HomeMy WebLinkAbout20000119 Annexation Impact Report
Shaw Annexations
Town of Firestone
Weld County
Colorado
January 2000
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Shaw
Annexations
To the Town of Firestone
Weld County, Colorado
I. Project Description
The location of the proposed Shaw Annexations are shown on Exhibit A.
The area to be annexed includes approximately 134.861 acres of
predominately vacant land and road right-of-way in unincorporated Weld
County.
In conjunction with the proposed annexations, the zoning for the subject
property is proposed to change from Weld County agricultural to Town of
Firestone Planned Unit Development with residential land uses. The Town
Board will review the annexation, zoning and development proposals in
relation to the Town's current land use and development policies and
intergovernmental agreements. A referral relative to the land use for the
property has also been sent to various Weld County departments for
comments. The general relationship between the property and the
Firestone Comprehensive Plan Map is shown on Exhibit B. The proposed
Outline Development Plan for the annexation is shown as Exhibit C.
II. Municipal Services
Municipal services for Shaw Annexations will be provided in the following
manner at the time of development of the Property:
Electricity United Power or Public Service Company
Natural Gas K-N Energy and/or Public Service Company
Telephone US West
Water Town of Firestone
Sewer St. Vrain Sanitation District
Fire Mountain View Fire Protection District
Police Firestone Police Department
Street Maintenance Town of Firestone
Financing for the extension of and/or the improvement of the municipal
services will primarily be the responsibility of the property owner/developer,
through appropriate agreements and financing and completion guarantees.
Prepared
December 23, 1999 1
Additional funding for provision of municipal services provided by the Town
will be financed through impact fees, taxes, charges and/or special
improvement districts, if necessary.
The approximate location of existing or planned locations of transportation
facilities, water and sewer facilities and other known utilities are shown as
Exhibit D. Access to the property will have to comply to the Town's
Access Code and Ordinance.
III. Special Districts
A. The area proposed to be annexed is within or will be included the
following districts:
• Weld Library District
• Platteville School District
• Northern Colorado Water Conservancy District
• Mountain View Fire Protection District
• St. Vrain Sanitation District
B. The area to be annexed will petition for inclusion into other special
districts, as appropriate.
IV. School District Impact
A referral has been sent to the Platteville School District (RE-1). If the
annexation yeilds approximately 250 single family residential dwelling
units, the number of elementary, middle and high school students is
estimated to be 88, 35, and 43, respectively.
V. Annexation Agreement
Although all the details of an annexation agreement between the Town and
the applicant have not been negotiated, the Town of Firestone's standard
annexation agreement is attached as Exhibit E.
VI. Intergovernmental Agreement With Weld County
The Interim Coordinated Planning Agreement Between the Town of
Firestone, Weld County, et al. is incorporated herein by reference.
Prepared
December 23, 1999 2
VII. Exhibits
A. Annexation Map
This map shows the contiguity of the Shaw Annexations as well as
proposed boundaries.
B. Vicinity Map (on Firestone Comprehensive Plan Map)
This map shows the general location of the proposed Annexation.
C. Proposed Outline Development Plan
Development Master Plan.
D. Proposed Utility Service Map
Proposed services to the property.
E. Annexation Agreement
Firestone's Base Annexation Agreement.
Prepared
December 23, 1999 3
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EXHIBIT B
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Outline Development Plan
SHAW ANNEXATION
Town of Firestone
County of Weld
State of Colorado
Owner/Applicant: Consultants:
Gregory N. Shaw Grant & Grant, LLP
11298 Weld County Road #17 436 Coffman Street, Suite 200
Longmont, Colorado 80504 P.O. Box 908
H (970) 785-0701 Longmont, Colorado 80502-0908
M (303) 517-2332 W(303) 776-3100
F (303) 774-2349
Contact: Edward R. Gorab
Albers, Drexel and Pohly, Inc.
320 &1/2 Main Street
Longmont, Colorado 80502-1438
W(303) 682-1131
F (303) 682-1131
Contact: Frank Drexel
Property Ownership Information:
Please see Title Commitment attached as Exhibit A
Legal Description:
All of Lot B, Recorded Exemption No. 1311-04-3-RE1737, A recorded Exemption Located in
the SW1/4 of Section 4, T2N, R67W of the 6th P.M., Weld County, Colorado, According to the
Plat Recorded as Reception No. 2442611 of the Records of Weld County, Colorado.
Project Concept:
The Applicant wishes to utilize the flexibility provided by the PUD zone to develop a unique
residential area with innovative lot sizing, design, and siting. It is the Applicant's hope that
unique lot design, a variation of density throughout the project, landscaping design and a
generous amount of open space will preserve the rural character of the area.
