HomeMy WebLinkAbout20051796.tiff Town of Mead
P.O.Box 826 I, —,
441 Third Street -
Mead"A Little Town Mead,Colorado 80542-0828
V.9 h aBi`Free" (970)535-4477
• r. �.
June 15, 2005
Weld County Board of Commissioners CERTIFIED MAIL#7003 1680 0002 0476 7221
P.O. Box 758
Greeley, CO 80632
RE: Notice of Public Hearing- Margil Farms Supplemental Annexation
Board of Trustees - 7:00 P.M., Monday, July 11, 2005.
Gentlemen:
Please be advised that a public hearing before the Mead Board of Trustees has been set to
review and consider the annexation of a portion of the Northeast one quarter of Section 3,
Township 3 North, Range 68 West of the 6th P.M., Weld County, State of Colorado. The
property is owned by MFDP, LLC, a Colorado limited liability company. Approximately 12 acres
of the site will be dedicated to open space, storm water detention and road rights-of-way. The
remaining 10 acres will be developed for commercial uses.
In accordance with C.R.S. § 31-12-108 (2), this notice has been sent to the Board of
County Conunissioners and County Attorney for Weld County, and to each special district or
school district having territory within the area to be annexed. This notice has also been sent to
service providers and those holding a franchise with the Town.
Attached is a copy of the published public hearing notice, together with a copy of the
applicant's petition for annexation and the adopted resolution finding substantial compliance and
initiating annexation proceedings. As one of the Town's referral agencies, you have previously
received copies of the "Letter of Intent"provided with the application, maps of the property
location and a"concept plan" for the development of the property. Copies of the full application,
as well as the full-sized maps submitted with the application are available for review in the Mead
Town Hall, 441 3`' Street, Mead, Colorado. Written comments may be sent to Michael D. Friesen,
Town Administrator, Box 626, Mead, CO 80542.
Very truly yours,
ci24attAA-
Candace Bridgwater
Town Clerk
� q � �� -Merge Sup AAAnnnnex�-Co&Sp DIM Notice.wpd &15/05 9:39 em)
`.020 —(O.5 2005-1796
NOTICE OF PUBLIC HEARING
MEAD BOARD OF TRUSTEES
MARGIL FARMS SUPPLEMENTAL ANNEXATION
NOTICE IS HEREBY GIVEN that the Board of Trustees of the Town of Mead has
adopted a Resolution of Substantial Compliance initiating annexation proceedings for the
"Margil Farms Supplemental Annexation," said Annexation being more particularly described in
the following Resolution No. 8 - R - 2005.
The Board of Trustees of the Town of Mead will hold a Public Hearing commencing at
7:00pm, Monday, July 11, 2005, at the Mead Town Hall, 441 3r1 Street, Mead, Colorado 80542,
for the purpose of determining whether the property proposed to be annexed meet the
applicable requirements of the statutes of the State of Colorado and is eligible for annexation to
the Town of Mead, and to establish the appropriate land use for the property, if requested.
Any person may appear at the Public Hearing and be heard regarding the matters under
consideration.
Copies of the petition and supporting material submitted to the Town are on file and
available for public inspection in the Office of the Town Clerk, at the Mead Town Hall, 441 3r°
Street, Mead, Colorado 80542.
Dated this 24th day of May, 2005.
TOWN OF MEAD, COLORADO
By: /s/Candace Bridgwater
Town Clerk
RESOLUTION NO. 8 -R- 2005
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE AND
INITIATING ANNEXATION PROCEEDINGS FOR CERTAIN
PROPERTIES IN WELD COUNTY, COLORADO TO THE TOWN
OF MEAD, SAID ANNEXATION TO BE KNOWN AS THE
MARGIL FARMS SUPPLEMENTAL ANNEXATION.
