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Home My WebLink About20090034.tiffFirestone A Community In Motion Clerk of the Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 Northern Colorado Water Conservancy District 220 Water Avenue Berthoud, CO 80513 St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 St. Vrain Valley School District 395 South Pratt Parkway Longmont, CO 80501-6499 Frederick -Firestone Fire Protection District P.O. Box 129 Frederick, CO 80530 Mountain View Fire Protection District 9119 County Line Rd. Longmont, CO 80501 Town of Frederick P.O. Box 435 Frederick, CO 80530 Weld Library District 227 23rd Avenue Greeley, CO 80631 December 26, 2008 Bruce Barker, Esq. Weld County Attorney 915 10th Street Greeley, CO 80632 Central Weld County Water District 2235 2nd Avenue Greeley, CO 80631 Weld Library District 2227 23rd Avenue Greeley, CO 80631 Carbon Valley Recreation District 701 5th Street Frederick, CO 80530 Dear Sir or Madam: Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be known as the Owen Quarter Horses Annexation. The Public Hearing on the proposed annexation is scheduled for Thursday, January 22, 2009 at 7:00 p.m., as described in the enclosed Resolution No. 08-86. Also enclosed are copies of the Petition for Annexation as filed and the notice published in the Daily Times -Call on December 16, 23 and 30, 2008 and January 6, 2009. v.aex_ tC�lt7ci TOWN OF FIRESTONE, COLORADO Judy Hegwood, Town Clerk (IC O( -Os -c7 151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520 (303) 833-3291 • fax (303) 833-4863 2009-0034 TOWN OF FIRESTONE COLORADO NOTICE OF • PUBLIC HEARINGS - I Notice is hereby given that the Planning and Zoning Commission of the Town of Firestone will hold a Public Hearing commencing at 7:00 p.m.. Wednesday. January 7. 2009 at the Firestone Town Hall, 151 Grant Avenue, Fire- stone, Colorado 80520. The purpose pt. the Public Hear- ina is to consider a reouest for zoning of property pro- posed to be annexed 'to the. Town and known as the Owen' Quarter Horses Annexation and a request for approval of initial zoning and an Outline Development Plan for the property. The zoning re- ouested is Planned Unit Development, with Residential -A (PU D -RA) land uses. Further Notice is hereby given that the Board of Trustees of the Town of Fire- stone will hold a Public Hear- ing commencing at 7:00 p.m., Thursday, January 22. 2009 at the- Firestone Town Hall, 151 Grant Avenue, Fire- stone, Colorado 80520. The purpose of the Public Hear- ing is to determine whether certain. property for which a petition for annexation has been filed with the Town, to -be knownas the Owen.Quar- ter Horses Annexation to the Town of Firestone, meets the aoolicable reouirements of. the statutes of the State of Colorado any is elidible for annexation to the Town, to determine the zoning for the or000sed annexation, and to - consider a request for ap' oroval of initial zoning and an Outline Development. Plan for the property. The zoning requested is Planned Unit Development with Residentlal-A (PUD:RA) land uses. Any person may appear at the- Public Hearings and be heard regarding the matters under consideration. The approximate location of the orooeriv is -north of Pine Cone Avenue (Road 20), be- tween Colorado Boulevard (Road 13) and frontier Street (Road 151. The legal description of the orooerty which is the subject of annex- ation and zoning request is set forth below in Exhibit A. • Copies -of the zoning, Subdivi- sion and development ap- plications, annexation peti- tion, and resolution finding that the annexation petition is in substantial compliance with the applicable laws of the State of Colorado are on file and available for public Insoection-in the office of the Town Clerk, 151 Grant Ave- nue, Firestone, CO 80520, during regular business hours. Dated the 11th day of December, 2008. TOWN OF FIRESTONE COLORADO Judy Hegwood Town Clerk RESOLUTION NO. 09-86 A RESOLUTION FINDING SUBSTANTIAL COMPLI- ANCE FOR AN ANNEX- ATION PETITION FILED WITH THE TOWN OF F IRE - STONE, COLORADO, ' KNOWN AS. THE OWEN :QUARTER HORSES ANNEXATION TO THE I TOWN OF FIRESTONE, AND SETTING A. PUBLIC ' HEARING THEREON. !WHEREAS, a petition for , annexation of -certainprop- ertv tobe known as the Owen Quarter Horses Annexation has been filed with the Town Clerk of. the Town of Fire- stone,Colorado,andreferred to the Board. of Trustees of • the Town for a determination of substantial compliance with aoolicable law; and • WHEREAS, the Board of Trustees wishes to permit si- multaneous consideration of the subjectorooerty for annexation and zoning, if re- cuested 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 FIRE' STONE,COLORAOO; Section 1.The petition, the Le- gal description for which Is attached hereto as Exhibit A and incorporated 'herein by reference. 