HomeMy WebLinkAbout20140582.tiff RECEIVED
Firestone FEB 27 2014
WELD COUNTY
A Community COMMISSIONERS
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February 26,2014
Clerk of the Weld County Board Frederick Area Fire Left Hand Water District
of County Commissioners Protection District P.O.Box 210
P.O.Box 758 P.O.Box 129 Niwot,CO 80544
Greeley,CO 80632 Frederick,CO 80530
Bruce Barker,Esq. Mountain View Fire St.Vrain and Left Hand Water
Weld County Attorney Protection District Conservancy District
915 10th Street 9119 County Line Rd. 9595 Nelson Rd,Box C
Greeley,CO 80632 Longmont,CO 80501 Longmont,CO 80501
St. Vrain Sanitation District Town of Frederick City of Dacono
11307 Business Park Circle P.O.Box 435 P.O.Box 186
Firestone,CO 80504 Frederick,CO 80530 Dacono,CO 80514
St.Vrain Valley School District City of Longmont Carbon Valley Recreation District
395 South Pratt Parkway 350 Kimbark Street 701 5d Street
Longmont,CO 80501-6499 Longmont,CO 80501 Frederick,CO 80530
Central Weld County Water District High Plains Library District Northern Colorado Water
2235 2nd Avenue 2650 W 29t Street Conservancy District
Greeley,CO 80631 Greeley,CO 80631 220 Water Avenue
Berthoud,CO 80513
Dear Sir or Madam:
Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be knownas the
Behrens & Associates Environmental Noise Control Annexation. The Public Hearing on the proposed
annexation is scheduled for Wednesday,March 26,2014 at 6:30 p.m.,as described in the enclosed ResolutionNo.
14-07. Also enclosed is a copy of the Petition for Annexation as filed,the notice published in the Daily Times-
Call on February 19 and 26, and March 5 and 12, 2014 and a vicinity map of the Annexation.
TOWN OF FIRESTONE,COLORADO
Carissa Medina, Town Clerk
n • , 9.911 1.1
-Rti-bU Ae.oub. tC L,?1,JtQn6t so) £CM 2014-0582
S' S' 1' 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
RESOLUTION NO. 14-07
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE BEHRENS & ASSOCIATES
ENVIRONMENTAL NOISE CONTROL ANNEXATION TO THE TOWN OF
FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Behrens &
Associates Environmental Noise Control Annexation has been filed with the Town Clerk of the
Town of Firestone,Colorado,and referred to the Board of Trustees of the Town for a determination
of substantial compliance with applicable law; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and zoning, if requested in the petition; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE,COLORADO:
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under§ 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed within the meaning of
Sections 31-12-107(1)(g),-110(2)or-112,C.R.S.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105,C.R.S.,
and will hold a public hearing to determine the appropriate zoning of the subject property, if
requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520,
on Wednesday,March 26,2014 at 6:30 p.m.
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation, or the proposed zoning if requested in the petition.
Section 6. Upon completion of the hearing, the Board of Trustees will set forth, by
resolution,its findings and conclusions with reference to the eligibility of the proposed annexation,
and whether the statutory requirements for the proposed annexation have been met,and further,will
determine the appropriate zoning of the subject property if requested in the petition.
1
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the State of
Colorado,the Board of Trustees may pass one or more ordinances annexing the subject property to
the Town of Firestone,and will pass one or more ordinances zoning the subject property if requested
in the petition.
INTRODUCED, READ, and ADOPTED this 12th day of February, 2014.
%���ESTO/yF4t,1 C
/
'TOWN \
i }p/ti Chad Auer,Mayor
ATTEST: m; SEAL 'o
er
`N'YG.r
C sa Me ma, Town Clerk
1O/10I4 0:13 AM[kmMRAFiresione\Ansexation‘Behrens\SubComp Res 2014030]doc
2
EXHIBIT A
LEGAL DESCRIPTION
Behrens &Associates Environmental Noise Control Annexation
A PARCEL OF LAND LOCATED IN SECTION 14,TOWNSHIP 2 NORTH, RANGE 68 WEST,OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 14;
THENCE NORTH 89°55'47" EAST ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF SECTION 14,A DISTANCE OF
50.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD;
THENCE NORTH 00°24'OS"WEST ON THE EAST RIGHT-OF-WAY LINE OF EAST I-25 FRONTAGE ROAD,A DISTANCE OF
110.00 FEET TO A POINT,SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 00°24'08"WEST A DISTANCE OF 250.43 FEET TO A POINT;
THENCE SOUTH 89°46'36" EAST A DISTANCE OF 10.00 FEET TO A POINT;
THENCE CONTINUING SOUTH 89'46'36" EASTA DISTANCE OF 499.70 FEET TO A POINT;
THENCE SOUTH 50°24'16"EAST A DISTANCE OF 444.96 FEET TO A POINT;
THENCE SOUTH 00°04'13"EAST A DISTANCE OF 73.79 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST
1/4 OF SECTION 14;
THENCE SOUTH 89°55'47"WEST A DISTANCE OF 499.62 FEET TO A POINT;
THENCE NORTH 00'24'08"WEST A DISTANCE OF 110.00 FEET TO A POINT;
THENCE SOUTH 89°55'47"WEST A DISTANCE OF 350.51 FEET TO THE POINT OF BEGINNING.
THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 218,026.03 SQUARE FEET OR 5.00 ACRES, MORE OR LESS.
3
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of
Firestone and its Board of Trustees for annexation to the Town of Firestone of the
unincorporated territory, the legal description of which is attached hereto as Exhibit A and
incorporated herein by this reference, located in the County of Weld and the State of Colorado,
and to be known as the Behrens& Associates Annexation to the Town of Firestone.
Environmental Noise Control
As part of this petition, your petitioners further state to the Board of Trustees that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed
to the Town of Firestone.
2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., as amended, exist
or have been met in that:
a. Not less than one-sixth of the perimeter of the area proposed to be
annexed is contiguous with the Town of Firestone or will be contiguous
with the Town of Firestone within such time as required by Section 31-12-
104.
b. A community of interest exists between the area proposed to be annexed
and the Town of Firestone.
c. The area proposed to be annexed is urban or will be urbanized in the near
future,
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town of Firestone.
e. No land within the boundary of the territory proposed to be annexed which
is held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate, has
been divided into separate parts or parcels without the written consent of
the landowner or landowners thereof, unless such tracts or parcels were
separated by a dedicated street, road, or other public way.
f No land within the boundary of the area proposed to be annexed which is
held in identical ownership, whether consisting of one tract or parcel of
real estate or two or more contiguous tracts or parcels of real estate,
comprises twenty acres or more, and which, together with the buildings
and improvements situated thereon, has an assessed value in excess of two
1 EXHIBIT M
hundred thousand dollars ($200,000.00) for ad valorem tax purposes for
the year next preceding the annexation, has been included within the area
proposed to be annexed without the written consent of the landowner or
landowners.
g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in
the detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Firestone more than three
miles in any direction from any point of the boundary of the Town of
Firestone in any one year.
j. The territory proposed to be annexed is 5.00 acres in total area.
k. Prior to completion of the annexation of the area proposed to be annexed,
a plan will be in place,pursuant to Section 31-12-105(1)(e), C.R.S., which
generally describes the proposed location, character, and extent of streets,
subways, bridges, waterways, waterfronts, parkways, playgrounds,
squares, parks, aviation fields, other public ways, grounds, open spaces,
public utilities, and terminals for water, light, sanitation, transportation,
and power to be provided by the Town of Firestone;and the proposed land
uses for the area; such plan to be updated at least once annually.
1. In establishing the boundary of the area proposed to be annexed, if a
portion of a platted street or alley is to be annexed, the entire width of the
street or alley has been included within the area annexed, and reasonable
access will not be denied to any landowners, owners of any easement, or
the owners of any franchise adjoining any platted street or alley which is
to be annexed to the Town of Firestone but is not bounded on both sides
by the Town of Firestone.
m. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S.
3. The owners of more than fifty percent of the area proposed to be annexed,
exclusive of dedicated streets and alleys, have signed this petition and hereby
petition for annexation of such territory.
The signatures on this petition comprise one-hundred percent (100%) of the
landowners of the territory to be annexed and said landowners attesting to the
2 EXHIBIT M
facts and agreeing to the conditions herein contained will negate the necessity of
any annexation election.
4. Accompanying this petition are four copies of an annexation map containing the
following information:
a. A written legal description of the boundaries of the area proposed to be
annexed;
b. A map showing the boundary of the area proposed to be annexed, said
map prepared by and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted,
the boundaries and the plat numbers of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Firestone and the contiguous
boundary of any other municipality abutting the area proposed to be
annexed, and a showing of the dimensions of such contiguous boundaries.
5. Upon the annexation ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, resolutions, rules,
and regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone, which shall become effective as of the January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is PUD-RC.
The petitioners agree that said annexed land shall be brought under the provisions
of Title 17 of the Firestone Municipal Code within ninety (90) days from the
effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the Town of Firestone to furnish water
or sanitary sewer facilities to the area proposed to be annexed. Such services will
be provided at such time, in the sole discretion of the Town, when such services
for water and sanitary sewer can be economically and reasonably installed to
service a sufficient number of inhabitants within the area so as to make the
construction and establishment of such services feasible and at no additional cost
for the same or similar type of services provided to inhabitants within the existing
corporate limits of the Town.
