The URL can be used to link to this page

Browse Search

Home My WebLink About20130850.tiffTOWN OF FREDERICK Planning Department 401 Locust Street • P.O. Box 435 • Frederick, CO 80530-0435 Phone: (720) 382-5500 • Fax: (720) 382-5520 Website: www.frederickco.gov March 27, 2013 RE: Upcoming meetings regarding Schillinger Annexation and Zoning To Whom It May Concern: ECEIVED MAR 292013 WELD COMMISSIONERS This document is a NOTICE of upcoming meetings. Any person having an interest in the Schillinger Annexation and Zoning proceedings is invited to be present and speak at the public hearings held before the Planning Commission and the Board of Trustees meetings or, if unable to attend, submit written comments to the Town of Frederick Planning Department, 401 Locust St., Frederick, CO 80530. Written comments submitted to the Planning Department prior to either meeting will be forwarded with the staff report. If you have any questions, please call the Planner listed below. The Planning Commission's recommendation on the applications will be presented to the Board of Trustees for final consideration. If you are unfamiliar with the procedures of a public hearing and intend to appear at either of the public hearings, please contact the Planning Department for further information at 720-382- 5500. The Planning Commission will hold a public hearing at its regular meeting to be held Tuesday, April 2, 2013 at 7:00 p.m. in the Town of Frederick Board Room. The Board of Trustees will hold a public hearing at its regular meeting to be held Tuesday, May 14, 2012 at 7:00 p.m. in the Town of Frederick Board Room. General information Location Proposal Area Existing Use Existing Zoning Generally, at the northwest corner of the West I-25 Frontage Road and Weld County Road 20.5 Annexation and Zoning Approximately 20.033 acres in total Agriculture Weld County Agriculture Surrounding land uses and zoning North South East West &fet.,0 14-2-(3 Agricultural/Weld County PUD Agricultural/Weld County Agriculture Agricultural/Weld County PUD Agricultural/Weld County Agriculture Cc PL,, Soi4, 6i t(I13 2013-0850 Comprehensive plan designation Employment Property owner Brian Schillinger Applicant contact person Jennifer Simmons Planner Chris Kennedy 720.382.5651 720.382.5652 phone 720.382.5520 fax ckennedy@frederickco.gov Schi/linger Annexation PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: January 7, 2013 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, Brian Schi/linger, the undersigned landowner, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to -wit: A parcel of land annexed to the Town of Frederick, being a portion of the North Half of the Southeast Quarter (N1/2SE1/4) of Section Fifteen (15), and a portion of the Northeast Quarter (NE1/4) of Section Fifteen (15), in Township Two North ('f.2N.), Range Sixty- eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southeast Corner of Section 10 (Northeast Corner of Section 15) and assuming the East line of the Southeast Quarter of said Section 10 as bearing North 00°08'28" East a distance of 2667.73 feet with all other bearings contained herein relative thereto: THENCE South 89°56'44" West along the South line of the Southeast Quarter of said Section 10 a distance of 249.00 feet to the Northeast corner of Parcel #542 as described in that Deed recorded December 4, 2003 as Reception No. 3132138 of the Records of Weld County; THENCE South 00°24' 12" East along the East line of said Parcel #542 a distance of 595.87 feet to the POINT OF BEGINNING; THENCE South 00°24'12" East continuing along the East line of Parcel #542 and along the East line of Parcel #539 as described in that Deed recorded September 16, 2005 as Reception No. 3323754 of the Records of Weld County a distance of 2065.42 feet to the South line of the Northeast Quarter of Section 15; THENCE South 00°22'54" East along the East line of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County a distance of 1330.60 feet to the North line of the Dillon Annexation to the Town of Frederick, recorded October 15, 2001 as Reception No. 2891883; THENCE South 89°47'39" West along the North line of said Dillon Annexation a distance of 200.18 feet to the Westerly line of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No, 2967545 of the Records of Weld County; The next Five (5) courses are along the Westerly lines of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County: THENCE North 00°13'25" West a distance of 160.90 feet; 1 THENCE North 03°21'06" East a distance of 400.84 feet; THENCE North 00°13'25" West a distance of 639.20 feet; THENCE North 45°01'41" West a distance of 70.96 feet; THENCE North 00°13'25" West a distance of 50.01 feet to a line parallel with and 30.00 feet Southerly of, as measured at a right angle to the North line of the Southeast Quarter of Section 15; THENCE South 89°46'30" West along said parallel line a distance of 858.46 feet to the Southerly prolongation of the West line of the East Half of the Northeast Quarter of Section 15; THENCE North 00°19'30" West a distance of 30.00 feet to the North line of the Southeast Quarter of said Section 15; THENCE North 00°19'30" West along the West line of the East Half of the Northeast Quarter of Section 15 a distance of 280.00 feet to the North line of the South 280 feet of the East Half of the Northeast Quarter of Section 15; THENCE North 89°46'30" East along the North line of the South 280 feet of the East Half of the Northeast Quarter of Section 15 a distance of 909.02 feet to the West line of Parcel #542 as described in that Deed recorded December 4, 2003 as Reception No. 3132138 of the Records of Weld County; THENCE North 00°13'24" West along the West line of said Parcel #542 a distance of 1784.90 feet to a Point of Curvature on the West line of said Parcel #542; THENCE North 89°35'48" East along a line perpendicular to the West line of said Parcel #542 a distance of 165.03 feet to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Schillinger Annexation is 20.033 acres, more or less (±). As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described above be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, 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 Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. 