HomeMy WebLinkAbout20130087Estella,
\1D08
Clerk of the Weld County Board
of County Commissioners
P.O. Box 758
Greeley, CO 80632
Firestone
A Community
In Motion
Frederick Firestone Fire Protection District
P.O. Box 129
Frederick, CO 80530
St. Vrain Sanitation District
P.O. Box 417
Longmont, CO 80502
St. Vrain Valley School District
395 South Pratt Parkway
Longmont, CO 80501-6499
Central Weld County Water District
2235 2nd Avenue
Greeley, CO 80631
Carbon Valley Recreation District
701 5`h Street
Frederick, CO 80530
St. Vrain and Left Hand Water Conservancy District
9595 Nelson Rd, Box C
Longmont, CO 80501
Northern Colorado Water Conservancy District
P.O. Box 679
Loveland, CO 80539
Central Weld County Water Conservancy District
3209 W. 28th Street
Greeley, CO 80634
Dear Sir or Madam:
December 28, 2012
Bruce Barker, Esq.
Weld County Attorney
915 10th Street
Greeley, CO 80632
Mountain View Fire Protection District
9119 County Line Road
Longmont, CO 80501
Town of Frederick
P.O. Box 435
Frederick, CO 80530
City of Dacono
P.O. Box 186
Dacono, CO 80514
Weld Library District
2227 23rd Avenue
Greeley, CO 80631
Left Hand Water District
P.O. Box 210
Niwot, CO 80544
Weld County Tri-Area Sanitation District
P.O. Box 213
Frederick, CO 80530
Longmont Conservation District
9595 Nelson Road, Box D
Longmont, CO 80501
High Plains Library District
2650 W. 29th Street
Greeley, CO 80631
Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be known as
the New Vision Annexation. The Public Hearing on the proposed annexation is scheduled for Wednesday,
January 23, 2013 at 6:30 p.m., as described in the enclosed Resolution No. 12-44. Also enclosed is a copy of
the Petition for Annexation as filed and the notice published in the Daily Times -Call on December24 and 30,
2012 and January 7 and 14, 2013.
-Pal-AG 12Wt-rt4)
1- 943
TOWN OF FIRESTONE, COLORADO
Rebecca Toberman, Town Clerk
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
(303) 833-3291 • fax (303) 833-4863
2013-0087
RESOLUTION NO. 12- Lk ti
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE NEW VISION 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 New Vision
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, January 23, 2013 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 December, 2012.
ATTEST:
Rebecca Toherman
Town Clerk
r ' TOWN
A( SEAL iQ
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,
12/12/2012 2:28 PM IkmkIS:Wireslone1Annexasion1New Vision\SubComp.res.doc
2
Chad Auer
Mayor
EXHIBIT A
LEGAL DESCRIPTION
New Vision Annexation
LOT 'A', RECORDED EXEMPTION NO. 1313-11-3RE1717, RECORDED JULY 19, 1995 AT
BOOK 1502, RECEPTION NO. 2447218, LOCATED IN THE WEST 1/2 OF THE SOUTHWEST
QUARTER OF SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, EXCEPT THAT PORTION OF SAID LOT 'A' CONVEYED TO THE
STATE OF COLORADO DEPAR'T'MENT OF TRANSPORTATION JANUARY 18, 2001 BY
DEED RECORDED AT RECEPTION NUMBER 2819770, COUNTY OF WELD, STATE OF
COLORADO.
THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.13 SQUARE FEET OR 6.99
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 Alt --w v, si Annexation to the Town of Firestone.
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.
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.
The territory proposed to be annexed is to • 9 c 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.
I. 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 arca 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 PiT'R.�
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 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.
STATE OF COLORADO
COUNTY OF jo�Lit r
C
ACKNOWLEDGMENT
)ss
MELISSA LEYBA-FARNSWORTH
NOTARY PUBLIC
STATE OF COLORADO
The above and foregoing Affidavit of Circulator was subscribed and sworn to before me
this 114 day of /rf,,.,b(, , 20%2.
My commission expires on:
(SEAL)
Witness my hand and official seal.
