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HomeMy WebLinkAbout20022822.tiff . . .4s : .. .,-,....,..„. • Jr -. ....: le 1 I row City of Dacono , Colorado -- IIJ i --„ October 18, 2002 Clerk of the Weld County Frederick Area Fire Northern Colorado Water Bd. of County Comm'rs. Protection District Conservancy District P.O. Box 758 31 Walnut P.O. Box 679 Greeley, CO 80632 Frederick, CO 80530 Loveland, CO 80539 Bruce Barker, Esq. Tri-Area Ambulance District Mountain View Fire Weld County Attorney 350 4W Street Protection District 915 10i° Street P.O. Box 708 9119 County Line Rd. Greeley, CO 80632 Frederick, CO 80530 Longmont, CO 80501 St. Vrain and Left Hand St. Vrain Sanitation Dist. Dacono Sanitation District Water Conservancy Dist. 515 Kimbark Street,#109 c/o Black&Veatch - Dan Brown 9595 Nelson Rd., Box C Longmont. CO 80501 11900 E. Cornell Ave., #300 Longmont, CO 80501 Aurora, CO 80014 St. Vrain Valley School District Town of Firestone Town of Frederick 395 South Pratt Parkway P.O. Box 100 P.O. Box 435 Longmont, CO 80501-6499 Firestone, CO 80520 Frederick, CO 80530 Central Weld County Water Dist. Weld Library District Left Hand Water District 2235 2"d Avenue 2227 231d Avenue P.O. Box 210 Greeley, CO 80631 Greeley, CO 80631 Niwot, CO 80544 Carbon Valley Recreation Dist. P.O. Box 119 Frederick, CO 80530 Dear Sir or Madam: Enclosed please find notification for a proposed annexation to the City of Dacono, Colorado, to be known as the Dacono Hills Annexation. The Public Hearing on the proposed annexation is scheduled for Tuesday. November 12. 2002. at 7:00 p.m., as described in the enclosed Resolution No. 02-57 Also enclosed is a copy of the Petition for Annexation as filed and the notice published in the Farmer & Miner on October 2, 9, 16 and 23, 2002. CITY OF DACONO, COLORADO Nancy Elliott, City Clerk cc: Karen (limbo. City Administrator Ken Dell, City Planner 512 Cherry Street • Post Office Box 186 • Dacono, Colorado 80514 Local—(303) 833-2317 Metro— (303) 833-5562 Fax—(303) 833-552" 2002-2822 r 10/12/2002 13:20 CITY OF DACONO -* 3032991627 NO.898 DO2 RESOLUTION NO. 02- S`7 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN ANNEXATION PETITION FILED WITH THE CITY OF DACONO,FOR PROPERTY TO BE KNOWN AS THE DACONO HILLS ANNEXATION TO THE CITY OF DACONO, AND SETTING A PUBLIC HEARING THEREON. WHEREAS,a petition for annexation of certain property,to be known as the Dacono Hills Annexation,has been filed with the City Council of the City of Dacono; and WHEREAS, the City Council has reviewed the petition; and WHEREAS, the City Council wishes to permit simultaneous consideration of the subject property for annexation and for zoning, if requested in the petition;and WHEREAS, the City Council has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO: Section 1. The petition,the legal description for which is attached hereto as Exhibit A, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. § 31-12-107(2). Section 3. No additional terms and conditions are to be imposed except any provided for in the petition. Section 4. The City Council will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. § 31-12-104 and with C.R.S. § 31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject property if requested in the petition,at the Dacono City Hall,512 Cherry Street,Dacono, Colorado 8O514, at the following date and rime: November 12, 2002 at 7:00 p.m. Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation, or the proposed zoning if requested in the petition. Section b. Upon completion of the hearing,the City Council will set forth,by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,and whether the statutory requirements for the proposed annexation have been met,and further,will determine the appropriate zoning of the subject property if requested in the petition. 