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Home My WebLink About20001879 of FORT c ~'°# ettp of fort luptorn c! -,P.O. BOX 148 COUNT' OF WELD 130 S. McKINLEY AVENUE FT, LUPTON, Co 80621 (30 -) 35i-6E94 e r/W i4 g k7,nesmoggal &ea To: Vicky Sprague, Clerk of the Boardof County Commissioners N From: Barb Rodgers, City Clerk - Date: 7/28/00 Re: Petition for annexation Un July 26,2000 the Fort Lupton City Council approved Resolution 2000-030 initiating annexation proceedings for Appel Farm Estates. This Resolution has established public hearing dates for the annexation request in accordance with the Colorado Municipal Annexation Act of 1965. A signed copy"I the resolution will follow shortly. I� �j;�� 2000-1879 1 Ws Cti \'P „I .) !/i eliZef,,r ) t%�(? t C= 1, {% ;i 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, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the APPEL FARM Es rArE S Annexation to the City of Fort 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 consisting 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 yea:next preceding the annexation, has been included within the area proposed to be annexed without the written consent of the landowner or landowners. 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. h. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Fort Lupton was held within the twelve months preceding the filing of this petition. 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 will not have the effect of extending the boundary of the City of Fort Lupton more than three miles in any direction from any point of the boundary of the City of Fort Lupton in any one year. k. The territory to be annexed is 80.24 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 streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation 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. m. In establishing the boundary of the area proposed 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 annexed, and reasonable access 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 pubic 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 preseitation of this petition to the Fort Lupton City Council, a minimum of fifteen(a 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: �} 2 C§^/ 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 person responsibl aring the annexation map. \i/ C The legal description. e. Dist'.mc ion o t e 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. h. Existing and requested zoning and acreage of each requested zone. i. Ownership of all parcels vv$hin and adjacent to the annexation. ak Q. ppiropriate 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 r 5 opies 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 person responsible for preparing the master plan. d. Existing and proposed easements and rights-of-way. e. Block numbers and lot numbers with approximate dimensions. f. Proposed gross and net residential density. g. Existing watercourses with adequate easements for flood control. h. Designation of all public sites to be reserved and dedicated. i. Existing two-foot contours . (ii p rp apriate certification blocks as directed by the Planning Departmenj 6. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City Council, a minimum of fiv:a'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. 6aMailing addresses of all property owners within three hundred (300) feet of the annexation. Affidavit concerning the amount and historical use of all water rights ov ned. e. Vicinity map with one and one-half(1 1/2) mile radius, at a minimum scale of one (1) inch represents two thousand (2,000) feet. 10 Statement on community need for proposed annexation and zoning. 3 Cg. I For all annexations in excess often(10) acres, the applicant shall obtain from t` 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. 8. The zoning classification requested for the area proposed to be annexed is _AIL_. ,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 subdistrict 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(s) 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 landowner s(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 /48144 is tendered herewith. 300.00 rezone 1/ 781.44 1 THEREFORE, the undersigned respectfully petition(s)the City Council of the City of Fort Lupton, to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance with and pursuant to the statutes of the State of Colorado. Land Owneri rne(s) and Signature(s) Mailing Address Date of Si ning 770,rox C4'7..E,e7OZZ f//,Q0 FI<'A A" Co jo//�. ' ' / a/ *el 5 1 CITY OF FORT LUPTON of F0RT_ 4C "to CITY COUNCIL `' tea= 36 Phil Jensen,Mayor Ken Clark.Ward 3 John Newton,Ward 3 C0l OEM/ David Norcross,Ward 2 Gary Mittel,Ward 2 performance,inre r r y,Teamwork, Larry Weber,Ward1 Jim Dominguez,Ward 1 Accounrabuity and Service AM 2000-088 APPROVE RESOLUTION 2000-030 ACCEPTING A PETITION FROM ROLLIE PURIFOY AND TOM MARTINO FOR THE APPEL FARMS ANNEXATION REQUEST AND TO SET A PUBLIC HEARING . I. Agenda Date: Council Workshop — July 19, 2000 Council Meeting - July 26, 2000 II. Attachments: a. Resolution 2000-030 b. Annexation