HomeMy WebLinkAbout20091311.tiffI
May 29, 2009
Clerk of the Weld County Board
of County Commissioners
P.O. Box 758
Greeley, CO 80632
Frederick -Firestone Fire Protection District
P.O. Box 129
Frederick, CO 80530
St. Vrain Sanitation District
11307 Business Park Circle
Firestone, CO 80504
St. Vrain Valley School District
395 South Pratt Parkway
Longmont, CO 80501-6499
Central Weld County Water District
2235 2nd Avenue
Greeley, CO 80631
Carbon Valley Recreation District
701 5th Street
Frederick, CO 80530
St. Vrain and Left Hand Water Conservancy District
9595 Nelson Rd, Box C
Longmont, CO 80501
Northern Colorado Water Conservancy District
220 Water Avenue
Berthoud, CO 80513
Dear Sir or Madam:
Bruce Barker, Esq.
Weld County Attorney
915 10th Street
Greeley, CO 80632
Mountain View Fire Protection District
9119 County Line Road
Longmont, CO 80501
Town of Frederick
P.O. Box 435
Frederick, CO 80530
City of Dacono
P.O. Box 186
Dacono, CO 80514
Weld -High Plains Library District
2227 23rd Avenue
Greeley, CO 80631
Left Hand Water District
P.O. Box 210
Niwot, CO 80544
Weld County Tri-Area Sanitation District
P.O. Box 213
Frederick, CO 80530
Enclosed please find notification of a proposed annexation to the Town of Firestone, Colorado, to be
known as the Firestone 8th Annexation. The Public Hearing on the proposed annexation is scheduled for
Thursday, June 25, 2009 at 7:00 p.m., as described in the enclosed Resolution No. 09-13. Also enclosed
is a copy of the Petition for Annexation as filed and the notice published in the Longmont Daily Times -
Call and the Carbon Valley Farmer and Miner on May 20, May 27, June 3, and June 10, 2009.
J
TOWN OF FIRESTONE, COLORADO
Judy Hegwood, Town Clerk
C' Ickj/0j
(;<' S9 ('1fi CC
2009-1311
RESOLUTION NO. 09- 33
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE FIRESTONE EIGHTH (8") ANNEXATION TO
THE TOWN OF FIRESTONE, AND SETTING APUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Firestone
Eighth (80i) 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 descriptions for which are 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 C.R.S. § 31-12-107(2).
Section 3. No additional terns and conditions arc 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 C.R.S. §* 31-12-104 and 31-12-105, 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,
June 25, 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.
1
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 14th day of May, 2009.
Chad Auer
Mayor
ATTEST:
s {13u0cJ
dy I4 wood U
Town Clerk
EXHIBIT A
LEGAL DESCRIPTION - FIRESTONE EIGHTH (8th) ANNEXATION
A part of the Right -of -Way for Sable Avenue (Weld County Road 22) located in the NE1/4 of
Section 13, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being the Southerly 20
feet of the 50 -foot Right -of -Way for said Sable Avenue (Weld County Road 22) dedicated by the plat
of Buffalo Acres according to the plat recorded January 30, 1968 at Reception No. 1512542 of the
Weld County, Colorado records described as follows:
COMMENCING at the NE Corner of said Section 13, from which the N 1/4 Corner of said Section
13 bears N89°09'39"W, 2662.72 feet (Basis of Bearing), thence N89°09'39"W, 50.00 feet along the
North Line of said NEI /4 of Section 13 to the Northerly Extension of the Westerly Right -of -Way
Line of Colorado Boulevard (Weld County Road 13); thence S00°15'17"W, 30.00 feet along said
Northerly Extension to the intersection of the Southerly Line of Firestone Sixth Annexation with the
Westerly Line of Firestone 7th Annexation and the POINT OF BEGINNING'
Thence N89°09'39"W, 2612.72 feet along said Southerly Line of Firestone Sixth Annexation being
contiguous with the Town of Firestone Corporate Boundary to the West Line of said NE1/4 of
Section 13;
Thence S00°15'11 "W. 20.00 feet along said West Line of the NE1/4 of Section 13 being also the
Easterly Line of Stoneridge Annexation and being contiguous with the Town of Firestone Corporate
Boundary to the Southerly Line of said 50 -foot Right -of -Way for Sable Avenue (Weld County Road
22) dedicated by the plat of Buffalo Acres;
Thence S89°09'39"E, 2612.72 feet along said Southerly Right -of -Way Line to said Westerly Right -
of -Way Line for Colorado Boulevard (Weld County Road 13) and a point on said Westerly Line of
Firestone 7th Annexation;
Thence N00°15'17"E, 20.00 feet along said Westerly Right -of -Way Line for Colorado Boulevard
(Weld County Road 13) being also the Westerly Line of said Firestone 7th Annexation and
contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING.
