HomeMy WebLinkAbout20090469.tiffHEARING CERTIFICATION
DOCKET NO. 2009-12
RE: EIGHT PETITIONS FOR ANNEXATION OF PORTIONS OF COUNTY ROAD 16 (ENCLAVE
ANNEXATION AND REZONE #1 AND #2), COUNTY ROAD 11 (ENCLAVE ANNEXATION
AND REZONE #3 AND #4), COUNTY ROAD 18 (ENCLAVE ANNEXATION AND
REZONE #5), COUNTY ROAD 13 (ANNEXATION AND REZONE #6 AND #8), AND
WILLIAM BAILEY AVENUE (ANNEXATION AND REZONE #9) TO THE TOWN OF
FREDERICK AND AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
A public hearing was conducted on February 18, 2009, at 9:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem
Commissioner Sean P. Conway - EXCUSED
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated February 6, 2009, and duly published February 13,
2009, in the Greeley Tribune, a public hearing was conducted to consider Eight Petitions for
Annexation of Portions of County Road 16 (Enclave Annexation and Rezone #1 and #2), County
Road 11 (Enclave Annexation and Rezone #3 and #4), County Road 18 (Enclave Annexation and
Rezone #5), County Road 13 (Annexation and Rezone #6 and #8), and William Bailey Avenue
(Annexation and Rezone #9) to the Town of Frederick. Bruce Barker, County Attorney, made this
a matter of record.
Jennifer Simmons, Town of Frederick Planning Director, stated the Town identified eight portions
of County right-of-way which are adjacent to annexed portions of right-of-way, and has worked with
the Department of Public Works and the County Attorney's Office to negotiate an Annexation
Agreement for seven of the right-of-way portions. Ms. Simmons requested the withdrawal of
Annexation and Rezone #4, to allow additional time for review of the information provided by the
Department of Public Works regarding two bridges to be acquired. In response to Commissioner
Rademacher, Ms. Simmons stated she has received eight telephone calls and one e-mail and she
confirmed for the constituents that their properties are not being annexed to the Town, and that the
zoning and taxes will not change. Responding to Commissioner Long, Commissioner Kirkmeyer
stated paragraph #2.c of the Annexation Agreement indicates the Town will not limit vehicular
access or use of the real property so as to exclude farm or agricultural vehicles and equipment.
Responding to Commissioner Kirkmeyer, Mr. Barker stated this will not restrict oil and gas traffic;
however, additional specific language may be added. Ms. Simmons stated the Town of Frederick
issues permits for oil and gas activities, and the only restriction is that a permit be obtained for
overweight vehicles. She further stated the permit for overweight vehicles is also required for
companies who are accessing an unincorporated parcel using municipal roadways.
2009-0469
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HEARING CERTIFICATION - EIGHT PETITIONS FOR ANNEXATION TO TOWN OF FREDERICK
PAGE 2
Don Carroll, Department of Public Works, stated the terms of the Annexation Agreement address
the various items requested by the Board, such as requests for weight limits on bridges and roads,
access, and additional right-of-way for future roads. He stated staff has received some inquiries
from citizens; however, they were able to provide clarification on the matter. In response to
Commissioner Rademacher, Mr. Carroll stated the two bridges on County Road 11 were built in
1950 and 1997, and one is constructed of wood, and the other is made of steel. He stated he has
provided the bridge data to the town to assess the maintenance issues. He further stated he does
not believe the County maintains the subject portion of County Road 11. In response to
Commissioner Kirkmeyer, Ms. Simmons stated the Town is requesting the withdrawal of Enclave
Annexation and Rezone #4 to allow for additional review of the bridge reports, with the intent of
pursuing the matter at a later date. She stated the withdrawal will result in continuing with the
existing conditions until the Town is ready to proceed. Further responding to Commissioner
Kirkmeyer, Ms. Simmons explained Annexation #3 is north of County Road 18, and Annexation #4
is south of County Road 18, and the County is currently responsible for the east half of both
portions, with the west half being under the jurisdiction of the Town. She reiterated Annexation #4
includes the bridges, and the Town would like the chance to review the maintenance reports before
moving forward with the annexation. In response to Commissioner Rademacher, Ms. Simmons
clarified the Town currently maintains both sides of County Road 11. Miles Troupstaff, Town of
Frederick Engineer, confirmed the Town has been maintaining this portion of County Road 11, and
they chip sealed the road last summer. He also noted the Town does have jurisdiction of another
bridge further south on County Road 11.
No public testimony was offered concerning this matter. In response to Mr. Barker, Ms. Simmons
requested a three-week continuance to allow adequate time to review the bridge maintenance
reports. Commissioner Kirkmeyer moved to continue consideration of the Petition and Annexation
Agreement for a portion of County Road 11 (Enclave Annexation and Rezone #4) to March 11,
2009, at 9:00 a.m. Commissioner Rademacher seconded the motion, which carried unanimously.
Commissioner Rademacher moved to approve the Seven Petitions for Annexation of Portions of
County Road 16 (Enclave Annexation and Rezone #1 and #2), County Road 11 (Enclave
Annexation and Rezone #3), County Road 18 (Enclave Annexation and Rezone #5), County
Road 13 (Annexation and Rezone #6 and #8), and William Bailey Avenue (Annexation and
Rezone #9) to the Town of Frederick and authorize Chair to sign all necessary documents. The
motion was seconded by Commissioner Kirkmeyer, and it carried unanimously. There being no
further discussion, the hearing was completed at 9:55 a.m.
2009-0469
EG0060
HEARING CERTIFICATION - EIGHT PETITIONS FOR ANNEXATION TO TOWN OF FREDERICK
PAGE 3
This Certification was approved on the 23rd day of February, 2009.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD GOU.IQ/COLORADO
ATTEST:
Weld County Clerk to the
BY.
EXCUSED
P. Conway
Sea arb
Ara
ara Kirkmeyer
J
David E. Long
2009-0469
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TOWN OF FREDERICK
401 LOCUST STREET • P.O. BOX 435
FREDERICK, CO 80530-0435
PHONE: (303) 833-2388 • FAX: (303) 833-3817
WEBSITE: WWW.FREDERICKCO.GOV
Planning Department
April 7, 2009
Weld County Board of Commissioners
PO Box 758
Greeley, CO 80632
Re: Annexation referrals
Honorable Chairman Garcia,
The Town of Frederick has submitted nine annexation applications to the Town Planning
Department. Eight of these annexations are comprised solely of rights -of -way which you have
considered and voted to allow the annexations to proceed through the Town's process. The ninth
annexation is Town owned property. This referral is sent to you as part of the Town's process.
Referrals have also been sent to Mr. Barker, the Planning Department, and Engineering
Department.
The enclosed CD contains the submittal documents for each of the nine annexation applications.
Should you have any questions or comments, please submit them to Todd Tucker at the
Frederick Planning Department.
Regards,
Jennifer Simmons, AICP
Planning Director
cc: ROW annexation file
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