HomeMy WebLinkAbout20051526.tiff NOTICE OF
PUBLIC HEARING
TOWN OF HUDSON, COLORADO
PLANNING COMMISSION
In Consideration of: An application for Industrial (1-3) Zoning approval of the Boulder
Scientific/Rescar Industries Annexation, Hudson, Colorado, Weld County.
To Be Held At: HUDSON TOWN HALL., 557 Ash Street
Legal Description: A portion of the North Half of Section 2, Township 1 North, Range 65
West of the 6`h P.M., Weld County, Colorado, containing 83.448 acres.
Date: Wednesday, June 8, 2005
Time: 7:00 p.m.
Contact: For information regarding this matter please contact Judy Larson, Town Clerk,
Town of Hudson, 557 Ash Street, Box 351, Hudson, Co 80642 (303) 536-9311.
Published in the South Weld Sun May 5, 2005
�j5 --l(c-OS'' ll� SO, ft �17� 2005-1526
RESOLUTION NO.
05-03
Series of 2005
TITLE: A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND
ESTABLISHING JUNE 15, 2005 AS THE DATE OF PUBLIC HEARING ON THE
REQUESTED ANNEXATION OF PARCELS OF UNINCORPORATED TERRITORY
LOCATED IN THE COUNTY OF WELD (BOULDER SCIENTIFIC ANNEXATION)
WHEREAS, the owner of unincorporated territory, comprising more than fifty
percent (50%) of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has
filed a petition for annexation of a certain unincorporated property to the Town (the
"Petition"), which territory is more particularly described in Exhibit A attached to the
Petition; and
WHEREAS, C.R.S. § 31-12-108 requires that the Town accept the Petition and
establish a date, time and place that the Board of Trustees will hold a public hearing to
consider the annexation and the various requirements of Title 31, Article 12, C.R.S.; and
WHEREAS the Board of Trustees, at its regular meeting on April20, 2005, received
the Petition as a communication; and
WHEREAS, pursuant to C.R.S. § 31-12-107, this Board of Trustees, sitting as the
governing body of the Town of Hudson, Colorado, hereby determines that the proposed
annexation of the real property described in Exhibit A is in substantial compliance with
C.R.S. § 31-12-107(1).
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF HUDSON, COLORADO, AS FOLLOWS:
Section 1. The proposed annexation of the real property described in Exhibit A
substantially complies with C.R.S. § 31-12-107(1).
Section 1. A public hearing on said annexation will be conducted on the 15th day
of June,2005, at 7:00 p.m., at the Town of Hudson Town Hall,which is located at 557 Ash
Street, Hudson, Colorado, 80642, to determine if the proposed annexation complies with
C.R.S. §§ 31-12-104 and 31-12-105 or such part thereof as may be required to establish
eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the
Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II,
Section 30, as amended.
Section 2. Any person living within the area proposed to be annexed, any
landowner of lands thereof, any resident of the municipality to which the area is proposed
to be annexed, any municipality located within one mile of the proposed annexation, or the
Board of County Commissioners of Weld County, may appear at such hearing and present
evidence upon any matter to be determined by the Board of Trustees.
INTRODUCED, READ and PASSED this 4th day of May, 2005.
C
HU�`STOWN OF HUDSON, COLORADO
� �ALa2L4 Charles E. Rossi, Mayor
ATTEST: OQ. CO\'
ate_efeeca..Leg..07----
Judy Lars , Town Clerk
2
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO
RE: PROPERTY KNOWN AS: Boulder Scientific Company/Rescar Industries
Annexation to the Town of Hudson, Colorado.
The undersigned landowners, in accordance with the provisions of Title 31, Article
12, Part 1, C.R.S., known as the Municipal Annexation Act of 1965, as amended, hereby
petition the Board of Trustees of the Town of Hudson, Colorado for annexation to the Town
of Hudson of the following described unincorporated area situate and being in the County of
Weld,and State of Colorado:
• (See Exhibit A attached hereto and
incorporated herein by reference) •
In support of their Petition, Petitioners state as follows:
1. That it is desirable and necessary that such area be annexed to the Town of
Hudson, Colorado
2. That the area sought to be annexed meets the requirements of C.R.S. §§ 31-12-
104 and 105, in that:
a Not less than one-sixth (1/6) of the perimeter of the area proposed to be
annexed is contiguous with the existing boundaries of the Town of Hudson, Colorado,
disregarding for contiguity purposes, as allowed by C.R.S. § 31-12-104(1)(a), the
existence of any platted street or alley, any public right-of-way, any public or private
transportation right-of-way or area, public lands (except county-owned open space),
or any lakes, reservoirs, streams, or other natural or artificial waters located between
the Town and the land proposed to be annexed. The contiguity required by C.R.S. §
31-12-104(1)(a) has not been established by use of any boundary of an area which
was previously annexed to the Town of Hudson where the area, at the time of its
annexation, was not contiguous at any point with the boundary of the Town of
Hudson, and was not otherwise in compliance with C.R.S. § 31-12-104(1)(a), and was
located more than three (3) miles from the nearest boundary of the Town of Hudson,
nor was the contiguity required by C.R.S. § 31-12-104(I)(a) established by use of any
boundary of territory which was subsequently annexed directly to, or which was
indirectly connected through subsequent annexations of such an area
b. The proposed annexation will not create any disconnected municipal
satellites.