10/18/2002 13:20 CITY OF DACONO 3832981627 NO.898 D03 Section 7. If the City Council concludes, by resolution, that all statutory requirements have been met and that the proposed annexation i.s proper under the laws of the State of Colorado, the City Council will pass one or more ordinances annexing the subject property to the City of Dacono, and will pass one or more ordinances zoning the subject property if requested in the petition_ INTRODUCED,READ,SIGNED AND APPROVED this C33a, y of /re fr ,2002. CITY OF DACONO, COLORADO By: Wade Carlson,Mayor Al LEST; By; Ilaett, City Clerk 0902a302 1345 PM E.cmtsYkDrwuW\Dntt alikEo¢IC.r¢dog 2 EXHIBIT A A PORTION OF THE NORTH ONE-HALF OF SECTION 18, AND PORTIONS OF SECTIONS 7, 8 AND 17, ALL IN TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 18, THENCE S 89°32'50" E ALONG THE NORTH LINE OF SAID SECTION 18 A DISTANCE OF 30.00 FEET; THENCE N 00°09'22" W A DISTANCE OF 30. 00 FEET TO THE NORTHERLY LINE OF WELD COUNTY ROAD NUMBER 10 AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY LINE THE TWO (2) COURSES: 1. S 89°32' 50" E A DISTANCE OF 2515. 67 FEET TO A POINT 30 FEET NORTH OF THE NORTH ONE-QUARTER CORNER OF SECTION 18; 2. S 89°37 '23" E A DISTANCE OF 2662.84 FEET TO THE EASTERLY LINE OF WELD COUNTY ROAD NUMBER 15 BEING 30 FEET EAST AND 30 FEET NORTH OF THE NORTHEAST CORNER OF SAID SECTION 18; THENCE S 00°11' 53" W ALONG SAID EASTERLY LINE A DISTANCE OF 2685. 86 FEET: THENCE ALONG THE EAST-WEST CENTERLINE OF SAID SECTION 18 THE FOLLOWING TWO (2) COURSES: 1. N 89°37 '41" W A DISTANCE OF 2632.41 FEET TO THE CENTER ONE-QUARTER CORNER OF SECTION 18; 2. N 89°37'24" W A DISTANCE OF 2529.45 FEET TO A POINT 30 FEET EAST OF THE WEST ONE-QUARTER CORNER OF SECTION 18; THENCE N 00°09' 22" W ALONG A LINE LYING 30' EAST OF THE WESTERLY LINE OF SAID SECTION 18 A DISTANCE OF 2689. 55 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 318. 902 ACRES. 3 PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF THE CITY OF DACONO, COLORADO • We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Dacono and its City Council for annexation to the City of Dacono 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 Daconollill3 Annexation to the City of Dacono. 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 Dacono. 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 Dacono or will be contiguous with the City of Dacono 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 Dacono. 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 Dacono. e . No land within the boundary of the territory proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, has been divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels were separated by a dedicated street, road, or other public way. • f. No land within the boundary of the area proposed to be annexed which is held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and which, together with the buildings and improvements situated thereon, has an assessed value in excess of two hundred thousand dollars ($200, 000 .00) for ad valorem tax purposes for 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 City of Dacono more than three miles in any direction from any point of the boundary of the City of Dacono in any one year. j . The territory proposed to be annexed is 155.71 acres ± in total area . k. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105 (1) (e) , C.R. S. , which generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks , aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the City of Dacono; and the proposed land uses for the area; such plan to be updated at least once annually. 