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HomeMy WebLinkAbout20203281.tiffEvalls.Iilof Colorado City of Evans Land Use Application Notification RECEIVED OCT 2 7 2020 WELD COUNTY COMMISSIONERS October 21, 2020 The City of Evans Department of Planning has received the following item for: Project Title: McConnell Annexation & Zoning Case Numbers: #20-ANNX-03 & 20-ZA-03 Applicant: Kyle McConnell and Bryan Spaeth Planner: Anne Best Johnson, 970-475-2228 Project: Annexation of two parcels, 1280 Brantner Road and 4333 West Service Road. The proposed zoning of 1280 Brantner Road is Industrial, I-1. The proposed zoning of 4333 West Service Road is 85 - RC -R. You are receiving this notice in accordance with Section 31-12-108(2), Colorado Revised Statutes. as you are the owner of property located within 500' of the application listed above that is under review NOTICE is hereby given, pursuant to the Evans Municipal Code, that the Evans Planning Commission will hold a Public Hearing on the Change of Zone on Tuesday, October 27, 2020 commencing at 6:00 p.m. in the City of Evans Council Chambers located at 1100 37th Street, Evans, Colorado. The Evans City Council will also hold Public Hearings on the Annexation and the Change of Zone on Tuesday, December 1 and Tuesday, December 15, 2020 both at 7:00 pm, in the Evans Council Chambers located at 1100 37th Street, Evans, Colorado, to consider the Annexation and zoning of the two parcels. If you would like more information on the proposal, the application file is available for review. Please contact Anne Best Johnson at 970-475-2228 or abjohnsonevanscolorado.orq for further Pubic Rev;e..1 tt/oq/2o CC:So(KJ), PL (TO, CM(NW/11N/rP), PW(ER/c t/EP) ASR(wK/sG) G=S(SG) tI/oy/2.o 2020-3281 City of Evans Planning and Communiy Development 1100 37th Street, Evans, CO. 80620 (970) 475-1167 fiy at Evans, Colorado PETITION FOR ANNEXATION The undersigned, in accordance with Article 12, Title 31, CRS, as amended, hereby petition for City Council of the City of Evans, Colorado, for annexation to the City of Evans the unincorp rated territory more particularly described below, to be known as (insert name of annexation) 1114. (".4.44 II 4-≤ e fk A«.rcixE,;,., 1p '4y 4 Cve..as and in support of said Petition, petitioners allege that: 1. It is desirable and necessary that the following described territory be annexed to the City of Evans (attach legal description as Exhibit "A"); 2. Not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the City of Evans, Colorado; 3. A community of interest exists between the territory proposed to be annexed and the City of Evans, Colorado; 4. The territory proposed to be annexed is urban or will be urbanized in the near future; 5. The territory proposed to be annexed is integrated or is capable of being integrated with the City of Evans, 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 to 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 separate dedicated street, road or other public way; b) Comprising twenty (20) acres or mare and which, together with the buildings and improvements situated thereon has an assesses value in excess of Two Hundred Thousand Dollars ($200,000) for ad valorem tax purposes for the year proceeding the annexation, is included within the territory proposed 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 (Check One): More than 10 acres and the Board of County Commissioners of Weld County has agreed to waive the requirement of an impact report as provided for in section 31-12-108.5, C.R.S., as amended. More than 10 acres and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is required. 71 0 10 acres or fewer and an impact report as provided for in section 31-12-108.5, C.R.S., as amended, is not required. 10. The area proposed to be annexed is located within Weld County, and the following special districts: Water Districts t!1.21 .0 vs -.1..5 Sanitation District 6. cy .. Fvt.xf Fire District School District f1^; cf' Recreation District N�<I Library District /{;0 11 t?ta;.5 C-;br ANNEXATION AND CONCURRENT ZONING, Page 5 of 15 fiI3 of r Evans, Colorado Ambulance District 4)/A Jr. College District A; Other 10/1.2 iikA.}emspriu Zo••�L/ v S 5,h -za..,o_, 11. The mailing address of each signer, the legal description of the land owned by each signed and the date of signing of each signature are all shown on this Petition; 12. Accompany this Petition are four (4) prints of the 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; c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land, and if part or all of the area is to be platted, then the boundaries and the plat number of plots or of lots and blocks are shown; d) Next to the boundary of the area proposed to be annexed is drawn the contiguous boundary of the City of Evans, 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, which shall be covenants running with the land, and which shall, at the option of the City, appear on the annexation map; 15. Petitioner represents that: a) Water rights shall be provided pursuant to City Ordinance; b) The owners shall participate in providing