HomeMy WebLinkAbout20232395.tiffPLANNING & DEVELOPMENT
Planning Division
it*
TOWN OF ERIE
1 874
July 25, 2023
Weld County Commissioners
915 10th Street
Greeley, CO 80631
RE: North Westerly Annexation to the Town of Erie
Dear Commissioners,
RECEIVED
JUL 2 8 2023
WELD COUNTY
COMMISSIONERS
Please find enclosed the following documents for your review:
• Annexation Impact Report for North Westerly Annexation to the Town of Erie with
Exhibits
• Notice of Public Hearing and Approved Resolution
• Annexation Petition
Should you have any questions, please feel free to contact us at 303.926.2771.
Regards,
Melinda Helmer
Business Operations Coordinator
Town of Erie Planning Division 645 Holbrook Street - P.O. Box 750 Erie, Colorado 80516 303.926 2770
Publ ; c Rev: e() cc.so(RSIPL('f?/KID%cMfr'/ftT'/11),Pw(cat rot:own.), fson s6%G25(SG)
0£06 /23 Ov%4 /23
2023-2395
Annexation Impact Report
For
NORTH WESTERLY
Prepared for the County of Weld, Colorado
Town of Erie
645 Holbrook, PO Box 750
Erie, Colorado 80516
JULY 2023
1 of 6
2655974.1
TABLE OF CONTENTS
Introduction
I. Annexation Map
II. Utilities/Municipal Services
III. Municipal Services Financing
IV. Special Districts
V. Impact on Public School District Systems
Exhibit A Annexation Maps
Exhibit B1 Water System Master Plan
Exhibit B2 Waste Water System Master Plan
Exhibit Cl 2015 Comprehensive Land Use Plan Map
Exhibit C2 Erie Zoning Map
2 of 6
2655974.1
Introduction
This impact report is provided to Weld County pursuant to C.R.S. 31-12-108.5.
The Town of Erie, Colorado, has received an annexation petition for approximately 390
acres located within Weld County, owned by: The State of Colorado, acting by and
through its State Board of Land Commissioners.
The subject property is generally located north of Erie Parkway, east of Weld County
Road 5, west of Weld County Road 7, and south of Weld County Road 10. This project
is generally described as the portions of Section 16, Township 1 North, Range 68 West of
the 6th Principal Meridian.
The property is proposed for zoning as LR — Low Density Residential, MR — Medium
Density Residential, HR — High Density Residential, and CC — Community Commercial
under Title 10 of the Town of Erie Municipal Code. Per the bubble concept plan for the
subject property, it is anticipated that approximately two thousand two hundred and forty-
one (2,241) residential dwelling units will be constructed within the area to be annexed.
The more detailed concept plan is provided to show general concepts of potential road
alignments, this document will be updated with the more detailed design of the
community.
On August 22, 2023, the Town of Erie will hold a public hearing to consider this
annexation.
I. Annexation Maps
The subject property is depicted on the Annexation Maps, Exhibit A, attached.
Also shown on Exhibit A, pursuant to C.R.S. 31-12-108.5 is the following:
The present and proposed boundaries of the municipality in the
vicinity of the proposed annexations.
Shown on Exhibits B1 and B2 are the following:
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 annexations.
Shown on Exhibit CI and C2, attached hereto, are the following:
The 2015 Comprehensive Plan -Land Use Plan Map showing
existing and proposed land use patterns in the vicinity of the
properties to be annexed; and the current Zoning Map showing
existing zoning in the vicinity of the properties to be annexed.
3 of 6
2655974.1
II. Utilities/Municipal Services
1. Water Distribution System
The North Westerly water distribution system will follow the Town of Erie Water System
Master Plan by Merrick dated September 2013. Water looping will be provided by
connecting and extending a 12 -inch waterline within Weld County Road ("WCR") 10
along the site frontage to an existing 30 -inch waterline within Erie Parkway. There will
also be additional connections to the existing 12 -inch waterline in WCR 5 and to a 20 -
inch water line in WCR 7. Based upon coordination with Town staff, the 20 -inch
waterline in WCR 7 adjacent to the North Westerly Site is currently in design and will
likely be installed prior to construction of North Westerly. The water lines in WCR 5 and
WCR 10 (west of the site) have been previously installed with the Colliers Hill
Development. Internal looping of the waterline within the North Westerly Site will occur
in streets in order to provide water service to residences and commercial areas within the
site, per the Town of Erie Standards and Specifications.
