HomeMy WebLinkAbout20170691.tiffci-I Y tlk'
E S T man
COME PAINT YOUR FUTURE WITH US
CITY OF FORT LUPTON
NOTICE OF PUBLIC HEARING
A public hearing has been scheduled for Tuesday, March 21, 2017 at 6:00 PM with the Fort Lupton
Planning Commission and Monday, April 3, 2017 at 7:00 PM with the Fort Lupton City Council. The
purpose of the public hearings is to consider an application for an annexation known as the Patterson
Annexation. The legal description below describes the land proposed for annexation. 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.
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 1 NORTH,
RANGE 66 WEST OF THE 6TH P.M., BEING A PORTION OF LOT A, RECORDED EXEMPTION
NO. 1471-03-1 RE -3846 AS SHOWN ON THE PLAT RECORDED FEBRUARY 8, 2005 AS
RECEPTION NO. 3259725 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD
COUNTY, COLORADO, DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF LOT A, TO BEAR SOUTH 00°55'47" EAST AS SHOWN ON
SAID PLAT, AND AS MONUMENTED HEREON WITH ALL BEARINGS SHOWN HEREON
RELATIVE THERETO;
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 3; THENCE SOUTH
00°56'20" EAST, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
COUNTY ROAD NO. 14 AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°43'39"
WEST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 601.13 FEET
TO THE WEST LINE OF SAID LOT A; THENCE SOUTH 00°55'47" EAST, COINCIDENT WITH
SAID WEST LINE, A DISTANCE OF 2557.45 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
HIGHWAY NO. 52; THENCE NORTH 89°20'24" EAST, COINCIDENT WITH THE SAID RIGHT-
OF-WAY LINE, A DISTANCE OF 364.16 FEET TO THE SOUTHERLY EXTENSION OF THE EAST
LINE OF SAID LOT B; THENCE NORTH 00°56'20" WEST, COINCIDENT WITH SAID EAST
LINE, A DISTANCE OF 615.50 FEET; THENCE NORTH 89°20'38" EAST, COINCIDENT WITH
SAID EAST LINE, A DISTANCE OF 237.36 FEET; THENCE NORTH 00°56'20" WEST,
COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 1887.90 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 31.648 ACRES, MORE OR LESS.
Public, R.,
O3(1311 -7
c c.•. gOcRS), PLCMm/TP),PA CEPIJL)
cMC mw), CD -LS cum), An &C s
3/6)/I-1
2017-0691
----- [..I I Y l)1'
COME PAINT YOUR FUTURE WITH US
RESOLUTION NO. 2017R012
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING ANNEXATION
PROCEEDINGS FOR THE ANNEXATION KNOWN AS PATTERSON ANNEXATION AND
SETTING THE PUBLIC HEARING FOR APRIL 3, 2017.
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition submitted by
Thomas L. and Renae Y. Patterson for 31.648+ acres and known as the Patterson Annexation; 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
Resolution 2017R012 initiating annexation proceedings for Patterson Annexation, and sets the hearing date
for April 3, 2017, 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
FEBRUARY, 2017.
City of Fort Lupton, Colorado
s/Tommy Holton
Tommy Holton, Mayor
Attest:
s/Nanette S. Fornof
Nanette S. Fornof, MMC
City Clerk
Approved as to form:
s/Andy Ausmus
Andy Ausmus, City Attorney
2
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
Patterson 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 31.648 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 ''/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
for the southern parcel and I-1 Light Industrial for the northern parcel, 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 $1,248.00 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)
Thomas L. Patterson
Mailing Address Date of Signing
15987 HWY 52
Fort Lupton, CO 80621-0203
�-- -- / a i l7
= nae Y. Pa rson
15987 HWY 52
Fort Lupton, CO 80621-0203
The foregoing signature(s) was/were subscribed and sworn to before me this
January , 2017 , by
Witness my hand and official seal.
My commission expires on c5 2 7
pf- 1 I 0!,,26L,L.4\10-0)0M.C1(-
Notary Public
Land Owned
lbIIao►7
21
day of
AMBER A HOLBROOK
NOTARY PUBLIC
STATE Olt COLORADO
NOTARY lb 20134037310
MY COMMISSION EXPIRES SEPTEMBER 11, 2017
If necessary, attach separate sheet.
5
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Chadwin F. Cox , being first duly sworn, states upon oath that he/she is the
circulator of the petition to which this Affidavit is attached and knows of his/her own knowledge
that the signature of each land owner aspearing on said petition is the signature of the person whose
name it purports it to be.
atu
of Circulator)
The foregoing Affidavit was subscribed and sworn to before me this
January , 20 17 , by C I7ac&t J i7► F. CoA
Witness my hand and official seal. My commission expires on c:Ck. 9 i 2' i% .
LELAND S WAGNER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20024004342
MY COMM)SSIpN EXPIRES FEBRUARYS. 2018
Notary Public
.,o,.1 G(
4 -
day of
6
PROJECT NO. ANX2016-
z
0
I
a_
-J
CC
ccr
0
U-
1,
U-
0
Z "is
.
ono
OL
r N`O
.` OU
w
�3m
o� v s
`0�3 cn
zZ
O ro
zc
o 0
aU
a°N
z
z
z
w a)
a)
its c
aa)
a) C
CD 0
O O
_
0
-O O cu
a) O =
.O °
QO c0
co co a)
ff3
Q O
CU
J _c O
ii
r
\_JA :3�3rvt3eia
z
6
ToecoLec ou rm 1.3n,m
7
(so.
srei cw
F
PATTERSON ANNEXATION TO THE TOWN OF FORT LUPTON
7
a
sir
� o
0),
N�`o
OU
aciO
f � o
«co«
P6',6
`o I-
z _
(r oscam ho=asmu
arm
24`r,,FC/
'M e`3 a va
-- 0s
II-----fi===__- 'tee ------------
Hello