Regional Impact:
The Property is located within Firestone's urban growth boundary, and will be urbanized in the
near future. The Applicant is requesting medium-density, residential land use for the project.
The development of the Property for this land use is consistent with the Town's comprehensive
plan. While any change in land use necessarily effects the surrounding area, this project will be
developed in a manner that is consistent with all applicable state and local rules and regulations
in an effort to minimize adverse impact on the neighboring properties.
SERVER'\DATAThents S Shawg ODP text doc 1
Environmental Information:
The Applicant is unaware of significant environmental issues on the property. A detailed
environmental study for the project will be submitted with the Final Development Plan.
Utilities:
Water: Central Weld County Water District
Sewer: Saint Vrain Sanitation District (Applicant will petition for inclusion in the District
upon approval of the annexation and zoning).
Gas: Kinder Morgan (KN Energy)
Electric: United Power
Major infrastructure improvements will be the responsibility of the Developer. However, the
Developer will be permitted to recover the costs of any oversized improvements and/or
improvements designed to benefit adjacent developments or landowners.
Service Requirements:
Police Protection: Town of Firestone
Fire Protection: Mountain View Fire Protection District
Ambulance Service: Tri-Area Ambulance Service (Applicant will petition for inclusion in the
Ambulance District upon approval of annexation and zoning).
Schools: Gillcrest RE-1 School District/Weld County
Circulation Systems:
Internal circulation systems will be shown on the Final Development Plan. The Applicant will
consult with a traffic engineer and the Town to determine the most appropriate locations and
number of access points for the development. It is currently anticipated that at least one access
point will be located on each of County Roads 17 and 24. Approximate proposed access
locations are shown on the ODP map.
Land Use and Zoning:
The existing land use and zoning are agricultural, with one single family residence. It is
anticipated that the single family residence will remain on the Property, and that the agricultural
uses will continue for some time after approval of annexation and zoning, but will decrease as
development of the Property proceeds. Adjoining land uses are single family and agricultural.
The proposed land use on the project is Residential, including single family units and all
customary accessory uses, and open space.
Density:
The Applicant requests approval of a gross density of 3.2 units per acre, in accordance with the
Town Code and Regulations for medium density residential use. The density will likely be varied
throughout the project in order to minimize impact on the surrounding properties.
Building Height:
The maximum building height shall be thirty eight feet, in accordance with the Town Code and
Regulations.
\\SERVERI\DATA\Clicnts\S\SM1owg\ODP text doc 2
Land Use Table:
Land Use Acreage Density Density Units %
Residential 98.015 4 du/acre (net) 392 80 %
Open Space 24.504 na na 20 %
Totals 122.519 3.2 du/acre (gross) 392 100 %
Development Schedule:
It is anticipated that the development of the project will begin within the next twelve to eighteen
months. Project phasing and total build-out will be govemed by the Town's capacity and market
conditions.
Park Development:
Parks and open space within the project will consist of a mixture of land dedicated to the Town
as well as privately owned and maintained areas. Specific locations and sizes shall be set forth in
the Final Development Plan.
Private Maintenance and Enforcements:
In addition to the Town's rules and regulations, the Applicant anticipates the creation of a
Homeowners Association, with its attendant covenants and regulations.
Approved by the Planning Commission of the Town of Firestone, Colorado, this
day of , 2000.
Chairman Secretary
Approved by the Town Board of Trustees of the Town of Firestone, Colorado, this
day of , 2000.
Mayor ATTEST: Town Clerk
\\SERVER]\DATA\Clients\S\Shawg\ODP text doc 3
EXHIBIT A
FIRST AMERICAN TITLE INSURANCE COMPANY
OWNER'S POLICY
SCHEDULE A
dm-TW1363-06/09/97 15:51:20
Order No. KC18570897 , Policy No. J201850
Amount of Insurance $287, 800. 00 Premium $922 . 00
Date of Policy: May 5, 1997 at 8:00 A.M.
1. Name of Insured:
Gregory N. Shaw
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
Gregory N. Shaw
4. The land referred to in this policy is described as follows:
Lot B, Recorded Exemption No. 1311-04-3-R51737, recorded June 15, 1995 in Book
1497 at Reception No. 2442611, being a portion of the Southwest Quarter of
Section 4, Township 2 North, Range 67 West of the 6th P.M. ,
County of Weld,
State of Colorado.
