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Address Info: 1150 O Street, P.O. Box 758, Greeley, CO 80632 | Phone:
(970) 400-4225
| Fax: (970) 336-7233 | Email:
egesick@weld.gov
| Official: Esther Gesick -
Clerk to the Board
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Planning & Building 130 S. McKinley Avenue Phone: 303-857-6694 Fort Lupton, CO 80621 Fax: 303.857.0351 www.fortlupton.orq COME PAINT YOUR FUTURE WITH US May 28, 2019 HBP ANNEXATION NO. 2 ANNEXATION IMPACT REPORT RECEIVED MAY 2 4 20;9 WELD COUNTY COMMISSIONERS 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 HBP Annexation No. 2 submitted by the Applicant, Hunt Brothers Properties, Inc. 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 Northwest Quarter of Section 18, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. The site is situated approximately a half mile north of County Road 8, and west and adjacent to U.S. Highway 85. The total acreage of the HBP Annexation No. 2 is 30.354 acres, rrmre 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; P�bl c.o Cs /3/1°1 C,C.:SQ(.c PLCTP), CMCMW I Mu"\I- W, PWC.IeAtlEP:, ASRCDv,IJc,� 2.O1q —190Z (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. . 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 7230.466.6128 or aknutson@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 reap 9. Ultimate Roadway Network Map 10. 2018 Tax Levies Weld County, Colorado 3 HBP ANNEXATION NO.2 TO THE CITY OF FORT LUPTON PROPERTY DESCRIPTION: taliKELTDI '".`x"..TEO arr ea `I,A0 , eo° xrmn°tll'F"o' &alo1pAs""rou°""asf: i° E WiTri 7°17 AC T:2004 INVITE Pd" ,xE tvu.0n'xK n°f e D l col wxr� °1wAv. of"us t u'' s su pNO mrt, 'r'm wEs'w>•`rri EWBIE eF BEGINNING; ET 6T ggl, SWAP' ME xam1Esrly±o£ES ao• W EE, SIB]J''',sEIrxdCE o,n o 9o' a e°.IS r;g-kI OF ELoa O.°0Oa AFET: {HErICE rAn. 20,p0 fFE1 TO ME OWNER'S -APPROVAL x0. _ r xu,rt RRo a°'° r 000 0 u 0 mx aFE4°ed a x TO ME arc of gr ute. "A'�E'AN° IN mums WHEXOF, WE HAVE HEREUNTO SET OUR HANDS AND MIS Tx__ MY OF 20 — FOR AND ON BEHALF OF: HUNT BROTHERS PROM... INC.. A COLORADO CORPORATION NAME TITLE =001100 THE FOREGOING INSTRUMENT WAS ACKNOWIED(MD DOME ME BY ON THIS OAT OF WITNESS MY HAND AND OEN° . SPA LW COLINIMON Part of the Northwest 1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. Sheet 1 of 2 1W a Rd VICINITY MAP: 1"=1000' ANx18-XXX PLANNING COMMISSION RECOMMENDATION: THIS IS TO CERRA' THAT THE ANIND(ADON MAP OF THE MOVE —DESCRIBED PRDPERP/ WAS RECENMENDED TO INF FM LUPTON CITY WU.. VIA RESOLUTION NO. RrrnxDFADED TINS ANY OF >o—. MAYOR'S CERTIFICATE: CIIIIys is ro�PRt11 ?HIV AClOENAPON NAP OOFF TME � eF CCRRIBT]EIDµ PRrOµ0010 FL•S Oi' irtAni , AR F Rr` �HER_E�_BY WAA AUTHORIZED kY p ADOOPTS THEESN PLAT D ON mcx T. CFA LAI�L FOR ALL PURPOSES MFR.. MAYOR are CLERIC SURVEYOR'S STATEMENT: EB°'c"vm044r4 TMP 11101 SUD alit= MITE VERTFIVi roTo�EfApLL�o ui NEFdlx5 SU0.FtV DOM Mrs COMIOWUS IOM THE u xIGOwAESew "DF 1xEEutt OF NRT°f mONEv[0N A G I V.TcTco POPoRAMNL D _ NC. (H8P1(ASPHAV SPEGMTIES CO.. INC. Wen PHONE ] a-3ORS"'DERS x. cD 000.0 lY _ Jdni,pyricant. Weal nddSuarve}nng Co. PO Bee I20, BII9Mn Oa BOE01 • hW-MY-1512 FF0S653-6515 • armed.. Rm. DATE suLE t too' coN CHECKED EY: URN CUM, AScl FOCI 2:1n-SOTIC N60YASIR\Dp.Duv Tan s ARxEA1 P HO JCO*0 F,. HBP ANNEXATION NO.2 TO THE CITY OF FORT LUPTON Part of the Northwest 1/4 of Section 18, Township 1 North, Range 66 West of the 6th P.M., County of Weld, State of Colorado. Sheet 2 of 2 Oua `A'(PPwur oRa 1 s6cP'AE°aduTeo wc66Yno' 14 1,00.40.3142644.70. NOTES: t1 Hl5 R o1gl'E i g,1 1 SxOYM xE11E0.V .UtE PA;T:➢ OPOxWIELO THE xoRnl uxE aP iH COUNTY,. 