2. Sanitary Sewer System
The North Westerly sanitary sewer system will follow the Town of Erie Wastewater
Collection System Master Plan by Merrick dated August 2020. It is anticipated that there
will be three sanitary sewer outfall points associated with the North Westerly site. It is
anticipated that a majority of the sanitary sewer outfall will proceed north in WCR 5 for
approximately 2 miles to a 30 -inch diameter sewer main at WCR 5 and Highway 52. The
30 -inch diameter sewer main is currently being designed by the Summerfield
Development which is currently in the Final Platting process in Erie. It is anticipated that
this line will be installed prior to the North Westerly development. A portion of the
northwest corner site will outfall to the west to an 8 -inch diameter sewer stub that has
been constructed under WCR 5 by the Colliers Hill Development. The southwest corner
of the site will outfall to the west along Erie Parkway and ultimately into a manhole
located on the west side of the intersection of WCR 5 and Erie Parkway to an 18 -inch
diameter sanitary sewer that was previously installed with the Colliers Hill Development.
3. Roadway Network
It is anticipated that street connections will be made to Erie Parkway, WCR 10, WCR 5
and WCR 7. Each perimeter street along the property frontage will be improved
according to the street classifications presented in the Erie Transportation Plan by
Felsburg Holt & Ullevig dated January 2018.
The interior streets will include curb and gutter. The street network will be developed to
provide dual access to neighborhood pods to meet life safety requirements. Cul-de-sacs
will be designed to meet maximum allowable length criteria. Intersection locations will
be designed with consideration of appropriate separation from existing streets.
4 of 6
2655974.1
4. Storm Drainage and Detention
There are no major drainageways that traverse the North Westerly Site. There are
multiple outfall points along the perimeter of the site as the site in general drains away
from the Community Ditch which traverses the site. The Site is located in the Town of
Erie Outfall Systems Plan (East of Coal Creek) by Merrick dated January 2020. The site
is located within both Boulder Creek and Godding Hollow drainage basins. The proposed
improvements are in general compliance with improvements contained within the Erie
Outfall Systems Plan (East of Coal Cree). There are six extended detention basins and
two open channels proposed as part of the North Westerly development. The extended
detention basins will provide water quality capture volume, excess urban runoff volume,
as well as 100 -year detention. Each pond outfall will discharge to the historic outfall
location of that drainage basin.
5. Other Utilties
AT&T currently provides telephone service within the proposed annexation vicinity. No
change in this service is proposed.
Black Hills Energy currently provides natural gas services within the proposed
annexation vicinity. No change in this service is proposed.
United Power currently provides electrical power services within the proposed
annexation vicinity. No change in this service is proposed.
Extension of these other utility services into the property proposed for annexation will be
the responsibility of the developer.
6. Police Protection
The Town of Erie provides its own police protection and will extend police protection
services to the area proposed to be included within the town's boundaries as part of this
annexation.
7. Fire Protection
The Town of Erie is served by the Mountain View Fire Protection District. This
District will extend fire protection services to the area proposed to be included within
the Town's boundcies as part of this annexation.
8. Street Maintenance and Improvements
Proposed streets within the annexation area will be constructed by the developer. The
Town will be providing maintenance of said streets after acceptance by the Public Works
Division.
5 of 6
2655974.1
9. Open Space and Recreation
To be determined with the detailed planning of the community.
10. Other Municipal Services
The Town of Erie provides municipal services such as recreation and senior services and
will extend these services to the area proposed to be included within the Town's
boundaries as part of this annexation. North Westerly will utilize re -use water where
available.
III. Municipal Services Financing
No additional infrastructure is required or proposed to provide municipal services within
the area proposed to be included within the Town's boundaries as part of this annexation.
To the extent any additional service provision occurs, such service can be accommodated
within the Town's current budget. The developer of the property will be responsible
for on -site and off -site public improvements.
IV. Special Districts
The proposed annexation area is encompassed within the following districts:
Town of Erie Fire Protection District
St. Vrain School District
Urban Drainage and Flood Control District
Northern Water Conservancy District
Left Hand Water District [note: to be excluded following annexation to the
Town]
V. School District Impact
The proposed project's impact on the St. Vrain Valley School District in terms of the
number of students to be generated by the project if 2,241 single family residential units
are developed, will be determined with more detailed planning when the numbers of
housing units by housing type is determined. The current cash -in -lieu requirements are
listed below by housing type.
Single Family = $1,143
Multi Family = $695
Duplex/Triplex = $997
Condo/Townhouse = $409
Mobile Homes = $925
In addition, any of Southern Land's Westerly housing credits remaining after Westerly is
completed, could be applied to North Westerly units.
Per the Intergovernmental Agreement ("IGA") between the St. Vrain Valley School
District, and the Town of Erie, the owner is required to pay fees to the School District
prior to the issuance of building permits.
