HomeMy WebLinkAbout20002148.tiff Town of Platteville
400 Grand Avenue • Platteville, CO 80651
ADMINISTRATION • PUBLIC SAFETY • PUBLIC WORKS • RECREATION
r. n,
August 25, 2000
Weld County Board of Commissioners
915 10th Street
Greeley, Colorado 80631
Dear Sirs:
IMPACT REPORT
Pursuant to §31-12-108.5, C.R.S., the Town of Platteville hereby submits an
annexation impact report to the Board of County Commissioners of the County of Weld,
State of Colorado, in connection with the following annexation, a petition for which has
been filed with and is pending before the Board of Trustees of the said Town:
Platte River Farm Annexation
1. A map of the annexation property, containing the information required by
the statute, is attached hereto and incorporated herein by reference.
2. A copy of the first draft annexation agreement being discussed as of the
date of this report is attached hereto.
3. The Town's plans for extending municipal services performed by or on
behalf of the municipality to the annexed area are as follows:
a. Water: Municipal water service will be extended by connecting
the internal distribution system for the annexation property to
existing lines and facilities of the municipal system. Additional
supplies of water will be obtained from the Central Weld County
Water District pursuant to a Water Service Agreement already in
effect. The Town will be the exclusive provider of water service.
b. Sanitary sewer: Municipal sanitary sewer service will be extended
by connecting the internal collection system for the annexation
property to existing lines and facilities of the municipal system.
The town will be the exclusive provider of sanitary sewer service.
2000-2148
/1..) Town Hall • Recreation • P.O. Box 70 • Fax: 970-785-2476 • 970-785-2245
PPhie 1eih eu) Public Safety • P.O. Box 389 • Fax: 970-785-2476 • 970-785-2215
Public Works • P.0.180,7p 70 • F 97,Q-785-2476 • 970-785-6415
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c. Storm sewer: Municipal storm sewer service will be extended by
connecting the internal collection system for the annexation
property to existing lines and facilities of the municipal system.
The Town will be the exclusive provider of storm sewer service.
d. Fire protection services: The Town does not provide municipal
fire protection services but such services are available generally
from the Platteville-Gilcrest Fire Protection District. The property
is located within said district.
e. Police services: Routine patrol and investigative services currently
furnished elsewhere in the Town by the Platteville Police
Department will be extended to cover the annexation property.
f. Transportation services: The Town will operate and maintain
duly dedicated and accepted public streets and roads within the
annexation property upon the same basis as such services are
provided elsewhere in the Town.
4. Financial plan: The developer of the annexation property will acquire
additional supplies of water and will construct and convey to the Town, all
at no cost to the Town, all infrastructure, including water, sanitary sewer,
drainage, street and highway improvements, as are required to serve the
annexation property. Except for the enlargement of certain off-site water
and sanitary sewer mains already in the Town's capital improvements plan
and already being funded by water and sewer rates, the Town will not
incur any additional financial obligation for such facilities. The extension
of water and sanitary sewer service to the property will be financed by tap
fees and other rates and charges sufficient to recover the cost of furnishing
such service to the annexation property. The extension of drainage, police
and transportation services will be financed by increased tax revenues
from the annexation property.
5. Districts: The annexation property is located within the Platteville-
Gilcrest Fire Protection District, the Northern Colorado Water
Conservancy District, Weld County Library District, Aims Community
College District, and the Weld County School District RE-1.
6. School impacts: The Superintendent of the Weld County School District
RE-1 has not responded for the School District's assessment of schools
impacts resulting from the annexation. Extrapolating from information and
criteria used previously for similar developments, the Town estimates that
the annexation property is likely to generate approximately 105 additional
students for the District's system. The Town has requested but has not
received information as to the ability of the School District to
accommodate that additional population with existing and planned capital
facilities.
DATED this 25th day of August, 2000.
