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Home My WebLink About20240345.tiffTown of Johnstown MEMORANDUM TO: FROM: DATE: RE: Weld County Board of County Commissioners & Attorney Special Taxing Districts Lilly Cory, Planner I February 7, 2024 Front Range Fire Rescue Annexation- ANNX22-0004 RECEIVED FEB 0 9 20Z4 WELD COUNTY COMMISSIONERS LOCATION: OWNER: HEARING DATE: Parcel Number, 105906403003, is located North of Highway 60, West of Telep Avenue consisting of approximately 0.1 acres to complete the Front Range Fire Rescue site for institutional use. FRONT RANGE FIRE DISTRICT Town Council March 18th, 2024 7 PM, Town Hall On December 19, 2023 Front Range Fire District provided a Petition for Annexation for a small parcel of land that was not annexed previously. The subject property is located as Lot 1, of the Rolling Hills Ranch Phase 5, in the Town of Johnstown, County of Weld, and State of Colorado. The subject property is to be zoned PD -R1 to match the remainder of the zoning area and is currently zoned as holding agriculture. The surrounding property is the Rolling Hills Ranch Subdivision to the West (PD -R), Front Range Fire Resucue to the South (PD -R)), and Unincorporated Weld County to the North and East of the subject property. ATTACHMENTS (Property is less than 5 acres): 1- Resolution 2024-05 2- Petition for Annexation 3- Vicinity Map fk !al a z'4 u -c, (R5),ILIETZ/ HN1 Jr( P) CTP), RIC e PKif 5 P.?), ►It'Z ( i7K/J&), 615 ('5G)TP), .Z 1i3j?4 2024-0345 TOWN OF JOHNSTOWN, COLORADO RESOLUTION NO. 2024-05 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR INITIATING ANNEXATION PROCEEDINGS AND SETTING A PUBLIC HEARING DATE FOR THE FRONT RANGE FIRE RESCUE FIRE PROTECTION DISTRICT ANNEXATION WHEREAS, the Town ofJohnstown ("Town") is a Colorado home rule municipality, duly organized and existing under the laws of the State of Colorado and the Town's Home Rule Charter; and WHEREAS, the Town Council is vested with the authority to administer the affairs of the Town; and WHEREAS, on or about December 19, 2023, Front Range Fire Rescue Fire Protection District, a special district organized and existing pursuant to § 32-1-101, C.R.S., et seq., submitted a Petition for Annexation; and WHEREAS, the Town Council has reviewed the Petition for Annexation, and, finding substantial compliance as set forth below, desires to initiate annexation proceedings in accordance with the law and set a public hearing. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF JOHNSTOWN, COLORADO, THAT: Section 1. The Town Council finds that a Petition for Annexation of certain property situated in the Southeast Quarter of Section 6, Township 4 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado, consisting of approximately 0.098 acres, being more particularly described on Exhibit A, which is attached hereto and incorporated herein by this reference, filed with the Town Clerk on or about December 19, 2023, to be known as the "Front Range Fire Rescue Fire Protection District Annexation," is in substantial compliance with §31-12- 107(1), and that a public hearing should be held to determine if the proposed annexation complies with §§31-12-104 and 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility pursuant to §31-12-101, et seq. Section 2. The Town Council hereby sets a public hearing for such purposes on March 18th, 2024, at 7:00 p.m., at 450 South Parish Avenue, Johnstown, Colorado. Section 3. The Town Clerk shall publish notice of the hearing once per week for four (4) consecutive weeks in the Johnstown Breeze, with the first publication at least thirty (30) days prior to the date of the hearing. The Town Clerk shall also send a copy of the published notice, together with a copy of this Resolution and the Petition for Annexation, by registered mail to the Weld County Board of County Commissioners and to the Weld County Attorney and to any special district or school district having territory within the area to be annexed at least twenty-five (25) days prior to the date fixed for such hearing. Section 4. This Resolution shall be effective on the date hereof. PASSED, SIGNED, APPRO !!,.. D ADOPTED THIS day of c€Cca_ , 2024. • �N OF Jp� ATTEST: .•',0.,.i•'"• '''•NO). TOW O OHNSTOW , C � ORADO r 'gyp.By _.�z� ' SEAL F z By: Hannah Hill, Town Clerk -_ Troy I D on, Mayer 'KS�riws1<ds3' PETITION FOR ANNEXATION To the Town of Johnstown (Weld County) The undersigned, in accordance with Article 12, Chapter 31, CRS, as amended, hereby petition the Town Council of the Town of Johnstown, Colorado, for annexation to the Town of Johnstown the unincorporated territory more particularly described below, currently known as the Northeast corner of the FRFR Fire Station #1 parcel, and in support of said Petition, your petitioners allege that: (1) It is desirable and necessary that the following described territory be annexed to the Town of Johnstown, Colorado: See Exhibit A attached hereto and made a part hereof. (2) Not less than one -sixth (1/6) of the perimeter of that area proposed to be annexed is contiguous with the Town of Johnstown, Colorado. (3) A community of interest exists between the territory proposed to be annexed and the Town of Johnstown, Colorado. (4) The territory proposed to he annexed is urban; (5) The territory proposed to be annexed is integrated with the Town of Johnstown, Colorado; (6) The signatures of the Petition comprise one hundred percent (100%) of the landowners of the territory to be included in the area proposed to be annexed and said landowners attesting to the facts and agreeing to the conditions herein contained will negate the necessity of any annexation election; (7) 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: (a) 