1 . In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is to be annexed, the entire width of the street or alley has been included within the area 2 ani.. died, and reasonable access gill not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the City of Dacono but is not bounded on both sides by the City of Dacono . m. If required, an impact report will be prepared and filed pursuant to Section 31-12-108 .5, C.R.S. . 3 . The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. The signatures on this petition comprise one-hundred percent (100%) of the landowners of the territory to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election. 4 . Accompanying this petition are four copies of an annexation map containing the following information: a. A written legal description of the boundaries of the area proposed to be annexed; 1 b. A map showing the boundary of the area proposed to be annexed, said map prepared by and containing the seal of a registered engineer; c. Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; d. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Dacono and the contiguous boundary of any other municipality abutting the area proposed to be annexed, and a showing of the dimensions of such contiguous boundaries_ 5. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the City of Dacono, except for general property taxes of the City of Dacono, which shall be come 3 effecti as of the January 1 next Suing. 6. The zoning classification requested for the area proposed to be annexed is Planned Unit Development: -CR(Commercial Residential) Mixed Use including: Single Family,Multifamily & Commercia The petitioners agree tnat said annexed land shall be brought under the provisions of Chapter of the Dacono Municipal Code within ninety (90) day from the effective date of the annexation ordinance . 7 . There shall be no duty or obligation upon the City of Dacono to furnish water or sanitary sewer facilities to the area proposed to be annexed. Such services will be provided at such time, in the sole discretion of the City, when such services for water and sanitary sewer can be economically and reasonably installed to service a sufficient number of inhabitants within the area so as to make the construction and establishment of such services feasible and at no additional cost for the same or similar type of services provided to inhabitants within the existing corporate limits of the City. 8 . If required by the City, an annexation agreement has been or will be executed by the petitioners herein and the City of Dacono relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 9. The petitioners agree to the following terms and conditions, which shall be covenants running with the land, and which may, at the option of the City, appear on the annexation map; a. Water rights shall be provided pursuant to City ordinance. b. All conditions set out in the annexation agreement executed by the petitioner. c. Other: WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page, respectfully request that the City of Dacono, acting through its City Council, approve the annexation of the area proposed to be annexed: 4 . I. i 1.1 4j T1 u IC Q O a W w a) • $ S4 m w a) O O,"/ 'd w 3a -.i t a -C . O TS a) - .a -d O -Ni U r0 C G O' X -C 0 N A a) a) � O m a) 4 'd y ow co 4 C o C LS --1 Q) .C $4 (CI .C CO b rd -.a w S.+ .0 0 r-4 - t 1 1 0. G -d 10 -d C• m .C m X .-1 j) 0 a) 0 ro P4 g s) w 0 Gz h • C o p IQ 0 W o+V N id 9 m 0-4 3 a) 3 u 0 >1 IC 4 O it w -- _ _ _ N t a) V) 1.1 • a 1-4 -d � A a) O G a) N w -m -C 0 m a°) iw '� 0 0 _ W 0 C o a) id 0 0) 0 x 0)•i a)x >r0 -d O X ° co • 0 O, a) Cr) CO � " &4 0 1.4 PT' r N) 14 H ce gra rc-4 1-1d Q rn 173 N b) a O C A' s o C G G 0tee. -.4 'd 1) . _ Z o w aeR 54 CI w O - ° -4 ro ra 4J O Ca .