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HomeMy WebLinkAbout20191907.tiffPuc Q12i1\e_Ak) c_013/1(31 Planning & Building 130 S. McKinley Avenue Phone: 303.857.6694 Fort Lupton, CO 80621 Fax: 303.857.0351 www.fortlupton.org COME PAINT YOUR FUTURE WITH US May 28, 2019 BILLINGER ANNEXATION NOS. 1-3 ANNEXATION IMPACT REPORT RECEIVED MAY 2 11 2f i9 WELD COUNTY COMMISSIONERP Statement of Purpose This Annexation Impact Report, which has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes, is based on the Annexation Petition for an annexation known as the Billinger Annexation Nos. 1-3 submitted by the Applicant, Bradley Billinger. It is being reviewed and evaluated by the City of Fort Lupton staff, and is scheduled for review by the City of Fort Lupton Planning Commission on June 4, 2019 at 6:00 PM and City Council on June 17, 2019 at 7:00 PM. Please contact Todd Hodges or Alyssa Knutson in the Planning Department at the address on the cover of this report, or at telephone number 303-857-6694, with any comments and/or questions. Project Description The property proposed for annexation is located in the Southwest Quarter of Section 16 and the Northwest Quarter of Section 21, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The site is located approximately one mile east of South Denver Avenue, and north and adjacent to County Road 8. The total acreage of the Billinger Annexation Nos. 1-3 is 4.138 acres, more or less. The annexation meets the 1/6th or 16.67% contiguity requirements set by State Statutes. The annexation map is attached along with the vicinity map. Requested zoning for the property described herein is Agriculture and is substantially compliant with City of Fort Lupton Zoning Regulations. The land is currently zoned Agricultural in Weld County. This report is divided into six elements, which correspond to C.R.S. 31-12-108.5(1)(a) through (f) and are set forth as follows: (a) a map or maps of the municipality and adjacent territory to show the following: (I) The present and proposed boundaries of the municipality in the vicinity of the. proposed annexation; , (II) The present streets, major trunk water lines, 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 annexation and; (III) The existing and proposed land use pattern in the areas to be annexed. (b) a copy of any draft of the annexation agreement, if available; cc. vOC.R*.PLC-cc ) CM MW Wel I ) Q fat (Olen� A5RC OV 1J(„ 51214 /Kt tot -101O1 (c) a statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) a statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) a statement identifying existing districts within the area to be annexed; (f) a statement on the effect of annexation upon local public school district systems including the estimated number of students generated and the capital construction required to educate such students. The following maps* have been attached as required in subparagraph (a) of C.R.S. Section 31-12-108.5: • The present and proposed boundaries of the City of Fort Lupton in the immediate vicinity of the proposed annexation; • The present streets, major water transmission mains, primary sanitary sewer outfalls, storm drainage infrastructure, ancillary utility mainlines, irrigation canals and ditches, and the proposed extension of such streets and utility services in the vicinity of the proposed annexation; • The existing and proposed land use pattern in the area. The existing land use pattern is agricultural and residential. In addition, pursuant to the requirements of subparagraphs (b) through (f), inclusive of said section, the following items have been addressed or presented: (a) A final Annexation Agreement and Annexation Ordinance shall be submitted to the Weld County Clerk and Recorder for recording and to the Weld County Attorney, upon request. (b) The plans of the City of Fort Lupton for extending municipal services to, or otherwise providing for, municipal services to the subject property to be annexed as follows: 1. On -Site / Off -Street Improvements: The annexation agreement will address any future improvements. 2. Dry Utilities to Service Property: Electrical, telephone, cable television and natural gas facilities are located in the vicinity of the property or already serving the property to be annexed. 3. Water Transmission and Sanitary Sewer Interceptors: Water and sewer service can be extended to serve this site and will be addressed in the annexation agreement. 4. Police, Fire, and Other City Services: Police protection will be provided by the City of Fort Lupton. Fire protection will be provided by the Fort Lupton Fire Protection District. 