HomeMy WebLinkAbout20072911 V" .
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�;. )` ",fk_ August 31, 2007
)4'...-Y.' .. Sent Via Registered Mail
TOWN OF ERIE
1874
Weld County Commissioners
915 10th Street
Greeley, CO 80631
RE: Annexation Petition
Dear Weld County Commissioners:
The Town of Erie has scheduled a public hearing to consider a petition for the "Public Service
Company of Colorado Annexation" for September 25, 2007, at 7:00 p.m. or as soon as possible
thereafter. The Public Hearing will be held in the Board Room of the Erie Town Hall, 645
Holbrook, Erie, CO 80516.
Per C.R.S. 31-12-108 (2) "A copy of the published notice, together with a copy of the resolution
and petition as filed, shall also be sent by registered mail by the clerk to the board of county
commissioners and to the county attorney of the county wherein the territory is located and to any
special district or school district having territory within the area to be annexed at least twenty-five
days prior to the date fixed for such hearing."
Please fmd enclosed the following documents:
1) Resolution No. 07-104: A Resolution Finding Substantial Compliance Of The
Annexation Petition Regarding The Annexation And Zoning Of Certain Properties In
Weld County, Colorado To The Town Of Erie, Said Annexation To Be known As
The Public Service Company of Colorado Annexation; Setting A Public Hearing On
Said Annexation And Zoning.
2) Petition submitted by the applicant; including legal descriptions and maps
3) Copy of published notice; to be run August 29, 2007; September 5, 2007; September
12, 2007;and September 19, 2007.
4) Copy of the Impact Report with attached maps
Please refer questions or comments to the Erie Town Clerk's Office, 303-926-2731; fax: 303-926-
2798;P.O. Box 750, Erie, CO 80516
Very Truly Yours,
N ncy J ker
Very
Town Clerk
Town of Erie, Colorado
Enclosures G3n'333 3
cc: Town Attorney; Town Administrator; file
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645 Holbrook•P.O. Box 750•Erie,Colorado,80516•Phone(303)926-2700•Fax (303)926-27( 2007-2911
RESOLUTION NO. 07-104.
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE OF THE ANNEXATION
PETITION REGARDING't"FEE.ANNEXATION OF CERTAIN PROPERTIES IN WELD
COUNTY,COLORADO.TO THE TOWN OF ERIE,SAID ANNEXATION TO l3E
KNOWN AS THE PUBLIC SERVICE COMPANY OF COLORADO ANNEXATION.
`til4'E IT:RI'.AS, a petition for annexation of certain properties has been filed with the Board
of Trustees of the town of t:::rie,Colorado t?y }'ubhc'Service Company of Colorado;and
WHEREAS, the Board of I rustecs has reviewed the petition; and
WHEREAS. the Board of Trustees wishes to permit simultaneous consideratiuu of
subject property for annexation and xUr:ilig;land
WHEREAS. the Board of Trustees has reviewed the petition and desires to adopt by
Resolution its findings in regard to the petition:
NOW.T1 IEREFORE,BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF ERIE.COLORADO, as follows:
I. The petition; whose legal descriptions are attacitrd hereto as F.xhibit A and.
incorporated by reference herein, is in substantial compliance with the applicable
laws of the State of Colorado.
2. No election is required under C.R.S. §31-12-107t2).
3. No additjdnal terms.and coilditions are to be imposed as may require an election
under C.R.S. *31-12-112.
4, The Hoard of Trustees will hold a public hearing for the purpose ofdetennining if
the proposed annexation complies with C.R.S. §3t-12-104,and with C.R.S. §31-
I2-'05,and rill hold a public hearing to doenninc the appropriate zoning orthe
subiecr property,at the Erie•I'own Hall,645 Holbrook Street.Erie,Colorado
S0316.at the following time and date:
7:00 PM.
September 25,2007
5. Any.person may appear at such hearing and present evidence relative.to the.
proposed annexation or the proposed zoning.
6. Upon completion of the hearing,the Board of Trustees shall set forth,by.
resolution. its Ehtditigs and conclusions with reference to the eli ibitity of the
proposed annexation,and whether the statutory requirements for the proposed
annexation hiive.becti WO. and further. will determine the a?prOpiate tolling of
the subject prriperry.
7. The appropriate Town t 111'rcials itrebereby.uuthoriytd k 'iLn and hind the Tov,n
tc) t1;is licsolation of Substantial Compliance.
e.
INI€tt)Dt;t;:F:l'). READ. siGNED AND AT'luW r. )this ►"'day at August. :'(}U7.
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ATTEST: ......,.
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Annexation Petition
TO: BOARD OF TRUSTEES OF TOWN OF ERIE, COLORADO
RE: Petition Known As:Annexation of Lot B, Recorded Exemption No. 1467-18-2
RE-4161
DATE: May 4, 2007
Public Service Company of Colorado, the undersigned landowner, in accordance with Colorado
law, hereby petition the Town of Erie and its Board of Trustees for annexation to the Town of Erie
of the following described unincorporated territory located in the County of Weld and State of
Colorado, to-wit:
The 10.817-acre lot in the Northwest Y.of Section 18,Township 1 North, Range 68 West, 6m
Prime Meridian.See legal description in Exhibit A.