6 of6
2655974.1
NORTH WESTERLY ANNEXATION MAP TO THE TOWN OF ERIE
A PORTION OF SECTION 76, TOWNSHIP 1 NORTH RANGE 68 WEST,
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
392.2376 ACRES
AN -001523-2022
LEGAL DESCRIPTION:
7,=======..T.,
a.�un�xcc.E.au�ay.coEv QooF=Erna ,uA0 o.,Eo<�-Es.
nuas•� n enoarcccEo :oo�wwasa<�cw,�E:.
or
ir
¢coto oxnnsnoon •*
. FEET
CONTIGUITY STATEMENT:
GENERAL NOTES:
GT
u�oF.�E�uTME.a. V<arscrnav,EenHc r+Es•.o•:,• E
EXHIBIT A
SHEET 1 OF 3
SURVEYOR'S CERTIFICATE:
acio a of suov.naarE.c.NE PaEEN.
BOARD OF TRUSTEES APPROVAL CERTIFICATE:
�.ow.00. "oxA.�oF,,,. E Fr p- ZA::Ewe Eo.No
CLERK & RECORDER CERTIFICATE:
wum000�oa�oo �
ISIGN.Nftp
NORTH WESTERLY ANNEXATION MAP TO THE TOWN OF ERIE
A PORTION L SECTION16, TOWNSHIP1NORTH,RANGE68VOVI=
6TH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO
392.2376 ACRES
AN -001523-2022
EXHIBIT A
SHEET 2 OF 3
MATCHLINE SEE SHEET 3
LEGEND
AT ION PROPERTY BOUA.
✓////A pIoE TB UROFEgRE [oNTIGIloU5
UA
RI
1NV
G8df8 -
CE oATT
KTXENG4N�EERING
NORTH WESTERLY ANNEXATION MAP TO THE TOWN OF ERIE
A PORTION OF SECTION 76, TOWNSHIP 1 NORTH, RANGE 66 WEST,
6TH PRINCIPAL MERIDIAN, COUNTY OF W ELD, STATE OF COLORADO
392.2376 ACRES
AN -007523-2022
ERrve uMOARv
A�NNEKniIOON RouN EpRE CONTIOUOUs
PROPERTY 60UNDARY
Viii/
RI
/NV
EXHIBIT A
SHEET 3 OF 3
KT.T.7 EEf
NORTH WESTERLY
EXHIBIT B1 - WATER SYSTEM MASTER PLAN EXHIBIT
ZONE 2 -TOWN OF ERIE INSTALLED
s OR TO BE INSTALLED WATER LINE
ZONE 2 -TOWN OF ERIE FUTURE
"""'� WATERLINE
ZONE 3 -TO WN OF ERIE INSTALLED
OR TO eE INSTALLED WATER LINE
ZONE 3 -TOWN OF ERIE FUTURE
...uu. WATERLINE
® ® 1Y NORTH WESTERLY OFF -SITE
WATER LINE IMPROVEMENTS
SANITARY SEWER MAP LEGEND
NORTH WESTERLY SITE BOIINOARV WWI SANITARY SEWER IMPROVEMENTS i0
BE CONSTRUCTED WRH SUMMERFIELD
DEVELOPMENT
WESTERLYNORTH WRZE
� SANRARV SEW ER IMPROVEMENTS
EXHIBIT Cl
Town of Erie, Colorado
Comprehensive Plan - 2015 Update
Land Use Plan Map
„ BOULDER COUNTY
�
f
WELD COUNTY
S
pk
❑
iY(
ei �
MINERI, RD (HWY 52. _-
area i � J /}..
i('-
(C:, ---,j
_ i'
t f t L.:
1 r1
`: Prof
��} qR
ILL���lll
,• _ �µ'`�
AG
RR
\�, \l.
�"
.T ftR
�, -'.,_ a
,}r m htOR
Frederick
Imo.
25
a�''
-._..
.� p ! I
AG G
LOOKOUT 1,2,111,:_ tG „i
p
RF
,. Y jU
� AG R
� R �•. ,a
`
RR
F
F L°R J LOR
WCR1 ? _._.
C�
CJ
a
tti"•:
'
pro �b
-
^�
nos
c "AG i.P
AG
_%� r _�
�^
m L°R
O �.{ .M' S :,:. M6�11.\
-tea "", c I
OS J/ !; L°R,
' G �
�/ .,.S�ERRDr L R
RR f RR
Ac- I ,,... ;.R.�'^",...'^ � JAY RD ■
YNS i Tai U
_ `'�WCR 101/2 RR 1} 3
a F4 j
C R TE v NpR
OR R
' L°R RL
N° !
