HomeMy WebLinkAbout962179.tiff o�REO
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10-25-96
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632
Re: Russell Annexation to the Town of Frederick and Zoning Changes
To Whom It May Concern:
In Compliance with the provisions of Section 31-12-108(2) C.R.S., please find
enclosed a copy of the published Notice, together with copies of the Resolution and
Petition concerning the annexation to the Town of Frederick of territory therein described.
The provisions of annexation laws of the State of Colorado require tha such mailing be
made to the Board of County Commissioners, the County Attorney and to each Special
District or School District having territory within the area to be annexed.
In compliance with Section 16-21 and 17-43 of the Frederick Municipal Code, the
Notice of Public Hearing is mailed to all adjacent property owners.
A Letter of Comment is requested by November 25 1996.
Sincerely,
Xditzt ()IN
Karen Borkowski
Town Clerk
cc: file
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n _C� ' GA 962179
TOWN OF FREDERICK, COLORADO
RESOLUTION NO. 96-R-11
WHEREAS, a petition for annexation of certain property has been filed with the Board of
Trustees of the Town of Frederick; and
WHEREAS,the Board of Trustees has reviewed the petition; and
WHEREAS, the Board of Trustees wishes to permit the consideration of the subject
property for annexation and for zoning; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
FREDERICK, COLORADO,AS FOLLOWS:
1. The petition whose legal description is attached hereto as Exhibit A and incorporated by
reference herein,is in substantial compliance with the applicable laws of the State of Colorado.
2. No election is required under C.R.S. §31-12-197(2).
3. No additional terms and conditions are to be imposed except those provided for in the
petition.
4. The Board of Trustees will hold a public hearing for the purpose of determining if the
proposed 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 property at the Frederick
Municipal Building, Frederick, Colorado 80530, at the following time and date:
November 14, 1996
at 7:30 p.m.
5. Any person may appear at such hearing and present evidence relative to the proposed
annexation and 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 been met, and further, will determine
the appropriate zoning of the subject property.
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
Frederick, and shall pass one or more ordinances zoning the subject property.
INTRODUCED, READ, SIGNED AND APPROVED this 10th day of October, 1996.
TOWN OF FREDERICK (j
A ITE:S : By �'� ; ,k
Edward J.,Taglie May
K en Borkowski, Town Clerk
7•.1996 11 : 48 1-303-776-5444 SAMSON AND BROWN PAGE 03
EXHIBIT A
RUSSELL ANNEXATION
PROPERTY BOUNDARY
1 P(AI,QQSCRIPTIONI;
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 2
NORTH, RANGE 88 WEST AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 2 NORTH, RANGE 87 WEST OF THE"8TH PRINCIPAL MERIDIAN,COUNTY
OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 25,WHENCE THE
SOUTHEAST CORNER OF SAID SECTION 25 BEARS SOUTH 00'33'19'WEST 2,066.68 FEET;
THENCE SOUTH 89'20'03-EAST 12.59 FEET TO A POINT ON;THE WEST UNE OF FREDERICK
ANNEXATION ORDINANCE NO.260;THENCE ALONG SAID WEST UNE,SOUTH 00'24'17"WEST
952.02 FEET;THENCE NORTH 89"35'43'WEST 15.09 FEET TO A POINT ON THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 25 AND THE NORTHEAST CORNER OF TOPS
BUSINESS PARK;THENCE ALONG THE NORTH UNE OF TOPS BUSINESS PARK,NORTH 69"26'41"
WEST 540.00 FEET;THENCE ALONG THE WEST LINE OF TOPS BUSINESS PARK.SOUTH
00'33'19'WEST 1,140.21 FEET TO A POINT ON THE NORTH LINE OF FREDERICK ANNEXATION
ORDINANCE NO.231;THENCE ALONG SAID NORTH UNE,NORTH 89•53'3r WEST 147.48 FEET;
THENCE ALONG THE WEST LINE,OF FREDERICK ANNEXATION ORDINANCE NO. 231, SOUTH
00'33'19'WEST 539.60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY UNE OF WELD
COUNTY ROAD 16:THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,NORTH $9.53'32'WEST
1,937.81 FEET TO A POINT ON THE WEST UNE OF THE SOUTHEAST QUARTER OF SAID SECTION
25,WHENCE THE SOUTH ONE-QUARTER CORNER OF SAID`SEOTION 25 BEARS SOUTH 00'22'50"
WEST 30.00 FEET;THENCE ALONG SAID WEST LINE, NORTH.00'22150"EAST 2,602.27 FEET TO
THE CENTER ONE-QUARTER CORNER OF SAID SECTION 25;THENCE ALONG THE NORTH LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 25,SOUTH 89`20'03-EAST 2,633.35 FEET TO
THE EAST ONE-QUARTER CORNER OF SAID SEOTION 25 AND THE POINT OF BEGINNING,
CONTAINING 137.488 ACRES MORE OR LESS.
