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HomeMy WebLinkAbout20000119 Annexation Impact Report Shaw Annexations Town of Firestone Weld County Colorado January 2000 pic- @ : PL C-E 5 RAJ, CA, Cat, 50, dk� Ault_ aoco / , a 2000-0119 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 1 sy` s la. .e r c g 1 I. Vw i SH 6611 I 1 i SH 66 I ii rwM•w• 1 m , a 1 1 Well 2s NCR 21 t E �..,_.—........_... ..�.._____ # # I MAId w ou.dy # 1 # a i w. # i}I ii .. I I w i e II IA. _ 1 i Dlrllc, 046 I MICR IO .. '• ) .21MFa AvMlw _._:_..VCR 26.. . .. RL R-L _ � $i18VV • • Fr 4 ^- Annexations .-1 I 4'1 ,. R-L Red Rayl Annexation 5H 119 ! N Flreston.Boulevard 1 NICR 24 R•M ..I R�II +P.•n w R-aa NCR 22 4 It R.M R•L R-L . !°!!v __VCR 2Z R-M RN �.+ u , w w . .. .. Rid a w # I a•, , . i # I vin U. fREDURICR R-L R•L R-L I1 NCR 20 1 ° ' line Coo Avenue VCR 20 I eunr• Aonns•t C R-L I w ' :Or. w PM*• r111111 1". FIRESTONEVCR 76 1 •�. a•t A+ • 1 _ w FREDERICK RN R-L R-- i f w • • n >• r • M a,u ealie llve w I w T•r 1 An. l 2 An• NCR 10 ,_ . ._ ._.._...__..-�_...'F_...._ -......._ Rte PU FREDERICK w 1 # w r .. :_* r i w i # w f i E SH 52 i Irma F{ i ••• — — i VCR u I I. .:.'. I I \.... • ! I .5H52 1 i 3 I ' i . - VCR- 42 ....NCR 12 _S...................... `........_..—_.__...__...__ __�•_— _� _ s= I I w I w I w NCR 1D _ _...—_____. i Ail ! .• NORTH ••! # nr N ..i .. IA .. r I .. . w T r .. n. w .n.,f # f. c ac a c ' w i IN lid n In \ 1 Legend Firestone ■ �,<, Firestone Cemm•rcbll and w•rd•ne•1 Mp.Density • ill MI•=A us. R-M Mra•nt51 r•auw D•nrry Comprehensive Plan IIII °a^#' Map Amendment MINI RL Rur•mr�ew Density OP•i.dlr Aan•unurr/ nranben#•d AG Caro•n•IpN ci•.n..cr, ownaPea Adopted Farmland n.., .;�°-xs� July 22,1999 rmemennen\ na• \ Public nw2 EXHIBIT B t_,_rf_/T G 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 1. • 5 0 10 :: Town-0..: Annexations 'Firestone: WCR 24 Ni Existing.St.:llrain Firestone Boulevard \Sanitation:District r> Existing High Sanitary:Sewer Pressure Central cc Trunk Lane N V � 7 � Weld Water Line •Town of ' .Pirestone 8 9 Note: Gas, Phone and Power generally available Service Utility Map Transportation, Water and Sewer and Other Utilities NORTH Not To Scale 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 Hello