�t
`R R ` LOR
Mu ,aP n_} �
F,..- el `_ `I
fi M LR
RR
RR LIXi
Try sne
RR �-I'F....axew
a
RS
o
..r._.�<. j
IILi
eouL5viu[
�.0�+"7 .t
-� - a �y e�w'
R BL c 5 ',2
` ., ... _
[ L0R
x i R
i"s 3 `;r �a \fir
I }
CINELD y
':.
_.._
I 'APPS
r•.
` AG
"•�-MoR
F s .r 5
ERIE PKWY ....,-r_ ...,...,, ,
A ¢¢� N, F Ind• L°R AN �
LOR
fia.
� Q
roe
--'G''� ti Y �
NS'.i LDR
t ✓ £ U
'-°R b.. "... L.
LOR L. - -
f R t
J LDR Y LOR r�l� �tL
- PAS J' RR i,.T
eR :T. ,o _WCR 6..._.
SE
LOR LF ^ILL
�' `l I(1 viii ii1 f'V✓Y�V�, q RapRT N UE�R '�eF� �p
v� r
R WCR4
_
f ovin,
� ��
Broomfield
.. `Ai ...•^n
,T,,,.Lafayette
BASELINE RD
., < RR a COR
MOR
MOH' PrcS1 p MU f�: -i LORe
.. ,. Li-ys .. wEua Go NT.V. `�11.i H.'_.H
❑
(n
VVY
7_
,,,,-:----•'^^•.•rr`
BOU OUNT RCY BROOMFIELO COUNTY
Z \I\Broomfield
ADAMS COUNTY
Thornton
Land Use Plan Legend
Ac AgnculNre more Medium Density Residential (S-12 diitacla Business "'"^""^ Canal/Ditch 0.25 0.5 1
Miles
Parks/Public Open Space e '. I -Ugh Density Residenti,12-20..0 MI Industrial - Railroad
���� 0 sPww memo ass cocr,rwnwsn=
a:, sea=rarm,r,
En Public/Quasi Public rira Downtown District = R Community Gateways"r""''''''
esey Boo O I-25 Interchange (Fa., r°""°t R^°' adar'"a."Fi ""
LF ' Landfill � a=vbma=,uK m,PNtl n tn.t =+=bPm,�tPtPPPcvk nbY w°ube
No Neighborhood Commercial �. _ County Boundary 1 Elementary School �,,,w°,n�°P�,. aeo>raom�o �"bt="td°"r°'ora"°
EU Airport ® Community Commercal ,[Middle School
Planning Area Boundary Tn=c�wren=�I.=Pb=m.mm=a�bao°esrUu.,,m,,,,�.,retm,a==.nr=,a
RR Rural Residential (0-2du/ac) Re Tonal Commereial j High School .�®� Pia==tn=�P.m�s,n�=®apaae=rere,.mmeyuPsrarss M� e
. a a, aPP°Inma °ma,V
peA,ae,n=r,aa=bP°w emro,l,�a eyr u...ea,
Loa.. Low Density Residential (2E du/ac) Mixed Use �- Areas of Special Consideration g proposed wnatn=ar=aP� ate.
mrm m, n• sw., R=b.mzoM,s PiwTvm m=m„y
Mep Revision Date: September24, 2019 O
COMMUNITY COMMERCIAL ZONING LEGAL DESCRIPTION:
LOW DENSITY RESIDNLEGAL DESCRIPTION:
rvsnl°, crouxry ofwsin,5r.reo,E;071;104;117.uvosswles°ssx°uI Ia.K
Gx lse xox ss boszs xG.Nalunsxrso/s Ku ws, s.NwmLmcoxr�sGorxspsrW
aK op � °Fs[rnon is 6FxGAFOYNOI�5..LUMINUn cqo, Ls b9n,aw spvsa Assoc, asa non
I+m;ly[ norx+u�nE+r a[�aolo�si¢oG.rigsuno z' nLUMINun cnP Ix a4NGFeox, NAannLLv ILLEGIaLE,.vLs
oeGlxxwo nrrx csxrsa v+manna °a ssmoN lu
ax rxs wssrEaL.wGNr oFwpvu ol�+veio counnn°o+"opNo°.li�oE °sca`aco
N°arx sour °sn neaFsnlo secrion e.x InE. sr.rv—xaba..n.bxrT..xolnr xmb
MEDRIM DENSITY RESIDENTIAL ZONING LEGAL DESCRIPTION:
rx. a.a. ,00��a °.g�,�,. +nv. ors�m ssaloxle. GupNcsormo.,. ar�rm.
