HomeMy WebLinkAbout20041187.tiff C
FORT <oPlCitp of ort u ton
y ,36 THE"PROUD TO BE"CITY LA CILDAD"ORCULLOSA DE SER" "HOKORI NO"MACHI
P.O. Box 148 County of W4'eld
0L0RA00 130 S. McKinley Avenue (303) 857-6694
Fort Lupton,Colorado 80621 Fax(303)857-0351
Performance,Integrity,Teamwork
Accountability and Service
April 2, 2004
TO: WELD COUNTY BOARD OF COUNTY COMMISSIONERS
WELD COUNTY ATTORNEY
WELD COUNTY SCHOOL DISTRICT RE-8
NORTHERN COLORADO WATER CONSERVANCY DISTRICT
CENTRAL COLORADO WATER CONSERVANCY DISTRICT
AIMS COMMUNITY COLLEGE
WELD COUNTY LIBRARY
FORT LUPTON FIRE PROTECTION DISTRICT
SUBJECT: NOTICE OF ANNEXATION PROCEEDINGS
TO ALL PERSONS INTERESTED:
To comply with the provisions of Section 31-12-108(2) C.RS. as amended by Senate Bill
No. 45 (5/28/87) please find enclosed a copy of the published notice, together with a
copy of the resolution and petition concerning a proposed annexation to the City of Fort
Lupton.
FOR THE COUNCIL OF THE CITY OF FORT LUPTON
FORT LUPTON, COLORADO
Brian Grubb, City Planner
h.vrictc L,' D
oy- 792004-1187
CO Cy 0I ✓(
CITY OF FORT LUPTON NOTICE
OF PUBLIC HEARINGS
Public hearings have been scheduled
for Tuesday, March 23, 2004 at 7:00
p.m. with the Fort Lupton Planning
Commission and Wednesday April 28.
2004 with the Fort Lupton City Council.
The purpose of the public hearings is to
consider a request for Annexation and
Zoning to PUD (Planned Unit
Development)for land known at the El
Paso Tech Park.The parcel consists of
approximately 73.5 acres located east -_
and adjacent to the City Limits and
south of Barley Avenue.The property Is
legally described as part of the East.[]
of Section 34,Township2 North,Range
66 West of the 6th P.M.,Weld County,
Colorado.The hearings for annexation
will be for the purposes of determining
whether the area proposed to be
annexed meets the applicable
requirements of Section 31-12-104 and
31-12-105 C.R.S.The public hearings
will be held at City Hall,130 S.McKinley
Street in Fort Lupton. For additional
information contact the City Planner at
303-857-6694 ext. 125.
Published in the Fort Lupton Press
March 6, 13,20,and 27,2004.
RESOLUTION NO. 2004-005
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING
ANNEXATION PROCEEDINGS FOR THE EL PASO TECH PARK
ANNEXATION AND SETTING A PUBLIC HEARING.
WHEREAS,the Fort Lupton City Council has reviewed the annexation petition
submitted for a 73.5±acre parcel known as the El Paso Tech Park 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.
Nhereby approves
THEREFORE BE IT RESOLVED that the Fort Lupton City Council
pproves Resolution 2004-005 initiating annexation proceedings for the El Paso
Tech Park Annexation and sets the hearing date for April 28, 2004 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
10TR DAY OF MARCH 2004.
City of Fort Lupton, Colorado
sethezdesiugticezaksac
S. David Norcross, Mayor
Approved as to form: Attest:
T. William Wallace
Barbara Rodgers, City Clerk
AM 2004-029
,.. k5/05 TUE 14:52 FAX 5038066178 PHD
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, description the legal of which is attached hereto as Exhibit A and incorporated
ik referen , ed in the County of Weld and the State of Colorado, and to be 'mown as the
Annexation to the City of Port 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 conlisting 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
included within the area proposed to be annexed without the annexation, has be of
the landowner or landowners. written consent of
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.
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44/15/05 TUE 14:51 FAX 3038055178 PHD
Qum
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 p
•
petition. preceding the filing of this
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
not have the effect the boundary of the City of Fort Lupton more thanof
y
direction from any point of the boundary three in a iy one
yew of the City of Fort Lupton in any one
k. The tenitory to be annexed is `� .5p 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 bridges, waterways, waterfronts,parkways,playgrounds, squ savwayn
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 alloy is to be annexed, the en
tire wid th of the street or alley has
been included within the area annexed, and reasonableccess 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 pf 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 fine 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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44/15/09 TUE 14:51 FAX 9098055178 PHD [Moos
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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 paean
responsible for preparing the master plan.
d. Existing and proposed easements and rights-of-way,
c. Block numbers and lot numbers with approximate dimensions.
f. Proposed gross and net residential density.
g. Existing watercourse 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 owner: 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 %)mile radius, at a minimum scale of one
(1)inch represents two thousand(2,000)feet.
1. 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, 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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04/15/03 TUE 14:50 FAX 3038055178 PHD 1004
8. The zoning ification requested for the area proposed to be annexed is
I, E�Qw,o� Yat-YN, 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(s1) 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+ 44 ao
is tendered
herewith. •
•
•
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04/15/03 TUE 14:50 FAX 3038055178 PHD 1003
PORE,the undersigned respectfully petition(s) the City Council of the City of Fort Lupton,
to anti- the territory described and referred to in Exhibit A to the City of Fort Lupton in
ce with and pursuant to the statutes of the State of Colorado. r /
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. 04/15/03 TUB 14:50 FAIL 3038055178 PHD aoE
Land Owners)Names(s)and Signatures] Mailing ,pie Date of Sign
The foregoing signature®was/were subscribed and sworn to before me this AO day of
�Tvnt? ,2003,by `,e c- //cS(2,ona
Witness my band and official sseeai.
klY�mmission tires on / —��— ZDe)Ctonar
4 N. col
Notary Public
Land Owned w Wks 7/174815
If necessary, attach separate sheet.
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