Petition c. Annexation Map III. Summary Statement: Mr. Rollie Puritoy and Mr. Tom Martino have submitted a petition for annexation to the City of Fort Lupton for an 80 acre parcel south of State Highway 52 and east of the Shortiine Ditch. The development is known as Appel Farm Estates. This AM and resolution is only to accept the annexation petition and initiate the annexation proceedings which include review by .staff,, referral agencies including Weld County and public hearings in front of Planning Commission and City Council. Approval of this AM and Resolution does not mean approval of the annexation request. IV. Fiscal Note: kS De-7 Af E b \t\) TL)CZ Finance=Department Use Only 1 \Dal 9 .2\t--- Alan Ruge, Finance Director V. Submitted by: _ Pa�7 Rayl, City VI. Approved for Presentation: _ A. — Brian Funderburk, City Administrator VII. ' Itt1F[ �Z9nnoU3quntaeiJ A{IptovaF '6t_`°' a :,,i t/a O o Barbara Tkodgers, City Clerk Date 0 CITY OF FORT LUPTON AM 2000-088 CITY COUNCIL (Continued) VIII. Detail of Issue/Request: Mr. Rollie Purifoy and Mr. Tom Martino have submitted an annexation petition to the City of Fort Lupton. They are requesting annexation of an 80-acre parcel located south of Highway 52 and east of the Shortline Ditch. The Master Plan submitted for the 80-acre parcel calls for residential development of 134 single-family lots. The applicants are requesting R-1 zoning. The project is known as Appel Farm Estates. The applicants are currently in the process of petitioning the Northern Colorado Water Conservancy District for inclusion into the District and the Municipal Sub-District. All required information has been submitted with the annexation petition and the project is ready to move forward with formal review of the annexation request and Annexation Agreement by staff, Planning Commission and ultimately the City Council. The Fort Lupton Municipal Code requires the City Council to set hearing dates for the annexation request. If Council decides to approve the resolution accepting the annexation petition on July' 26`h the first possible hearing date for Planning Commission to consider the request would be August 22. This would allow the City to meet its requirement of notifying the County Commissioners and County Attorney of the annexation proceedings 25 days before the public hearing. The City Council public hearing could then be set for September 13. IX. Legal/Political Considerations: In Chapter 15, Section 15-3 (2) of the Fort Lupton Municipal Code it states that after the annexation petition and all required supportive information has been submitted to the Planning Department the annexation petition and a resolution initiating annexation procedures shall be presented to the City Council. This is the first step in the annexation process and will establish a timeline for public hearings on this annexation request. X. Alternatives/Options: The City Council has three options available to them. Those options are as follows: 1. Approve the resolution accepting the annexation petition and initiating the annexation proceedings. 2. Reject the annexation petition at which time the annexation -equest will not move forward. 3. Delay action on the resolution to gather more information on the project or impacts to the City. XI. Financial Considerations: All public improvements required with this annexation and developme It will be noted in the Annexation Agreement that will be presented to the Council at the cublic hearing for this request. If the City Council approves the resolution accepting the annexation petition, staff will begin working with the applicants to identify projects and costs associated with the required public improvements. These final projects will be part of the Annexation Agreement that must be approved by the City Council and agreed to by the applicant. S XII. Staff Recommendation: Approve AM 2000-088 and Resolution 2000-030 accepting the annexation petition and initiating the annexation proceedings for Appel Farms. 3 RESOLUTION NO. 2000-030 A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING ANNEXATION PROCEEDINGS FOR APPEL FARM ESTATES AND SETTING A PUBLIC HEARING. WHEREAS, the Fort Lupton City Council has reviewed the annexation petition submitted for an 80 acre parcel known as Appel Farm Estates, and WHEREAS, the Fort Lupton City Council finds the annexation petition to be complete, and WHEREAS, the City Council has directed staff to begin the annexation proceedings and has set a public hearing date for consideration of the annexation request, and WHEREAS, those set public hearing dates will be on Tuesday, August 22, 2000 with the Fort Lupton Planning Commission and on Wednesday, September 13, 2000 with the Fort Lupton City Council. NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council hereby approves Resolution 2000-030 initiating annexation proceedings for Appel Farm Estates. APPROVED AND ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS 26`l DAY OF JULY 2000. City of Fort Lupton, Colorado Phil Jensen, Mayor Approved as to form: Attest: C. William Wall ace Barbara Rodgers, City Clerk AM 2000-086 Hello