NORTH WESTERLY ZONING MAP
LOCATED IN THE NORTHWEST QUARTER AND SOUTH HALF OF
SECTION i6, TOWNSHIP.' NORTH, RANGE 68 WEST, 6TH PRINCIPAL
MERIDIAN, TOWN OF ERIE, COUNTY OF WELD, STATE OF COLORADO
392.2376 ACRES
IZ-001524-2022
aU�l\fit'\�.tu�oM\K�
VICINITY MAP
= 3000'
HIGH DENSITY RESIDENTIAL ZONING LEGAL DESCRIPTION:
Miti4.3:g451 TOT.
suxvev esmnnsnrFo rv°ae mnnrw ?s °ten p no°oolfcaLonnrvo sr.,reP °xEnoamzoneasol nxo assn
sxown xbaa". "r""rmeNGanl unE°crxesourxsnsr v.oasKnGN is esaxGNbs�noGrcnnolsnonuxexnvows
EXHIBIT C2
SHEET 1 OF 3
SURVEYOR'S CERTIFICATE:
BOARD OF TRUSTEES APPROVAL CERTIFICATE:
CLERK & RECORDER CERTIFICATE:
cwn Gam
COL., PECOPOFR
Pcs9.,Pinc. KT EN
NORTH WESTERLY ZONING MAP
LOCATED IN THE NORTHWEST QUARTER AND SOUTH HALF OF
SECTION 16, TOWNSHIP 1 NORTH, RANGE 69 WEST, 6TH PRINCIPAL
MERIDIAN, TOWN OF ERIE, COUNTY 0IF WELD, STATE OF COLORADO
392.2376 ACRES
R-001524.2022
LEGEND
EXHIBIT C2
SHEET 2 OF 3
xmn sr�p sErnox,e
NORTH WESTERLY ZONING MAP
LOCATED IN THE NORTHWE5T'QUARTER AND SOU7H HALF OF
SECTION 16, TOWNSHIP 1 NORTH, RANGE 68 WEST, 6TH PRINCIPAL
MERIDIAN, TOWN OF ERIE, COUNTY OF WELD, STATE OF COLORADO
392.2376 ACRES
IZ-001524-2022
EXHIBIT C2
SHEET 3 OF 3
NOTICE OF PUBLIC HEARING
BOARD OF TRUSTEES
TOWN OF ERIE
To All Persons Interested:
Notice is hereby given that the Board of Trustees of the Town of Erie has adopted a Resolution
initiating annexation proceedings for the property known as the North Westerly Annexation, more particularly
described in said Resolution, a copy of which follows this notice. On August 22, 2023 at 6:30 p.m. or as soon
thereafter as the matter may be heard, the Board of Trustees will hold a public hearing at the Erie Town Hall,
645 Holbrook Street, Erie, CO 80516. The purpose of the public hearing is for the Board of Trustees to find
and determine whether the property proposed to be annexed meets the applicable requirements of Colorado
Constitution Article II, § 30 and C.R.S. § 31-12-101, et seq.
A copy of the Petition for Annexation is on file with the Town Clerk's office.
At such hearing, any person may appear and present evidence on the annexation as they may desire.
/s/ Debbie Stamp
Town Clerk
FOR QUESTIONS OR COMMENTS, CONTACT
TOWN OF ERIE PLANNING & DEVELOPMENT DEPARTMENT
P.O. BOX 750
ERIE, COLORADO 80516
PHONE: (303) 926-2770
This notice shall be published in the Colorado Hometown Weekly once a week for five successive weeks:
July 19, 2023, July 26, 2023, August 2, 2023, August 9, 2023, and August 16, 2023.
Please send the affidavit of publication and billing to:
Town Clerk
Town of Erie
PO Box 750
Erie, CO 80516
Town of Erie
Resolution No. 23-069
A Resolution of the Board of Trustees of the Town of Erie Accepting a
Petition for Annexation of a Parcel of Land Located in Unincorporated
Weld County (North Westerly) and Setting a Public Hearing on the
Annexation
Whereas, Matthew Lafontaine, authorized representative of State of Colorado, acting
by and through the State Board of Land Commissioners, as the sole owner of unincorporated
land comprising more than 50% of the area proposed for annexation pursuant to C.R.S. § 31-
12-107, has filed a petition for annexation (the "Petition") of such land to the Town, which land
is more particularly described in Exhibit A attached to the Petition;
Whereas, pursuant to C.R.S. § 31-12-108, the Town may accept the Petition, if
complete and in substantial compliance with the Municipal Annexation Act of 1965, C.R.S. § 31-
12-101, et seq., and then the Board of Trustees will establish a date, time, and place for a public
hearing to consider the annexation; and
Whereas, the Board of Trustees, at its regular meeting on June 27, 2023, reviewed the
Petition and various documents submitted in support of the Petition.