-4w -,1 in A CO C CO t.1 u $-1 a� ten - 4 G 0 O ri tl w .a) +�o a) a, a 0 Ca) ) o' 0 11 CO 0 4 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says : That he was the circulator of the foregoing Petition for Annexation of lands to the City of Dacono, Colorado, consisting of 1 pages, including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be . ircul or ACKNOWLEDGEMENT STATE OF COLORADO Iss COUNTY OF p eet4 The above and foregoing Affidavit of Circulator was subscribed and sworn to before me this c,c'4fday of 0", , Qna . Witness my hand and official seal . My commission expires on: j2(/(014, l jet-it Notary Public(/ 77 i 2)J Address . .4.c c-6 g b Si 6 (SEAL) 6 Exhibit A to Petition for Annexation to City of Dacono, Colorado Legal Description of land to be known as Dacono Hills Owned by Andora Investments LLC BEGINNING AT THE CENTER 1/4 CORNER OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M.; THENCE ALONG THE EAST LINE OF THE SW 1/4 OF SAID SECTION 18 S 00'50'25" E, 2656.68 FEET TO THE SOUTH 1/4 CORNER OF SAID SECTION 18; THENCE ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 67 WEST OF THE 6TH P.M. S 01'19'57" E, 30.01 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 8; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE N 90'00'00" W, 2542.24 FEET TO THE EAST RIGHT-OF-WAY LINE OF WELD COUNTY ROAD 13; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE N 00'29'37" W, 30.28 FEET; THENCE CONTINUING ALONG SAID EAST RIGHT-OF-WAY LINE N 00'34'30" W, 2655.95 FEET TO THE NORTH LINE OF SAID SW 1/4 OF SECTION 18; THENCE ALONG SAID NORTH LINE N 89'59'36" E, 2529.50 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION CONTAINED IN THE DEED RECORDED JUNE 17, 1967 IN BOOK 583 RECEPTION NO. 1504660. 22 Farmer&Miner•Wed.,Oct.9,2002 MetrowestFYl.com CITY OF DACONO,COLORADO .... .NOTICE OF PUBLIC HEARINGS BEFORE THE DACONO . RESOLUTION NO.02-37 PUNNING COMMISSION ON A PROPOSED ZONING - A RESOLUTION FINDING SUBSTANTIAL OF PROPERTY . COMPUANCE FOR AN ANNEXATION • - AND PETITION FILED WITH THE CITY'OF BEFORE THE CRY COUNCIL DACONO,FOR PROPERTY TO BE KNOWN OF THE CITY OF DACONO ON A • AS THE DACONO HILLS ANNEXATION TO PROPOSED• THE CITY OF DACONO,AND SETTING A ANNEXATION AND PUBLIC HEARING THEREON. ZONING OF PROPERTY WHEREAS,a petition for annexation of r'XHIBRA . Notice is hereby gNen that the Dacono certain property.to be known as the Planning Cormaseon w t hold a Public Ontario HIlHAnnexation,hos been filedANNEXATION LEGAL DESCRIPTION Hearing commencing of 6:00 p:m., with the City Council of the City of • Tuesday. October 29, 2032 at the , Dacono;and BEGINNING Ai1HE CENTER 1/4 CORNER Dacono City Hat 512 Cherry Street, SECTION 18.TOWNSHIP 1 NORTH. Dacono,Colorado 80514.The purpose WHEREAS,the Criy Councllbasrevlewetl RANGE 67 of the Public Hearing b to consider a the Petition;and- WEST OF THE 6TH P.M:THENCE ALONG requesttdzonIngof property proposed THE EAST LINE OF THE SW 1/4 OF SAID . to be annexed to the City andknowno. WHEREAS, the City Council wishes to SECTION the Dacono HilsAmexatlon to'treaty. Permit Simultaneous consideration of 18 S 03°50'28 E.2656.68 FEET TO THE The zoning requested for the Ontario " thesubjeclpropeMfooruaexotbnand- rCiI TT i 1/d CORNER SAID SECTION Hills Annhxatian a C-R. Commercial - for zoning.it requested in the petition; 7& Residential Minot. - • and . _ THENCE ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 19,TOWNSHIP 1 Further Notice Is hereby given that the WHEREAS,the City Council M4revlewetl NORTH, City Cousot of the City of Dacono MIthe petition and desires to adopt by RANGE by WEST OF THE 6TH P.M. $ Mid a Public Hearing commencing at Resolution Its findings in regard to the 01.19'57'E 30.01 FEET TO A POINT ON 7:00 P.m..Tuesday.November 122002. ' petition. THE SOUTH at the Dacono City Hat 512 Cherry RIGHT-OF-WAY UNE OF WELD COUNTY Street Dacono.Colorado 80514...the NOW,TNEREFORE.BERRESOLVED BYTHE ROAD&THENCE ALONG SND.SOIITH purpose of the Public Hearing Is to CITY COUNCIL OFTHE CITY