HomeMy WebLinkAbout20022606.tiff Firestone
September 16, 2002
A Community
•• In Motion
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Clerk of the Weld County Board Frederick Area Fire
of County Commissioners Protection District
P.O. Box 758 31 Walnut
Greeley, CO 80632 Frederick,CO 80530
Bruce Barker, Esq. Tri-Area Ambulance District
Weld County Attorney 350 4th Street
915 10th Street P.O. Box 708
Greeley, CO 80632 Frederick, CO 80530
St. Vrain Sanitation District Town of Frederick
515 Kimbark Street, #109 P.O. Box 435
Longmont, CO 80501 Frederick, CO 80530
St. Vrain Valley School District City of Dacono
395 South Pratt Parkway P.O. Box 186
Longmont, CO 80501-6499 Dacono,CO 80514
Central Weld County Water District Weld Library District
2235 2nd Avenue 2227 23rd Avenue
Greeley, CO 80631 Greeley, CO 80631
Carbon Valley Recreation District Left Hand Water District
P.O. Box 119 P.O. Box 210
Frederick, CO 80530 Niwot, CO 80544
St. Vrain and Left Hand Water Weld County Tri-Area
Conservancy District Sanitation District
9595 Nelson Rd, Box C P.O. Box 213
Longmont, CO 80501 Frederick, CO 80530
Northern Colorado Water Mountain View Fire
Conservancy District Protection District
P.O. Box 679 9119 County Line Rd.
Loveland, CO 80539 Longmont, CO 80501
Dear Sir or Madam:
Enclosed please find notification of a proposed annexation to the Town of Firestone,Colorado,to be known as
the Saddleback Hills Lake & Conservancy #3, LLC Annexation. The Public Hearing on the proposed
annexation is scheduled for Thursday,October 10,2002 at 7:30 p.m.,as described in the enclosed Resolution
No. 02-34. Also enclosed is a copy of the Petition for Annexation as filed and the notice published in the
Longmont Times-Call on September 4, 11, 18 and 25, 2002.
TOWN OF FIRESTONE, COLORADO
Judy Hegwood, Town Clerk
151 Grant Ave. • P.O. Box 100 • Firestone, CO 80520
p `) (303) 833-3291 • fax (303) 833-4863 2002-2606
GA -93 •Col- CC . �'' l( cO.
09/16/02 13:23 FAX Z002/004
RESOLUTION NO. O.2.-341
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR AN
ANNEXATION PETITION FILED WITH THE TOWN OF FIRESTONE,
COLORADO, KNOWN AS THE SADDLEBACK HILLS LAKE &
CONSERVANCY #3, LLC ANNEXATION TO THE TOWN OF FIRESTONE,
AND SETTING A PUBLIC HEARING THEREON.
WHEREAS, a petition for annexation of certain property to be known as the Saddleback
Hills Lake&Conservancy#3,LLC Annexation has been filed with the Town Clerk of the Town
of Firestone, Colorado, and referred to the Board of Trustees of the Town for a determination of
substantial compliance with applicable law; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
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.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO: .
Section 1. The petition, the legal description for which is attached hereto as Exhibit A
and incorporated herein by reference, is in substantial compliance with the applicable laws of the
State of Colorado.
Section 2. No election is required under § 31-12-107(2), C.R.S.
Section 3. No additional terms and conditions are to be imposed except any provided for
in the petition.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with Sections 31-12-104 and 31-12-105,C.R.S.,
and will hold a public hearing to determine the appropriate zoning of the subject property, if
requested in the petition,at the Firestone Town Hall, 151 Grant Avenue,Firestone,Colorado 80520,
on Thursday, October 10,2002, at 7:30 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 6. Upon completion of the hearing, the Board of Trustees will set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed annexation,
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09/16/02 13:23 FAX
a003/004
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 may pass one or more ordinances annexing the subject property to
the Town of Firestone,and will pass one or more ordinances zoning the subject property if requested
in the petition.
INTRODUCED, READ, and ADOPTED this 21 day of 2002.
