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Home My WebLink About950080.tiffRESOLUTION RE: ACTION OF BOARD CONCERNING ANNEXATION PETITION TO TOWN OF SEVERANCE - WRIGHTS #1 THROUGH #4 WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on the 18th day of January, 1995, the Town of Severance presented the Board with a request to sign a petition for the annexation of a road to establish the pole for annexation of the parcel on which the Town of Severance is considering a large lot (2 to 5 acre) subdivision west of Town, and WHEREAS, after study and review, and after hearing all testimony presented by those present at said hearing, the Board deemed it advisable to consent to said request subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the request from the Town of Severance for the Board to sign the above mentioned petition be, and hereby is, approved, subject to the following conditions: 1. The Town of Severance must place or require the placement of appropriate language upon the annexation plats notifying purchasers of the annexed property of nearby agricultural uses and the rights which the agricultural users have to continue to engage in agricultural pursuits. 2. The Town of Severance shall provide an engineered study of soils and geologic conditions representative of the entire subdivision, as detailed in Paragraph #1 of a Memorandum dated January 12, 1995, written by Trevor Jiricek, Weld County Health Department, a copy of which is attached hereto, in order to assure that groundwater contamination will not be caused by septic systems. BE IT FURTHER RESOLVED by the Board that it reserves the right to withdraw said petition if the above stated conditions are not met by the Town of Severance. 950080 BC0019 RE: ANNEXATION PETITION - TOWN OF SEVERANCE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of January, A.D., 1995. ATTEST:A ,jJ/ Weld County Clerk to the Board Deputy Clerk to the Board<-_� APPROVED AS TO FORM: County Attorney Dale . Hall, Chairman arba a J. Kirkmeyer[Prro Tem Ba xter Constance L. Harbert W. H. Webster BOARD OF COUNTY COMfv�ISSIONERS OUN hiAnyoui 950080 ANNEXATION PETITION The Weld County Commissioners, a body politic in full authority and control over the following described property and having authority to do so, hereby petition for the annexation of the hereinafter described property to the Town of Severance, Colorado. In support of this Annexation Petition the undersigned state as follows: 1. The parcel of property proposed to be annexed to the Town of Severance may be one or more parcels in series which is part of an annexation to be completed simultaneously and considered together for the purposes of any public hearings required by law and as authorized by C.R.S. 31-12-104(1)(a). 2. The parcel of property described in the real property description attached to this Annexation Petition has a minimum of 1/6th of the perimeter of the described parcel contiguous to the Town of Severance or contiguous to a parcel which will be annexed in a series of one or more parcels. A community of interest exists between the property described and this Annexation Petition and the Town of Severance and it is the opinion of the undersigned that the area will be urbanized in the near future and that the area is capable of being integrated into the annexing municipality. 3. The territory to be annexed pursuant to this Annexation Petition is not agricultural land. Such territory is being used for street or highway right-of-way purposes and no other purpose and will continue to be used for such purpose. 4. The requirements of C.R.S. 31-12-104 and C.R.S. 31-12-105 exist or have been met. 5. It is desirable and necessary that the described territory should be annexed to the Town of Severance. 6. The entire parcel of property described in this Annexation Petition is owned and under the control of the undersigned and no other person or entity has any ownership rights to the described property. 7. No petition for annexation of the territory has been filed for annexation to another municipality. 7. Weld County hereby waives the Impact Report required by C.R.S. 31-12-108.5 8. The territory to be annexed is described as follows: SEE ATTACHED PROPERTY DESCRIPTIONS. s1O090 9. The Board of Commissioners of Weld County, Colorado have requested that the Town of Severance require that any septic systems installed on the annexed property will be constructed to the current county requirements and that the Town will make reasonable efforts to prevent groundwater contamination by septic systems. 10. The Board of Commissioners has also requested that the covenants in the subdivision contain a right to farm covenant to protect neighboring landowners who continue to engage in agricultural pursuits. 11. The Board of County Commissioners reserves the right to withdraw this Annexation Petition should the Town of Severance fail to require the developer of the Wright Annexation to comply with these requirements. Therefore, the undersigned hereby request that the Town of Severance approve the annexation of the described territory. Date Signature 0//0q3/9-5- 01 L23 /95 1/23 /96- 01/93 /q5 0//23 /95 t /3-7 9500999 Memorandum To: Board of Commissioners CC: Planning, Public Works, Environmental Protection Services, Barker From: Lee Morrison Date: January 16, 1995 Subject: Severance Annexation THE TOWN OF SEVERANCE IS CONSIDERING A LARGE LOT (2 TO 5 ACRE) SUBDIVISION WEST OF TOWN. To ACCOMPLISH THE ANNEXATION THE TOWN IS REQUESTING THE COUNTY TO SIGN A PETITION FOR THE ROAD TO ESTABLISH THE POLE FOR ANNEXATION OF THE PARCEL. MANY MUNICIPALITIES TAKE THE POSITION THAT NO SUCH COUNTY CONSENT IS REQUIRED AND SIMPLY PROCEED WITHOUT THE COUNTY'S PARTICIPATION (IN SOME SITUATIONS THIS FAILURE TO INCLUDE THE COUNTY MAY BE GROUNDS TO