HomeMy WebLinkAbout20010949.tiff TOWN OF MILLIKEN t"'L 9 CO' ` TY
NOTICE OF PUBLIC HEARING ?,.,,, "E' 2 I ni 8. 27
ANNEXATION AND ZONING -
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Notice is hereby given of a public hearing to be held before the Milliken Town Board of Trustees
at 7:00p.m, Wednesday, April 25, 2001, at the Milliken Community Complex, Community
Room, 1101 Broad Street, Milliken, Colorado. The purpose of the public hearing will be to
determine whether certain properties for which annexation petitions have been filed meet the
applicable requirements of the statues of the State of Colorado and are eligible is: Basis of
•
bearings is the east line of the SE 1/4, Section 3, T 4 N, R 67 W, 6th P.M. with all bearings relative
to; A parcel of land located in the SE '/, Section 3, T 4 N, R 67 W, 6`h P.M., County of Weld,
State of Colorado, being more particularly described as follows; Commencing at the East /
corner of the Section 3, T 4 N, R 67 W, 6`h P.M., County of Weld, State of Colorado; Thence
South 02 degrees 13'13" East along the East line of said section 3, a distance of 585.12 feet to
the True Point of Beginning; Thence continuing South 02 degrees 13'13"East along the East
line of said section 3, a distance of 707.87 feet; Thence South 89 degrees 46'28" West, a distance
of 594.14 feet more or less to the Centerline of The Thompson Ditch; Thence along the
centerline of said Thompson Ditch the following 4 courses and distances; North 57 degrees
45'33" West, a distance of 114.92 feet; North 55 degrees 22'05" West, a distance of 131.98 feet;
North 59 degrees 12'13" West, a distance of 56.35 feet; North 50 degrees 49'48" West; a
distance of 80.40 feet; Thence departing said Thompson Ditch,North 10 degrees 18'28" East, as;
distance of 257.74 feet; Thence North 06 degrees 04'49"East, a distance of 239.16 feet; Thence
North 89 degrees 50'06"East, a distance of 811.79 feet to the True Point of Beginning,
containing 13.36 acres more or less.
The public is invited to attend and participate. Additional information is available at the
Milliken Town Hall (Milliken Community Complex), 1101 Broad Street, Milliken, Colorado.
Nanette S. Fornof, CMC
Town Clerk
Published in the Johnstown Breeze, March 22, 29, April 5,12 and 19, 2001.
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2001-0949
TOWN OF MILLIKEN
RESOLUTION NO 01-02
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
MILLIKEN, WELD COUNTY, COLORADO THAT:
1. At the regular meeting of the Board of Trustees on 14`h, of March, 2001,
the Petition for Annexation for Kirby Annexation was submitted to the Board
of Trustees by the Clerk as a communication pursuant to Section 31-12-
107(1)(f),C.R.S. The location of the property described in the petition is set
forth on Exhibit "A" attached hereto and incorporated herein by reference.
2. The Board of Trustees has reviewed the petition and finds that the
requirements set forth in Section 31-12-107(1)(f), C.R.S. have been
substantially complied with.
3. Pursuant to Section 31-12-108(1), C.R.S., the Board of Trustees hereby
sets the date for the hearing on the annexation petition for April 25, 2001 at
7:00 P.M. in the Milliken Community Complex, Milliken Community Room
located at 1101 Broad Street, Milliken, Colorado. Notice of this hearing is to
be published in accordance with Section 31-12-108(2), C.R.S.
4. The purpose of this hearing shall be to determine whether the area
proposed to be annexed meets the applicable requirements of Sections 31-12-
104 and 31-12-105, C.R.S. and is eligible for annexation.
5. At this hearing if the Board of Trustees finds that the statutory
prerequisites for annexation have been met, the Board will hold a public
hearing on the ordinance annexing this property.
This resolution was passed by a vote of in favor and opposed at the meeting of the
Board of Trustees on the 14th day of March, 2000.
TOWN MILLIKEN
•
Ted J. C ez, Mayor • Nan e S. Fornof, To Clerk
PETITION FOR ANNEXATION OF UNINCORPORATED TERRITORY
IN THE COUNTY OF WELD, STATE OF COLORADO
TO THE TOWN OF MILLIKEN, COLORADO
KIRBY ANNEXATION
TO: THE TOWN BOARD OF TRUSTEES OF THE TOWN OF MILLIKEN,
COLORADO
The undersigned landowner, in accordance with the Municipal Annexation Act of
1965, Part 1 , Article 12, Chapter 31 , Colorado Revised Statutes, as amended,
hereby petition the Board of Trustees of the Town of Milliken, Colorado for the
annexation to the Town of Milliken of the following described unincorporated
territory located in the County of Weld, State of Colorado:
For legal description of the proposed annexation
area, see Exhibit A, attached hereto
and incorporated herein by reference.