'is In substantial compliance with the ap- plicable laws of the State of Colorado, Section 2.No election is re- ouired under 6 31-12-10712), C.R.S. . Section 3, No additional terms and conditions are to excep t imposed except any pro- vided for in the petition. Section' 4 -The Board of Trustees willhold a public hearing for the purpose of determining if the or000sed annexation complies with Sections 3112-104 and hold a 5, C.R.S., Band will hold public hearing to determine- the appropriate zoning of the subject prop- erty, if requested in the peti- tion, at the Firestone Town Hall, 151 Grant Avenue, Fire'. stone, Colorado .80520, on Thursday, January 22, 2009, at 7:00 P.M. Section 5 -Any person may endear at such hearing and present evidence relative to the or000sed annexation, or the proposed zoning if re Guested In the petition.. Section ring.completion of the hearing,, the Board of Trustees will sen forth, by resolution, its findings end conclusions with reference to the eligibility of the or000sed annexation, and whether the statutory reouirements for theproposed annexation have been met and further, willt determine the appro- priate zoning of' the subject property If requested in the 'oetitlon.. Section 7.If the Board of 'Trustees concludes, by :resolution, that all statutory I requirements the n have been met and that proposed annex- ation is orooer under the laws of the State of Colorado, the Board off-Trusav pass one or more Ordinances annexing the subject prop- erty to the. Town- of Fire- stone, and will pass one or more ordinances zoning the subject orooertv if requested in the petition. INTRODUCED, READ, and ADOPTED this 11th day of December, 2008. /s/ Chad Auer Mayor ATTEST: /s/ Judy Heowood Town Clerk EXHIBIT A LEGALDESCRIPTION OWEN QUARTER HORSES ANNEXATION ' A PARCEL OF. LAND LO CATED IN THE NORTH ONE-HALF OF THE - SOUTHEAST ONE- QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLO- LLMORE ESCRIBEDPARTICU- LARLY DESCRIBED AS FOLLOWS: . COMMENCING 'AT THE EAST. ONE QUARTER COR NER OF SAID SECTION 18; THENCE S 00'00'00' ,W ALONG SAID EAST LINE OF THE SOUTHEAST ONE - QUARTER OF SECTION 18, A DISTANCE OF 50.00 - FEET; THENCE N 89°05'43" W A DISTANCE OF 30-.00 FEET TO A POINT ON. THE WESTERLY RIGHT-OF- WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINNING;' T MENCE N 89°05'43' W. PARALLEL WITH AND 50.002 DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; THENCE S 00°00'00" E A DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE QUARTER OF SAID -SEC- TION 18; THENCE N 88°56'00' W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 .F E E T TO THE SOUTHWEST CORNER OF THE NORTHWEST QUAR- TER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N 00°17'49' W ALONG THE WEST LINE OF THE. NORTHWEST. QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 'FEET TO THE CENTER ONE -QUARTER. CORNER OF SECTION 18; THENCE S 89°05'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A .DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF- WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 151 THENCE S 00°00'00" W ALONG THE WESTERLY RIGHT-OF-WAY LINE A ' DISTANCE OF 50:00 FEET TO THE POINT OF BEGIN- NING; CONTAINING 1,740,576 SQUARE FEET OR 39.958 ' ACRES MORE OR LESS. Published in the Times -Cell, Longmont, Colorado December 16, 23, 30, 2008 and January 6,2009: RESOLUTION NO. 08-86 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE, COLORADO, KNOWN AS THE OWEN QUAR I ER HORSES 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 Owen Quarter Horses 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 except any 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 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 Thursday, January 22, 2009, at 7:00 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. 