C:'OyINC(, ALNos2-N,\OOkiMaLtl
September 24. 1996
ANNEXATION IMPACT REPORT
Russell Annexation
September 25, 1996
(A) Please see the attached Sketch Plan Map for the following information:
• Present and proposed boundaries of the municipality in the vicinity of the proposed
annexation.
• The present streets, major trunk water mains, sewer interceptors and outfalls, other utility
lines and ditches, and the proposed extension of such streets and utility lines in the
vicinity of the proposed annexation.
• The existing and proposed land use pattern in the areas to be annexed.
(B) A copy of the annexation agreement will be forwarded upon review by the Town.
(C) Several utility providers will be involved in providing the Russell Partnership Annexation with
utilities. The Town of Frederick will provide the water and electric service, Tri-Area Sanitation
District will provide the property with sanitary sewer service, it will be served by Frederick Area
Fire Protection District, US West will provide phone service, and K-N Energy Inc. will provide gas
service.
(D) The financing of all utility extensions will be the responsibility of the developer.
(E) The Russell Partnership Annexation is within the following districts:
• Northern Colorado Water Conservancy District(see attached letter)
• Central Weld County Water District
• Tri-Area Sanitation District
• St. Vrain Valley School District, RE-1J
• Frederick Area Fire Protection District
• Carbon Valley Recreation District
(F) It is estimated that the Russell Partnership Annexation will have between 250 and 310 dwelling
units made up of a combination of single family detached homes and townhomes. Based on
these numbers, the Saint Vrain Valley School District may be impacted by the following number of
students:
(.350) K through 5th = 88 - 109 students
(.140) Middle School = 35 -44 students
(.170) Sr. High School =43 -53 students
Total Children = 166 -206 students
H:\3052_001UMPCTRPT.WPD
NOTICE OF PUBLIC HEARING
This is to inform you that the Board of Trustees of the Town of Frederick will hold a
Public Hearing at 7:30 p.m., on Thursday, November 14, 1996, in the Frederick Municipal
Building, 333 5th Street, Frederick, Colorado, 80530.
The purpose of the Public Hearing will be to determine whether certain property for which
a petition for an annexation that has been filed, to be known as the Russell Annexation,
meets the applicable requirements of the statutes of the State of Colorado, is eligible for
annexation to the Town of Frederick, and to determine the zoning of the proposed
annexation. The zoning requested P-E for a portion in the center of the property to
accommodate a community activity area; R-1 for the portions proposed to be single family
residence development; R-2 for the portion proposed to be developed as townhomes; and
I for the industrial park area in the northeast corner.
Any person may appear at the Public Hearing and he heard regarding the matters under
consideration.
Copies of the petition, the resolution finding that the petition is in substantial compliance
with the applicable laws of the State of Colorado and the zoning application are on file and
available for public inspection in the office of the Town Clerk, 401 Locust Street,
Frederick, Colorado 80530.
The legal description for the parcel is attached hereto as Exhibit A and is incorporated by
reference herein.
Dated this 11th day of October, 1996.
TOWN OF FREDERICK, COLORADO
By
Karen ,3orkowsl i o,\n Cie is
Published in the Farmer & Miner
Publication Dates: 10/23/96, 10/30/96
11/06/96, 11/13/96
PETITION FOR ANNEXATION
TO: Board of Trustees of the Town of Frederick, Colorado
FROM: Petition Known As: Russell Annexation
The undersigned landowners, in accordance with the provisions of Sections 31-12-101, et seq.,
12B, C.R.S. and known as the Municipal Annexation Act of 1965, as amended, hereby petition the
Board of Trustees of the Town of Frederick for annexation to the Town of Frederick the following-
described unincorporated area situated and being in the County of Weld, and State of Colorado, to-
wit:
(See Exhibit A attached hereto and incorporated herein by reference.)
Your petitioners further state to the Board of Trustees of the Town of Frederick, Colorado, as
follows:
1. That it is desirable and necessary that such area be annexed to the Town of
Frederick, Colorado.