c. A community of interest exists between the area proposed to be
annexed and the Town of Hudson, Colorado.
d. The area proposed to be annexed is urban or will be urbanized in the
near future and said area is integrated or is capable of being integrated with the Town
of Hudson, Colorado.
e. No land held in identical ownership, whether consisting of one (1) tract
or parcel of real estate or two (2) or more contiguous tracts or parcels of real estate:
i. 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.
ii. comprising twenty (20) acres or more and which, together with
the buildings and improvements situated thereon, has a valuation for
assessment in excess of two hundred thousand dollars ($200,000.00) for ad
valorem tax purposes for the year next preceding the annexation is included
within the area proposed to be annexed without the written consent of the
landowner or landowners.
f No annexation proceedings have been commenced for the annexation
to another municipality of part or all of the territory proposed to be annexed.
g. The annexation of the area proposed to be annexed will not result in the
detachment of area from any school district and the attachment of same to another
school district.
h. The annexation of the area proposed to be annexed will not have the
effect of extending the boundary of the Town of Hudson more than three (3) miles in
any direction from any point of the Town's boundary in any one year.
i. If a portion of a platted street or alley is to be annexed, the entire width
of said street or alley is included within the area to be annexed.
j. Reasonable access will not be denied to landowners, owners of
easements or the owners of franchises, adjoining any platted street or alley to be
annexed that will not be bordered on both sides by the Town of Hudson.
3. That attached hereto and incorporated herein by reference are four (4) prints of
the annexation map, containing the following information:
a. A written legal description of the boundaries of the area proposed to be
annexed.
b. A map showing the boundary of the area proposed to be annexed.
c. Within the annexation boundary map, a showing of the location of each
ownership tract of unplatted land, and, with respect to any area which is platted, the
boundaries and the plat numbers of plots or lots and blocks.
d. Next to the boundary of the area proposed to be annexed, a drawing of
the contiguous boundary of the Town and the contiguous boundary of any other
municipality abutting the area proposed to be annexed.
4. That Petitioners are the landowners of more than fifty percent (50%) of the
area sought to be annexed, exclusive of streets and alleys.
5. That all Petitioners signed this Petition for Annexation no more than one
hundred eighty(180) days prior to the date of the filing of this Petition for Annexation.
6. That this Petition for Annexation satisfies the requirements of Article H,
Section 30 of the Colorado Constitution in that it is signed by persons comprising more than
fifty percent (50%) of the landowners in the area proposed to be annexed who own more than
fifty percent (50%) of said area, excluding public streets and alleys and any land owned by
the Town of Hudson. -
7. That no election has been held within the last twelve (12) months for
annexation of the area described in Exhibit A to the Town of Hudson.
8. That upon the Annexation Ordinance becoming effective, all lands within the
area sought to be annexed shall become subject to the ordinances, resolutions, rules and
regulations of the Town of Hudson, except for general property taxes which shall become
effective on January 1 of the next succeeding year following passage of the Annexation
Ordinance.
9. That, by the date that is ninety (90) days after the effective date of the
Annexation Ordinance, Petitioners will request that zoning be granted.
10. That this Petition, and the annexation of the property described in Exhibit A
hereto, is specifically conditioned on the negotiation and execution by Petitioners and the
Town of a mutually acceptable annexation agreement.
11. That Petitioners reserve the right to withdraw this Petition at any time prior to
the adoption of an annexation ordinance.
Therefore, the undersigned Petitioners respectfully request that the Board of Trustees
of the Town of Hudson, Colorado approve the annexation of the area described in Exhibit A
to the Town of Hudson.
