HomeMy WebLinkAbout20051881.tiff Town of Berthoud of BE*
328 Massachusetts Ave.
P.O. Box 1229 Ciij
Berthoud, CO 80513-2229
Ph. 970.532.2643 Fax 970.532.0640 �t jg8;
June 17, 2005
Weld County Commissioners
915 10th St.
Greeley, CO. 80632
RE: Betz Baird Annexation
Dear Sir or Madam:
The Town of Berthoud has received an annexation petition for the Betz Baird
Annexation and a public hearing has been scheduled for July 12, 2005
Pursuant to CRS 31-12-108, please accept this enclosed notice on the Betz
Baird Annexation. Enclosed are copies of the annexation petition, the
Annexation Impact Report, and copies of the published notice and a copy of the
resolution.
•
Sincerely,
SAAA cam, ft a c&
Susan K. Bowles
Planning Technician
1 Meer c ?sie2-c) //,,
f C� , 7/I -L' s- (0 ; �'1 iso, r/._ 2005-1881
PETITION FOR ANNEXATION
(Baird Betz)
The undersigned ("the Petitioners"), in accordance with Article 12, Chapter 31, C.R.S., as
amended, hereby petitions the Board of Trustees of the Town of Berthoud ("the Town Board"),
Larimer and Weld Counties, Colorado, for annexation to the Town of Berthoud, Colorado ("the
Town') of the unincorporated territory located in Weld County, Colorado, more particularly
described on Exhibit A attached hereto and incorporated herein by this reference ("the
Property"),to be known as the Baird Betz Annexation, and in support of this Petition, allege that:
1. The Property consists of 75.09 acres, more or less.
2. The requirements of C.R.S. Sections 31-12-104 and 31-12-105 exist or have been
met.
3. The perimeter of the Property has a distance of 7576.01 feet of which 4937.79
feet are contiguous to the existing boundary of the Town, resulting in not less than one-sixth
(1/6) of the perimeter of the Property being contiguous with the Town.
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated or is capable of being integrated with the Town.
7. No land 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:
a. Is divided into separate parts or parcels without the written consent of the
landowner or landowners thereof, unless such tracts or parcels are separated by a
dedicated street, road or other public way.
b. Comprising twenty (20) acres or more and which, together with the
buildings and improvements situated thereon has an assessed value in ones for excess
tof year
Hundred Thousand Dollars ($200,000.00) for ad valorem tax pure
preceding the annexation, is included within the territory proposed to be annexed without
the written consent of the landowner or landowners.
8. No part of the Property is more than three miles from a point on the municipal
boundary of the Town, as such was established more than one year before this annexation will
take place.
9. The Property is located within Weld County, the Johnstown Fire Protection
District, the Weld County Library District, the Weld County School District RE-53, the Aims
(LRM-2117/05) 1
•
Junior College District, the Northern Colorado Water Conservancy District, the Little Thompson
Water District, and the Big Thompson Soil District.
10. The Property is not presently a part of any incorporated city, city and county, or
town, and is not the subject of annexation proceedings to any other municipality.
11. No part of the Property is included within any site specific development plan
approved by Weld County, Colorado; Petitioners hereby waive any and all "vested rights"
previously created pursuant to Section 24-68-103, C.R.S., as amended, such waiver to take effect
upon the effective date of the ordinances annexing and zoning the Property.
12. Petitioners constitute one hundred percent (100%) of the landowners of the
Property and own one hundred percent (100%) of the Property.
13. The mailing address of each Petitioner, the legal description of the land owned by
each Petitioner and the date of signing of each signature are all shown on this Petition, the
exhibits attached hereto, and/or the Annexation Map delivered to the Town with this Petition.
14. Accompanying this Petition are twelve (12) prints of the Annexation Map
containing the information required under Section 30-16-300 (B) of the Town Development
Code.
15. It is necessary and desirable that the Property be annexed to the Town.
16. The Petitioners expressly acknowledge consent and agree to the following as
conditions of the annexation of the Property to the Town:
a. The Petitioners have submitted this Petition with the intention that the
Property will be developed in accordance with the Town's Development Code,
Comprehensive Plan, Municipal Code, resolutions and ordinances.
b. The Petitioners are aware that the Town has enacted fees and policies with
the intention that growth will pay its own way and that growth will improve the health,
safety and welfare of its citizens. Examples of the Town's fees, which are acceptable to
the Petitioners, include capital investment fees such as the water dedication fee, water tap
fee, wastewater tap fee, parkland dedication fee, parkland development fee, public
facilities fee and density transfer fee.