5. Water Distribution and Sewer Collection: At the time of development that requires it, the developer of the property will be responsible for all construction of any required water and sanitary sewer systems in accordance with the City's Standards or agreements with other service providers and Specifications for on -site services. This item will be addressed in the annexation agreement. 2 6. Storm Drainage: Storm drainage should not be negatively impacted. 7. Public Lands / Open Space: The dedication of public lands and open space will be addressed in the annexation agreement. 8. Public Facility Extension: The City does not anticipate that there will be a need for the Applicants to extend or construct any offsite public facilities, i.e. recreation centers, etc., for the annexation and initial zoning. (c) In the event that property is developed further and the extension of municipal services to the annexed property is required, the development of future water, sewer, and storm water infrastructure shall be accomplished by one or more of the following Financing Methods: 1. Development Fees and Surcharges collected by the City of Fort Lupton; 2. Direct Developer Financing; 3. Metropolitan Districts; 4. Special Improvement Districts; and/or 5. Otherwise by agreement between City and the Developer as deemed appropriate. (d) Consistent with C.R.S. 31-12-108.5, the Districts and all taxing entities are identified with the current 2019 property tax mill levy attached hereto. (f) This current annexation and zoning should not have any negative impact on the Weld County RE -8 Fort Lupton School District. Any future development proposals will be sent to the School District for review and comments. The School District has received a referral request for their review and comment. *Please contact Alyssa Knutson at 720.466.6128 or aknutsonc fortlupton.org to request any of the provided maps in a larger format or in electronic format. Attachments: 1. Annexation map and vicinity map with Fort Lupton boundary 2. Comprehensive Plan Land Use Map 2018 3. Zoning map 4. Water maps 5. Wastewater maps 6. Storm drainage study area maps 7. Storm sewer map 8. Irrigation canals and ditches map 9. Ultimate Roadway Network Map 10. 2018 Tax Levies Weld County, Colorado 3 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION 2/15/2019 PRYPFRIT • wwPlaane b, sou 2020 d.r.r (sr1*q .r sr.. Si .� lul 2020. e� Mat Lb SI PM lad truidon (eh PM nor pulleulady duelled as ... Ru. rw1 x a . a Ian. 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Muhl. limn n. r/e/ f.03.116 tit n u PONY Or LINE TABLE BEARING LINE oex SWIM NEVOTSVE Sair.1301 11000 FIR 34 La OMR 'JLLINYGE/'1 ANNEXA TIONS#1, #2 AND #3 TO THE CITY OFFORTLUPTON Of Lot A, Recorded Exemption No 171-16-3 RE -4433 and a Parcel of Land Situate in the Southwest Quarter of Section 16 and the Northwest Quarter of Section 21, Township 1 North, Range 66 West of the 6th P M , County of Weld, State of Colorado .IPRI,/m SMWM e IIMrnm.n STATE If FOAM OF TM Mambo Whom. r act aged b for ms by ed dm of 29 w —"s mr .td ae.e. bly Ia4n I r �w.4e. (022[1 I. f ury wt r ap I w emr arerer Irtpn1.+. P.R. m I u • Feet Ir.0 aI ram I by y [.d 1220 Nn Roommerdedw-ep a�rn..a. m Iwra rr TIM hear tily .1 phl I u sham damribse m elamr by Roan. Ma. otr emote m Fm Lae. Carr ae .3.33.m cow I. 1 � tl� mwtll���eae my�r. u � p I pa�i.Nm�xY rnfmmtllh a�� 4w fa, 50 25 0 50 100 150 SCALE IN FEET SCALE 1.50 LEGEND [0.113.1013 WE ROMANY LWE r• -141:02,01.- O L.LMA119 Posm1 //////// DENOTES CONTIGUOUS BOUNDARY .41.xurinX_ 14 TO, ram ®��LS p 9 v.2iol PONT a 0310.03103.3311 Ie I.e. M. w es eanlxW bee I .barePM. u L4 s...I rrr. YOIYL ;=. Y' mom* maw L. , ear ILO shaN..O. i S fieteS bas ROM ., a n w .e a s 0vr MAMMY NDn suray do. al 101 sear. by NM; Simms, d hno. moa sa..n. trledEwa .11.0 p my la w .0 w0. 07 we 22011,22222 wn w 2010 r brae sa Company m 00.1 mTr.1 u ea ml mu.'mr u utr usml n1a2 my m!4rsb. i usMn 10 a 13.51.3 0 1x B2112 0i 9 [.r`vxa5112 .2 LS vxm.nw � 0 ANNEXATION #1 TABLE ad Cam 11410 S ANNEXATION 3 142269 SQ IT 1181 ACRES S89 42 20 E 476 16 VICINITY MAP scum I RIO. LCITB ,Ab 343 4X13) .4414. 139163.4, b 43019b4d M t u -V bee If. 30 COUNTY ROADS '2L-":- 202ow ANNEXATIONI2 T.4e0—azuw61 xm.lmr sixei---+28,581SQET — g 0656ACRES ANNEXATION EI 4,405 SQ n 0 101 ACRES TOTAL BOUNDARY 359 71 L F CONTIGUOUS BOUNDARY 60 00 L F 1/8 OF TOTAL BOUNDARY 30902 L.F RATIO 1 5 995 N89 42 20 W 53349 ANNEXATION N2 TABLE TOTAL BOUNDARY 1467 48 L F CONTIGUOUS BOUNDARY 280 71 L.F 1/6 OF TOTAL BOUNDARY 24458 LF RATIO 1 4 896 /4O A r/ c9, LDTv ANNEXATION #3 TABLE TOTAL BOUNDARY 1578 88 L F CONTIGUOUS BOUNDARY 476 16 LF 1/8 OF TOTAL BOUNDARY 26311 LP RATIO 1 3 315 201606394n DRAWN IT °6atoPG U A 4 8 ES nk - UN N58 V Pr Z. a PbO¢1 20160639 SHEET 1 er 1 1 J 1/4 0 I r L — 25 I; Its•s J / Growth & Development 1 Miles ana 10th _8th 6th 4th 2nd I t 10 1 El Li lij61 •r r =Bailey .. Future Land Use iD o T ' isaa, I I Existing Corporate Limits Riparian Zone Agricultural & Rural Residential Single -Family Detached Single -Family Attached Multifamily Commercial General Commercial Transition Downtown Mixed -Use Industrial Light Industrial & Office Mineral Zone Parks & Open Space Public / Semi -Public Fort Lupton Comprehensive Plan 31 I9 i1fT3Ii1 +_u:.i.::�:i: x.: .ddim_ 3,..