North 00°31'08" East 243.84 feet; thence North 88°51'38" East 1968.70 feet to a point that is South 88°51'38" West 660.00 feet from the East line of the Northeast quarter of said Section 1; thence South 00°24'41" West, parallel to the East line of the Northeast quarter of said Section 1, 1338.76 feet to a point to the South line of the Northeast quarter of said Section 1; thence along said South line, South 89°06'53" West 1970.97 feet to the Center quarter corner; thence along the West line of the Southeast quarter of said Section 1, South 00°31'41" West 1352.35 feet to the Northwest corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the North line of the Southwest quarter of the Southeast quarter of said Section 1, North 89°40'24" East 1317.24 feet (previously recorded as 1316.96 feet) to the Northeast corner of the Southwest quarter of the Southeast quarter of said Section 1; thence along the East line of the Southwest quarter of the Southeast quarter of said Section 1, South 00°27'13" West 1334.26 feet to the said North right-of-way of WCR 24; thence along said North right-of- way, North 89°48'53" West 1318.41 feet to the point of beginning and containing 337.605 acres more or less gross. TOGETHER with a parcel of land situate in the East half of Section 2, Township 2 North, Range 68 West, of the 6th P.M., County of Weld, State of Colorado, being more particularly described as follows: Considering the South line of the Southwest quarter of Section 1, Township 2 North, Range 68 West, of the 6th P.M., as bearing North 89°47'54" West and with all bearings contained herein relative thereto: Commencing at the Southeast corner of said Section 2, thence along the East line of the Southeast quarter of Section 2, North 01°31'48" East 30.00 feet to the North right-of-way of WCR 24, said point being the TRUE POINT OF BEGINNING of this description; thence continuing along said East, North 01°31'48" 980551 East 2626.36 feet to the East quarter corner of said Section 2; thence along the East line of the Northeast quarter of said Section 2, North 01°34'53" East 1319.17 to the Northeast corner of the Southeast quarter of the Northeast quarter of said Section 2; thence along the North line of the Southeast quarter of the Northeast quarter of said Section 2, North 89°31'40" West 1334.20 feet to a point 30.00 feet west of the Northwest corner of the Southeast quarter of the Northeast quarter of Section 2; thence along a line parallel with and 30.00 feet West of the West line of the Southeast quarter of the Northeast quarter, also being the West right-of-way of Weld County Road (WCR) 9 3/4, South 01°24'54" West 1314.92 feet; thence along a line parallel with and 30.00 feet West of the West line of the East half of the Southeast quarter of said Section 2, also being the West line of said right-of-way, South 01°23'32" West 2627.90 feet to the North right-of-way of said WCR 24; thence along said North right-of-way, South 89°25'07" East 907.02 feet to Westerly line of Lot A, of the Recorded Exemption 1313-2-4-RE405, records of said County; thence along said Lot A the following four (4) courses and distances; (1) North 17°05'42" East 200.12 feet; (2) North 30°27'35" East 207.93 feet; (3) North 62°58'03" East 296.07 feet; (4) South 01°31'48" West 509.35 feet to said North right-of-way of WCR 24; thence along said North right-of-way, South 89°25'07" East 3.00 feet to the point of beginning, containing 116.914 acres more or less gross. Total area for all parcels are 635.324 acres more or less gross. 980551 Exhibit D 980 si WCR 24-1/2 Firestone ` Firestone g Proposed rth THE SHORES k 8-Inch / v Annexation cc Annexation ; Aprox. 15-Inch Sanitary Sewer 3 Sanitary Sewer (existing) (existing) To 1-25 Interchange Road 24 doom nnldl A\\ Planned 12-Inch ' Firestone Water Line Facility ,o` � Sanitary Sewer (existing) Proposed" THE SHORES Firestone Note: Annexation Phone, Gas and power available along exixting roadways Service Utility Map NORTH Transportation, Water and Sewer Not To Scale Schematic:All Locations Approximate occ-cn1 ! "' Exhibit D Exhibit E 980551 Ws NYlci NO uvwv-nnei ' -111q,j,' . '1 'ONISINVI1flSNO0 NroiNnow Mai .Eg ---,ono ONININ 1a,AY219 NOd liKrind 3S,n mioads SNOISIA38 0(29'210100 3NOIGNIA 0 NMOI. 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O a .rn O O n w ) 3 LAKE \aaurcenr,.rae,RESIDE. w•..RES Kea 766=0---) / 'RESIDENTI/ r,,,�a:J.K.s � /` WELD CO.ROAD 24 [SWAM STREET LEGEND LAND USE SUMMARY /�ww MEI ARTERIAL LAND USE ACRES DENSITY DUs I'� �/ w'e actus cameo 1111111 COLLECTOR Residential A 75 3.0 225 I__JJ \\ LOCAL Residential.9 222 5.0 1110 Residential-C 122 12 1464 \ :Met' Commend IN CI 24 / Open Space 141 Major Wools 51 •acxas TOTAL 635 2.799 aloyarmaa s ir VICINITY MAP NOTES I lei I 1 1 3 1 1 I 1 q1 1 1 C{�µµjj 7T; tit theinto 1 I thisODP t conceptually illustrate land use. .,%,s, ., .ii C."c(ii; usy Al I I t lulwl d I'g nt and molar open apace as .r . 5A &4,,..& Awl 1:. `�R jreclaimedl mining f the p P Ir. •uS-ga§R dd� �A d ,1 1 �tt 6 ) 2 Mining I the properly b t to l be the Town as e '�'�P��.db�%,19� ak7pk I d W� 9 o Per Y Is su IMc PProve �R }d., T F"f•X rf"{'�7 '1 special review use NclhMg presented n this OOP shall preclude the �,i3.y..'i ' ,�(,i4 a �i .....es xaiV�l mining al the propertr .ma. l.17 ill al,s9/ ail MIME,yd� 3.Minot variation in street alignment and open space configuration ,,s _ Tr_ '1a73 3 1 �'.L may y be permitted by the Town without lormal amendment of this Y$.t, c a=.1Fa WrG ICi=i f t g . ,`r,l e.�`�1 rt� p v 4 1 h'OOP anf tpabs that additional open apace Wellies will be ,, I E tr@�'a'f%0 FW: Pincluded within specific land use parcels es salsas el the time of EDP A °s�®EaT L� -0p� on approval. I ' MUM Vc s'iYg a t, 5 d subdivision Existing irrigation ditches shill be incorporated into this plan at the _S it _ ��;a t, _loa-1+� Ak' (me of EDP and subdivision pursuant m agreement w m ditch owners 12.5 AGES +vr','; �� and Town approval j . ^1 6.The open space shown Mang the shore of Ina lake west of Parcels �' # A and d is provided for tan of potential meow e ditch reams a,. prop Preserve po p p - w- -- -'-- ""-" wetlands If not required lur wetlands preservation the land shell he 1 used for additional lake oriented residential uses. swill I .mill .it 1 1 •1 1 .I . _1..... I .. I �� SC AI F 1•-900. N OUTLINE DEVELOPMENT PLAN 1 THE SHORES ASSOCIATED LAND CONSULTANTS, INC. In_Timml , ,OWN OF FIRFST ONE:- - -- - - -------- 0 150300450600 WI.Il)GCIUNIV AHA A lf-AVE NUSll tl Ill1 STATE OF GOLORN)O ;e3 i%,n'S/H I-Alt 3'.,344.11A41 980551 Hello