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Home My WebLink About20030169.tiff Town of Berthoud 3�of BER��o 328 Massachusetts Ave. P.O. Box 1229 p � Berthoud, CO 80513-2229 te Ph. 970.532.2643 Fax 970.532.0640 st.188$ January 3, 2003 Weld County Attorney 915 10th St. Greeley, Co. 80632 RE: Simpson Annexation Dear Sir or Madam: The Town of Berthoud has received an annexation petition for the Simpson Annexation and a public hearing has been scheduled for January 28, 2003 Pursuant to CRS 31-12-108, please accept this enclosed notice on the Simpson Annexation. Enclosed are copies of the annexation petition, the Annexation Impact Report, and copies of the published notice. Sincerely, Susan K. Bowles Planning Clerk h G(."4-1-1(c /c t.?a 2003-0169 (// i3 PETITION FOR ANNEXATION OF UNINCORPORATE TERRITORY IN THE COUNTY OF WELD, STATE OF COLORADO TO THE TOWN OF BERTHOUD, COLORADO Simpson Annexation TO: THE TOWN BOARD OF TRUSTEES OF THE TOWN OF BERTHOUD, COLORADO We the undersigned landowners, in accordance with the Municipal Annexation Act of 1965,Part 1, Article 12, Title 31, Colorado Revised Statues, as amended, and the Town of Berthoud Development Code, hereby petition the Town Board of Trustees of the Town of Berthoud, Colorado for the annexation of the following described unincorporated territory located in the County of Larimer, State of Colorado: For legal description of the proposed annexation area, See Exhibit A,attached hereto and Incorporated herein by reference. The perimeter of the proposed annexation area has a distance of 7,941.22 feet, of which 3,974.40 feet are contiguous to the existing town limits of Berthoud. This results in a minimum of 1/6 of the perimeter of the proposed annexation are to be contiguous to the Town of Berthoud (hereafter referred to as "the Town"). The proposed annexation area contains approximately 80.528 gross acres, more or less. In support of said Petition, Petitioners allege the following: 1. The requirements of Section 31-12-104, C.R.S., as amended, exist or have been met: a. Not less than one-sixth of the perimeter of the proposed annexation are is contiguous with the Town; b. A community of interest exists between the proposed annexation area and the Town; c. The proposed annexation area is urban or will be urbanized in the near future. d. The proposed annexation area is integrated, or is capable of being integrated, with the Town. 2. The requirements of Section 31-12-105, C.R.S., as amended, exist, or have been met, including the following: a. In establishing the boundaries of the proposed annexation area, 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, has been divided into separate parts or parcels without the written consent of the landowners; b. In establishing boundaries of the proposed annexation area, 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 comprising twenty (20) acres or more, which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of$200,000 for ad valorem tax purposes for the year next preceding in the annexation has been included without the written consent of the landowners: c. No annexation proceedings have been commenced for the annexation of part or all of the proposed annexation to another municipality; d. The proposed annexation area would not have the affect of extending a municipal boundary more than three (3) miles in any direction from any point of such municipality boundary in any one year; and e. If any portion of a platted street or alley is to be annexed, the entire width of said street or alley is included within the proposed annexation area. 3. The signers of this Petition comprise the landowners of more than 50% of the territory included in the area proposed to be annexed exclusive of streets, alleys, and any land owned by the Town. 4. It is desirable and necessary that the proposed annexation area be annexed to the Town. 5. Petitioners request a zoning classification of PUD (Planned Unit Development) for the proposed annexation area. 6. Prior to recording the annexation of the proposed annexation area,the Town will have in place a plan for that area, which shall generally describe the following: a. Location, character, and extent of streets, subways, bridges, waterway, water fronts, parkways, playgrounds, squares, parks, aviation field, other public ways, grounds, open spaces, and public utilities; and b. Terminals for water, light, sanitation, transportation, and power to be provided by the Town; and c. The proposed land uses for the area. 7. Petitioner anticipates water service to be obtained from Little Thompson Water District. Petitioner anticipates sewer service to be obtained from Individual Septic Systems and the Town. Petitioners anticipate obtaining gas and electric services from Public Service and telephone service from Qwest. All other public facilities will be addressed between the petitioners and the Town at the time of application for development, in accordance with the Town of Berthoud Development Code. 8. Petitioners understand and consent to the Town monitoring and imposing growth controls, which will maintain the Town's growth at a specific rate over a term of years to be determined by the Town Board. 