„, lIIIITfii „.„„i „,.„„...I'„..,,„.., f?Q�IIT. 'p �., .. F .» s-r` --- ,... ,. ,...gym ., , J►r.•�IRr 11• • '�l�-♦w.+I<a �. Y'- ; 111 ' • .� _ ' ._••y...� 1 • 9 -- - .a.-. _J. y • .L .. '� J ] •••..--..D —71 .. i HM .. 1 ♦ r , , Ni•t ty g •c '. 1 - • a y • � a rr. ... , . 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R-0 R�4entW OOffice. - Estate C-1 Genial Commerical • . ' R•tA Low Density Resident* C-2 Heavy commercwl i R-1 Low Denny Residential I Light!mistral . y P 1 _ .ea R-2 Medium Density Resdential 1.2 Heavy Indust-Rai _ s, ti - - . fit♦tl ' ttr3tt*s\ :.v - ' • • • i _ R•3 HO Deady Resdential wts8OpenS ace :t OW .— 1 • ' `r .: - I rr�• •• ' ' 4 M•H Mobile Home PUD Planned Unit Development•, I . • •:; lam,` •( ) _ VylJfl Parcels Fort Lupton Qty Limits Section lines 1•t la zoiii. . ....... ••'► t!� Ra♦did © US Hglway HS Tiowns^0 Lines ;� ..w,1 . W ',cam r i e } • oSti4= 1:13,500 f . gr 40 4 .• ;b 0 0:3 0.5 O,TS l LSf 1.5 �1•..f 11-'t: a... r ♦ • �� - -+ BRIGHfO '. MartA06,2619 4 -� - • ••• — — . �a..� ..�rrr.r.w�wr —ell. 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COME PAINT YOUR FUTURE WITH US Figure 8-1 City of Fort Lupton Storm Drainage Study Area 1 Y hl 3 •1 ✓ : ,r 1 • I • • . : • • • • • • 1' :••y • • • C • •I V i ` ! 1 Oho • {- 7.1 I • `�j t#. l• • :1' 1• • ♦ '' . •,•�•� • , t•,w• • • •.r• . • `yam 1• ••• S <i.17'1i:,i Sim •• r •'•. 1 ,�11 t• • • t •` • ••. •• , '. 1^_-, t' • ,' • F •t s ▪ , , s • w • ..,C -' / r •.f I• l•:� •� •• ea. • , • 111 •••{� 1 '.i♦� , A • • , • • . . e tt s • • 44 1, `I j. I••1 •10 t 1' • : :04 l: •`1• '•I «,iI •• •7 I 11 •, �•• •w•ZMS ,t wiw •••.•• i Il CC��•• } •• I ♦ • I /• r � . • ♦ 1 •. sus •,, \ I 1 •t. •• • I ••• •`� v L 1 BSI I sums .;••r •w.�:.:. r1...a«�" , • ti •• 1 Kilt ,T I. 1. 1 •.d •;I rt•�1 I , • • %' .,� I I. t le eel • •d • am •L'' '. ` • . 5 •. • ..It. ,•� •1•• •..1, II •1 • I•I. •�•«Aii1 • • • •«i '•. • •sue.,. •I : ..� ',.,fr •i;•i1• • , r 1 • f• w•1ii1 •1.;1 ; st:• • al 1�• : , • , •!, lia . 14 .••••.1 'aale T•i•,'♦• SIONdfog •..r•/!I•.' 'j 1, t., 1 . 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Map is not for distribution among any other entity or persons other than intended recipient(s). COME PAINT YOUR FUTURE WITH US Cheyenne Tr WELD COUNTY gra ONLINE MAPPING Billinger Annexation Nos. 1-3: Irrigation, Canals, and Ditches 1,117.12 2,234.2 Feet 2,234.2 I 0 WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable THIS MAP IS NOT TO BE USED FOR NAVIGATION Fort Collins !Amer I r. - 1, _,re-A fi nwri- Legend L _..; Parcels Floodplain - 500 Year Floodplain - 100 Year Zone A Floodplain - 100 Year Floodwa Floodplain - 100 Year Zone AE Floodplain - 100 Year Zone AI- Floodplain - 100 Year Zone AC Address Label Highway County Boundary Point ■ Dam/Weir O Other Point Event • Darn Gaging Station 0 Divergence Structure • Other Darn / Tunnel - Large Scale Line Tunnel Flow Direction Connector CanalDitch Underground Conduit StreamRiver Notes Figure 9: Ultimate Roadway Network TIPPLE PKWY TO FREDERICK & DACONO SUMMIT B TO DAC•NO ~I-25 & ERIE. TO FREDERICK & FIRESTONE 1 -1 'tit :mini „111, .. t c: Alit, c etE Dititl,{jllH 11Ir �inl dm um 7000 3500 0 7000 14000 ORIGINAL SCALE: 1" = 7000' 19 Fort Lupton Transportation Plan CR 20 • quitr4t; KAHIL ST CR 103 EXISTING NETWORK LEGEND - ROAD IMPROVEMENTS a- 4 -LANE ARTERIAL RURAL COLLECTOR URBAN COLLECTOR RETAIL STREET UNION PACIFIC RR 4 -LANE HIGHWAY FORT LUPTON QTY LIMITS TO HUDSON 'TO t-f6.bb FUTURE NETWORK LEGEND - ROAD IMPROVEMENTS IN t• aaa aaaaaaa a a a a a a a aaIna aaa • 4 -LANE ARTERIAL RURAL COLLECTOR URBAN COLLECTOR RETAIL STREET NOTE: FUTURE ROADWAYS ARE SHOWN ON A CONCEPTUAL BASIS. Ultimate Roadway Network Date: 01/02/2019 11:25:31 AM WELD COUNTY TAX DISTRICT AND AUTHORITY REPORT FOR TAX YEAR 2018 Tax District - 3685 Authority Code 0100 Authority Name WELD COUNTY 0213 SCHOOL DIST RE1J-LONGMONT 0301 NORTHERN COLORADO WATER (NCW) 0406 FIRESTONE TOWN 0507 FREDERICK -FIRESTONE FIRE 0531 FREDERICK -FIRESTONE FIRE (BOND 2022) 0900 CARBON VALLEY REC 1050 HIGH PLAINS LIBRARY 1202 LONGMONT CONSERVATION 1348 STONERIDGE METRO DISTRICT ax Distr osGode Authority Name 0Q= WELD COUNTY 0 SCHOOL DIST RE8-FORT LUPTON 10309, Mill Levy 15.038000 56.385000 1.000000 6.805000 11.360000 0.601000 4.619000 3.252000 0.000000 50.000000 Total Levy 149.060000 CENTRAL COLORADO WATER (CCW) CENTRAL COLORADO WATER SUBDISTRICT (CCS), FORT LUPTON FIRE FORT LUPTON FIRE (BOND 2022) AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY PLATTE VALLEY CONSERVATION`;; Mill Levy' 15.038000, 19.480000 1.540000': 2.73900O 9.297000; 0.459000 6.305000, 3.252000; 0.000000,; 58.11000W Page 805 of 1938 CITY OF it R31117711 Etral‘) to tCd gg � fe=3 �s C t !