WHEREAS, a written petition dated 4/6/04, together with four(4)prints of the annexation map
for the annexation of certain properties in Weld County have been filed with the Board of Trustees of the
Town of Mead by MFDP, LLC, a Colorado limited liability company, whose address is 1208 Wagon
Wheel Court, P.O. Box 38, Berthoud, CO 80513; and
WHEREAS,the applicant has withdrawn Item No. 7 from the petition regarding the reservation
of a right to withdraw the petition for up to 30 days after the adoption of the annexation ordinance; and
WHEREAS,the Board of Trustees has reviewed the petitions and supporting material; and
WHEREAS, the Board of Trustees wishes to permit simultaneous consideration of subject
property for annexation and zoning, if requested in the petition; and
WHEREAS,the Board of Trustees has reviewed the petitions and desires to adopt by Resolution
its findings in regard to the petitions;
NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF Mead, COLORADO, as follows:
Section 1. The petition, whose legal description is attached hereto as Exhibit A and
incorporated by reference herein, is accepted and determined to be in substantial compliance with the
applicable laws of the State of Colorado.
Section 2. No election is required under C.R.S. §31-12-107(2).
Section 3. No additional terms and conditions are to be imposed except those provided for
in the petitions.
Section 4. The Board of Trustees will hold a public hearing for the purpose of determining
if the propose annexation complies with C.R.S. §31-12-104, and with C.R.S. §31-12-105, and will hold a
public hearing to determine the appropriate zoning of the subject properties if requested in the petition, at
the Mead Town Hall,441 3'd Street, Mead, Colorado 80542, at the following time and date:
7:00 PM, Monday, July 11, 2005
Section 5. Any person may appear at such hearing and present evidence relative to the
proposed annexation or the proposed zoning.
Section 6. Upon completion of the hearing, the Board of Trustees shall set forth, by
Annex PH Notice BOT-Newspaper Publication-Margit Supplemental wpd 5/23/05 9:57 am) Page 2 of 4
resolution, its findings and conclusions with reference to the eligibility of the proposed annexation, and
whether the statutory requirements for the proposed annexation have been met, and further, will
determine the appropriate zoning of the subject property if requested in the petition.
Section 7. If the Board of Trustees concludes,by resolution, that all statutory requirements
have been met and that the proposed annexation is proper under the laws of the State of Colorado, the
Board of Trustees shall pass one or more ordinances annexing the subject property to the Town of Mead,
and shall pass one or more ordinances zoning the subject property if requested in the petition.
INTRODUCED,READ, SIGNED AND APPROVED this 23rd day of May , 2005.
ATTEST: TOWN OF MEAD
By /s/Candace Bridgwater By /s/Richard E. Kraemer
Candace Bridgwater, Town Clerk Richard E. Kraemer, Mayor
Annex PH Notice BOT•Newspaper Publication-Margil Supplemenlal.wpd 5/23/05 9:57 am) Page 3 of 4
EXHIBIT A
MARGIL FARMS SUPPLEMENTAL ANNEXATION
LEGAL DESCRIPTION:
A TRACT OF LAND (LABELED PARCEL 1) LOCATED IN THE NORTHEAST /OF SECTION 3,
T3N, R68W OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST '/CORNER OF SAID SECTION 3; THENCE ALONG THE SOUTH
LINE OF THE NORTHEAST '/ CORNER OF SAID SECTION 3 S88°59'41"W, A DISTANCE OF
250.01 FEET TO A POINT ON THE WEST R.O.W. LINE OF I-25; THENCE N00°33'03"W, A
DISTANCE OF 1353.34 FEET ALONG SAID WEST R.O.W. LINE TO THE POINT OF
BEGINNING; THENCE N00°33'03"W, A DISTANCE OF 1242.38 FEET ALONG SAID WEST
R.O.W. LINE TO A POINT ON THE SOUTH R.O.W. LINE OF WCR 38; THENCE N80°58'16"W, A
DISTANCE OF 496.81 FEET ALONG SAID SOUTH R.O.W. LINE; THENCE S89°13'44"W, A
DISTANCE OF 302.28 FEET ALONG SAID SOUTH R.O.W. LINE; THENCE LEAVING SAID
SOUTH R.O.W. LINE S00°33'03"E, A DISTANCE OF 1157.21 FEET; THENCE S78°40'05"E, A
DISTANCE OF 809.51 FEET TO THE POINT OF BEGINNING.
