HomeMy WebLinkAbout20040071.tiff HARDING, SHULTZ & DOWNS
A LAW PARTNERSHIP OF PROFESSIONAL CORPORATIONS
WELLS FARGO CENTER DBROCKMEIER@HSDLEGAL.COM 800 LINCOLN SQUARE
1700 LINCOLN STREET WWW.HSDLEGAL.COM 121 So. 13" STREET
SUITE 2000 P.O. Box 82028
DENVER, CO 80203-4554 LINCOLN, NE 68501-2028
303/832-4400 FAx 303/832-6154 402/434-3000 FAx 402/434-3030
December 30, 2003
Board of County Commissioners
915 10th Street
Greeley, CO 80631
Re: Unincorporated Weld County Real Property Annexation
Dear Commissioners:
On behalf of the Town of Lochbuie and in compliance with the provisions of Section 31-
12-108 C.R.S., I enclose herein an Annexation Impact Report relating to the proposed
annexation by Lochbuie of unincorporated Weld County real property which is more particularly
described in the Annexation Impact Report.
The Lochbuie Board of Trustees will consider the proposed annexation at its regular
meeting on January 21, 2004.
In the event you have any questions or comments pertaining to this matter, please feel
free to contact me at your convenience.
Very truly yours,
HARDING, SHULTZ& DOWNS
l
Dale R. Brockmeier
DRB:
Enclosure r-Rcl&G/C //&v/StC)
q m ; ����� c 2004-0071
BLUE LAKE PROPERTY
N '''A, Section 25,T 1 N,R 66 W, 6`" PM
Weld County,Colorado
ANNEXATION IMPACT REPORT
December 19,2003
ANNEXOR
Lochbuie Land I,LLC
1860 Blake Street, Suite 400
Denver,Colorado 80202
303/382-1503 ext 100
Annexation of Property to the Town of Lochbuie, Colorado
605893 2 KKBECK 12/30/03 3:21 PM
BLUE LAKE ANNEXATION IMPACT REPORT
INTRODUCTION
The following report has been prepared pursuant to section 31-12-108.5 of the
Colorado Revised Statutes (C.R.S.) and concerns the proposed annexation by Lochbuie Land I,
LLC ("Annexor") of certain real property known as the Blue Lake to the Town of Lochbuie (the
"Municipality"), as shown on Exhibit 1 attached hereto (the "Property"). The Property
comprises a total of 319.69 acres more or less, including road right-of-ways, and is generally
located in the North %2 of Section 25, Township 1 North, Range 66 West of the 6`h Principal
Meridian, Weld County, Colorado, west of Weld County Road 37 and south of Weld County
Road 6. The Municipality's boundary on Exhibit 1 is depicted as it will be once the annexation
is completed, while current boundary, located approximately %2 mile South of the Property, is
depicted on Exhibit 2.
A. CURRENT ZONING/USES/PROCESS
The Property is currently zoned A-1 (Agriculture) in unincorporated Weld
County. In connection with the annexation, Annexor is processing a rezoning request to permit
residential uses on the majority of the Property and commercial uses on a small portion of the
Property.
The current land uses on the Property include a single-family residence and
associated outbuildings for agricultural uses.
Annexor submitted annexation petitions for the Property to the Municipality, and
the Municipality's Board of Trustees approved a finding of substantial compliance on December
3, 2003. At that time, the Board of Trustees set the date, time, and place for the Public Hearing
on the annexation for January 21, 2004 at 7:00 p.m. at the Town Hall.
Advertising and notice, pursuant to C.R.S., has been directed by the Municipality.
Copies of the annexation petitions, the resolution, and the published notice of the hearing, were
mailed to the Weld County Board of County Commissioners and the County Attorney, among
others, in accordance with section 31-12-108, C.R.S.