9. Petitioners request that the Town of Berthoud approve the annexation of the area herein described as Exhibit A as indicated in this Petition. 10. The signature and mailing address of each Petitioner appears on the Petition next to the date that they signed the petition. 11. The legal description of the land owned by each signer is attached hereto as an Exhibit and by reference made a part hereof. 12. Accompanying this Petition are twelve (12) copies of an annexation map of the proposed annexation area, containing the following information: a. Location of ownership tracts and platted lots; h. A written legal description of the boundaries of the proposed annexation area; c. A description and map showing the boundary of the proposed annexation area and the contiguous boundary of the Town, reflecting contiguity of the proposed annexation area to the Town and the contiguous boundary of any other municipality. d. A vicinity map showing the proposed annexation area and the surrounding areas within one mile of the proposed annexation area; e. Location of all existing structures located within the proposed annexation area; and f. Location of all contiguous section line county road-of-way and Colorado State highway right-of-way contained in the proposed annexation area. 13. Also accompanying this Petition are: a. A list of adjacent property owners within 500 feet of the proposed annexation area, supplied on an 8 '/2"by 11" mailing sheet; and b. An application fee of $300.00, plus $10.00 per each acre in the proposed annexation area. 14. Petitioners hereby request that the Town of Berthoud approve the annexation of the proposed annexation area as indicated in this Petition. 15. Petitioner has met with the school district to discuss the requirements for school dedications and or agreements as may be required. 16. Petitioner reserves the right to withdraw this application at any time during the Annexation and Overall Development Plan proceedings. lin, A 44-;-es 114471444"1-1es Simpson date Mailing address of Petitioner: James Simpson P.O. Box 428 Mead, Colorado 80524 Subscribed and sworn before me this 4Cx- day of aie,a , 20 0 2,-by James Simpson Witness my hand and official seal. My commission expires: S- 7—3 0'0 0-3 Notary Public AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF LARIMER ) ) ss. COUNTY OF WELD ) James Simpson., being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation for lands to the Town of Berthoud, Colorado, consisting of nine(9)pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: J s impson Subscribed and sworn before me this-day of l , 20 0?by James Simpson Witness my hand and official seal. My commission expires : S- 7- J2 c Id ma_o_ 99-Cret_a Notary Public 4s-L Ste Day' date Mailing address of Petitioner: Steven David Subscribed and sw m before me this 5day of l G(' , 2007 , by Skkc,►' �.9ve� /, Witness my hand and official seal. My commission expires: o` " �.� MARfiaAROBINSON C7 1 / e #f NOTARY PUBLIC Notary Public t^ I State of Texas 'fret Y,,,. Comm Exp.04-28-2005 2 AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) ) ss. COUNTY OF WELD ) Steven David, being first duly sworn upon oath, deposes, and says that he was the circulator of this Petition for Annexation for lands to the Town of Berthoud, Colorado, consisting of nine (9) pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: I „/ S en David Subscribed and sworn before me this 6 day of , 200 z,by Steven David Witness my hand and official seal. My l� fi4 A ft ==I NOTARY PUBLIC .t\* State of Texas `C owl:" Comm.Ezra 04-28-2005• (<4 CffkNotary Public yen Si on date Mailing address of Petitioner: Stephen Simpson `I 12 S P2 Kg,cs chs lab Ch L-►Na, c° 8o17c I Subscribed and sworn before me this " day of U , , 2002,by Stephen P. Simpson Witness my hand and official seal. My commission expires: .S- 1—„20e3 Notary Public AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) ss. COUNTY OF WELD ) Stephen Simpson, being