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HomeMy WebLinkAbout20203715.tiffNOTICE OF PUBLIC HEARING FOR THE DREAMERS RIDGE PHASE II ANNEXATION RECEIVED DEC 1 4 2020 WELD COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public hearing commencing on Thursday, January 7, 2021 at 6:00 pm and that the Board of Trustees will then hold a public meeting commencing on Tuesday, January 26, 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 a Annexation and Zoning received from Jeffrey Wright, 5229 Mount Arapahoe Circle, Frederick, CO, 805045534; for real property located within a portion of the Section 28, 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 09th day of December, 2021 Pobl:G Reve(,) a/23/20 /20 TOWN OF FREDERICK, COLORADO By: Meghan C. Martinez, Town Clerk cc-. So(RS), PL ('rP) c M(Mtw/►.n/TP), Pw(ERkHAP), ASR(DK/s6),C rs(sG) ►2/iN/2o 2020-3715 Dreamer's Ridge Phase 2 Pb i 1 I ION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: October , 2019 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, Jeffery Allen Wright and Stephanie Jean Wright, 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 thereof, unless such tracts or parcels were separated by a 1 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. 3. The owners of more than fifty percent of the area proposed to be annexed, exclusive of dedicated streets and alleys, have signed this 2 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 unpiatted 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 R -E Residential Estate District. 3 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 a : - - ed. By this acknowledgment, the undersigned hereby certify that the . ove i • rmation is complete and true. Owner: Jeffery Allen Wright Jce9fAcauf Lr�r;�Q cu Se hanie Jean Wri ht Owner: pg /04. q Date /oh Gri Date STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged,before me this l� of , 20 / cf by My commission expires: ≤ 19/ ,7 o2-' Witness My Hand and Official Seal. 4 Not_ DANA KAY MAHER NOTARY PUBLIC STATE OF COLORADO NOd1RYlu 20194035985 pljj►� Expires September 19.2023 RECORD OF LAND OWNERSHIP AND DATED SIGNED Please print Landowner/Petitioner: Jeffery Allen Wright and Stephanie Jean Wright Mailing Address: 2880 County Road 18 Weld County, CO 80504 Date: September 24, 2019 Legal Description of Land Owned: See Exhibit A 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF ) Bruce Nickerson, 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. (A Circulator STATE OF COLORADO) )ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ;r-) — day of . `J t--6` L...( 6,4 20 1 by e r .w 11: n i My commission expires: e,(c -' U - rya -3 Witness My Hand and Official Seal. 6 �c1i tary Public CAROL EADS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194022688 MY COMMISSION EXPIRES 06/14/2023 EXHIBIT A Dreamer's Ridge Phase 2 May 15, 2019 A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING PART OF LOT B, RECORDED EXEMPTION NO. 1313-28-01 RECX16-0204 RECORDED APRIL 12, 2017 AT RECEPTION NO. 4293297, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S44. 44'45"W A DISTANCE OF 42.44 FEET TO A POINT AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF WELD COUNTY RD. 7 AND THE SOUTH RIGHT OF WAY OF WELD COUNTY RD. 18, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S00° 13'49"E ALONG THE SAID WEST RIGHT OF WAY LINE AND ALONG THE WEST LINE OF THE BALITY-HARDY ANNEXATION RECORDED SEPTEMBER 30, 2008 A DISTANCE OF 1200.91 FEET TO A POINT ON THE NORTH LINE OF LOT A OF SAID RECX16-0204; THENCE ALONG THE BOUNDARY OF SAID LOT A FOR THE FOLLOWING FIVE (5) COURSES: 1) N89°17'49"W A DISTANCE OF 371.95 FEET; 2) S48°20'05"E A DISTANCE OF 4.50 FEET; 3) S37°10'50"E A DISTANCE OF 190.38 FEET; 4) S61°01'30"E A DISTANCE OF 53.93 FEET; 5) N88°26'50"E A DISTANCE OF 207.09 FEET TO A POINT ON THE SAID WEST LINE OF ANNEXATION; THENCE S00°13'49"E ALONG SAID WEST LINE A DISTANCE OF 80.04 FEET; THENCE ALONG THE BOUNDARY OF SAID LOT B FOR THE FOLLOWING 141-1'hEN (15) COURSES: 1) S88°23'46"W A DISTANCE OF 226.71 FEET; 2) N61°09'30"W A DISTANCE OF 93.00 FEET; 3) N37°10'24"W A DISTANCE OF 199.39 FEET; 4) N48°30'59"W A DISTANCE OF 160.79 FEET; 5) N62°42'26"W A