1&A0 SIN. OF NORM 6s, w6T of mE ON P.u.. wu> mD BY A COLORADO F ALUMINUM 2. AMOUR cw Pls00ise33i-`�H) a THE WEST DO R WM 2 1/2 u MOD dOM Au BEARINGS SHOWN HEREON niERsou WNO Nx.x.DEY 03723X: OwO�H�E�.1c wN-"t2fM1EyE 1 Puisuwr �iurt eY°iN--saes, ea".s. WORD %ERTPY OR 'c0 TIEKA ON' BY A REGISTERED 3 SUFVFna W r Pan s aP I.wD wCERTIRCATIONx+F1xG. tou511nnEs ul ExPREssDN .CONSI mwE PACTS OP R OTIA WHICN 'E suertvT DP THE . ANO Oo6NxDT CONSTITUTE A WARRANTY DR GOAP.MnEE MMIFR EWRE51 OR 56666.(3) Xw.8D� zoo, I ORMNRC�wp11RM RSIPoOrKI04 IXL�1RR0 440 110 8 •1 IAW YOU MUST COMMENCE ANY IEDAE ACHON5 BASED UPON A DEFECT AWARDING TO S YWUFRSTRAY DE0. COMMENCED MORE DEJECT. NO EVENT AT THE w n.N NY MCT INxwial. FROM DISTANCES SIN. 0PREON ARE MEASURED 4ROMM DISTANCES 40704TED 81 U.S. SOW! °r�EPr0.0ARm°mer maw Is wro"sMe mNNc snars aIp° i 525.'1144 No. ANNEXATION TABLE: TOTAL P.IDETE. DE,74.07 FEET ROOMS. 1/6 CONDO 0 PERMED. 810.16 FEET CONTIGUOUS °GONDAR, 1606.13 FEET X0342'10.1 1644.06'(3) 8 (30.354 Ac.+/- EDSTING WELD COUNT! 20NING: PROPOSED OTT' OF PONT LUPTON 2ONMD. AGRICULTURAL 0wY22% 100101111) x00.43'014 1000.60'(R) Vffla AGREEMENT 144E ACCORD.. M 33EC. N0. 0350013) LEGEND, - FOUND AUOUOT MONUMENT, AS NOTED. • . BET s/6- N 34. REMR WTTO RED P1ASn0 CAP, ITS 11012. e - FOUND 3• SRAM DM M 6. CONCRETE POST, WT. OF HIGHWAYS. ■ — FOUND s/6- REBAR WITH ORANGE PU040 CAP. PLO 25037. 0 = MIND 1/2- REMR wm1 MUM, PIA= WA. F. 2683. .u........./ - EDmxD MUNICIPAL BR7mAR1. (M)- AS MEASURED 6Y .16 SURVEY. (R). ME4s0EMINr Of REDORO. UNE WARN. (M) S13,12.66.• rs6w X11.42'56 -E s,rlroa4 DISTANCEpil BEARING (R) SISArCON, 1115.41,10.E S1r13'004 DISTANCE (0) 34.4a 5 4S. n..Or 10.00. '115.1.1 lnlle00Dm1 FAM3Y ND. GRAPHIC SCALE 1-.100' 100 200 300 AWL3/a' RFa"A 5"' 0.42,1aMV/itt;CZM Wad nd Coml.Surveying Co. 10 6n In. 611M3. W 10361 • A`�3-657-IE31 332385-0515 • 6m•Wn6Hn oo ATT-3T4T1M_R6rr,6M\RXAUE,' }PPG NHS. Parcel #147118000084 For Annexation and Inclusion in Chavers Mining Resource SUP Resolution No. 2015R046 Area 4.-Nj WELD COUNTY ROAD 8 SUP Resolution No. 2015R046 Area - Revised Reclamation to an Inert Landfill Wattenberg Asphalt Specialties Co., Inc. 10100 Dallas St. Henderson, CO 80640 Well Lone Pine Gravel Pig_ Wells Current Chavers Mining Resource Area under SUP Resolution No. 2015R046 dependence I School ▪ • : Well • 7 Water Tank CHAVERS MINING RESOURCE SITE VICINITY MAP FIGURE 1 FORT LUPTON QUAD E 1/2 OF THE SW 1/4 S18, T1 N, R68W N r I I L \ --\-. t I I - 1 SSS I I I 0 'h 1 Miles l 18 I C --- I )< L----� = 25 I® r L , J to I is O I 1 I I I I I I 14 rII 52 r—Bairiej+ • - , Future Land Use Detail 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 Growth & Development Fort Lupton Comprehensive Plan 31 i • ILAuit3311fliii3[3IitflP:fllMO - ,j 1 •••e -. 1.1f?, rfrn 1tV r � 1 :.a r.. Z241.1111�4.144iltilif'f :4.We/ 11 a.i'tit:iIW1555�a Y ti S Y S Y Y L Y Y• 1 Y 1 S 1 t 1 S � Y ti• 111111111flinnitirinumur OM= • a l .w; .k , .