HomeMy WebLinkAbout20061108.tiff f fort 1,11,pton
sti\sir ► 130 S. McKinley Avenue,
Fort Lupton, Colorado
catnuH 303-857-6694 303-857-0351 Fax
March 29, 2006
To Whom It May Concern:
The included materials are for the Villano Fourth, Villano Fifth and Villano Sixth
Annexations and Initial Zoning.
If you have any questions, comments or concerns please contact the Planning
Department by April 14, 2006.
Tom Parko
Planning Director
N-
`t , "e"-(-' o c PLC so; Cvn 2006-1108
O44- i7 -01O
• ```+ �� MI Ito City of Fort Lupton
Planning and Building
enoms Department
Per/ornance,Integrity.Teamwork,
Accountability and Santee
(303)857-6694 x 125
Tom Parko,Planning Director Fax(303 857-0351
130 S.McKinley Avenue e-mail:planner@trii.net
Fort Lupton,Colorado 80621 http://www.fortlupton.org
March 29, 2006
VILLANO FOURTH ANNEXATION
IMPACT REPORT
Statement of Purpose
This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the
Colorado Revised Statutes, is based on the Annexation Petition, Annexation Plat, and
Annexation Master Plan submitted by the Applicant. It is being reviewed and evaluated by the
City of Fort Lupton Staff, and is scheduled for review by the City of Fort Lupton Planning
Commission and City Council at hearings scheduled for April 25, 2006, and May 10, 2006,
respectively. Please contact Tom Parko, Planning Director at the address on the cover of this
report, or at telephone number 303.857.6694, with comments and/or questions regarding this
report.
Project Description
The property proposed for annexation consists of approximately 50.61 acres situated in Section
17, Township 1 North, Range 66 West of the 61h PM. The annexation is 21% contiguous with
the current Fort Lupton City Limits, which exceeds the 16.67%required by statutes.
Requested zoning for the property described herein is I-2 (Heavy Industrial) compliant with City
of Fort Lupton Zoning Regulations. The property is located North of Weld County Road 8, and
East of the Union Pacific Rail Road tracks. The land is currently zoned agricultural (AG) in
Weld County. The Master Plan submitted in support of the annexation and zoning is attached
along with the Vicinity Map.
This report is divided into six elements, which correspond to C.R.S. 31-12-108.5 (1)(a) through
(f) and are set forth as follows:
(a) a map or maps of the municipality and adjacent territory to show the following:
- 1 -
(I) The present and proposed boundaries of the municipality in the vicinity of
the proposed annexation;
(II) The present streets, major trunk water lines, sewer interceptors, and
outfalls, other utility lines and ditches, and the proposed extension of such
streets and utility lines in the vicinity of the proposed annexation and;
(III) The existing and proposed land use pattern in the areas to be annexed.
(b) a copy of any draft of final pre-annexation agreement, if available;
(c) a statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation;
(d) a statement setting forth the method under which the municipality plans to finance the
extension of the municipal services into the area to be annexed;
(e) a statement identifying existing districts within the area to be annexed;
(0 a statement on the effect of annexation upon local public school district systems
including the estimated number of students generated and the capital construction
required to educate such students.
The following maps have been attached as required in subparagraph (a) of C.R.S. Section 31-12-
108.5:
• The present and proposed boundaries of the City of Fort Lupton in the immediate vicinity
of the proposed annexation(Map #1);
• The present streets, major water transmission mains, primary sanitary sewer outfalls,
storm drainage infrastructure, ancillary utility mainlines, irrigation canals and ditches,
and the proposed extension of such streets and utility services in the vicinity of the
proposed annexation(Maps#2 and Map #3);
• The existing land use pattern in the area is Agriculture. The proposed land use pattern in
the subject area to be annexed is Heavy Industrial (I-2) as depicted upon the Villano
Fourth Annexation/Rezoning Map (Map #2) and Villano Fourth Annexation Master Plan
(Map#4).
In addition pursuant to the requirements of Subparagraphs (b) through (f), inclusive of said
section, the following items have addressed or presented:
(b) A draft and final Annexation Agreement and Annexation Ordinance shall be
submitted to the Weld County Planning Department and to the Weld County
Attorney, upon completion.
(c) The plans of the City of Fort Lupton for extending municipal services to, or
otherwise providing for municipal services to the subject property to be annexed as
follows:
1. On — Site / Off -Street Improvements: The Applicant intends to dedicate
thirty(30) feet of right-of-way for Weld County Road 8 at time of annexation.
All other public rights-of-way dedication for public streets will be determined
at time of subdivision. Improvements for public rights-of-way will be
constructed to standards approved by the City.
- 2 -
2. Dry Utilities to Service Property:_Electrical, telephone, cable television and
natural gas facilities are located in the vicinity of the property to be annexed
and developed. Preliminary investigations confirm that such facilities are of
existing size and capacity to serve the property.
3. Water Transmission and Sanitary Sewer Interceptors: The Applicant is
investigating options for the development of water transmission and sanitary
sewer systems to serve the Property and how they may be integrated with
systems already planned for the surrounding area.
4. Police, Fire, and Other City Services: Police protection will be provided by
the City of Fort Lupton. Fire protection will be provided by the Fort Lupton
Fire Protection District, pending inclusion of the subject property into the fire
protection district.
5. Water Distribution and Sewer Collection: The Applicant will cause no
installation of water distribution and sewer facilities within the boundaries of
the Property
6. Storm Drainage: The Applicant intends to maintain the historic drainage
pattern that currently exists on the site.
7. Public Lands / Open Space:_There will be no dedication of public lands by
the Applicant at this time.
8. Public Facility Extension: The applicant has the obligation to develop and
install all on-site and off-site transmission infrastructure facilities necessary to
serve the annexed property with water, wastewater, and stormwater facilities
and services. Off-site utility service transmission facilities costs and certain
on-site infrastructure facility costs may be subject to (a) recoupment
provisions from other adjacent and benefiting property owners and/or(b)upon
review and approval of the City, a rebating to the Applicant of a portion of the
water and wastewater plant investment fees. The City will consider the rebate
of a portion of the water and wastewater plant investment fee to the extent (a)
the infrastructure item for which the rebate is sought is an item which is
normally included in the City's plant investment fee and (b) to the extent the
City, in its sole discretion, determines that there is a system wide funding
surplus available for rebate.
(d) In the event that Property is ever developed and the extension of municipal services
to the annexed property is required, the development of future water, sewer, and
storm water infrastructure within the Property shall be accomplished by one or
more of the following Financing Methods:
1. Development Fees and Surcharges collected by the City of Fort Lupton
2. Direct Developer Financing
3. Metropolitan Districts
4. Special Improvement Districts
5. Otherwise by agreement between City and the Developer as deemed
appropriate.
- 3 -
(e) Consistent with C.R.S. 31-12-108.5, the following Districts and all taxing entities
are identified with the current 2006 property tax mill levy.
(f) The project's impact on the Weld County RE-8 Fort Lupton School District, in
terms of the number of students to be generated by the project at full development,
is as follows:
Elementary School: 0 students
Middle School: 0 students
High School: 0 students
*Based on 0 dwelling units.
In accordance with City of Fort Lupton Fee Schedule the Applicant will
comply concerning fair contributions for the public schools with the
current assessment fees for each dwelling unit in the event that the
property is developed for residential uses in the future. These fees will be
paid directly to the appropriate school district and a letter from the school
district must be presented to the Building Department before the building
permit will be issued.