2 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 11`h day of December, 2008. /s/ Chad Auer Chad Auer Mayor ATTEST: /s/ Judy Hegwood Judy Hegwood Town Clerk EXHIBIT A LEGAL DESCRIPTION OWEN QUARTER HORSES ANNEXATION A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE S 00°00'00" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE - QUARTER OF SECTION 18, A DISTANCE OF 50.00 FEET; THENCE N 89°05'43" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINNING; THENCE N 89°05'43" W, PARALLEL WITH AND 50.00' DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; 3 THENCE S 00°00'00" E A DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE N 88°56'00" W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N 00°17'49" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 18; THENCE S 89°05'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) THENCE S 00°00'00" W ALONG THE WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,740,576 SQUARE FEET OR 39.958 ACRES MORE OR LESS. 1218/2008 L40 PM [kkh] SSFirestoneUnnexation\Owen Quarter Horses.ntc doc 4 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 Owen Quarter Horses 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 hundred thousand dollars ($200,000.00) for ad valorem tax purposes for 1 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. j. The territory proposed to be annexed is ao 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. 1. 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 facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 2 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 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 PUD R -A. 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 hole 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. 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, 3 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 Circulator 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 t 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. ACKNOWLEDGMENT STATE OF COLORADO )ss COUNTY OF weld The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this 30_ day of UnteMbet , 200j Witness my hand and official seal. My commission expires on: R Dk 1701 totititsiof .` 0P•• -. L,, otary Public 2Z b' kaIzrac it i 1'r-- Address x'00° b CO o OPP``� 101 (SEAL) 5 Co DSO I SIGNATURE SHEET LU emiI pe/\!808 Ste Exhibit attached hereto and incorporated into this petition by this. reference for the legal description ` of the roan owned by I this sinner Are you a nonresident landowner of the area 'imposed to be annexed? (Yes or No) Are you a registered elector, resident landowner of the area proposed to be annexed? nre, itt,) 4-0 czt �,N 0 om A_ 2 Signature of Landowner/ Petitioner EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 10 EXHIBIT N OWEN QUARTER HORSES ANNEXATION LEGAL A PARCEL OF LAND LOCATED IN THE NORTH ONE-HALF OF THE SOUTHEAST ONE - QUARTER OF SECTION 18, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST ONE -QUARTER CORNER OF SAID SECTION 18; THENCE S 00°00'00" W ALONG SAID EAST LINE OF THE SOUTHEAST ONE -QUARTER OF SECTION 18, A DISTANCE OF 50.00 FEET; THENCE N 89°05'43" W A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT- OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) AND THE POINT OF BEGINNING; THENCE N 89°05'43" W, PARALLEL WITH AND 50.00' DISTANT FROM THE NORTH LINE OF THE SOUTHEAST QUARTER, A DISTANCE OF 1342.58 FEET; THENCE S 00°00'00" E A DISTANCE OF 1268.03 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE SOUTHEAST ONE -QUARTER OF SAID SECTION 18; THENCE N 88°56'00" W ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1268.20 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18; THENCE N 00°17'49" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1314.58 FEET TO THE CENTER ONE -QUARTER CORNER OF SECTION 18; THENCE S 89°05'43" E ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 18, A DISTANCE OF 2617.53 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF FRONTIER STREET (WELD COUNTY ROAD NO. 15) THENCE S 00°00'00" W ALONG THE WESTERLY RIGHT-OF-WAY LINE A DISTANCE OF 50.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,740,576 SQUARE FEET OR 39.958 ACRES MORE OR LESS. 3 Transmittal To Weld County Board of County Commissioners From Bruce Nickerson, Town Planner Subject Owen Quarter Horses Annexation Impact Report Date December 31, 2008 Please see the attached Impact Report for the proposed Owen Quarter Horses Annexation to the Town of Firestone. Please contact me if you have any questions. Firestone 151 Grant PO Box 100 Firestone, Colorado 80520 (303) 833-3291 FAX 833-4863 Bruce Nickerson bruce@nickersonco.com (303) 422-7393 FAX 422-7834 FIRESTONE A COMMUNITY IN MOTION Annexation Impact Report Owen Quarter Horses Town of Firestone Weld County Colorado December 31, 2008 Owen Quarter Horses Annexation To the Town of Firestone Weld County, Colorado I. Project Description The location of the proposed Owen Quarter Horses Annexation is shown on the Annexation Map (Attachment A). The area to be annexed includes approximately 40 acres and is generally bounded on the north, east and south by the Firestone municipal boundary. In conjunction with the proposed annexation, the zoning for the subject property is anticipated to change from Weld County