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Home My WebLink About982657.tiff Fiits oe, 4"P TOWN OF FREDERICK P.O. BOX 435 • FREDERICK, CO 80530 • Phone: (303) 833-2388 en A p FAX: (303) 833-3817 • METRO: (303) 659-8729 1 -cisy The Town of Frederick has received the following application: Applicant: D & H LAND DEVELOPMENT LLC Response Date: NOVEMBER S, 1998 Project: p & H-ANNF.XATTON a 7ONTNG Legal: SEE ATTACHED Location: SEE ATTACHED PLEASE FIND ENCLOSED THE NOTICE OF PUBLIC HEARING, RESOLUTION 98—R-18 AND PRELIMINARY PLAT AND PETITION The project information is submitted to you for your review and comments. Please respond by the above date. • We have reviewed the request and find that there are no conflicts. • See attached response. • Comments: Signature Date Agency Town of Frederick, P.O. Box 435 Frederick, Colorado 80530-0435 (303) 833-2388 g\) \i.Y ��, AC), ( i9 o-P ; -C ) 982657 D & H ANNEXATION PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO: D &H Land Development,LLC, the undersigned landowner, in accordance with Colorado law, hereby petition the Town of Frederick and its Board of Trustees for annexation to the Town of Frederick of the following described unincorporated territory located in the County of Weld and State of Colorado, to-wit: See legal description in Exhibit A, attached hereto and incorporated herein by this reference. As part of this petition, your petitioner further states to the Board of Trustees of Frederick, Colorado, that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the Town of Frederick. 2. The requirements of C.R.S. sections 31-12-104 and 31-12-105, 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 Town of Frederick or will be contiguous with the Town of Frederick within such time as required by 31-12-104. b. A community of interest exists between the area proposed to be annexed and the Town of Frederick. 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 Town of Frederick. e. No land within the boundary of the territory 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, comprises twenty acres or more, and which, 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 year 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 territory proposed to be annexed for the annexation of such territory to another municipality. h. The annexation of the territory proposed to be annexed will not result in the detachment of area from any school district. i. The annexation of the territory 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 boundary of the Town of Frederick in any one year. j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of Frederick will have in place a plan for that area, 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 Town of Frederick; and the proposed land uses for the area; such plan to be updated at least once annually. k. In establishing the boundary of the territory 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 territory to be annexed. The Town of Frederick will not deny reasonable access to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed to the Town of Frederick but is not bounded on both sides by the Town of Frederick. 7. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this petition and hereby petition for annexation of such territory. 8. Accompanying this petition are four copies of an annexation map containing the information following: a. A written legal description of the boundaries of the area proposed to be annexed. b. A map showing the boundary or the area proposed to be annexed, said map prepared and containing the seal of a registered engineer. c. 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 numbers of plots or of 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 2 proposed to be annexed, and a showing of the dimensions of such contiguous boundaries. 9. Upon the Annexation Ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, rules and regulations of the Town of Frederick, except for general property taxes of the Town of Frederick which shall become effective as the January 1 next ensuing. 10. The zoning classification requested for the area proposed to be annexed is P.U.D. WHEREFORE,the following petitioner respectfully requests that the Town of Frederick, acting through its Board of Trustees, approve the annexation of the area proposed to be annexed: D & an " evelo , C i By: Harvey Y ku , Manager Landowner/Petitioner Date Signed Legal Description Mailing Address of Land Owned D &H Land Development,LLC September 22, 1998 See Exhibit A attached 14707 N. 95th Street hereto and incorporated Longmont, CO 80501 herein by reference 3 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF BOULDER ) J. Harvey Yoakum, being first duly sworn upon oath, deposes and says that he was the circulator of this Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of 5 pages including this pa and that each signature hereon was witnessed by your affiant and is the signature of t erson whose name it purports to be. Cir ator Subscribed and sworn to before me this a3 F day of September, 1998 by J. Harvey Yoakum. My commission expires: C�a7 • 34, ' Notary Public 4 APPENDIX A D & H ANNEXATION LEGAL DESCRIPTION A tract of land situate, lying and being in the County of Weld, in the State of Colorado, described as follows: The Southwest Quarter of Section 23,Township 2 North, Range 68 West of the 6th P.M., County of Weld, State of Colorado. 5 RESOLUTION NO. 98-R-18 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 simultaneous consideration of the subject property for annexation and for zoning, if requested in the petitions; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petitions; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO,AS FOLLOWS: 1. The petitions, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, are 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 proposed annexation complies with C.R.S. §31-12-104, and zoning the subject property if requested in the petition, at the Frederick Town Hall, Frederick, Colorado 80530, at the following time and date: Thursday, November 12, 1998 at 7:30 P.M. 5. Any person may appear at such hearing and present evidence relative to the 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 been 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 an ordinance annexing the subject property to the Town of Frederick, and shall pass an ordinance zoning the subject property if requested in the petition. INTRODUCED, READ, SIGNED AND APPROVED this illC day of SEPTEMBER, 1998. TOyWW��N///,OF FREDERICK/n/ Edward J. Taglien Mayo ATTES : K renkowski, Town Clerk TOWN OF FREDERICK NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Trustees of the Town of Frederick has adopted Resolution 98-R-18 initiating annexation proceedings for D & H Annexation, more particularly described in the following resolution. The Town of Frederick will hold a Public Hearing on November 12, 1998 at '7:30 p.m. in the Town of Frederick Municipal Building, 333 5th Street, Frederick, CO. The purpose of the hearing is to determine whether the property proposed to be annexed meets the applicable requirements of the statutes of the State of Colorado and is eligible for annexation to the Town of Frederick and to determine the zoning of the proposed annexation. Zoning requested is PUD. Documentation of the above is available for public inspection at the Town of Frederick Administration Building, 401 Locust St., Frederick, CO during normal business hours. Dated this 25th day of September, 1998. Publication dates: October 7, 14, 21, 28 EXHIBIT A D & H ANNEXATION LEGAL DESCRIPTION The southwest quarter of Section 23, Township 2 North, Range 68 West of the Sixth Principal Meridian, except any portion within Weld County Road No. 18, also excepting any portion conveyed to the Department of Highways, State of Colorado in deed recorded in Book 1024, at page 96, County of Weld, State of Colorado. 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