�' waste COME PAINT YOUR FUTURE WITH US miks N F E) 4130)U f:\\ T a"isc✓ `h:r Fht .R1.1;1d Y/ J tt • `4' 6 +ixu•Ct C..1� 11 / � tl :7 w4^c.' 11 �' �� 'j i CITY OF FORT LUPTON NOTICE OF PUBLIC HEARING A public hearing has been scheduled for Tuesday, June 4, 2019 at 6:00 PM with the Fort Lupton Planning Commission and Monday, June 17, 2019 at 7:00 PM with the Fort Lupton City Council. The purpose of the public hearings is to consider an application submitted by Bradley Billinger for an annexation known as the Billinger Annexation Nos. 1-3 and initial zoning to 'A' Agricultural. The property being annexed is located approximately one mile east of South Denver Avenue, and north and adjacent to County Road 8, and is more particularly described below. The public hearings will be held at the Fort Lupton City Hall, 130 S. McKinley Ave. in Fort Lupton, Colorado. For additional information on this application, please contact the Fort Lupton Planning Department at 303-867- 6694. PROPERTY DESCRIPTION ANNEXATION NO. 1 A parcel of land being located in the Southwest Quarter (SW1/4) of Section Sixteen (16), and in the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township One North (T.1N.), Range Sixty- six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the South line of RE -4433 as bearing North 89°42'20" West a distance of 579.81 feet with all other bearings contained herein relative thereto; THENCE South 89°42'20" East along the South line of said SW1/4 a distance of 30.00 feet to the East line of Schoen Second Annexation recorded December 17, 2013 as Reception No. 3984660 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4; THENCE South 78°10'07" East a distance of 150.00 feet; THENCE South 78°44'04" West a distance of 149.71 feet to the East line of Schoen Second Annexation; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 4,405 Square Feet or 0.101 Acres, more or less (±), and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. u .c. euvai1/43 k 130 S. McKinley Avenue, Fort Lupton, CO 80621 303.857.6694 ® Fax: 303.857.0351 + www.fortlupton.org 0C ' S)691. ite) g MC MAK)/ ma( RIOk le ---P; ' c2C Y3C,) /2.11 )4, 2019-1907 CITY OF COME PAINT YOUR FUTURE WITH US PROPERTY DESCRIPTION ANNEXATION NO.2 A parcel of land being located in the Southwest Quarter (SW1/4) of Section Sixteen (16), and in the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township One North (T.1N.), Range Sixty- six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the South line of RE -4433 as bearing North 89°42'20" West a distance of 579.81 feet with all other bearings contained herein relative thereto; THENCE South 89°42'20" East along the South line of said SW1/4 a distance of 30.00 feet to the East line of Schoen Second Annexation recorded December 17, 2013 as Reception No. 3984660 of the Records of Weld County; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4 and to the POINT OF BEGINNING; THENCE South 89°42'20" East along said parallel line a distance of 566.12 feet to the East line of RE -4433; THENCE South 28°36'58" West along said East line a distance of 68.16 feet to a line parallel with and 30.00 feet South of, as measured at a right angle to the South line of said SW1/4; THENCE North 89°42'20" West along said parallel line a distance of 533.49 feet to the Southwest corner of Billinger Annexation #1; The following Two (2) courses are along the Southerly and Northerly lines of said Billinger Annexation #1; THENCE North 78°44'04" East a distance of 149.71 feet; THENCE North 78°10'07" West a distance of 150.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 28,584 Square Feet or 0.656 Acres, more or less (±), and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. 