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Home My WebLink About20123234.tiff v,DEIJI E _ co TOWN OF FREDERICK (....., ilii- tio .. Planning Department _?_--- .--oR. --yn7 - 401 Locust Street • P.O. Box 435 • Frederick. CO 80530-0435 Phone: (720) 382-5500 • Fax: (720) 382-5520 RECEIVED Website: www frederickco.gov October 26, 2012 WELD COUNTY RE: Upcoming meetings regarding Coal Creek Annexation and Zoning COMMISSIONERS To Whom It May Concern: This document is a NOTICE of upcoming meetings. Any person having an interest in the Coal Creek Properties, LLC 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, November 6, 2012 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, December 11, 2012 at 7:00 p.m. in the Town of Frederick Board Room. General information Location Generally, at the northeast corner of Weld County Road 7 and Weld County Road 20.5 Proposal Annexation and Zoning Area Approximately 2.039 acres Existing Use Agriculture Existing Zoning Weld County Agriculture Surrounding land uses and zoning North Agricultural/Weld County Agriculture South Industrial and Residential/Weld County Agriculture East Agricultural/Weld County Agriculture West Residential/Weld County Agriculture r lie, f .-L .... 2012-3234 io -310/ CC'.'SO4 '9cQve i1i) Comprehensive plan designation Community Commercial Property owner Coal Creek Properties, LLC Applicant contact person Noreen Canaday 720.480.1589 Planner Jennifer Simmons 720.382.5651 phone 720.382.5520 fax jsimmons©frederickco.gov ti RESOLUTION NO. 12-R-48 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY,COLORADO TO THE TOWN OF FREDERICK,SAID ANNEXATION TO BE KNOWN AS THE "COAL CREEK PROPERTIES ANNEXATION" WHEREAS,a petition for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Paul Page; 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 FREDERICK,COLORADO,AS FOLLOWS: Section 1. The petition,whose legal description is attached hereto as Exhibit A and incorporated by reference herein, is 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 petition. 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 petition, at the Frederick Town Hall,401 Locust,Frederick,Colorado 80530, at the following time and date: 7:00 P.M., December 11,2012 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 have 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 property 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 23"I DAY OF OCTOBER, 2012. ATTEST: �� OWN FREDERICK By Q, I d --By Megha C. Martinez, •w Cle k , { • on arey, yor EXHIBIT A Legal Description of Coal Creek Properties Annexation Lot B,Recorded Exemption No. 1313-15-2 RE-3220, recorded January 18, 2002 at Reception No. 2918242 of the Records of Weld County, located in the Northwest Quarter(NWI/4)of Section Fifteen (15), Township Two North (T.2N.), Range Sixty-eight West(R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Excepting Therefrom the Westerly and Southerly 30.00 feet County Road Right of Way. Said described parcel of land contains 88,801 Square Feet or 2.039 Acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Coal Creek Properties Annexation Pt I1 I ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: June 4, 2012 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, Paul Page, President of Coal Creek Properties, Inc., 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: Lot B, Recorded Exemption No. 1313-15-2 RE-3220, recorded January 18, 2002 at Reception No. 2918242 of the Records of Weld County, located in the Northwest Quarter (NW1/4) of Section Fifteen (15), Township Two North (T2N), Range Sixty-eight West(R.68W), Sixth Principal Meridian (6th P.M), County of Weld, State of Colorado. Excepting Therefrom the Westerly and Southerly 30.00 feet County Road Right of Way. Said described parcel of land contains 88,801 Square Feet or 2.039 Acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land 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. d. The area proposed to be annexed is integrated with or is capable of 1 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. 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 one 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 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 2 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 Community Commercial. WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. 3 Owner, by Paul E. Page, President of Coal Creek Date Properties, Inc. Applicant, Paul E. Page, President of Coal Creek bate Properties, Inc. STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowled ed be ore me this ��h day of 5u , 20 12- by Pay( ruse- My commission expires: C72 13 Witness My Hand and Official Seal. g5E.W p%FR`hi Nota ublic i I• I lei My Commission Expires 06/22119 • It .1, - 512 Briggs St. 'y 1)/2:•Aust��Pa: Erie,CO 80516 " °`.00 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: P,4-Uf1- /9/61.5,- Mailing Address: p0- 1gO$ 1/50 col Qs/ 2 Date: W7/ 2, Legal Description of Land Owned: Lot B, Recorded Exemption No. 1313-15-2 RE-3220, recorded January 18, 2002 at Reception No. 2918242 of the Records of Weld County, located in the Northwest Quarter (NW1/4) of Section Fifteen (15), Township Two North (T.2N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Excepting Therefrom the Westerly and Southerly 30.00 feet County Road Right of Way. Said described parcel of land contains 88,801 Square Feet or 2.039 Acres, more or less (±), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) 11 )ss. COUNTY OF tnlettl ) sworn upon oath deposes says,4�— , being first duly p po that (he or she) was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of six (6) 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. Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this kr" day of 1.0ne, , 2011 by Awl Kcje My commission expires: C'-Z-7, 13 Witness My Hand and Official Seal. _•%% NNN t 5 ... 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