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_ $ Michael P. Simone
TA /43. Mayor
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09/16/02 13:23 FAX f)004/004
EXHIBIT A
LEGAL DESCRIPTION
A description of the SADDLEBACK HILLS LAKE&CONSERVANCY#3,LLC ANNEXATION
located in the NW1/4 of Section 28 and the NE1/4 of Section 29,all in T2N,R67W of the 6th P.M.,
Weld County, Colorado. For: BGZ Development, LLC.
LEGAL DESCRIPTION
A part of the NW1/4 of Section 28 and all of the NE1/4 of Section 29, all in T2N, R67W of the 6th
P.M., County of Weld, State of Colorado, being more particularly described as follows:
BEGINNING at the N1/4 Corner of said Section 29, from which the Northwest Corner of said
Section 29 bears N89°30'23"W,2628.73 feet(Basis of Bearing), thence S89°42'37"E,2630.01 feet
along the North Line of the NE1/4 of said Section 29 to the Northeast Corner of said Section 29;
Thence N89°32'31"E, 30.00 feet along the North Line of the NW1/4 of said Section 28 to the
Easterly Right-of-way Line of Weld County Road No. 17;
Thence S00°05'42"W,2634.11 feet along the Easterly Right-of-way Line of said Weld County Road
No. 17 to the South Line of the NW 1/4 of said section 28;
Thence S89°36'15"W, 30.00 feet along the South Line of the NW1/4 of said Section 28 to the E1/4
Corner of said Section 29;
Thence N89°40'46"W,2616.48 feet along the South Line of the NE1/4 of said Section 29 to the C 1/4
Corner of said Section 29;
Thence N00°1 l'58"W,2632.75 feet along the West Line of the NE 1/4 of said Section 29 to the N1/4
Corner of said Section 29 and the POINT OF BEGINNING.
SUBJECT TO any Rights-of-way for Weld County Road No. 17 and Road No. 18.
Area= 160.398 acres, more or less. (Area= 154.980 acres, more or less, excluding the Right-of-
way for Weld County Road No. 17 and Road No. 18).
3
ll . .
„."' . .y PETITION FOR ANNEXATION
li TO: THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO
We, the undersigned landowners, in accordance with Colorado law,
II hereby petition the Town of Firestone and its Board of Trustees for
annexation to the Town of Firestone of the unincorporated
t, territory, the legal description of which is attached hereto as
Exhibit A and incorporated herein by this reference, located in the
County of Wed and the State of Colorado, and to be known as the
c dd(9,171 - Wilk Lake lk Annexation to the Town of Firestone.
Con4ewancy *f3) I-Lc-
As part df this petition, your petitioners further state to the
Board of Trustees that :
1 . It is desirable and necessary that the territory
described in Exhibit A be annexed to the Town of
Firestone.
` 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
k ; Town of Firestone or will be contiguous with the
% • Town of Firestone 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 Town of Firestone.
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
Firestone.
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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
4-,, 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
r 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
k; 1
rrs,
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M
eestate or two or more contiguous tracts or parcels
of real estate, comprises twenty acres or more, and
which, together with the buildings and improvements
Isituated 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
II the annexation, has been included within the area
proposed to be annexed without the written consent
of the landowner or landowners .
Ig. No annexation proceedings have been commenced for
any portion of the territory proposed to be annexed
for the annexation of such territory to another
II municipality.
h. The annexation of the territory proposed to be
II annexed will not result in the detachment of area
from any school district .
i. The annexation of the territory proposed to be
ll annexed will not have the effect of extending the
boundary of the Town of Firestone more than three
M miles in any direction from any point of the
boundary of the Town of Firestone in any one year.
j . The territory proposed to be annexed is /578. 5
h ) acres in total area.
k. Prior to completion of the annexation of the area
II 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,
III waterways, waterfronts, parkways, playgrounds,
squares, parks , aviation fields, other public
ways, grounds, open spaces, public utilities, and
ill terminals for water, light, sanitation,
transportation, and power to be provided by the
Town of Firestone; and the proposed land uses for
the area; such plan to be updated at least once
Di annually.
1. In establishing the boundary of the area proposed
Il 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
Iannexed, and reasonable access will not be denied
to any landowners, owners of any easement, or the
owners of any franchise adjoining any platted
II street or alley which is to be annexed to the Town
of Firestone but is not bounded on both sides by
the Town of Firestone .
