The URL can be used to link to this page

Browse Search

Home My WebLink About20123389.tiff RIC$� 4g� TOWN OF FREDERICK Planning Department t c1ORPORArE t. 401 Locust Street • P.O. Box 435 • Frederick, CO 80530-0435 Phone: (720) 382-5500 • Fax: (720) 382-5520 Website: www.frederickco.00v November 29, 2012 RE: Upcoming meetings regarding L. G. Everist Annexation and Zoning To Whom It May Concern: This document is a NOTICE of upcoming meetings. Any person having an interest in the L. G. Everist 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, December 4, 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, January 8, 2013 at 7:00 p.m. in the Town of Frederick Board Room. General information Location Generally, one-half mile south of State Highway 119 and adjacent to Weld County Road 7 Proposal Annexation and Zoning Area Approximately 241.0702 acres Existing Use Mining of Natural Resources and Water Storage Existing Zoning Weld County Agriculture Surrounding land uses and zoning North Agricultural/Weld County Agriculture and Open Space and Residential/Weld County PUD South Agricultural and Residential/Weld County Agriculture East Vacant land/Weld County PUD West Rural Residential/Weld County AgricultureWatt 'RoJFP,t.� cc so , PL ,Grit ( ttz- 5 jz /I- 3p-/?- 2012-3389 Comprehensive plan designation Rural Residential and Mixed Use Residential Property owner L. G. Everist, Incorporated Applicant contact person Jim Sittner 303.286.2248 Planner Jennifer Simmons 720.382.5651 phone 720.382.5520 fax jsi m mons©frederickco.gov L.G. Everist Annexation Pt I 1 I ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: December 01, 2011 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. L. G. Everist, Incorporated, an Iowa corporation, which is the undersigned landowner ("Owner"), in accordance with Colorado law, hereby petitions 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 being part of the South Half (S1/2) of Section Ten (10), Township Two North (T.2N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) Corner of said Section 10 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 10 as bearing South 00°14'56" West a distance of 2658.75 feet with all bearings contained herein relative thereto; THENCE North 89°51'07" East along the North line of said SW1/4, a distance of 30.00 feet to the East Right-of-Way line (R/W) of Weld County Road No. 7 (CR 7), and the POINT OF BEGINNING; THENCE North 89°51'07" East along said North line, a distance of 1294.66 feet to the Center-West Sixteenth (C-W1/16) corner of said Section; THENCE North 89°50'00" East along said North line, a distance of 1324.59 feet to the Center Quarter corner (C1/4) of said Section; THENCE North 89°50'45" East along the North line of the Southeast Quarter (S1/4) of said section, a distance of 13123.36 feet to the Center-East Sixteenth (C-E1/16) corner of said Section; THENCE South 00°11'37"West, along the East line of the West Half(W1/2) of the Southeast Quarter (SE1/4) of said section, a distance of 2666.15 feet to the East Sixteenth (E1/16) corner of said Section; THENCE South 89°55'52" West along the South line of said W1/2, a distance of 1325.29 feet to the South Quarter (S1/4) corner of said Section; THENCE South 89°57'36"West along the South line of the SW1/4, a distance of 2619.86 feet to the East R/W of CR 7; THENCE North 00°14'56" East along said R/W, a distance of 2658.81 feet to the POINT OF BEGINNING. 1 Said described parcel of land contains 10,501,020 Square Feet or 241.0702 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"or"in Exhibit A") 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 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. 2 1 . 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 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; 3 • 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 R-1 Residential Low Density District; PUD-O Planned Development Overlay District. 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. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or iienholder shall also sign the Application.) L. G. EVERIST, INCORPORATED, an Iowa Corporation, which is the said Owner. Dennis L. Fields, Vice President, Mountain Division Date (Attach additional signatures as necessary. Remainder of page intentionally left blank) 4 STATE OF COLORADO) )ss. COUNTY OF V11 tX ) The foregoing instrument was acknowledged before me this /4± day of l�e{ , 20 // by -'-7vu-o) My commission expires: 0-1-//1/4.6/k. Witness My Hand and Official Seal. Nota ublic c'f t1OTARy'' '• PUBLIC 1 (Remainder of page intentionally left blank) Vi 5 RECORD OF LAND OWNERSHIP AND DATED SIGNED (Please print) Landowner/Petitioner: L. G. Everist, Incorporated, an Iowa corporation Mailing Address: P. O. Box 5829, Sioux Falls, South Dakota 57117-5829 Date: December 01, 2011 Legal Description of Land Owned: A parcel of land being part of the South Half (51/2) of Section Ten (10), Township Two North (T.2N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) Corner of said Section 10 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 10 as bearing South 00°14'56"West a distance of 2658.75 feet with all bearings contained herein relative thereto; THENCE North 89°51'07" East along the North line of said SW1/4, a distance of 30.00 feet to the East Right-of-Way line (R/W) of Weld County Road No. 7 (CR 7), and the POINT OF BEGINNING; THENCE North 89°51'07" East along said North line, a distance of 1294.66 feet to the Center-West Sixteenth (C-W1/16) corner of said Section; THENCE North 89°50'00" East along said North line, a distance of 1324.59 feet to the Center Quarter corner (C1/4) of said Section; THENCE North 89°50'45" East along the North line of the Southeast Quarter (S1/4) of said section, a distance of 13123.36 feet to the Center-East Sixteenth (C-E1/16) corner of said Section; THENCE South 00°11'37"West, along the East line of the West Half(W1/2) of the Southeast Quarter (SE1/4) of said section, a distance of 2666.15 feet to the East Sixteenth (E1/16) corner of said Section; THENCE South 89°55'52"West along the South line of said W1/2, a distance of 1325.29 feet to the South Quarter (S1/4) corner of said Section; THENCE South 89°57'36"West along the South line of the SW1/4, a distance of 2619.86 feet to the East R/W of CR 7; THENCE North 00°14'56" East along said R/W, a distance of 2658.81 feet to the POINT OF BEGINNING. Said described parcel of land contains 10,501,020 Square Feet or 241.0702 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. 6 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF \Q\ ) James A. Sittner, Assistant Secretary, L. G. Everist, Incorporated, an Iowa corporation, being first duly sworn upon oath, 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 eight (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. Ci culator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged 9-aAtrzta-) before me this hi (if day of 4-c14v�LiA) , 20 // by L� / C 4n-eid • My commission expires: ea- /f/c 2 / Witness My Hand and Official Seal. • 11T�2 .N.A'Ast•e&a Notary P lic {/SOTARf:•.?i :• � Xi Pu e 7 EXHIBIT A L.G. EveristAnnexation Legal Description: A parcel of land being part of the South Half(S1/2) of Section Ten (10), Township Two North (T.2N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter (W1/4) Corner of said Section 10 and assuming the West line of the Southwest Quarter (SW1/4) of said Section 10 as bearing South 00°14'56"West a distance of 2658.75 feet with all bearings contained herein relative thereto; THENCE North 89°51'07" East along the North line of said SW1/4, a distance of 30.00 feet to the East Right-of-Way line (R/W) of Weld County Road No. 7 (CR 7), and the POINT OF BEGINNING; THENCE North 89°51'07" East along said North line, a distance of 1294.66 feet to the Center-West Sixteenth (C-W1/16) corner of said Section; THENCE North 89°50'00" East along said North line, a distance of 1324.59 feet to the Center Quarter corner (C1/4) of said Section; THENCE North 89°50'45" East along the North line of the Southeast Quarter (S1/4) of said section, a distance of 13123.36 feet to the Center-East Sixteenth (C-E1/16) corner of said Section; THENCE South 00°11'37"West, along the East line of the West Half(W1/2) of the Southeast Quarter (SE1/4) of said section, a distance of 2666.15 feet to the East Sixteenth (E1/16) corner of said Section; THENCE South 89°55'52"West along the South line of said W1/2, a distance of 1325.29 feet to the South Quarter (S1/4) corner of said Section; THENCE South 89°57'36"West along the South line of the SW1/4, a distance of 2619.86 feet to the East R/W of CR 7; THENCE North 00°14'56" East along said R/W, a distance of 2658.81 feet to the POINT OF BEGINNING. Said described parcel of land contains 10,501,020 Square Feet or 241.0702 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. 