HomeMy WebLinkAbout20063148.tiff NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of
Frederick, Colorado has adopted a Resolution initiating annexation proceedings for the
Highway 52 Annexation, said Annexation being more particularly described in the
following Resolution.
The Board of Trustees of the Town of Frederick will hold a Public Hearing
commencing at 7 o'clock p.m., November 30, 2006, at the Frederick Town Hall, 401
Locust Street, County of Weld, Colorado 80530 for the purpose of determining whether
the property proposed to be annexed meets the applicable requirements of the statutes of
the State of Colorado and are eligible for annexation to the Town of Frederick.
Dated this 2"d day of November, 2006.
TOWN OF FREDERICK,
COLORADO
By: /s/Nanette S. Fomof
Town Clerk
Publication Dates: November 2, 9, 16 and 30, 2006.
7u 6L/c z-__T/ �n /9 Cv,�' �D 2006-3148
//-/3-c>6 ,
RESOLUTION NO.06R062
A RESOLUTION OF SUFFICIENCY TO AMEND RESOLUTION NO.
06R058 TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY,
COLORADO TO THE TOWN OF FREDERICK,SAID ANNEXATION
TO BE KNOWN AS THE "HIGHWAY 52 ANNEXATION."
WHEREAS,petition for annexation of certain properties have been filed with the Board
of Trustees of the Town of Frederick by The Town of Frederick,401 Locust Street, P.O. Box
435, Frederick CO 80530; and
WHEREAS,the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of
subject property for annexation and zoning, if requested in the petition; and
WHEREAS,the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition;
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FREDERICK,COLORADO,AS FOLLOWS:
Section 1. The petition,whose legal description is attached hereto as Exhibit A and
incorporated by reference herein, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under C.R.S. §31-12-107(2).
Section 3. No additional terms and conditions are to be imposed except those
provided for in the petitions.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed 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
properties if requested in the petition, at the Frederick Town Hall,401 Locust, Frederick,
Colorado 80516, at the following time and date:
November 30th, 2006, 7:00 P.M.
Section 5. Any person may appear at such hearing and present evidence relative to
the proposed annexation or the proposed zoning.
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 been met,
and further, will determine the appropriate zoning of the subject property if requested in the
petition.
Section 7. If the Board of Trustees concludes,by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the
State of Colorado,the Board of Trustees 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 26th DAY OF OCTOBER
2006.
ATTEST: TOWN OF FREDERICK
By/s/Nanette S. Fomof,Town Clerk By/s/Eric E. Doering, Mayor
EXHIBIT A
HIGHWAY 52 ANNEXATION
All that part of the North '//of Section 3, Township 1 North, and the South 1/2 of Section 34,
Township 2 North, Range 68 West of the 6t°P.M.,Weld County, Colorado, lying within the
Right-of-Way of State Highway 52, more particularly described as follows: Commencing at the
North 'A Corner of said Section 34 as monumented by a 31/2: aluminum Monument LS#7274,
Thence N00°10'33"W a distance of 30.00' to a point on the North Right-of-Way of said State
Highway 52 and the Point of Beginning; Thence along said North Right-of-Way of State
Highway 52,N89°36'09"E a distance of 663.87'; Thence departing said Right-of-Way,
500°26'25"E a distance of 132.10' to a point on the South Right-of-Way of said State Highway
52; Thence along said South Right-of-Way of State Highway 52 the following 4 courses;
589°36'09"W a distance of 664.32'; N00°15'48"W a distance of 25.00'; S89°38'29"W a distance
of 1422.27'; S88°34'29"W a distance of 44.42' to the East Line of the Cavalier North Parcel
Annexation#7; Thence leaving said Right-of-Way N00°46'25"E a distance of 107.07' along the
East Line of the Cavalier North Parcel Annexation#7 to a point on the North Right-of-Way of
said State Highway 52; Thence N89°36'28"E along said North Right-of-Way of State Highway
52 a distance of 1465.84' to the Point of Beginning.
Containing 244.150 square feet or 5.605 acres,more or less.
HIGHWAY 52 ANNEXATION
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO:
The Town of Frederick (TOWN), the undersigned landowner, in accordance with
Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to
the Town of Frederick of the following described unincorporated territory located in the County
of Weld and State of Colorado, to-wit:
See legal description in Exhibit A, attached hereto and incorporated
herein by this reference.
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 in Exhibit A be annexed to the
Town of Frederick.
2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, as amended, exist or
have been met in that:
a. Not less than one-sixth of the perimeter of the area proposed to be annexed is
contiguous with the Town of Frederick or will be contiguous with the Town of Frederick within
such time as required by 31-12-104;
b. A community of interest exists between the area proposed to be annexed and
the Town of Frederick;
c. The area proposed to be annexed is urban or will be urbanized in the near
future;
d. The area proposed to be annexed is integrated with or is capable of being
integrated with the Town of Frederick.
e. No land within the boundary of the territory proposed to be annexed which is
held in identical ownership, whether consisting of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without
the written consent of the landowner or landowners thereof, unless such tracts or parcels were
separated by a dedicated street, road or other public way.
f. No land within the boundary of the area proposed to be annexed which is held
in identical ownership, comprises twenty acres or more, and which, together with the buildings
and improvements situated thereon has an assessed value in excess of two hundred thousand
dollars ($200,000.00) for ad valorem tax purposes for the year next preceding the annexation, has
been included within the area proposed to be annexed without the written consent of the
landowner or landowners.
g. No annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to another municipality.
h. The annexation of the territory proposed to be annexed will not result in the
detachment of area from any school district.
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
information following:
a. A written legal description of the boundaries of the area proposed to be
annexed;
b. A map showing the boundary or the area proposed to be annexed, said map
prepared and containing the seal of a registered engineer;
c. Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the
plat numbers of plots or of lots and blocks;
d. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the Town of Frederick and the contiguous boundary of any other
municipality abutting the area proposed to be annexed, and a showing of the dimensions of such
contiguous boundaries.
2
5. Upon the Annexation Ordinance becoming effective, all lands within the area
proposed to be annexed will become subject to all ordinances, rules and regulations of the Town
of Frederick, except for general property taxes of the Town of Frederick which shall become
effective as the January 1 next ensuing.
6. The zoning classification requested for north of center line to be zoned MU-C-I-I-52
and south of center line to be zoned BLI.
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:
/s/Eric E. Doering
Mayor Town of Frederick,
Petitioner
3
Hello