HomeMy WebLinkAbout970857.tiffFirestone
A Community
In Motion
April 9, 1997
Mr. Bruce Barker
Weld County Attorney
915 Tenth Street
PO Box 1948
Greeley, CO 80632
Dear Bruce:
As we discussed, the County has recently received some questions regarding
the Town of Firestone's pending annexation of WCR 22. The purpose of this
letter is to provide you with some information in response to those questions
which are specifically identified below. For your reference, this letter
incorporates comments from the Town of Firestone's legal counsel.
1. Why does the Town want to annex WCR 22 to 1-25?
Response: It is true that the Town of Firestone has proceeded with the
annexation of various County roadways within the Town's urban growth
boundary limits. The purpose of these roadway annexations is to provide for
a unified development and access control plan for long term planned
growth for the area. These roadway annexations will compliment the Town's
efforts to assure appropriate roadway improvement phasing and access
control for years to come.
2. Has Frederick lodged any complaint regarding this annexation?
Response: The Town of Frederick has been notified of the WCR 22
annexation, and they have lodged no objection.
3. How will access be controlled on WCR 22?
Response: Access to any roadway within the Town of Firestone will be
controlled (not precluded) by the Town of Firestone Access Ordinance,
which was adopted with modifications, the State Highway Access Code for
application to Town Streets (a copy of which has been provided to you under
separate cover). Again, the Town's Access Control Ordinance is intended to
150 Buchanan P.O. Box 100 Firestone, Colorado 80520
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facilitate proper and appropriate access throughout the Firestone planned
urban growth area.
4. How will law enforcement be handled on roadway?
Response: The Town of Firestone Police Department will be responsible
for law enforcement on any roadway annexed to the Town of Firestone. The
Town of Firestone Police Department also has a mutual aide agreement
with the Weld County Sheriffs Department and neighboring town police
departments.
5. Who will maintain the roadway?
Response: Road maintenance on WCR 22, or any road annexed to the
Town of Firestone, is subject to the Road Maintenance Intergovernmental
Agreement between the Town of Firestone and Weld County. Ultimately, all
the roads will be maintained by the Town of Firestone Public Works
Department, rather than contracting services through the Weld County
Public Works and Roadways Department. Load limitations on any roadway
annexed to the Town of Firestone would be subject to the Town of Firestone
Codes and Regulations. However, the Town recognizes that there are still
numerous agricultural operations and has always intended to cooperate in
a reasonable fashion with any issue that may arise relative to any such
operations.
6. Why is the roadway proposed to be zoned Town of Firestone Residential -
1?
Response: Pursuant to the Municipal Annexation Act, the Town of
Firestone is obligated to zone any property that it annexes within 90 days
after the annexation. The reason the R-1 zoning designation was chosen is
because it is one of the more restrictive zoning districts of the Town. This is
to assure that if a road was ever realigned or offset, the annexed right-of-
way would not be of a problematic zoning type. Please keep in mind
however, that the likelihood of WCR 22 being realigned is almost
nonexistent given the lay of the land and its existing condition. Obviously,
there is no intention to vacate the roadway.
7. Could an election be required for this annexation, pursuant to CRS 31-12-
107?
Response: It is the position of the Town's attorney that, pursuant to CRS
31-12-107, an election would not be appropriate for this annexation since
the only property owner is Weld County. There are no terms and conditions
being imposed on this annexation without the consent of the owner, Weld
County; therefore no election is required under CRS 31-12-111.
8. Is the County in fee ownership of the property, such that it can actually
petition for annexation?
Response: It is the Town's understanding that Weld County is the fee
owner of WCR 22 and is therefore the appropriate entity to petition for
annexation. It is the Town's understanding that this is consistent with the
County's past practice on section line roads, and the statutory process by
which these were created.
9. Does this annexation by the Town of Firestone conflict with the MUD
planning?
Response: Relative to the Intergovernmental Agreement between Weld
County, the Town of Firestone, et al. there is no agreement, nor was it
contemplated, that annexations would not occur in the MUD area. Thus the
annexation of WCR 22, within the MUD area, is consistent with the
Intergovernmental Agreement.
10.Does the Town of Firestone intend to annex the 1-25 frontage road?
Response: The Town of Firestone has no plans to annex north and south
along the 1-25 Frontage road at this time.
Hopefully this information was helpful to you and to the Weld County Board of
Commissioners. Please contact myself or any of the Town staff or officials if we
can be of any additional assistance in this matter. We appreciate Weld
County's cooperation and believe that it is in the best interest of the County and
the Town of Firestone to proceed with the "Smart Growth" planning that we have
all expended such time and effort to accomplish.
Sincerely,
err
Bruce Nickerson
Town Planner
cc: Firestone Town Board
Sam Light, Esq.
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