8 RESOLUTION NO. 12-R-51 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK,SAID ANNEXATION TO BE KNOWN AS THE "L. G. EVERIST ANNEXATION" WHEREAS, a petition for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Dennis L. Fields,Vice President; 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.,January 8, 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 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 13th DAY OF NOVEMBER, 2012. ATTEST: °"- '`'E_' , TO F FRE RICK By V _', Megh C. Martin wn aPk , I Ton Carey, ayor EXHIBIT A Legal Description of L. G. Everist Annexation A parcel of land being part of the South Half(S I/2)/2) of Section Ten (10),Township Two North (T.2N.), Range Sixty-eight West(R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado, and being more particularly described as follows: COMMENCING at the West Quarter(W1/4) Corner of said Section 10 and assuming the West line of the Southwest Quarter(SW l/4)of said Section 10 as bearing South 00°14'56" West a distance of 2658.75 feet with all bearings contained herein relative thereto; THENCE North 89°51'07"East along the North line of said SW1/4,1/4,a distance of 30.00 feet to the East Right-of-Way line (R/W)of Weld County Road No. 7(CR 7),and the POINT OF BEGINNING; THENCE North 89°51'07" East along said North line, a distance of 1294.66 feet to the Center-West Sixteenth (C-W1/16)corner of said Section; THENCE North 89°50'00"East along said North line, a distance of 1324.59 feet to the Center Quarter corner(C1/4)of said Section; THENCE North 89°50'45" East along the North line of the Southeast Quarter(S1/4) of said section, a distance of 13123.36 feet to the Center-East Sixteenth(C-E1/16) corner of said Section; THENCE South 00°11'37" West, along the East line of the West Half(W1/2) of the Southeast Quarter(SEI/4) of said section,a distance of 2666.15 feet to the East Sixteenth (E1/16)corner of said Section; THENCE South 89°55'52" West along the South line of said W1/2. a distance of 1325.29 feet to the South Quarter(S1/4)corner of said Section; THENCE South 89°57'36" West along the South line of the S W l/4, a distance of 2619.86 feet to the East R/W of CR 7; "THENCE North 00°14'56"East along said R/W,a distance of2658.81 feet to the POINT OF BEGINNING. Said described parcel of land contains 10,501,020 Square Feet or 241.0702 Acres, more or less (f), and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. LZSS-989 (OL6) srj LLOS`989 (0L6) .auov�d - -- oesoe oo 'Noiaaa3ad 'ia3ais isnaol Boa N a c o eao o, aos u[,_ aux ua SY.i NOIa303a3 �0 NMOl OS_OS P 17` P 11 Q P J '30S9. ��'� - _-- am _ r _231 i m ')NT SIIOA JAUnS DNI`T Cab 3NOZ321 ONV NOIlVX3NNV o m o u 1 jl �� 31tl0 SN06N3tl P.P pEsH.tia. go FA: re SI E - _ iY - _ 5 I _ E` 23 1 la.n_ 'as wb it Ee NI E E_ 3 I' - _ a t1 Il Is gIz 13 IN li Eo _ E t.H I. 4 Ei g eY Ex` z ¢J a a s a- x ¢¢"oz, zi c.<< -s; _ 2. _0 2323 I Lill 4. k G V w __ Y nrn.v..o>rrro r$W A c3 E nru °^•u e�m Q 0 _ w H 1iH]m , giII 8a — H C nn ti-^^o rmm O I w O I7 u 0 V: i O vi C. cc e t o _I 23 _ - S e. w m a .1. 0 - __ _ _ _ i ca:cc N s m m NH N Z E ti 1 0 ..} a U N Q Nza W _ ..= z w -- o a • wI ..zo 0 xoa - .a. r_ o z0 ¢om z g 311 ;.. It o _ _ - _ Z Z_ Ed-�0, a 3;!' L3 6 Hs' ,?.OF E F m E E d CS W~ - _ Nn E r n li ¢F, OO m e g Z 00 O< "' k $ ,RIII I 6 FL) a k 04 k 1 <_t by ._w �PF -�.��?wpm o w z. r v - - s 7 - e 1285-989 (0L6) :x J I H0S-989 (0L6) .auoyd __ - - - 02902 00 EDIa303ad nails isro01 Loa 0SS0S P [ �' P 11 Q l x'"1059. N�ia3a3 � �o wvlol ₹ o exo o s0s ut ann ua 2U '�'l a0d lIsii _ E m 'ANT SB�)AHAIInS ONI`T .9�'' 3N0Z3a GNV N0IlHX3NNH -, 2- LI 5 _ e 1 !1 4.161. .31'10 suoisN 3a p 4p - I 0 0 o yen KAI .. - ,d,end ' sryd0NN07 Sus cis S l'999Z M.Lf.U.005 - 6 Cl L N ow = n S. N - N 9 LtN E W N as cs Na = r U oitid t.0 t4 W w A vb �. C A sw 52 LIN _ o n N • 0 _o ¢Y k k p z 0i .9sst cv O U f0, bei Et h W N co.4411 1%1 n Sco v ts o. o o- N LO 6- ;7 O er` a F _ ZaYONdrNno9O7141 V $BB99Z 394L.00N 41 / 2 / R �. ---- ui Oe nr la do ssr's) se sue xss sues I 0E" ti //J^ ONINOL UNr.DD 1,.',� s Hello