HomeMy WebLinkAbout20210417.tiffNOTICE OF PUBLIC HEARING
FOR THE CDOT PARK N RIDE ANNEXATION
RECEIVED
FEB 0 4 2021
WELD COUNTY
COMMISSIONERS
NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public meeting
commencing on Thursday, March 4, 2021 at 6:00 pm and that the Board of Trustees will then
hold a public hearing commencing on Tuesday, March 9, 2021 at 7:00 pm. Both meetings will
be held virtually with access provided via a link available online at www.frederickco.gov.
The application requests consideration of an Annexation received from Colorado Department of
Transportation, 2829 W Howard Place, Denver, Colorado, 80304; for real property located within
a portion of the Section 34, Township 2 North, Range 68 West of the 6th P.M., within the Town of
Frederick.
The Planning Commission and Board of Trustees will consider whether the proposed request meets
the requirements of the Frederick Land Use Code and whether the request should be granted
approval for the property.
To sign up to speak during Public Comment please contact the Commission Secretary Meghan
Martinez at mmartinez@frederickco.gov and provide your comments. The Secretary will read
your name, address and comments into the record. Members of the public may also utilize the chat
feature in the Zoom Meeting but comments will only be taken up until the designated public
comment time.
Copies of the full application and supporting materials submitted as well as the full-sized maps are
available for review. Please contact Project Planner Maureen at mwelsh@frederickco.gov to
receive instructions on how to access the materials.
Dated this 27th day of January, 2021
PubI :C Rev: eci
TOWN OF FREDERICK, COLORADO
By:
Meghan C. Martinez, Town Clerk
C G '. S O (RS), PL (TP), CM(,MLJ/ AT /tP),
FIXER/CH/EP), RSR (oK/s6), Gs s06,)
oa h 7 /21 co./orial
2021-0417
CDOT Park & Ride Annexation
PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK
DATE: October 7, 2020
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO.
I, Stephen Harelson, P.E., CDOT Chief Engineer, on behalf of the Colorado
Department of Transportation, 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 Exhibit A
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
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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.
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.
3. The owners of more than fifty percent of the area proposed to be
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annexed, exclusive of dedicated streets and alleys, have signed this
petition and hereby petition for annexation of such territory.
4. Accompanying this petition are four copies of an annexation map
containing the following information:
a. A written legal description of the boundaries of the area proposed
to be annexed;
b. A map showing the boundary of 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 proposed to be annexed, and a showing of the dimensions of
such contiguous boundaries.
5. 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.
6. The zoning classification requested for the area proposed to be annexed is
C -H52 with a PUD overlay.
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WHEREFORE, the following petitioner respectfully requests that the Town of
Frederick, acting through its Board of Trustees, approve the annexation of the
area propos to annexe By this acknowledgment, the undersigned hereby
certify t e a vey)for tion is complete and true.
/Sodzdza
Stephen Harson, P.E., CDOT Chief Engineer, Date
On behalf of CDOT
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 0 is1id ay
of CUC.4oh•e ' , 20 &O by SAccihun 14 Rreason
My commission expires: p ph 1 al. (Roca a
Witness My Hand and Official Seal.
4
RECORD OF LAND OWNERSHIP AND DATED SIGNED
Please print
Landowner/Petitioner: Department of Transportation, State of Colorado
Mailing Address: 2829 West Howard Place, Denver, CO 80204
Date: October 9, 2020
Legal Description of Land Owned:
See Exhibit
5
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO)
)ss.
COUNTY OF )
DAA0 I -DM(
, being first duly
sworn upon oath, deposes and says that (he or she) was the circulator of this
Petition for Annexation of lands to the Town of Frederick, Colorado, consisting of
seven (7) pages including this page and that each signature hereon was
witnessed by your affiant and is the signature of the person whose name is
purports to be.
rculator
STATE OF COLORADO)
)ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this 0?3rbday
of Gt.4obe r , 20_212 by 2 i 6 Vo X
My commission expires: C % i aaag
Witness My Hand and Official Seal.