� t t* 1i1UZI1l1ULVB R `T,iii'[i),I.L�ii €I1 arniCl IUIUD1d a1nuIn313M33U=1111nithan 1 1iii1111 31UUa1 L • [f to . • lad• .{a .. •.... .....•.I. J N •iji • t _{ i i•-- .. I , \ l .. BRIGHTON - lir _. i 1 i 1 af-31i rrr.(•7,11IAt.1•-, ,(} S %SS%%%SS%IS%%3SST414SS YW111'::•'i1S•prri-Y"' r`!+ -; _.�. G: -:-.._, 4. ,-. <.^�S ... i .1`•, • n-1 Zoning Classification Estate it -1A Law Density Residential R-1 Low Denty Residential R-2 Medium Density Residential R-3 High Density Residential M•H Mottle Home au S Zoning Map R.0 Residential Office C-1 General Comma -par C-2 Heavy Commercial 1-1 Light Industrial I.2 Heavy Industrial Parks & Open Space RUD Panned Unit Development P�—_ i Fort Lupton Oty Limits -€1 1S Hgvnay 85 Stale t 1,1'3$00 Marcn CS, 2019 Mil a.a o. d.• • r a .:..w•n a .•e.•1 Ma nn ••.T ea w a n.,34 •/•ti,a.•e• deans m.eeei<ON ,•at• ISIS* a t••w ave..! •were•• ti.„ arta Fort Lupton Utility Map Utilities Water CITY in 0 0.5 1 2 Miles I I I I I I I I Utilities/Proposed Subdivision are in their best approximated locations as of 9/25/18 and are subject to change. Map is not for distribution among any other entity or persons other than intended recipient(s). COME PAINT YOL FUTURE W TH US Fort Lupton Utility Map Utilities Sanitary Sewer t I I i (MS 0 0.5 1 2 Miles I 1 I 1 I I I ! I Utilities/Proposed Subdivision are in their best approximated locations as of 9/25/18 and are subject to change. Map is not for distribution among any other entity or persons other than intended recipient(s). COME PA►IrNT YOUR FUTURE WITH US Figure 8-1 City of Fort Lupton Storm Drainage Study Area I I •yr•11 • f • • •• at•••- • r • • J'•. • •,./ •1 , •• h-. i. 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COME PAINT YOUR FUTURE WITH US C h4ycrtnc ilIFTP WELD COUNTY Irrigation, Canals, and Ditches afar% ONLINE MAPPING 0 2,234.23 4,468.5 Feet I WGS_1984_Web_Mercator_Auxiliary_Sphere © Weld County Colorado This map is a user gererated static output from an Internet rapping site arc 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 II Fort Cain: �.I tDtnver ; I r Legend E Parcels Highway Road Road Highway Township / Range Section County Boundary Creek / Canal - Large Scale 0100. Perennial Intermittent Ephemeral Artificial Path Canal Ditch Coastline Connector Pipeline Underground Conduit River - Large Scale • • Area of Complex Channels Area to be Submerged Bayl nlet Bridge Canal Ditch DamWeir Flume Notes Figure 9: Ultimate Roadway Network TIPPLE PKWY TO FREDERICK & DACONO PTO DAC •NO 14! I-25 & ERIE TO FREDERICK & FIRESTONE 7000 3500 0 r.• Wit! ti `:�` 1 (_- �-•int 7000 14000 ORIGINAL SCALE: 1" = 7000' 19 Fort Lupton Transportation Plan SCR 20 I CR 18.5 Q CR 18 KAHIL ST I CR 10.5 EXISTING NETWORK LEGEND - ROAD IMPROVJjENTS 4 -LANE ARTERIAL RURAL COLLECTOR URBAN COLLECTOR RETAIL STREET UNION PACIFIC RR 4 -LANE HIGHWAY FORT LUPTON QTY LIMITS TO HUDSON TO 1-16.0. FUTURE NETWORK LEGEND - ROAD IMPROVE EM NI _ ss aainonum aaaaaaa aaaaaaa 4 LANE ARTERIAL RURAL COLLECTOR URBAN COLLECTOR aaaRETAIL 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 Tax District - 3686 Authority Code 1050 Total Levy Authority Name WELD COUNTY SCHOOL DIST RE8-FORT LUPTON 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 Total Levy Mill Levy 15.038000 56.385000 1.000000 6.805000 11.360000 0.601000 4.619000 3.252000 0.000000 50.000000 149.060000 Mill