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Home My WebLink About961480.tiff /�:6�O�M_O 61US.Ces. A TOWN OF ERIE 41Ik ill 1 � 645 HOLBROOK P.O.BOX 100 ERIE,COLORADO 80516 N 2t LOCAL(303)828-3843 " 1 ' 'i n j _ ry a METRO(303)665-3565 June 19, 1996 - CERTIFIED MAIL NO. Z 137 735 570 Weld County Board of County Commissioners P.O. Box 758 Greeley, CO 80632 RE: Notice of Public Hearings for Fiore and Sons, Inc. Annexation - Coal Creek Heights, Planning Commission - Thursday, July 2, and Board of Trustees - Thursday, July 25, 1996. Dear Gentlemen: Please be advised that a public hearing has been set by the Board of Trustees to consider the Fiore and Sons, Inc. Annexation to the Town to be known as Coal Creek Heights. Attached are copies of the hearing notices and maps indicating the location of the annexation. Also enclosed for your information is a copy of the Annexation Impact Report for this property as well as the draft annexation agreement between the Town and the Developer.. You are being sent this notice as an adjacent property owner, or as a referral agency of the Town. Copies of the applications for this annexation are on file and available for public inspection in the Community Development Office, at the Erie Town Hall, 645 Holbrook, Erie, Colorado 80516. The public's comments are welcome during the public hearings. Written comments may be sent to the Erie Town Hall, Box 100, Erie, CO 80516. Sincer , ir— Gary est Co unity Development Director ete C.L!,Al 961480 �7 L /9/ - ✓ CC : P� 0U ), Pw€cry; et-i se) ©7/o/ -79(0 POLICE DEPT. P.O.BOX 510 METRO(303)449-3156 LOCAL(303)828-3200 LONGMONT FIRE PROTECTION DISTRICT (303)666-4404 FIORE AND SONS, INC. ANNEXATION IMPACT REPORT June 17, 1996 Prepared for: Town of Erie 645 Holbrook Street P.O. Box 100 Erie, Colorado 80516 FIORE AND SONS, INC. ANNEXATION IMPACT REPORT Table of Contents Page 1. Project Description 1 2. Municipal Services 1 3. Special Districts 4. School District Impact 2 5. Exhibits 2 A. Existing Conditions Map and Proposed Land Use Map 2 B. Draft Annexation Agreement. FIORE AND SONS, INC. Forward: This "annexation impact report" has been prepared pursuant to Section 31-12-108.5 Colorado Revised Statutes, 1986 Repl. Vol. Contained in Appendix "A" is a map depicting the proposed annexation, the existing and proposed public services to the property and the existing and proposed land use for the property. I. Project Description: The property proposed for annexation consists of a strip of land approximately % mile wide by one mile long. Containing approximately 156 acres, it is located south of Weld County Road 8 and west of Weld County Road 3. The annexation is contiguous to the Town on the north and east sides of the parcel and satisfies the 1/6 contiguity with the Town boundaries required by statute. The land proposed to be annexed is owned by Fiore and Sons, Inc. The home sites overlook Coal Creek as it passes along the western edge of the property. A significant portion of the property (34.43 acres) will be dedicated as openspace within the Coal Creek floodplain. The marketability of the site is further enhanced by the easy access to 1-25 and the North Denver area, including the new Denver Intemational airport. The land is currently zoned A (Agricultural) by Weld County. In conjunction with the proposed annexation, the zoning will change to "Planned Development" (PD) land use in conformance with the Town's Land Use Code. The site is proposed to be developed with 522 single and multi-family dwellings for a density of 3.34 units per gross acre. Single Family residential lots will range in size from 5,000 sq. ft. to 8,000 sq. ft. The duplex area will have 5,800 sq. ft. lots. Adjacent land uses include undeveloped land in the county that is zoned agricultural and landfills on the east and southeast. Four oil/gas wells are on the site. II. Municipal Services: Municipal services for the Fiore and Sons, Inc. Annexation will be provided in the following manner: Electricity Electric services are to be provided by the present supplier, United Power, Inc., the electric franchisee for the Town of Erie. Telephone U.S. West Communications Water The Town of Erie. Sanitary Sewer The Town of Erie. Fire The site is currently served by the Mountain View Fire Protection District. Police The Town of Erie. Street Maint. Maintenance of roadways within the annexation will be provided by the Town after construction to Town specifications and acceptance by the Board of Trustees. Financing the municipal services within the area to be annexed is addressed in an annexation agreement between the applicant and the Town of Erie. The annexation agreement is attached in preliminary draft form. 1 III. Special Districts: The area to be annexed is included within the following special districts: St Vrain Valley School District, R-1J Mountain View Fire Protection District Northern Colorado Water Conservancy District NCWCD Municipal Sub-district Left Hand Water District Tri-Area Ambulance District Weld County Library District Urban Drainage and Flood IV. School District Impact: It is anticipated that the annexation will bring a benefit to the St Vrain Valley School District due to the increase in valuation, and will contribute 295, K-12 students to the school system upon full build out. V. Exhibits: A. Existing Conditions Map and Proposed Land Use Map. B. Draft Annexation Agreement. 