HomeMy WebLinkAbout20162795.tiffNOTICE OF PUBLIC HEARING TO CONSIDER
THE PDK INVESTMENTS LLC ANNEXATION
NOTICE IS HEREBY GIVEN that the Town of Frederick Planning Commission will hold a
public meeting commencing on Tuesday, September 6, 2016 at 6:30 P.M. and the Board of
Trustees will then hold a public hearing commencing on Tuesday, September 27, 2016 at 7:00
pm to consider the PDK Investments LLC Annexation. Both meetings will be held at Frederick
Town Hall, 401 Locust Street, Frederick, Colorado 80530. The application for these requests was
received from PDK Investments LLC, 10759 Weld County Road 7, Longmont, Colorado 80504;
for real property located at 10759 Weld County Road 7, generally southwest of the intersection of
Aggregate Boulevard/WCR 7 and State Hwy 119. The Planning Commission and Board of
Trustees will consider whether the proposal meets the requirements of the Frederick Land Use
Code and whether the request should be granted approval.
Any person may appear at the public hearing and be heard regarding the matters under
consideration.
Copies of the full application and supporting materials submitted as well as the full-sized maps are
available for review in the Frederick Town Hall, 401 Locust Street, Frederick, Colorado.
Dated this 24t" day of August, 2016
TOWN OF FREDERICK, COLORADO
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Megh., ►;rtinez, Town
RECEIVED
SEP 0 2 2016
WELD COUNTY
COMMISSIONERS
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2016-2795
TOWN OF FREDERICK, COLORADO
RESOLUTION NO. 16-R-51
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN
PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN OF
FREDERICK, SAID ANNEXATION TO BE KNOWN AS THE PDK
ANNEXATION.
WHEREAS, a written petition together with five (5) prints of an annexation map for the
annexation of certain properties have been filed with the Board of Trustees of the Town of
Frederick by PDK Investors, LLC, for the annexation of certain property more particularly
described on "Exhibit A"; and
WHEREAS, the Board of Trustees has reviewed the petitions and supporting material;
and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of the
subject property for annexation and zoning; and
WHEREAS, the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FREDERICK, COLORADO, as follows:
Section 1. The petition, whose legal description is attached hereto as Exhibit A, and
incorporated by reference herein, is accepted and determined to be in substantial compliance with
the applicable laws of the State of Colorado.
Section 2. No election is required under C.R.S. §31-12-107(2).
Section 3. No additional terms and conditions are to be imposed except those
provided for in the petitions.
Section 4. The Board of Trustees will hold a public hearing for the purpose of
determining if the proposed annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-
12-105, and will hold a public hearing to determine the appropriate zoning of the subject
properties if requested in the petition, at the Frederick Town Hall, 401 Locust Street, Frederick,
Colorado 80530, at the following time and date:
7:00 p.m., Tuesday, September 27, 2016.
Section 5. Any person may appear at such heating and present evidence relative to
20160810 Resolution of Substantial Compliance — PDK Annexation
the proposed annexation or the proposed zoning.
Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by
resolution, its findings and conclusions with reference to the eligibility of the proposed
annexation, and whether the statutory requirements for the proposed annexation have been met,
and further, will determine the appropriate zoning of the subject property if requested in the
petition.
Section 7. If the Board of Trustees concludes, by resolution, that all statutory
requirements have been met and that the proposed annexation is proper under the laws of the
State of Colorado, the Board of Trustees shall pass one or more ordinances annexing the subject
property to the Town of Frederick, and shall pass one or more ordinances zoning the subject
property if requested in the petition.
INTRODUCED, READ, PASSED, AND ADOPTED THIS 23TH DAY OF
AUGUST, 2016.
ATTEST:
By
Megh fr attinez, C
Clerk
TOWN,7 FREDERICK
By
Tony Carey, Ma
20160810 Resolution of Substantial Compliance — PDK Annexation
EXHIBIT A
WELD COUNTY ROAD 13 ANNEXATION
LEGAL DESCRIPTION
LOTS A AND B, RECORDED EXEMPTION NO. 1313 -091 -RE 3164 RECORDED MARCH 8,
2002 AT RECEPTION NO. 293-1776, BEING A PART OF THE NORTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, COLORADO.
20160810 Resolution of Substantial Compliance —PDK Annexation
PDK Investments LLC Annexation
PETITION FOR ANNEXATION TO THE TOWN OF FREDERICK
DATE: January 29, 2016
TO: THE BOARD OF TRUSTEES OF THE TOWN OF FREDERICK, COLORADO.
I, Kevin D. Braly, Managing Member of PDK Investments LLC, the undersigned
landowner, in accordance with Colorado law, hereby petition the Town of Frederick and
its Board of Trustees for annexation to the Town of Frederick of the following described
unincorporated territory located in the County of Weld and State of Colorado, to -wit:
Lots A and B, Recorded Exemption No. 1313 -091 -RE 3164 recorded March 8,
2002 at Reception No. 293-1776, being a part of the Northeast 1/4 of the
Northeast 1/4 of Section 9, Township 2 North, Range 68 West of the 6th P.M.,
Weld County, Colorado
As part of this petition, your petitioner further states to the Board of Trustees of
Frederick, Colorado, that:
1. It is desirable and necessary that the territory described above be
annexed to the Town of Frederick.