Agricultural zoning to Town of Firestone Planned Unit Development zoning with the Residential - A ("R -A") land use category. The proposed Outline Development Plan is shown as Attachment B. Current uses of the property includes single family residential and horse training and boarding. The Town Board will review the annexation and zoning proposals in relation to the Town's current land use and development policies. The land uses proposed are generally consistent with the Firestone Master Plan. A development referral relative to the proposed land use for the property has been sent to the Weld County Planning Department for comments. The Town's current boundaries are shown in Attachment C. II. Municipal Services Municipal services for Owen Quarter Horses are anticipated to be provided in the following manner at the time of development of the property: Electricity United Power Natural Gas Source Gas Telephone Qwest Water Town of Firestone Sewer St. Vrain Sanitation District Fire Frederick Firestone Fire Protection District Police Firestone Police Department Financing for the extension of and/or the improvement of the municipal services will primarily be the responsibility of the property owner/developer, through appropriate agreements and financing and completion guarantees. Additional funding for provision of municipal services provided by the Town Owen Quarter Horses Impact Report will be financed through impact fees, taxes, charges and/or special improvement districts, if necessary. The owner/developer will primarily be responsible for the costs of water and service facilities serving the property. The Outline Development Plan generally shows approximate existing or planned locations of ditches, transportation facilities, water and sewer facilities and other known utilities. Access to the property is required to comply with the Town's Access Code. III. Special Districts The area proposed to be annexed is within or will petition for inclusion into the following special districts as may be directed by the Town: Weld Library District Weld County RE -1 School District • Northern Colorado Water Conservancy District Frederick Firestone Fire Protection District St. Vrain Sanitation District Carbon Valley Recreation District IV. School District Impact A referral regarding this annexation and the currently proposed land uses will be sent to the School District for referral. The response, from the School District should be forthcoming. The density of the proposed annexation is still being considered by the Town. At the proposed maximum density it is estimated that there will be 18 elementary, 9 middle, and 9 high school students, for a total of 36 students, generated from the proposed development. V. Annexation Agreement Although all the details of an annexation agreement between the Town and the applicant have not been negotiated, the Town of Firestone's form annexation agreement is attached as Exhibit D. Owen Quarter Horses Impact Report 2 VI. Attachments A. Annexation Map Annexation map B. Outline Development Plan Proposed land use map for the annexation C. Current Town Boundary Current Town boundary map D. Annexation Agreement Firestone's form Annexation Agreement Owen Quarter Horses Impact Report 3 ATTACHMENT A LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. ATTACHMENT B LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. ATTACHMENT C ATTACHMENT D ANNEXATION AGREEMENT (Standard Form May 6, 2002) THIS AGREEMENT is made and entered into this day of , by and between , hereinafter referred to as or "Owner," and the TOWN OF FIRESTONE, a municipal corporation of the State of Colorado, hereinafter referred to as "Firestone" or "Town". WITNESSETH: WHEREAS, the Owner desires to annex to Firestone the property more particularly described on Exhibit "A," which is attached hereto, incorporated herein, and made a part hereof (such property is hereinafter referred to as "the property"); and WHEREAS, Owner has executed a petition to annex the property, a copy of which petition is on file with the Town Clerk; and WHEREAS, it is to the mutual benefit of the parties hereto to enter into the following Agreement; and WHEREAS, Owner acknowledges that upon annexation, the property will be subject to all ordinances, resolutions, and other regulations of the Town of Firestone, as they may be amended from time to time; and WHEREAS, Owner acknowledges that the need for conveyances and dedication of certain property, including but not limited to property for ways and easements to Firestone as contemplated in this Agreement, are directly related to and generated by development intended to occur within the property and that no taking thereby will occur requiring any compensation. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Incorporation of Recitals. The parties confirm and incorporate the foregoing recitals into this Agreement 2. PRrrpnce The purpose of this Agreement is to set forth the terms and conditions of the annexation of the property to the Town. Except as expressly provided for herein to the contrary, all terms and conditions herein are in addition to all requirements concerning annexation contained in the Firestone Municipal Code, Development Regulations and Comprehensive Plan, and the 1 EXHIBIT N Municipal Annexation Act of 1965, as amended, C.R.S. Section 31-12-101 et seq. 3. Frirther- Acts. Owner agrees to execute, promptly upon request of Firestone, any and all surveys and other documents necessary to effect the annexation of the property and the other provisions of this Agreement. Owner agrees to not sign any other petition for annexation of the property or any petition for an annexation election relating to the property, except upon request of Firestone. 4. Annexatinn Dormments. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, and reports determined by Firestone to be necessary to accomplish the annexation. Firestone shall at Owner's expense prepare the annexation impact report. 5. Artinn nn Annexation Petitinn Firestone shall act upon the annexation petition within six months of the date of filing thereof with the Town Clerk, unless Owner consents to later action. 6. %nning and Ilevelnpment The parties recognize that it is the intent and desire of Owner to develop the property in a manner generally consistent with the zoning requested and that the granting of such zoning by the Town of Firestone is a condition to annexation of the property. Owner shall take all action necessary to permit zoning by Firestone of the annexed property within the time prescribed by state statutes. 7. Deriiratinns. Owner agrees to dedicate by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town, ten percent of the territory to be annexed for public open space or pay an equivalent fee in lieu of dedication, in addition to easements by Tond wn ts- of-way for streets and other public ways and for other public purposes, as required ordinances and resolutions. Such dedications shall occur immediately upon request of the Town except that internal rights -of -way shall be dedicated at the time of subdivision platting, unless the Town specifies another time. 8. Public Improvements Owner agrees to design, improve, and provide signage, lighting, and signalization for, all public streets and other public ways within or adjacent to the property in accordance with Town ordinances and resolutions and other applicable standards, subject to any reimbursement which may be provided for in such ordinances, resolutions, and standards, and to make such other improvements as required by Town ordinances and resolutions, to guarantee construction of all required improvements, and, if requested by Firestone, to dedicate to Firestone any or all other required improvements. If requested by Firestone, Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the property. 2 EXHIBIT N 9. Improvement Districts If requested by Firestone, Owner agrees to include the property in one or more special improvement districts or other mechanisms established by Firestone for making improvements to streets and other public ways, or for making other public improvements authorized by law, and Owner hereby appoints the Town Clerk of Firestone as Owner's attorney -in -fact for the purpose of executing all documents determined by Firestone to be necessary for such inclusion. If requested by Owner, Firestone agrees to consider the establishment of one or more special improvement districts for making such improvements. 10. Conformity with 1 aws. Owner agrees that the design, improvement, construction, development, and use of the property shall be in conformance with, and that Owner shall comply with; all Town ordinances and resolutionsincluding, without limitation, ordinances and resolutions pertaining to annexation, subdivision, zoning, storm drainage, utilities, access to Town Streets and flood control. 11. No Repeal of Taws. Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the Town's ordinances or resolutions, or as a waiver of the Town's legislative, governmental, or police powers to promote and protect the health, safety, and welfare of the Town and its inhabitants; nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. 