2 • TOWN OF ERIE 2 ACCESS LOCATIONS \\.' iii- O COUNTY ROAD 6 �� • • U ' BM _ 15 \ ` ; /I FUTURE I •'BY-PASSI/ 1 . 'S.F. -I ` I RESID. { I ! I ' I �i �O \r... 1, ._ ' ii k 1 :i II I 11 I _- i ! PROVIDE FUTURE • ACCESS TO WEST,' 1 r I ,, (••9 S.F. ' . ,1/ ri .' (ç !D ‘? ' E. ,(, COAL CREEK HEIGHTS • 1 , H ANNEXATION MASTER PLAN . ' '1' Uct 19 - LAND USE SCHEMATIC FOR LOCAL STREETS ' ' I ''.I. AND PROJECTIONS TO ADJACENT PROPERTY • 19 Apr. 1996 IL - -COAL CREEK I N LOOD A T ' IJPEN SPACEPL Y '- SF. 1/4 MILE RESID. �` ; it ri , H SCALE I PROVIDE FUTURE ACCESS TO SOUTH �� 411 - FIORE ANNEXATION AGREEMENT THIS AGREEMENT is made and entered into this 21st day of May , by and between Fiore and Sons, a Colorado corporation, hereinafter referred to as the "Owner," and the Town of Erie, a municipal corporation of the State of Colorado, hereinafter referred to as "Erie" or"Town". WITNESSETH: WHEREAS, the Owner desires to annex to Erie 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 pan 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 Erie, 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 streets, rights-of-way and easements, parks and open space, utility facilities and improvements, to Erie as contemplated in this Agreement are directly related to and generated by the 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. ANNEXATION AND ZONING. The annexation of the Property shall be in conformance with the Colorado Municipal Annexation Act of 1965, as amended, and with applicable Town of Erie codes. /See attached Coal Creek Heights P.D. The Owner desires PD zoning, in accordance with the Erie Zoning Code (Ordinance 408). The parties recognize that it is the intent and desire of the 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 Erie is a condition to annex the Property. Owner shall take all action necessary to permit zoning by the Town of Erie of the annexed area within the time prescribed by state statutes. a. Land Use. All residential and commercial construction will be subject to the 3081 EWPO types and intensities of land use permitted pursuant to the Erie Zoning Code in effect on the date hereof, or in effect on the date when building permit applications are filed. b. Master Development Plan. Erie and the Owner recognize that property development is subject to market conditions. To assure Erie that the development of the Property proceeds in an orderly manner, Owner may phase the development. A "master development plan" for the Property will be provided during the subdivision process. For each phase, a site specific plan will be submitted to the Erie Planing and Zoning Commission and the Board of Trustees for review and approval. The site specific plan shall be in general conformance with the "master development plan" for the Property, as approved and/or amended by the Board of Trustees. 2. ANNEXATION MASTER PLAN FOR PROPERTY. The Erie Comprehensive plan encompasses the entire Property. The Comprehensive Plan does not set out in detail the land uses for the Property. The "annexation master plan" adopted as a resolution simultaneously with the annexation of the Property and attached hereto as "Exhibit C" complies with the requirements of C.R.S. 31-12-105 (1)(e). 3. LAND DEDICATION. The dedication of parks and open space, public easements for utilities, rights-of-way for streets and other public ways and dedications for other public purposes shall be by General Warranty Deed or appropriate instrument of conveyance acceptable to the Town. 