HomeMy WebLinkAbout992386.tiff City of Broomfield
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ONE DESCOMBES DRIVE BROOMFIELD,CO 80020 (303)469-3301
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September 16, 1999
VIA REGISTERED MAIL
Weld County
Board of Commissioners
915 10"' Avenue
Greeley, CO 80631
RE: Notice of Annexation
152.0±Acres - Northeast of State Highway 7 and Weld County Road No. 7
Limestone Springs Properties, LP
Enclosed please find the following items for the above referenced property:
1. Copy of Notice of Hearing
2. Copy of Resolution
3. Copy of Petition, as filed
4. Annexation Impact Report
Sincerely,
11
t
Vicki Marcy
City Clerk
Enclosures
pc: Kevin Standbridge, Deputy Director of Community Development
Roy Howard, City Attorney
Process File
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RESOLUTION NO. 194-99
A RESOLUTION FINDING A PETITION FOR ANNEXATION
OF A 152.00±ACRE PARCEL LOCATED IN SECTION 34, T1 N, R68W
OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, IN
SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1) C.R.S.
WHEREAS, the owners of a 152.00± acre parcel of land approximately located at
the northeast corner of State Highway 7 and Weld County Road No. 7 have petitioned the
city council for annexation of said parcel, said parcel being described in Exhibit A,
attached hereto;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BROOMFIELD, COLORADO:
Section 1. The city council hereby finds as follows:
A. The landowners of one hundred percent of the area, excluding public
streets and alleys, meeting the requirements of sections 31-12-104 and 31-
12-105, C.R.S., have petitioned the city council for the annexation of the
area.
B. The petitions were filed with the city clerk on August 19, 1999.
C. The petitions contain the following:
(1) An allegation that it is desirable and necessary that such areas be
annexed to the City of Broomfield, Colorado.
(2) An allegation that the requirements of sections 31-12-104 and 31-12-
105 C.R.S., as amended, exist or have been met.
(3) An allegation that the signers of the petitions comprise the
landowners of one hundred percent of the territory included in the
area proposed to be annexed, exclusive of streets and alleys.
(4) A request that the City approve the annexation of the area proposed
to be annexed.
(5) The signature of the landowners.
(6) The mailing address of each signer.
(7) The legal description of land owned by each signer.
(8) The date of signing of each signature.
D. Accompanying the petition are four copies of an annexation map containing
the following information:
(1) A written legal description of the boundaries of the area proposed to
be annexed.
(2) A map showing the boundary of the area proposed to be annexed.
(3) Within the annexation boundary map, a showing of the location of
each ownership tract in unplatted land and, if part or all of the area is
platted, the boundaries and the plat number of plots or of lots and
blocks.
• •
(4) Next to the boundary of the area proposed to be annexed, a drawing
of the contiguous boundary of the City and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
E. No signature on the petition is dated more than one hundred and eighty
days prior to the date of filing the petition for annexation with the clerk.
F. The clerk has referred the petitions to the governing body as a
communication.
G. Said petitions are in substantial compliance with section 31-12-107(1),
C.R.S.
Section 2. As required by section 31-12-108, C.R.S., the city council will hold a hearing to
determine if the proposed annexation complies with sections 31-12-104 and 31-12-105,
C.R.S., or such parts thereof as may be required to establish eligibility under the terms of
the Municipal Annexation Act of 1965. Such hearings shall be combined and held
concurrently with the public hearing on the ordinance annexing the area proposed for
annexation. The hearing shall be held on October 12, 1999, at 6:00 p.m., in the council
chambers at One Des Combes Drive.
Section 3. This resolution is effective upon its approval by the city council.
APPROVED on August 24, 1999.
CITY OF BROOMFIELD, COLORADO
Mayor
ATTEST:
U &t: au
City Clerk
APPROVED AS TO FORM:
#CityAtt/oey
EXHIBIT A
RESOLUTION NO. 194-99
A parcel of land located in the Southwest one-quarter of Section 34, Township 1 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more
particularly described as follows:
A parcel of land Recorded at Reception Number 863662, Weld County Clerk and
Recorders Office, State of Colorado, being the Southwest one-quarter of said Section
34, Township 1 North, Range 68 West of the Sixth Principal Meridian, County of Weld,
State of Colorado,
EXCEPT Road Rights-of-Way for Weld County Road 7 as of October 13, 1998, and
Road Rights-of-Way for State Highway 7 (also known as W. 168'" Ave.) as of October
13, 1998.