UTCOOPI
FT 'T AMERICAN TITLE INSURANCE COMP Y Fi°i KCls57o997
r,
SCHEDULE B
•
maser No. KC18570B97
Policy No. J201850
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
1. Taxes and Assessments not certified to the Treasurer's Office.
2. Any facts, rights, interests or claims which are not shown by the public records but
which could be ascertained by an inspection of the land or by making inquiry of
persons in possession thereof.
3 . Easements, or claims of easements, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any
facts which a correct survey and inspection of the land would disclose, and which are
not shown by the public records.
5. Any lien, or right to a lien, for services, labor or material heretofore or hereafter
furnished, imposed by law and not shown by the public records.
6. All taxes and -assessments for the year 1997- and subsequent years, a lien, but
not yet due or payable.
Rights of way for county roads 30 feet on either side of Section and Township
lines, as established by the Board of County Commissioners for Weld County,
recorded October 14, 1889 in Book 86 at Page 273 .
8. The right of proprietor of a vein or lode to extract or remove his ore should
the same be found to penetrate or intersect the premises thereby granted as
reserved in United States patent recorded in Book 132 at Page 75; and any and
all assignments thereof or interest therein.
9 . An Oil and Gas Lease, from A. C. Sheley as Lessor (s) to Martin J. Freedman as
Lessee (s) dated April 25, 1970, recorded May 26, 1970 in Book 626 at
Reception No. 1548044, and any and all assignments thereof or interests
therein.
10 . An easement for an electric transmission and/or distribution line or system
and incidental purposed granted to Union Rural Electric Association by the
instrument recorded November 9, 1979 in Book 887 at Reception No. 1808854 .
11. An undivided 1/2 interest in all oil, gas and other minerals as reserved by
Estate of A. C. Sheley in Personal Representative's Deed recorded July 7, 1980
in Book 907 at Reception No. 1829329, and any and all assignments thereof or
interests therein.
12 . Terms, conditions, provisions, agreements and obligations specified under the
Right of Way Agreement by and between Kenneth D. Ibsen, et al and Colorado
Interstate Gas Company recorded April 15, 1982 in Book 965 at Reception No.
-Continued-
- _ Re 4 KCISS70B97
SC? DIILE B continued 0
Order No. KC18570B97 Policy No. J201850
1888794 .
13 . Terms, conditions, provisions, agreements and obligations specified under the
Right of Way Agreement by and between Kenneth Ibsen, et al and Gale W. Hodgkin
and Jean Joann Hodgkin recorded November 24, 1986 in Book 1136 at Reception
No. 2078192 .
14. Easements, notes and restriction as contained on Exemption Survey recorded
June 15, 1995 on Film 1497 as Reception No. 2442611.
NOTE: The following notices pursuant to CRS 9-1. 5-103 concerning underground
facilities have been filed with the Clerk and Recorder. These statements are
general and do not necessarily give notice of underground facilities within
the subject property.
(a) Panhandle Eastern Pipe Line Company, recorded October 1, 1981 in Book 1117
at Reception No. 2058722 .
(b) Union Rural Electric Association, Inc. , recorded January 24, 1991 in Book
1288 at Reception No. 2239296.
15. Deed of Trust from Gregory N. Shaw, to the Public Trustee of Weld County, for
the benefit of The First Security Bank, securing an original principal
indebtedness of $287, 800.00, and any other amounts and/or obli ' ns dated
April 28, 1997, recorded May 1, 1997 in Book 1603 at Reception No. 254571 .
16.. '.Deed of Trust from Virginia N. Shaw, to the Public Trustee of Weld County, for
the benefit of The First Security Bank, securing an original principal
indebtedness of $287, 800. 00, and any other amounts and/or obligations dated
April 28, 1997, recorded May 1, 1997 in Book 1603 atctecaption No. 254S713.J)
.
6 5 4
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:: Town-0..: Annexations
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Note:
Gas, Phone and Power generally available
Service Utility Map
Transportation, Water and Sewer
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NORTH
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Schematic:All Locations
Approximate
Exhibit D
EXHioiT F
ANNEXATION AGREEMENT
THIS AGREEMENT is made and entered into this day of
, 19 , by and between
hereinafter referred to as or "Owner, " and
the TOWN OF FIRESTONE, a municipal corporation of the State of
Colorado, hereinafter referred to as "Firestone" or "Town" .
WITNESSETH:
WHEREAS, the Owner desires to annex to Firestone the property
more particularly described on Exhibit "A, " which is attached
hereto, incorporated herein, and made a part hereof (such property
is hereinafter referred to as "the property" ) ; and
WHEREAS, Owner has executed a petition to annex the property,
a copy of which petition is attached hereto as Exhibit "B, " and
incorporated herein and made a part hereof; and
WHEREAS, it is to the mutual benefit of the parties hereto to
enter into the following Agreement; and
WHEREAS, Owner acknowledges that upon annexation, the property
will be subject to all ordinances, resolutions, and other
regulations of the Town of Firestone, as they may be amended from
time to time.