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. The Town and the Owner agree that such dedications are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. a. Parks And Open Space. The Owner agrees to either dedicate to the Town of Erie, a minimum of 34.43 acres (22% of total annexed) of the total acreage of the Property as public land, or to pay an equivalent "cash in lieu" to the Town based on the undeveloped price of such land, or any combination of land and cash as is negotiated and agreed upon by the Owner and the Town. Any open space, parks, landscaped right-of-ways, or trails dedicated to the Town may count towards the land dedication. The dedication of land or cash in lieu is rrt- th T V..1- r�or+ asdJic.Lte by mutual agreement. b. Roads And Utility Easements. The Owner shall dedicate right-of-way for all roads and utility easements to Erie. All utility easements, dedicated to Erie, shall be for the use and the benefit of the various entities furnishing utility services, i.e., electrical, telephone, gas, TV cable, water sewer. Said rights-of-way for all utilities may be within the road or trails right-of-way and may be identical or overlapping. ALL UTILITIES WILL BE PLACED UNDERGROUND. 3081E WPD 2 4. AVAILABILITY OF SERVICES. Erie 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, but the Property is presently included within the boundaries of and is entitled to receive such services from the Mountain View Fire Protection District. 5. WATER SERVICE. Water service to the Property shall be provided by the Town, except as may be allowed by separate agreement between the Town and another public water provider. Owner hereby acknowledges its receipt of a copy of Town of Erie Ordinance No. 477, concerning Town policy with respect to obtaining water service front the Town, the dedication of water rights to the Town in connection with annexations and the extension of water lines and pumping facilities to the Property. Owner agrees to comply with Ordinance No. 477 and with any amendments thereto, including any applicable amendments adopted subsequent to the annexation of the Property. The Town and the Owner agree that such dedications are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. a. Extension of Water Services. The extension of water mains or trunk lines shall be in accordance with Ordinance No. 477. Owner shall install at his sole cost and expense, all the water mains, trunk lines, pumping facilities and appurtenances necessary to provide service from the Town's system to the Property. These extensions may include the over sizing of lines and pumping facilities for future development of adjacent property. Owner shall install at his sole cost and expense, all the water lines, fire hydrants and appurtenances within the Property. Water lines lying within the dedicated right-of-way shall be dedicated to Erie after construction. Any reimbursements to the Owner for over sizing of water lines will be subject to a separate Subdivision Improvement Agreement. b. Water Service Availability. Erie does not warrant the availability of water service to the Owner for any phase of development. A determination of water service availability by Erie shall be made by a water system analysis at the time the Owner requests water taps. In the event that the Town determines that it has insufficient water service availability, no water taps shall be issued until such time as there is water service availability. c. Water Tap Fees. Water tap fees shall be the existing Town water tap fees at the time which die-applicant requests water taps. Water tap fees shall be paid when a building permit for a structure is requested from the Town. 3081E WPD 3 d. Water Rights Dedication. Owner represents to the Town that the tributary and non-tributary water rights listed on Exhibit "D", attached hereto and incorporated herein by this reference, constitute all of the water rights appurtenant to the subject property. In accordance with Ordinance No. 47 7, as amended, and existing Town policy, Owner agrees to convey to the Town, upon annexation of the subject property, all water rights listed on Exhibit "D", and any related stock certificates evidencing ownership of the water rights, free and clear of all encumbrances and with all taxes and assessments related thereto paid in full, unless the Town in writing rejects any or all such water rights. Transfer of the water rights shall be accomplished prior to the recording of the annexation with the County Clerk and Recorder. 6. SEWER SERVICE. Sewer service to the Property shall be provided by the Town Owner hereby acknowledges receipt of a copy of Town of Erie Ordinance No. 508, concerning Town policy with respect to obtaining sewer service from the Town and the extension of sewer lines to the Property. Owner agrees to comply with Ordinance No. 508 and with any amendments thereto, including any applicable amendments adopted subsequent to the annexation of the subject Property. The Town and the Owner agree that dedications required by Ordinance No. 508 are directly related to and generated by development intended to occur within the Property and that no taking thereby will occur requiring any compensation. a. Extension of Sewer Services. The extension of sewer mains or trunk lines shall be in accordance with