TOWN OF PLATTEVILLE
A / 'kCQ-°1L-‘
Kar n S. Miller, CMC
Town Administrator
ANNEXATION AGREEMENT
PLATTE RIVER FARM
THIS ANNEXATION AGREEMENT ("Agreement") is entered into and made
effective as of the _ day of September, 2000, between the TOWN OF PLATTEVILLE, a
municipal corporation of the State of Colorado, whose address is 400 Grand Avenue,
Ptan.eville, Colorado 80651 (the "Town"), and DONALD J. SHERWOOD, 6635 Rabbit
Mountain Road, Longmont, Colorado 80503 (the "Owner"). Sections 1 through 5, inclusive,
of this Agreement shall be effective only upon the passage of an ordinance annexing the real
property more fully described below into the Town,
RECITALS AND REPRESENTATIONS:
WHEREAS, except for public streets and highways, the Owner is the sole owner of
the property located in Weld County, Colorado, more fully described on Exhibit A attached
hereto and incorporated into this Agreement (the "Property"); and
WHEREAS, pursuant to the Colorado Municipal Annexation Act, C.R.S. §§31-12-
101 , et seq., the Owner has filed a petition for annexation of the Property into the Town; and
WHEREAS, the Town wishes to control its growth in a planned and orderly fashion,
maintaining and improving its quality of life and its ability to provide and enhance
environmental amenities, services, and local opportunity for its citizens; and
WHEREAS, the. Owner wishes to develop the Property for use or uses compatible with
its objectives and those of the Town; and
WHEREAS, it is in the public interest for the parties to enter into a written agreement
regarding the matters addressed in this Agreement;
COVENANTS:
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
the annexation of the Property by the Town, the adequacy and sufficiency whereof are
acknowledged, the parties agree as follows:
1. TOWN JURISDICTION OVER PROPERTY. Except as expressly set forth in
Sections 3 and 4 below with respect to zoning and improvements, the Property shall, upon
annexation, he subject to all of the ordinances, codes, rules, regulations, policies and
applicable contracts of the Town, as now or hereafter constituted.
2. UTILITY AND MUNICIPAL SERVICES. The Town shall provide to the
Property the usual and customary municipal services provided by the Town within its
municipal limits generally, in accordance with the ordinances and policies of the Town.
2A WATER AND SANITARY SEWER SERVICE. The Property shall
take and be served exclusively with the municipal water and sanitary sewer service of the
Town, subject to the rules and regulations of the Town's water and wastewater utilities, as now
or hereafter constituted. The Town cannot guarantee its ability to provide water or sewer taps
or service connections on demand. The availability of such services is determined at the time
application therefor is made. Limitations upon the availability of Town utility service may
exist from time to time, and the Property shall be subject to all policies, ordinances, rules,
regulations, platting restrictions and permitting procedures currently in effect or enacted in the
future to allocate or regulate the use of the Town's utility resources generally throughout the
Town. Owner is aware of current limitations in the Town water and sanitary sewer systems
that will limit the availability of adequate fire flows and wastewater transmission service for
the Property until the Town is able to complete planned improvements identified in its capital
improvements plan as the Vasquez Street Waterline Improvements and the Division Street
Relief Sewer, and Owner accepts the consequences of such limitations as regards water and
wastewater service to the Property.
2.2 I_'IREPROTECTION SERVICES. The Town does not provide
municipal fire protection services but such services are available generally from the Platteville-
(.filcrest Fire Protection District. If the Property is not within said district, the Owner shall
cause the Property to be included within the same prior to the Town's issuance of a building
permit for above-grade new construction located within the Property.
2.3 POLICE SERVICES. The Town shall provide police services to the
I°nnperty upon the same basis as such services are provided to other property within the Town.
2.4 LLL•; TRR1C, NATURAL GAS, TELEPHONE, CABLE TV AND
OTHER UTILITY SERVICES. The Town does not provide electric, natural gas, telephone,
or cable TV facilities or services. Such services are available from private contractors within
the Town. The extension of such services to the Property is not the obligation or responsibility
of the 'fawn.
2.5 TRANSPORTATION SERVICES. The Town shall maintain duly
dedicated and accepted public streets and roads within its municipal boundaries which serve the
Property, both on and off-site, upon the same basis as such services are provided to other
property within the Town.
3. ZONING. The parties' mutual desire and decision to annex the Property into
the Town is based in part upon their expectation that development thereof will occur
substantially in accordance with the provisions of this Section 3 and the site plan attached
hereto as Exhibit B. The Zoning Petition filed by the Owner proposes, and the Town has
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approved, an R-1 (Single Family Residential) zoning classification for the Property with the
expectation that Planned Unit Development approval will be sought to permit development to
occur substantially as shown on Exhibit B. In order to effectuate the intent of the Town and
Weld County, Colorado as expressed in the Interim Coordinated Planning Agreement between
said parties, and any successor or replacement agreements ("Planning Agreement"), no new
dwelling shall he constructed on any lot or parcel within the Property that is not part of a
subdivision approved by the Town following annexation. Except for the foregoing, the
Property shall be subject to all requirements of die Town's Zoning regulations as now or
hereafter constituted.