2 d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. 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, comprises twenty acres or more, and which„ together with the buildings and improvements situated thereon has an assessed value in excess of two 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 Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any year. J, Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, 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 Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be 3 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 territory to be annexed. The Town of Frederick will not deny reasonable access 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 Frederick but is not bounded on both sides by the Town of Frederick. 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. 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 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 Frederick 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, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 6. The zoning classification requested for the area proposed to be annexed is Employment with a PUD Overlay (C -E with PUD Overlay). WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the 4 area proposed to be annexed. By this acknowledgment; the undersigned hereby certify that the above Information is complete and true. Brian -Schllinger, Owner Brian Schillinger, Applicant //7b5. Date 71.13 Pate STATE OF COLORA[}0) .ss. COUNTY OF CU e.I d The f.otegoing instrument was acknowledged before me this % day f. J.44 ri.tt a. r=y 4 20 J5 by e. a. ;b» ve.,. My commission expires, l i t a, i/ o I c' Witness. My Hand a.;nd Official Seal. KATHLEEN L, LARSON NOTARY PUBLIC STATE: OF COLORADO • NOTARYID 20004031701 My Commission Expires Nov 21, 2016, 5 Notary Public RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: . .5r/# ..5ck1�, Mailing Address: 43199 WC.it 20,5 Date: / /7 /3 Legal Description of Land. Owned: ,A parcel of land annexed to the Town of Frederick, being a portion of the North Half of the Southeast Quarter (N 1 /2SE1/4) of Section Fifteen (15), and a portion of the Northeast Quarter (NE1/4) of Section Fifteen (15), in Township Two North (T.2N,), Rai ge Sixty-eight West (R,68W:) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described :as follows: COMMENCING at the Southeast Corner of Section 10 (Northeast Corner of Section 15) and assuming the East line of the. Southeast Quarter of said Section 10 as bearing. North 00°08'28" East:a distance of 2667.73 feet with all other bearings contained herein relative thereto: THENCE South 89°56'44" West along the South line o'f the Southeast Quarter of said Section 1.0 a distance of 249.00 feet to the Northeast corner of Parcel #542 as described in that Deed recorded December 4, 2003as Reception No. 3132138 of the Records of Weld County;. THENCE South 00°24'X2" East along the East line of said Parcel #542 a distance of 595;87 feet to the POINT OF BEGINNING; THENCE South 00"24' 12" East: continuing along the East line of Parcel #5442andalong the East line:of Parcel #539 as described in that Deed recorded September 16, 2005 as Reception. No, 3323754 of the Records of Weld County a distance of 2065.42 feet to the South line of the Northeast Quarter of Section 15; THENCE South 00°22'54" East along the East line of Parcel #536 as described in that Deed. recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County a distance of 1330.60 feet to iheNorth line of the Dillon Annexationto the Town of Frederick, recorded October 15;. 2001 as Reception No. 2891883; THENCE South 89°47'39" West along the North line of said Dillon Annexation a:ditance of 200.18.feet to the Westerly line of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 ofthe Records of Weld County; The next Five (5) courses are along the Westerly lines of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County: THENCE North 00°13'25" West a distance of 160.90 feet; THENCE North 03°21'06" East.a distance of 400:84 feet; THENCE North 00°13'25" West a distance of 63920 feet THENCE North 45°01'41" West a distance of 70.96 feet; 6 THENCE North 00°13'25" West a distance of 50.01 feet to a line parallel with and 30.00 feet Southerly of, as measured at a right angle to the North line of the Southeast Quarter of Section 15; THENCE South 89°46'30" West along said parallel line a distance of 858.46 feet to the Southerly prolongation of the West line of the East Half of the Northeast Quarter of Section 15; THENCE North 00°19'30" West a distance of 30.00 feet to the North line of the Southeast Quarter of said Section 15; THENCE North 00°19'30" West along the West line of the East Half of the Northeast Quarter of Section 15 a distance of 280.00 feet to the North line of the South 280 feet of the East Half of the Northeast Quarter of Section 15; THENCE North 89°46'30" East along the North line of the South 280 feet of the East Half of the Northeast Quarter of Section 15 a distance of 909.02 feet to the West line of Parcel #542 as described in that Deed recorded December 4, 2003 as Reception No. 3132138 of the Records of Weld County; THENCE North 00°13'24" West along the West line of said Parcel #542 a distance of 1784.90 feet to a Point of Curvature on the West line of said Parcel #542; THENCE North 89°35'48" East along a line perpendicular to the West line of said Parcel #542 a distance of 165.03 feet to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Schillinger Annexation is 20.033 acres, more or less (±). 