Arca = 52,254 square feet (1.200 acres), more or less.
3
Town of Firestone Annexation #8
PETITION FOR ANNEXATION TO THE TOWN OF FIRESTONE
DATE: April 29, 2009
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO.
I, William F. Garcia, serving as Chair of the Weld County Board of County
Commissioners, on behalf of Weld County, 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
following described unincorporated territory located in the County of Weld and State of
Colorado, to -wit:
See legal description in Exhibit A, attached hereto and
incorporated herein by this reference.
This annexation shall be known as the Firestone Eighth (8th) Annexation.
As part of this petition, your petitioner further states to the Board of Trustees of
Firestone, Colorado, 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 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 Firestone or will be contiguous
with the Town of Firestone within such time as required by 31-12-104.
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
2009-1036
1
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 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 to be annexed is 1.2 acres, more or less, in total area.
k. Prior to completion of the annexation of the territory proposed to be
annexed, the Town of Firestone will, pursuant to the provisions of C.R.S.
§ 31-12-105(1)(e), 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 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 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 Firestone 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 has been annexed by the Town of Firestone
but which is not bounded on both sides by the Town of Firestone.
m. The Board of County Commissioners agrees that an impact report
pursuant to Section 31-12-108.5, C.R.S. is not required because the total
area of territory proposed to be annexed is less than ten acres and, further,
that any requirement for preparation thereof, is waived.
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 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, rules and
regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone which shall become effective as the January 1 next ensuing, if
applicable.
6. The zoning classifications requested for the area proposed to be annexed are R-1
Residential District.
Petitioner agrees that the annexed land shall be brought under the provisions of
Chapter 17 of the Firestone Municipal Code within ninety (90) days of 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 sole 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. Petitioner and the Town specifically acknowledge the execution of an Annexation
3
Agreement prior to the execution of this Petition, and both parties expressly
consent to the terms and conditions set forth therein.
9. Petitioner expressly reserves the right to withdraw this Petition for Annexation at
any time prior to the adoption of the ordinance annexing the property to the Town
of Firestone.
WHEREFORE, the following petitioner, a non-resident landowner of the area proposed
to be annexed, (as more particularly described in the attached Exhibit A) respectfully
requests that the Town of Firestone, 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.
Y/L9/D
Owner William F. Garcia Date
Chair, Board of County Commissioners, on behalf of Weld County
STATE OF COLORADO
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 29th day of
April ,20 09 by William F. Garcia
My commission expires: .2612 1,1
Witness My Hand and Official Seal.
Notary Public
My Commumn Fan Sept 11 2009
Landowner/Petitioner Mailing Address:
Chair of the Weld County Board of Commissioners
915 Tenth Street
P.O. Box 758
Greeley, CO 80632
RECORD OF LAND OWNERSHIP AND DATED SIGNED
Please print
Landowner/Petitioner: Board of County Commissioners of the County of Weld, State of
Colorado
Mailing Address: 915 Tenth Street * P.O. Box 758, Greeley, Colorado 80632
Date: APR 2 9 2009
Legal Description of Land Owned:
See legal description in Exhibit A, attached hereto and
incorporated herein by this reference.