11 2
r
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 tot he 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;
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
h 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 Firestone 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 Town of Firestone, except for general
property taxes of the Town of Firestone, which shall be
Icome effective as of the January 1 next ensuing.
6 . The zoning classification requested for the area proposed
to be annexed is P u n
The petitioners agree that said annexed land shall be
brought under the provisions of Title 17 of the Firestone
Municipal Code within ninety (90) day from the effective
date of the annexation ordinance.
PI 3
r
r ≥a 7 . There shall be no duty or obligation upon the Town of
Firestone to furnish water or sanitary sewer facilities
to the area proposed to be annexed. Such services will
II be provided at such time, in the sole discretion of the
Town, when such services for water and sanitary sewer
can be economically and reasonably installed to service
a 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
II or similar type of services provided to inhabitants
within the existing corporate limits of the Town.
I 8 . If required by the Town, an annexation agreement has been
or will be executed by the petitioners herein and the
Town of Firestone relating to this annexation and the
petitioners hereby expressly consent to the terms and
llconditions set forth in the annexation agreement .
9 . The petitioners agree to the following terms and
II conditions, which shall be covenants running with the
land, and which may, at the option of the Town, appear on
the annexation map:
IIa. Water rights shall be provided pursuant to Town
ordinance.
L '�
b. All conditions set out in the annexation agreement
executed by the petitioner.
Ic. Other:
WHEREFORE, the petitioners, whose signatures are on the signature
sheet on the next page, respectfully request that the Town of
II Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed:
II .
II
II032896/1233[sar)\firestone\annexpet.frm
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AFFIDAVIT OF CIRCULATOR
IThe undersigned,
g being of lawful age, who being first duly
sworn upon oath deposes and says :
NThat (he or she) was the circulator of the foregoing Petition
for Annexation of lands to the Town of Firestone, Colorado,
N consisting of 6 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.
N
GN v
ii P er &vva na wn
Circulator
II
ACKNOWLEDGEMENT
ll STATE OF COLORADO� )
it COUNTY OF skier trier'' ) s s
The above and foregoing Affidavit of Cir ulator was subscribed
Iand sworn to before me this /3 day of /Parch , „1.9-204,2_
Witness my hand and official seal .
IlMy commission expires on: ? 602003
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D ' ALBERS, DREXEL & POHLY, INC.
1860 Industrial Circle, Suite D • Longmont • Colorado • 80501 Telephone:(303) 682-1131 • Fax:(303)682-1149
EXHIBIT "A"
A description of the SADDLEBACK HILLS LAKE & CONSERVANCY #3, LLC ANNEXATION located
in the NW1/4 of Section 28 and the NE1/4 of Section 29, all in T2N, R67W of the 6th P.M., Weld
County, Colorado. For: BGZ Development, LLC.
LEGAL DESCRIPTION
A part of the NW1/4 of Section 28 and all of the NE1/4 of Section 29, all in T2N, R67W of the 6th
P.M., County of Weld, State of Colorado, being more particularly described as follows:
BEGINNING at the N1/4 Corner of said Section 29, from which the Northwest Corner of said Section
29 bears N89°30'23"W, 2628.73 feet (Basis of Bearing), thence S89°42'37"E, 2630.01 feet along the
North Line of the NE1/4 of said Section 29 to the Northeast Corner of said Section 29;
Thence N89°32'31"E, 30.00 feet along the North Line of the NW1/4 of said Section 28 to the Easterly
Right-of-way Line of Weld County Road No. 17;
Thence S00°05'42"W, 2634.11 feet along the Easterly Right-of-way Line of said Weld County Road
No. 17 to the South Line of the NW1/4 of said section 28;
Thence S89°36'15"W, 30.00 feet along the South Line of the NW1/4 of said Section 28 to the E1/4
Corner of said Section 29;
Thence N89°40'46"W, 2616.48 feet along the South Line of the NE1/4 of said Section 29 to the C1/4
Corner of said Section 29;
Thence N00°11'58"W, 2632.75 feet along the West Line of the NE1/4 of said Section 29 to the N1/4
Corner of said Section 29 and the POINT OF BEGINNING.
SUBJECT TO any Rights-of-way for Weld County Road No. 17 and Road No. 18.