Said parcel contains 152.00 acres (more or less)
Total perimeter is 10,032.00 feet
One-sixth total perimeter is 1672.00 feet
Total contiguous boundary is 5016.00 feet
kirste n\c:d ata\word\annex\99an nex\194-99rescosslett.doc
. .... ._. _... RECElVLU
CITY CLERK'S OFFICE
8/ /9 /99
PETITION FOR ANNEXATION OF UNINCORPORATED
TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO
TO THE CITY OF BROOMFIELD, COLORADO
TO THE MAYOR AND CITY COUNCIL OF BROOMFIELD, COLORADO:
The undersigned, in accordance with the Municipal Annexation Act of 1965, Part 1,
Article 12, Title 31, Colorado Revised Statutes, as amended, hereby petition the City
Council of the City of Broomfield, Colorado, for the annexation of the following described
unincorporated territory located in the County of Weld, State of Colorado, to-wit:
For legal description see Exhibit A attached hereto and incorporated herein by
reference.
In support of said Petition, your Petitioner alleges:
1. It is desirable and necessary that the above-described unincorporated
territory be annexed to the City of Broomfield, Colorado.
2. The requirements of Section 31-12-104, C.R.S., as amended, exist or have
been met, to-wit:
a. Not less than one-sixth of the perimeter of the area proposed to be
annexed is contiguous with the City of Broomfield;
b. A community of interest exists between the area proposed to be
annexed and the City of Broomfield;
c. Said area is urban or will be urbanized in the near future; and
d. Said area is integrated with or is capable of being integrated with the
City of Broomfield.
3. The requirements of Section 31-12-105, C.R.S., as amended, exist or have
been met, to-wit:
a. In establishing the boundaries of the territory to be annexed, 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,
has been divided into separate parts or parcels without the written
consent of the landowners; and
b. In establishing the boundaries of the area proposed to be annexed, 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
Revised: 7/28/99
petition.doc
Petition for Annexation 2
estate comprising 20 acres or more (which, together with the buildings
and improvements situated thereon has a valuation for assessment in
excess of two hundred thousand dollars for ad valorem tax purposes
for the year next preceding the annexation) has been included without
the written consent of the landowners; and
c. That no annexation proceedings have been commenced for the
annexation of part or all of the subject property to another municipality;
and
d. The proposed annexation would not have the effect of extending a
municipal boundary more than three miles in any direction from any
point of such municipal boundary in any one year; and
e. 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 proposed to be
annexed.
4. Limestone Springs Properties L.P. is the owner of one hundred
percent of the property describ d in Exhibit "S" attached here-
to, excluding public streets and alleys.
5. The mailing address of the Petitioner is as follows:
Limestone Springs Properties LP
1114 Lost Creek Boulevard
Suite 120 •
Austin, TX 78746
6. That the undersigned is the owner of one hundred percent of the territory
included in the area proposed to be annexed, exclusive of streets and alleys.
7. The legal description of the property proposed to be annexed is attached
hereto and by reference made a part hereof.
8. Consent to inclusion into the Northern Colorado Water Conservancy District:
a. Landowner consents to inclusion into the Northern Colorado Water
Conservancy District pursuant to Section 37-45-136 (3.6), C.R.S.
Landowner acknowledges that upon inclusion in the District,
Landowner'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 at the time of inclusion of Landowner's
Revised: 7/28/99
petfion.doc
Petition for Annexation 3
lands.
b. Landowner agrees to waive any right to an election which may exist to
require an election pursuant to Section 20 of Article X of the Colorado
Constitution before the District can impose such mill levies and special
assessments as it has the authority to impose. Landowner agrees to
waive, upon inclusion, any right which may exist to a refund pursuant
to Section 20 of Article X of the Colorado Constitution.
c. Landowner agrees as a condition to annexation to fulfill all
environmental compliance requirements and other requirements
established by the U.S. Bureau of Reclamation and/or the Northern
Colorado Water Conservancy District (District) for inclusion of lands
into the District, including, but not limited to, the following:
1 Surveys of potential impacts to threatened and endangered
species and related consultations with the U.S. Fish and
Wildlife Service; and
2. Any and all studies that may be required by the U.S. Army
Corps of Engineers regarding Section 404 Permitting
Concerns; and
3. Class III Cultural Resources Survey.
d. Landowner agrees that City shall be responsible for coordinating the
above-described environmental compliance requirements, including
the selection of consultants to undertake all required studies,
provided, however, that Landowner shall be solely responsible for
payment of all costs of fulfilling the requirements for the inclusion of its
lands into the District.
e. Back Taxes. As a condition of annexation, Landowner agrees to pay
all back taxes levied by the Northern Colorado Water Conservancy
District against Landowner's property at the time of inclusion of
Landowner's lands into the District.
9. Consent to inclusion into the Municipal Subdistrict, Northern Colorado Water
Conservancy District:
a. Landowner consents to inclusion into the Municipal Subdistrict
("Subdistrict"), Northern Colorado Water Conservancy District
pursuant to Section 37-45-136 (3.6), C.R.S.