DISTANCE OF 71.19 FEET; 6) N58°41'51"W A DISTANCE OF 113.17 FEET; 7) N78°08'10"W A DISTANCE OF 64.11 FEET; 8) S62°23'42"W A DISTANCE OF 49.53 FEET; 9) S58°19'25"W A DISTANCE OF 183.82 FEET; 10) S54°11'05"W A DISTANCE OF 90.73 FEET; 11) S39°31'27"W A DISTANCE OF 124.04 FEET; 12) S28°19' 12"W A DISTANCE OF 125.30 FEET; 13) 517°26'02"W A DISTANCE OF 99.56 FEET; 14) S33°19'12"W A DISTANCE OF 139.12 FEET; 15) N00°13'40"W A DISTANCE OF 162637 FEET TO A POINT ON THE SOUTH LINE OF THE STROMQUIST ANNEXATION NO.5 RECORDED SEPTEMBER 5, 1995 AT RECEPTION NO. 3454147; THENCE N89°43'19"E ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE STROMQUIST ANNEXATION NO. 4 RECORDED SEPTEMBER 5, 1995 AT RECEPTION NO. 2454146 A DISTANCE OF 1290.90 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1,591,629 SQUARE FEET OR 36.539 ACRES, MORE OR LESS. BEARINGS ARE BASED ON EAST LINE OF THE NORTHEAST QUARTER OF SECTION 28, T2N, R68W OF THE 6TH P.M., BEARS S00°13'49"E (ASSUMED), A DISTANCE OF 2,677.75 FEET, MONUMENTED ON THE NORTH END BY A 3.25" BLM BRASS CAP "1952" AND ON THE SOUTH END BY A 3.25" ALUMINUM CAP, PLS 18482. 7 TOWN OF FREDERICK, COLORADO RESOLUTION NO. 20 -R -87A A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTY IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE "DREAMER'S RIDGE PHASE II ANNEXATION." WHEREAS, a petition for annexation of certain property has been filed with the Board of Trustees of the Town of Frederick by Jeffrey Wright. 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., January 26, 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 8th DAY OF DECEMBER, 2020. ATTEST: TOWN OF FREDERICK By By Meghan Martinez, CMC, Town Clerk Tracie Crites, Mayor EXHIBIT A A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 28. TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING PART OF LOT B, RECORDED EXEMPTION NO. 1313-28-01 RECX16-0204 RECORDED APRIL 12, 2017 AT RECEPTION NO. 4293297, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S44'44'45"W A DISTANCE OF 42.44 FEET TO A POINT AT THE INTERSECTION OF THE WEST RIGHT OF WAY LINE OF WELD COUNTY RD. 7 AND THE SOUTH RIGHT OF WAY OF WELD COUNTY RD. 18, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE S00'13'49"E ALONG THE SAID WEST RIGHT OF WAY UNE AND ALONG THE WEST LINE OF THE BALITY-HARDY ANNEXATION RECORDED SEPTEMBER 30, 2008 A DISTANCE OF 1200.91 FEET TO A POINT ON THE NORTH LINE OF LOT A OF SAID RECX16-0204; THENCE ALONG THE BOUNDARY OF SAID LOT A FOR THE FOLLOWING FIVE (5) COURSES: 1) N89'17'49"W A DISTANCE OF 371.95 FEET; 2) S48'20'05"E A DISTANCE OF 4.50 FEET; 3) S37'10'50"E A DISTANCE OF 190.38 FEET; 4) S61'01'30"E A DISTANCE OF 53.93 FEET; 5) N88'26'50"E A DISTANCE OF 207.09 FEET TO A POINT ON THE SAID WEST LINE OF ANNEXATION; THENCE S00'13'49"E ALONG SAID WEST LINE A DISTANCE OF 80.04 FEET; THENCE ALONG THE BOUNDARY OF SAID LOT B FOR THE FOLLOWING FIFTEEN (15) COURSES: 1) S8823'46"W A DISTANCE OF 226.71 FEET; 2) N61'09'30"W A DISTANCE OF 93.00 FEET; 3) N37'10'24"W A DISTANCE OF 199.39 FEET; 4) N48'30'59"W A DISTANCE OF 160.79 FEET; 5) N62'42'26"W A DISTANCE OF 71.19 FEET; 6) N58'41'51 "W A DISTANCE OF 113.17 FEET; 7) N78'08'10"W A DISTANCE OF 64.11 FEET; 8) S62'23'42"W A DISTANCE OF 49.53 FEET; 9) S58'19'25"W A DISTANCE OF 183.82 FEET; 10) S5411 '05"W A DISTANCE OF 90.73 FEET; 11) S3931'27"W A DISTANCE OF 124.04 FEET; 12) S28'19'12"W A DISTANCE OF 125.30 FEET; 13) S17'26'02"W A DISTANCE OF 99.56 FEET; 14) S33'19'12"W A DISTANCE OF 139.12 FEET; 15) N00'13'40"W A DISTANCE OF 1626.57 FEET TO A POINT ON THE SOUTH LINE OF THE STROMQUIST ANNEXATION NO. 5 RECORDED SEPTEMBER 5. 1995 AT RECEPTION NO. 3454147; THENCE N89'43'19"E ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF THE STROMQUIST ANNEXATION NO. 4 RECORDED SEPTEMBER 5. 1995 AT RECEPTION NO. 2454146 A DISTANCE OF 1290.90 FEET TO THE TRUE POINT OF BEGINNING; CONTAINING 1.591,629 SQUARE FEET OR 36.539 ACRES. MORE OR LESS. BEARINGS ARE BASED ON EAST UNE OF THE NORTHEAST QUARTER OF SECTION 28, T2N, R68W OF THE 6TH P.M., BEARS S00'13'49"E (ASSUMED). A DISTANCE OF 2,677.75 FEET. MONUMENTED ON THE NORTH END BY A 3.25" BLM BRASS CAP "1952" AND ON THE SOUTH END BY A 3.25" ALUMINUM CAP, PLS 18482. Hello