Area = 160.398 acres, more or less. (Area = 154.980 acres, more or less, excluding the Right-of-way
for Weld County Road No. 17 and Road No. 18).
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NOTICE: According to Colorado law you must Frank N. �P fiF,o
commence any legal action based upon any defect Colorado I!rgfOsi g -1 hind-
in this survey within three years after you first Surveyor D4Lc,2,43 "0 •. a
discovered such defect. In no event, may any 1860 Indu*i3Circle, Longnidtit CO 80501
action based upon any defect in this survey be I'''. f -.-
certification
commencedmore
seotha y ten
years from the date of Date: 'OHA( S
1.
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File:LGL-1223A.DOC ADP Project: 260-5
A Full Service Land Surveying Company
Boundary • Title • Geodetic • Topographic • Engineering Layout • Subdivision Platting • Environmental
TOWN OF Judy Hegwood _ _
FIRESTONE,COLORADO Town Clerk EXHIBIT A
NOTICE OP RESOLUTION NO.02.34 LEGAL DESCRIPTION
PUBLIC HEARINGS A RESOLUTION FINDING A description of the
BEFORE THE FIRESTONE SUBSTANTIAL COMPLI- SADDLEBACK HILLS
PLANNING COMMISSION ANCE FOR AN ANNEX- LAKE & CONSERVANCY
ON A PROPOSED ATION PETITION FILED #3, LLC ANNEXATION lo-
ZONING OF PROPERTY WITH THE TOWN OF FIRE- cated Inthe NW1/4 of Section
AND STONE, COLORADO, 28 and the NE1/4 of Section
BEFORE THE BOARD KNOWN AS THE ' 29, an in T2N, R67W of the
OF TRUSTEES OF THE SADDLEBACK HILLS eth P.M.,Weld County,Colo-
TOWN OF FIRESTONE LAKE & CONSERVANCY rado. For: BGZ Develop-
ON A PROPOSED #3, LLC ANNEXATION TO ment,LLC.
ANNEXATION AND THE TOWN OF FIRE- LEGAL DESCRIPTION
ZONING OF PROPERTY STONE, AND SETTING A A part of the NW1/4 of Sec-
Notice is hereby given that PUBLIC HEARING lion 28 and all of the NE1/4
the Firestone Planning 'THEREON. of Section 29, all In T2N,
Commission will hold a Pub- WHEREAS, a petition for R67W of the 6th P.M.,County
lie Hearing commencing at annexation of certain prop- of Weld, State of Colorado,
7:30 p.m.,Wednesday,Octo• erty to be known as the being more particularly de-
ber 2,2002, at the Firestone Saddleback Hills Lake & scribed as follows:
Town Hall, 151 Grant Ave- Conservancy#3,.LLC Annex- BEGINNING at the N1/4
nue, Firestone, Colorado ation has been filed with the Corner of said Section 29,
80520. The purpose of the Town Clerk of the Town of from which the Northwest
Public Hearing Is to consider Firestone, Colorado,and re- Corner of said Section 29
a request for zoning of prop- (erred to the Board of bears N89°30'23'W, 2628.73
erty proposed to be annexed Trustees of the Town for a feet I Basis of Bearing),
to the Town and known as the determination of substantial thence 589°42'37'E, 2630.01
Saddleback Hills Lake & compliance with applicable feet along the North Line of
Conservancy#3,LLC Annex- law; and the NE1/4 of said Section 29
ation. The zoning requested WHEREAS, the Board of to the Northeast Corner of
for the Saddleback Hills Trustees wishes to permit sl- said Section 29;
Lake&Conservancy 6'3,LLC multaneous consideration of • Thence N89'32'31'E, 30.00
Annexation is Planned Unit the sublect property for feet along the North Line of
Development, with annexation and zoning,it re- the NW1/4 of said Section 28
Residential-A uses (PUD- quested in the petition;and to the Easterly Right-of-way
RA). WHEREAS, the Board of Line of Weld County Road
Further Notice Is hereby Trustees has reviewed the No. 17;
given that the Board of petition and desires to adopt Thence S00°05'42'W, 2634.11
Trustees of the Town of Fire- by Resolution its findings In feet along the Easterly
stone will hold a Public Hear- regard to the petition. Right-of-way Line of said
Ing commencing at 7:30 NOW, THEREFORE, BE Weld County Road No. 17 to
p.m., Thursday, October 10, IT RESOLVED BY THE the South Line of the NW1/4
2002, at the Firestone Town BOARD OF TRUSTEES OF of said section 28;
Hall,151 Grant Avenue,Fire- THE TOWN OF FIRE- Thence 589°36'15'W, 30.00