c. The Town has various enterprise funds through which utilities provided by
the Town are financed. Examples of the Town's utility services are its water, wastewater
and drainage utilities. The Town Board and the Town's Utility Board believe that the
provision of utilities by the Town assists in complying with the Comprehensive Plan and
Development Code and the Petitioners request that the Town provide all utility services
which are available now or which can be provided in the future by the Town at a cost
comparable to that which can be provided by any third party. The Petitioners understand
that there may be a significant period of time before municipal utilities will be available,
(LRM-2/17/05) 2
but anticipate that urbanization will be able to take place at a pace acceptable to
Petitioners without immediate access to municipal utilities.
d. The Town's Development Code requires that as a condition of approval
for any subdivision a development agreement be executed containing specific limitations
on the rate at which the development can proceed. The Petitioners understand that the
growth of the Town is limited by the Comprehensive Plan and ordinances and agree to
comply with these limitations.
e. The Town has determined that open space and agriculture add to community and have implemented sales taxes and fees to financially support trails, parks,
open space and agriculture. The Petitioners agree to provide land for increased setbacks
for and along major arterials and for trails and open space. To the extent these setbacks
and trails improve the quality of the Property and are of a benefit to the Town, the
Petitioners commit to contribute land for these purposes at the time Petitioners develop
the Property.
f. The R2-J and RE5-J School Districts form integral parts of the Town. The
Town has enacted fees to support the acquisition of land by these School Districts. The
Petitioners are aware of these fees and agree to pay the fees as applicable.
g. The Town is required by Colorado Revised Statutes to prepare and file an
annexation impact report. The Petitioners have prepared a proposed annexation impact
report and provided it to the Town for review and consideration prior to the hearing
before the Town Board on this Annexation Petition.
h. Upon the request of McWhinney Property Group, LLC, the Town shall
consider amending the Wilson Ranch Annexation and Development Agreement ("the
Wilson Ranch Agreement") to include portions of the Property within the "Annexation
Property" as defined in the Wilson Ranch Agreement and thereby making such portions
of the Property subject to all of the obligations and benefits of the Wilson Ranch
Agreement.
17. Petitioners request that the Property be placed in the T-Transition Zoning District
upon annexation as required by Section 30-5-101(C) of the Town's Development Code.
18. Petitioners reserve the right to withdraw this Petition for Annexation at any time
prior to the effective date of the ordinances annexing and zoning the Property.
The Petitioners agree to the provisions of this Petition for Annexation and hereby present
it to the Clerk of the Town to be presented to the Town Board for consideration of the
annexation.
(LRM-2/17/05) 3
EXECUTED this O/aJ day of V;,,‘O rN4,-, , 2005.
Petitioners:
HANK PROPERTIES, LLC, a Colorado -
limited liability company, Owner
/.By: . (c ' /5%. '3Z��'4
CI- ord H. Betz, Manager By: 3 c X
Gary R. avi: d, Manager
LITTLE THOMPSON FARMS, LLC, a
Colorado limited liability company, Owner
By: ,Ma
C ' ord H. Betz, Ma er
By:
Gary R. d, Manager
McWHINNEY PROPERTY GROUP, LLC, a
Colorado limited liability company,
Contract Purchaser
By:
2 C, C GVX—�
Tray C. McWhinney, Manager
(LRM-2/17/05) 4
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and
says:
That he was the circulator of the foregoing Petition for Annexation (Baird Betz),
consisting of five (5) pages, including this page and that the signatures thereon were witnessed
by him and are the true signatures of the persons whose names they purport to be.
Steve Schroyer, • culz)tor
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
,202„04 day of February, 2005, by Steve Schroyer. Terr. L, 1 ,sloavo-.-•
Witness my hand and official seal. rQQ1/4 �:Nuss��, h
OT A G Ps
My commission expires: ? mil 17O0/ % •MY COT m.EtO ra•
• March 77, 2007
14 `% BL1G•' .1
grCO P r
ary Public
(LAM-2/17/05) 5
RESOLUTION NO.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD,
LARIMER AND WELD COUNTIES, COLORADO THAT:
1 . At the regular meeting of the Board of Trustees on May 24, 2005,
the annexation petition for the Betz Baird Annexation was submitted to the
Board of Trustees by the Clerk as a communication pursuant to Section 31-12-
107(1)(f), C.R.S. The location of the property is described on Exhibit "A"
attached hereto and incorporated herein by reference.
2. The Board of Trustees reviewed the petition and found that the
requirements set forth in Section 31-12-107(1)(f), C.R.S. had been
substantially complied with.