Levy 15.038000 19.480000 1.540000 2.739000 9.297000 0.459000 6.305000 3.252000 0.000000 58.110000 Page 805 of 1938 CITY or COME PAINT YOUR FUTURE WITH US RECEIVED MAY 2 0 201 WELD COUNTY COMMISSIONERS 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 Hunt Brothers Properties, Inc. for an annexation known as the HBP Annexation No. 2 and initial zoning to 'A' Agricultural, and a special use permit for gravel mining. The property being annexed is located approximately a half mile north of County Road 8, and west and adjacent to U.S. Highway 85, 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. ALL INTERESTED PERSONS MAY ATTEND. LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN THE N 1/2 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 18, AND CONSIDERING THE NORTH LINE OF SAID SECTION 18 TO BEAR S 90° 00' 00" E, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE S 90° 00' 00" E, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 145.25 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF US HIGHWAY NO. 85; THENCE ALONG THE WEST RIGHT OF WAY LINE OF SAID US HIGHWAY NO. 85 BY THE FOLLOWING FOUR BEARINGS AND DISTANCES; S 04° 29' 00" W 993.50 FEET; S 13° 47' 00" W, 34.40 FEET TO THE TRUE POINT OF BEGINNING; CONTINUING S 13° 47' 00" W 58.40 FEET; S 04° 29' 00" W 1568.96 FEET TO A POINT ON THE SOUTH LINE OF THE N 1/2 OF SAID SECTION 18; THENCE S 89° 58' 21" W, ALONG SAID SOUTH LINE, 1273.51 FEET TO A POINT ON THE WEST LINE OF THE E 1/2 OF THE NW 1/4 OF SAID SECTION 18; THENCE N 00° 43' 01" E, ALONG SAID WEST LINE, 1000.66 FEET; THENCE N 90° 00' 00' E 1319.33 FEET; THENCE N 04° 29' 00" E, 569.12 FEET; THENCE N 13° 47' 00" E, 60. 03 FEET; THENCE S 76° 13' 00" E, 20.00 FEET TO THE TRUE POINT OF BEGINNING. RESOLUTION NO. 2019R035 A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING ANNEXATION PROCEEDINGS FOR THE ANNEXATION KNOWN AS THE HBP ANNEXATION NO.2, AND SETTING THE PUBLIC HEARING FOR JUNE 17, 2019 Pdoic 5/29dict 130 S. McKinley Avenue, Fort Lupton, CO 80621 303.857.6694 ♦ Fax: 303.857.0351 • www.fortlupton.org CC; SOCRSJ.pt-C-ep),c Act4wM1M/TP), clAtelRtCk 1teA, PISRCOViIJG, 512.O/tq 2019-1908 CITY OF COME PAINT YOUR FUTURE WITH US WHEREAS, the Fort Lupton City Council has reviewed the annexation petition submitted by Hunt Brothers Properties, Inc. for 30.354 acres, more or less, and known as the HBP Annexation No. 2; and 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 6`h 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 HBP Annexation No. 2 Annexation 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 30.354 acres 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 to be 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 five hundred (500) 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 %Z) 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 Agricultural, 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 $1,242.83 is tendered herewith. 