first duly sworn upon oath, deposes,and says that he was the circulator of this Petition for Annexation for lands to the Town of Berthoud, Colorado, consisting of nine (9)pages, including this page, and that each signature hereon was witnessed by the affiant and is the signature of the person whose name it purports to be. CIRCULATOR: Ste. .enw' • in Subscribed and sworn before me this 4—day of 6r,r,32 , 2002, by Stephen Simpson Witness my hand and official seal. My commission expires : S 1 - Notary Public Exhibit A Legal Description Situated in the South Half of the Southwest Quarter of Section 27, Township 4 North, Range 68 West of the 6`h P.M., Weld County, Colorado. TOWN OF BERTHOUD, COUNTIES OF LARIMER AND WELD, COLORADO ANNEXATION IMPACT REPORT CONCERNING THE Simpson 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 annexation. This impact report specifically analyzes the above annexation 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. 1 Annexation and the Town of Berthoud State statutes requires 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 describe and require 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 will rely 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. Simpson Annexation The property included in this annexation is to be known as the Simpson Annexation to the Town of Berthoud. The property is contiguous to the Town of Berthoud and the total area of this annexation is 80.528 gross acres. The parcel included in this annexation is currently being used for agricultural and will be brought into the Town under the zoning of Planned Unit Development. Town Boundaries § 31-12-108.5 (a) (I) The Town's present and proposed boundaries are shown on Map 1 of this Impact Report. The Town's current boundaries include adjacent properties of the Berthoud Technological Center Annexation to the north, and the Wilson 1g and 2n° Annexations to the east. The Margil Third Annexation to the Town of Mead is the southern boundary of the property. Weld County Road 7 is the western boundary of the property. The proposed boundaries are identified on Map 1. 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 Maps 1 and 2 of this Impact Report. The Town has been in the process of designing additional infrastructure for this area. The Town of Berthoud bonded in 1997 for 5 million dollars to expand the Town's water plant, which has doubled its existing capacity. The bond also provided funds to complete a wastewater expansion that has also doubled the existing capacity allowing us to service additional development in Larimer and Weld Counties. 2 • Existing and Proposed Land Uses § Section 31-12-108.5 (a) (III) The existing land uses on the property to be annexed in the Simpson Annexation are zoned as Agricultural in Weld County and are currently being used for agricultural purposes. The owner of the property requesting annexation has requested to be zoned Planned Unit Development (see Maps 3 and 4). Pre-Annexation Agreements § Section 31-12-108.5 (b) There will not be any pre-annexation agreements. Site Data § Section 31-12-108.5 (c) The information listed below sets forth the plans of the municipality for the provision of municipal services to the area proposed to be annexed. The information below is a summary of the existing services being provided to the property within this annexation. This summary identifies existing services and how these services 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 owner upon development of the property. Simpson Annexation Existing Proposed Zoning Agricultural Planned Unit Development Acreage 80.528 acres 80.528 acres Land Use Agricultural Residential Service Provided Fire: Berthoud Area Fire Protection Same Police: Weld County Sheriff Town of Berthoud Police Gas/Electric: Public Service Same Power: Public Service Same School: Johnstown RE-5J School Same Wastewater: Septic Septic Water: Little Thompson Water Little Thompson Water Districts School: Johnstown RE-5J School Same Water: No. Colorado Water Conserv. Same Fire: Berthoud Area Fire Protection Same Library: Weld County Same Recreation: Thompson Rivers Parks&Rec. Same Summary: Upon annexation, the Town of Berthoud will provide the above listed services to this property. All of the services provided to this parcel 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 this property develops and would provide these services as outlined in the Town of Berthoud Development Code. 3 Financing of Municipal Service Expansion § Section 31-12-108.5 (d) As stated above, the Town of Berthoud has bonded for 5 