The perimeter of the proposed annexation area has a distance of 2964 ft., of which
1686 feet are contiguous to the existing town limits of Milliken. This results in a
minimum of 1/6th of the perimeter of the proposed annexation area to be
contiguous with the Town of Milliken (hereinafter referred to as "the Town"). The
proposed annexation area contained approximately 13.78 acres, more or less.
In support of said Petition, Petitioner alleges the following:
1 . The requirements of Section 31-12-104, C.R.S., as amended, exist or have
been met:
a. Not less than one-sixth of the perimeter of the proposed annexation
area is contiguous with the Town of Milliken, Colorado;
b. A community of interest exists between the proposed Annexation
Property and the Town of Milliken, Colorado;
c. The proposed annexation area is urban or will be urbanized in the near
future;
d. The proposed annexation area is integrated, or is capable of being
integrated, with the Town of Milliken, Colorado.
2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have
been met, including the following:
a. In establishing the boundaries of the proposed annexation area, no
land held in identical ownership, whether consisting of one tract or
OCON\56056\306522.02 1
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 landowners;
b. In establishing the boundaries of the proposed annexation area, no
land 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 comprising twenty (20) acres or more which, together with the
buildings and improvements situated thereon, has a valuation for
assessment in excess of $200,000 for ad valorem tax purposes for
the year next preceding in the annexation has been included without
the written consent of the landowners.
c. No annexation proceedings have been commenced for the annexation
of part or all of the proposed annexation area to another municipality;
d. The proposed annexation area would not have the effect of extending
a municipal boundary more than three (3) miles in any direction from
any point of such municipal boundary in any one year; and
e. If any portion of a platted street or alley is to be annexed, the entire
width of said street or alley is included within the proposed annexation
area.
f. The annexation of the property will not result in the detachment of
area from any school district or the attachment of same to another
school district;
g. Annexation by the Town of Milliken of the Property will not have the
effect of, and will not result in, the denial of reasonable access to
landowners, owners of an easement, or owners of a franchise
adjoining a platted street or alley.
h. The area proposed to be annexed is located within the Johnstown
Public School District RE5-J.
3. The signer of this Petition comprises the landowner of 100% of the territory
included in the area proposed to be annexed exclusive of streets, alleys, and
any land owned by the Town.
4. It is desirable and necessary that the proposed annexation area be annexed
to the Town.
5. Petitioner requests a zoning classification of (I-2) Medium Industrial District
for the proposed annexation area.
0C0M56056\306522.02 2
6. Prior to the completion of the annexation of the proposed annexation area,
the Town will have in place a plan for that area, which shall generally
describe the following:
a. Location, character, and extent of streets, subways, bridges,
waterways, water fronts, parkways, playgrounds, squares, parks,
aviation field, other public ways, grounds, open spaces, and public
utilities; and
b. Terminals for water, light, sanitation, transportation, and power to be
provided by the Town; and
c. The proposed land uses for the area.
7. Petitioner anticipates water and sewer services will be obtained from the
Town. Petitioner anticipates obtaining gas and electric services from Public
Service Company and telephone service from Q WEST. All other public
facilities will be addressed between the Petitioners and the Town at the time
of application for development, in accordance with the Town of Milliken
Development Code.
8. The signature and mailing address of the Petitioner appears on the Petition
next to the date such Petitioner signed the petition.
9. The legal description of the land owned by each signor is attached hereto as
an Exhibit and by reference made a part hereof.
10. Accompanying this Petition are fifteen (15) copies of an annexation map of
the proposed annexation area, containing thn following information:
a. Location of ownership tracts and platted lots;
b. A written legal description of the boundaries of the proposed
annexation area;
c. A description and map showing the boundary of the proposed
annexation area and the contiguous boundary of the Town, reflecting
contiguity of the proposed annexation area to the Town and
contiguous boundary of any other;
d. A vicinity map showing proposed annexation area and surrounding
areas within one mile of the proposed annexation area;
e. Location of all existing structures located within the proposed
annexation area; and
OCON\56056\306522.02 3
f. Location of all contiguous section line county road right-of-way and
Colorado State highway right-of-way contained in the proposed
annexation area.