SAID TRACT CONTAINING 22.11 ACRES MORE OR LESS.
Annex PH Notice BOT-Newspaper Publication-Margil Supplemental.wpb 5/23/05 9:57 am) Page 4 of 4
Margil Farms Supplementary Annexation
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF MEAD, COLORADO:
We, MFDP LLC, the undersigned landowner(s), in accordance with Colorado •
law, hereby petition the Town of Mead and its Board of Trustees for annexation to
the Town of Mead of the following described unincorporated territory located in the
County of Weld and State of Colorado, to-wit:
See Exhibit A for Legal Description, attached hereto and
incorporated herein by this reference.
As part of this petition, your petitioner further states to the Board of Trustees
of Mead, Colorado, that:
1. It is desirable and necessary that the territory described in Exhibit A be
annexed to the Town of Mead.
2. The requirements of C.R.S. sections 31-12-104 and 31-12-106, 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 Mead or will be contiguous with
the Town of Mead 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 Mead.
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 Mead.
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 Mead more than
three miles in any direction from any point of the boundary of the Town of
Mead in any one year.
j. The plan for the territory proposed to be annexed shall be governed
by the Margil Farms Annexation Agreement dated September 2, 1997 as
subsequently amended
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 Mead 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
Mead but is not bounded on both sides by the Town of Mead.
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 are four copies of an annexation map
containing the information following:
a. A written 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,
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 Mead 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 Mead, except for general property taxes of the Town of
Mead which shall become effective as the January 1 next ensuing.
2
6. The zoning classification (land use) requested for the area proposed to be
annexed is Commercial as governed by the Margil Farms Annexation
Agreement dated September 2. 1997 as subsequently amended.
7. The Landowner reserves the right to withdraw its annexation request
and its
originally filed annexation petition. The Town and Landowner acknowledge
that owner may withdraw its petition for annexation et any time thirty (30)
days after notice of the Town's adoption of the ordinance annexing the
property has been published. Owner's right to withdraw the petition for
annexation shall expire thirty (30) days after the notice of the adoption of the
annexation ordinance has been published. Prior to such time, owner may
provide receipted-for written notice to the Town that the annexation has
been withdrawn. While provision of the written notice will preclude the
Town from annexing the property, owner shall continue to be obligated for
all costs associated with the annexation.
WHEREFORE, the following petitioner respectfully requests that the Town of
Mead, acting through its Board of Trustees, approve the annexation of the area
proposed to be annexed. By this acknowledgment, the undersigned hereby certify
that the above information is complete and true. (If the applicant is not the
owner(s) of the subject property, the owner(s), mortgage and/or lienholder shall
also sign the Applic ion.)
Owner: �4O - ---�-- Date: 4/4/aF
DP LL by Gary G. Olson, Operating Manager
STATE OF COLORADO ) it;
) SS.
COUNTY OF ) •
The foregoing instrument was acknowled ed before me this ._� P
A.
OF CCA=
rLW , 2004 by
tt(11. Cj 0/5-$1/4.,(:anmssonUpues9f1Rfl06
My commission expires: l71 Q
Witness My hen nd fficial seal.
Notary Public
Owner: Date: g v�t7¢—
MFDP L C by oger E. Olson, Operating Manager
STATE OF COLORADO )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 67 day of
(Ltd, 2004 by/; i---°
3
JO/i.06.44,16.mss Y •
•
/ i i F
My commission expires: ti tit%
Witness My hand and official seal. ��qrF V84� et
OF Q {
``` ., 'rod0= 'I Notary Public
1yCanffMaEtpl SIDLO, �2L //
Applicant: Same as Owners Date: 44/Of
Landowner/Petitioner Date Signed Legal Description
Mailing Address of Land Owned
MFDP LLC
PO Box 38 See Exhibit A for Legal
Berthoud, CO 80513 Description
4
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
ss.