WHEREAS, Owner acknowledges that the need for conveyances and
dedication of certain property, including but not limited to
property for ways and easements to Firestone as contemplated in
this Agreement, are directly related to and generated by
development intended to occur within the property and that no
taking thereby will occur requiring any compensation.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE PREMISES AND THE
COVENANTS AS HEREINAFTER SET FORTH, IT IS AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1 . Owner agrees to execute, promptly upon request of
Firestone, any and all surveys and other documents necessary to
effect the annexation of the property and the other provisions of
this Agreement . Owner agrees to not sign any other petition for
annexation of the property or any petition for an annexation
election relating to the property, except upon request of
Firestone.
1
2 . Owner agrees to provide legal documents, surveys .
engineer
ing
_.^.a work, newspaper publication, maps, and reports
determined by Firestone to be necessary to accomplish t:he
annexation, and agrees to pay Firestone an annexation fee in the
amount of Dollars ($ ) plus
Dollars ($ ) per acre annexed.
3 . Firestone shall act upon Exhibit "B" within six months of
the date of filing thereof with the Town Clerk, unless Owner
consents to later action.
4 . The parties recognize that it is the intent and desire of
Owner to develop the property in a manner generally consistent with
the zoning requested and that the granting of such zoning by the
Town of Firestone is a condition to annexation of the property.
Owner shall take all action necessary to permit zoning by Firestone
of the annexed property within the time prescribed by state
statutes .
5 . Owner agrees to dedicate by General Warranty Deed or
appropriate instrument of conveyance acceptable to the Town, eight
percent of the territory to be annexed for public open space or pay
an equivalent fee in lieu of dedication, easements and rights-of-
way for streets and other public ways and for other public
purposes, as required by Town ordinances and resolutions. Such
dedications shall occur immediately upon request of the Town except
that internal rights-of-way shall be dedicated at the time of
subdivision platting, unless the Town specifies another time.
6 . Owner agrees to design, improve, and provide signage,
lighting, and signalization for, all public streets and other
public ways within or adjacent to the property in accordance with
Town ordinances and resolutions and other applicable standards,
subject to any reimbursement which may be provided for in such
ordinances, resolutions, and standards, and to make such other
improvements as required by Town ordinances and resolutions, to
guarantee construction of all required improvements, and, if
requested by Firestone, to dedicate to Firestone any or all other
required improvements. If requested by Firestone, Owner agrees to
enter into an agreement pertaining to such improvements and other
matters prior to any development of the property.
7. If requested by Firestone, Owner agrees to include the
property in one or more special improvement districts or other
mechanisms established by Firestone for making improvements to
streets and other public ways, or for making other public
improvements authorized by law, and Owner hereby appoints the Town
Clerk of Firestone as Owner' s attorney-in-fact for the purpose of
executing all documents determined by Firestone to be necessary for
such inclusion. If requested by Owner, Firestone agrees to
consider the establishment of one or more special improvement
districts for making such improvements .
2
3 . Owner agrees that the design, improvement , construction,
development, and use of the property shall be in conformance with,
and that Owner shall comply with, all Town ordinances and
resolutions including, without limitation, ordinances and
resolutions pertaining to annexation, subdivision, zoning, storm
drainage, utilities, and flood control .
9 . Nothing contained in this Agreement shall constitute or
be interpreted as a repeal of the Town' s ordinances or resolutions,
or as a waiver of the Town' s legislative, governmental, or police
powers to promote and protect the health, safety, and welfare of
the Town and its inhabitants; nor shall this Agreement prohibit the
enactment or increase by the Town of any tax or fee.
10 . No right or remedy of disconnection of the property from
the Town shall accrue from this Agreement, other than that provided
by applicable state laws . In the event the property or any portion
thereof is disconnected at Owner' s request, Firestone shall have no
obligation to serve the disconnected property or portion thereof
and this Agreement shall be void and of no further force and effect
as to such property or portion thereof .
11 . The parties agree that if any part, term, portion, or
provision of this Agreement is held by a court of competent
jurisdiction to be illegal or in conflict with any law of the State
of Colorado, the validity of the remaining parts, terms, portions,
or provisions shall not be affected, and the rights and obligations
of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, portion, or provision
held to be invalid.