5
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF )
William F. Garcia, Chair
Weld County Board of Commissioners , 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 Firestone, 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.
STATE OF COLORADO )
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this 29th
day of
April , 20 09 by William F. Garcia
My commission expires:
Witness My Hand and Official Seal.
Notary Public
MY Commission EONS'S,* 11 2009
EXHIBIT A
LEGAL DESCRIPTION - FIRESTONE EIGHTH (8th) ANNEXATION
A part of the Right -of -Way for Sable Avenue (Weld County Road 22) located in the NE1/4 of
Section 13, T2N, R68W of the 6th P.M., County of Weld, State of Colorado, being the Southerly
20 feet of the 50 -foot Right -of -Way for said Sable Avenue (Weld County Road 22) dedicated by
the plat of Buffalo Acres according to the plat recorded January 30, 1968 at Reception No.
1512542 of the Weld County, Colorado records described as follows:
COMMENCING at the NE Corner of said Section 13, from which the Nl/4 Corner of said
Section 13 bears N89°09'39"W, 2662.72 feet (Basis of Bearing), thence N89°09'39"W, 50.00
feet along the North Line of said NEl/4 of Section 13 to the Northerly Extension of the Westerly
Right -of -Way Line of Colorado Boulevard (Weld County Road 13); thence S00°15'17"W, 30.00
feet along said Northerly Extension to the intersection of the Southerly Line of Firestone Sixth
Annexation with the Westerly Line of Firestone 7th Annexation and the POINT OF
BEGINNING;
Thence N89°09'39"W, 2612.72 feet along said Southerly Line of Firestone Sixth Annexation
being contiguous with the Town of Firestone Corporate Boundary to the West Line of said
NEI/4 of Section 13;
Thence S00°15'11 "W, 20.00 feet along said West Line of the NEI/4 of Section 13 being also the
Easterly Line of Stoneridge Annexation and being contiguous with the Town of Firestone
Corporate Boundary to the Southerly Line of said 50 -foot Right -of -Way for Sable Avenue (Weld
County Road 22) dedicated by the plat of Buffalo Acres;
Thence 589°09'39"E, 2612.72 feet along said Southerly Right -of -Way Line to said Westerly
Right -of -Way Line for Colorado Boulevard (Weld County Road 13) and a point on said
Westerly Line of Firestone 7th Annexation;
Thence N00°15'17"E, 20.00 feet along said Westerly Right -of -Way Line for Colorado Boulevard
(Weld County Road 13) being also the Westerly Line of said Firestone 7th Annexation and
contiguous with the Town of Firestone Corporate Boundary to the POINT OF BEGINNING.
Area = 52,254 square feet (1.200 acres), more or less.
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20 CARBON Ye FARMER & MINER
WEDNESDAY, MAY 20, 2009
LEGAL NOTICES
TOWN OF FIRESTONE,
COLORADO
NOTICE OF PUBLIC HEARINGS
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, June 17,
2009 at the Firestone Town Hall,
151 . Grant Avenue, Firestone,
Colorado 80520. The purpose of
the. Public Hearing is to consider a
request for zoning of property
proposed to be annexed to the
Town and known as the Firestone
Eighth (8th) Annexation. The
zoning requested is. R-1
Residential District.
Further Notice ishereby given
that the Board of Trustees of the
Town of Firestone will hold a
Public Hearing commencing at
7:00 p.m., Thursday, June 25,
2009 at the Firestone Town Hall,
151 Grant Avenue, Firestone,
Colorado 80520. The purpose of
the Public Hearing is to determine
whether certain property for which
a petition for annexation has been
filed with the Town, to be known
as the Firestone Eighth (8th)
Annexation to the Town of
Firestone, meets the applicable
requirements of the statutes of the
State of Colorado and is eligible
for annexation to the Town and to
determine the zoning for the
proposed annexation. The zoning
requested is R-1 Residential
District.
