HomeMy WebLinkAbout23-93 Finding Compliance Annexation Petition for Certain Property Located in Weld County 09-19-2023RESOLUTION NO. 23-93
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, FINDING SUBSTANTIAL COMPLIANCE OF
AN ANNEXATION PETITION FOR CERTAIN PROPERTY LOCATED IN
WELD COUNTY, COLORADO AND SETTING A PUBLIC HEARING ON
THE PETITION IN ACCORDANCE WITH THE MUNICIPAL
ANNEXATION ACT OF 1965
WHEREAS, a Petition for Annexation of the hereinafter described real property has been
filed with the Town Cleric of the Town of Firestone, Colorado; and
WHEREAS, the Petition has been referred to the Board of Trustees of the Town of
Firestone, Colorado, for a determination of substantial compliance with the requirements of C.R.S.
§ 31-12-107(1); and
WHEREAS, the Board of Trustees has been advised by the staff, and has taken official
notice of all maps, records and other information and other materials on file with the Town of
Firestone, Colorado, regarding said petition.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Petition for Annexation, whose legal description is attached hereto as
"Exhibit A" and incorporated by reference herein, is determined to be in substantial compliance
with C.R.S. § 31-12-107(1).
Section 2. The Board of Trustees shall hold a public hearing on the proposed
annexation on October 25, 2023, at 7:00 P.M., or as soon thereafter as possible, at Firestone
Municipal Court and Board Room, 9900 Park Avenue, to determine if the proposed annexation
complies with Section 30 of Article II of the Colorado Constitution and C.R.S. §§ 31-12-104 and
-105, or such parts thereof as may be required to establish eligibility for annexation.
Section 3. The Town Clerk shall publish a Notice of Public Hearing once a week for
four successive weeks in a newspaper of general circulation in the area proposed to be annexed,
with the first publication of such notice to be at least thirty days prior to the date of the hearing.
The Town Clerk shall further provide notice to the Clerk of the Board of County Commissioners
of Weld County, the Weld County Attorney, and to any special district or school district having
territory within the area proposed to be annexed, in the manner and within the time provided in
C.R.S. § 31-12-108(2).
INTRODUCED, READ AND ADOPTED this 13t' day of September, 2023.
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We, the undersigned landowners, in accordance with Colorado law, hereby petition the Town of
Firestone and its Board of Trustees for annexation to the Town of Firestone 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 Firestone Longmont Mobility Hub Annexation to the Town of Firestone.
As part of this petition, your petitioners further state to the Board of Trustees that:
It is desirable and necessary that the territory described in Exhibit A be annexed
to the Town of Firestone.
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 Town of Firestone or will be contiguous
with the Town of Firestone 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 Town of Firestone.
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 Town of Firestone.
e. No land within the boundary of the territory 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 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 annexation proceedings have been commenced for any portion of the
territory proposed to be annexed for the annexation of such territory to
another municipality.
h. The annexation of the territory proposed to be annexed will not result in
the detachment of area from any school district.
i. The annexation of the territory proposed to be annexed will not have the
effect of extending the boundary of the Town of Firestone more than three
miles in any direction from any point of the boundary of the Town of
Firestone in any one year.
j. The territory proposed to be annexed is 5.416 acres in total area.
k. 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 Town of Firestone; and the proposed land
uses for the area; such plan to be updated at least once annually.
1. 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 to the Town of Firestone but is not bounded on both sides
by the Town of Firestone.
M. If required, an impact report will be prepared and filed pursuant to Section
31-12-108.5, C.R.S.
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.
The signatures on this petition comprise one -hundred percent (100%) of the
landowners of the territory to be annexed and said landowners attesting to the
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facts and agreeing to the conditions herein contained will negate the necessity of
any annexation election.
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 by 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 Firestone 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, resolutions, rules,
and regulations of the Town of Firestone, except for general property taxes of the
Town of Firestone, which shall become effective as of the January I next ensuing.
6. The zoning classification requested for the area proposed to be annexed is RC.
The petitioners agree that said annexed land shall be brought under the provisions
of Title 16 of the Firestone Municipal Code within ninety (90) days from the
effective date of the annexation ordinance.
7. There shall be no duty or obligation upon the Town of Firestone to furnish water
or sanitary sewer facilities to the area proposed to be annexed. Such services will
be provided at such time, in the sole discretion of the Town, when such services
for water and sanitary sewer can be economically and reasonably installed to
service a sufficient number of inhabitants within the area so as to make the
construction and establishment of such services feasible and at no additional cost
for the same or similar type of services provided to inhabitants within the existing
corporate limits of the Town.
8. If required by the Town, an annexation agreement has been or will be executed by
the petitioners herein and the Town of Firestone relating to this annexation and
the petitioners hereby expressly consent to the terms and conditions set forth in
the annexation agreement.
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WHEREFORE, the petitioners, whose signatures are on the signature sheet on the next page,
respectfully request that the Town of Firestone, acting through its Board of Trustees, approve the
annexation of the area proposed to be annexed.
M
That (he or she) was the circulator of the foregoing Petition for Annexation of lands to
the Town of Firestone, Colorado, consisting of pages, including this page and that each
signature thereon was •# by your affiant and is the true signature of the person whose
name it purports to be.
STATE OF COL ORADO
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COUNTY OF WE,
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