4 THEREFORE, the undersigned respectfully petition(s) the City Council of the City of Fort Lupton, to annex the territory described and referred to in Exhibit A to the City of Fort Lupton in accordance with and pursuant to the statutes of the State of Colorado. Land Owner(s) Name(s) and Signature(s) Printed Name: Daniel W. Hunt Mailing Address Date of Siening 10100 Dallas Street Henderson. CO, 80640 The foregoing signature(s) eta$/were subscribed and sworn to before me this APP ;J ,20/1 . by 64%eI. W. 14c -A Witness my hand and official seat. My commission expires on ,Qr►,,:L 2y 26,20 alm/1112,0441237 Not Public Land Owned HBP Annexation No. 2 property: Parcel #147118000084 ��lD/19 day of A NELSON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19994030527 MY COLIAIISSION EXPRESAFRIL242020 If necessary, attach separate sheet. 5 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) )ss. COUNTY OF WELD ) 6 ( _11 being first duly sworn, states upon oath that he/she is the circulator''f the petition to 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. ()I (Signature irculator) The foregoing Affidavit was subscribed and sworn to before me this A petit , 20J j_, by Gi&ey K. G -G lita s Witness my hand and official seal. My commission expires on , ra 2 7 .oAc JAN NI LSON NOTARY PUBLIC STAIN OP COLORADO NOTARY ID 19994030627 IN COMMISSION VOWS APRIL 27, 2020 day of Not ry Public 6 PETITION FOR ANNEXATION EXHIBIT A Legal Description Parcel No. 147118000084 A TRACT OF LAND LOCATED IN THEN 1/2 OF SECTION 18, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO, BEING FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/4 CORNER OF SAID SECTION 18, AND CONSIDERING THE NORTH LINE OF SAID SECTION 18 TO BEAR S 90° 00' 00" E, AND WITH ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO: THENCE S 90° 00' 00" E, ALONG THE NORTH LINE OF SAID SECTION 18, A DISTANCE OF 145.25 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF US HIGHWAY NO. 85; THENCE ALONG THE WEST RIGHT OF WAY LINE OF SAID US HIGHWAY NO.85 BY THE FOLLOWING FOUR BEARINGS AND DISTANCES; S 04° 29' 00" W 993.50 FEET; S 13° 47' 00" W, 34.40 FEET TO THE TRUE POINT OF BEGINNING; CONTINUING S 13° 47' 00" W 58.40 FEET; S 04° 29' 00" W 1568.96 FEET TO A POINT ON THE SOUTH LINE OF THEN 1/2 OF SAID SECTION 18; THENCE S 89° 58' 21" W, ALONG SAID SOUTH LINE, 1273.51 FEET TO A POINT ON THE WEST LINE OF THE E 1/2 OF THE NW 1/4 OF SAID SECTION 18; THENCE N 00° 43' 01" E, ALONG SAID WEST LINE, 1000.66 FEET; THENCE N 90° 00' 00' E 1319.33 FEET; THENCE N 04° 29' 00" E, 569.12 FEET; THENCE N 13° 47' 00" E, 60.03 FEET; THENCE S 76° 13' 00" E, 20.00 FEET TO THE TRUE POINT OF BEGINNING. HBP ANNEXATION NO.2 TO THE CITY OF FORT WPTON PROPERTY p �DDESCRIPTION: tO�1= :2011 OWNER'S APPROVAL: M .Mr MOO NM MONO M U INN. NO MO •M- IOOr .`. IN M• M 111W Al MR MNIIM I ROOM MG • MOWN I MMOD sum s mom) SS OMIT vms TQ •M NMOM• MNM.Mr INN I Nm1.M ROM M Mr a• .F M. Mar w M1• IN MOM .•. n NOM COMM MAO Part of the Northwest 1/4 of Section 16. TownaNp 1 North. Rom 65 West of the 6 h P.M.. County of Weld State of Colorado. Sheet 1 of 2 Is O• a d VICINITY MAP: 1'-100D' PLANNING COMMISSION RECOMMENDATION: r • 1 e .c K MMON.111. OF l• MIONININIMO MOON AO 001 k s IMO .w MOIL O Imo N•--. Barr r - •M M MAYOR'S CERRFlCATE AMY MOON INV EMI �a- SURVEYOR'S STATEMENT: MAIM- ANX16-XXX NMa Ima14.G p rom" Eau= ea . t IL.1rm�oa.me. _ _T arnoirtravrr. Weed nd Surveying .M...•Ir. Co. M r US Slat M MMI . peas -101 as1 MM... • Nm�r a1•M pas c as PM •.NMI•s. OILO IMa. M.MMMJOMY.•M.0 HBP ANNEXATION NO.2 TO THE CITY OF FORT WPTON Part of the Northwest 1/4 of Section 18. 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