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; (b) Comprising twenty (20) acres or snore and which, together with the building and improvements situated thereon has an assessed value in excess of Two Hundred Thousand Dollars ($200,000.00) for ad valorem tax purposes to be annexed without the written consent of the landowner or landowners. (8) 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; (9) The area proposed to be annexed comprises less than one acre and an impact report as provided in Section 31-12-105.5, CRS. as amended, is not required. (10) The area proposed to be annexed is located within Weld Cottnty. School District RE -5J - Johnstown, Big Thompson Conservation, Front Range Fire Rescue Fire Protection District, High Plains Library District, Northern Colorado Water Conservancy District, Thompson Rivers Parks and Recreation District. Aims Junior College District, and no others; (11) 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; (12) Accompanying this Petition are five (5) prints of the area proposed to be following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) (c) (d) 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; Within the annexation boundary map there is shown the location of each ownership tract in unplattcd land, and if part or all of the area is to be platted at the time of the effectiveness of the annexation (as opposed to after such effectiveness), then the boundaries and the plat number of plots or of lots and blocks are shown; Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the Town of Johnstown, 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. (13) The territory to be annexed is not presently a part of any incorporated city, city and county, or town; (14) The undersigned agree to the following conditions, which shall be covenants running with the laud, and which shall, at the option of the Town, appear on the annexation map: - 2 - (a) Water rights shall he provided as mutually agreed to by the Town and the undersigned; The undersigned specifically agree that they have not sold or transferred any water rights appurtenant to their property within the past year nor will they do so during the pendency of this annexation petition and once annexed to the Town of Johnstown, they will not sell or transfer any water rights appurtenant to the subject property without the prior written approval of the Johnstown Town Council. (b) The owners shall participate in providing drainage plan and improvements and payment of a unit drainage fee as may be required by the Town the area; (c) The undersigned hereby waive any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, as amended. (d) The undersigned and the Town may enter into an Annexation Agreement prior to the effective date of this annexation, whirls agreement shall be additional conditions as effectively as if set forth in this Petition. (15) Petitioner represents that: (Check one) No part of the property to be annexed is included within any site specific development plan approved by Weld County, Colorado. A site specific development plan has been approved by Weld County, Colorado, which has created a vested right. (16) Submitted with this Petition is the required $ .00 for publication costs. -3- EXECUTED this I g day of N5t. , 2o23. Title: Fl/1.4- CI4,C . Name of Annexation: GYt_F . Sri4no..► STATE OF COLORADO COUNTY OF WELD )ss ) Subscribed and sworn to before me this 19 day of Occarn er 20 23 by 1 Mte t.- as te-C C kk-t x�7i o•�r -►�C�C Fi4,c 114;s e.i. on behalf of . WITNESS my hand and official seal. My commission expires: 12 • sR -202,x' of CYNTHIA A. HEESEMANN Notary Public State of Colorado Notary ID N 20174052866 My Commission Expires 12-29.2025 CAp-)1-b4u14- Notary Public -4- 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 Johnstown. Colorado, consisting of pages. including this page and that each signature thereon was witnessed by your affiant and is the true signature of the person whose name it purports to be. Circulator STATE OF COLORADO ) )ss COUNTY OF The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of , A.D., , by Witness my hand and official seal. My commission expires: Notary Public .5. LEGAL DESCRIPTION: LOT 1, ROLLING HILLS RANCH PHASE 5, TOWN OF JOHNSTOWN, COUNTY OF WELD, STATE OF COLORADO. TOGETHER WITH THOSE PORTIONS AS CONVEYED BY DEED RECORD AUGUST 30, 2005 AT RECEPTION NO. 3318001 AND CORECTION DEED RECORDED JANUARY 18, 2007 AT RECEPTION NO. 3449443 AND CORRECTION DEED RECORDED MAY 8, 2007 AT RECPTION NO. 3474369 AND DEED RECORDED DECEMBER 11, 2019 AT RECEPTION NO. 4548957 AND DEED RECORDED OCTOBER 23, 2020 AT RECEPTION NO. 4643684. EXCEPTING THOSE PORTIONS AS AUGUST 30 ,2005 AT RECEPTION NO. 3318000 AND CORECTION DEED RECORDED JANUARY 18, 2007 AT RECEPTION NO. 3449444 AND DEED RECORDED DECEMBER 11, 2019 AT RECEPTION NO. 4548957 AND DEED RECORDED OCTOBER 23, 2020 AT RECEPTION NO. 4643683. VICINITY MAP .I Mar # �!� A i% S N 7th St N 7th Pi or1 CI F'odtburg O-rie Wryhon Or Hid Ct Nttrolts Dr saij State Highway 60 et * 4, t < Li Rol irg Hills Pk►vy casting Dr Ntr Chem In CrRty:pl` or Greenbrier Ct Overland Dr I lot iF,n,9 ti fis Rand Dr SITE Goldertvue Dr Sunt-de Dr N 3rd St Lanus t 5 a s V A 11.4t) er Couity Road IS N 6th Stt tx5th St N 4th Si C I N Park 4ve a letford q Elementary School • 'r'4 Ave W South 1st St Country Aces Ct rviocana w A N 6th St T Y N Sth St N aril St N 4th St' Rorie t 7 0,2r+d Lt • 2 4 2 (Marlyn* St N1st St Chester Ct S t z V t Cottotwoot! t>. a O' p00 • • i eV sad/• • • IP 0.0 w • • • J ' To 5 fio b Steven Parks, PLS 38348 On behalf of Majestic Surveying, LLC Notice: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. (CRS 13-80-105) MAJESTIC SURVEYING PROJECT NO: 2022198 CLIENT: FRFR DATE: 8-8-2022 SCALE: 1"=1000' Hello