Whenever from the context it appears appropriate, each term stat in either the
singular or plural will include the other, and pronouns sta in eithe he culine, eminent
or the neuter gender will include each of the other gend s
la i 5r-6-os 1-6 -05
BarryAnstandig Date Jose Schieszle Jr. Date
Vice President of Finance Pre ide & CEO
Rescar Industries R car dustries
1101 West 31' Street, Suite 250 1101 West 315` Street, Suite 250
Downer's Grove, Illinois 60515 Downers Grove, Illinois 60515
Name Date Mailing Address
STATE OF COLORADO )
ss.
COUNTY OF r_ ) 4ic /
Subscribed, sworn to, and acknowledged before me this day of A ph / , 2005,
by fo r•rr,5 ,Mns\av4
(i.p&. Joseph'• Scki cctcr
Witness my hand and official seal
My Commission expires: is— /6 -- O 6
OFFICIAL SEAL
BARBARA K THOMAS Notary Public
NOTARY PUBLIC,STATE OF ILLINOIS
MY COMMISSION EXPIRES:Oill&C0
4
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, being first duly sworn upon oath, deposes and
says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Hudson, Colorado, consisting of six ( 6 ) pages including this page, and that
each signature thereon was witnessed by the affiant and is the true signature of the person
whose name it purports to be.
�.
Circulator: Barry Anstandig, Vice esident of Finance,Rescar Industries
STATE OF
) ss.
COUNTY OF T� c )
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
tIA day of Apt--; I , 2005,by Srb y 5•Ilt4d.ads .
Witness my hand and official seal.
My Commission expires: )1j6 AO 6
[SE - OFFICIAL SEAL
BARBARA K THOMAS
NOTARY N&.IC,STATE OF 141,4046
MY Cg CO MRB1g370y BJWIplS19701/7®l60 �aPO4,-
Notary Public
5
Intermill Land Surveying
1301 N. Cleveland Ave.
e Loveland, Colorado 80537
`\ (970) 669-0516 �,�
Fax: (970) 635-9775
E-mail: intermill@qwest.net
EXHIBIT 'A'
PROPERTY DESCRIPTION(Boulder Scientific/Rescar Industries Annexation):
That portion of the North Half of Section 2, Township 1 North,Range 65 West of the 6th
P.M., Weld County, Colorado being more particularly described as follows:
Considering the South line of the Northeast Quarter of said Section 2 as bearing South
89°09'47" West and with all bearings contained herein relative thereto;
Beginning at the Southeast corner of the Northeast Quarter of said Section 2; thence
along the South line of said Northeast Quarter South 89°09'47"West 30.00 feet to a
point on the Westerly Right of Way of Weld County Road No. 47 and the TRUE POINT
OF BEGINNING; thence continuing along the South line of said Northeast Quarter and
along the North line of Baessler Subdivision Annexation as recorded November 11, 1997
at Reception Number 2580724, records of said County South 89°09'47"West 2613.62
feet to the Southwest corner of the Northeast Quarter of said Section 2;thence along the
South line of the Northwest Quarter of said Section 2 South 89°12'07" West 252.72 feet
to a point on the Southeasterly Right of Way of the Burlington Northern Railroad; thence
departing said South line and along said Southeasterly Right of Way of the Burlington
Northern Railroad North 48°00'54" East 339.74 feet and again North 47°59'06"East
3512.57 feet, more or less,to a point on the Westerly Right of Way of Weld County Road
No. 47, said point being the Northwest corner of the Annexation Plat to The Town of
Hudson as recorded September 24, 1998 at Reception No. 2642493, records of said
County;thence departing said Southeasterly Right of Way and along the West Right of
Way of said Weld County Road No. 47 and the West line of said Annexation Plat to The
Town of Hudson South 00°05'06"East 2536.62 feet to a point on the South line of the
Northeast Quarter of said Section 2 and the TRUE POINT OF BEGINNING.
Above described parcel contains 83.448 acres, more or less, and is subject to all existing
easements and/or rights of way of record.
Page 6
Todd Hodges Design, LLC
Annexation Impact Report and Support Information
for the Boulder Scientific Corn pany/Rescar Industries Annexation
to the Town of Hudson
The following Annexation Impact Report for the Boulder Scientific Company/Rescar Industries Annexation to the
Town of Hudson has been prepared according to documentation provided by the Town of Hudson. This report is
prepared as the Annexation is greater than ten(10)acres in size.