Ordinance No. 508. Owner shall install at his sole cosi. and expense, all the sewer mains, trunk lines, sewer lift stations and appurtenances front the Town's system to the Property. These line extensions may include the over sizing of lines for future development of adjacent property. Owner shall install at his sole cost and expense, all the sewer lines and appurtenances within the Property. Sewer lines lying within the dedicated right- of-way shall be dedicated to Erie after construction. Any reimbursements to the Owner for over sizing of sewer lines and appurtenances will be subject to a separate Subdivision Improvement Agreement. b. Sewer Service Availability. Erie does not warrant the availability of sewer service to the Owner for any phase of development. A determination of sewer service availability by Erie shall be made by a sewer system analysis at the time the Owner requests sewer taps. In the event that the Town determines that it has insufficient sewer service availability, no sewer taps shall be issued until such time as there is sewer service availability. c. Sewer Tap Fees. Sewer tap fees shall be the existing Town fees at the time which the applicant requests sewer taps. Sewer tap fees shall be paid when a building permit for a structure is requested from the Town. 3081E WPD 4 7. ROADS, TRAILS AND PUBLIC RIGHTS-OF-WAY. All public roads shall be constructed to Town standards. Trails shall be constructed as an integral feature of the development, in accordance with Town construction standards. All public roads, trails and right-of-ways shall be dedicated to Erie. Owner shall be responsible for purchase of traffic and street signs, street lights, traffic control devices, and street striping, and Erie shall be responsible for the installation of those items at the Owner's cost, with the exception of street lights. Owner shall provide a two (2) year guarantee for all improvements from the time of final acceptance to Erie. 8. CONFORMANCE WITH TOWN REGULATIONS. Owner agrees that the design, improvement, construction, development, and use of the Property shall be in conformance with all Town ordinances and resolutions and the Town's "Standard Design Criteria and Standard Constriction Requirements" including, without limitation, those pertaining to subdivision, zoning, streets, storm drainage, utilities, and flood control. 9. PUBLIC IMPROVEMENTS. Owner agrees to design, construct and install in accordance with Town approved plans, certain public improvements including but not limited to streets, curb, gutter, sidewalks, storm sewer lines, storm drainage improvements, sanitary sewers, water lines, trails and park improvements within or adjacent to the Property. Owner agrees to guarantee construction of all required improvements, and, if requested by Erie, to dedicate to Erie any or all other required improvements. Owner agrees to enter into an agreement pertaining to such improvements and other matters prior to any development of the Property. The construction of public improvements shall be subject to any reimbursement which max be provided for in the Subdivision Improvement Agreement. 10. EXCLUSIVITY OF ANNEXATION PETITION. 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 Erie. 11. MISCELLANEOUS PROVISIONS. a. Interpretation. Nothing 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 it's inhabitants, nor shall this Agreement prohibit the enactment or increase by the Town of any tax or fee. b. Severability. If any part, section, subsection, sentence, clause or phrase of this Agreement is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining sections of the Agreement. The parties hereby declare that they would have agreed to the Agreement including each part, 3081E WPD 5 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more parts, sections, subsections, sentence, clauses or phrases be declared invalid. c. Amendments to the Agreement. This Agreement may be amended, at anytime, upon agreement of the parties hereto. Such amendments shall be in writing, shall be recorded with the County Clerk&Recorder of(Boulder/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. In addition, 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 &Recorder of(Boulder/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. d. Binding Effect. This Agreement shall be binding upon and inure to the benefit of and be binding upon the parties, their successors in interest, or their legal representatives, including all developers, purchasers and subsequent owners of any lots or parcels within the Property, and shall constitute covenants running with the land. This Agreement shall be recorded with the County Clerk& Recorder of(Boulder/Weld) County, Colorado, at Owner's expense. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. e. Indemnification. 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 attorney's 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 Erie'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 attorney's fees for defense counsel of the Town's choice for, any such liability, claims, or demands. f. Termination. If the annexation of the Property is, for any reason, not completed then this Agreement shall be null and void and of no force and effect whatsoever. g. No Right or Remedy of Disconnection. No right or remedy of disconnection 3081 E.WPD 6 of the Property from the Town shall accrue front this Agreement, other than provided by applicable state laws. In the event the Property or any portion thereof is disconnected at Owner's request, the Town of Erie 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. h. Annexation and Zoning Subject to Legislative Discretion. The Owner acknowledges that the annexation and-subsequent zoning of the Property are subject to the legislative discretion of the Board of Trustees of the Town of Erie. No assurances of annexation or zoning have been made or relied upon by the Owner. In the event that the Town of Erie Board of Trustees, in the exercise of it's legislative discretion, does not take any action with respect to the Property herein contemplated, 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. Legal Discretion in the Case of Challenge. The Town of Erie reserves the right to not defend any legal challenge to this annexation, In the event such a challenge occurs prior to any expiration of any statute of limitation. Erie may, at it's discretion, choose to legally fight the challenge or allow the challenge to proceed without defense. This does not restrict the Owner front engaging the Town's legal representatives in such a defense, at no cost to the Town. i. Application of Town Policies. Upon annexation, all subsequent development of the Property shall be subject to and bound by the applicable provisions of Erie ordinances, as amended, including public land dedications, provided however, that changes or amendments to the Charter or the code, after the date of this Agreement shall in no way limit or impair Erie's obligation hereunder, except as specifically set forth in this Agreement. k. Amendments to Governing Ordinances, Resolutions and Policies. 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 subsequent amendments or revisions to such ordinance, resolution,-or policy, and the parties agree that such amendments or revisions shall be binding upon Owner. 1. Legal Fees. In the event that either party finds it necessary to retain an attorney in connection with a default by the other as to any of the provisions contained in this Agreement, the defaulting party shall pay the other's reasonable attorney's fees and costs incurred in enforcing the provisions of this Agreement. 3081 E.WPD % m. Reimbursement for Other Costs. The Owner shall reimburse the Town for any third party costs necessary for the orderly and proper development of the Property, including but not limited to consultant's fees for planning and engineering, and attorney's fees for legal services beyond the normal document review, which is directly linked to the Property. n. Avigation Easements. The Owner agree to provide the Town with an executed avigation easement prior to subdivision of the land, which provides the Town of Erie an easement for the operation of aircraft to and from the Tri-County Airport within the airspace of the Owner's property. o. Oil and Gas Access Roads. All oil and gas access roads located on the Property will remain where they are, and will be considered a current obligation between the Owner and the oil and gas company(s). The Town will not be responsible for any maintenance of any current oil and gas access road. P. Inclusion in Special Improvement Districts. If requested by Erie, Owner agrees to include the Property in one or more special improvement districts or other mechanisms established by Erie for making improvements to streets and other public ways, or for making other public improvements authorized by law. Owner hereby appoints the Town Administrator of Erie as Owner's attorney-in- fact for the purpose of executing all documents determined by Erie to be necessary for such inclusion. Owner shall record a disclosure with all lots sold of this assignment. q. Cooperation. 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. r. Timely Submittal of Materials. Owner agrees to provide legal documents, surveys, engineering work, newspaper publication, maps, reports and other documents necessary to accomplish the annexation of the Property and the other provisions of this Agreement. s. Compliance with State Law. The Owner shall comply with all applicable State law and regulations. t. Recording of Agreement. This Agreement shall be recorded in the records of the (Boulder/Weld) County Clerk and Recorder. 