2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105, as
amended, exist or have been met in that:
a. Not less than one -sixth of the perimeter of the area proposed to be
annexed is contiguous with the Town of Frederick as required by
31-12-104.
b. A community of interest exists between the area proposed to be
annexed and the Town of Frederick.
c. The area proposed to be annexed is urban or will be urbanized in
the near future. The property is within the Town's growth
boundary, and several properties nearby have already annexed to
Frederick.
d. The area proposed to be annexed is integrated with or is capable of
being integrated with the Town of Frederick.
e. No land within the boundary of the territory proposed to be
annexed that is held in identical ownership, whether consisting of
1
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
that is held in identical ownership in one or more contiguous tracts,
comprising twenty acres or more, and which, together with the
buildings and improvements situated thereon has an assessed
value in excess of two hundred thousand dollars ($200,000.00) for
ad valorem tax purposes for the year next preceding the
annexation, has been included within the area proposed to be
annexed without the written consent of the landowner or
landowners.
g.
No proceedings have been commenced to annex to another
municipality any portion of the territory petitioned for annexation
herein.
h. The annexation of the territory proposed to be annexed will not
result in the detachment of area from any school district.
j.
The annexation of the territory proposed to be annexed will not
extend the boundary of the Town of Frederick more than three
miles in any direction from any point of the boundary of the Town
of Frederick in any one year.
Prior to completing the annexation of the territory proposed to be
annexed, the Town of Frederick will have in place a plan for that
area, to be updated at least once annually, that generally
describes: the proposed location, character, and extent of streets,
subways, bridges, waterways, waterfronts, parkways, playgrounds,
squares, parks, aviation fields, other public ways, grounds, open
spaces, public utilities, and terminals for water, light, sanitation,
transportation, and power to be provided by the Town of Frederick;
and the proposed land uses for the area.
k. In establishing the boundary of the territory proposed to be
annexed, if a portion of a platted street or alley is to be annexed,
the entire width of the street or alley has been included within the
territory to be annexed. The Town of Frederick will not deny
reasonable access to any landowners, owners of any easement, or
the owners of any franchise adjoining any platted street or alley
that is to be annexed to the Town of Frederick but is not bounded
on both sides by the Town of Frederick.
3. The owners of more than fifty percent of the area proposed to be
annexed, exclusive of dedicated streets and alleys, have signed this
petition and hereby petition for annexation of such territory.
4. Accompanying this petition are four copies of an annexation map
containing the following information:
a. A written legal description of the boundaries of the area proposed
to be annexed;
b. A map showing the boundary of the area proposed to be annexed,
said map prepared and containing the seal of a registered
engineer;
c. Within the annexation boundary map, a showing of the location of
each ownership tract in unplatted land and, if part or all of the area
is platted, the boundaries and the plat numbers of plots or of lots
and blocks;
d. Next to the boundary of the area proposed to be annexed, a
drawing of the contiguous boundary of the Town of Frederick and
the contiguous boundary of any other municipality abutting the
area proposed to be annexed, and a showing of the dimensions of
such contiguous boundaries.
5. Upon the Annexation Ordinance becoming effective, all lands within the
area proposed to be annexed will become subject to all ordinances, rules
and regulations of the Town of Frederick, except for general property
taxes of the Town of Frederick, which shall become effective as the
January 1 next ensuing.
6. The zoning classification requested for the area proposed to be annexed is
Business Light Industrial.
3
WHEREFORE, the following petitioner respectfully requests that the Town of
Frederick, acting through its Board of Trustees, approve the annexation of the
area proposed to be annexed. By this acknowledgment, the undersigned hereby
certifies that the above information is complete and true.
N,4N% tio-tV2K1 lvP
Owner, PDK Investments LLC Date
By Kevin D. Braly, Managing Member,
10579 Weld County Road 7
Longmont, Colorado 80504
Stm Itkut�,.� t, H{r.M L10-14_.
Applicant, PDK Inve ents LLC
By Kevin D. Braly, Managing Member
STATE OF COLORADO)
)ss.
COUNTY OF Lori rntr-)
k,nscl.t1Q
Date
The foregoing instrument was acknowledged before me this 25— day
of To. r‘Lt.a..r� , 20 1 !.o by ,Kevirti t``,.. 8re t as N1a•.a,��,�
4- ?Die_ tr qes r.*5 LL' -
My commission expires: Moot 2 812.0 t `7
Witness My Hand and Official Seal.
KAREN C. TRIPPET
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 1019934007770
My Carmleelon Expires May 28, 2017
i
RECORD OF LAND OWNERSHIP AND DATE SIGNED
Please print
Landowner/Petitioner: t-TJ\L 1C.mul;;e1V4.i
Mailing Address: ►c:31 -5q
Date: 1V2511q
Legal Description of Land Owned:
Lots A and B, Recorded Exemption No. 1313 -091 -RE 3164 recorded March
8, 2002 at Reception No. 293-1776, being a part of the Northeast 1/4 of
the Northeast 1/4 of Section 9, Township 2 N., Range 68 West of the 6th
P.M., Weld County, Colorado
5
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO)
)ss.
COUNTY OF L.arnn.eK)
V. cm , being first duly
sworn upon oath, deposes and says that he was the circulator of this Petition for
Annexation of lands to the Town of Frederick, Colorado, consisting of six pages
including this page and that each signature hereon was witnessed by your affiant
and is the signature of the person whose name is purports to be.
Circulator
STATE OF COLORADO)
)ss.
COUNTY OF LA✓imer )
The foregoing instrument was acknowledged before me this 254"`' day
of To,. r. u a,�-�/ , 2016 by }f eu i r- D. Br6L I y
My commission expires: Moot 2.812. i
Witness My Hand and Official Seal.
KAREN C. TRIPPET
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19934007770
My Commission Expires May 28, 2017
6
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