HomeMy WebLinkAbout20002704.tiff TOWN OF BERTHOUD
328 MASSACHUSETTS AVENUE•P.O. BOX 1229
BERTHOUD,COLORADO 80513
TOWN HALL POLICE DEPARTME VT
Phone(970)532-2643 Phone(970)532-2611
Fax (970)532-0640 Fax (970)532-3514
October 19, 2000
Weld County Commissioners
915 10th St.
Greeley, CO. 80632
RE: Creswell 1st Annexation
Dear Sir or Madam:
The Town of Berthoud has received an annexation petition for the Creswell 1st
Annexation and a public hearing has been scheduled for November 14, 2000.
Pursuant to CRS 31-12-108, please accept this enclosed notice on the Creswell
1st Annexation. Enclosed are copies of the annexation petition, the Annexation
Impact Report, and copies of the published notice.
Sincerely,
y,
(176't , ;) / l , ( (A k
Mary K. Cowdin
Town Clerk
2000-2704
Qubt a Meta) cc! PLOion;eat) Pk), a CM So 1{L (6-19
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PETITION FOR ANEXATION OF UNINCORPORATED TERRITORY
IN THE COUNTY OF WELD, STATE OF COLORADO
TO THE TOWN OF BERTHOUD, COLORADO
CRESWELL I 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 Statutes, 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 of7,8`D� feet, of which 1321``-
feet are contiguous to the existing town limits of Berthoud. This results in a minimum of
1161h of the perimeter of the proposed annexation area to be contiguous to the Town of
Berthoud (hereafter referred to as "the Town"). The proposed annexation area contains
approximately 1ct.00 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 area 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 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 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 area to another municipality;
d. The proposed annexation area would not have the effect of extending a
municipal boundary more than three (3) miles in any direction from any point
of such municipal 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 Agricultural for the proposed annexation
area.
6. Prior to the completion of 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, waterways, 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 and sewer services will be obtained from the Town.
Petitioners anticipate obtaining gas and electric services from Poudre Valley REA
and telephone service from USWest Communications. 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 yearE
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;
b. 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.
d. A vicinity map showing proposed annexation area and 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 right-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 annexatior
area, supplied on an 8 '/%" by 11" mailing sheet; and
b. An application fee of $300.00, plus $10.00 per acre for 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 requirements for school
dedications and or agreements as may be required.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
ss.
COUNTY OF LARIMER )
Name of petitioner being first duly sworn upon oath, deposes, and says that he was the
circulator of this Petition for Annexation Election for lands to the Town of Berthoud,
Colorado, consisting of six (6) 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: DAVID P. LAMB
1101 N. County Road 19
Berthoud, Co. 80513
Name: David P. Lamb
STATE OF COLORADO)
)SS
COUNTY OF LARIMER )
Subscribed and sworn before me this /c5 day of Silk h-PAC,
20OO , by David P. Lamb.
PO,
Witness my hand and official seal. 2.. p R
My commission expires: - CI)
•
Public
Date: 9 - w'-60
Name f Land Owner .L.D., LLC, A Colorado
Limited Liability Company By David P. Lamb (Partner)
Mailing address of Petitioners:
M.L.D., LLC
David P. Lamb
1101 North County Road 19
Berthoud, CO. 80513
(970) 532-3311
STATE OF COLORADO)
)SS
COUNTY OF LARIMER )
Subscribed and sworn to before me this /3 day of S-cv-r•nnbe&z 20 0O , by David P.
Lamb as Partner of M.L.D., LLC, A Colorado Limited Liability Company.
Witness my hand and official seal. yk A. O
My commission expires: Li-;,2Z2- Q2001 •
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EXHIBIT 'A'
The North 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 lying Easterly of the Interstate Highway
No. 25 Right of Way as recorded in Book 1041 at Page 580, records of said Weld County,
Colorado.
TOWN OF BERTHOUD, COUNTIES OF LARIMER AND
WELD, COLORADO
ANNEXATION IMPACT REPORT
CONCERNING THE
CRESWELL 1ST
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
CRESWELL 1ST ANNEXATION 3
TOWN BOUNDARIES§31-12-108.5(A) (I) 3
EXISTING&PROPOSED INFRASTRUCTURE§SECTION 31-12-108.5(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(1))
EXISTING DISTRICTS§31-12-108.5(E) c
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.
Creswell 1st Annexation
The properties included in this annexation are to be known as the Creswell 1st
Annexation. This property is contiguous to the Town of Berthoud and the total area of this
annexation is 79 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
Agricultural.
Town Boundaries § 31-12-108.5 (a) (I)
The Town's present and proposed boundaries are shown on the map entitled Creswell 1st
Annexation Impact Report. A solid line with shading represents the Town's current
boundaries. The annexation boundaries are identified by the hatched area.
Existing & Proposed Infrastructure 5 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 the enclosed maps. 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) 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
3
items with our other long range plans for a new wastewater treatment plant the Town will
be able to provide services to these areas.
Existing and Proposed Land Uses §31-12-108.5 (a) (III)
The existing land use on the property to be annexed in the Creswell 1st 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 Agricultural.
Preannexation Agreements § 31-12-108.5 (b)
There will not be any pre-annexation agreements.
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.
Creswell 1st Annexation
Existin Proposed
Zoning FA-1 Farming_ Agricultural
Acreage 79 acres +1- 79 acres +/-
Land Use A ricultural Agricultural
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 _
Wastewater (none) Town of Berthoud
_ Library __ Berthoud Public Libra
Districts:
Weld County_RE-5J School Dist. Same
_ Berthoud Fire Protection District Same
Little Thompson Water District Town of Berthoud
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 5 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 (i)
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
$750.00 per dwelling unit.
5
Creswell Annexation 1 , 2, and 3 --" Parcel Lines
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Railroad\j Ditches Town of Berthoud
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THE OLD RECORDER• Oct.,1;?,
Legal Notice
RESOLUTION NO.:24-00
.I ,
BE IT !RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF BERTHOUD,
LARIMER AND WELD COUNTIES,COLORADO
THAT: - ^•. -
I. At the regular meeting of the Board of Trustees on
October 10, 2000,, the annexation petition for'
Creswell I.Annexation'was submitted to the Board of _
Trustees by the its a communication pursuant to
Section 31-12-107(1X°,C.R.S, The location of the
property is described on.Exhibit"A"attached hereto I.
and incorporated herein by reference.
2. The Board of Trustees has reviewed the petition '
and finds that the requirements set forth in Section
31-12-107(IMQ C,,,11.,$: have 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 Novembec14,2000 at ; ;
7:30 P.M. in the,Town of Berthoud Board Room
located at 328 Massachusetts Avenue,.Berthoud, !
Colorado.Noticeofthis hearing is to be published.
4. The purpose of ihis,heating shall be to determine
whether the area proposed to be annexed meets the I
applicable.requirements!of Sections31-12-104 and
31.12-105,C,A,S,add 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)
Vii .
This resolution was passed by a vote of 6 in favor and
0 opposed at the meeting of the Board of Trustees on
the 10th day of October,2000.
TOWN OF BERTHOUD:
Milan Karspcck,Mayor
1 Mary K.Cowdin,Town Clerk
EXHIBIT'A' 'r
The North Half of the Southwest Quarter of Section
14,Township 4 North,Range 68 West of the 6th P.M. i
County of Weld,State of Colorado lying Easterly of
the Interstate Highway No.25 Right of way as
recorded in Book 1041'at Page 580,records of said
Weld County,Colorado..
TOWN OF BERTHOUD
Published in The Old Berthoud Recorder
Oct 12,19,26&Nov.2&9,2000
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