12. Ilicronnertinn.No tight or remedy of disconnection of the property from the Town shall accrue from this Agreement, other than that provided by applicable state laws. In the event the property or any portion thereof is disconnected at Owner's request, Firestone shall have no obligation to serve the disconnected property or portion thereof and this Agreement shall be void and of no further force and effect as to such property or portion thereof. 13. Severahility The parties agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, portion, or provision held to be invalid. 14. Municipal Services. Firestone agrees to make available to the property all of the usual municipal services in accordance with the ordinances and policies of the Town which services include, but are not limited to, police protection and water services. Water service to the property shall be obtained from and provided by the Town, subject to all ordinances, resolutions, rules, regulations, agreements and policies governing such use, as in effect from time to time. Owner acknowledges that Town services do not include, as of the date of the execution of this Agreement, fire protection, emergency medical services or sanitary sewer services, but the property is presently included within the boundaries of and is entitled to receive such services from the Fire Protection District and the Sanitation District. 15. Water Rights. Owner shall dedicate water rights as set forth in this section. 3 EXHIBIT N A. Residential Uses. Owner, as a prerequisite to annexation, agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.A of the Firestone Municipal Code with respect to any residential development on the property. All such water transferred to the Town shall be Northern Colorado Water Conservancy District/Colorado Big -Thompson water shares or such other shares as the Town in its sole. discretion may accept. Title to the required water rights, free and clear of all liens and encumbrances, shall be deliverable to the Town at the time of final subdivision platting of any residential area. No subdivision plat shall receive final approval until the Town becomes the titled owner of all water required for the platted area. B. commercial and Tndustrial I ices. Owner, as a prerequisite to annexation, agrees to furnish and transfer ownership to the Town of the minimum water rights as required under Section 1.08.050.B of the Firestone Municipal Code with respect to any portion of the property zoned commercial or industrial. This requirement shall be met- at the time of annexation. If no portion of the property is zoned at the time of annexation for commercial or industrial use, the requirements of this subsection B shall be met at the time of rezoning of any portion of the property for commercial or industrial use. C. Appurtenant Water Rights/Right of First Refi,cal. Owner represents that there are appurtenant to the Property certain surface and/or groundwater water rights owned by Owner and set forth on Exhibit "B", which is attached hereto, incorporated herein, and made a part hereof (hereinafter referred to as "the Water Rights"). Owner further represents that the Water Rights constitute all of the water rights appurtenant to the Property, that the Water Rights are and will be used in connection with current uses of the Property until the Property is developed. If the Owner at any time determines to sell or transfer all or any portion of the Water Rights for any use other than a use upon the Property, then the Owner shall provide the Town with written notice of Owner's intent to make such a sale or transfer. The notice shall include a description of the Water Rights proposed for sale or transfer, the proposed sale or transfer price, and all other material terms and conditions of the proposed sale or transfer. For a period of sixty (60) days after receipt of such notice, the Town shall have the first right to purchase the Water Rights intended for sale or transfer. The Town may purchase the Water Rights intended for sale or transfer upon terms and conditions that are mutually acceptable to Owner and the Town, but which are in no event less favorable than the terms and conditions of Owner's intended sale or transfer to any third party who is a bona fide purchaser for value. In the event the purchase price cannot be determined by reference to an offer by a bona fide purchaser, the purchase price to be paid by the Town shall be established by a qualified water rights appraiser selected by agreement of the Town and Owner within ten (10) days after Town receipt of Owner's notice of intent to sell or transfer the Water Rights. In the event the Town and Owner are unable to agree upon an appraiser, then each