Now Therefore be it Resolved by the Board of Trustees of the Town of
Erie, Colorado, that:
Section 1. The Petition is hereby accepted and found to be in substantial compliance
with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq.
Section 2. A public hearing. is scheduled for Tuesday, August 22, 2023, at 6:30 pm, at '
the Erie Town Hall, 645 Holbrook Street, Erie, Colorado 80516, to determine if the proposed
annexation complies with the Municipal Annexation Act of 1965, C.R.S. § 31- 12-101, et seq.,
and the Constitution of the State of Colorado, Article II, Section 30, as amended.
Section 3. Any person living within the area proposed to be annexed, any landowner
of lands thereof, any resident of the Town, any municipality located within one mile of the
proposed annexation, or the Board of County Commissioners of Weld County may appear at
such hearing and present evidence upon any matter to be determined by the Board of
Trustees.
Adopted this 27th day of June, 2023.
Attest:
Debbie Stamp, a n lerk
Mayor Pro Tern
4906494 06/29/2023 01:56 PM
Total Pages: 7 Rec Fee: $43.00
Carly Koppes - Clerk and Recorder, Weld County , CO
Petition for Annexation
To: The Board of Trustees of the Town of Erie, Colorado
Re: Property Known as: North Westerly Annexation to the Town of Erie
The undersigned landowner ("Petitioner"), in accordance with Article II, § 30 of the
Constitution of the State of Colorado and Title 31, Article 12, Part 1, C.R.S., known as the
Municipal Annexation Act of 1965, hereby petitions the Board of Trustees of the Town of
Erie, Colorado (the "Board of Trustees") for annexation to the Town of Erie (the "Town")
of the following described unincorporated area situate and being in the County of Weld,
State of Colorado (the "Property"):
(See Exhibit A attached hereto and incorporated herein by reference)
In support of its Petition, Petitioner states as follows:
1. That it is desirable and necessary that the Property be annexed to the Town of
Erie, Colorado.
2. That the Property meets the requirements of C.R.S. §§ 31-12-104 and 105, in that:
a. Not less than 1/6 of the perimeter of the Property is contiguous with the existing
boundaries of the Town, disregarding for contiguity purposes, as allowed by
C.R.S. § 31-12-104(1)(a), the existence of any platted street or alley, any public or
private right-of-way, any public or private transportation right-of-way or area, public
lands (except county -owned open space) or any lakes,. reservoirs, streams or other
natural or artificial waters located between the Town and the Property. The
contiguity required by C.R.S. § 31-12-104(1)(a) has not been established by use of
any boundary of an area that was previously annexed to the Town where the area,
at the time of its annexation, was not contiguous at any point with the boundary of
the Town, and was not otherwise in compliance with C.R.S. § 31-12-104(1)(a), and
was located more than 3 miles from the nearest boundary of the Town, nor was
the contiguity required by C.R.S. § 31-12-104(1)(a) established by use of any
boundary of territory that was subsequently annexed directly to, or which was
indirectly connected through, subsequent annexations of such an area.
b. The proposed annexation will not create any disconnected municipal satellites.
c. A community of interest exists between the Property and the Town.
d. The Property is urban or will be urbanized in the near future, and said area is
4906494 06/29/2023 01:56 PM
Page 2 of 7
integrated or is capable of being integrated with the Town.
e. 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:
i. 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.
ii. Comprising 20 acres or more and which, together with the buildings and
improvements situated thereon, has a valuation for assessment in excess of
two hundred thousand dollars $200,000 for ad valorem tax purposes for the
year next preceding the annexation is included within the Property without
the written consent of the landowner(s).
f. No annexation proceedings have been commenced for the annexation to another
municipality of part or all of the Property.
g.
The annexation of the Property will not result in the detachment of area from' any
school district and the attachment of same to another school district.
h. The annexation of the Property will not have the effect of extending the boundary
of the Town more than three miles in any direction from any point of the Town's
boundary in any one year.
i. 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 Property.
Reasonable access will 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.
3. That attached hereto and incorporated herein by reference are four prints of the
annexation map, containing the following information:
J.
a. A written legal description of the boundaries of the Property.
b. A map showing the boundary of the Property.
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 Property, a drawing of the contiguous boundary of
the Town and the contiguous boundary of any other municipality abutting the
Property.
4906494 06/29/2023 01:56 PM
Page 3of7
4. That Petitioner is the owner of more than 50% of the Property, exclusive of streets
and alleys.
5. That Petitioner signed this Petition no more than 180 days prior to the date of the
filing of this Petition.
