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HomeMy WebLinkAbout20093400.tiffCDS Engineering Corporation October 13, 2009 Town of Frederick PO Box 435 Frederick, CO 80530 RE: Annexation of St. Vrain Sanitation District property, Section 19, Township 2 North, Range 67 West CDS Project No. 09-4946 Ladies and Gentlemen: St. Vrain Sanitation District (SVSD) intends to annex a one -acre parcel of their property into the Town of Frederick. This property is located in a portion of the west half of Section 19, Township 2 North, Range 67 West of the .6h Principal Meridian. The majority of the property lies within the town limits, however, a panhandle in the southwest corner of the site has not been previously annexed into the town. The current zoning and land use is Public. The zoning is proposed to change to Commercial (C -C). Under the ownership of SVSD, the land will remain undeveloped and continue to be used as public land. However, upon sale of the land, a future owner may develop the land for commercial use. If you have any questions, please do not hesitate to contact Eric Doering, SVSD manager at (303) 776-9570. Respectfully, FOR AND ON BEI IALF OF CDS ENGINEERING CORPORATION Suzette L. Schaff, P.E. cc: Mr. Eric Doering St. Vrain Sanitation District 0,13_1c, Gz /Z ccJ �._rSc/ (' f m\, 2009-3400 4- 34q 165 2nd Street S.W. • Loveland, CO 80537 • (970) 667-8010 • Fax (970) 667-8024 • www.cds-eng.net ST. VRAIN SANITATION DISTRICT PLANT NO.2 ANNEXATION PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, Rob Fleck, St. Vrain Sanitation District Engineering/ Project Manager , representative of 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: A PORTION OF THE SOUTHWEST QUARIER THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE WEST LINE OF SAID SOUTHWEST QUARTER AS BEARING NORTH 00°16'17" EAST BETWEEN THE MONUMENTS SHOWN AND DESCRIBED HEREON, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°16'17" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2,639.52 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°18'36" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19, A DISTANCE OF 98.98 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 60°22'26" EAST, A DISTANCE OF 224.89 FEET TO THE POINT OF BEGINNING; - -. THENCE CONTINUE SOUTH 60°22'26" EAST, A DISTANCE OF 84.33 FEET; THENCE SOUTH 00°17'38" WEST, A DISTANCE OF 608.99 FEET; THENCE NORTH 60°22'11" WEST, A DISTANCE OF 84.33 FEET; THENCE NORTH 00°17'37" EAST, A DISTANCE OF 608.99 FEET TO THE POINT OF BEGINNING. that: CONTAINING 44,770.77 SQUARE FEET OR 1.0278 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 a. Not less than one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. c. The area proposed to be annexed is urban or will be urbanized in the near future. d. The area proposed to be annexed is integrated with or is capable of being integrated with the Town of Frederick. 494E -Petition for Annexation Page 1 of 5 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. i. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the Town of Frederick more than three miles in any direction from any point of the boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, which generally describes the proposed: Location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 4. Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; b. A map showing the boundary of the area proposed to be annexed, said map prepared and containing the seal of a registered engineer; 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 4946 -Petition for Annexation Page 2 of 5 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 I next ensuing. 6. The zoning classification requested for the area proposed to be annexed is commercial. WHEREFORE, the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall also sign the Ap11ca Owner Representative: /l U�'w!�_��' Date: C. l 2'6°1 Owner Representative: Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO ) ) SS. COUNTY OF Gi+-/d ) T foregoing instrument was acknowledged before me this My commission expires: Witness My hand and official seal. 4946 -Petition for Annexation My Commission Expires June 28, 2010 } day of Notary Public Jct 9by Page 3 of 5 RECORD OF LAND OWNERSHIP AND DATE SIGNED Landowner/Petitioner Legal Description Mailing Address St. Vrain Sanitation District 11307 Business Park Circle Firestone, CO 80504 4946 -Petition for Annexation Date Signed of Land Owned A PORTION OF THE SOUTHWEST QUARTER THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; CONSIDERING THE WEST LINE OF SAID SOUTHWEST QUARTER AS BEARING NORTH 00°16'17" EAST BETWEEN THE MONUMENTS SHOWN AND DESCRIBED HEREON, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°16'17" EAST, ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 2,639.52 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 00°18'36" EAST, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 19, A DISTANCE OF 98.98 FEET; THENCE DEPARTING SAID WEST LINE, SOUTH 60°22'26" EAST, A DISTANCE OF 224.89 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 60°22'26" EAST, A DISTANCE OF 84.33 FEET; THENCE SOUTH 00°17'38" WEST, A DISTANCE OF 608.99 FEET; THENCE NORTH 60°22'11" WEST, A DISTANCE OF 84.33 FEET; THENCE NORTH 00°17'37" EAST, A DISTANCE OF 608.99 FEET TO THE POINT OF BEGINNING. CONTAINING 44,770.77 SQUARE FEET OR 1.0278 ACRES, MORE OR LESS Page 4 of 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF CJe.1.4 ) fa, 8er 4- R.1c__ , 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 [5 ] pages including this page and that each signature hereon was witnessed by your affiant and is the signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) COUNTY OF &./e /a ) (j)1oregonstr ment;was acknowledged before me this /3 day of My commission expires: Witness My band and official seal. 4946 -Petition for Annexation MY commisvon Elf June 28, 20f0a' Page 5 of 5 RESOLUTION NO. 09R057 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS "ST. VRAIN / TRI-AREA SANITATION DISTRICT ANNEXATION #2" WHEREAS, a petition for annexation of certain properties has been filed with the Board of trustees of the Town of Frederick by the St. Vrain Sanitation District though its agent, CDS Engineering Corp; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the subject property for annexation and zoning, as requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition; BE IT RESOLVED BY T I W BOARD) OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: Section I. The petition, whose legal descriptions are attached hereto as Exhibit A and incorporated by reference herein. is in substantial compliance with the applicable laws of the State of Colorado and Town of Frederick Land Use Code. Section 2. No election is required under C.K.