B. EXISTING AND PROPOSED LAND USE PATTERN IN THE AREA TO BE
ANNEXED
The land use patterns are best illustrated by the two maps attached hereto from the
Town of Lochbuie, Comprehensive Plan Update, May 2003. The existing land use map (Exhibit
2) shows the higher density area of the Municipality and the many large lot subdivisions in
adjacent unincorporated Weld County. The future land use map (Exhibit 3) shows the proposed
pattern of future development extending beyond the current Municipality's boundaries. The
Property is identified on both maps.
605893.2 KKBECK 12/30/03 3:21 PM
The Property is within the proposed single family residential — median to high
density use area designation of the future land use map. Proposed uses and densities on the
Property are in accordance with the median to high density designation.
C. ANNEXATION IMPACT REPORT REQUIREMENTS
1. This section is divided into the six elements corresponding to section 31-12-
108.5(1)(a)through (f) C.R.S. as follows:
(a) A map of the Municipality and adjacent territory to show the following:
(i) The present and proposed boundaries of the Municipality in the
vicinity of the proposed annexation;
(ii) 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 and;
(iii) The existing and proposed land use pattern in the areas to be
annexed;
(b) A copy of any draft or final pre-annexation agreement, if available;
(c) A statement setting forth the plans of the Municipality for extending to or
otherwise providing for, within the area to be annexed, municipal services
performed by or on behalf of the Municipality at the time of annexation;
(d) A statement setting forth the method under which the Municipality plans
to finance the extension of the municipal services into the area to be
annexed;
(e) A statement identifying existing districts within the area to be annexed;
(f) A statement on the effect of annexation upon local public school district
systems including the estimated number of students generated and the
capital construction required to educate such students.
2. C.R.S. § 31-12-108.5(1)(a)—REQUIRED MAPS
2.1 The Property is currently located within unincorporated Weld County.
Exhibits 1, 2, and 3 show the municipality and adjacent territory, including the following:
2.2 The present and proposed boundaries of the Municipality in the vicinity of
the proposed annexation.
603893.2 KKBECK 1260/03 3 21 PM 3
2.3 The present streets, major trunk water mains, sewer interceptors and
outfalls, other utility lines and ditches, and the extension of such street and utility lines in
the vicinity of the proposed annexation.
2.4 The existing and proposed land use pattern in the areas proposed to be
annexed.
3. C.R.S. § 31-12-108.5 (1)(b)—ANNEXATION AGREEMENT
No draft annexation agreement exists at this time.
4. C.R.S. § 31-12-108.5(1)(c) — EXTENSION/PROVISION OF MUNICIPAL
SERVICES.
After the annexation is complete, in conjunction with the development of the
Property, the extension and provision of municipal services to the proposed development will be
accomplished in accordance with the terms of the annexation agreement to be negotiated
between Annexor, the Municipality, and the and other appropriate agencies. The extension of
services includes: streets, water and sewer lines, and storm drainage.
4.1 STREETS
The present street system includes Weld County Road 37, a two-lane paved road,
on the East boundary of the Property and Weld County Road 6, a two-lane unpaved road, along
the West boundary of the Property. Neither Weld County Roads 37 or 6 will need to be
extended as a result of the annexation. However, both roads will be improved to meet the
Municipality's requirements as the Property is developed.
4.2 WATER, SEWER, ELECTRIC TRANSMISSION AND DITCHES
As noted on the Exhibit 2, the existing trunk water mains and sewer interceptors
and outfalls are located in the intersection of Weld County Roads 4 and 37. A major electric
transmission line passes through the Property from West to East in a 75' easement, as shown on
Exhibit 2. Major ditches in the area are also shown on Exhibit 2. The Speer Canal crosses the
Property from South to North in a 90' right-of-way. The West Burlington Extension Ditch
crosses the Property from the South to North, East of the Speer Canal.
Trunk water mains will be extended to the Property along Weld County Road 37
from the existing mains located near the intersection of Weld County Roads 4 and 37.
A new sewer interceptor line will be constructed from the Property to the
Municipality's new sewer treatment facility in the approximate alignment shown on Exhibit 2,
from Weld County Road 37 to just East of Weld County Road 39.