Revised: 7/28/99
petition.doc
Petition for Annexation 4
b. Landowner acknowledges that, upon inclusion into the Subdistrict,
landowner'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 Subdistrict at the time of inclusion of landowner's
lands. Landowner agrees to waive any right to an election which may
exist to require an election pursuant to article X § 20 of the Colorado
Constitution before the Subdistrict can impose such mill levies and
special assessments as it has the authority to impose. Landowner
also agrees to waive, upon inclusion, any right which may exist to a
refund pursuant to article X, §20 of the Colorado Constitution.
10. The City of Broomfield requires as a condition of annexation that not
more than ninety (90) days after the date of annexation the property owner
must file a Petition for Exclusion of the property from any Fire Protection
District in which the property is located, and that within the same ninety (90)
day period the property owner also must file a Petition for Inclusion of the
property into the North Metro Fire and Rescue Authority.
Your petitioner further requests that the City of Broomfield, Colorado, approve the
annexation of the area proposed to be annexed.
By / //./7?
Limestone Springs Properties, LP
Date At,t�fits H I I'lc)al
Revised: 7/28/99
petition.doc
Petition for Annexation 5
STATE OF IPXp`7 )
)ss.
COUNTY OF viMA/I5 )
--t--
The foregoing instrument was ac nowledged before me this II Iday of
Aar- , 19�, by A 0.-Fury,/ v,c�.t(e (a ,00 Lvv1zjt-rnp. 61s. prof rtie, L,p,
My commission expires 1(144,4 ae,' &4 0003 J
�� CHRISTiC.TENNI50N 1/ ((((l % / "— _
t MYCOMmiscsiNExIw ES 1(6t,1%;71.°
VOI 1�1( /1 ---
a}„ Januery2a,2003 ary Public
Witness my hand and official seal.
Revised: 7/28/99
petltlon.doc
Petition for Annexation 6
EXHIBIT A
ANNEXATION PETITION
Legal Description of the property to be annexed.
A parcel of land located in the Southwest one-quarter of Section 34, Township 1 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more
particularly described as follows:
A parcel of land Recorded at Reception Number 863662, Weld County Clerk and
Recorders Office, State of Colorado, being the Southwest one-quarter of said Section
34, Township 1 North, Range 68 West of the Sixth Principal Meridian, County of Weld,
State of Colorado,
EXCEPT Road Rights-of-Way for Weld County Road 7 as of October 13, 1998, and
Road Rights-of-Way for State Highway 7 (also known as W. 168th Ave.) as of October
13, 1998.
Said parcel contains 152.00 acres (more or less)
Total perimeter is 10,032.00 feet
One-sixth total perimeter is 1672.00 feet
Total contiguous boundary is 5016.00 feet
Revised: 7/28/99
petltion.doc
Petition for Annexation 7
EXHIBIT B
ANNEXATION PETITION
Legal Description of the property owned.
A parcel of land located in the Southwest one-quarter of Section 34, Township 1 North,
Range 68 West of the Sixth Principal Meridian, County of Weld, State of Colorado, more
particularly described as follows:
A parcel of land Recorded at Reception Number 863662, Weld County Clerk and
Recorders Office, State of Colorado, being the Southwest one-quarter of said Section
34, Township 1 North, Range 68 West of the Sixth Principal Meridian, County of Weld,
State of Colorado,
EXCEPT Road Rights-of-Way for Weld County Road 7 as of October 13, 1998, and
Road Rights-of-Way for State Highway 7 (also known as W. 168th Ave.) as of October
13, 1998.
Said parcel contains 152.00 acres (more or less)
Revised: 7/28/99
petition.doc
LIMESTONE SPRINGS PROPERTY
ANNEXATION IMPACT REPORT
PROJECT: Annexation and Rezoning of the Limestone Springs Property.
LOCATION: Northeast of State Highway 7 and Weld County Road No. 7.
IMPACT REPORT REQUIREMENTS:
A. A map or maps of the municipality and adjacent territory to show the following
information:
I. The present and proposed boundaries of the municipality in the vicinity of the
proposed annexation;
II. 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; and
III. The existing and proposed land use pattern in the areas to be annexed.
Please refer to the three exhibits at the end of this report.
B. A copy of any draft or final preannexation agreement, if available.
The draft annexation agreement is not yet available.
C. A statement setting forth the plans of the municipality for extending to or
otherwise providing for, within the area to be annexed, municipal services
performed by or on behalf of the municipality at the time of annexation.
The City of Broomfield will make available to the property all of the usual
municipal services in accordance with the ordinances and policies of the
City which include, but are not limited to, police protection, water and
sewer services.
