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CITY OF FORT LUPTON
NOTICE OF PUBLIC HEARING
A public hearing has been scheduled for Tuesday, May 20, 2014 at 6:00 P.M. with the Fort
Lupton Planning Commission and Monday, June 2, 2014 at 7:00 P.M. with the Fort Lupton City
Council. The purpose of the public hearings is to consider an application and ordinance to annex
and zone PUD with C-1, R-O, R-1, R-2 and R-3 uses, a certain parcel of land described in the
legal below (a/lda Fitzsimmons Annexation). The public hearings will be held at the Fort Lupton
City Hall, 130 South McKinley Avenue in Fort Lupton. For additional information on this
application, please contact the Fort Lupton Planning Department at 303-857-6694.
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 9 AND THE NORTH 1/2 OF
SECTION 4, TOWNSHIP 1 NORTH,RANGE 66 WEST OF THE 6TH P.M. IN WELD COUNTY,COLORADO
DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO BEAR NORTH
00°48'42"WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE
NORTH 00°48'42" WEST, COINCIDENT WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SAID
SECTION 9, A DISTANCE OF 2611.34 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD
12; THENCE NORTH 89°14'03" EAST, COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A
DISTANCE OF 2003.09 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF
COUNTY ROAD 12 AND THE SOUTHERLY PROLONGATION OF THE WEST LINE OF LOT 1, SE-652 AS
SHOWN ON THE PLAT RECORDED AUGUST 21, 1997 AS RECEPTION NO. 2564862 IN THE RECORDS
OF THE CLERK AND RECORDER FOR WELD COUNTY, COLORADO; THENCE NORTH 00°36'47" WEST,
COINCIDENT WITH THE WEST LINE OF SAID LOT 1 AND THE SOUTHERLY PROLONGATION
THEREOF, A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID COUNTY
ROAD 12; THENCE NORTH 89°14'03" EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE,A
DISTANCE OF 618.89 FEET TO THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 29 1/2; THENCE
NORTH 00°11'45"WEST,COINCIDENT WITH SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 220.00
FEET TO THE NORTH LINE OF LOT A RE-2046 AS SHOWN ON THE PLAT RECORDED AUGUST 21, 1997
AS RECEPTION NO. 2564863 IN THE RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY,
COLORADO; THENCE NORTH 89°14'03" EAST, COINCIDETN WITH THE NORTH LINE OF SAID LOT A
AND THE EASTERLY PROLONGATION THEREOF, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT-
OF-WAY LINE OF COUNTY ROAD 29 1/2; THENCE SOUTH 00°11'45" EAST, COINCIDENT WITH SAID
EAST RIGHT-OF-WAY LINE, A DISTANCE OF 220.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF
COUNTY ROAD 12; THENCE SOUTH 00°45'57" EAST, A DISTANCE OF 60.00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF COUTNY ROAD 12; THENCE SOUTH 89°14'03" WEST, COINCIDENT WITH
SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.39 FEET TO THE EAST LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 9; THENCE SOUTH 00°35'32" EAST, COINCIDENT WITH SAID
EAST LINE,A DISTANCE OF 2603.19 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 9; THENCE SOUTH 89°03'56" WEST, COINCIDENT WITH THE SOUTH LINE OF THE
EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 9, A DISTANCE OF 1321.45 FEET TO THE
?LIU1C 1`l 130 S. McKinley Avenue, Fort Lupton, CO 80621
303.857.6694 • Fax: 303.857.0351 ♦ www.fortlupton.org
Si I9/020ILI CC. CflLmw 50)301KB) GIS 2014-1430
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SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE
SOUTH 89°0T55" WEST,COINCIDENT WITH THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST
1/4 OF SAID SECTION 9,A DISTANCE OF 1320.34 FEET TO THE TRUE POINT OF BEGINNING.
SAID PARCEL CONTAINS 6,954,475 SQUARE FEET OF 159.653 ACRES,MORE OR LESS.
RESOLUTION NO. 2014R020
A RESOLUTION OF THE CITY COUNCIL OF FORT LUPTON INITIATING
ANNEXATION PROCEEDINGS FOR THE FITZSIMMONS ANNEXATION LOCATED
EAST AND ADJACENT TO COUNTY ROAD 29 AND SOUTH AND ADJACENT TO
COUNTY ROAD 12 AND INITIAL ZONING TO PUD AND SETTING A PUBLIC
HEARING.
WHEREAS, the Fort Lupton City Council has reviewed the annexation petition
submitted for 159.653± acres known as the Fitzsimmons 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 2014Rxxx initiating annexation proceedings for the Fitzsimmons
Annexation, and sets the hearing date for June 2, 2014 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 9TH
DAY OF APRIL 2014.
City of Fort Lupton, Colorado
s/Tommy Holton, Mayor
Tommy Holton, Mayor
Attest:
s/Nanette S. Fornof, MMC
Nanette S. Fornof, MMC
City Clerk
Approved as to form:
s/Andy Ausmus, City Attorney
Andy Ausmus, City Attorney
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
Fitzsimmons 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.
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.
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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 159.653+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.
in. In establishing the boundary of the area proposed to be annexed, if a portion of a
platted shut 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 planed.
g. Existing and proposed easements and rights-of-way.
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
2
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 'A) 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.
