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HomeMy WebLinkAbout20123233.tiff 4R,Difi ERICK° CO TOWN OF FREDERICK RECEIVED �M Planning Department Cii'T (. or j_i.- - _ 401 Locust Street • P.O. Box 435 • Frederick, CO 80530-04 WELD COUNTY Phone: (720) 382-5500 • Fax: (720) 382-5520 COMMISSIONERS Website: www frederickco cloy October 29, 2012 RE: Upcoming meetings regarding Frederick-Firestone Fire Protection District Annexations 1-2 and Zoning 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, 1/3 of a mile south of State Highway 119 and adjacent to Weld County Road 7 Proposal Annexation and Zoning Area Approximately 3.004 acres in total Existing Use Agriculture Existing Zoning Weld County Agriculture Surrounding land uses and zoning North Agricultural/Weld County Agriculture South Agricultural/Weld County Agriculture East Agricultural/Weld County Agriculture West Open Space/City of Longmont Public , I Lch):C Ac ti, eto 1 a- g-• Er- /Q e e.. 5C PLC ep,l/C.rz1A' m> 2012-3233 1/- J9- LQC/a Comprehensive plan designation Public Property owner Frederick-Firestone Fire Protection District Applicant contact person Chief Poszywak 303.833.2742 Planner Jennifer Simmons 720.382.5651 phone 720.382.5520 fax isimmons@frederickco.gov 4- Frederick-Firestone Fire Protection District Annexation #1 PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: July 10, 2012 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. The Town of Frederick (TOWN), 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. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. EXCEPTION THEREFROM, the West 30.00 feet of said Lot B. Said described parcel of land contains 71,477 Square Feet or 1.641 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. 1 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. 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 2 4. l 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 Public. 3 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. 6/7-- • �� i67 G 2viz J rl, Frederick-Firestone Fire Protection Date Dist ict, Board President STATE OF COLORADO) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 9�-' day of aa,\S , 2012 by -T',mo�h� U. DALE ROBIN INGRAHAM k My commission expires: d9/a3/aola, NOTARY PUBLIC { STATE OF COLORADO Witness My Hand and Official Seal. /� �MY CommissionEayires Q _ Notary Public 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print n Landowner/Petitioner: rneeEa,c,e. fih5-oNG foe (- rscr,rr., D,sr2,os Mailing Address: t?. 6, 3ox ,2q , f aeoce,cic, CO Sasso Date: J,,,,1 q, zo,2 Legal Description of Land Owned: Lot B, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. EXCEPTION THEREFROM, the West 30.00 feet of said Lot B. Said described parcel of land contains 71,477 Square Feet or 1.641 Acres, more or less (±). 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF WELD ) Timothy J. Kosmerl, Frederick-Firestone Fire Protection District Board President, 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 seven (7) 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. othy J erl, Frederick-Firestone Fire Protection District Board President, Circulate STATE OF COLORADO) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this q ' day of 5wly , 2012 by 1;mo-Hn T. <osrner My commission expires: v9 / cola, DALE ROBIN INGRAHAM NOTARY PUBLIC STATE OF COLORADO Witness My Hand and Official Seal. My Commission Expires o O Attat)hszjeurC Notary Public 6 EXHIBIT A Frederick-Firestone Fire Protection District Annexation #1 Legal Description: Lot B, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. EXCEPTION THEREFROM, the West 30.00 feet of said Lot B. Said described parcel of land contains 71,477 Square Feet or 1.641 Acres, more or less (±). Frederick-Firestone Fire Protection District Annexation #2 PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: July 10, 2012 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. The Town of Frederick (TOWN), 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 A, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. Said described parcel of land contains 59,379 Square Feet or 1.363 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. 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 Public. 3 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. 