Attachments:
Map#1: Villano Annexations: Annexation Impact Map
Map #2: Villano Fourth Annexation/Rezoning Map
Map#3: Villano Fourth Annexation Preliminary Utility Plan
Map#4: Villano Fourth Annexation Master Plan
- 4 -
Todd Hodges Design, LLC
Statement of Community Need: Villano Fourth Annexation
The annexation of this parcel to the City of Fort Lupton respects the Intergovernmental Agreement in
place between the City of Fort Lupton and Weld County as well as the draft interim grown plan between
the communities of Brighton and Fort Lupton. The property is not located within the Intergovernmental
Agreement boundary found in Appendix 19-L of the Weld County Code. However, previous successful
Annexation and Zoning applications to the City in this vicinity by the property owners represented herein
lend this property to Annexation and Zoning as well. By doing so, the future development of the property
to Industrial uses will conform to goals established by the City of Fort Lupton in determining the long-
term growth and development of the City of Fort Lupton. The City has been in study session to develop a
Growth Plan with Weld County and the City of Brighton. This parcel is located within the Joint Planning
Area for Fort Lupton and the City of Brighton as depicted on the July 2005 IGPA Land Use Map.
Adherence to the plan accomplished goals established by the City for their long-range planning efforts,
meets development goals, and ensures compatibility with the region. Objective #4 of the Interim Growth
Plan (in draft format) states an objective is to establish predictability for future land use in the Interim
Growth Plan Area. The annexation and zoning of this property will allow the applicants to develop
within the City boundary at the time when development is appropriate at standards established by the
City. The intent of this application is to not change the current agricultural uses occurring on site. The
intent is to annex and change the zone of the property at this time.
This annexation proposes I-2 zoning with continued agricultural operations. The continuance of
agricultural operations on site will remain harmonious with the existing neighborhood. Continued use of
irrigation wells and infrastructure and agricultural improvements will remain until use necessitates a Site
Plan Review-application. Existing improvements, including the wells, pipelines and agricultural
structures and uses shall remain on site and in agricultural use until such time when the use changes.
Future use changes may require additional review by City staff, members of the public, referral agencies,
Planning Commission and the City Council.
The future uses shall comply with the Town Code, Section 16-42, Industrial District (1-2). Section 16-2
of the City Code stipulates the purpose of establishing Zoning districts and regulations. Such purpose is
to encourage the most appropriate use of land throughout the City. Additional purposes are to maintain
high standards in protecting the health, safety and welfare of current and future citizens. Through the
annexation and zoning of this property, the City agrees to work with the land owner in meeting their long-
term needs associated with their property. Through the annexation and zoning of this property, the
property owner agrees to abide by guidelines established by the City in meeting their long-terms needs.
Future development on the property will be designed to be harmonious with surrounding properties and
uses.
The impact to surrounding property owners at this time shall remain as it is currently. The use on site is
not changing from the current agricultural operations. The use shall remain in agricultural production.
The property owners would like to annex their property and change the zone of their property to be
consistent with future development patterns established by the City of Fort Lupton.
1269 North ClevelandAvenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign@eart/rlink.net
Annexation Impact Map 1
VILLANO ANNEXATIONS
A PORTION OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO
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Repaied by: lnteimll Land Surveying,Inc. 1301 North CleveMndAve. Loveland CO 80537 SCALE: 1' = 8000'
\ Phone:(970)669-0516 Far(970)635-9975 E-mad.'ktemisl@gwestnet 1 ft Ora By:JRF Page 10/1 February 13,2006
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
RESOLUTION NO. 2006-014
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING
ANNEXATION PROCEEDINGS FOR THE VILLANO r'1P"1'H ANNEXATION
AND SETTING A PUBLIC HEARING.
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition
submitted for a 1.98± acre parcel known as the Villano Fifth Annexation, as described on
Exhibit A attached hereto; and
WHEREAS, the Fort Lupton City Council finds the annexation petition to be
complete and in substantial conformance with the requirements of C.R.S. 31-12-107 (1)
as amended.
NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council
hereby approves Resolution 2006-014 initiating annexation proceedings for the Villano
Fourth Annexation, and sets the hearing date for May I0, 2006 to determine if the
proposed annexation complies with C.R.S. 31-12-104 and 31-12-105, or such parts
thereof as may be required to establish eligibility for annexation under the terms of Part
1, Article 12, Title 31, C.R.S.
APPROVED AND ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS
22`h DAY OF MARCH 2006.
City of Fort Lupton, Colorado
ames lam Bostick, Mayor
Approved as to form: Attest:
tie Axiaata. � �,v
T. William Wallace Barbara Rodgers, City Clerk
AM 2006-027
PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton 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
Villano Fifth Annexation to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
City of Fort Lupton.
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 City of Fort Lupton or will be contiguous with the City of
Fort Lupton 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
City of Fort Lupton.
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 City of Fort Lupton.
e. 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, 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, 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 area
proposed to be annexed for the annexation of such area to another municipality.
The area proposed to be annexed is not part of any incorporated city, city and
county, or town.
1
h. The territory proposed to be annexed does not include any area which is the same
or substantially the same are in which an election for an annexation to the City of
Fort Lupton was held within the twelve months preceding the filing of this
petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have the effect of
extending the boundary of the City of Fort Lupton more than three miles in any
direction from any point of the boundary of the City of Fort Lupton in any one
year.
k. The territory to be annexed is_1.98 acres in total area.
1. 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 City of
Fort Lupton, and the proposed land uses for the area.
in. 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 but is not bounded on
both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section 31-
12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the
landowners and own more than fifty percent (50%) of the property, excluding public
streets and alleys and any land owned by the annexing municipality, and are, in fact,
owners of one hundred percent (100%) of the property set forth in Exhibit A attached
hereto and incorporated herein by reference.
4. At least fifteen (15)days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to
the City, produced with an engineer's scale, minimum scale to be one (1)inch represents
one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four
(24) by thirty-six(36) inches, containing the following information:
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the annexation map.
d. The legal description.
e. Distinction of the boundary that is contiguous to the City and the length of same.
F. Lot and block numbers if the area is already platted.
g. Existing and proposed easements and rights-of-way.
2
h. Existing and requested zoning and acreage of each requested zone.
i. Ownership of all parcels within and adjacent to the annexation.
j. Appropriate certification blocks as directed by the Planning Department.
5. At least fifteen (15)days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen(15) copies of a master plan shall be submitted to the City
of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch
represents one hundred (100) feet, on a reproducible medium with outer dimensions of
twenty-four(24)by thirty-six (36)inches, containing the following information.
a. The date of preparation,the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the master plan.
d. Existing and proposed easements and rights-of-way.
e. Block numbers and lot numbers with approximate dimensions.
f. Proposed gross and net residential density.
g. Existing watercourses with adequate easements for flood control.
h. Designation of all public sites to be reserved and dedicated.
i. Existing two-foot contours.
j. Appropriate certification blocks as directed by the Planning Department.
6. At least fifteen(15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of five (5) copies of all required supportive information shall be
submitted to the City of Fort Lupton which shall include the following:
a. Soils description and limitation.
b. Preliminary utility plan.
c. Mailing addresses of all property owners within three hundred (300) feet of the
annexation.
d. Affidavit concerning the amount and historical use of all water rights owned.
e. Vicinity map with one and one-half(1 '/2)mile radius, at a minimum scale of one
(1)inch represents two thousand(2,000) feet.
f. Statement on community need for proposed annexation and zoning.
g. For all annexations in excess of ten(10) acres,the applicant shall obtain from the
school district governing the area to be annexed a statement of the effect of the
annexation upon the school district, including an estimate of the number of
students generated by the proposed annexation and the capital construction
required to educate such students.