8. If required by the Town, an annexation agreement has been or will be executed by
the petitioners herein and the Town of Firestone relating to this annexation and
the petitioners hereby expressly consent to the terms and conditions set forth in
the annexation agreement.
3 EXHIBIT M
9. The petitioners agree to the following terms and conditions, which shall be
covenants running with the land, and which may, at the option of the Town,
appear on the annexation map:
a. Water rights shall be provided pursuant to Town Ordinance.
b. All conditions set out in the annexation agreement executed by the petitioner.
c. Other:
WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed.
4 EXHIBIT M
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath deposes and
says:
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to
the Town of Firestone, Colorado, consisting of Co pages, including this page and that each
signature thereon was witnessed by your affiant and is the true signature of the person whose
name it purports to be.
Circulator
ACKNOWLEDGMENT
STATE OF COLORADO )
)ss
COUNTY OF1UC Ar'CCICS )
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me
this 4r day of D('Ce mber , 2013.
Witness my hand and official seal.
My commission expires on: June N , 7-1)11-
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RESOLUTION NO.14-07 EXHIBIT
A RESOLUTION FINDING SUBSTANTIAL COM- LEGAL DESCRIPTION
PLIANCE FOR AN ANNEXATION PETITION BehrensB CRIPTI es
FILED WITH THE TOWN OF FIRESTONE, COLO- Environmental I ssociiatMne:aYen
RAOO, KNOWN AS THE BEHRENS & ASSOCI- A PARCEL OF LAND LOCATED IN SECTION 19,
ATES ENVIRONMENTAL NOISE CONTROL AN- TOWNSHIP 2 NORTH, RANGE 58 WEST, OF
NEXATION TO THE TOWN OF FIRESTONE, AND THE. 6TH PRINCIPAL MERIDIAN, COUNTY OF
SETTING A PUBLIC HEARING THEREON. - WELD STATE OF COLORADO, MORE PARTICU-
WHEREAS, a petition for annexation of
2500 Public unties 2500 Public Notice I certain property to be known as the Behrens & LARLY DESCRIBED AS FOLLOWS:
Associates Environmental Noise Control Anrexatlon COMMENCING AT THE WEST 1/4 CORNER OF
TOWN Of FIRESTONE,COLORADO has been filed with the Town Clerk of the SAID SECTION 14;
NOTICE OF PUBLIC HEARINGS Town of Firestone, Colorado, and referred to THENCE NORTH 59°55'47" EAST ALONG THE
eof rustees of the Town for a deter-
McBee to hereby given that the Town of SOUTH LINE OF THE NORTHWEST 1/4 OF SEC-
the Board T
minetion of substantial compliance with TION 14, A DISTANCE OF 50.00 FEET TO' A
Firestone Planning and Zoning>commencing
Nan p .. POINT ON THE EAST RIGHT-OF-WAY LINE OF
wilt hold a- Pubt Hearin -at applicable law;and
7:00 m.a Th 0 EAST I-25 FRONTAGE ROAD;
P, emday;. March 20, '201,4 at the WHEREAS,simultaneous the Board o Trustees to THENCE NORTH 00°24'08'. WEST ON *LEAST
Fpfreefofte TawO' Hall, 151 Grant Avenue, permit consideration of the - RIGHT-OF-WAY LINE Of EAST- I-25 FRONTAGE
TYIntoll'e, °0olbr3d0 50520. The purpo of euhftci far amwxa00n.and zoning, ti ROAD, A DISTANCE OF 11000 FEET TO A
. the Public `Hearin Is to consider a request In nits the B oar and
9 B11POI D POINT ALSO .0!,„Nee THE-POINT
for annexed
, of property proposed to be gFI't Board ol Tto *d hee ro,so- eNeT
fig P P Y P P THENCE
NCE CON
to the Town and known as the e0 Iles send desires tb aaopL by Reao-
BNirena & Aeseciates Environmental Notes Control Kilian lefindings in mgerq to the petition. AHESCE CONTINUING EO OO°24'r B' WEST
;
Annexation and to consider a request" for NOW, THEREFORE, BE IT RESOLVED BY A DISTANCE OF 260.43 FEET7 .AFO{NG
approval,of an Outline Development Plan and THE BOARD OF TRUSTEES OF THE TOWN OF THENCE ,SOUTH BB'46'36 EAST. A 'D(S7ANCE
Final Devefdpmerd Plan for the property. .The FIRESTONE,CGLORAuu: OF 10,00FEET TO A POINT; _ .
