HomeMy WebLinkAbout20090640.tiffHEARING CERTIFICATION
DOCKET NO. 2009-12.A
RE: PETITION AND AGREEMENT FOR ANNEXATION OF A PORTION OF COUNTY ROADI I
(ENCLAVE ANNEXATION AND REZONE #4) TO THE TOWN OF FREDERICK AND
AUTHORIZE CHAIR TO SIGN NECESSARY DOCUMENTS
A public hearing was conducted on March 11, 2009, at 9:00 a.m., with the following present:
Commissioner William F. Garcia, Chair
Commissioner Douglas Rademacher, Pro-Tem - EXCUSED
Commissioner Sean P. Conway
Commissioner Barbara Kirkmeyer
Commissioner David E. Long
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
Assistant County Attorney, Cyndy Giauque
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 on February 18, 2009, 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. At said hearing, at the
request of the Town of Frederick, the Board deemed it advisable to continue consideration of the
Petition and Agreement for Annexation of a Portion of County Road 11 (Enclave Annexation and
Rezone #4) to March 11, 2009, to allow the Town additional time to review the bridge maintenance
reports. On March 11, 2009, Chair Garcia made this a matter of record.
Jennifer Simmons, Town of Frederick Planning Director, stated the Board previously approved
seven similar annexations in February, 2009, and this specific petition was continued so that Town
staff could investigate the condition of a bridge within this segment of roadway. She confirmed Don
Carroll, Department of Public Works, provided documentation of the condition of the bridge, and
the Town has also physically inspected the bridge, which is in good standing, therefore, the Town
is now ready to move forward and accept this portion of roadway. She requested the Board
approve the affiliated Annexation Agreement.
In response to Commissioner Conway, Ms. Simmons indicated several surrounding property
owners did contact the Town to question whether or not their individual properties would be
required to complete the annexation process to the Town of Frederick. She confirmed the property
owners will not be required to complete the annexation process, unless they elect to do so, and the
accesses will be allowed to be maintained in their current locations. She further confirmed fence
lines which are located outside of the right-of-way will also be allowed to remain. Commissioner
Conway expressed his concerns regarding the potential for forced annexations, and he requested
that Ms. Simmons review the Town's policies for Eminent Domain. Ms. Simmons clarified the Town
(0: Pt, ed, c4
2009-0640
EG0060
n3/i Ring
HEARING CERTIFICATION - PETITION AND AGREEMENT FOR ANNEXATION OF PORTION
OF COUNTY ROAD 11 (ANNEXATION AND REZONE #4) TO TOWN OF FREDERICK
PAGE 2
has decided not to pursue the annexation of any enclave properties at this time. She confirmed
many of the surrounding property owners have expressed their desire to remain as Weld County
residents, and are satisfied with the uses currently allowed within their Zoning Districts.
Commissioner Kirkmeyer indicated it is her understanding that the Town of Frederick may not use
the annexation of roads as a means to force a property, which has become an enclave, to annex
into the Town; however, the Town may utilize the annexed roads as a part of the requirement to
obtain 1/6th contiguity. She clarified an enclave is only created by surrounding properties which
have been annexed by a Town; not by roads which have been annexed. Commissioner Conway
expressed his appreciation to Commissioner Kirkmeyer for her explanation and he reiterated he
does not desire for property owners to be forced into annexation. Ms. Simmons clarified, for this
particular section of road, the properties to the east of the road are under the jurisdiction of the
County, and the properties to the west of the road are under the jurisdiction of the Town of
Frederick. She further clarified the Town has annexed many portions of land within the immediate
vicinity, and could pursue the annexation process, regardless of the annexation of this road
segment; however, she reiterated the Town has chosen not to seek annexation of properties at this
time.
No public testimony was offered concerning this matter.
Commissioner Kirkmeyer moved to approve the Petition and Agreement for Annexation of a Portion
of County Road 11 (Enclave Annexation and Rezone #4) to the Town of Frederick and authorize
Chair to sign all necessary documents. The motion was seconded by Commissioner Long, and
it carried unanimously. There being no further discussion, the hearing was completed at 9:35 a.m.
2009-0640
EG0060
HEARING CERTIFICATION - PETITION AND AGREEMENT FOR ANNEXATION OF PORTION
OF COUNTY ROAD 11 (ANNEXATION AND REZONE #4) TO TOWN OF FREDERICK
PAGE 3
This Certification was approved on the 16th day of March, 2009.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD , COLORADO
ATTEST:
Weld County Clerk t
BY
Deputy Clerk to the=oard;".
illlam F. Gar dia; Chair
EXCUSED
Douglas Rademacher, Pro-Tem
Sean P. Conway
arb\Kirkmeyer
David E. Long
2009-0640
EG0060
Hello