party shall within fifteen (15) days of Town receipt of such notice select its own appraiser, and the two of them shall appoint a 4 EXHIBIT N single appraiser within twenty (20) days of Town receipt of such notice. In the event Owner and the Town have not entered into an agreement within sixty (60) days of the Town's receipt of Owner's notice of intent to sell or transfer the Water Rights, then the Town's first right to purchase the Water Rights shall terminate. The Owner may thereafter proceed to sell or transfer the Water Rights on terms and conditions no more favorable than the terms and conditions last offered to the Town. The Owner and Firestone agree that the above provisions shall apply in lieu of the requirement in Firestone Municipal Code Section 1.08.050.C, requiring the Owner offer to sell appurtenant water rights at the time of annexation. The right of first refusal under this Paragraph shall terminate upon the consummation of the sale to a third party of all or that portion of the Water Rights conveyed of the above -described Water Rights, but only as to the portion and interest so sold, and only after full compliance with the terms of this right of first refusal, and provided the sale is on the same terms and conditions and for the price set forth in the notice sent to the Town; however, if such sale is not consummated, this right of first refusal shall remain in effect In any event, all rights under this Paragraph shall terminate ninety years from the date of this Agreement 16. Special Provisions [Leave blank for special provisions.] 17. Owners Accnriation. If required by state law, Owner shall organize an appropriate unit owners association or associations for given parcels and/or antypeos within thee development e Common of the Property. Owner shall form any such association(s) pursuant The Owner shall g also execute Interest Ownership Act ("Act"). C.R.S. Section 38-33.3-101 et seq and record covenants and instruments of conveyance which comply with the Act and which adequately provide for continuous ownership, operation, maintenance, repair and replacement of common elements of the development, including but not limited to any private roads, private common areas and private facilities. At least ten (10) days prior to recording any covenants or instruments of conveyance to the association(s), Owner shall provide such documents to the Town Attorney for review and comment. 18. Special District inrhncinn. Within ten (10) days after written request by the Town, Owner shall apply for inclusion of the property within the Northern Colorado Water Conservancy District, the Sanitation District, the Carbon Valley Recreation District (if the property is not yet within one or more of these district), and any other special districts as determined by the Town. - 19. Ftmrre Cooperation The parties agree that they will cooperate with one another in accomplishing the terms, conditions, and provisions of the Agreement, and will execute such additional documents as necessary to effectuate the same. 20. Amendment. This Agreement may be amended by the Town and any Owner without the consent of any other Owner as long as such amendment affects only that Owner's portion of the property. Such amendments shall be in writing, shall be recorded with the County 5 EXHIBIT N Clerk of Weld County, Colorado, shall be covenants running with the land, and shall be binding upon all persons or entities having an interest in the property subject to the amendment unless otherwise specified in the amendment. Except as otherwise provided herein, this Agreement shall not be amended unless approved in writing by all parties hereto. 21. Fntire Agreement This Agreement embodies the entire agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement supersedes all previous communications, representations, or agreements, either verbal or written, between the parties. 22. indemnifiratinn Owner agrees to indemnify and hold harmless the Town and the Town's officers, employees, agents, and contractors, from and against all liability, claims, and demands, including attorneys' fees and court costs, which arise out of or are in any manner connected with the annexation of the property, or with any other annexation or other action determined necessary or desirable by the Town in order to effectuate the annexation of the property, or which are in any manner connected with Firestone's enforcement of this Agreement. Owner further agrees to investigate, handle, respond to, and to provide defense for and defend against or at the Town's option to pay the attorneys' fees for defense connSel of the Town's choice for, any such liability, claims, or demands. 