8. The zoning classification requested for the area proposed to be annexed is PUD with C-
I, R-O, R-1, R-2 and R-3 uses, 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.
3
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.
Mlle non-refundable annexation application fee is waived in exchange for the
augmentation ditch easement agreement.
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.
71 s)Name()and Si sZ Mailing Address Date of Signing
Lupton One Ten L.L P 8791 Circle Drive
do John Vandemoer r V Westminster.CO 80031 -/O /
P.O.Box 1412
grihnJ. tzsi ,ns Nederland.CO 80466 d//y
• _.\ t v• L�F!_ ft Ask�. P.O. Box 1412
this J.Fitzs' i i . Nederland.CO 80466
4
The foregoing signatu e(s)was/were subscribed d`sworn to before me this \� day of
, 2(t&,by •tvt� 'l \�\��?�`lAAA.
Witness my hand and official seal. —�
My commission expires on • ai\5 Q
Notary
Land Owned S'(F•
.... �
'
If necessary, attach separate sheet.
5(
The foregoing signature(s)was/were subscribed and sworn to before me this I ()fit day of
I ILA\ 2°±E" 166 Pik( cjn un Cr♦•LS1h1NA5
Witness my hand and official seal.
My cfrnexphtson
Of/11( TRAVIS SAY State of Colorado
Notary 34051831
Commission D 20Ires Au, 15;2017
otary Public
Land Owned
If necessary,attach separate sheet.
5C,6)
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
)ss.
/COUNTY OF WWELD )
i�mm t( / r r-2 r,e+neon 4 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 appearing on said petition is the signature of the person whose
name it purports it to be.
' �l 1
Signature o irculato
C>*.
The foregoing Affidavit was subscribed and sworn to before me this J day of
�` US\ ,20�,by ` x\-•\ '.4 r �`\QY� .
a
Witness my hand and official seal.
My commission expires on - . aO\5 • k
Notary
6
EXHIBIT A
LEGAL DESCRIPTION OF
FITZSIMMONS ANNEXATION TO THE CITY OF FORT LUPTON
A PARCEL OF LAND LOCATED IN THE NORTHWEST 1/4 OF SECTION 9 AND THE NORTH 1/2 OF
SECTION 4, TOWNSHIP 1 NORTH, RANGE 66 WEST OF THE 6TH P.M. IN WELD COUNTY, COLORADO
DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9 TO BEAR NORTH 00°48'42"
WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO;
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE
NORTH 00°48'42"WEST,COINCIDENT WITH THE WEST LINE OF THE NORTHWEST 1/4 OF SAID,SECTION
9, A DISTANCE OF 2611.34 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 12; THENCE
NORTH 89°14'03"EAST,COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE,A DISTANCE OF 2003.09
FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 12 AND THE
SOUTHERLY PROLONGATION OF THE WEST LINE OF LOT 1, SE-652 AS SHOWN ON THE PLAT
RECORDED AUGUST 21, 1997 AS RECEPTION NO. 2564862 IN THE RECORDS OF THE CLERK AND
RECORDER FOR WELD COUNTY,COLORADO;THENCE NORTH 00°36'47"WEST,COINCIDENT WITH THE
WEST LINE OF SAID LOT 1 AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 60.00
FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 12; THENCE NORTH 89°14'03"
EAST, COINCIDENT WITH SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 618.89 FEET TO THE
WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 29 1/2; THENCE NORTH 00°11'45" WEST, COINCIDENT
WITH SAID WEST RIGHT-OF-WAY LINE,A DISTANCE OF 220.00 FEET TO THE NORTH LINE OF LOT A
RE-2046 AS SHOWN ON THE PLAT RECORDED AUGUST 21, 1997 AS RECEPTION NO. 2564863 IN THE
RECORDS OF THE CLERK AND RECORDER FOR WELD COUNTY,COLORADO;THENCE NORTH 89°14'03"
EAST, COINCIDETN WITH THE NORTH LINE OF SAID LOT A AND THE EASTERLY PROLONGATION
THEREOF, A DISTANCE OF 60.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF COUNTY ROAD 29 1/2;
THENCE SOUTH 00°1 P45" EAST,COINCIDENT WITH SAID EAST RIGHT-OF-WAY LINE,A DISTANCE OF
220.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COUNTY ROAD 12; THENCE SOUTH 00°45'57"
EAST,A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COUTNY ROAD 12;THENCE
SOUTH 89`14'03" WEST,COINCIDENT WITH SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 30.39
FEE! TO THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 9;THENCE SOUTH 00°35'32"EAST,
COINCIDENT WITH SAID EAST LINE, A DISTANCE OF 2603.19 Itti TO THE SOUTHEAST CORNER OF
THE NORTHWEST 1/4 OF SAID SECTION 9; THENCE SOUTH 89°03'56" WEST, COINCIDENT WITH THE
SOUTH LINE OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 9,A DISTANCE OF 1321:45
FEET TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 9;
THENCE SOUTH 89°02'55" WEST, COINCIDENT WITH THE SOUTH LINE OF THE WEST 1/2 OF THE
NORTHWEST 1/4 OF SAID SECTION 9, A DISTANCE OF 1320.34 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 6,954,475 SQUARE FEET OF 159.653 ACRES,MORE OR LESS.
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