6. That this Petition satisfies the requirements of Article II, § 30 of the Constitution
of the State of Colorado in that it is signed by persons comprising more than 50%
of the landowners of the Property who own more than 50% of the Property,
excluding pubic streets and alleys and any land owned by the Town.
7. That no election has been held within the last 12 months for annexation of the
Property to the Town.
B. That upon the effectiveness of the annexation of the Property to the Town, the
entire Property shall become subject to the ordinances, resolutions, rules and
regulations of the Town, except for general property taxes which shall become
effective on January 1 of the next year following passage of the annexation
ordinance.
In connection with the processing of this Petition, the Petitioner requests that the
Town:
1. Initiate the process following the submittal of an application for zoning of the Property
to establish zoning for the Property as Medium -Density Residential (MR), Low -Density
Residential (LR), High -Density Residential (HR), and Community Commercial (CC) as
set forth in Petitioner's application therefor (the "Zoning"), in accordance with
applicable provisions of Title 10 of the Unified Development Code of the Town of Erie,
Colorado (the "UDC") and any applicable provisions of C.R.S. § 31-12-115; and
2. Approve and execute an annexation agreement acceptable to Petitioner and the Town
(the "Annexation Agreement").
Petitioner has filed this Petition subject to the following conditions:
1. Unless otherwise agreed in writing by Petitioner, the annexation of the Property
into the Town shall not be effective unless:
a. Immediately following the Board's final approval of an ordinance annexing
the Property into the Town, the Board grants final approval of (i) the
Zoning; and (ii) the Annexation Agreement, each in form and substance
satisfactory to Petitioner; and
b. The Town and Petitioner enter into the Annexation Agreement.
2. Petitioner hereby reserves the right to withdraw this Petition, and thereby prevent
4906494 06/29/2023 01:56 PM
Page4of7 f
the Property from being annexed into the Town, by so notifying the Town Clerk in
writing prior to the later to occur if:
a. The occurrence of the conditions to effectiveness of the annexation of the
Property as set forth in C.R.S. § 31-12-113(2)(b);
b. Petitioner's delivery to the Town of Petitioner's written consent described in
paragraph 3 below; and
c. A later date, if any, set forth in the Annexation Agreement.
3, Neither the Town, nor any representative thereof, shall cause or permit the
occurrence of the conditions to effectiveness of the annexation as set forth in
C.R.S. §§ 31-12-113(2)(a)(II)(A) and -113(2)(b), without the written consent of
the Petitioner. This Petition shalt not constitute such written consent.
Therefore, and subject to the conditions in this Petition, the undersigned Petitioner
respectfully requests that the Board of Trustees approve the annexation of the Property to.
the Town.
PETITIONER;
STATE OF COLORADO, acting by and through the
STATE BOARD OF LAND COMMISSIONERS
BY:
Name; Matthew LaFontaine
True: Acquisition & Disposition Manager
Date ItP,t1L 01* . 2023
Mailing Address:
1127 Sherman Street, Suite 300
Denver, Colorado 80203
4906494 06/29/2023 01:56 PM
Page 5of7
Affidavit of Circulator
The undersigned, being of lawful age, 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, consisting of 7 pages including this page, and that each
signature thereon was witnessed by the affiant and is the true signature of the person
whose name it purports to be.
State of 6btoVa. ct.C>
County of 7)2e'1Vf✓
) ss.
Circulator
Subscribed, sworn to and acknowledged before me this wl gTThay of ,�
20Z3, by Hsi
My Commission expires /t/ta+' /(ef1t oa (j
(Seal)
Notary Public
KATHERINE GRACE WEIL
Notary Public
State of Colorado
Notary ID #25224010723
My Commission Expires 03-16-2026
4906494 06/29/2023 01:56 PM
Page 6 of 7
EXHIBIT A
NORTH WESTERLY ANNEXATION PARCEL DESCRIPTION
A PARCEL OF LAND LOCATED IN SECTIONS 16 AND 9, TOWNSHIP 1 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF WELD, STATE OF COLORADO MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE ASSUMPTION THAT THE NORTH LINE OF
THE SOUTHEAST 1/4 OF SECTION 16 BEING N 89°30'52" E AND MONUMENTED AS FOLLOWS:
-CENTER 1/4 CORNER OF SECTION 16, BEING A FOUND 3.25" ALUMINUM CAP, LS 6973, RW
BAYER ASSOC., PER MON REC DATED 3-1-14.
-EAST 1/4 CORNER OF SECTION 16, BEING A FOUND 2" ALUMINUM CAP IN RANGE BOX,
PARTIALLY ILLEGIBLE, PLS 14083, PER MONUMENT RECORD DATED 4-9-96.