7. Upon the annexation ordinance becoming effective, except as provided by the
Annexation Agreement, all lands within the area proposed to be annexed will become
subject to all ordinances, resolutions, rules, and regulations of the City of Fort Lupton,
except for general property taxes of the City of Fort Lupton, which shall become
effective as of the January 1 next ensuing.
3
8. The zoning classification requested for the area proposed to be annexed is I-2, Industrial,
as shown on the annexation map attached hereto and incorporated herein.
9. As required by the City of Fort Lupton, an annexation agreement has been or will be
executed by the petitioners herein and the City relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
10. As an expressed condition of annexation, landowner(s) consent(s) to petition for
inclusion into the Northern Colorado Water Conservancy District and the municipal sub
district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into
the district and subdistrict, landowner's(s') property will be subject to the same mill
levies and special assessments as are levied or will be levied on other similarly situated
property in the district and subdistrict at the time of inclusion of landowners(s') lands.
Landowner(s) agree(s) to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the
district and subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right
which may exist to a refund pursuant to Article X, Section 20, of the Colorado
Constitution.
11. The non-refundable annexation application fee of $510.00 _is tendered herewith.
4
THEREFORE, the undersigned respectfully petition(s)the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in
accordance with and pursuant to the statutes of the State of Colorado.
Lan Own r(s)Name(s) and Signature(s) Mailing Address Date of Signing
e'"
th-dt,r. rVIS-41c-,1 er /.2lisie,i—
Land Owner(s)Names(s) and Signature(s) Mailing Address Date of Signing
The h foregoing signature(s)was/were subscribed and sworn to before me this 13 day of
t CCP m bW , 20 , by
Witness my hand and official seal. ,,+outi ngs�/i'
,
My commission expires on i 111aq " o,
so
Notary Pu A PUB.L»��'✓p P
Land Owned C+ •i�..C OF Govt,‘�` (ti
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If necessary, attach separate sheet.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
fiLI I LI Ave being first duly sworn, states upon oath that he/she is the
circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge
that the signature of each land owner appearing on said petition is the signature of the person whose
name it purports it to be.
• „ie.
( ignat re of Circulator)
The foregoing Affidavit was subscribed and o before me this 13 day of
-CXIber , 20Q5_, by G
Witness my hand and official seal.
My commission expires on l/Oq 1200
LEN
Nota blic cAAkiBt_kOje.alt.•
OF cok-
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7
Annexation Petition txnlDit 1k
Intermill Land Surveying
-Th‘ 1301 N. Cleveland Ave. l
Loveland, Colorado 80537 -
y
(970)689-051
Fax: (970)835-977 75 '"911 , '
E-mail: intermill@gwest.net
Property Description(Villano Fifth Annexation):
Lot 'A' of Recorded Exemption No. 1471-17-3-RE 1167, according to the plat recorded
April 28, 1989 in Book 1230 at Reception No. 2177918, except the South 30 feet lying in
the existing Weld County Road 8 Right of Way, being located in the Southwest Quarter
of Section 17, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State
of Colorado,being more particularly described as follows:
Considering the South line of the Southwest Quarter of Section 17, Township 1 North,
Range 66 West, County of Weld, State of Colorado, as bearing South 89°38'06" West
and with all bearings contained herein relative thereto:
Beginning at the Southeast Corner of the Southwest Quarter of said Section 17; thence
along the East line of said Southwest Quarter North 00°02'53" West 30.00 feet to a point
on the North Right of Way line of Weld County Road 8; thence departing said East line
and along said North line South 89°38'06" West 1517.90 feet to a point on the East line
of said Lot 'A', said point being the TRUE POINT OF BEGINNING; thence continuing
along said North line South 89°38'06" West 202.51 feet to a point on the West line of
said Lot 'A'; thence departing said North line and along said Lot 'A' the following (7)
seven courses and distances: (1) North 00°03'54" West 661.00 feet; (2) South 89°55'09"
East 62.50 feet; (3) South 00°16'31" West 385.20 feet; (4) South 89°45'09" East 169.00
feet (5) South 00°29'09" East 249.00 feet; (6) South 88°05'51" West 29.25 feet; (7)
South 01°45'49" East 23.74 feet to a point on the North Right of Way line of Weld
County Road 8 and the TRUE POINT OF BEGINNING.
Said Parcel Contains 1.98 Acres, more or less, and is subject to all existing easements
and/or rights of way of record.
December 7,2005 Page I of! P•05.5982
VICINITY MAP
VILLANO FOURTH ANNEXATION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1
NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO
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City of Fort Lupton
park= Plannin and Building
Department
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(303)857-8894 x 125
Tan Pato,Planning Director Fax(303 857-0351
130 S.McKinley Avenue emend:pla ner@tm net
Fat Lupton,Colorado 80621 httplAvaay.kituptar.org
March 29, 2006
VILLANO M'HrFH ANNEXATION
IMPACT REPORT
Statement of Purpose
This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the
Colorado Revised Statutes, is based on the Annexation Petition, Annexation Plat, and
Annexation Master Plan submitted by the Applicant. It is being reviewed and evaluated by the
City of Fort Lupton Stag; and is scheduled for review by the City of Fort Lupton Planning
Commission and City Council at hearings scheduled for April 25, 2006, and May 10, 2006,
respectively. Please contact Tom Pirko, Planning Director at the address on the cover of this
report, or at telephone number 303.857.6694, with comments and/or questions regarding this
report.
Project Dewription
The property proposed for annexation consists of approximately 1.98 acres situated in Section
17, Township 1 North, Range 66 West of the 6`PM. The annexation is 100% contiguous with
the current Fort Lupton City Limits.
Requested zoning for the property described herein is 1-2 (Heavy Industrial) compliant with City
of Fort Lupton Zoning Regulations. The property is located North of Weld County Road 8, and
East of the Union Pacific Rail Road tracks. The land is currently zoned agricultural (AG) in
Weld County. The Master Plan submitted in support of the annexation and zoning is attached
along with the Vicinity Map.
This report is divided into six elements, which correspond to C.R.S. 31-12-108.5 (1Xa)through
(f)and are set forth as follows:
(a) a map or maps of the municipality and adjacent territory to show the following:
- 1 -
(I) The present and proposed boundaries of the municipality in the vicinity of
the proposed annexation;
(II) The present streets, major trunk water lines, sewer interceptors, and
outfalls, other utility lines and ditches, and the proposed extension of such
streets and utility lines in the vicinity of the proposed annexation and;
(III) The existing and proposed land use pattern in the areas to be annexed.
(b) a copy of any draft of final pre-annexation agreement, if available;
(c) a statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation;
(d) a statement setting forth the method under which the municipality plans to finance the
extension of the municipal services into the area to be annexed;
(e) a statement identifying existing districts within the area to be annexed;
(1) a statement on the effect of annexation upon local public school district systems
including the estimated number of students generated and the capital construction
required to educate such students.