Jacquellyn Fawn MacDougall
STATE OF COLOR DO
NOTARY ID 20%1018331
MY COMMSSION'EXPIRES APRIL 27.2027
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EXHIBIT A
COOT Park & Ride Annexation
A parcel of land being a portion of the Southeast Quarter of Section Thirty-four (34), Township Two
North (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of
Weld, State of Colorado:
COMMENCING at the South Quarter Corner of said Section 34 and assuming the South line of the
Southeast Quarter of Section 34 as bearing North 89°36'07" East a distance of 2662.24 feet with all other
bearings contained herein relative thereto:
THENCE North 89°36'07" East along the South line of the Southeast Quarter of said Section 34 a
distance of 1263.77 feet;
THENCE North 00°23'53" West a distance of 30.00 feet to the most Southerly Southeast corner of the
Wyndham Hill Annexation No. 1 recorded June 7, 2004 as Reception No. 3187002 of the Records of
Weld County and to the POINT OF BEGINNING.
The following five (5) courses are along the Southeasterly, Easterly, and Southerly lines of said
Wyndham Hill Annexation No. 1.
THENCE North 39° 58' 57" East a distance of 116.73 feet;
THENCE North 00° 55' 14" West a distance of 178.26 feet;
THENCE along the arc of a curve concave to the Southeast a distance of 457.62 feet, said curve has a
Radius of 771.00, a Delta of 34° 00' 27" and is subtended by a chord bearing North 16° 04' 59" East a
distance of 450.93 feet;
THENCE South 56° 54' 45" East a distance of 131.23 feet;
THENCE North 90° 00' 00" East a distance of 638.78 feet to the Westerly Right of Way line of Interstate
25;
THENCE South 23° 12' 57" West along said Westerly Right of Way line of Interstate 25 a distance of
585.64 feet;
THENCE South 00° 23' 53" East a distance of 86.13 feet to the Northerly line of the Weld County Rd. 13,
State Highway 52 and Wagner Property Annexation recorded September 15, 1989 as Reception No.
2191962 of the Records of Weld County;
THENCE South 89° 36' 07" West along said Northerly line of that Annexation recorded as Reception No.
2191962 and along the Northerly line of Parcel One of the Highway Oasis Annexation recorded August 5,
1993 as Reception No. 2344896 of the records of Weld County a distance of 715.56 feet to the POINT
OF BEGINNING.
TOTAL ANNEXED AREA for the Park N Ride Annexation is 10.65 acres, more or less (t).
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TOWN OF FREDERICK, COLORADO
RESOLUTION NO.20-R-07A
A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTY IN
WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID
ANNEXATION TO BE KNOWN AS THE "CDOT PARK N RIDE
ANNEXATION."
WHEREAS, a petition for annexation of certain property has been filed with the
Board of Trustees of the Town of Frederick by Colorado Department of Transportation.
WHEREAS, the Board of Trustees has reviewed the Petition;
WHEREAS, the Board of Trustees will permit consideration of the property for
annexation and zoning, as requested in the petition.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FREDERICK, COLORADO, AS FOLLOWS:
Section 1.
Section 2.
Initial Finding of Substantial Compliance. The petition, related to
property that is legally described as provided in the attached Exhibit A
("Subject Property"), which is incorporated by reference as if fully set out
herein, appears to be in substantial compliance with the requirements of
applicable laws of the State of Colorado with respect to eligibility for
annexation.
Initial Finding that Election is Not Required. Based on the information
available to the Board of Trustees at this time, it appears that an election is
not required by Section 30(1)(a) of Article II of the Colorado Constitution
and C.R.S. 31-12-107(2). Pursuant to C.R.S. §§ 31-12-107 and 31-12-111,
the Board of Trustees finds that, on this record, the annexation may be
accomplished by Ordinance.
Section 3. Terms and Conditions. No additional terms and conditions are to be
imposed except those that are provided for in the petition.