existing *Mipg,is Weld County PUD. The Settle 1. The red hereto the least description A DISTANCE
SOUTH truest FA3T
zoning with
o qd. Is Planned Unit Oavelop- far kit Is attached as reference, A and A DISTANCE OF 49970 FEETTO.Ap01NT;
lemreent wl T I,gne1 Commercial (PU0-RC) substantial compliance with the applicable OF THENCE C.E5 SOUTH AiWNT;
FuMsr Nitre 10 hereby ken that the Board laws of the State of Colorado. SOUTH 00°04'13' EAST A DISTANCE
gg No Nee an le requited under F 31-12- OF 73.79 FEET TO A POINT ON THE SOUTH
d Ynhntess- Sre Town M Firestone will hold I07(21 C RS UNE OF THE NORTHWEST 1/4 OF SECTION 14;
a PUblib lfeadnd bomMen lnD a1 G.40 pre, , faction S. No additional terms and condl- THENCE SOUTH 89°5547" WEST A DISTANCE
Wedneeda Marc], 28 2014 et the are to be Imposed w11Mn the meaning OF 499.62 FEET TO APOINT.
Town Hall 151 Grant Avemt 3 ooff Sections 31-12-107(1)(g), -110(2) or -112, THENCE NORTH 00°240$' WEST A DISTANCE
Cameo C•R_$, OF 110.00 FEE�"TTO A POINT;
Heap M (4y_to a oe' whelhar Hath Sadden 4, The Board of Trustees will hold a THENCE SOUTH 89°5547' WEST A DISTANCE
moan tot 9khf J a n tor ae5 os j ubilc h the a one of determining kr;�1 +'0.51 FEET. TO THE. Pgwr�.OF BEGIN-
hasthe been itfe c Associateso ^"� + a `es - If-the proposed. ahnexatl o complies with THE AL DESCRIBED LAND CONTAINS AN
the whiny A" he Seollogs 31-12.104•and 31-12-105,
Control' Aanexadon to req own .'" Firestone, ermin are
meets the applicable req iremeMo of Section aoa hold e a public hearing to i t prooer the ACRE'OF E O,ftL S SQUARE FEET OR 5.00
30 of Article II of the Colorado Constitutor regto$ee n tare of the aubjea Properly, a ACRES,.shed: EORnent
and tes of ns 31-12-104 and 31-12-105 of the rognfl In tits. petition, at the estona 19,28, a$ [ongmpnt Times-Cary on February
statutes the State of Colorado. and Is ellgt- Teen Halt 151 Grant Avenue, Firestone, 18,25,Marcir53fi2,2014.Ad¥5811545
bie for- annexation to the Town, (2) to de- Co o tfu20, an Wednesday. Meth 26.1014 . _,
termine the zoning for the pr annexe-
tion, and (3) to consider a request for approv- 5. Any person may appear at such
al of an Outline Development Plan and Final hearing and present evidence relative to the
Development Plan for the property. The exist- proposed annexation, or the proposed zoning
Mg zoning is Weld County PUD. The zoning u requested in the petition.
requested is Planned Unit Development with --4. UOon completion of the hearing,
Regional Commercial(PUD-RC)land uses. the Board of Ynutees will set forth, by moth-
Regional person may appear at the Public Hear- tion, its finhe ngs and conclusions with refer-
Inge and be hated regarding the matters once to the eligibility of the proposed annexe-
under consideration. The approximate ion, and whether the statutory requirements
location of the property is along the east 1-25 for the proposed annexation have been met,
Frontage Road, south of Sable Avenue (CR and further, will determine the appropriate
22). The legal description of the property zoning of the subject property B requested in
that Is the "subject of the annexation request •
ths petition. -
ls set forth below. In Exhlbtt A of Resoolution Seaton 7. If the Board of Trustees con-
No 14-07 dudes, by resolution, that Sit statutory re-
Copies of the annexation petition, resolution posed ads have been met
under the thlawa of and that pr
finding that the annexation petition is in
annexation is
the State of Colorado, the Board of Trustees
substantial compliance with the applicable
lawn of the State of Colorado, Town of may passone or more ordinances annexing
Firestone Master Plan, and the annexation, the subject property to the Town of Firestone,
zoning, Outline Development Plan, Final and will pass one or more ordinances zoning
Development Plan and other development ipehe subject properly if requested in the
application materials are on file and swell-
INTRODUCED, READ, and ADOPTED role 12th
able for public Inspection In the office of the day of February,2014.
Town Clerk, 151 Grant Avenue, Firestone, CO
80520,during regular business hours. Chad Auer,Mayor
Dated the 14th daT of January,2014.IRESTONE,COLORADO ATTEST:
TOWN OF F
Carina Medina,Town Clerk Rebecca Toberman,Town Clerk
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VICINITY MAP
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9536 ENS FROCIAGES, INC. SAE r•=1000 13
9536 E. 1-25 FRONTAGE ROAD DATE: DECEMBER zo13.
/ LONGMONT, CO 80504 PROJECT NO: 150.001
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