As part of this petition, petitioner further states to the Board of Trustees of Erie, Colorado, that:
1. It is desirable and necessary that the territory described above be annexed to the Town of
Erie.
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 pei ii i cater of the area proposed to be annexed is
contiguous with the Town of Erie or will be contiguous with the Town of Erie within such
time as required by 31-12-104.
b. A community of interest exists between the area proposed to be annexed and the Town
of Erie.
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 Erie.
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, 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.
1
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 Erie more than three miles in any direction from
any point of the boundary of the Town of Erie in any one year.
j. Prior to completion of the annexation of the territory proposed to be annexed, the Town of
Erie will have in place a plan for that area, 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 Erie; and the proposed land uses for the area; such plan to
be updated at least once annually.
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 Erie will not deny reasonable
access 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 Erie but is not
bounded on both sides by the Town of Erie.
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 at Exhibit B are four copies of an annexation map containing the
following information:
a. A written metes and bounds legal description of the boundaries of the area proposed to
be annexed;
b. A map showing the boundary or the area proposed to be annexed with bearing, distance,
and curve data, 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 Erie 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 Erie,
except for general property taxes of the Town of Erie which shall become effective as the
January 1 next ensuing.
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6. The zoning classification requested for the area proposed to be annexed is:
Neighborhood Mixed-Use(NMU)and Public Lands and Institutions(PLI)
WHEREFORE, the following petitioner respectfully requests that the Town of Erie, 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/t above information is complete and true.
Owner.�/�1�1i�as/c a i Date: —en"-09"
ApplicantlV Id.PC_0 Date: 1---e1'7'0
(attach additional signatures as necessary)
3
RECORD OF
LAND OWNERSHIP AND DATE SIGNED
Landowner/Petitioner
Mailing Address Date Signed Legal Description of Land Owned
Public Service Company of Colorado Lot B, corrected Recorded Exemption No. 1467-18-2
550 15th Street, Suite 700 RE-4161, being a replat of the Lot B, RE-128,
Denver, Colorado 80202 Recorded August 4, 2006 as Reception No. 3409328
in the Weld County Clerk and Recorder's Office, State
of Colorado, located in part of the Northwest Quarter
of Section 18, Township 1 North, Range 68 West of
the 61° P.M., County of Weld, State of Colorado.
Containing 10:817 acres(Gross), more or less.
5
coo: 140TA/4-'•
-e _ 172
STATE OF COLORADO ) Nc, PUBLIC
COUNTY OF ) SS oF'cploct
The foregoing instrument was acknowledged before me this ,c) 44-- day of
213 by .9-9Go.s. 6,_Y.bt s( .
My commission expires: v2\ta'"Z-°ag .
Witness my hand and official seal, •
Notary u lic
4
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
SS.
COUNTY OF WtA )
C-44424135 4 1-U NY , being first duly sworn
upon oath, deposes and says that (he or she)was the circulator of this Petition for
Annexation of lands to the Town of Erie, Colorado, consisting of 5 pages including this
page and that each signature hereon was witnessed by your affiant and is the signature
of the person whose name it purports to be.
rculator
STATE OF COLORADO )
) SS.
COUNTY OF kl�"�-D )
The foregoing instrument was acknowledged before me this 271 day of
jtAll , 20Di by a 0. It-5 V 6.44 ✓
Z6t!
My commission expires:
•
Witness my hand and o ial seal. la J
Notary P is
6
EXHIBIT A
Legal Description:
Lot B, corrected Recorded Exemption No. 1467-18-2 RE-4161, being a replat of the Lot B, RE-128,
Recorded August 4, 2006 as Reception No. 3409328 in the Weld County Clerk and Recorder's Office,
State of Colorado, located in part of the Northwest Quarter of Section 18, Township 1 North, Range 68
West of the 6th P.M., County of Weld, State of Colorado.
Containing 10.817 acres(Gross), more or less.
7
EXHIBIT B
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NOTICE OF PUBLIC HEARING
BOARD OF TRUSTEES
TOWN OF ERIE
Notice is hereby given that on September 25, 2007, at 7:00 PM, or as soon as possible
thereafter, in the Town Hall, 645 Holbrook, Erie, Colorado, or at such place and time as
the hearing may be adjourned to, a PUBLIC HEARING will be held upon the Petition for
Annexation filed by Public Service Company of Colorado, 550 15th Street, Suite 700,
Denver, CO., for the purpose of determining and finding whether the area proposed to
be annexed meets the applicable requirements of C.R.S. Sections 31-12-104 and 31-
12-105 and is considered eligible for annexation.