23. Owner As used in this Agreement, the term "Owner" shall include any of the heirs, transferees, successors, or assigns of Owner, and all such parties shall have the right to enforce this Agreement, and shall be subject to the terms of this Agreement, as if they were the original parties thereto. 24. Amendments tn 12w As used in this Agreement, unless otherwise specifically provided herein, any reference to any provision of any Town ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 25. Binding Effect This Agreement shall be binding upon and inure to the benefit of the heirs, transferees, successors, and assigns hereof, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk of Weld County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 26. Failure tn Annex This Agreement shall be null and void if the Town fails to approve the annexation of the property. 27. Notice. All notices required under this Agreement shall be in writing and shall be hand -delivered or sent by facsimile transmission or registered or certified mail, return receipt requested, postage prepaid, to the addresses of the parties herein set forth. All notices by hand delivery shall be effective upon receipt. All facsimile transmissions shall be effective upon 6 EXHIBIT N transmission receipt. All notices by mail shall be considered effective 72 hours after deposit in the United States mail with the proper address as set forth below. Either party by notice so given may change the address to which future notices shall be sent. Notice to Town: With copy to: Notice to Owner: With copy to: Town of Firestone P.O. Box 100 Firestone, CO 80520 Griffiths, Tanoue, Light, Harrington & Dawes, P.C. 1860 Blake Street, #550 Denver, CO 80202 28. Election Owner agrees that it is voluntarily entering into this Agreement. Owner represents and submits that, to the extent an election would be required pursuant to C.R.S., 31-12- 112, as amended, to approve the annexation or to impose terms and conditions upon the Property to be annexed, Owner owns 100 percent of the Property, excluding public streets and alleys, and would vote to approve the annexation and all terms and conditions as set forth herein. Thus, any election would necessarily result in a majority of the electors' approval to the annexation and the terms and conditions. 29. T egislative Discretion. The Owner acknowledges that the annexation and zoning of the property are subject to the legislative discretion of the Board of Trustees of the Town of Firestone. No assurances of annexation or zoning have been made or relied upon by Owner. In the event that, in the exercise of its legislative discretion, any action with respect to. the property herein contemplated is not taken, then the sole and exclusive right of Owner with respet.t to such exercise of discretion shall be the withdrawal of the petition for annexation by the Owner, or disconnection from the Town in accordance with state law, as may be appropriate. 30. No Third -Party Rights. This Agreement is made solely for the benefit of the parties hereto, and is not intended to nor shall it be deemed to confer rights to any persons or entities not named as parties hereto. 31. Governing Taw The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action 7 EXHIBIT N for enforcement of any obligation contained herein, it is agreed that the venue of such suit or action shall be in Weld County, Colorado. 32. Headings. The paragraph headings in this Agreement shall not be used in the construction or interpretation hereof as they have no substantive effect and are for convenience only. 33. Nn Warrantiec by Town The Town is entering into this Agreement in good faith and with the present intention, on the part of the present Town Board, that this Agreement will be complied with. However, because some of the provisions of this Agreement may involve areas of legal uncertainty, the Town makes no representation as to the validity or enforceability of this Agreement against the Town, and by entering into this Agreement the Owner acknowledges and accepts that no such warranty is made on the part of the Town. OWNER By: TOWN OF FIRESTONE By: Rick Patterson, Mayor ATTEST: Town Clerk EXHIBIT N • ACKNOWLEDGEMENT (Owner) STATE OF COLORADO COUNTY OF ) ). )ss The above and foregoing signature of was subscribed and sworn to before me this day of Witness my hand and official seal. My commission expires on: (SEAL) 050602/853 [sj l]F:\Users\Sam\WPDocsWireston\Forms\Annex. agm 9 EXHIBIT N EXHIBIT A LEGAL DESCRIPTION OF PROPERTY 10 EXHIBIT N EXHIBIT B DESCRIPTION OF APPURTENANT WATER RIGHTS 11 EXHIBIT N Hello