The following maps have been attached as required in subparagraph (a) of C.R.S. Section 31-12-
108.5:
• The present and proposed boundaries of the City of Fort Lupton in the immediate vicinity
of the proposed annexation(Map#1);
• The present streets, major water transmission mains, primary sanitary sewer outfalls,
storm drainage infrastructure, ancillary utility mainlines, irrigation canals and ditches,
and the proposed extension of such streets and utility services in the vicinity of the
proposed annexation (Maps#2 and Map#3);
• The existing land use pattern in the area is Agriculture. The proposed land use pattern in
the subject area to be annexed is Heavy Industrial (I-2) as depicted upon the Villano
Fourth Annexation/Rezoning Map (Map #2) and Villano Fourth Annexation Master Plan
(Map#4).
In addition pursuant to the requirements of Subparagraphs (b) through (f), inclusive of said
section, the following items have addressed or presented:
(b) A draft and final Annexation Agreement and Annexation Ordinance shall be
submitted to the Weld County Planning Department and to the Weld County
Attorney, upon completion.
(c) The plans of the City of Fort Lupton for extending municipal services to, or
otherwise providing for municipal services to the subject property to be annexed as
follows:
1. On — Site / Off -Street Improvements: The Applicant intends to dedicate
thirty (30) feet of right-of-way for Weld County Road 8 at time of annexation.
All other public rights-of-way dedication for public streets will be determined
at time of subdivision. Improvements for public rights-of-way will be
constructed to standards approved by the City.
-2 -
2. Dry Utilities to Service Property: Electrical, telephone, cable television and
natural gas facilities are located in the vicinity of the property to be annexed
and developed. Preliminary investigations confirm that such facilities are of
existing size and capacity to serve the property.
3. Water Transmission and Sanitary Sewer Interceptors: The Applicant is
investigating options for the development of water transmission and sanitary
sewer systems to serve the Property and how they may be integrated with
systems already planned for the surrounding area.
4. Police, Fire, and Other City Services: Police protection will be provided by
the City of Fort Lupton. Fire protection will be provided by the Fort Lupton
Fire Protection District, pending inclusion of the subject property into the fire
protection district.
5. Water Distribution and Sewer Collection:_The Applicant will cause no
installation of water distribution and sewer facilities within the boundaries of
the Property
6. Storm Drainage: The Applicant intends to maintain the historic drainage
pattern that currently exists on the site.
7. Public Lands / Open Space:_There will be no dedication of public lands by
the Applicant at this time.
8. Public Facility Extension: The applicant has the obligation to develop and
install all on-site and off-site transmission infrastructure facilities necessary to
serve the annexed property with water, wastewater, and stormwater facilities
and services. Off-site utility service transmission facilities costs and certain
on-site infrastructure facility costs may be subject to (a) recoupment
provisions from other adjacent and benefiting property owners and/or(b)upon
review and approval of the City, a rebating to the Applicant of a portion of the
water and wastewater plant investment fees. The City will consider the rebate
of a portion of the water and wastewater plant investment fee to the extent (a)
the infrastructure item for which the rebate is sought is an item which is
normally included in the City's plant investment fee and (b) to the extent the
City, in its sole discretion, determines that there is a system wide funding
surplus available for rebate.
(d) In the event that Property is ever developed and the extension of municipal services
to the annexed property is required, the development of future water, sewer, and
storm water infrastructure within the Property shall be accomplished by one or
more of the following Financing Methods:
1. Development Fees and Surcharges collected by the City of Fort Lupton
2. Direct Developer Financing
3. Metropolitan Districts
4. Special Improvement Districts
5. Otherwise by agreement between City and the Developer as deemed
appropriate.
- 3 -
(e) Consistent with C.R.S. 31-12-108.5, the following Districts and all taxing entities
are identified with the current 2006 property tax mill levy.
(0 The project's impact on the Weld County RE-8 Fort Lupton School District, in
terms of the number of students to be generated by the project at full development,
is as follows:
Elementary School: 0 students
Middle School: 0 students
High School: 0 students
'Based on 0 dwelling units.
In accordance with City of Fort Lupton Fee Schedule the Applicant will
comply concerning fair contributions for the public schools with the
current assessment fees for each dwelling unit in the event that the
property is developed for residential uses in the future. These fees will be
paid directly to the appropriate school district and a letter from the school
district must be presented to the Building Department before the building
permit will be issued.
Attachments:
Map #1: Villano Annexations: Annexation Impact Map
Map#2: Villano Fourth Annexation/Rezoning Map
Map#3: Villano Fourth Annexation Preliminary Utility Plan
Map #4: Villano Fourth Annexation Master Plan
-4 -
Todd Hodges Design, LLC
Statement of Community Need: Villano Fifth Annexation
The annexation of this parcel to the City of Fort Lupton respects the Intergovernmental Agreement in
place between the City of Fort Lupton and Weld County as well as the draft interim grown plan between
the communities of Brighton and Fort Lupton. The property is not located within the Intergovernmental
Agreement boundary found in Appendix 19-L of the Weld County Code. However, previous successful
Annexation and Zoning applications to the City in this vicinity by the property owners represented herein
lend this property to Annexation and Zoning as well. By doing so,the future development of the property
to Industrial uses will conform to goals established by the City of Fort Lupton in determining the long-
term growth and development of the City of Fort Lupton. The City has been in study session to develop a
Growth Plan with Weld County and the City of Brighton. This parcel is located within the Joint Planning
Area for Fort Lupton and the City of Brighton as depicted on the July 2005 IGPA Land Use Map.
Adherence to the plan accomplished goals established by the City for their long-range planning efforts,
meets development goals, and ensures compatibility with the region. Objective#4 of the Interim Growth
Plan (in draft format) states an objective is to establish predictability for future land use in the Interim
Growth Plan Area. The annexation and zoning of this property will allow the applicants to develop
within the City boundary at the time when development is appropriate at standards established by the
City. The intent of this application is to not change the current agricultural uses occurring on site. The
intent is to annex and change the zone of the property at this time.
This annexation proposes I-2 zoning with continued agricultural operations. The continuance of
residential and agricultural operations on site will remain harmonious with the existing neighborhood.
Continued use of wells, septic, and residential improvements will remain until use necessitates a Site Plan
Review application. Existing improvements, including the wells, septic systems, residential and
agricultural structures and uses shall remain on site and in agricultural use until such time when the use
changes. Future use changes may require additional review by City staff, members of the public, referral
agencies, Planning Commission and the City Council.
The future uses shall comply with the Town Code, Section 16-42, Industrial District (I-2). Section 16-2
of the City Code stipulates the purpose of establishing Zoning districts and regulations. Such purpose is
to encourage the most appropriate use of land throughout the City. Additional purposes are to maintain
high standards in protecting the health, safety and welfare of current and future citizens. Through the
annexation and zoning of this property,the City agrees to work with the land owner in meeting their long-
term needs associated with their property. Through the annexation and zoning of this property, the
property owner agrees to abide by guidelines established by the City in meeting their long-terms needs.
Future development on the property will be designed to be harmonious with surrounding properties and
uses.
The impact to surrounding property owners at this time shall remain as it is currently. The use on site is
not changing from the current agricultural operations. The use shall remain in agricultural production.
The property owners would like to annex their property and change the zone of their property to be
consistent with future development patterns established by the City of Fort Lupton.
1269 North Cleveland Avenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign(a(a�earthlink.net
1' Annexation Impact Map
VILLANO ANNEXATIONS
A PORTION OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO
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Drawn 8y:JRF Page 1 of l February 13,2006
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
RESOLUTION NO. 2006-013
A RESOLUTION OF I'HE CITY COUNCIL OF FORT LUPTON INITIATING
ANNEXATION PROCEEDINGS FOR THE VILLANO FOURTH ANNEXATION
AND SETTING A PUBLIC HEARING.