12. COMPLETE AGREEMENT. This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. 3081E.WPO 8 Except as provided herein there shall be no modifications of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein this Agreement may be enforced in any court of competent • jurisdiction.• By this acknowledgment, the undersigned hereby certify that the above Agreement is complete and true and entered into of their own free will andvolition. Of the applicant is not the Owner(s) of the subject property, the Owner(s), rtgage and/or lienholder shall also sign the Agreement.) .�J�rFioNY , l—Io1ZE Owner: T2eas�:2 Date: 5/ 01,40 Owner: Date: Applicant: Date: (attach additional signatures as necessary) STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 19 by My commission expires: Witness My hand and official seal. Notary Public 3081E.WPD 9 EXHIBIT "A" 10 3081E. PD W EXHIBIT "A" LEGAL DESCRIPTION THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 19, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, EXCEPT THE NORTH 30 FEET THEREOF, CONTAINING 155.5 ACRES MORE OR LESS, COUNTY OF WELD, STATE OF COLORADO 3081E WPC) EXHIBIT "B" 3081 E.WPO EXHIBIT "C" sser,titio-AArada-:--latriaw-a-orcat ‘4.1 7O-4 3081E WPC EXHIBIT "D" Water Rights Appurtenant to Property. Water Rights (Ditch Company, Number of Certificate Yield (cfs or acre/ft) groundwater, etc.) Shares Number(s) None 3081E WPD RESOLUTION NO. 96 - 19 WHEREAS, petitions for annexation of certain properties have been filed with the Board of Trustees of the Town of Erie by Fiore and Sons, Inc.; and WHEREAS, the Board of Trustees has reviewed the petitions; and WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject property for annexation and zoning, if requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petitions anddesires to adopt by Resolution its findings in regard to the petition; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ERIE, COLORADO, as follows: 1. The petition, whose legal description is as follows: THE EAST ONE-HALF FOR HE EAST ONE- HALF OF SECTION 19, EXCEPT THE NORTH 30 FEET THEREOF, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING 155.5 ACRES MORE OR LESS, WELD, STATE OF COLORADO is in substantial compliance with the applicable laws of the State of Colorado. 2. No election is required under C.R.S. §31-12-107(2). 3. No additional terms and conditions are to be imposed except those provided for in the petitions. 4. The Board of Trustees will hold a public hearing for the purpose of determining if the propose annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12-105, and will hold a public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at the Erie Town Hall, Erie, Colorado 80542, at the following time and date: 7:00 PM, or as soon thereafter as possible. July 25, 1996 5. Any person may appear at such hearing and present evidence relative to the 3098E.WPO proposed annexation or the proposed zoning. 6. Upon completion of the hearing, the Board of Trustees shall set forth, by resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and whether the statutory requirements for the proposed annexation have bee met, and further, will determine the appropriate zoning of the subject property if requested in the petition. 7. If the Board of Trustees concludes, by resolution, that all statutory requirements have been met and that the proposed annexation is proper under the laws of the State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Erie, and shall pass one or more ordinances zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this 13 day of July 1996. TOWN OF ERIE By /s/ Vic Smith Vic Smith, Mayor ATTEST: Is/ Lisa Marino Lisa Marino, Town Clerk Approved as to form: /s/ Douglas C. Thorburn Douglas C. Thorburn, Town Attorney 3098E VVPD NOTICE OF PUBLIC HEARING BOARD OF TRUSTEES TOWN OF ERIE Notice is hereby given that on the 25th clay of the month of July, 1996, at 7:00 pm, or as soon as possible thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as the hearing may be adjourned to, a PUBLIC HEARING will be held upon the application made by: Fiore and Sons, Inc. for the purpose of : Annexation of Land to the Town of Erie pursuant to the Codes of the Town of Ere and applicable State Statutes. The affected property is located at: Southwest corner of Weld County Road 8 and Weld County Road 3 The legal description of the property is: THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 19, EXCEPT THE NORTH 30 FEET THEREOF, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING 155.5 ACRES MORE OR LESS, WELD, STATE OF COLORADO The application is on file with the Town of Erie. Interested an affected parties are encouraged to attend. The Board of Trustees will be taking comments prior to making a determination or taking any action on this matter. /s/ I.isa Marino Lisa Marino, Town Clerk FOR QUESTIONS OR COMMENTS, CONTACT: TOWN OF ERIE P.O. BOX 100 ERIE, COLORADO 80516 PHONE: 828-3843 or 665-3555 FAX: 665-3537 NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION • TOWN OF ERIE Notice is hereby given that on the 2nd clay of the month of July, 1996, at 7:00 pm, or as soon as possible thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as the hearing may be adjourned to, a PUBLIC HEARING will be held upon the application made by: Fiore and Sons, Inc. for the purpose of : Annexation of Land to the Town of Erie pursuant to the Codes of the Town of Ere and applicable State Statutes. The affected property is located at: Southwest corner of Weld County Road 8 and Weld County Road 3 The legal description of the property is: THE EAST ONE-HALF OF THE EAST ONE-HALF OF SECTION 19, EXCEPT THE NORTH 30 FEET THEREOF, TOWNSHIP 1 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CONTAINING 155.5 ACRES MORE OR LESS, WELD, STATE OF COLORADO The application is on file with the Town of Erie. Interested an affected parties are encouraged to attend. The Planning & Zoning Commission will be taking comments prior to making a determination or taking any action on this matter. Is/ Hallie Sawyer Hallie Sawyer, Deputy Clerk FOR QUESTIONS OR COMMENTS, CONTACT: TOWN OF ERIE P.O. BOX 100 ERIE, COLORADO 80516 PHONE: 828-3843 or 665-3555 FAX: 665-3537 TOWN OF ERIE 645 HOLBROOK ERIE, COLORADO 80516 665-3555, 828-3843 COAL CREEK HEIGHTS Project No. Fees Paid $ Receipt No. ALL APPLICANTS: REQUEST: X Annexation Preapplication Preliminary Plat Final Plat X P.D. Re-plat Lot Division Special Use Home Occupation Other Location (attach full legal description): See attached. DESCRIPTION OF REQUEST (Attach additional pages if necessary): Annexation and P.D. OWNER OF RECORD1: Fiore and Sons, Inc. (Tony) TELEPHONE: 429-8893 AUTHORIZED REPRESENTATIVE2: Clay Carlson TELEPHONE: 457-2966 MAILING ADDRESS: P.O. Box 247: Eastlake. CO 80614 FOR NEW DEVELOPMENTS ONLY: Gross Site Acreage: 156.43 Gross Site Density: 522 dwelling units Square Footage Proposed on Non-Residential Development: Present Zoning: Agriculture Proposed Zoning: P.D. Mineral Rights Owner: The Queen City Land and Mortgage Company Abe Morantz and Celia -R. Morantz Champlin Petroleum Company Water Rights Owner: NONE Attach proof of ownership -copy of deed or Title Insurance Policy. 2 A notarized letter from the legal owner of the property authorizing the representative to apply for the request and make commitments on their behalf must accompany the application. APPFORM-WPD REVISED April 25. 19,16 The undersigned is fully aware of the request/proposal being made and the actions being initiated on the referenced property. The undersigned understand that the application must be found to be complete by the Town of Erie before the request can be officially accepted and the review process initiated. The undersigned is aware that the applicant is fully responsible for all reasonable costs associated with the review of the application/request being made to the Town of Erie. By this acknowledgment, the undersigned hereby certify that the above information is complete and true. (If the applicant is not the owner(s) of the subject property, the owner(s), mortgage and/or lien holder shall also sign the Application.) Owner: A LArTMkcs-r. e. Cicsae Date: l r2Z, 19M1, •-rzea. ;z7e5— Owner: Date: i • Applicant: ti--, Date: 5/?4kl.fo (attach addi o al signatures as necessary) STATE OF COLORADO ) ) ss. COUNTY OF Q rn s ) The foregoing instrument was acknowledged before me this tea- day of ! W.,-%- , 1951, by0.Othtn� t<' F-,',:2-.... end C'Ld.) Oz•e-15u.n lj My commission expires: `t 13(J H Witness My hand and official seal. ON sOTAR), Notany� P blic � i°G0%1% tl.p' tf'°''t A ,/COLO' � OO\\\\�� APPFOR>I'APO REVISED Ard]:5. 199n PETITION FOR ANNEXATION TO: The Board of Trustees of the Town of Erie, Colorado The undersigned owners of one hundred percent (100%) of the property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit "A", attached hereto and made a part hereof, hereby petition the Town of Erie for annexation of the property described in Exhibit "A" (the "Property"), in accordance with the provisions of Part 1 of Article 12 of Title 31, C.R.S. In support of this petition, petitioners state: 1. It is desirable and necessary that the Property be annexed to the Town of Erie. 2. The requirements of the applicable provisions of Sections 31-12-104 and 31-12-105, C.R.S. exist or have been met. 3. No less than one-sixth of the perimeter of the Property is contiguous with the Town of Erie. 4. A community of interest exists between the Property and the Town of Erie. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or capable of being integrated with the Town of Erie. 7. In establishing the boundaries of the Property, no land held in identical ownership has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road or other public way. 8. No land held in identical ownership comprising twenty (20) acres or more which has a valuation for assessment in excess of Two Hundred Thousand Dollars ($200,000.00) for the preceding tax year has been included in the boundary of the Property without the written consent of the landowner. 9. No annexation proceedings have been commenced for the annexation of all or part of the Property to another municipality. 10. Annexation of the Property will not result in the detachment of area from any school district or attachment of area to another school district. 11. Upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject to all ordinances, resolutions, rules and regulations of the Town of Erie, except for general property taxes of the Town of Erie, if any, which shall become effective on January 1st of the next succeeding year following passage of the Annexation Ordinance. 12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners of such area, and are, in fact, owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 13. Accompanying this petition are four copies of an annexation map showing the seal of a registered engineer or land surveyor, containing: a. A written legal description of the boundaries of the Property proposed to be annexed; b. The boundary of the Property and the boundary of the Property contiguous with the Town of Erie and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, there being no platted land on the Property; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Erie. 14. No part of the area proposed to be annexed is more than three miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. 15. The area proposed to be annexed is located within Weld County, Weld School District, and the following districts: 16. The mailing address of each signer, the legal description of the land owned by each signer and the date of signing of each signature are all shown on this Petition. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 18. Deleted 19. Vested rights to use or develop the Property in a particular way, as defined in Section 24-68-101, et seq., C.R.S., have been requested by Petitioners from the Town of Erie as set forth in paragraphs 5 and 6 of the Annexation Agreement.. 20. This agreement is subject to the conditioins in the attached annexation agreement. 21. The Property Owner shall pay all fees and costs incurred by the Town in processing this annexation petition through the annexation hearing before the Board of Trustees. 22. In the event the Property is annexed to the Town and conveyed to a governmental entity within ten years of such annexation, this petition shall constitute an application to the Town for disconnection by the Property owner and the Town, in its discretion, may determine to disconnect the Property as provided by C.R.S. § Section 31-12-501, ec seq., as amended. 23. The petitioners acknowledge that upon annexation of the Property to the Town, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. The Property, the owners thereof and the uses thereon are also bound by any taxes imposed and voter authorization under Art. X, § 20 of the Colorado Constitution related to such taxes and fees. WHEREFORE, the undersigned petitioners request that the Town of Erie approve the annexation of the Property. PROPERTY OWNER: Dated: 2/"1 Aca t4'Y f . Vies 9Esiati- PS= Na e: Fiore & Sons, Inc.,A Colorado Corporation Mailing Address: Mike Fiore 730 W. 62nd Avenue Denver CO 80216 AFFIDAVIT OF CIRCULATOR The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and says: That (he or she) was the circulator of the foregoing Petition for Annexation of lands to the Town of Erie, Colorado, and that the signatures thereon were witnessed by affiant and are the signatures of the persons whose names they purport to be. Circulat r STATE OF COLORADO ) ) ss. COUNTY OF WELD On the k41"-- day of 1996, before me personally came C w C�z Isc� to me known, and Gcnown to me to be the individual described in, and who executed the foregoing instrument, and who acknowledged to me that he executed the same. Witness my hand and official seal. My commission expires: clI .b/ v (SEAL) Netary Public *OTMypm''• rik wick in\ ��°0 L o A P'O\��`�� Hello