OF DACONO, RIGHT-OF-WAY LINE N90.00'00' W. determine whether property for COLORADO: 254221FEETTOTINEEPSrrnGHi-0E-WAV which o petition far annexation has LINE OF been fled e CIN,to beknownas SetSon..I. The petition, the legal WELD COUNTY ROAD 13: THENCE win the me DaccnoHil Annexation to the City descrptionfor which Lsottachedhereto ALONG SAID EAST RIGHT-OF-WAY UNE of Dacono, meets the applicable OSExhibltA.lsinsWFfantid conlpllance N00'29'37 W, _ requkernentsofthe statutes ofthe$lale with the appfcobie lows of the State of 30.2BFEEi;THENCECOMINUNGALONG of Colorado and Is eligible for Colorado. SAID EAST RIGHT-OF-WAY LINE N annexation b nn lheCHy.andtodetene 0D°34'30'W. the zarfngtortheproposetlpnnexotlm, SBctlga2. Na election Is.required 2655.95FEETTOTIf NORTH UNEOF SAID the zoning requested for the Dacca under RS.§31-12-107(2). 5031/4 Of SECTION 18aHENCE ALONG Hills Annexation Is C-R. Commercial Section 5 No addnpnal terms and' SAID Residential District. NORTH LINE N 8759'36'E 2520.50 FEET condtfons are to be Imposed except TO THE POINT OF BEGINNING. EXCEPT Any person may appear at Die Public any proMdetl for n the Patton. THAI Hearings and be head regarding the PORTION CONTAINED IN THE DEED matters under consideration. The LLIbn4. The City Council we txaltla RECORDED JUNE 17.1967 IN BOOK 583 approxtinote lacatln of the prapertyls .public hearing for the purpose of RECEPTION NO. • the northeast comer of the ntersectbn determining m theproposeda9xaean 1504660. AND BEING MORE an of Weld County Roods 13 and B. The complies with CRS. § 31-12-104 and PARTICUURLYOESCRIBEDASFOLLOW5. legaldescription of the property which with C.R.5.§31-I2-105 and will hoist BEGINNING ATAPOINT WHK:H BEARS N is the subect at the annexation and public hearing to determine the 68'30'W.135.00 FEET FROM TIE SOUTH zoning request is shown in Exribit A of appropriate zoning of the subject QUARTER the Resolution set forth below. .property if n the e petition.at CORNER Of SECTION 18,T.1 N..R,67W., the Dacono City Hal.512 Chery Street THENCE WEST 288.00 FEET, THENCE - Copies of the zoning application, Docono. Colorado 80514;at the NORTH annexation petition, and related fdp oa v4ng dated time:November12, 100.00 FEET,THENCE EAST 288.00 FEET. documents are on Me and available for 2002 at 7:00 p.m. - iHENCESOUTH l00.00FEETTOTHE POINT pubic lnpedbnlnme office oltMOly OF Clerk,612 Cherry Street,Dacono,CO S.c i 5. Anypersonmoyappeorat BEGINNING,CONTAINING SINN-SIX 80514, during regular business hours. such hearing and present evidence HUNDREDTFl5(0.66)OF AN ACRE,MORE Set forth below is the Resolution ending relative to the proposed annexation,or OR LESS. the annexation petition it in substantial The proposed zoning if requested In the compliance wehlMupplcablelaws of petition. Published in the Farmer Miner October the State d Colorado. 2,9,16,2J,2002. th - SBglp6., Upon conlpletton of the Dotedthe27 doyofSeptember.a702. hearing,the City Council will.set form. byresol lion,IhfUAgsmdconduslam CRY OF DACONO.COLORADO with reference to the eligibility of the Nancy Watt proposed arnexalbn,and whetrerthe City Clerk stahstoyrequiements forth@ proposed ' annexation have been met and MOer. wR determine the appropriate zoning of the subject property If requested in the peRllpn. 3CIWD.Z. If the City Council concludes,by resolution, that all statutory requirements have been met and that the proposed amexotian Is proper under the laws of the State of Colorado,the City Council will pass one or more ordinances annexing the subject propel to f he City otOocono, aid will pass one or more ordinances zoning the subect propertytt requested in the petition. INTRODUCED, Rif:AD, SIGNED AND APPROVED this 23 day of September, 2002. CITY OF DACONO,COLORADO By:Wade Carlson,Mayor ATTEST: By.Nancy Elliott,City Clerk Hello