Any person may appear at the
Public Hearings and be heard
regarding the matters under
consideration. The approximate
location of the property is a part of
the right-of-way for Sable Avenue
(Weld County Road 22) east of the
intersection of Sable Avenue and
Colorado Boulevard. The legal
descriptions of the property that is
the subject of the annexation and
zoning request is set forth below in
Exhibit A to Resolution No. 09-13.
Copies of the zoning, subdivision
and development applications,
annexation petition, 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 inspection in the office of
the Town Clerk, 151 Grant
Avenue, Firestone, CO 80520,
during regular business hours.
Dated the 15th day of May, 2009.
TOWN OF FIRESTONE,
COLORADO
Judy Hegwood
Town Clerk
Publication- Dates: May 20, May
27, June 3, and June 10, 2009 in
the Farmer and Miner
RESOLUTION NO. 09-13
A RESOLUTION FINDING
SUBSTANTIAL COMPLIANCE
FOR AN ANNEXATION
PETITION FILED WITH THE
TOWN OF - FIRESTONE,
COLORADO, KNOWN AS THE
FIRESTONE EIGHTH (8TH)
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 Firestone
,Eighth (8th) 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
descriptions for which are
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 C.R.S. § 31-12-107(2).
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 C.R.S. §§ 31-12-104 and•
31-12-105, 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 8052O, on Thursday,
June 25, 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 8. 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.
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 14th day of May,
2009.
Chad Auer
Mayor
ATTEST:
Judy Hegwood
Town Clerk
EXHIBIT A
LEGAL DESCRIPTION -
FIRESTONE EIGHTH (8th)
ANNEXATION
A part of the Right -of -Way for
Sable Avenue (Weld County Road
22) located in the NE1/4 of
Section 13, T2N, R68W of the 6th
P.M., County of Weld, State of
Colorado, being the Southerly 20
feet of the 50 -foot Right -of -Way for
said Sable Avenue (Weld County
Road 22) dedicated by the plat of
Buffalo Acres according to the plat
recorded January 30; 1968 at
Reception No. 1512542 of the
Weld. County, Colorado records
described as follows: - COMMENCING at the NE Corner
of said Section 13, from which the
N1/4 Corner of said Section 13
bears N89°09'39'W, 2662.72 feet
(Basis of Bearing), thence
N89°09'39"W, 50.00 feet along the
North Line of said NE1/4 of
Section 13 to the Northerly
Extension of . the Westerly
Right -of -Way Line of Colorado
Boulevard (Weld County Road
13); thence S00°15'17"W, 30.00 -
feet along said - Northerly
Extension to the intersection of the
Southerly Line of Firestone Sixth
Annexation with the Westerly Line
of Firestone 7th Annexation and
the POINT OF BEGINNING'
Thence N89°09'39'W, 2612.72
feet along said Southerly Line of
Firestone Sixth Annexation being
contiguous with the Town of
Firestone Corporate Boundary to
'the West Line of said NE1/4 of
Section 13; -
Thence S00°15'11"W, 20.00 feet
along said West Line of the NE1/4
of Section 13 being also the
Easterly Line of Stoneridge
Annexation and being -contiguous
with the Town of Firestone
Corporate Boundary to the
Southerly Line of said 50 -foot
Right -of -Way for Sable Avenue
(Weld County Road 22) dedicated
by the plat of Buffalo Acres;
Thence 589°09'39"E, 2612.72 feet
along said Southerly Right -of -Way
Line to said Westerly Right -of -Way
Line for Colorado Boulevard (Weld •
County Road 13) and a point on
said Westerly Line of Firestone 7th
Annexation;
Thence N00°15'17"E, 20.00 feet
along said Westerly Right -of -Way
Line for Colorado Boulevard (Weld
County Road 13) being also the
Westerly Line of said Firestone 7th
Annexation and contiguous with
the Town of Firestone Corporate
Boundary to the POINT OF
BEGINNING.
Area = 52,254 square feet (1.200
acres), more or less.
Hello