COUNTY OF
Gary G. Olson, being first duly sworn upon oath, deposes and says that he was the
circulator of this Petition for Annexation of lands to the Town of Mead, Colorado.
consisting of [ 6 I pages including this page and that each signature hereon was
witnessed by your afflant and is the signature of the person whose name it
purports to be.
2.7 ye(erj_____
• Circulator
STATE OF COLORADO )
SS.
COUNTY OF
The foregoing instrument was acknowledged before me this 6 day of
2004 by .
•
My commission expires: n geo.,
Witness My hand and official seal.
�p JOyN`y,
}
• I '
•
N.`OP COW; I Note P blic
u1 �YIR�
5
•
LEGAL DESCRIPTION
ANNEXATION TO
THE TOWN OF MEAD
A TRACT OF LAND (LABELED PARCEL 1) LOCATED IN THE NORTHEAST ''A OF
SECTION 3, T3N, R68W OF THE SIXTH PRINCIPAL MERIDIAN, WELD COUNTY,
STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST '/4 CORNER OF SAID SECTION 3; THENCE ALONG THE
SOUTH LINE OF THE NORTHEAST 1, CORNER OF SAID SECTION 3 S88"59'41" W, A
DISTANCE OF 250.01 FEET TO A POINT ON THE WEST R.O.W. LINE OF I.25; THENCE
N00°33'03"W, A DISTANCE OF 1353.34 FEET ALONG SAID WEST R.U.W. LINE TO THE
POINT OF BEGINNING- THENCE N00°33'03"W, A DISTANCE OF 1242.38 FEET
ALONG SAID WEST R.O.W. LINE TO A POINT ON THE SOUTH R.O.W. LINE OF WCR
38; THENCE N80°58'16"W, A DISTANCE OF 496.81 FEET ALONG SAID SOUTH R.O.W.
LINE; THENCE 889°13'44"W, A DISTANCE OF 302.28 FEET ALONG SAID SOUTH
R.O.W. LINE; THENCE LEAVING SAID SOUTH R.O.W. LINE S00°33'03"E, A DISTANCE
OF 1157.21 FEET; THENCE S78°40'05"E, A DISTANCE OF 809.51 FEET TO THE POINT
OF BEGINNING.
SAID TRACT CONTAINING 22.11 ACRES MORE OR LESS.
6
flFDP LLC
A Colorado Limited Liability Company
1208 Wagon Wheel Court—P.O. Box 38
Berthoud Colorado 80513
(970)532-2948
April 6,2004
To Whom It May Concern:
Please be advised that We,MFDP LLC,hereby authorize Todd Hodges Design,LLC, to
represent us in our endeavor to annex our land,located in the NE 1/4 Section 3-T3N-R68
West of the 6th P.M., Weld County,Colorado.
C y Gary G. Olson,Operating Manager
Ker —11r
MFDP LLC.6y Roger E. Olson,Operating Manager
Town of Mead
P.O.Box 626
441 Third Street
Mead"A Lima Town Mead,Colorado 80542-0626
With slug lug Smart (970)535-4477
•
June 17, 2005
CERTIFIED MAIL# 7003 1680 0002 0476 7443
Weld County Board of Commissioners
P.O. Box 758
Greeley, CO 80632
RE: Required Annexation Impact Report- Margil Farms Supplemental Annexation to
the Town of Mead.
Gentlemen:
In accordance with the requirements of C.R.S. § 31-12-108.5, enclosed is a copy of the
Annexation Impact Report prepared for the proposed Margil Farms Supplemental Annexation to
the Town of Mead. You have received prior notice of the public hearings before the Planning
Commission and the Board of Trustees for this proposal. In the event that you have any questions
regarding this Annexation Impact Report, or the proposed annexation, you may contact Richard
E. Samson, the Town's Attorney, at(303) 776-1169.
Very truly yours,
(4412-4Ak
Candace Bridgwater
Town Clerk
Annex Impact Cover-Margil Supplemental Annex.wpd &17/05 9:55 am)
Annexation Impact Report
Margil Farms Supplemental Annexation
June 17, 2005
Prepared for:
Town of Mead
P.O. Box 626
Mead, CO 80542
Table of Contents
Page
1. Project Description 1
II. Municipal Services 1
III. Special Districts t
IV. School District Impact 1
V. Exhibits 2
A. Existing Conditions Map and Proposed Land Use Map
Forward:
This "annexation impact report" has been prepared pursuant to Section 31-12-108.5 Colorado Revised
Statutes, 1986 Repl. Vol. Contained in Exhibit"A" is a map depicting the proposed annexation, the
existing and proposed public services to the property and the existing and proposed land use for the
property.