(9/J.20a
Notary Public
Address
LO /u.)/t) Q/7
5
EXHIBIT M
SIGNATURE SHEET
See Exhibit
attached hereto and
incorporated into this
petition by this reference
for the legal description
of the land owned by
this signer
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Are you a nonresident
landowner of the area
proposed to be
annexed?
(Yes or No)
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Are you a registered
elector, resident
landowner of the
area proposed to be
annexed?
(Yes or No)
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Signature of
Landowner / Petitioner
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EXHIBIT M
rermo:nlies,
NEW VISION ANNEXATION
December 5, 2012
10300 I-25 Frontage Road
LEGAL DESCRIPTION OF LAND TO BE ANNEXED TO THE TOWN OF FIRESTONE:
LOT 'A', RECORDED EXEMPTION NO. 1313-11-3RE1717, RECORDED JULY 19, 1995 AT BOOK
1502, RECEPTION NO. 2447218, LOCATED IN THE WEST 1/2 OF THE SOUTHWEST QUARTER OF
SECTION 11, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 11;
THENCE ALONG THE WEST LINE OF THE SAID SECTION 11, SOUTH 00°29'39" WEST, 666.97 FEET;
THENCE SOUTH 89°30'21" EAST, 173.35 FEET;
THENCE SOUTH 89°48'57" EAST, 30.94 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 07°05'31" EAST, 60.70 FEET;
THENCE NORTH 33°43'08" EAST, 55.21 FEET;
THENCE NORTH 07°00'59" EAST, 398.93 FEET;
THENCE SOUTH 89°34'14" EAST, 596.01 FEET;
THENCE SOUTH 05°45'10" WEST, 505.11 FEET;
THENCE NORTH 89°33'16" WEST, 632.26 FEET TO THE POINT OF BEGINNING.
THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.13 SQUARE FEET OR 6.99 ACRES,
MORE OR LESS.
625 Main Street Longmont. CO 80501 • Phone. 720 684.4981 • Fax. 888.716.2411 . Toll Free. 866 471.7369 • permontesgroup corn
250n
Public Notice Pub& Note
250A
Public Note
TOWN OF FIRESTONE, COLORADO
NOTICE OF PUBLIC 1 ARMOS
Notice is hereby given that the Town of Freston. Planning and ton
ing Conuntalon MC hold a Public Hearing wnarrndng a1 89g p.m.
W January 16, 2013 at the Firestone Town HaM 151 Om
Avenue, Flragorw, Colorado 80520. The purpose of the Public Hoar
ing is to consider a request tot zoning of property proposed to a,
annexed to the Town and known as the Nam Widen Annaolle0 and b
consider a request for approval of an Outline Pon fa
the properly. The existing zoning Is Weld County A, uses
The zoning requested Is Planed Unit Development with open span
realdential, commercial, and employment land uses.
Further Notice Is hereby given that the Board of Trustees of the Tow
of Preston. Mil hold a Public Hearing commencing at 8:$0 p.m.
WednesdayJanuary 23, 2013 at the Firestone Town Has, 151 One
Avenue, Firestone, Colorado 80620. ' The purpose of the Public How
ing is (I) to determine whether certain properly for wtdoh a petda
or annexation has been filed with the Town, to be known as the Net
Vision Annexation to the Town of Firestone, meets the applicable
requirements of Section 30 of Article II of the Colorado Cot for
and Sections 31-12-104 and 31-12-105 of the statutes of the State c
Colorado and is eligible for annexation to the Town, (2) to M eantr
the zoning for the proposed annexation, and (3) to consider a riper
for approval of an Outline Development Plan for the property. Th.
existing zoning is Weld County Commercial. The zoning requested I
Planned Unit Development with Regional Commercial land use
(PUD R -C).
Any person may appear at the Public Hearings and be heard mgrs
ing the matters under consideration. The approximate location c
the property Is along the I-25 Frontage Road between Sabo Bat
yard (Road 22) and Firestone Boulevard. The legal description el th
property that Is the subject of the annexation request fa set fort
below In Exhibit A of Resolution No. 12-44.