3. Pursuant to Section 31 -12-108(1 ), C.R.S., the Board of Trustees
hereby sets the date for the hearing on the annexation petition for July 12,
2005 at 7:30 P.M. in the Town of Berthoud Board Room located at 328
Massachusetts Avenue, Berthoud, Colorado. Notice of this hearing is to be
published.
4. The purpose of this hearing shall be to determine whether the area
proposed to be annexed meets the applicable requirements of Sections 31-
1 2-104 and 31-12-105, C.R.S. and is eligible for annexation.
5. In the event the Board of Trustees finds that the statutory
prerequisites for annexation have been met the Board will hold a public
hearing on the ordinance annexing this property.
This resolution was passed by a vote of in favor and opposed at
the regular meeting of the Board of Trustees on the 24" day of May, 2005.
TOWN OF BERTHOUD:
Mary K. Cowdin - Town Clerk Milan Karspeck - Mayor
THAT PORTION OF LOT B OF RECORDED EXEMPTION NO. 1061-14-3-RE3271,
RECORDED AUGUST 20, 2002 AT RECEPTION NO. 2979462 LYING OUTSIDE OF
THE RIGHT-OF-WAY OF WELD COUNTY ROAD 44 AS SHOWN ON SAID
RECORDED EXEMPTION, AND THAT PORTION OF LOT A OF AMENDED
RECORDED EXEMPTION NO. 1061-14-3-RE182, RECORDED JUNE 24, 1997 AT
RECEPTION NO. 2554556 LYING OUTSIDE OF THE RIGHT-OF-WAY OF WELD
COUNTY ROAD 44 AS SHOWN ON SAID RECORDED EXEMPTION; BOTH
PARCELS BEING A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER
OF SECTION 14, TOWNSHIP 4 NORTH, RANGE 68 WEST OF THE 6TH P.M.;
COUNTY OF WELD, STATE OF COLORADO; SAID PARCELS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 14, AND
CONSIDERING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 14 TO HAVE AN ASSUMED BEARING OF N89°14'20"E WITH ALL OTHER
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION
14, N89°14'20"E, 50.08 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
OF THE INTERSTATE 25 FRONTAGE ROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE, N00°04'50"W, 30.00 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, N00°04'50'W, 1,291.76
FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE, N89°13'52"E, 2,604.75 FEET;
THENCE S00°04'37"E, 599.02 FEET;
THENCE 321°13'52'W, 747.44 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY LINE OF WELD COUNTY ROAD 44;
THENCE ALONG SAID RIGHT-OF-WAY LINE, S89°14'20"W, 2,333.04 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 75.09 ACRES (3,270,770 SQUARE FEET) MORE OR LESS
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS OF
RECORD OR THAT NOW EXIST ON THE GROUND.
TOWN OF BERTHOUD, COUNTIES OF LARIMER AND
WELD, COLORADO
ANNEXATION IMPACT REPORT
CONCERNING THE
BETZ/BAIRD
ANNEXATION
In Accordance with Section 31-12-108.5 of the Colorado Revised Statutes Annotated. The
Town of Berthoud is submitting the following annexation impact report to fulfill all such
required action for the above named annexations. This impact report specifically analyzes
the above annexations and identifies what impact it will have on the Town of Berthoud and
the municipal services that will be provided. This impact report has been completed at
least twenty-five days before the date of the Public Hearing established pursuant to
Section 31-12-108 of the Colorado Annotated Statutes.
TABLE OF CONTENTS
ANNEXATION AND THE TOWN OF BERTHOUD 2
PROPOSED ANNEXATION 3
TOWN BOUNDARIES§31-12-108.5(A) (1) 3
EXISTING&PROPOSED INFRASTRUCTURE§SECTION31-12-108.5(A)(II) 3
EXISTING AND PROPOSED LAND USES§31-12-108.5(A)(III) 4
PREANNEXATION AGREEMENTS§31-12-108.5(B) 4
SITE DATA§31-12-108.5(C) 4
EXISTING - 4
PROPOSED 4
FINANCING OF MUNICIPAL SERVICE EXPANSION§31-12-108.5(D) 5
EXISTING DISTRICTS§31-12-108.5(E) 5
ANTICIPATED IMPACTS AND COSTS TO SCHOOLS§31-12-108.5(F) 5
2
Annexation and the Town of Berthoud
State statutes require that any municipality annexing property must provide "urban level
services" (i.e. water, wastewater, police, recreation, schools, and other services) to those
areas they intend to annex. The Town of Berthoud recognizes this responsibility and can
successfully provide these services to those areas under consideration by the Town. The
Town of Berthoud has adopted a Comprehensive Plan and Development Code that both
describes and requires future development within the Town to meet standards that will
provide the same levels of service to new areas as it is currently providing within the
existing town. These documents, we believe allow the Town to achieve controlled, orderly
and efficient growth that any Front Range community could use as an example of smart
growth. To accomplish orderly, controlled, quality growth in terms of annexation, Berthoud
relies on the Town's Development Code, Comprehensive Plan, Land Use Plan and the
Northern Colorado Regional Planning Study to provide the basic guidelines for
construction and development of new areas around the Town.