I. Project Description:
The property proposed for annexation consists of approximately 22 acres and is located in the Southwest
corner of the WCR 38 and 1-25 interchange. The annexation is contiguous to the Town, being
surrounded on three sides by the original Margil Farms annexation. Thus it satisfies the 1/6 contiguity with
the Town boundaries required by statute.
The land proposed to be annexed is owned by MFDP LLC, 1208 Wagon Wheel Court, P.O. Box 38,
Berthoud, CO 80513. The annexation of this property is in conformance with the requirements of the
annexation agreement for the original Margil Farms Annexation. The 22 acres is divided approximately in
half, with commercial land use designation as defined in the Margil Farms Annexation Agreement on 10
acres and the remaining 12 acres to be devoted to open space, stormwater detention areas, road rights-
of-way and irrigation ditches. The land is currently zoned A(Agricultural) by Weld County. In conjunction
with the proposed annexation, the land-use will change to commercial land uses in conformance with the
Town's Land Use Code. Adjacent land uses include agriculture, and rural residences on large lots on the
east side of I-25, a medium density residential subdivision (Margil Farms Filing 2) to the west and
commercial land uses both North and South of the property.
II. Municipal Services:
Municipal services for the Margil Farms Supplemental Annexation will be provided in the following
manner:
Electricity Electric services are to be provided by the present supplier, United Power Inc.,
the electric franchisee for the Town of Mead.
Natural Gas Xcel Energy
Telephone Qwest Communications.
CAN K-2 Communicaitons
Water Little Thompson Water District.
Sanitary Sewer Sewer service will be provided by the Town of Mead.
Fire The site is currently served by the Berthoud Fire Protection District.
Police Weld County Sheriff, under contract with the Town of Mead.
Street Maintenance Maintenance of roadways within the annexation will be provided by the Town
after construction to Town specifications and acceptance by the Board of
Trustees.
Financing the municipal services within the area to be annexed is addressed in the existing annexation
agreement for the Margil Farms Annexation between the applicant and the Town of Mead. If requested,
the annexation agreements, with amendments, will be made available.
III. Special Districts:
The area to be annexed is included within the following special districts:
St. Vrain Sanitation District
St. Vrain Valley School District
Berthoud Fire Protection District
Northern Colorado Water Conservancy District
St. Vrain - Left Hand Water Conservancy District
Little Thompson Water District
Weld County Library District
IV. School District Impact:
It is anticipated that the annexation will bring a benefit to the St. Vrain School District RE1J due to the
increase in valuation, and will not contribute any K-12 students to the school system.
EXHIBIT A Existing Conditions Map and Proposed Land Use Map
t iliCe '/ ti;
yp1111 a IIII ' ld ' ''-
oyoy i
�em. I , le la � l UL
1111 A ii
0 i
�1 j .,..
.,:t.- - . _ ost I a,yr . , :� ,I,Ixi� Ilbi 11 ill11
,,I! i i;! ,, 11111
F
a A��Il a! II11I
- �..
__- —
-- r�rru=xuriwwaw axawuu�-_ — _
aeArrioxururw wpmwwn_ _ --
I
4
N�IN = Il II
I
.gig 1 I ill II!
e1 1 I
a�!!I! ` t i II 1 J �' 4/'R 7/ a 11�
siNit. I uh
. WIN ',ill 1 II
--Ili , =1=gr_. ati, . ;
if �,
a
e iii
III 1 1 I / ill
9� ; III1 LEI \°!dii I:I.11 it �P x� — — i
'lni I,�R� Pl ■� I
i R
h iihI p'J I! i
Hello