130 S. McKinley Avenue, Fort Lupton, CO 80621 303.857.6694 ♦ Fax: 303.857.0351 • www.fortlupton.org CITY OF COME PAINT YOUR FUTURE WITH US PROPERTY DESCRIPTION ANNEXATION NO.3 A parcel of land being a portion of Lot A, Recorded Exemption No. 1471-16-3 RE -4433 recorded August 1, 2006 as Reception No. 3407828 of the Records of Weld County, located in the Southwest Quarter (SW1/4) of Section Sixteen (16), Township One North (T.1N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the South line of said RE - 4433 as bearing North 89°42'20" West a distance of 579.81 feet with all other bearings contained herein relative thereto; THENCE South 89°42'20" East along the South line of said SW1/4 a distance of 30.00 feet to the East line of Schoen Second Annexation recorded December 17, 2013 as Reception No. 3984660 of the Records of Weld County; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4; THENCE South 89°42'20" East along said parallel line a distance of 89.96 feet to the West line of said Lot A and to the POINT OF BEGINNING; The following Four (4) courses are along the Westerly, Northerly and Easterly lines of said Lot A; THENCE North 00°03'48" West a distance of 253.00 feet; THENCE North 77°48'51" East a distance of 268.32 feet; THENCE South 72°26'20" East a distance of 343.85 feet; THENCE South 28°36'58" West a distance of 237.33 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4; THENCE North 89°42'20" West along said parallel line a distance of 476.16 feet to the POINT OF BEGINNING. Said described parcel of land contains 147,269 Square Feet or 3.381 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. RESOLUTION NO. 2019R036 A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING ANNEXATION PROCEEDINGS FOR THE ANNEXATION KNOWN AS THE BILLINGER ANNEXATION NOS. 1-3, AND SETTING THE PUBLIC HEARING FOR JUNE 17, 2019 WHEREAS, the Fort Lupton City Council has reviewed the annexation petition submitted Bradley Billinger for 4.138 acres, more or less, and known as the Billinger Annexation Nos. 1-3; and 130 S. McKinley Avenue, Fort Lupton, CO 80621 303.857.6694 ♦ Fax: 303.857.0351 • www.fortlupton.org CITY OF COME PAINT YOUR FUTURE WITH US WHEREAS, the Fort Lupton City Council finds the annexation petition to be complete and in substantial conformance with the requirements of C.R.S. 31-12-107 (1) as amended. NOW THEREFORE BE IT RESOLVED that the Fort Lupton City Council hereby approves this Resolution initiating annexation proceedings for the HBP Annexation No. 2, and sets the hearing date for June 17, 2019, to determine if the proposed annexation complies with C.R.S. 31-12-104 and 31-12-105, or such parts thereof as may be required to establish eligibility for annexation under the terms of Part 1, Article 12, Title 31, C.R.S. APPROVED AND ADOPTED BY THE FORT LUPTON CITY COUNCIL THIS 6th DAY OF MAY, 2019. City of Fort Lupton, Colorado s/Zo Stieber Zo Stieber, Mayor Attest: s/Maricela Pena Maricela Pena, City Clerk Approved as to form: s/Andy Ausmus Andy Ausmus, City Attorney 130 S. McKinley Avenue, Fort Lupton, CO 80621 303.857.6694 ♦ Fax: 303.857.0351 • www.fortlupton.org PETITION FOR ANNEXATION TO: THE CITY COUNCIL OF FORT LUPTON, COLORADO We, the undersigned landowners, in accordance with Colorado law, hereby petition the City of Fort Lupton and its City Council for annexation to the City of Fort Lupton of the unincorporated territory, the legal description of which is attached hereto as Exhibit A and incorporated herein by this reference, located in the County of Weld and the State of Colorado, and to be known as the Billinger Annexation Nos. 1 — 3 to the City of Fort Lupton. As part of this petition, your petitioners further state to the City Council that: 1. It is desirable and necessary that the territory described in Exhibit A be annexed to the City of Fort Lupton. 2. The requirements of Sections 31-12-104 and 31-12-105, C.R.S., 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 City of Fort Lupton or will be contiguous with the City of Fort Lupton within such time as required by Section 31-12-104. b. A community of interest exists between the area proposed to be annexed and the City of Fort Lupton. 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 City of Fort Lupton. e. No land within the boundary of the area 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 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, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprises twenty acres or more, and, 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 area proposed to be annexed for the annexation of such area to another municipality. The area proposed to be annexed is not part of any incorporated city, city and county, or town. 1 h. The territory proposed to be annexed does not include any area which is the same or substantially the same area in which an election for an annexation to the City of Fort Lupton was held within the twelve months preceding the filing of this petition. i. The annexation of the area proposed to be annexed will not result in the detachment of said area from any school district. j. The annexation of the territory proposed to be annexed will not have the effect of extending the boundary of the City of Fort Lupton more than three miles in any direction from any point of the boundary of the City of Fort Lupton in any one year. k. The territory