BEGINNING AT THE CENTER 1/4 CORNER OF SECTION 16;
THENCE N 89°30'52" E ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 16 A
DISTANCE OF 2630.74 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF WELD
COUNTY ROAD NO. 7 AS DESCRIBED IN BOOK 86 PAGE 273 SAID POINT ALSO BEING ON THE
WESTERLY BOUNDARY OF REIDER PROPERTY ANNEXATION #4 TO THE TOWN OF ERIE,
ORDINANCE NO. 670, SERIES 2000, RECORDED ON 4/27/2000 AT RECEPTION NO. 2764442;
THENCE S 00°22'39" E ALONG SAID RIGHT-OF-WAY LINE AND SAID WESTERLY BOUNDARY A
DISTANCE OF 2613.19 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF ERIE
PARKWAY (AKA WELD COUNTY ROAD NO. 8) AS DESCRIBED IN SAID BOOK 86 PAGE 273 SAID
POINT ALSO BEING ON THE NORTHERLY BOUNDARY OF ROAD 8 ANNEXATION PLAT NO. 5 TO
THE TOWN OF ERIE ORDINANCE NO. 501 SERIES 1996, RECORDED ON 6/10/1996 AT RECEPTION
NO. 2495446;
THENCE S 89°38'36" W ALONG SAID RIGHT-OF-WAY LINE AND SAID NORTHERLY BOUNDARY A
DISTANCE OF 2633.37 FEET;
THENCE S 89°38'17" W CONTINUING ALONG SAID RIGHT-OF-WAY LINE AND SAID NORTHERLY
BOUNDARY A DISTANCE OF 1343.47 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF
LAND RECORDED AT RECEPTION NO. 3158505 SAID POINT ALSO BEING ON THE EASTERLY
BOUNDARY OF ERIE HIGH SCHOOL ANNEXATION TO THE TOWN OF ERIE, COLORADO,
ORDINANCE NO. 29-2005 SERIES 2005, RECORDED ON 12/1/2005 AT RECEPTION NO. 3343856;
THENCE N 00°13'30" W ALONG THE EASTERLY BOUNDARY OF SAID PARCEL AND SAID
ANNEXATION A DISTANCE OF 1949.87 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF
THAT PARCEL OF LAND RECORDED AT RECEPTION NO. 4206840 SAID POINT ALSO BEING ON
THE SOUTHERLY BOUNDARY OF ERIE HIGH SCHOOL ANNEXATION NO. 2 TO THE TOWN OF
ERIE ORDINANCE NO. 26-2016 SERIES 2016, RECORDED ON 11/10/2016 AT RECEPTION NO.
4252511;
THENCE ALONG THE SOUTHERLY, EASTERLY AND NORTHERLY BOUNDARY OF SAID PARCEL
OF LAND AND SAID ANNEXATION THE FOLLOWING SIX (6) COURSES:
1) N 89°38'27" E A DISTANCE OF 2.00 FEET;
2) N 04°46'24" WA DISTANCE OF 110.00 FEET;
3) S 89°38'27" W A DISTANCE OF 48.00 FEET;
4) N 44°31'51" W A DISTANCE OF 339.83 FEET;
5) N 03°21'55" E A DISTANCE OF 545.00 FEET;
6) S 89°31'06" W A DISTANCE OF 1032.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF WELD COUNTY ROAD NO. 5 AS DESCRIBED IN SAID BOOK 86 PAGE 273 SAID POINT
4906494 06/29/2023 01:56 PM
Page 7 of 7
ALSO BEING ON THE EASTERLY BOUNDARY OF BRIDGEWATER ANNEXATION MAP TO THE
TOWN OF ERIE, ORDINANCE NO. 29-2004 SERIES 2004, RECORDED ON 11/19/2007 AT
RECEPTION NO. 3518319;
THENCE N 00°12'52" W ALONG SAID EASTERLY RIGHT-OF-WAY A DISTANCE OF 2358.50 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY ROAD NO. 10 AS
DESCRIBED IN SAID BOOK 86 PAGE 273;
THENCE N 89°23'44" E ALONG SAID SOUTHERLY RIGHT OF WAY A DISTANCE OF 2624.71 FEET
TO A POINT ON THE NORTH -SOUTH CENTERLINE OF SAID SECTION 16;
THENCE S 00°18'49" E ALONG SAID NORTH -SOUTH CENTERLINE OF SAID SECTION 16 A
DISTANCE OF 2607.31 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 17,085,869 SQUARE FEET OR 392.2376 ACRES
MORE OR LESS.
Hello