Section 4.
Date, Time, and Location of Formal Public Hearing. The Board of
Trustees will hold a public hearing for the purpose of determining if the
proposed annexation complies with the applicable requirements of the
Colorado Constitution and C.R.S. §§ 31-12-104 and 31-12-105, and will
hold a public hearing to establish the appropriate zoning of the Subject
Property as requested in the petition, at the Frederick Town Hall, 401
Locust, Frederick, Colorado 80530, at the following time and date:
7:00 P.M., March 9, 2021
Section 5.
Section 6.
Section 7.
Public Input Allowed. Any person may appear at the public hearing
scheduled pursuant to Section 4, above, and present evidence relative to
the proposed annexation or the proposed zoning.
Determinations by Board of Trustees. 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, if annexation is approved, the Board of Trustees
will determine the appropriate zoning of the Subject Property.
Formal Action by Board of Trustees. 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 into the Town of Frederick, and shall pass
one or more ordinances zoning the Subject Property as required by the
Town of Frederick Land Use Code.
Section 8. Effective Date. This resolution shall become effective immediately upon
adoption.
Section 9.
Section 10.
Repealer. All resolutions, or parts thereof, in conflict with this resolution
are hereby repealed, provided that such repealer shall not repeal the
repealer clauses of such resolution nor revive any resolution thereby.
Certification. The Town Clerk shall certify to the passage of this
resolution and make not less than one copy of the adopted resolution
available for inspection by the public during regular business hours.
INTRODUCED, READ, PASSED AND ADOPTED THIS 26th DAY OF JANUARY, 2021.
ATTEST: TOWN OF FREDERICK
By By
Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor
EXHIBIT A
CART Park & Rkle Annexation
A parcel of land being a portion of the Southeast Quarter of Section Thirty-four (34), Township Two
Notch (T.2N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of
Weld, State of Colorado:
COMMENCING at the South Quarter Corner of said Section 34 and assuming the South line of the
Southeast Quarter of Section 34 as bearing Notch 89°36'07" East a distance of 2662.24 feet with all other
bearings contained herein relative thereto:
THENCE North 89°36'17" East along the South line of the Southeast Quarter of said Section 34 a
distance of 1263.77 feet;
THENCE North 00°23'53" West a distance of 30.00 feet to the most Southerly Southeast corner of the
Wyndham Hill Annexation No. 1 recorded June 7, 2004 as Reception No. 3187002 of the Records of
Weld County and to the POINT OF BEGINNING.
The following five (5) courses are along die Southeasterly, Easterly, and Southerly lines of said
Wyndham Hill Annexation No. 1.
THENCE North 39° 58' 57" East a distance of 116.73 feet;
THENCE North 00° 55' 14" West a distance of 178.26 feet;
THENCE along the arc of a curve concave to the Southeast a distance of 457.62 feet, said curve has a
Radius of 771.00, a Delta of 34° 00' 2T' and is subtended by a chord bearing North le 04' 59" East a
distance of 450.93 feet;
THENCE South 56° 54' 45" East a distance of 131.23 feet;
THENCE North 90° 00' 00" East a distance of 638.78 feet to the Westerly Right of Way line of Interstate
25;
THENCE South 23° 12' 57" West along said Westerly Right of Way line of Interstate 25 a distance of
585.64 feet;
THENCE South 00° 23' 53" East a distance of 86.13 fed to the Northerly line of the Weld County Rd. 13,
State Highway 52 and Wagner Property Annexation recorded September 15, 1989 as Reception No.
2191962 of the Records of Weld County;
THENCE South 89° 36' 07" West along said Northerly line of that Annexation recorded as Reception No.
2191962 and along the Northerly line of Parcel One of the Highway Oasis Annexation recorded August 5,
1993 as Reception No. 23448% of the records of Weld County a distance of 715.56 feet to the POINT
OF BEGINNING.
TOTAL ANNEXED AREA for the Park N Ride Annexation is 10.65 acres, more or less (t).
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