2. That the area sought to be annexed to the Town of Frederick meets the
requirements of Section 31-12-104 and 105, as amended, of the Municipal
Annexation Act of 1965, in that:
a. Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed will be contiguous with the existing boundaries of the Town of
Frederick, Colorado.
b. A community of interest exists between the area proposed to be annexed and
the Town of Frederick, Colorado.
c. The area proposed to be annexed is urban or will be urbanized in the near
future and said area is integrated or is capable of being integrated with the
Town of Frederick, Colorado.
d. No land held in identical ownership, whether consisting of one tract or
parcel of real estate or two or more contiguous tracts or parcels of real
estate:
(1) is divided into separate parts or parcels without the written consent
of the landowner or landowners thereof, unless such tracts or parcels
are separated by a dedicated street, road, or other public way.
1
(2) comprising 20 acres or more and which, together with the buildings
and improvements situated thereon, has a valucation for assessment
in excess of$200,000.00 for ad valorem tax purposes for the year
next preceding the annexation is included within the area proposed
to be annexed without the written consent of the landowner or
landowners.
e. No annexation proceedings have been commenced for the annexation to
another municipality of part or all of the territory proposed to be annexed.
f. The annexation of the area proposed to be annexed will not result in the
detachment of area from any school district and the attachment of same to
another school district.
g. The annexation of the area proposed to be annexed will not have the effect
of extending the boundary of the Town of Frederick more than three miles
in any direction from any point of the Town's boundary in any one year.
h. If a portion of a platted street or alley is to be annexed, the entire width of
said street or alley is included within the area to be annexed.
I. Reasonable access shall not be denied to landowners, owners of easements,
or the owners of franchises, adjoining any platted street or alley to be
annexed that will not be bordered on both sides by the Town of Frederick.
j. The area proposed to be annexed comprises more than ten acres and an
impact report as provided for in section 31-12-105.5, crs, as amended, is
required.
k. The area proposed to be annexed is located within Weld County, Tri-Area
Sanitation District, Central Weld County Water District, Frederick Area
Fire Protection District, Carbon Valley Recreation District, the St. Vrain
Valley School District and no others;
1. 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;
3. That attached hereto and incorporated herein by reference are two (2) mylars and
four (4) prints of the annexation map, containing the following information:
a. A written legal description of the boundaries of the area proposed to be
annexed;
2
b. A map showing the boundary of the area proposed to be annexed, such map
prepared and containing the seal of a registered engineer or land surveyor.
c. Within the annexation boundary map, a showing of the location of each
ownership tract of unplatted land, and, with respect to any area which is
platted, the boundaries and the plat numbers of plots or lots and blocks;
d. Next to the boundary of the area proposed to be annexed a drawing of the
contiguous boundary of the Town of Frederick and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
e. The dimensions of the contiguous boundaries are shown on the map.
4. That the petitioners are the landowners of more than fifty percent (50%) of the area
sought to be annexed, exclusive of streets and alleys.
5. That all of the petitioners signed this Petition for Annexation no more than 180
days prior to the date of the filing of this Petition for Annexation.
6. That this Petition for Annexation satisfies the requirements of Article II, Section
30, of the constitution of Colorado in that it is signed by persons comprising more
than fifty percent (50%) of the landowners in the area proposed to be annexed who
own more than fifty percent (50%) of said area, excluding public streets and alleys
and any land owned by the Town of Frederick.
7. That upon the Annexation Ordinance become effective, all lands within the area
sought to be annexed shall become subject to all ordinances, resolutions, rules and
regulations of the Town of Frederick, except for general property taxes of the Town
of Frederick which shall become effective on January 1 of the next succeeding year
following passage of the Annexation Ordinance.
8. That, by the date that is ninety (90) days after the effective date of the Annexation
Ordinance, the petitioners will request that zoning be granted by the Town of
Frederick.
9. That in the event an Annexation Agreement satisfactory to both the petitioners and
the Town of Frederick, Colorado, is not entered into and fully executed on or
before the date of adoption of the Ordinance to effectuate the annexation
contemplated in this Petition for Annexation, the petitioners may withdraw their
signatures from this Petition for Annexation, the effect of which shall be as if no
petition had ever been executed and filed with the Town of Frederick.
3
Therefore, your petitioners respectfully request that the Board of Trustees of the Town of
Frederick, Colorado, approve the annexation of the area proposed to be annexed.