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition
submitted for a 50.61± acre parcel known as the Villano Fourth Annexation, as described
on Exhibit A attached hereto; and
WHEREAS, the Fort Lupton City Council finds the annexation petition to be
complete and in substantial conformance with the requirements of C.R.S. 31-12-107 (1)
as amended.
NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council
hereby approves Resolution 2006-013 initiating annexation proceedings for the Villano
Fourth Annexation, and sets the hearing date for May 10, 2006 to determine if the
proposed annexation complies with C.R.S. 31-12-104 and 31-12-105, or such parts
thereof as may be required to establish eligibility for annexation under the terms of Part
1, Article 12, Title 31, C.R.S.
APPROVED AND ADOPTED BY TILL FORT LUPTON CITY COUNCIL THIS
22t°DAY OF MARCH 2006.
City of Fort Lupton, Colorado
ames Bostick, Mayor
Approved as to form: Attest:
T. William Wallace Barbara Rodgers, City Olen_t!
AM 2006-026
PETITION FOR ANNEXATION
TO: TILE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton 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
Villano Fourth Annexation to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
City of Fort Lupton.
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 City of Fort Lupton or will be contiguous with the City of
Fort Lupton 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
City of Fort Lupton.
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 City of Fort Lupton.
e. 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, 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, 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 area
proposed to be annexed for the annexation of such area to another municipality.
The area proposed to be annexed is not part of any incorporated city, city and
county, or town.
1
h. The territory proposed to be annexed does not include any area which is the same
or substantially the same are in which an election for an annexation to the City of
Fort Lupton was held within the twelve months preceding the filing of this
petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have the effect of
extending the boundary of the City of Fort Lupton more than three miles in any
direction from any point of the boundary of the City of Fort Lupton in any one
year.
k. The territory to be annexed is 50.61 acres in total area.
I. 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 City of
Fort Lupton, and the proposed land uses for the area.
m. 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 but is not bounded on
both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section 31-
12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the
landowners and own more than fifty percent (50%) of the property, excluding public
streets and alleys and any land owned by the annexing municipality, and are, in fact,
owners of one hundred percent (100%) of the property set forth in Exhibit A attached
hereto and incorporated herein by reference.
4. At least fifteen(15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to
the City, produced with an engineer's scale, minimum scale to be one (1) inch represents
one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four
(24)by thirty-six (36) inches, containing the following information:
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the annexation map.
d. The legal description.
e. Distinction of the boundary that is contiguous to the City and the length of same.
f. Lot and block numbers if the area is already platted.
g. Existing and proposed easements and rights-of-way.
2
h. Existing and requested zoning and acreage of each requested zone.
i. Ownership of all parcels within and adjacent to the annexation.
j. Appropriate certification blocks as directed by the Planning Department.
5. At least fifteen(15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen(15) copies of a master plan shall be submitted to the City
of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch
represents one hundred (100) feet, on a reproducible medium with outer dimensions of
twenty-four(24)by thirty-six (36)inches, containing the following information.
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the fine or person
responsible for preparing the master plan.
d. Existing and proposed easements and rights-of-way.
e. Block numbers and lot numbers with approximate dimensions.
f. Proposed gross and net residential density.
g. Existing watercourses with adequate easements for flood control.
h. Designation of all public sites to be reserved and dedicated.
i. Existing two-foot contours.
j. Appropriate certification blocks as directed by the Planning Department.
6. At least fifteen(15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of five (5) copies of all required supportive information shall be
submitted to the City of Fort Lupton which shall include the following:
a. Soils description and limitation.
b. Preliminary utility plan.
c. Mailing addresses of all property owners within three hundred (300) feet of the
annexation.
d. Affidavit concerning the amount and historical use of all water rights owned.
e. Vicinity map with one and one-half(1 '/2) mile radius, at a minimum scale of one
(1) inch represents two thousand(2,000) feet.
f. Statement on community need for proposed annexation and zoning.
g. For all annexations in excess of ten (10) acres,the applicant shall obtain from the
school district governing the area to be annexed a statement of the effect of the
annexation upon the school district, including an estimate of the number of
students generated by the proposed annexation and the capital construction
required to educate such students.
7. Upon the annexation ordinance becoming effective, except as provided by the
Annexation Agreement, all lands within the area proposed to be annexed will become
subject to all ordinances, resolutions, rules, and regulations of the City of Fort Lupton,
except for general property taxes of the City of Fort Lupton, which shall become
effective as of the January 1 next ensuing.
3
S. The zoning classification requested for the area proposed to be annexed is I-2, Industrial,
as shown on the annexation map attached hereto and incorporated herein.
9. As required by the City of Fort Lupton, an annexation agreement has been or will be
executed by the petitioners herein and the City relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
10. As an expressed condition of annexation, landowner(s) consent(s) to petition for
inclusion into the Northern Colorado Water Conservancy District and the municipal sub
district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into
the district and subdistrict, landowner's(s') property will be subject to the same mill
levies and special assessments as are levied or will be levied on other similarly situated
property in the district and subdistrict at the time of inclusion of landowners(s') lands.
Landowner(s) agree(s) to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the
district and subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right
which may exist to a refund pursuant to Article X, Section 20, of the Colorado
Constitution.
11. The non-refundable annexation application fee of $1,006.00 is tendered herewith.
4
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in
accordance with and pursuant to the statutes of the State of Colorado.
Land ! er Name s and Si nature s Mailing Address Date of Signing
LC� 4z /iosz' lie ' 71/3/4 r
/ as0 R:14 >g/e/4-.s
5
Land Owner(s)Names(s) and Signature(s) Mailing Address Date of Signing
he foregoing signature(s)was/were subscribed and sworn to before me this 13 day of
kg)y , 20(75, by
Witness my hand and official seal.
My commission
f expires on Ili <eis
¢�ry Pi4 �+ �L0� ta 9 9
�YQ �t)TA y yp:
Notary No' -cn pp
v:14 AURA
Land Owned 04%9 p ook.S%`o°j�o
If necessary, attach separate sheet.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
6L.0,4 , being first duly sworn, states upon oath that he/she is the
circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge
that the signature of each land owner appearing on said petition is the signature of the person whose
name it purports it to be.
(Signs a of Circulator)
The foregoing Affidavit was subscribed and s orn to pefore me this 13 day of
e.Cem bey 20 D5 , by ff(1`u ( t1-O
Witness my hand and official seal.
My commission expires on j /ON ZOLA'
Gki)
Notary
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roTAi •
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7
Annexation Petition Exhibit A
Intermill Land Surveying
-�, 1
1301 N. Cleveland Ave.Ava.
• Loveland, Colorado 80537
z 1
(970)669-0516
Fax: (970)635-9775
E-mail: intermill@qwest.net
Property Description(Vrilano Fourth Annexation):
Lot 'B' of Recorded Exemption No. 1471-17-3-RE 1167, according to the plat recorded
April 28, 1989 in Book 1230 at Reception No. 2177918, except the South 30 feet lying in
the existing Weld County Road 8 Right of Way, being located in the Southwest Quarter
of Section 17, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State
of Colorado,being more particularly described as follows
Considering the South line of the Southwest Quarter of Section 17, Township 1 North,
Range 66 West of the 6th P.M., County of Weld, State of Colorado, as bearing North
89°38'06" East and with all bearings contained herein relative thereto:
Beginning at the Southeast Corner of the Southeast Quarter of the Southwest Quarter of
said Section 17; thence along the East line of the Southeast Quarter of said Southwest
Quarter North 00°02'53" West 30.00 feet to the TRUE POINT OF BEGINNING; thence
continuing along said East line North 00°02'53" West 1285.69 feet to the Northeast
Corner of the Southeast Quarter said Southwest Quarter, thence along the North line of
the South Half of said Southwest Quarter South 89°4601" West 1327.40 feet to the
Northeast Corner of the East Half of the Southwest Quarter of said Southwest Quarter;
thence continuing along said North line South 89°46'01" West 453.61 feet to a point on
the East line of the Union Pacific Railroad Right of Way; thence departing said North
line and along said East line South 00°14'32" East 1289.77 feet to a point on the North
line of the Weld County Road 8 Right of Way; thence departing said Fast line and along
said North line North 89°38'06" East 56.25 feet to a point on the West line of Lot 'A' of
RE-1167 according to the plat recorded April 28, 1989 in Book 1230 at Reception No.