7 Circulator AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF , rt being first duly sworn upon path, deposes and says that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (8). pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name is purports to be. • STATE .OF COLORADO) )ss: I of ��The foregoing instrument was acknowledged before me this -7 day art t a r ,20 13 by +h e a_ loo ve My commission expires: 1)1 :I /AO 1 .to Witness ;My Hand and Official. Seal. KATHLEEN L. LARSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20004031701 My.CissionE res Nov. 21, 2016 8 Notary Public RESOLUTION NO. 13-R-13 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTY IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE "SCHILLINGER ANNEXATION" WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town of Frederick by Brian Schillinger; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, as 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; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF NREDERICK, COLORADO, AS FOLLOWS: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, are in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petitions. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C,R.S. §31-12-104, and with C.R.S. §31-12- 105, and will hold a public hearing to determine the appropriate zoning of the subject property as requested in the petitions, at the Frederick Town Hall, 401 Locust, Frederick, Colorado 80530, at the following time and date: 7:00 P.M., May 14, 2013 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall 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 has been met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 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 shall pass an ordinance annexing the subject propel₹y into the Town of Frederick, and shall pass an ordinance zoning the subject property if requested in the petition. INTRODUCED, READ, PASSED, AND SIGNED THIS 26th DAY OF MARCH, 2013. ATTEST: By Megha EXHIBIT A Legal Description of Schillinger Annexation A parcel of land annexed to the Town of Frederick, being a portion of the North Half of the Southeast Quarter (N1/2SE1/4) of Section Fifteen (15), and a portion of the Northeast Quarter (NE1/4) of Section Fifteen (15), in Township Two North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southeast Corner of Section 10 (Northeast Corner of Section 15) and assuming the East line of the Southeast Quarter of said Section 10 as bearing North 00°08'28" East a distance of 2667.73 feet with all other bearings contained herein relative thereto: THENCE South 89°56'44" West along the South line of the Southeast Quarter of said Section 10 a distance of 249.00 feet to the Northeast corner of Parcel #542 as described in that Deed recorded December 4, 2003 as Reception No. 3132138 of the Records of Weld County; THENCE South 00°24'12" East along the East line of said Parcel #542 a distance of 595.87 feet to the POINT OF BEGINNING; THENCE South 00°24' 12" East continuing along the East line of Parcel #542 and along the East line of Parcel #539 as described in that Deed recorded September 16, 2005 as Reception No. 3323754 of the Records of Weld County a distance of 2065.42 feet to the South line of the Northeast Quarter of Section 15; THENCE South 00°22'54" East along the East line of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County a distance of 1330.60 feet to the North line of the Dillon Annexation to the Town of Frederick, recorded October 15, 2001 as Reception No. 2891883; THENCE South 89°47'39" West along the North line of said Dillon Annexation a distance of 200.18 feet to the Westerly line of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County; The next Five (5) courses are along the Westerly lines of Parcel #536 as described in that Deed recorded July 9, 2002 as Reception No. 2967545 of the Records of Weld County: THENCE North 00°13'25" West a distance of 160.90 feet; THENCE North 03°21'06" East a distance of 400.84 feet; THENCE North 00°13'25" West a distance of 639.20 feet; THENCE North 45°01'41" West a distance of 70.96 feet; THENCE North 00°13'25" West a distance of 50.01 feet to a line parallel with and 30.00 feet Southerly of, as measured at a right angle to the North line of the Southeast Quarter of Section 15; TFIENCE South 89°46'30" West along said parallel line a distance of 858.46 feet to the Southerly prolongation of the West line of the East Half of the Northeast Quarter of Section 15; THENCE North 00°19'30" West a distance of 30.00 feet to the North line of the Southeast Quarter of said Section 15; THENCE North 00°19'30" West along the West line of the East Half of the Northeast Quarter of Section 15 a distance of 280,00 feet to the North line of the South 280 feet of the East Half of the Northeast Quarter of Section 15; THENCE North 89°46'30" East along the North line of the South 280 feet of the East Half of the Northeast Quarter of Section 15 a distance of 909.02 feet to the West line of Parcel #542 as described in that Deed recorded December 4, 2003 as Reception No. 3132138 of the Records of Weld County; THENCE North 00°13'24" West along the West line of said Parcel #542 a distance of 1784.90 feet to a Point of Curvature on the West line of said Parcel #542; THENCE North 89°35'48" East along a line perpendicular to the West line of said Parcel #542 a distance of 165.03 feet to the POINT OF BEGINNING. TOTAL ANNEXED AREA for the Schillinger Annexation is 20.033 acres, more or less (±). Hello