million dollars to expand the Towns existing services to service the proposed annexation. With the expansion of both the water and wastewater plants, the Town has doubled existing capacity in both plants. The bonds will be repaid through tap fees and is a way in which development will pay for its fair share of growth. Existing Districts § Section 31-12-108.5 (e) Listed below are the existing districts servicing the property to be annexed: Little Thompson Water District Berthoud Area Fire Protection District Johnstown RE-5J School District Northern Colorado Water Conservancy District Thompson Rivers Parks and Recreation District Weld County Library District Weld County Board of Commissioners Anticipated Impacts and Costs to Schools § Section 31-12-108.5 (f) The Town of Berthoud does not expect any negative impacts to the Johnstown RE-5J School District. Three-Mile Plan In compliance with Section 31-12-105 C.R.S. the Town of Berthoud has reviewed and updated its three-mile plan for these areas within the last 12 months. 4 Simpson Annexation to the Town of Berthoud Affected Districts 1. Berthoud Area Fire Protection District 2. Thompson Rivers Parks and Recreation District 3. Little Thompson Water District 4. Northern Colorado Water Conservancy District 5. Weld County Library District 6. Johnstown RE-5J School District 7. Weld County Board of Commissioners Parks I-:;•I Developed rasa I aims and Welland. A Map 1 L1 Developed Sthool i. ®Cm.Wr Man:gmwV Aro+ I - .I U oposedped Fi WM To e u a n Proposed El Proposed HOA Q I .A PMonhatNLuiiAtari(UkesanddraOJJewuru) Einiaiallaiagiati 0 1 VIiIB1 P Opo td Major rime rrudb' r rlenway 287 e]O.ss _ I r Id I ii rl f - . rl ' ab y 1 �,' j 4.:1(L osfr -1 YT �� I ( I is ( I _ t a z I U `1 14f I II i ! i I i�i h , f r�Jr I I: , iI(� 4 FJI Il I .I kJ, I'll .1. 1 _.L I • -.�' -,—I 4 ,1—' 1 I' I �:L L.. �' I' _1-1• }�yyi,"e'1IJ 'a P + �' ., .61 I I r tI ii I.II ,r \ 1 i I ' I ��.J- Y`CS 1- ♦. \4 '7l(lj_1 j . 1^'l 1 I ar I I I I I�� I rr lb,,.1 11� • li 1 ; � �, � 1 ill 1L-` Irl 11:1 \II / II ;hi - .._ Ili i—,..♦ .r.�w �__. +Y•rz 1 I i )t _.�I _ L.� _- II .F— . .. I' I I I_... e N T p = ! I _ I �I Ifl ..-- r , L iIN I II ` n /o . is ( L -1 r 'I I I L._ r II f rt.. to 1 _ i;. 'I _.Elf_-a 2 1 } - TT IL _ -'111 r al r . r }!J e --, L R p 0 r ;14 l_. , \ / roI I �� 4 - 1-1 o IR 1 I I. r, - ► tt if �} I • � .. Fes- J }� -#--. I\oti-1� .%I ,. • 'p� r i Highway 561 1 ..-..- I I. 6 mr fill-i.i -dill ( jlllll IJ+� Vic �1 w l e I 11 „_,,,- -B I i 1 li I ti,-4, T 1 ' , I �.. -L_. 1. r1/`' N r I,---�1.t*+ L1 r Ih { �q ,,,pt,- l a J Nr l • . V .11 l -, rtli I ti I `�11�i II��-I , I �Y1 • .rl '....I , il ,� � «1 _ _li JllI , L ,I 14- Q s�;�l s.. Map 2 r 11 ae t 425 841 26 ,. 1 13 .iiL'. 7. 4a t 11 1 46 � '25Ezt252 1a1'"I� 11 i► I1 1 ry Pu6em KaNar - ' ... _.sClark to We 4: A 46 - f 0-- ( t 1 •� 7 BE ►_.::;:1 d 425Edt2• 44 425Ed1 i ^� `;' 44 p Ga1 Lill" Banyan \ 1 CFI IDm . { ,....11.1.. 9 t OASrt 1 mED 7 a Q 4 4- ,�. . .. III J 11 4o m 1 2E i 1 - Wakero. 1 I 5 as i 0 t in / SP t 34, © ;7 MObY t3 ti 17 34 1._ 0m1 t�.�... 2 3 4 • For the Record RESOLUTION NO. II-02 BE R RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF ` BERTHOUD.IARINIFR AND WELD COUMIF.S.COLOR.1D0THA: I.Ai the regular meeting oldie Baird ofTrunees on December Im 3001. the armadas petition fa the Simpson Anrsntiaaiwss'n bnind to the• Baird ofTrnsteaby die Clot a acommaniiaion tarSenbn31- 11.IOIllxOCdt The k lion of the property is descried en East' -A.nxadam°and inapaated herein by reference. ... -.. r. .; • 2-The Board olTtuuea has reviewed die petition and first mask re- . ` quimmems statical,'Section 3lImd*ids Usbait ken mbasnualy complied . 3.Paranoia Sado 314140801.C9Zae Baird°Masa halo sae the date for the bearing on the annexation petition fa lamuay 2&1003 a 1:30&M.in dte Town of Berthoud Baud Room bud aTX Maus chums Avenue.Berthoud.Colorado.Bogie of this hearing is to be pm lisle& ' 4.The purpose of thisksny shall km demnine*•hear at ara pm pad ark wand vxes,the applicable requirements of Sections 31.1!. IBS ad 31-11405. ELL and is eligible for aneewioo. 5.la the neat the Bard of Trustees finds Out the statutory parequisila fa anantial have been ma the Board will hold a public healing en the ordinance awing Nis popery mating of m:BBmdd o Trusiees on an a day of and coo.at me TOWN OF BERTHOUD: Mary X.Cn*mn•To=n[Ice, Milan Kanact.Ma.a EnhitA L131 Daaiption Situated in the South Half of the Southwest fpaae of Section 11.Te*m ship Nara.Range 63 West of the 6"P.M...Weld Cauti,.CobuaM_ PUBLISH:Dec.19826.1012&la 189.JA3 Hello