A copy of the Petition for Annexation, as filed, is included in this Notice.
The legal description of the property is:
Lot B,Corrected Recorded Exemption No. 1467-18-2 RE-4161,being a replat of Lot B,
RE-128,recorded August 4,2006 at Reception No. 3409328 in the Weld County Clerk
and Recorder's Office, State of Colorado, located in part of the northwest quarter of Section 18,
Township 1 North,Range 68 West of the 6th P.M.,County of Weld, State of Colorado.
Containing 10.817 acres(Gross),more or less.
The Application for Annexation and Initial Zoning is on file with the Town of Erie.
Any person may appear at the Public Hearing and present evidence upon any matter to
be determined by the Board of Trustees. The Board of Trustees will be taking
comments at the Public Hearing prior to making a determination or taking any action on
this matter.
/s/ Nancy J. Parker
Town Clerk
FOR QUESTIONS OR COMMENTS, CONTACT
TOWN OF ERIE
COMMUNITY DEVELOPMENT DEPARTMENT
P.O. BOX 750
ERIE, COLORADO 80516
PHONE: (303) 926-2770
FAX: (303) 926-2706
This Notice shall be published in the Erie Review once a week for four successive
weeks: August 29, 2007; September 5, 2007; September 12, 2007; and September 19,
2007.
Please send the affidavit of publication and billing to:
Town Clerk
Town of Erie
PO Box 750
Erie, CO 80516
Annexation Impact Report
For
Public Service Company of Colorado
Annexation
Prepared for the County of Weld, Colorado
Town of Erie
645 Holbrook, PO Box 750
Erie, Colorado 80516
31 August 2007
1 of4
TABLE OF CONTENTS
I. Introduction
II. Municipal Services
III. Municipal Services Financing
IV. Existing Special Districts
V. Impact on Public School District Systems
Exhibit A Present and proposed boundaries of the municipality in the vicinity of
the proposed annexation; also present streets in the vicinity of the
proposed annexation
Exhibit B1 Major trunk water mains
Exhibit B2 Major trunk sewer mains
Exhibit C Existing and proposed land use pattern
2 of4
Introduction
This impact report is provided to Weld County pursuant to C.R.S. 31-12-108.5(1).
The Town of Erie, Colorado, has received an annexation petition for approximately 10.82
acres located within Weld County, owned by Public Service Company of Colorado.
The property is proposed for zoning as Neighborhood Mixed Use (NMU) and Public
Lands/Institutions (PLI) under the Town of Erie Municipal Code, Title 10.
On September 25, 2007, the Town of Erie will hold a public hearing to consider this
annexation.
I. Annexation Map
The subject property is depicted on the Annexation Map, Exhibit Al, attached.
Also shown on Exhibit Al, pursuant to C.R.S. 31-12-108.5 is the following:
The present and proposed boundaries of the municipality in the
vicinity of the proposed annexation.
Shown on Exhibits B1 and B2 are the following:
The present streets, major trunk water mains, sewer
interceptors and outfalls, other utility lines and ditches, and the
proposed extension of such streets and utility lines in the
vicinity of the proposed annexation.
Shown on Exhibit C are the following:
The existing and proposed land use pattern in the vicinity of
the site to be annexed.
II. Utilities/Municipal Services
1. Water and Wastewater
Water and wastewater services are available to serve the site. The proposed annexation
will not require the town to extend any municipal water or wastewater service lines.
2. Other Utilities
Quest Communications currently provides telephone service within the proposed
annexation vicinity. No change in this service is proposed.
3 of4
Xcel Energy currently provides electric and natural gas services within the proposed
annexation vicinity. No change in this service is proposed.
The proposed annexation will not require major service extensions from any of the above
described utility providers.
3. Police Protection
The Town of Erie provides its own police protection and will extend police protection
services to the area proposed to be included within the town's boundaries as part of this
annexation.
4. Street maintenance and improvements
The annexation area has access from County Line Road. No new roads are proposed.
Maintenance of the existing street within the annexation will be provided by the town.
5. Other Municipal Services
The Town of Erie provides municipal services such as recreation and senior services. No
infrastructure extension or expansion is required.
III. Municipal Services Financing
No additional infrastructure is required or proposed to provide municipal services within
the area proposed to be included within the town's boundaries as part of this annexation.
To the extent any additional service provision occurs, such service can be accommodated
within the town's current budget.
IV. Special Districts
The proposed annexation area is encompassed within the following districts:
• Mountain View Fire Protection District
• St. Vrain Valley School District REl-J
• Northern Colorado Water Conservancy District
• Northern Colorado Water Conservancy District Subdistrict
• Weld County Library District
V. School District Impact
The area to be annexed will have no impact on the school district. There will be no
additional students added to the school system as a result of the siting of the substation.
4 of
TOWN OF ERIE (OMPREHENSWE PLAN
Land Use Plan
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WASTEWATER MASTER PLAN
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WATER MASTER PLAN
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