No extension of major electric transmission lines or ditches are projected as a
result of the annexation.
605893.2 KKBECK 12/30/03 3:21 PM 4
4.3 COMPLETION OF SERVICE EXTENSIONS
Annexor will have the obligation to develop and install all facilities on the
Property required to serve the development with water, wastewater and stormwater management
services.
4.3.1. Water
It is anticipated that Annexor will convey to the Municipality a sufficient amount
of raw water or water rights to serve the development of the Property. Water treatment and
water services will be provided to the Property by the Municipality.
4.3.2. Wastewater
It is anticipated that the wastewater services and wastewater treatment will be
provided by the Municipality after acceptance of all wastewater facilities constructed by
Annexor.
4.3.3. Stormwater
Annexor will design and construct storm drainage facilities within the Property
including, but not limited to: channels, inlets, piping, detention ponds and water quality facilities.
Annexor will convey and manage the 100-year storm event in compliance with standards
approved by the Municipality.
4.3.4. Other Dry Utilities
Entities other than the Municipality will provide services including: telephone
service by Qwest, electrical service by United Power, and natural gas service by XCEL Energy
(Public Service Company of Colorado). Service lines are intended to be located within street or
other rights of way dedicated to those purposes within the Property.
4.3.5. Emergency Services
Police Protection will be provided by the Municipality's Police Department. Fire
Protection will be provided by the Hudson Fire Protection District.
4.3.6. Open Space/Parks/Public Land Dedication
The annexation agreement will document the land dedications and/or fees that
will be suitable for parks and open space, schools and other public facilities.
4.3.7. Streets
The proposed access to the Property will be from Weld County road 37 and Road
6. Annexor will improve the off-site and on-site streets to standards as established in the
annexation agreement.
605893.2 KKBECK 12/30/03 3.21 PM 5
5. C.R.S. § 31-12-108.5(1)(d)-FINANCING SERVICE EXTENSIONS
The extension of municipal services into the Property will occur through one or
more of the following mechanisms:
1. Development fees,
2. Special Improvement Districts,
3. Developer Funds,
4. Metropolitan Districts, or
5. As otherwise agreed to between the Municipality and the
Owners of the Property as appropriate.
6. C.R.S. § 31-12-108.5(1)(E) - EXISTING DISTRICT IN THE AREA TO BE
ANNEXED
The Weld County Treasurers office records reflect that the Property is currently
subject to the following taxing authorities:
Tax District Levy
Ames Junior College District 6.316
Hudson Fire Protection District 3.318
CCW Water District .871
Central Colorado Water Conservation District 3.850
Weld County School District RE-3(j) 39.500
Weld County Library District 3.249
Weld County Administration 20.056
With annexation of the Property to the Municipality, one or more of the taxing entities noted
above may no longer be appropriate or service the Property.
7. C.R.S. §31-12-108.5(1)(F)-IMPACT ON SCHOOL DISTRICT RE-3(J)
Proposed residential development of the Property will have a substantial effect on
attendance within the RE-3(j) School District. Annexor met with the RE-3(j) School District
representative to discuss the estimated number of students generated and land capital
construction requirements. Using a total student generation rate of 0.645 students per dwelling
unit, as recently proposed for the RE-3(j) School District, and between 1300 and 1400 new
dwelling units, the development is anticipated to generate approximately 850 to 900 students at
full buildout. Although the PUD zoning application indicates that some 1700 to 2700 dwelling
units may be constructed on the Property, physical constraints will likely limit the actual total
number of units to between 1300 and 1400. Full buildout is not anticipated for some five to ten
years. Accordingly, the impact on the school district will not be immediate.
The annexation agreement will identify any land dedications or cash-in-lieu
payments required to offset the impacts of this proposed development. Successful development
605893 2 KKBECK 12/30/03 3'.21 PM 6
of the Property will increase revenues to the RE-3(j) School District over the amount currently
generated by this Property.
605893 2 KKBECK 12/30/03 3.21 PM 7
EXHIBIT 1
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