CHALLENGE) . THE STAFF HAS REVIEWED THE ANNEXATION IN THE SAME MANNER AS THEY DO WHEN COMMENTING ON A REFERRAL ONLY. THE CONCERNS CAN BE SUMMARIZED AS NEEDING TO MINIMIZE THE CONFLICTS WITH NEARBY AGRICULTURAL USES AND THE NEED FOR FURTHER ANALYSIS OF THE SUITABILITY OF THE AREA FOR SEPTICS. THE ROAD IS BEING ANNEXED FULLY SO THERE IS NOT A SPLIT JURISDICTION PROBLEM. THE LAND OWNER AND TOWN WOULD AGREE TO A NOTE ON THEIR PLAT ADVISING PURCHASERS OF THE AGRICULTURAL NATURE OF THE AREA AND ALSO NOTE THAT THE " SUBDIVISION IS DESIGNED FOR HORSE LOTS". THE LANDOWNER HAS TIME CONSTRAINTS SO IT IS REQUESTED THAT THE BOARD CONSIDER THE PETITION ON WEDNESDAY THE I 6TH. ATTACH PLAT,PETITION AND STAFF COMMENTS 950080 DON J. HOFF ATTORNEY AT LAW 1025 9th AVENUE SUITE 309 GREELEY, COLORADO 80631 (303) 356-6767 January 9, 1995 Lee Morrison County Attorney's Office Greeley, Colorado 80631 RE: Annexation - Town of Severance Dear Lee: Approximately a month ago I discussed with you the possibility that the Town of Severance would be wanting to annex a portion of County Road 74 west of the Town of Severance. That annexation is now coming to fruition. In order to complete the Wright annexation, the Town will need to annex portions of County Road 74 in a series. I have enclosed a proposed Annexation Petition and two copies of the plats setting forth the property to be annexed. Please review the Petition and annexation plat and then contact me with regard to the County's approval of the annexation or their requirements prior to approval. Sincerely, - Don J. Hof DJH:tg Enclosure ooco ANNEXATION/REFERRAL COMMENTS Date Response Date 1 \ For Town of CMC/11*._'tA_Qp Legal Description )1t19.6:21 4— it X1 xvy `Jv Monica [DPS] ❑ I have reviewed this application and find no conflicts with our interests I have reviewed this application and have the following comments: General Comment Concerns Annexations do not create legal splits if less than a whole parcel is annexed Recommended recorded exemption or similar process before splitting of a portion of a parcel to annex to avoid jurisdictional and subdivision issues. ❑ Review whether municipality has adequately addressed provisions of service for , utilities —• n uO�\1 se ftcd L)k..\ So p- c_Suict 'yam -J ❑ Review mineral overlay districts Note any known adjacent non -annexed property owners' concerns O Note potential conflict with existing intergovermental agreements( NCri- A Other: ji,t PP _tYJ-0 '\,1,,, (., _ -(9 f c.ai.ervt__ lo Qitt, Oun-YLe/K .71u2:- 0 Gam, ` `�,U 1 , c�- r l - c. jti �" C AL (IAA__k-Q_ v it c,e z 950090 ANNEXATION/ REFERRAL COMMENTS Date For Town of ST;e/1 f!lti._g . Legal Description Response Date _ Don [Public Works] Other: I have reviewed this application and find no conflict with our interests ❑ I have review this application and have the following concerns: General Comment Concerns 0 If property is in a municipality but road is in the County, point our county control access ❑ Avoid splitjurisdiction on roads O Utility permits are necessary for work on county roads O There is no county commitment to upgrade county roads to accommodate municipal developments without separate agreements for the developer to contribute toward proportionate share and coordination with municipality. ❑ Review where the municipality has adequately addressed provisions for utilities and road maintenance. JAN 1 1 1995 "'_...m.Planning 9500`4) , O1- it cts Tow".., o F 6EVE2•t}k.ac.E 4ILL I-d-+vE cLALL Makv.\ o ao30, ©F groz, e,vz_Nb C..)\(•ISC-\.k Hhn-lcctta,-5 1 IhrcA 4. 950ng7 Date Response Date _ Description ANNEXATION/REFERRAL COMMENTS For Town of Legal Jeff [Health Department] /Q I have reviewed this application and find no conflicts with our interests. ❑ I have reviewed this application and have the following concerns: General Comment Concerns 1' Other: Review whether municipality has adequately addressed septic and sewer issues ❑ Review *hether the municipality has adequately addressed environmental quality issues. 9500cg FEB-13-1900 03:30 P.001 O I 44,4 COLORADO MEMORAI1DUM To Monica Mika -Daniels, Planning Date January 12, 1995 From Trevor Jiricek, Health Department/ &eon Wright Annexation The Environmental Protection Division has reviewed the proposal concerning the Wright Annexation. The Division has the following concerns: 1) The proposal did not describe the type of sewage disposal proposed for the subdivision. The Division recommends that the subdivision connect to the Severance sanitary sewer system. In the event the subdivision intends to use individual on -site septic systems, further information is required in order to evaluate the proposal. It is the Divisions understanding that a high groundwater table exists beneath the subdivision. In Accordance with Weld County I.S.D.S. Regulations the Division recommends that, prior to development, the applicant provide an engineered study of soils and geologic conditions representative of the entire subdivision. The study should include soil profiles (to a depth of 10 feat), depth to groundwater, hydraulic conductivity, groundwater gradient and percolation data of soils. In the event groundwater is not encountered in the upper ten (10) feet, only percolation data and soil profiles shall be provided. This information will be necessary before reviewing individual septic permits. 2) The proposal did not describe the source of water for the subdivision. The Division recommends that the subdivision contract with a community water supply such as the North Weld Water District. If you have any questions please call me at extension 2232. tj\133 cc: Lee Morrison Post -its Fax Note 7671 Talk hifidjl ilhillOCA 046 Cana. Mate 4 Fax 4331.04/pet 'd2.l0._ Fmn 11110-0 orei/It ys' -57 //- IpOf agssla co. ma" 3ST37c t232 Fu JAN 12 '95 15:36 TOTAL P.01 PAGE.001 9500 99 Hello