to be annexed is 4.138 acres, more or less, in total area. 1. Prior to completion of the annexation of the area proposed to be annexed, a plan will be in place, pursuant to Section 31-12-105 (1) (e), C.R. S., 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 City of Fort Lupton, and the proposed land uses for the area. m. In establishing the boundary of the area proposed to be annexed, if a portion of a platted street or alley is tobe annexed, the entire width of the street or alley has been included within the area annexed, and reasonable access will not be denied to any landowners, owners of any easement, or the owners of any franchise adjoining any platted street or alley which is to be annexed but is not bounded on both sides by the City of Fort Lupton. n. If required, an impact report will be prepared and filed pursuant to Section 31- 12-108.5, C.R.S.. 3. The signer(s) of this petition comprise(s) more than fifty percent (50%) of the landowners and own more than fifty percent (50%) of the property, excluding public streets and alleys and any land owned by the annexing municipality, and are, in fact, owners of one hundred percent (100%) of the property set forth in Exhibit A attached hereto and incorporated herein by reference. 4. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City Council, a minimum of fifteen (15) copies of an annexation map shall be submitted to the City, produced with an engineer's scale, minimum scale to be one (1) inch represents one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four (24) by thirty-six (36) inches, containing the following information: a. The date of preparation, the scale and a symbol designating true north. b. The name of the annexation. c. The names, addresses and phone numbers of the applicant and the firm or person responsible for preparing the annexation map. d. The legal description. e. Distinction of the boundary that is contiguous to the City and the length of same. f. Lot and block numbers if the area is already platted. g. Existing and proposed easements and rights -of -way. 2 h. Existing and requested zoning and acreage of each requested zone. i. Ownership of all parcels within and adjacent to the annexation. j. Appropriate certification blocks as directed by the Planning Department. 5. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City Council, a minimum of fifteen (15) copies of a master plan shall be submitted to the City of Fort Lupton, produced with an engineer's scale, minimum scale to be one (1) inch represents one hundred (100) feet, on a reproducible medium with outer dimensions of twenty-four (24) by thirty-six (36) inches, containing the following information. a. The date of preparation, the scale and a symbol designating true north. b. The name of the annexation. c. The names, addresses and phone numbers of the applicant and the firm or person responsible for preparing the master plan. d. Existing and proposed easements and rights -of -way. e. Block numbers and lot numbers with approximate dimensions. f. Proposed gross and net residential density. g. Existing watercourses with adequate easements for flood control. h. Designation of all public sites to be reserved and dedicated. i. Existing two -foot contours. j. Appropriate certification blocks as directed by the Planning Department. 6. At least fifteen (15) days prior to the presentation of this petition to the Fort Lupton City Council, a minimum of five (5) copies of all required supportive information shall be submitted to the City of Fort Lupton which shall include the following: a. Soils description and limitation. b. Preliminary utility plan. c. Mailing addresses of all property owners within three hundred (300) feet of the annexation. d. Affidavit concerning the amount and historical use of all water rights owned. e. Vicinity map with one and one-half (1 I/2) mile radius, at a minimum scale of one (1) inch represents two thousand (2,000) feet. f. Statement on community need for proposed annexation and zoning. g. For all annexations in excess of ten (10) acres, the applicant shall obtain from the school district governing the area to be annexed a statement of the effect of the annexation upon the school district, including an estimate of the number of students generated by the proposed annexation and the capital construction required to educate such students. 7. Upon the annexation ordinance becoming effective, all lands within the area proposed to be annexed will become subject to all ordinances, resolutions, rules, and regulations of the City of Fort Lupton, except for general property taxes of the City of Fort Lupton, which shall become effective as of the January 1 next ensuing. 