Whenever from the context it appears appropriate, each term stated in either the singular or plural
will include the other, and pronouns stated in either the masculine, feminine or the neuter gender
will include each of the other genders.
Name Russell Partnership. LLP
Address 557 Rider Ridge. Longmont. CO 80501
Legal Description See attached legal description
Name Bennett L. Russell
Address 5511 WCR 16. Longmont. CO 80504
Legal Description See attached legal description
STATE OF COLORADO )
J ) ss
COUNTY OF I CIU1 el )
Subscr ed and sworn to before me this �) day of tea(,K , 19 Q(O ,
by �, 7'LC.�Q liVil1iic k.f) 4 46r') L . ' ,LicC
Witness my hand and official seal.
My commission expires: U-94 -It, -,
Si 1
1.4' . i
4
STATE OF COLORADO )
) ss
COUNTY OF 01(U.--) )
jegAAneW
Subscribed and wom to before me(his ae)ID day of , 19 gIo ,
a�44.
Witness my hand and official seal. <_ E:1.4,4,7C;1-71
,
My commission expires: Iu I ow-1 LL' 7
STATE OF COLORADO ) t)%4 e!
COUNTY OF c (,{((AX--, ) ss � .'. +a r3
The undersigned, being first duly sworn upon his/her oath, states: that he/she was the
circulator of the attached petition for annexation, and that each signature therein is the signature of
the person whom it purports to be.
mx - ncX
Cm
Sub cribed a d sworn to before me this ') ' day of ti , 19 ?
by
Witness my hand and official seal.
My commission expires: /a-74-9G ,
,
-19) 5 3
NOTE: This petition must be accompanied by a listin ons' names and addresses
who own land within the annexation but are not among the un ersigned, and also of all persons'
names and addresses who own land within three hundred (300) feet of any portion of the area
under petition for annexation (as per Weld County Assessor's office on the date of the signing).
(Prior Annexation Appx B)
H:\3052001\ANNEX.PET
5
EXHIBIT A
RUSSELL ANNEXATION
PROPERTY BOUNDARY
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 25,TOWNSHIP 2
NORTH, RANGE 68 WEST AND THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 30,TOWNSHIP 2 NORTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY
OF WELD,STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE EAST ONE-QUARTER CORNER OF SAID SECTION 25,WHENCE THE
SOUTHEAST CORNER OF SAID SECTION 25 BEARS SOUTH 00°33'19"WEST 2,666.68 FEET;
THENCE SOUTH 89°20'03"EAST 12.59 FEET TO A POINT ON THE WEST LINE OF FREDERICK
ANNEXATION ORDINANCE NO. 260;THENCE ALONG SAID WEST LINE,SOUTH 00°24'17"WEST
952.02 FEET;THENCE NORTH 89°35'43"WEST 15.09 FEET TO A POINT ON THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 25 AND THE NORTHEAST CORNER OF TOPS
BUSINESS PARK;THENCE ALONG THE NORTH LINE OF TOPS BUSINESS PARK, NORTH 89°26'41"
WEST 540.00 FEET ;THENCE ALONG THE WEST LINE OF TOPS BUSINESS PARK,SOUTH
00°33'19"WEST 1,149.21 FEET TO A POINT ON THE NORTH LINE OF FREDERICK ANNEXATION
ORDINANCE NO.231;THENCE ALONG SAID NORTH LINE, NORTH 89°53'32"WEST 147.48 FEET;
THENCE ALONG THE WEST LINE OF FREDERICK ANNEXATION ORDINANCE NO.231,SOUTH
00°33'19"WEST 539.60 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD 16;THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 89°53'32"WEST
1,937.81 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
25,WHENCE THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 25 BEARS SOUTH 00°22'50"
WEST 30.00 FEET;THENCE ALONG SAID WEST LINE, NORTH 00°22'50" EAST 2,662.27 FEET TO
THE CENTER ONE-QUARTER CORNER OF SAID SECTION 25;THENCE ALONG THE NORTH LINE
OF THE SOUTHEAST QUARTER OF SAID SECTION 25, SOUTH 89°20'03" EAST 2,633.35 FEET TO
THE EAST ONE-QUARTER CORNER OF SAID SECTION 25 AND THE POINT OF BEGINNING,
CONTAINING 137.488 ACRES MORE OR LESS.
C:WFFICELLEGNLSV052 001\BOUND.LEG
September 24, 1996
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