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31- 12-105, and will hold a public hearing to determine the appropriate zoning of the subject property as requested in the petition, at the Frederick Town Hall, 401 Locust, Frederick, Colorado 80516, at the following time and date: 7:00 PM JANUARY 26, 2010 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have bee met, and further, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. If the Board o[ Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Frederick, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, PASSED, AND SIGNED THIS 8th DAY OF DECEMBER, 2009. ATTEST: TOWN OF FREJ)ERICK By ��\ 1\ �r�: By Nanette S. Fornof, Town Clerk ��� _ Eric E. Doering, Mayor CD AVAILABLE FOR VIEWING IN THE PUBLIC REVIEW FILE LOCATED IN THE CLERK TO THE BOARD'S OFFICE. Annexation Assessment Report for the St. Vrain Sanitation District Treatment Plant 2 Site Annexation June 8, 2009 The St. Vrain Sanitation District (SVSD) is requesting that the Town of Frederick annex a portion of their property located in the southwest quarter of the northwest quarter of Section 19, Township 2 North, Range 67 West of the 6th Principal Meridian. An approximate one -acre parcel is proposed for annexation. The remainder or the: SVSD property is currently within the Town of Frederick limits. SVSD does not plan to develop the property, therefore, the annexation is expected to have minimal impact on the community at this time. If the property is developed at a later date, all impacts to the Town of other entities would need to be addressed at that time. No impact to the local economy, schools, existing transportation system, is anticipated because no developmental changes will occur on this parcel of land under the ownership of SVSD. If future improvements are made to the site, these areas may be impacted. However, we are unable to predict what these impacts would be at this time. We do understand that future developers would be required to address access to the site. Agreements would be required between Frederick and the developer, when access locations are identified. If access to Colorado Boulevard through the Firestone Trail property would be desired, then the agreement would need to include the Town of Firestone. The storm drainage system will not change significantly at this time. Currently, SVSD plans to rehabilitate the portion of their site that is currently annexed into the property at the end of 2009. The rehabilitation does not include the piece that will be annexed with this project. That piece will remain in it's existing condition. Any future development that may occur on the portion to be annexed would be subject to maintaining stormwater runoff rates that equal those of the historical condition, per the annexation agreement. Future improvements would also be subject to the Town of Frederick stormwater standards at the time of development. The annexation of this property is not immediately expected to affect the Police Department, Frederick Fire Protection District or the Carbon Valley Recreation District or other park facilities and recreation programs. The land will remain in the same condition under the ownership of SVSD, therefore the environment will not be altered with this annexation. The short-term economic development potential is expected to stay the same as current potential. Long-term potential will depend on plans of any future owners of the property. It is impossible for SVSD to predict long-term economic development potential at this time. The property will remain in its cunent state under the ownership of SVSD, therefore the compatibility with the street master plan, the Frederick Comprehensive Plan, and the Town of Frederick Land Use Code will not change -from the existing conditions. The annexed parcel will not affect the existing and adjacent land uses in a negative manner under the ownership of SVSD. LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. Saint Vrain Sanitation District Annexation, Minor Subdivision, and Rezone of the former Tri-Area Sanitation District Treatment site NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public hearing commencing on Tuesday, January 5, 2010 at 7:30 P.M. and that the Board of Trustees will then hold a public hearing commencing on Tuesday, January 26, 2010 at 7:00 P.M. at the Frederick Town Hall, 401 Locust Street, Frederick, Colorado 80530 to consider approval of Saint Vrain Sanitation District Annexation, Minor Subdivision, and Rezone of the former Tri-Area Sanitation District Treatment site from The Saint Vrain Sanitation District, 11307 Business Park Circle Firestone, CO 80504; for real property located within a portion of Section 19, Township 2 North, Range 67 West of the 6Ch P.M., within the Town of Frederick. The Planning Commission and Board of Trustees will consider whether the proposed Preliminary and Final Plat requests meet the requirements of the Frederick Land Use Code and whether these requests should be granted approval for the property. Any person may appear at the public hearings and be heard regarding the matters under consideration. Copies of the full application and supporting materials submitted as well as the full-sized maps are available for review in the Frederick Town Hall, 401 Locust Street, Frederick, Colorado. �Lm Dated this \\ day of , 2009 - TOWN OF FREDERICK, COLORADO By. Nanett Fornof, To Clerk Page 1 of 1 Hello