11 . Also accompanying this Petition area:
a. A list of adjacent property owners within 300 feet of the proposed
annexation area, supplied on an 8 '/z " by 11 " mailing sheet; and
b. An application fee of $300.00 for the proposed annexation area plus
$10.00 per acre (14 acres +/-) = $140.00 for a total fee of
$440.00.
12. Petitioner hereby requests that the Town of Milliken approve the annexation
of the proposed annexation area as indicated in this Petition.
OCON GROUP, LL ETITIONER
Jo O'Connor, Manager
ailing address of Petitioner: DATE: February 27, 2001
OCON GROUP, LLC.
7300 MILLER PLACE, SUITE A, P.O. BOX 903
LONGMONT, COLORADO 80504
303-485-6169
STATE OF COLORADO )
ss.
COUNTY OF WELD )
SUBSCRIBED AND SWORN to before me this 27th day of February, 2001;; by John`
O'Connor as Manager of OCON Group, LLC.
Witness my hand and official seal. ≥.• 1\.; °F;
My commission expires: /1fwn'( . S, ZOO .2_ /21- ~1 Oc
Notar ublic
OCON\56056\306522.02 4
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO 1
ss.
COUNTY OF WELD ►
John Wilson, being first duly sworn upon oath, deposes, and says that he was the
circulator of this Petition for Annexation for lands in the Town of Milliken,
Colorado, consisting of ( (•p ) pages, including this page, and including
one attached Exhibit, and that each signature hereon was witnessed by the affiant
and is the signature of the person whose name it purports to be.
CIRCULATOR:
Jtn Wilson
Subscribed and sworn to before me this 27th day of February 2001 , by John
Wilson.
Witness my hand and official seal. `'' -J'''
My commission expires: /ft^c.4j 4s, .Zoo s�
y x
r
Not Public
OCON\56056\306522.02 6
EXHIBIT A
Legal Description of Proposed Annexation
(attached)
Basis of bearings is the east line of the SE 1 /4, Section 3, T 4 N, R 67 W, 6th P.M.
With all bearings relative to;
A parcel of land located in the SE 1 /4, Section 3, T 4 N, R 67 W, 6th P.M., County
of Weld, State of Colorado, being more particularly described as follows;
Commencing at the East 1/4 corner of the Section 3, T 4 N, R 67 W, 6th P.M.,
County of Weld, State of Colorado;
Thence South 02 degrees 13'13" East along the East line of said section 3, a
distance of 585.12 feet to the True Point of Beginning;
Thence continuing South 02 degrees 13'13" East along the East line of said
section 3, a distance of 707.87 feet;
Thence South 89 degrees 46'28" West, a distance of 594.14 feet more or less to
the Centerline of The Thompson Ditch;
Thence along the centerline of said Thompson Ditch the following 4 courses and
distances;
North 57 degrees 45'33" West, a distance of 114.92 feet;
North 55 degrees 22'05" West, a distance of 131 .98 feet;
North 59 degrees 12'13" West, a distance of 56.35 feet;
North 50 degrees 49'48" West; a distance of 80.40 feet;
Thence departing said Thompson Ditch, North 10 degree 18'28" East, a distance
of 257.74 feet;
Thence North 06 degrees 04'49" East, a distance of 239.16 feet;
Thence North 89 degrees 50'06" East, a distance of 811 .79 feet to the True Point
of Beginning, containing 13.36 acres more or less.
OCON\56056\306522.02 5
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April 5, 2001
Town of Milliken
1101 Broad Street, Drawer 290
Milliken, Colorado 80543
Re: Kirby Annexation Impact Report
The Kirby Annexation contains approximately 13.36 acres, more or less, and is
located on Hwy 257 approximately IA mile north of the intersection of Hwy 60 and
Hwy 257. The site is relatively flat with the soil consisting of 2 ft. of topsoil over a
gravelly alluvial material.
The subject property has 12.5 inches of first right contract water out of the Big
Thompson Platte River Ditch, which also makes up the south boundary line.
The subject property is requested to be zoned (1-2) Medium Industrial.
The reasons for zoning are:
1. The developed area, in the vicinity of the site, is largely industrial in character,
which makes the request to an Industrial usage at this site compatible with the
surrounding developments.
2. The requested zoning is consistent with the Master Plan of the Town.
3. The zoning will not result in negative impacts upon the Town or the
surrounding area.
The Town of Milliken has committed to provide municipal services to this area,
however water and sewer will be extended at the developer's expense.
The proposed annexation will have no effect on the School district since it will result
in an increased property valuation without any additional students to impact the
school system.
If you have any questio please feel free to call.
Respectfull ed,
onnor, Manager
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DESIGN/BUILDER
, Associated Construction
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Longmont, CO 80502
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