drainage plans and improvement and payment of a unit drainage fee as may be required by the City for the area; c) The undersigned hereby waives any and all "vested rights" previously created pursuant to Section 24-68-103, CRS, as amended; / No part of the property to be annexed is included within any site -specific development plan approved by Weld County, Colorado; OR _ A site -specific development plan has been approved by Weld County, Colorado, which has created a vested right. d) The undersigned and the City may enter into a Pre -Annexation Agreement prior to the effective date of this annexation, which agreement shall be additional conditions as effectively as if set forth in this Petition; and 16. The petitioner understands he/she will be responsible for costs incurred by the City of Evans such as, but not limited to, advertising and recording fees, attorney fees, and other professional costs incurred by the city. (No Further Information on this Page) ANNEXATION AND CONCURRENT ZONING, Page 6 of 15 61) .r Evans, Colorado PETITION F'DR ANNEXATION SIGNATURE PAGE Executed this AI day of S eve w, k F 20 . PROPERTY OWNER(S): Prope y Owner Signature ac% crivi sFite tI Property Owner Printed Name 33 r?c .3 .S icL5/ cA se ' 171G%,et' Mailing Address t4.i1udsoe , (a 8045D City, State, Zip Email Address fza7— Saso Contact Phone STATE OF COLORADO } ss. COUNTY OF U.7.4/41 ) Pro rty Owner Signature lkylr. Zo.,.,a1j Property Owner Printed Name 132o ao 3•r-,.A.j X6,41 Mailing Address Co lfo6 ao City, State, Zip ky1P .v<<emnAttetraP5,-1611,tow, Email Address - 548—3559 Contact Phone SUBSCRIBED AND SWORN to before me this day of ,�.G,bi7z‘-« , 20 ZO, by A#4- �rrQ�r D. ',74e.eK4 f AY% e���e--7/ . (SEAL) FELICIA A ALLES-MAGEE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154039283 MY COMMISSION EXPIRES JANUARY 2, 2024 WITNESS my hand and official seal. Notary Public in and for the State of apzox My commission expires: G� 6t.4 Z� .7—eg2-5/ ANNEXATION AND CONCURRENT ZONING, Page 7 of 15 CITY OF EVANS, COLORADO RESOLUTION NO. 33-2020 A RESOLUTION REGARDING PETITION FOR ANNEXATION FILED BY MCCONNELL AND SPAETH AND SETTING THE MATTER FOR A PUBLIC HEARING WHEREAS, McConnell and Spaeth as property owners ("the Petitioner"), filed with the City Clerk a Petition for Annexation on September 29, 2020 ("the Petition"); and WHEREAS, the City Council of the City of Evans reviewed such Petition at its meeting held on October 20, 2020. FINDINGS The City Council hereby finds and concludes that the Petition substantially complies with Section 31-12-107(1), C.R.S., and that a public hearing should be held to determine if the proposed annexation of territory, commonly known as 1280 Brantner Road and 4333 West Service Road in Weld County, Colorado, complies with Section 31-12-104 and Section 31-12-105, C.R.S., or such parts thereof as may be required to establish eligibility under the terms of Section 31-12-101, C.R.S., et seq. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANS, COLORADO, AS FOLLOWS: That a public hearing shall be set for November 17, 2020, beginning at 7:00 P.M. or as soon thereafter as the matter may be heard, with such hearing to be conducted at the Evans City Council Chambers, 1100 37th Street, Evans, Colorado. The purpose of such hearing shall be to consider the Petition for Annexation and to determine whether the statutes referred to above have been complied with, whether the property is eligible for annexation, and whether the area proposed to be annexed meets the requirements of Section 31-12-104 and 31-12-105, C.R.S. PASSED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EVANS THIS 20th DAY OF OCTOBER 2020. `�9F• '��q'L': CITY OF EVANS, COLORADO ATTEST: Jul • SEAL ' • BY: Kamka, City Clerk - \.. • 'O ���rrrnnr���r Brian R CITY OF EVANS NOTICE OF PUBLIC HEARING NOTICE is hereby given, that the Evans Planning Commission and City Council will hold Public Hearings to receive input and comments on an Annexation and Change of Zone for properties located at 1280 Brantner Road and 4333 West Service Road, known as the McConnell -Spaeth Annexation through Ordinance Number 736-20 and Resolution Number 34-2020. Planning Commission will hear the proposed Change of Zone on Tuesday, October 27, 2020 starting at 6 p.m. City Council will hear the proposed Annexation and Change of Zone on Tuesday, December 1 and Tuesday, December 15, 2020 starting at 7:00 P.M. Planning Commission and City Council meetings will be held at the Evans Community Complex, Council Chambers, 1100 37th Street, Evans, CO, All persons interested in this matter may be present and may be heard. Any interested person may also file support or objections to the proposed Municipal Code Amendments at any time prior to final adoption of the proposed amendment. Additional information may be obtained from the Community Development Director, Anne Best Johnson, abjohnson@evanscolorado.gov, 1100 37th Street, Evans, Colorado, between the hours of 8:00 am and 5:00 pm, Monday through Friday. The full packet and agenda information will be available for review at: www.evanscolorado.gov Hello