2177918; thence departing said North line and along said Lot 'A' the following (7) seven
courses and distances: (1) North 00°03'54" West 661.00 feet; (2) South 89°55'09" East
62.50 feet; (3) South 00°16'31" West 385.20 feet; (4) South 89°45'09" East 169.00 feet;
(5) South 00°29'09" East 249.00 feet; (6) South 88°05'51" West 29.25 feet; (7) South
01°45'49" East 23.74 feet to a point on the North line of said County Road 8; thence
departing said Lot 'A' and along said North line North 89°38'06" East 188.53 feet; thence
continuing along said North line North 89°38'06" East 1329.37 feet to a point on the East
line of the Southeast Quarter of the Southwest Quarter of said Section 17 and the TRUE
POINT OF BEGINNING.
Said Parcel contains 50.61 Acres, more or less, and is subject to all existing easements
and/or rights of way of record.
December 7,2005 Page I of I P-05-5982
VICINITY MAP
VILLANO FIFTH ANNEXATION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1
NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO
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2
City of Fort Lupton
ichiy
Planning and Building
One as Department
Performancs Insegity,Teenwark,
Accoavabillty and Service
(3)3)857-6604 z 125
Tan Pirko,Plowing Diectr Fax(303 857-1
130 S.Mc Kinley Avenue a mai:plannetigni net
Fart Lupton,Colorado 80621 htb:/Awew.fatkipti n.org
March 29, 2006
VILLANO SIXTH ANNEXATION
IMPACT REPORT
Statement of Purpose
This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the
Colorado Revised Statutes, is based on the Annexation Petition, Annexation Plat, and
Annexation Master Plan submitted by the Applicant. It is being reviewed and evaluated by the
City of Fort Lupton Stag and is scheduled for review by the City of' Fort Lupton Planning
Commission and City Council at hearings scheduled for April 25, 2006, and May 10, 2006,
respectively. Please contact Tom Pirko, Planning Director at the address on the cover of this
report, or at telephone number 303.857.6694, with comments and/or questions regarding this
report.
Project Description
The property proposed for annexation consists of approximately 33.91 acres situated in Section
17, Township 1 North, Range 66 West of the 6'a PM. The annexation is 23% contiguous with
the current Fort Lupton City Limits,which exceeds the 16.67%required by statutes.
Requested zoning for the property described herein is I-2 (Heavy Industrial) compliant with City
of Fort Lupton Zoning Regulations. The property is located North of Weld County Road 8, and
East of the Union Pacific Rail Road tracks. The land is currently zoned agricultural (AG) in
Weld County. The Master Plan submitted in support of the annexation and zoning is attached
along with the Vicinity Map.
This report is divided into six elements, which correspond to C.R.S. 31-12-108.5 (1Xa) through
(t)and are set forth as follows:
(a) a map or maps of the municipality and adjacent territory to show the following:
- 1 -
(I) The present and proposed boundaries of the municipality in the vicinity of
the proposed annexation;
(II) The present streets, major trunk water lines, sewer interceptors, and
outfalls, other utility lines and ditches, and the proposed extension of such
streets and utility lines in the vicinity of the proposed annexation and;
(III) The existing and proposed land use pattern in the areas to be annexed.
(b) a copy of any draft of final pre-annexation agreement, if available;
(c) a statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation;
(d) a statement setting forth the method under which the municipality plans to finance the
extension of the municipal services into the area to be annexed;
(e) a statement identifying existing districts within the area to be annexed;
(0 a statement on the effect of annexation upon local public school district systems
including the estimated number of students generated and the capital construction
required to educate such students.
The following maps have been attached as required in subparagraph (a) of C.R.S. Section 31-12-
108.5:
• The present and proposed boundaries of the City of Fort Lupton in the immediate vicinity
of the proposed annexation(Map#1);
• The present streets, major water transmission mains, primary sanitary sewer outfalls,
storm drainage infrastructure, ancillary utility mainlines, irrigation canals and ditches,
and the proposed extension of such streets and utility services in the vicinity of the
proposed annexation(Maps#2 and Map#3);
• The existing land use pattern in the area is Agriculture. The proposed land use pattern in
the subject area to be annexed is Heavy Industrial (I-2) as depicted upon the Villano
Fourth Annexation/Rezoning Map (Map #2) and Villano Fourth Annexation Master Plan
OUP#4).
In addition pursuant to the requirements of Subparagraphs (b) through (f), inclusive of said
section, the following items have addressed or presented:
(b) A draft and final Annexation Agreement and Annexation Ordinance shall be
submitted to the Weld County Planning Department and to the Weld County
Attorney, upon completion.
(c) The plans of the City of Fort Lupton for extending municipal services to, or
otherwise providing for municipal services to the subject property to be annexed as
follows:
1. On — Site / Off-Street Improvements: The Applicant intends to dedicate
thirty (30) feet of right-of-way for Weld County Road 8 at time of annexation.
All other public rights-of-way dedication for public streets will be determined
at time of subdivision. Improvements for public rights-of-way will be
constructed to standards approved by the City.
-2 -
2. Dry Utilities to Service Property: Electrical, telephone, cable television and
natural gas facilities are located in the vicinity of the property to be annexed
and developed. Preliminary investigations confirm that such facilities are of
existing size and capacity to serve the property.
3. Water Transmission and Sanitary Sewer Interceptors: The Applicant is
investigating options for the development of water transmission and sanitary
sewer systems to serve the Property and how they may be integrated with
systems already planned fix the surrounding area.
4. Police, Fire, and Other City Services: Police protection will be provided by
the City of Fort Lupton. Fire protection will be provided by the Fort Lupton
Fire Protection District, pending inclusion of the subject property into the fire
protection district.
5. Water Distribution and Sewer Collection:_The Applicant will cause no
installation of water distribution and sewer facilities within the boundaries of
the Property
6. Storm Drainage: The Applicant intends to maintain the historic drainage
pattern that currently exists on the site.
7. Public Lands / Open Space:_There will be no dedication of public lands by
the Applicant at this time.
8. Public Facility Extension: The applicant has the obligation to develop and
install all on-site and off-site transmission infrastructure facilities necessary to
serve the annexed property with water, wastewater, and stormwater facilities
and services. Off-site utility service transmission facilities costs and certain
on-site infrastructure facility costs may be subject to (a) recoupment
provisions from other adjacent and benefiting property owners and/or(b) upon
review and approval of the City, a rebating to the Applicant of a portion of the
water and wastewater plant investment fees. The City will consider the rebate
of a portion of the water and wastewater plant investment fee to the extent (a)
the infrastructure item for which the rebate is sought is an item which is
normally included in the City's plant investment fee and (b) to the extent the
City, in its sole discretion, determines that there is a system wide funding
surplus available for rebate.