THE BETZ/BAIRD ANNEXATION
The properties included in this annexation are to be known as the Betz/Baird Annexation.
This property is contiguous to the Town of Berthoud and the total area of this annexation is
75.09 acres +/-. The parcel included in this annexation is currently being used for
agricultural purposes and will be brought into the Town under the zoning of T-Transitional.
Town Boundaries § 31-12-108.5 (a) (I)
The Town's present and proposed boundaries are shown on the map entitled Exhibit A of
this Annexation Impact Report.
Existing & Proposed Infrastructure § Section 31-12-108.5 (a) (II)
The majority of the Town's current infrastructure (i.e. water and sewer lines) are located
within the existing Town limits except for portions of both the Town's water and sewer
systems that are located within parts of unincorporated Larimer County. The existing
streets within the Town are shown on Exhibit A. The Town has been in the process of
designing additional infrastructure for this area and plans to provide both water and
wastewater to these areas (refer to the map entitled Berthoud Infrastructure Map, Exhibit
B) at the developer's expense.
The Town of Berthoud bonded in 1997 for 5 million dollars to expand the Town's water
plant, which will double our existing capacity to 4 million gallons per day. The expansion
was completed in 1999. The bond also provided funds to complete a Sludge Handling
facility that will reduce the cost of handling sludge from the wastewater plant. The Town
has completed the sludge handling facility and is currently finishing the engineering work
on the lift station and sewer line out to 1-25 to service this area. When you combine these
items with our other long range plans for a new wastewater treatment plant the Town will
be able to provide services to these areas.
3
Existing and Proposed Land Uses §31-12-108.5(a) (III)
The existing land use on the property to be annexed in the Betz/Baird Annexation is
currently zoned as Agricultural in Weld County and is currently being used for Agricultural
purposes. The owners of the properties requesting annexation have requested to be
zoned as T-Transitional.
Pre-annexation Agreements § 31-12-108.5 (b)
None submitted at this time.
Site Data § 31-12-108.5 (c)
The information listed below sets forth the plans of the municipality for the provision of
municipal services to the areas proposed to be annexed. The information below is a
summary of the existing services being provided to the properties within these
annexations. This summary identifies those services as they exist today and how they will
be provided to this area after the annexation. Included in this summary is a statement of
how the Town of Berthoud will finance this expansion and what we will require of the
property owners upon development of their property.
BETZ/BA►RD ANNEXATION
Existing Proposed
Zoning Weld County C-4, AG-Agricultural T-Transitional
Acreage 75.09 75.09
Land Use Agricultural Future Commercial
Services Berthoud Fire Protection District Same
Provided
Weld County Sheriff Town of Berthoud Police
Public Service Same
Poudre Valley REA Same
Weld County RE-5J School Dist. Same
Water (none) Town of Berthoud or LTWD
Wastewater (none) Town of Berthoud
Library Berthoud Public Library
Districts:
Weld County RE-5J School Dist. Same
Berthoud Fire Protection District Same
Little Thompson Water District Same
No. Colo. Water Conserv. District Same
Thompson Rivers Park & Rec. Same
4
Summary: Upon annexation, the Town of Berthoud will provide the above services to
these properties. All of the services provided to these parcels are used by the citizens of
Berthoud and would not change due to this annexation. The property owner will be
required to pay for any service expansion related to a change of use when these
properties develop and would provide these services as outlined in the Town of Berthoud
Development Code.
Financing of Municipal service expansion § 31-12-108.5 (d)
As stated above the Town of Berthoud has bonded for 5 million dollars to expand our
services to these areas we intend to annex and serve. The expansions of the water plant
and a new sludge handling facility for wastewater plant are included in this bond. A State
Revolving Loan Fund will finance the new wastewater treatment plant. The bonds will be
repaid through tap fees and is a way in which development will pay for its fair share of
development.
Existing Districts § 31-12-108.5 (e)
Listed below are the existing districts servicing the property to be annexed:
Little Thompson Water District
Berthoud Fire Protection District
Weld County RE-5J School District
Thompson Rivers Park & Recreation District
Anticipated Impacts and Costs to Schools § 31-12-108.5 (0
The Town of Berthoud recognizes that there will be impacts on the Johnstown School
District. The Town and the Johnstown RE-5 School District have investigated the cost per
child to the school district to build additional schools and have set an impact fee of$750.00
per dwelling unit.