3.1 EXISTING NON-CONFORMING BUILDINGS/USES. There are no
non-conforming uses and structures on the Property,
3.2 REZONING. Nothing in this Agreement shall be construed or
interpreted to limit, restrict or abrogate in any way the power or authority of the Town to
rezone the Property or any portion thereof at any time after annexation, either on its own
motion or in response to a zoning petition, Notwithstanding the foregoing, however, so long
as actual development of the Property substantially in accordance with Exhibit B begins within
12 months after annexation and continues without a delay or interruption of more than 24
consecutive months, the Town will not initiate any rezoning that would cause the planned
development of the Property to become non-conforming with or otherwise in violation of the
Town's zoning regulations,
4. REQUIRED IMPROVEMENTS.
4.1 SUBDIVISION REQUIRED. Prior to the commencement of any
residential development of the Property, the Owner shall apply for and obtain Town approval
for a subdivision which enhances and promotes Urban Development as that term is defined in
the Planning Agreement. The specific public improvements required in connection with such
development shall he determined at the time application for subdivision approval is made, in
accordance with applicable regulations of the Town, The Owner shall in any event participate
in the financing of such off-site improvements as may be necessary or appropriate to mitigate
the impacts of development ot'the Property, all as reasonably and equitably determined by the
Town in accordance with ordinances and regulations of the Town, the laws of the State of
Colorado and the United States.
4.2 OFF-SI'Z'E IMPROVEMENTS FOR ANTICIPATED DEVELOP-
MENT. If development of the Property occurs substantially as shown on Exhibit B within the
three years next following Annexation, the Owner's obligations for off-site improvements shall
be limited to those described in 4,2 A through D below, all of which shall be constructed and
installed by the Owner in accordance with plans and design approved by the Town and
conveyed to the Town at no cost to the Town as provided below.
CAS 1S3378\355906 02 3
1IUU 10 VV I1';1 UO'CO 1111 fl1/1 1YV. I . 1.111/1.10
A. Owner will construct and install a new lift station of such size and
capacity as the Town shall determine sufficient to carry peak flows anticipated from the
tributary area, to he located on the south side of Highway 66 at Division Street (extended);
abandon and remove the existing sanitary sewer lift station located on the east side of Main
Street at the northwest corner of Bella Vista Subdivision; construct and install a minimum 8"
diameter PVC gravity sewer main connecting the new lift station to the location of the old lift
station; and construct and install a new force main, the size of which will be determined by the
Town during design, from the new lift station, connecting to the existing Town main in
Division Street.
B. Public water main not less than eight inches in diameter extending
approximately 500 linear feet from the Town's existing main near the south access to Bella
• Vista Subdivision and extending south to the south access drive to the Property.
C. Connection of all water and sewer improvements on the Property to the
Town's water and sewer systems.
D. No off-site street improvements are required.
4.3 CONVEYANCE AND ACCEPTANCE REQUIREMENTS. Owner
shall be subject to the conveyance and acceptance requirements, and reimbursement
opportunities, set forth in Article 8 of Chapter 16 of the Platteville Municipal Code liar all
public improvements installed by it in connection with the development or use of the Property.
5. OWNER'S INDEMNIFICATION AGAINST LEGAL CHALLENGE 1'he
Owner understands and acknowledges that the annexation, zoning and subdivision of the
Property may he subject to challenge by the filing of litigation in a state or federal court. In
tile. event of such challenge, the Town will incur costs and expenses related to defense of same,
including reasonable attorney's fees, filing fees, and court costs. The Owner shall indemnify
and shall pay all reasonable costs and expenses incurred by the Town in any defense of the
annexation and/or zoning of the Property, regardless of outcome; provided, however, that the
Town shall reserve and retain the right to repeal, modify, or amend any or all ordinances or
resolutions annexing or zoning the Property, and shall reserve and retain the right to settle,
prosecute, litigate, and defend any such action in any manner and by any method that the Town
deems appropriate, desirable, or in its best interests. The Town shall, to the extent practicable
and convenient, consult with and advise the Owner of the progress of any defense.
Without limiting the generality of the foregoing, the Owner's obligations under
this Section shall extend and apply to any action brought with respect to the Property which is
connected in any way with, or brought by any person pursuant to the Citizen Management of
Growth Initiative pending before the voters of the state at the November 2000 general election
(the "Growth Initiative"), whether such action is one for judicial relief, one for referral to the
voters of the Town, or otherwise. The Owner further expressly assumes all risks of injury,
loss, or damage to Owner or to any third party arising out of or in any way related to said
CAK1g.1378\355906.02 4
!WU LU VU I I\1 (lc CU' 1111 1111 IYV. VV/ VV
Growth Initiative, should it become effective, and exempts, releases, and discharges the Town,
its officers, employees, agents, and contractors, from any and all claims, demands, and actions
for such injury, loss, or damage, arising out of or in any way related thereto.