3 8. The zoning classification requested for the area proposed to be annexed is Agriculture, as shown on the annexation map attached hereto and incorporated herein. 9. As required by the City of Fort Lupton, an annexation agreement has been or will be executed by the petitioners herein and the City relating to this annexation and the petitioners hereby expressly consent to the terms and conditions set forth in the annexation agreement. 10. As an expressed condition of annexation, landowner(s) consent(s) to petition for inclusion into the Northern Colorado Water Conservancy District and the municipal sub district pursuant to Section 37-45-136 (3.6) C.R.S. to pay the appropriate fees and costs associated with such inclusion. Landowner(s) acknowledge(s) that, upon inclusion into the district and subdistrict, landowner's(s') property will be subject to the same mill levies and special assessments as are levied or will be levied on other similarly situated property in the district and subdistrict at the time of inclusion of landowners(s') lands. Landowner(s) agree(s) to waive any right to an election which may exist to require an election pursuant to Article X, Section 20, of the Colorado Constitution before the district and subdistrict can impose such mill levies and special assessments as it has the authority to impose. Landowner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution. 11. The non-refundable annexation application fee of $783.81 is tendered herewith. 4 THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton, to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signature(s) Bradley Billinger Mailing Address Date of Signing 14037 Cty. Rd. 8 Fort Lupton, CO 80621 The foregoing signature(s) was/were subscribed and sworn to before me this Mal , 20 A, by Bradley Billinger. Witness my hand and official seal. My commission mmission expires on 1 i ROa I sb.tt ,pdc Notary Public Land Owned See Exhibit B attached hereto. If necessary, attach separate sheet. 3 day of AMBER A HOLBROOK NOTARY PUBUC STATE OF COLORADO NOTARY ID 20194037310 My Commission Expires September 11, 2021 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) , je wer )ss. G;4* COUNTY OF WEtB% ) Sa ckk A • 06+11 , being first duly sworn, states upon oath that he/she is the circulator of the petition`lo which this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on said petition is the signature of the person whose name it purports it to be. ,G✓ut.�L �' &z) (Signature of Circulator) The foregoing Affidavit was subscribed and sworn to before me this m a� , 203!..L., by 5ar&L A • Q54.11,. Witness my hand and official seal. My commission expires on 6 ELAINE KAY PEARSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19874180863 MY COMMISSION EXPIRES JUNE 22, 2022 , 3'1 day of 6 EHXIBIT A LEGAL DESCRIPTION Billinger Annexation #1 A parcel of land being located in the Southwest Quarter (SW1/4) of Section Sixteen (16), and in the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township One North (T.1N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the South line of RE - 4433 as bearing North 89°42'20" West a distance of 579.81 feet with all other bearings contained herein relative thereto; THENCE South 89°42'20" East along the South line of said SW1/4 a distance of 30.00 feet to the East line of Schoen Second Annexation recorded December 17, 2013 as Reception No. 3984660 of the Records of Weld County and to the POINT OF BEGINNING; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4; THENCE South 78°10'07" East a distance of 150.00 feet; THENCE South 78°44'04" West a distance of 149.71 feet to the East line of Schoen Second Annexation; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 4,405 Square Feet or 0.101 Acres, more or less (±), and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Billinger Annexation #2 A parcel of land being located in the Southwest Quarter (SW1/4) of Section Sixteen (16), and in the Northwest Quarter (NW1/4) of Section Twenty-one (21), Township One North (T.1N.), Range Sixty-six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the South line of RE - 4433 as bearing North 89°42'20" West a distance of 579.81 feet with all other bearings contained herein relative thereto; THENCE South 89°42'20" East along the South line of said SW1/4 a distance of 30.00 feet to the East line of Schoen Second Annexation recorded December 17, 2013 as Reception No. 3984660 of the Records of Weld County; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4 and to the POINT OF BEGINNING; THENCE South 89°42'20" East along said parallel line a distance of 566.12 feet to the East line of RE -4433; THENCE South 28°36'58" West along said East line a distance of 68.16 feet to a line parallel with and 30.00 feet South of, as measured at a right angle to the South line of said SW1/4; THENCE North 89°42'20" West along said parallel line a distance of 533.49 feet to the Southwest corner of Billinger Annexation #1; The following Two (2) courses are along the Southerly and Northerly lines of said Billinger Annexation #1; THENCE North 78°44'04" East a distance of 149.71 feet; THENCE North 78°10'07" West a distance of 150.