HomeMy WebLinkAbout20022822.tiff . . .4s
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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:
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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
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