Consultant Qualifications
This report has been prepared by Todd Hodges Design,LLC. Todd Hodges Design,LLC has extensive experience
in land-use planning in the State of Colorado. Todd Hodges started Todd Hodges Design,LLC in February, 1998
with several years experience in the planning field. Prior to starling the firm, Mr. Hodges worked for the City of
Stillwater,Oklahoma Planning Department. He was also a Planner for Weld County Planning Department for four
years. In his position as Lead Planner with Weld County, Mr. Hodges supervised planning code enforcement and
drafting staff. Mr. Hodges was also involved in the Poudre Trail Project and worked with staff from the City of
Greeley and Town of Windsor. Mr. Hodges holds a Bachelor's in Landscape Architecture from Oklahoma State
University, and is a member of the American Society of Landscape Architects.
Anne Best Johnson has a rich history with community visioning and work plan development. Ms. Johnson worked
for the City of Lincoln and Lancaster County Planning Department (Nebraska) and was the State Director of the
Nebraska Lied Main Street Program prior to moving to Colorado in 1996. Ms. Johnson worked for Weld County's
Right to Read Program and the North Colorado Medical Center Foundation as a fund-raiser and in program
development prior to becoming the Long-Range Planner for Weld County. In her position as the Long-Range
Planner,Ms.Johnson led the special committees of the County Commissioner-appointed Agricultural Study and the
Comprehensive Plan Update Committees. Ms. Johnson was responsible for processing and writing amendments to
the County Code, the production of the St. Vrain Valley Trails and Open Space Master Plan, Grant-writing and
allocation coordination, and working with citizens through land use planning. Ms. Johnson is a member of the
American Planning Association and holds her American Institute of Certified Planners certificate.
Both Mr.Hodges and Ms. Johnson have prepared numerous annexation applications to Colorado Municipalities.
1269 North Cleveland Avenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesigncaiearthlink.net
Todd Hodges Design, LLC
Annexation Impact Report
Statement of Community Need
The site will provide an opportunity to further develop existing improvements for use by the Boulder Scientific
Company in the Town of Hudson. In the initial three phases,an estimated 150 employees will be based on-site,of
which, 75 will be the result of new job creation. Development of the site will encompass the use and conversion of
existing structures,the addition of structures and parking areas,new on-site circulation,and storm water detention
components.
Additional employment and service sector growth will occur due to employment base creation. The increased
demand in Town of Hudson may be felt in the housing, labor, restaurant, and related services sectors. This
development has the capability of attracting similar and complementary industries/commercial enterprises to the
Town of Hudson.
Boulder Scientific Company also intends to utilize the existing rail facilities for storage,repair and rehabilitation of
rail cars
Statement of School Impact
The impact of this annexation to the local public school district is non-existent as this is a non-residential
Annexation proposal.
Utility ImpactAssessment
Water—
Water will be provided by the Town of Hudson by extending the existing Town system north into the subject
property. The projected usage is 500,000 gallons/year. Current water service is provided through a well permit,but
well flows are not sufficient to support fire flow requirements for the site. The Town of Hudson maintains a large
(>1,000,000 gallon) storage tank and fire flow booster pump immediately south of the subject property. To the
extent that site specific fire flow and pressure requirements would necessitate additional utility easements or water
line installations within the site,these items will be addressed in the Annexation Agreement.
Sewer-
Sanitary Sewer Service is to be provided initially by an on-site septic system. The existing site has had as many as
50 employees using this septic system without difficulty. Since Boulder Scientific Company expects 15 — 20
employees during its first phase of operations, the existing septic system is expected to be adequate until such time
as connection to a Town sewer line becomes practicable. The specifics of such connection may be addressed in the
annexation agreement.
Natural Gas—
Atmos Energy of Greeley will provide Natural Gas Service to the site. The projected consumption per year is 12
MMtherms. Current natural gas service is distributed to several buildings on site. On-site gas distribution will be
modified to support a new steam boiler which will provide steam and heat to the production and storage areas.
Expanded natural gas service to the site may be required.
Electric—
United Power will provide Electrical Service to the site. The projected electrical usage is 1.8 MMkwh per year,
which is well below the current electrical capacity of the site. Electrical distribution is provided through several
large transformers on the site,which may be relocated as part of the new proposed use. A new electrical distribution
area will be constructed to support Boulder Scientific Company operations.
Telephone—
Qwest will provide Telephone service. Operations at the site will require approximately ten telephone lines and
high-speed internet service through DSL or a T-1 line. The site currently has Qwest telephone service.
1269 North ClevelandAvenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign(aearthlink.net
Todd Hodges Design, LLC
Streets-
Internal streets will be designed to provide an interconnection between the site and the existing Town road network.