(d) In the event that Property is ever developed and the extension of municipal services
to the annexed property is required, the development of future water, sewer, and
storm water infrastructure within the Property shall be accomplished by one or
more of the following Financing Methods:
1. Development Fees and Surcharges collected by the City of Fort Lupton
2. Direct Developer Financing
3. Metropolitan Districts
4. Special Improvement Districts
5. Otherwise by agreement between City and the Developer as deemed
appropriate.
- 3 -
(e) Consistent with C.R.S. 31-12-108.5, the following Districts and all taxing entities
are identified with the current 2006 property tax mill levy.
(f) The project's impact on the Weld County RE-8 Fort Lupton School District, in
terms of the number of students to be generated by the project at frill development,
is as follows:
Elementary School: 0 students
Middle School: 0 students
High School: 0 students
*Based on 0 dwelling units.
In accordance with City of Fort Lupton Fee Schedule the Applicant will
comply concerning fair contributions for the public schools with the
current assessment fees for each dwelling unit in the event that the
property is developed for residential uses in the future. These fees will be
paid directly to the appropriate school district and a letter from the school
district must be presented to the Building Department before the building
permit will be issued.
Attachments:
Map#1: Villano Annexations: Annexation Impact Map
Map#2: Milano Fourth Annexation/Rezoning Map
Map#3: Villano Fourth Annexation Preliminary Utility Plan
Map#4: Villano Fourth Annexation Master Plan
- 4 -
Todd Hodges Design, LLC
Statement of Community Need: Villano Sixth Annexation
The annexation of this parcel to the City of Fort Lupton respects the Intergovernmental Agreement in
place between the City of Fort Lupton and Weld County as well as the draft interim grown plan between
the communities of Brighton and Fort Lupton. The property is not located within the Intergovernmental
Agreement boundary found in Appendix 19-L of the Weld County Code. However, previous successful
Annexation and Zoning applications to the City in this vicinity by the property owners represented herein
lend this property to Annexation and Zoning as well. By doing so,the future development of the property
to Industrial uses will conform to goals established by the City of Fort Lupton in determining the long-
term growth and development of the City of Fort Lupton. The City has been in study session to develop a
Growth Plan with Weld County and the City of Brighton. This parcel is located within the Joint Planning
Area for Fort Lupton and the City of Brighton as depicted on the July 2005 IGPA Land Use Map.
Adherence to the plan accomplished goals established by the City for their long-range planning efforts,
meets development goals, and ensures compatibility with the region. Objective#4 of the Interim Growth
Plan (in draft format) states an objective is to establish predictability for future land use in the Interim
Growth Plan Area. The annexation and zoning of this property will allow the applicants to develop
within the City boundary at the time when development is appropriate at standards established by the
City. The intent of this application is to not change the current agricultural uses occurring on site. The
intent is to annex and change the zone of the'property at this time.
This annexation proposes I-2 zoning with continued agricultural operations. The continuance of
agricultural operations on site will remain harmonious with the existing neighborhood. Continued use of
irrigation wells and infrastructure and agricultural improvements will remain until use necessitates a Site
Plan Review application. Existing improvements, including the wells and uses shall remain on site and in
agricultural use`until such time when the use changes. Future use changes may require additional review
by City staff, members of the public,referral agencies, Planning Commission and the City Council.
The future uses shall comply with the Town Code, Section 16-42, Industrial District (I-2). Section 16-2
of the City Code stipulates the purpose of establishing Zoning districts and regulations. Such purpose is
to encourage the most appropriate use of land throughout the City. Additional purposes are to maintain
high standards in protecting the health, safety and welfare of current and future citizens. Through the
annexation and zoning of this property, the City agrees to work with the land owner in meeting their long-
term needs associated with their property. Through the annexation and zoning of this property, the
property owner agrees to abide by guidelines established by the City in meeting their long-terms needs.
Future development on the property will be designed to be harmonious with surrounding properties and
uses. The City and landowner agree that all uses allowed under I-2 zoning shall be allowed on the subject
parcel except the following: Petroleum refining and processing; Auto wrecking and Junk or salvage
yards.
The impact to surrounding property owners at this time shall remain as it is currently. The use on site is
not changing from the current agricultural operations. The use shall remain in agricultural production.
The property owners would like to annex their property and change the zone of their property to be
consistent with future development patterns established by the City of Fort Lupton.
1269 North ClerelandAvenae• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: taddhodgesdesign(u,earrhlink.net
I Annexation Impact Map 1
VILLANO ANNEXATIONS
A PORTION OF SECTION 17, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF
WELD, STATE OF COLORADO
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Prepared by: bss nill Land Surveying,Inc. 1301 Noah Cleveland Ave. Loveland,CO 80537
\ Phone:(970)669-0516 Fax:(970)635-9975 E-mail:inlemvll@gwestnet
Drawn By:JEW Page 1 of 1 Febnrery 13,2006
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
RESOLUTION NO. 2006-015
A RESOLUTION OF 1'Hh; CITY COUNCIL OF FORT LUPTON INITIATING
ANNEXATION PROCEEDINGS FOR THE VILLANO SIXTH ANNEXATION
AND SETTING A PUBLIC HEARING.
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition
submitted for a 32.73± acre parcel known as the Villano Sixth Annexation, as described
on Exhibit A attached hereto; and
WHEREAS, the Fort Lupton City Council finds the annexation petition to be
complete and in substantial conformance with the requirements of C.R.S. 31-12-107 (1)
as amended.
NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council
hereby approves Resolution 2006-015 initiating annexation proceedings for the Villano
Fourth Annexation, and sets the hearing date for May 10, 2006 to determine if the
proposed annexation complies with C.R.S. 31-12-104 and 31-12-105, or such parts
thereof as may be required to establish eligibility for annexation under the terms of Part
1, Article 12, Title 31, C.R.S.
APPROVED AND ADOPTED BY flit FORT LUPTON CITY COUNCIL THIS
22th DAY OF MARCH 2006.
City of Fort Lupton, Colorado
James Bostick, Mayor
Approved as to form: Attest:
eia0../GoL,
T. William Wallace Barbara Rodgers, City Clerk
AM 2006-028
A
PETITION FOR ANNEXATION
TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO
We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort
Lupton and its City Council for annexation to the City of Fort Lupton 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
Villano Sixth_Annexation to the City of Fort Lupton.
As part of this petition, your petitioners further state to the City Council that:
1. It is desirable and necessary that the territory described in Exhibit A be annexed to the
City of Fort Lupton.
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 City of Fort Lupton or will be contiguous with the City of
Fort Lupton 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
City of Fort Lupton.
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 City of Fort Lupton.
e. 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, 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, 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 area
proposed to be annexed for the annexation of such area to another municipality.
The area proposed to be annexed is not part of any incorporated city, city and
county, or town.
1
h. The territory proposed to be annexed does not include any area which is the same
or substantially the same are in which an election for an annexation to the City of
Fort Lupton was held within the twelve months preceding the filing of this
petition.
i. The annexation of the area proposed to be annexed will not result in the
detachment of said area from any school district.
j. The annexation of the territory proposed to be annexed will not have the effect of
extending the boundary of the City of Fort Lupton more than three miles in any
direction from any point of the boundary of the City of Fort Lupton in any one
year.
k. The territory to be annexed is 32.73_acres in total area.