stone, Colorado 80520. The STONE,COLORADO: feet along the South Line of
purpose of the Public Hear- Section 1.The petition,the the NW1/4 of said Section 28
log is to determine whether legal description for which is to the E1/4 Corner of said
certain property for which a attached hereto as Exhibit A Section 29;
petition for annexation has and incorporated herein by Thence N89°40'46'W, 2616.48
been filed with the Town,to reference, is In substantial feet along the South Line of
be known as the Saddleback compliance with the ap- the NE1/4 of said Section 29
Hills Lake&Conservancy#3, plicable laws of the State of to the C1/4 Corner of said
LLC Annexation to the Town Colorado. Section 29;
of Firestone, meets the ap- Section 1.No election Is re- Thence N00°11'58'W, 2632.75
plicable requirements of the quired under § 31-12.107(2), feet along the West Line of
statutes of the State of Colo- C.R.S. the NE1/4 of said Section 29
rado and is eligible for Section 3. No additional to the N1'/4 Corner of said
annexation to the.Town,and terms and conditions are to Section 29 and the POINT OF
to determine the zoning for be Imposed except any pro- BEGINNING.
the proposed annexation. vided for in the petition. SUBJECT TO any Rights-of-
The zoning requested for the Section 4. The Board of way for Weld County Road
Saddleback Hills Lake & Trustees will hold a public No.17 and Road No.18.
Conservancy#3,LLC Annex- hearing for the purpose of Area 160.398 acres, more
ation is Planned Unit Devel- determining If the proposed or less. (Area = 154.980
opment, with Residential-A annexation complies with acres, more or less, exciud'
uses(PUD-RA). Sections 31.12-104 and Ing the Right-of-way for Weld
Any person may appear at 31-12-105, C.R.5., and will County Road No. 17 and
the Public Hearings and be hold a public hearing to Road No.18).
heard regarding the matters determine the appropriate
under consideration. The zoning of the sublect prop-
approximate location of the erty,If requested in the peti-
property is the southwest tion, at the Firestone Town
corner of Grant Avenue Hall,151 Grant Avenue,Fire-
(Road 18) and Ingalls Street stone, Colorado 80320, on
(Road 17). The legal Thursday, October 10, 2002,
description of the property at 7:30 P.M.
which is the sublect of the Section 5. Any person may
annexation and zoning re- appear at such hearing and
quest Is shown in Exhibit A present evidence relative to
of the Resolution set forth the proposed annexation, or
below. the proposed zoning if re-
Copies of the zoning ap- quested In the petition.
plitation, annexation pets- Section 6. Upon completion
tion, and related documents of the hearing,the Board of
are on file and available for Trustees will set forth, by
public Inspection in the office resolution, its findings and
of the Town Clerk,151 Grant conclusions with reference to
Avenue, Firestone, Colorado the eligibility of the proposed
80520, during regular bust- annexation,and whether the
ness hours.Set forth below Is statutory requirements for
the -Resolution finding the the proposed annexation
annexation petition is In have been met,and further,
substantial compliance with will determine the appro-
the applicable laws of the prlate zoning of the sublect
Slate of Colorado. property it requested In the
Dated the 30th day of Au- petition.
gust,2001. Section 7. If the Board of
TOWN OF FIRESTONE, Trustees concludes, by
COLORADO resolution,that all statutory
requirements have been met
and that the proposed annex-
ation is proper under the
laws of the State of Colorado,
the Board of Trustees may
pass one or more ordinances
annexing the sublect prop-
erty to the Town of Fire-
stone, and will pass one or
more ordinances zoning the
sublect property if requested
in the petition.
INTRODUCED, READ,
and ADOPTED this 22nd day
of August,2002.
Michael P.Simone
Mayor
ATTEST:
Judy Hegwood
Town Clerk
EXHIBIT A
LEGAL DESCRIPTION
Hello