Primary road access to the facility will be from Weld County Road 47. A secondary access will continue from the
existing entrance on the I-76 frontage road. The impact to the I-76 frontage road should not increase as a direct
result of the first phase of this development as the end use of the site and the number of trips generated by the site
use will be similar in nature to the existing use. Continued cooperation with Colorado Department of Transportation
and the Railroad will be necessary to continue this secondary access point
The internal street cross-sections are equivalent to Town Standards. To the extent that traffic volume generated from
the proposed uses on site would require intersection modifications at WCR 47 and State Highway 52, a prorated
participation in the cost of such improvements may be addressed in the annexation agreement
Drainage-
The topography of the site provides for two storm water drainage/holding areas. The proposed use of the site will
continue to use these two drainage areas for containing runoff and drainage. As all operations will be conducted
either indoors or in curbed concrete areas,there will be no significant impact on site drainage from the proposed use
of the property.
Law enforcement—
Law Fnforcement will be provided by the Town of Hudson. There are no additional security needs or officers
required as a result of this development.
Fire protection—
Fire protection will be provided by the Hudson Fire District. All facility plans will be developed in full cooperation
with the Hudson Fire District, including sprinkler system requirements and hazardous material storage and handling
areas. The Hudson Fire District requirements will be met at the time a building permit is pulled and a Certificate of
Occupancy is issued.
Environmental considerations—
A Phase I and Phase II environmental site assessment was conducted in March and April,2005 by ERM. The
results of the Phase I study indicate some areas of potential environmental concern. The Phase II sampling plan was
designed to answer questions raised during the Pharr I assessment. The results gathered from the Phase II sampling
will be available in late April,2005.
The proposed site use will continue to involve handling and storage of hazardous materials. This use is consistent
with other uses at adjacent properties in the Industrial Park. Boulder Scientific Company has a proven history of
handling hazardous materials safely and in full compliance with environmental regulations.
Economic development potential—
This Annexation and subsequent Industrial development to the Town of Hudson will provide employment
opportunities for the region and the production of scientific materials used around the world. Boulder Scientific
Company has been a steadily growing company for more than 30 years. The Hudson facility will allow the
company to continue to expand its operations to support its growing customer base.
•
1269 North ClevelandAvenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesign(aearthlink.net
pf7 V. Todd Hodges Design, LL C
Affected District List and Impact Statement
The following list names each district affected by this annexation. This list was prepared from the Weld County Tax
Notice issued to the applicant for Account R0189588,and confirmed with the Weld County Treasurer(3-29-05). As
this annexation is proposing Non-Residential uses,the impact to local public school district systems is non-existent
There will be no additional students generated by this annexation. As a result,no capital construction is required to
educate the non-existent students generated by this annexation.
District Type District Name Mill Levy
County Weld 19.957
Fire Protection Hudson 3.544
School District RE-31 36.890
School District Override RE-3J 3.150
Water District Central Colorado Water 0.703
Conservancy District
Water District Central Colorado Water Sub 3.518
District
College Aims Jr. College 6.328
Library Weld Library District 3.249
Compatibility Statements
Town Code
This proposal is for Industrial,I-3 uses. Section 16-60 of the Hudson Town Code stipulates uses allowed by right in
the I-3 Zone District, Conditional Uses,Exclusions,Temporary Uses and development standards of such
Conditional Uses. In preparing documentation for submittal to the Town of Hudson,the project Engineer has
reviewed the Town Code for applicable standards and has incorporated them herein.
The initial development of the site shall utilize the existing buildings. Future building construction shall meet the
applicable Codes(Fire and Building)at that time. In addition,future development on site will require a Site Plan
Review pursuant to Articles 5 (Site Plan Standards and Procedures),8(Sign Code)and 9(Development Standards
and Practices)of the Town Code.
The location of internal circulation and access to Town streets are illustrated on the following plans. The placement
is consistent with development in the area,service provider access requirements and site specific needs.
Existing and Adjacent Land Use
Existing and proposed adjacent land uses include Industrial uses to the east. After review of existing adjacent land
uses,this proposal will be in harmony with surrounding land uses.
1269 North Cleveland Avenue• Loveland, Colorado 80537 • (970) 613-8556 • fax: (970)613-8775
email: toddhodgesdesignçaearth link.net
LARGE MAPS AVAILABLE
FOR
VIEWING
AT THE CLERK TO THE BOARD'S
OFFICE, IN THE PUBLIC REVIEW FILE.
Hello