If the said Growth Initiative should become effective, and if the Owner
requests, the Town may but shall have no obligation to determine that the Owner's application
for preliminary pre-,application conference, filed prior to the effective date of this Agreement
to continence the review and approval process for subdivision of the Property, was a "valid
development application" as that term is defined in the Growth Initiative. However, the parties
understand and agree that many details relating to the meaning and effect of said Growth
Initiative, including the definition of "valid development application," are uncertain, and that
the Town cannot and does not make any assurances concerning the correctness of such
determination. Owner's request for such determination, and any reliance Owner may place
upon such determination, are made in Owner's sole judgment and at Owner's sole risk. Owner
further specifically affirms that all of Owner's obligations as set forth in the paragraph
immediately above, as well as Owner's assumption of risk and exemption, release, and
discharge of liability as set forth in such paragraph, shall extend and apply to any action arising
out of or in any way related to such "valid development application" determination.
6. OWNER'S INDEMNIFICATION AGAINST REFERENDUM; COSTS OF
VOTER APPROVAL. The Owner understands and acknowledges that the annexation, zoning
and subdivision of the Property may be subject to public referendum. In the event of the tiling
of a public referendum, the Town. may incur costs and expenses related to conducting a
municipal election, including but not limited to costs and expenses of publication, printing, and
mailing, reasonable attorney fees, and the costs of retaining the services of election judges.
The Owner shall indemnify and shall pay all reasonable costs and expenses incurred by the
Town in conducting such election, regardless of outcome; provided, however, that the Town
shall reserve and retain the right to repeal, modify, or amend any or all ordinances and
resolutions annexing or zoning the Property or to take any other action the Town deems
appropriate, desirable, or in its best interests in the handling, consideration of the referendum
petition and referendum election.
Further, if the above referenced Growth Initiative should become effective and
it is determined that any or all land use approvals for the Property must be submitted to Town
voters as part of a Growth Area Map required by the said Growth Initiative, Owner shall
advance to the Town the reasonable costs incurred to prepare the required voter information
and other materials required for and associated with the said submittal. In the alternative, if
approved by the Town, the Owner may at Owner's sole cost prepare and timely deliver such
materials to the Town. In any event the Owner shall reimburse the Town all costs incurred by
it in connection with such submittal and election. The Town shall exercise its best efforts to
minimize to the extent reasonably possible the amount of expense incurred in this regard and
shall attempt to maximize economies of scale by coordinating the election functions associated
with development of the Property with those associated with development of other property
subject to voter consideration at the same election.
CAKkil 128\9.,55006.02 5
7. NO VESTING OF RIGHTS. Nothing in this Agreement shall be construed to
vest any property rights to the development of the Property, including but not limited to
vesting of rights in accordance with applicable provisions of Chapter 16 of the Platteville
Municipal Code or Article 68 of Title 24, Colorado Revised Statutes.
8. WAIVER. A waiver by any party to this Agreement of the breach of any term
of provision of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by either party.
9, BINDING EFFECT. This Agreement shall be binding upon the successors,
heirs, legal representatives, and assigns of the parties, and the benefits and burdens hereof
shall constitute covenants running with the Property. In the event that all or part of the
Property is sold, transferred, or otherwise conveyed to additional or multiple parties, all
owners shall be jointly and severally responsible for all terms, conditions, and obligations set
forth in this Agreement.
10. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and
conditions of this Agreement, and all rights of action relating to such enforcement, shall he
strictly reserved to the Town and Owner, and nothing contained in this Agreement shall give
or allow any such claim or right of action by any other third person on such Agreement. It is
the express intent of the Town and Owner that any person other than the Town or the Owner
receiving services or benefits under this Agreement shall be deemed to he an incidental
beneficiary only.
11. GOVERNING LAW AND ENFORCEMENT. This Agreement shall be
governed by the laws of the State of Colorado. This Agreement may be enforced at law or in
equity. In addition to any other available remedies, the Town may withhold or revoke any
permits or certificates, including but not limited to building permits and certificates of
occupancy, for any lot or structure within the Property owned at the time by Owner or a
developer successor of Owner in the event of a breach of this Agreement by the Owner.
12. ATT'ORNEY'S FEES. If the Owner breaches this Agreement, the Owner shall
pay the Town's reasonable costs and attorney's fees incurred in the enforcement of the terms,
conditions, and obligations of this Agreement.
13. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only
for the convenience and reference of the parties and are not intended in any way to define,
limit or describe the scope or intent of this Agreement.
14. INTEGRATION AND AMENDMENT. This Agreement represents the entire
agreement between the parties and no additional or different representation, promise or
agreement, written or oral, shall be binding upon either party with respect to the subject matter
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