12 . Firestone agrees to make available to the property all of
the usual municipal services in accordance with the ordinances and
policies of the Town which services include, but are not limited
to, police protection and water and [sewer services] . Owner
acknowledges that Town services do not include, as of the date of
the execution of this Agreement, [fire protection or emergency
medical services, other services] , but the property is presently
included within the boundaries of and is entitled to receive such
services from the Fire Protection District .
13 . Owner, as a prerequisite to annexation, agrees to furnish
and deliver ownership to the Town the minimum water rights as
required under Section of the Firestone Municipal
Code . Owner represents to the Town that the Northern Colorado
Water Conservancy District water shares or other water shares
acceptable to the Town listed on Exhibit "C" , attached hereto and
incorporated herein by this reference, constitute all of the water
rights appurtenant to the Subject Property. In accordance with
Section of the Firestone Municipal Code, Owner has
3
offered to sell to the Town a: current fair market value all such
appurtenant water rights remaining after furnishing the Town with
the minimum water rights recuired by said section .
14 . [Leave blank for special provisions. ]
15 . The parties agree that they will cooperate with one
another in accomplishing the terms, conditions , and provisions of
the Agreement , and will execute such additional documents as
necessary to effectuate the same .
16 . This Agreement may be amended by the Town and any Owner
without the consent of any other Owner as long as such amendment
affects only that Owner' s portion of the property. Such amendments
shall be in writing, shall be recorded with the County Clerk of
Weld County, Colorado, shall be covenants running with the land,
and shall be binding upon all persons or entities having an
interest in the property subject to the amendment unless otherwise
specified in the amendment . Except as otherwise provided herein,
this Agreement shall not be amended unless approved in writing by
all parties hereto.
17 . This Agreement embodies the entire agreement of the
parties. There are no promises, terms, conditions, or obligations
other than those contained herein; and this Agreement supersedes
all previous communications, representations, or agreements, either
verbal or written, between the parties .
18 . Owner agrees to indemnify and hold harmless the Town and
the Town' s officers, employees, agents, and contractors, from and
against all liability, claims, and demands, including attorneys'
fees and court costs, which arise out of or are in any manner
connected with the annexation of the property, or with any other
annexation or other action determined necessary or desirable by the
Town in order to effectuate the annexation of the property, or
which are in any manner connected with Firestone' s enforcement of
this Agreement . Owner further agrees to investigate, handle,
respond to, and to provide defense for and defend against or at the
Town' s option to pay the attorneys' fees for defense counsel of the
Town' s choice for, any such liability, claims, or demands.
19 . As used in this Agreement, the term "Owner" shall include
any of the heirs, transferees, successors, or assigns of Owner, and
all such parties shall have the right to enforce this Agreement,
and shall be subject to the terms of this Agreement, as if they
were the original parties thereto.
20 . As used in this Agreement, unless otherwise specifically
provided herein, any reference to any provision of any Town
ordinance, resolution, or policy is intended to refer to any
4
subsequent amendments or revisions to such ordinance, resolution,
or :olicy, and the parties acree that such amendments or revisions
shall be binding upon Owner .
21 . This Agreement snall be binding upon and inure to the
benefit of the heirs, transferees, successors, and assigns hereof,
and shall constitute covenants running with the land. This
Agreement shall be recorded with the County Clerk of Weld County,
Colorado, at Owner' s expense . Subject to the conditions precedent
herein, this Agreement may be enforced in any court of competent
jurisdiction.
22 . This Agreement shall be null and void if the Town fails
to approve the annexation of the property.
23 . The Owner acknowledges that the annexation and zoning of
the property are subject tc the legislative discretion of the Board
of Trustees of the Town of Firestone . No assurances of annexation
or zoning have been made or relied upon by Owner. In the event
that, in the exercise of its legislative discretion, any action
with respect to the property herein contemplated is not taken, then
the sole and exclusive remedy for the breach hereof accompanied by
the exercise of such discretion shall be the withdrawal of the
petition for annexation by the Owner, or disconnection from the
Town in accordance with state law, as may be appropriate .
OWNER
By:
By:
TOWN OF FIRESTONE
By:
Rick Patterson, Mayor
ATTEST:
Trudy Peterson, Town Clerk
5
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss
COUNTY OF
The above and foregoing signature of
was subscribed and sworn to before me this day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
ACKNOWLEDGEMENT
STATE OF COLORADO
) ss
COUNTY OF
The above and foregoing signature of
was subscribed and sworn to before me this day of
, 19
Witness my hand and official seal .
My commission expires on:
(SEAL)
032896/1231[sar]c:fireston\forma\annex.agm
6
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