Copies of the annexation petition, resolution finding that th
annexation petition Is in substantial compliance with the apptoabl
laws of the State of Colorado, Town of Firestone Master Plan, and th
annexation, zoning, Outline Development Plan and other developmer
application materials are on file and available for public inspection I
the office of the Town Clerk, 151 Grant Avenue, Firestone, CO 80521
during regular business hours.
Dated the 19th day of December, 2013.
TOWN OF FIRESTONE, COLORADO
Rebecca Tobennan, Town Clerk
RESOLUTION NO.12-44
A RESOLUTION FINDING SUBSTANML COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE NEW VISION ANNEXATION TO THE
TOWN OF FIRESTONE, AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be know
as the Nov Vision Annexation has been flied with the Town Clerk of th
Town of Firestone, Colorado, and referred to the Board of Trustees
the Town or a determination of substantial compliance with applh
able law; and
WHEREAS, the Board of Trustees wishes to permit almuteneou
consideration of the subject property for annexation and zoning,
requested in the petition; and
WHEREAS, the Board of Trustees regard
has
reviewed the petition an
desires O, TEREFadoptFResolution its findingsORE, BE IT RESOLVED BY THEeBOMD OF TRUSTEE
OF THE TOWN OF FIRESTONE, COLORADO:
Shen 1. The petition, the legal description for which Is attache
hereto as Exhibit A and Incorporated herein by reference, is i
substantial compliance with the applicable laws of the State of Col
redo.
Beaton 2. No election is required under 4 31-12-107(2), C.R.S.
Section 1 No additional terms and conditions are to be impose
within the meaning of Sections 31-12-107(1)(g), -110(2) or -112, C.R.S
Section 4. The Board of Trustees Lin hold a public hearing for P
purpose of determining If the proposed annexation compiles wt
Sections 31-12-104 and 31-12-106, C.R.S., and will hold a public her
ing to determine the appropriate zoning of the subject property,
requested in the petition, at the Firestone Town Hall, 151 One
Avenue, Firestone, Colorado 80620, on Wednesday. Jenard 22. 2012
ten 5. Any person may appear at such hearing and press
evidence
relative In the peto the rson. proposed annexation, or the proposed Z01111
Section 6. Upon completion of the hearing, the Board of Truster
will set forth, by resolution its 8ndlnps and conclusions with reit
once to the ellgPotity of the proposed annexation, end whether t
statutory requirements for the proposed annexation have been m,
and further, will determine the appropriate zoning of the aubje
property If requested m the petition.
Section 7. If the Board of Trustees concludes, by resolution, that .
statutory requirements have
proper under the laws of the State of Colorado,
lionBoard
Trustees may pass one or more ordinances annexing the WI*
ordinates zoningto eTown the ubjecto�pFirestone,ertty��ud I illthe pass etNon one a 010
INTRODUCED, READ, and ADOPTED this 12th day of December, 2012.
bed Auer, Mayor
ATTEST:
Rebecca Toberinan,Town Cleric
EXHIBIT A
LEGAL DESCRIPTION
New Vision AMeietlon
LOT 'A', RECORDED EXEMPTION NO. 1313.11-3RE1717, RECORD'
JULY 19, 1995 AT BOOK 1502, RECEPTION NO. 2447218, LOCATED
THE WEST 1/2 OF THE SOUTHWEST QUARTER OF SECTION 11, TOW
SHIP 2 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL ME IDM
EXCEPT THAT PORTION OF SAID LOT 'A' CONVEYED TO THE STATE I
COLORADO DEPARTMENT OF TRANSPORTATION JANUARY 18, 20
BY DEED RECORDED AT RECEPTION NUMBER 2819770, COUNTY
WELD, STATE OF COLORADO.
THE TOTAL DESCRIBED LAND CONTAINS AN AREA OF 304,593.
SQUARE FEET OR 6.99 ACRES, MORE OR LESS.
Published In the Longmont Times -Call
on December 24, 31, 2012, January 7 814, 2013. Ad #5576202
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