1. 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 City of
Fort Lupton, and the proposed land uses for the area.
m. 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 but is not bounded on
both sides by the City of Fort Lupton.
n. If required, an impact report will be prepared and filed pursuant to Section 31-
12-108.5, C.R.S..
3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the
landowners and own more than fifty percent (50%) of the property, excluding public
streets and alleys and any land owned by the annexing municipality, and are, in fact,
owners of one hundred percent (100%) of the property set forth in Exhibit A attached
hereto and incorporated herein by reference.
4. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to
the City, produced with an engineer's scale, minimum scale to be one(1) inch represents
one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four
(24)by thirty-six (36) inches, containing the following information:
a. The date of preparation, the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the annexation map.
d. The legal description.
e. Distinction of the boundary that is contiguous to the City and the length of same.
f. Lot and block numbers if the area is already platted.
g. Existing and proposed easements and rights-of-way.
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h. Existing and requested zoning and acreage of each requested zone.
i. Ownership of all parcels within and adjacent to the annexation.
j. Appropriate certification blocks as directed by the Planning Department.
5. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of fifteen(15)copies of a master plan shall be submitted to the City
of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch
represents one hundred (100) feet, on a reproducible medium with outer dimensions of
twenty-four(24)by thirty-six(36)inches, containing the following information.
a. The date of preparation,the scale and a symbol designating true north.
b. The name of the annexation.
c. The names, addresses and phone numbers of the applicant and the firm or person
responsible for preparing the master plan.
d. Existing and proposed easements and rights-of-way.
e. Block numbers and lot numbers with approximate dimensions.
£ Proposed gross and net residential density.
g. Existing watercourses with adequate easements for flood control.
h. Designation of all public sites to be reserved and dedicated.
i. Existing two-foot contours.
j. Appropriate certification blocks as directed by the Planning Department.
6. At least fifteen(15)days prior to the presentation of this petition to the Fort Lupton City
Council, a minimum of five (5) copies of all required supportive information shall be
submitted to the City of Fort Lupton which shall include the following:
a. Soils description and limitation.
b. Preliminary utility plan.
c. Mailing addresses of all property owners within three hundred (300) feet of the
annexation.
d. Affidavit concerning the amount and historical use of all water rights owned.
e. Vicinity map with one and one-half(1 %2)mile radius, at a minimum scale of one
(1)inch represents two thousand (2,000) feet.
f. Statement on community need for proposed annexation and zoning.
g. For all annexations in excess of ten(10) acres, the applicant shall obtain from the
school district governing the area to be annexed a statement of the effect of the
annexation upon the school district, including an estimate of the number of
students generated by the proposed annexation and the capital construction
required to educate such students.
7. Upon the annexation ordinance becoming effective, except as provided by the
Annexation Agreement, all lands within the area proposed to be annexed will become
subject to all ordinances, resolutions, rules, and regulations of the City of Fort Lupton,
except for general property taxes of the City of Fort Lupton, which shall become
effective as of the January 1 next ensuing.
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8. The zoning classification requested for the area proposed to be annexed is I-2.
Industrial, as shown on the annexation map attached hereto and incorporated herein.
9. As required by the City of Fort Lupton, an annexation agreement has been or will be
executed by the petitioners herein and the City relating to this annexation and the
petitioners hereby expressly consent to the terms and conditions set forth in the
annexation agreement.
10. As an expressed condition of annexation, landowner(s) consent(s) to petition for
inclusion into the Northern Colorado Water Conservancy District and the municipal sub
district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs
associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into
the district and subdistrict, landowner's(s') property will be subject to the same mill
levies and special assessments as are levied or will be levied on other similarly situated
property in the district and subdistrict at the time of inclusion of landowners(s') lands.
Landowner(s) agree(s) to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the
district and subdistrict can impose such mill levies and special assessments as it has the
authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right
which may exist to a refund pursuant to Article X, Section 20, of the Colorado
Constitution.
11. The non-refundable annexation application fee of $1,006.00_is tendered herewith.
4
THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton,
to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in
accordance with and pursuant to the statutes of the State of Colorado.
Land Owners Nam s and Si natures Mailing Address Date of Signing
el-L.% f3aSz' /-2-/3/-i
Ma a- ?c.‘ Id /t9/40-/-
5
4
Land Owner(s)Names(s) and Signature(s) Mailing Address Date of Signing
The foregoing signature(s)was/were subscribed and sworn to before me this 13 day of
15.eftwa>R.V , 20_05 by
Witness my hand and official seal.
My commi ' n expires on�I l � ••
4JQ�__
e‘oTY O
Notary 'c o
ry i 9'4 °(l8L1G 8 p
Land Owned oo'0,y� O i►ia oQ\et
s-oM EXPIRES
If necessary, attach separate sheet.
6
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
, being first duly sworn, states upon oath that he/she is the
circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge
that the signature of each land owner appearing on said petition is the signature of the person whose
name it purports it to be.
(Si ate of Circulator)
The foregoing Affidavit was subscribed and swop to before me this 15 day of
"'.U"bey. , 205, by 4 $ !kW)
Witness my hand and official seal.
My commission expires on bet 211 oigig too
,11ti`1'cTDA,c7k.
`t usN fr
�i �) ` � Q w
WPM 4111
Not lic cry O
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/9s'ON�EXPIF►E9
7
Annexation reution nxnwit #4
Intermill Land Surveying
1301 N. Cleveland Ave. -
a Loveland, Colorado 80537 y
(970)669-0516 ! ry
11).iFax: (970)635-9775
E-mail: intermill@qwest.net
Property Description(Villano Sixth Annexation):
A portion of the West Half of the Northeast Quarter of the Southwest Quarter and the
East Half of the Northwest Quarter of the Southwest Quarter of Section 17, Township 1
North, Range 66 West of the 6th P.M., County of Weld, State of Colorado being more
particularly described as follows:
Considering the North line of the Southwest Quarter of Section 17, Township 1 North,
Range 66 West, County of Weld, State of Colorado, as bearing North 89°54'11" East and
with all bearings contained herein relative thereto:
Beginning at the Northwest Corner of said Southwest Quarter, thence along the North
line of said Southwest Quarter North 89°54'11" Fast 865.18 feet to a point on the
Easterly line of the Union Pacific Railroad Right of Way, said point being the TRUE
POINT OF BEGINNING; thence continuing along said North line North 89°54'11" East
460.22 feet to the Northwest Corner of the West Half of the Northeast Quarter of said
Southwest Quarter; thence continuing along said North line North 89°54'11" East 662.70
feet to the Fast Corner of said West Half; thence along the East line of said West Half
South 00°00'16" East 1317.26 feet to the Southeast Corner of said West Half; thence
along the South line of said West Half South 89°46'01" West 663.70 feet to the
Southwest Corner of said West Half; thence along the South line of the East Half of the
Northwest Quarter of said Southwest Quarter South 89°46'01" West 453.61 feet to a
point on the Easterly line of the Union Pacific Railroad Right of Way; thence departing
said South line and along said Right of Way North 0094'54" West 1319.92 feet to a
point on the North line of the Southwest Quarter of Said Section 17 and the TRUE
POINT OF BEGINNING.
Said Parcel Contains 33.91 Acres, more or less, and is subject to all existing easements
and/or rights of way of record.
December 7,2005 Page 1 of 1 P-05-5982
VICINITY MAP
VILLANO SIXTH ANNEXATION
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 1
NORTH, RANGE 66 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF
COLORADO
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SCALE: 1" = 2000'
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