5
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Notices
•
RESOLUTION NO.7-05 EXHIBIT"A"
•
- • THAT PORTION OF LOT B OF RECORDED EXEMPTION
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF NO.1061-14-3-RE3271,RECORDED AUGUST 20,2002
THE TOWN OF BERTHOUD,LARIMER AND WELD AT RECEPTION NO.2979462 LYING OUTSIDE OF THE
COUNTIES,COLORADO THAT: RIGHT-OF-WAY OF WELD COUNTY ROAD 44 AS -
• . SHOWN ON SAID RECORDED EXEMPTION,AND THAT -
1. At the regular meeting of the Board of Trustees on May PORTION OF LOT A OF AMENDED RECORDED EXEMP-
24,2005.the annexation petition for the Betz Baird- TION NO.1061-14-3-RE182,RECORDED JUNE 24,1997
- Annexation was submitted to the Board of Trustees by the AT RECEPTION NO.2554556 LYING OUTSIDE OF THE
Clerk as a communication pursuant to Section 31-12- RIGHT-OF-WAY OF WELD COUNTY ROAD 44 AS
107(1)(8.C.R.S. The location of the property is described SHOWN ON SAID RECORDED EXEMPTION;BOTH -
on Exhibit'A'attached hereto and incorporated herein by PARCELS BEING A PART OF THE SOUTH HALF OF THE
reference. SOUTHWEST QUARTER OF SECTION 14,TOWNSHIP 4
• NORTH,RANGE 68 WEST OF THE 6TH PM.;COUNTY '
2. The Board of Trustees reviewed the petition end found OF WELD,STATE OF COLORADO;SAID PARCELS EEING
that the requirements set forth in Section 31-12-107(1)(8, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
C.R.S.had been substantially complied with. '
COMMENCING AT THE SOUTHWEST CORNER OF SAID
3. Pursuant to Section 3T-12-108(1),C.R.S.,the Board of ". SECTION 14,AND CONSIDERING THE SOUTH LINE OF
Trustees hereby sets the date for the hearing on the THE SOUTHWEST QUARTER OF SAID SECTION 14 TO
annexation petition for July 12,2005 at 7:30 P.M.in the HAVE AN ASSUMED BEARING OF N89°14'20-E WITH
• Town of Berthoud Board Room located at 328 ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE
Massachusetts Avenue,Berthoud,Colorado. Notice of • THERETO;THENCE ALONG THE SOUTH LINE OF THE
this hearing is to be published. SOUTHWEST QUARTER OF SECTION 14,N89'14'20'E,
50.08 FEET TO A POINT ON THE EASTERLY RIGHT-OF- .
4. The purpose of this hearing shall be to determine WAY LINE OF THE INTERSTATE 25 FRONTAGE ROAD; -
whether the area proposed to be annexed meets the THENCE ALONG SAID RIGHT-OF-WAY LINE,
applicable requirements of Sections 31-12-104 and 31-12- N00.04'50"W,30.00 FEET TO THE POINT OF BEGIN-
105.C.R.S.and Is eligible for annexation - - NING;THENCE CONTINUING ALONG SAID RIGHT-OF-
WAY LINE,N00.04'50"W,1,291.76 FEET,THENCE
5. In the event the Board of Trustees ends that the statu- DEPARTING SAID RIGHT-OF-WAY UNE,N89'13'52"E,
tory prerequisites for annexation have been met the Board 2,604.75 FEET,THENCE S00.04'37'E,599.02 FEET;
will hold a public hearing on the ordinance annexing this THENCE S21•13'52'W,747.44 FEET TO A POINT ON THE
property.- NORTHERLY RIGHT-OF-WAY LINE OF WELD COUNTY
ROAD 44;THENCE ALONG SAID RIGHT-OF-WAY UNE, •
This resolution was passed by a vote of 5 In favor and 0 589'14'20"W,2,333.04 FEET TO THE POINT OF BEGIN-
opposed at the regular meeting of the Board of Trustees . NING.
on the 24th day of May.2005. SAID PARCEL CONTAINS 75.09 ACRES(3,270,770 ,
TOWN OF BERTHOUD: SQUARE FEET)MORE OR LESS AND IS SUBJECT TO
ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS
Mary K Cowdin OF RECORD OR THAT NOW EXIST ON THE GROUND.
Town Clerk
LOLB2005-54
Milan Karspeck •
Published In The Old Berthoud Recorder
Mayor • July 2,2005
Hello