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 28,584 Square Feet or 0.656 Acres, more or less (±), and is subject to any rights -of -way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Billinger Annexation #3 A parcel of land being a portion of Lot A, Recorded Exemption No. 1471-16-3 RE -4433 recorded August 1, 2006 as Reception No. 3407828 of the Records of Weld County, located in the Southwest Quarter (SW1/4) of Section Sixteen (16), Township One North (T.1N.), Range Sixty- six West (R.66W.) of the Sixth Principal Meridian (6th P.M.), County of Weld, State of Colorado and being more particularly described as follows: COMMENCING at the Southwest corner of said Section 16 and assuming the South line of said RE -4433 as bearing North 89°42'20" West a distance of 579.81 feet with all other bearings contained herein relative thereto; THENCE South 89°42'20" East along the South line of said SW1/4 a distance of 30.00 feet to the East line of Schoen Second Annexation recorded December 17, 2013 as Reception No. 3984660 of the Records of Weld County; THENCE North 00°00'25" East along said East line a distance of 30.00 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4; THENCE South 89°42'20" East along said parallel line a distance of 89.96 feet to the West line of said Lot A and to the POINT OF BEGINNING; The following Four (4) courses are along the Westerly, Northerly and Easterly lines of said Lot A; THENCE North 00°03'48" West a distance of 253.00 feet; THENCE North 77°48'51" East a distance of 268.32 feet; THENCE South 72°26'20" East a distance of 343.85 feet; THENCE South 28°36'58" West a distance of 237.33 feet to a line parallel with and 30.00 feet North of, as measured at a right angle to the South line of said SW1/4; THENCE North 89°42'20" West along said parallel line a distance of 476.16 feet to the POINT OF BEGINNING. Said described parcel of land contains 147,269 Square Feet or 3.381 Acres, more or less (±), and is subject to any rights -of -way or other easements of record or as now existing on said described parcel of land. ,/1./701. BILLINGERANNEXATIONS#1, #2AND#3 TO THE CITY OF FORTLIIPTON Of Lot A, Recorded Exemption No. 171-16-3 RE -4433 and a Parcel of Land Situate in the Southwest Quarter of Section 16 and the Northwest Quarter of Section 21, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado M. egaMI. rr.r.MA* am. PM/or+.*OM..0q 1, �:STim.1• r�.� .Myrboy r.—wrr......r... N* W rvw �M w Sour. Am.... OIL T..r. a. Mr R.U. Now >rtr.r Moo w �W (be xowrMn .m al Yana. r.., N TIN= rte, a ••• loam. r r MM.. nob r r_..r m Ida a I. WNW w . *1 r NY, MWS*. wow of iidfl Ilse. 0 Gab a r ti.. Too GI I* • m— u.r. TM Mt of to Oa* wi.. Wb r r M Part r rrrOmmlior * W IN Mir& arypo ha mamma•. ..da r r. 0••Mea'.dW.r1 TWA •••••• .• Do.err mar•r...r TO!. W OOLw AWN. r•*Wm eIwl. 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"0.w rmMrmreraE t. r. *TM W.•rt •r rrrrr•.ra Sow Soma tir In am** mar .. .mar r. ) Ora) OYlY.0E011.mr•r01Y lblobleml• M mom. .w Mao ar Sow rwrr r ter. mar My of Forl .wM Sob... W .w r r* II. 00--.1•• • 990910094901. Tr . r raid.. • Mt rM Om MM. MM... mom. w ft...r of Mr, a.r.d aFa l.M rrr. r.....r W% bawd,r ihmy.•r•.r•�.W rY Mr,.I.N�I�W \.Yri m E 0 TOO ISO WALE SCALEr. LEGEND //////// DENOTES CONTIGUOUS BOUNDARY ammI•r•..rea..* ••• ACA -2.3 ..,r.a*Ma.r.FeR �. err wr.Y.•r,r..YNO.W..Y..r... r r Soma•• r r•Mr . a..r— Owl* r.rFr' a •••••. ▪ OW• Oa e.iL M`Imam no• M r. w3. �.•r of Ma �r fraT44404/ two mar a.rYr liod .•w. iImadd.Ynw..rw.waM MKmOQri I W., Mr Y.ar rad*— r. am. r. w M w norm* r.a ramI M• ON•I .rye ammo. M ...dam dM.ww �rY I* In 4R f OW' . .... Ma - 1.1YW1 r. — P od Na— /Sob 8 �au�i Fl a us ..r a mownP OMB FLOM R.• MOTO e. j rr4 amrm.t NINON. is ANNEXATION #1 Tang ANNEXATION Al E90582fT. 0.101 ACRES TOTAL BOUNDARY: 359.71 LF. CONTIGUOUS BOUNDARY: 60.00 LF. 1/6 OF TOTAL BOUNDARY: 909.02 LF. RATIO: 1:5.995 VICINITY MAP exa r-0011 ANNEXATION A3 14'4.0 sq.1T. 3.391 ACRES N69'42'1D'w 533.49 421,1 SANS LOTS agaYNT ANNEXATION 42 TABLE TOTAL BOUNDARY: 1487.48 LP. CONTIGUOUS BOUNDARY: 299.71 L.P. 1/6 OF TOTAL BOUNDARY: 244.58 LF. RATIO: 1:4.896 LOP, A LEATIOON 13 TAB B TOTAL BOUNDARY: 1578.66 LF. CONTIGUOUS BOUNDARY: 476.16 LF. 1/6 OF TOTAL BOUNDARY: 269.11 LF. RATIO: 1:3.315 .E NM 20140430M4 MLA 1•�0' rONI ON •br1 PO 8 0d E I *PM • 1111901100 1 MEET I OI I Hello