D. A statement setting forth the method under which the municipality plans to
finance the extension of the municipal services into the area to be annexed.
The City of Broomfield will finance the extension of municipal services by
usual and customary means, including but not limited to, the General
Fund and Capital Improvements Program.
Limestone Springs Annexation Impact Report Page 2
E. A statement identifying existing districts within the area to be annexed.
The following Weld County districts apply to the proposal:
• St. Vrain School District RE1-J
• Mountainview Fire Protection District
• Tri-Area Ambulance
• Weld County Library
F. A statement on the effect of annexation upon local public school district systems,
including the estimated number of students generated and the capital
construction required to educate such students.
Students generated by the development of this property will attend St.
Vrain School District RE1-J. At the time of this annexation, a
development proposal has not been defined. The existing City of
Broomfield Master Plan land use designation of Mixed Use Commercial,
calls for a maximum of 30 percent of the land area of the site to be
developed as residential. The following estimates are based on a target
density of 8 dwelling units per acre for 30 percent of the land area of the
site. The following estimates are conceptual and are only for the purpose
of this annexation impact report. Student generation, land requirements
and capital construction estimates are as follows:
Student Generation
For purpose of this impact report, it is anticipated that the future
development of residential units will be primarily multi-family dwelling units
at an average density of 8 dwelling units per acre. The property being
annexed is approximately 152 acres. The following estimates consider
30 percent of the 152 acres (approximately 46 acres) as developable for
residential purposes. Projected students generation per dwelling unit has
been calculated based on a maximum of 368 units (46 ac. x 8 du/ac =
368 units). These numbers are hypothetical, reflecting what could be built
under the proposed and Master Plan land use designation. Exact
development numbers, and corresponding impacts on the School District,
will be determined at the time a Planned Unit Development Plan and a
Site Development Plan are approved for the site.
Limestone Springs Annexation Impact Report Page 3
The numbers used below were obtained by the St. Vrain School District
The specific number of students per household is based on a District-wide
average for multi-family attached housing.
K-6/Elementary .22 student x 368 = 81 students
7-8/Middle .10 student x 368 = 37 students
9-12/High .05 student x 368 = 18 students
TOTAL 135 students
Capital Construction Requirements
Facility requirements are calculated for each school type, based on the
percentage of a facility needed to serve the students generated by a
development proposal, and the required acreage per site. Calculations
are based on the following District standards: elementary @ 10 acres and
525 students; middle school @ 25 acres and 750 students; high school at
50 acres and 1200 students.
Elementary 81 students / 525 students = 15.4 %
15.4% x 10 acres = 1.54 acres
Middle 37 students / 750 students = 4.9 %
4.9% x 25 acres = 1.23 acres
High 18 students / 1200 students = 1.5 %
1.5% x 50 acres = .75 acres
TOTAL 3.52 acres
September 13, 1999
27 L° /r
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PROPOSED _
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PRESENT AND PROPOSED BOUNDARIES OF THE
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PROPOSED ANNEXATION
PRESENT STREETS,AND THE PROPOSED
EXTENSION OF SUCH STREETS IN THE VICINITY
OF THE PROPOSED ANNEXATION.
EXISTING AND PROPOSED LAND USE PATTERN / N
IN THE AREAS TO BE ANNEXED <
EXISTING LAND USE:AGRICULTURE
PROPOSED LAND USE:MIXED USE COMMERCIAL 1000 4000
EXISTING ZONING:WELD COUNTY A linIaliMil
PROPOSED ZONING: BROOMFIELD PUD
0 2000
SEPTEMBER 16, 1999
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MAJOR TRUNK WATER LINES,AND THE PROPOSED
EXTENSION OF SUCH UTILITY LINES IN THE
VICINITY OF THE PROPOSED ANNEXATION.
WATER SERVICE SYSTEM LEGEND
FIRE HYDRANT
--t- VALVE
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--- CARTER LAKE RAW WATER
B.V. BUTTERFLY VALVE
R.H.V. RIGHT HAND VALVE 1000 4000
A . AIR VALVE
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ALL WATERLINES PRE 6' UNLESS OTHERWISE NOTE➢.
0 2000
GM-LIMESTND,DWG 2 OF 3 SEPTEMBER 16. 1998
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PRESENT SEWER INTERCEPTORS AND OUTFALLS
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UTILITY LINES IN THE VICINITY OF THE
PROPOSED ANNEXATION.
SANITARY SEWER SYSTEM LEGEND:
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NOTE:
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UNLESS OTHERWISE NOTED. 0 2000
CM-L!MESTr 3.DwI3 3 OF 3 SEPTEMBER 16. 1998
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