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HomeMy WebLinkAbout20203136.tiffNOTICE OF PUBLIC HEARING FOR THE DEAN ANNEXATION RECEIVED OCT 19 2020 WELD COUNTY COMMISSIONERS NOTICE IS HEREBY GIVEN that the Planning Commission will hold a public hearing commencing on Thursday, November 19, 2020 at 6:00 pm and that the Board of Trustees will then hold a public hearing commencing on Tuesday, December 8, 2020 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 Anne Dean, 6827 CR 7, Weld County, Colorado, 80516 for real property located within a portion of the Section 33, 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 14th day of October, 2020 TOWN OF FREDERICK, COLORADO By: Meghan C. Martinez, Town Clerk Publ:c Rev:eGJ 10/26/20 cc : SoCns) pi.(rP), cM(Kw/!4H/?il PW(ER/cH/EP),ASR(:K/r)Gxs(so l0/l9/20 2020-3136 RESOLUTION NO. 20-R-70 A RESOLUTION OF INTENT TO ANNEX CERTAIN PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE "DEAN ANNEXATION" WHEREAS, a petition for annexation of certain properties has been filed with the Board of Trustees of the Town of Frederick by Jeffrey Dean and Anne Dean; and WHEREAS, the Board of Trustees has reviewed the petition; and WHEREAS, the Board of Trustees wishes to permit consideration of the property for annexation and zoning, as requested in the petition; and WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by Resolution its findings in regard to the petition; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO, AS FOLLOWS: Section 1. The petition, whose legal description is attached hereto as Exhibit A and incorporated by reference herein, is in substantial compliance with the applicable laws of the State of Colorado. Section 2. No election is required under C.R.S. §31-12-107(2). Section 3. No additional terms and conditions are to be imposed except those provided for in the petition. Section 4. The Board of Trustees will hold a public hearing for the purpose of determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12- 105, and will hold a public hearing to determine 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., December 8, 2020 Section 5. Any person may appear at such hearing and present evidence relative to the proposed annexation or the proposed zoning. Section 6. 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, will determine the appropriate zoning of the subject property if requested in the petition. Section 7. 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 if requested in the petition. INTRODUCED, READ, PASSED, AND SIGNED THIS 13TH DAY OF OCTOBER 2020. ATTEST: By TOWN OF FREDERICK By Meghan C. Martinez, CMC, Town Clerk Tracie Crites, Mayor EXHIBIT A Legal Description of the Dean Annexation A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, THENCE SOUTH 00°00' 00" WEST, 963.79 FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90° 00' 00" WEST, 293.30 FEET; THENCE SOUTH 00° 00' 00" WEST, 56.21 FEET TO THE NORTH LINE EXTENDED WESTERLY OF THAT TRACT OF LAND CONVEYED TO NICK HARKALIS AND KATHERINE MAUL AS TO JOINT TENANTS AS DESCRIBED IN WARRANTY DEED RECORDED JUNE 5, 1958 IN BOOK 1504 AT PAGE 514 AS RECEPTION NO. 1279675, WELD COUNTY RECORDS; THENCE SOUTH 90° 00' 00" EAST, 293.30 FEET ALONG THE NORTH LINE EXTENDED WESTERLY AND ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPTION NO. 1279675 TO THE EAST LINE OF THE NE1/4 OF SAID SECTION 33; THENCE NORTH 00° 00' 00" EAST, 56.21 FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. 6827 Aggregate Blvd. Annexation PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK DATE: June 4, 2020 TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO. I, Anne Mickey Dean and Jeffrey Alan Dean, 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 ExhibitA 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 R1 Residential. 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 be annexed. By this acknowledgement, the undersigned hereby certify that the above information is complete and true. 71L, `72e17_ Owner: Anne Mickey an Date 6/L/(y Owner.Jeffrey Alan Dean Date STATE OF COLORADO) )ss. COUNTY OF 6°,0 u The foregoing instrument was acknowledged before me this 1,c day of fo 1 L , 20 2 by 4-1,‘1 p r‘l '3-F- QL y o My commission expires: -5=n4- - Witness My Hand and Official Seal. Notary Public THAMIZHARASIMURUGANANT�F#M NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20174037795 MY COMMISSION EXPIRES SEP 11,!2021 4 RECORD OF LAND OWNERSHIP Landowner/Petitioner: Anne Mickey Dean and Jeffrey Alan Dean Mailing Address: 1147 Twin Peaks Cir., Longmont, CO 80503 Date: June 4, 2020 Legal Description of Land Owned: See Exhibit A AFFIDAVIT OF CIRCULATOR STATE OF COLORADO) )ss. COUNTY OF gev/) Anne Dean, being first duly sworn upon oath, deposes and says that 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. Circulator STATE OF COLORADO) )ss. COUNTY OF @30 o L_Ped rk— The foregoing instrument was acknowledged before me this day of . NI , 202o by Pre nth M I C IKQ'-1 My commission expires: ''�). , I i / 2R, z Witness My Hand and Official Seal. THAMIZHARASI MURUGANANTHAM NOTARY PUBLIC - STATE OF COLORADO NOTARY ID 20174037795 MY COMMISSION EXPIRES SEP 11, 2021 6 Notary Public 6827 Aggregate Blvd. Annexation EXHIBIT A A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE1/4) OF SECTION 33, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M. DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 33, THENCE SOUTH 00°00' 00" WEST, 963.79 FEET ALONG THE EAST LINE OF THE NE1/4 OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90° 00'!00" WEST, 293.30 FEET; THENCE SOUTH 00° 00' 00" WEST, 56.21 FEET TO THE NORTH LINE EXTENDED WESTERLY OF THAT TRACT OF LAND CONVEYED TO NICK HARKALIS AND KATHERINE MAUL AS TO JOINT TENANTS AS DESCRIBED IN WARRANTY DEED RECORDED JUNE 5, 1958 IN BOOK 1504 AT PAGE 514 AS RECEPTION NO. 1279675, WELD COUNTY RECORDS; THENCE SOUTH 90° 00' 00" EAST, 293.30 FEET ALONG THE NORTH LINE EXTENDED WESTERLY AND ALONG THE NORTH LINE OF THAT TRACT OF LAND AS DESCRIBED AT SAID RECEPtTION NO. 1279675 TO THE EAST LINE OF THE NE1/4 OF SAID SECTION 33; THENCE NORTH 00° 00' 00" EAST, 56.21 FEET ALONG THE EAST LINE OF THE NE1/,4 OF SAID SECTION 33 TO THE TRUE POINT OF BEGINNING. COUNTY OF WELD, STATE OF COLORADO. 7 Hello