0109-2')/Z othy J. merl, Frederick-Firestone Fire Protection Date District, Board President STATE OF COLORADO) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this -I day of J u I t , 2012 by -T1 oSM et- My commission expires: o9 ha/aola DALE ROBIN CHAM NOTARY PUBLIC STATE OF COLORADO Witness My Hand and Official Seal. r., Commission Expires 04/ 3pola. A U Notary Public 4 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: . scr. �isrrz r Mailing Address: P-.o. Sox / 29 , Faeoeaa,c,c, Qo 80530 Date: Jug-, 9 Zo,Z. Legal Description of Land Owned: Lot A, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. Said described parcel of land contains 59,379 Square Feet or 1.363 Acres, more or less (±). 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF WELD ) Timothy J. Kosmerl, Frederick-Firestone Fire Protection District Board President, 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 seven (7) 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. mothy . ' erl, Frederick-Firestone Fire Protection District Board President, Circula or STATE OF COLORADO) )ss. COUNTY OF WELD ) The foregoing instrument was acknowledged before me this 1 Fh day of Su.1 , 2012 by 1;mo}h Kosrnert My commission expires: cafaq ao►al DALE ROBIN INGRAHAM NOTARY PUBLIC STATE OF COLORADO Witness My Hand and Official Seal. ' My Commission Expires Notary Public fltjaka)Laint) 6 EXHIBIT A Frederick-Firestone Fire Protection District Annexation #2 Legal Description: Lot A, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. Said described parcel of land contains 59,379 Square Feet or 1.363 Acres, more or less (f). RESOLUTION NO. 12-R-49 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE "FREDERICK-FIRESTONE FIRE PROTECTION D1SCTRICT ANNEXATIONS 1-2" WHEREAS,petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Frederick by Timothy J. Kosmerl, Board President; and WHEREAS,the Board of Trustees has reviewed the petitions; and WHEREAS,the Board of Trustees wishes to permit simultaneous consideration of the subject properties for annexation and zoning, as requested in the petitions; and WHEREAS,the Board of Trustees has reviewed the petitions and desires to adopt by Resolution its findings in regard to the petitions; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO,AS FOLLOWS: Section 1. The petitions, whose legal descriptions are 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 annexations comply 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 properties 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., December 11. 2012 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexations 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 annexations, and whether the statutory requirements for the proposed annexations have been met, and further, will determine the appropriate zoning of the subject properties if requested in the petitions. Section 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexations are proper under the laws of the State of Colorado,the Board of Trustees shall pass one or more ordinances annexing the subject properties into the Town of Frederick, and shall pass one or more ordinances zoning the subject properties if requested in the petitions. INTRODUCED, READ, PASSED,AND SIGNED THIS 23r° DAY OF OCTOBER, 2012. ATTEST: q� _ `lit, OW OF FREDERICK Wi�t. �t,^ By PlA1 Ulati ` �h By Megh C. Martine , Town Cle ony Car Mayor F- rLiciA y ti- EXHIBIT A Legal Description of Frederick-Firestone Fire Protection District Annexations 1-2 Frederick-Firestone Fire Protection District Annexation No. 1 Lot B, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter 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. EXCEPTION THEREFROM. the West 30.00 feet of said Lot B. Said described parcel of land contains 71,477 Square Feet or 1.641 Acres, more or less (+). Frederick-Firestone Fire Protection District Annexation No. 2 Lot A, Recorded Exemption No. 1313-10-1 RE-4321 recorded August 18, 2006 at Reception No. 3413186 of the Records of Weld County, located in the Southwest Quarter of the Northwest Quarter of Section Ten (10), Township Two North (1.2N.), Range Sixty-eight West (R.68W.), Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado. Said described parcel of land contains 59,379 Square Feet or 1.363 Acres, more or less (±). „ x IZ8S-989(0L6) °xt3 I I I0S-989(0LE):auogd 05909 00 'MO�a303aa tiaaais tsnool w9 eco< 01 8 m E a 05508 opuoiop`sospu . annQ uaP�`J'H 059 '���\ N�R1303 o AO NM0t R - m 3„ € 7 a s�'1 3N0Z3N 0NV N0IIVX3NNV - l 'ON "g r a a .�Nl SuIOxaAHIf1S DNI}I OC"li :3<vO snos�aa lopls10 uolloa;ad 221,3 2uO42.23-2auapa03 e€ ' sg S€ E . 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