HomeMy WebLinkAbout961479.tiff TOWN OF HUDSON
.iL 557 ASH STREET
P.O. BOX 351
" : I HUDSON, CO 80642-0351
Phone: (303) 536-9311
,. ; . ,_ t ( FAX: (303) 536-4753
1 _I,
TO WHOM IT MAY CONCERN: Date: June 26, 1996
Application has been recently made to the Town of Hudson by Julia Mae Pastelak for the
annexation of a parcel of land comprising 47± acres. It is proposed that approximately
twenty-two (22) single family homes will be built on this property on lots of about 2.0 acres
each. The existing farm house will remain on a lot of approximately 2.0 acres as well, for a
total of 23 new and existing houses. The applicant has requested A-2 zoning, which would
allow one (1) horse per acre. The subject property is currently served by the Town of
Hudson water supply, and the petitioner proposes to utilize septic systems inasmuch as
connection to the existing sewer system would involve crossing under an irrigation canal and
the construction of a lift station, judged to be prohibitively expensive for this size development
by the applicant. The subject property is located just east of the Town of Hudson proper, and
is bounded on the east and west by the Town of Hudson, on the north by Colorado Highway
52 , and on the south by an irrigation ditch.
(PLEASE REFER TO THE ENCLOSED MAP FOR LOCATION DETAIL)
As part of the review process, we would appreciate receiving your comments as indicated
below. In accordance with Colorado Statutes and the Hudson Municipal Code, we are
providing a period of at least 25 days within which to receive your comments. If we do not
hear from you by July 23, 1996, we will consider that you have no problems or concerns.
Thank you in advance for your consideration.
No comments at this time.
Recommend approval .
Please refer to the attached.
We have the following comments and/or concerns :
Signed: Agency:
Date:
Gtipi IC'
fr_yveo Please address comments to: Robb Fuller, Town of Hudson, Box 351, Hudson. CO 80642
(Hai.i7-)
Oa3/4/6 & ; nci; ,DL) 50) er-I ; rkt 961479
NOTICE OF
PUBLIC HEARING
TO ALL PERSONS INTERESTED:
PLEASE TAKE NOTICE that the Board of
Trustees of the Town of Hudson, Colorado has
adopted Resolutions initiating annexation
proceedings for the Pastelak, said Annexation
being more particularly described in said
Resolution, a copy of which follow this Notice.
That, on July 24, 1996 at the hour of 7:30
p.m.,as soon thereafter as the matter may come
on for hearing in the Regular Meeting,the Board
of Trustees will hold a public hearing upon the
annexation petition for the purpose of finding and
determining whether he property purposed to be
annexed meets the applicable requirements of
Colorado law and specifically Cob. Rev.Stat.§§
31-12-104 and 105,and is considered eligible for
annexation. At such hearing, any persons may
appear and present such evidence as they may
desire.
DATED this 20th day of June, A.D. 1996.
//s//
Judy Larson
Town Clerk
Published in the South Weld Sun
July 3, 11, & 18, 1996
RESOLUTION NO. 96-2
A RESOLUTION OF THE BOARD OF TRUSTEES
OF THE TOWN OF HUDSON FINDING
SUBSTANTIAL COMPLIANCE WITH THE
REQUIREMENTS OF SECTION 31-12-107(1)
C.R.S.OF AN ANNEXATION PETITION FILED BY
JULIA MAE PASTELAK INITIATING ANNEXATION
PROCEEDINGS FOR THE PROPERTIES
DESCRIBED IN SAID PETITION AND
ESTABLISHING THE DATE AND TIME4 FOR A
PUBLIC HEARING TO DETERMINE IF THE
PROPOSED ANNEXATION COMPLIES WITH THE
MUNICIPAL ANNEXATION ACT OF 1965.
WHEREAS,the Municipal Annexation Act of 1965(the
Act)provides that a municipality may accept Petitions for
Annexation of property upon finding substantial compliance
of the Petitions with the Act and annex such properties-in a
series considered together,and
WHEREAS, the Town has received a Petition for
Annexation from Julia Mae Pastelak to annex the property
described in said Petition to the Town of Hudson;and
WHEREAS, the Town must set a public hearing to
determine if the proposed annexation complies with the Act.
NOW, THEREFORE, BE IT RESOLVED BY THE
BOARD OF TRUSTEES OF THE TOWN OF HUDSON.
COLORADO, THAT:
Section 1 The Board of Trustees finds that the
Petition for Annexation from Julia Mae Pastelak for the
property,attached as Exhibit A,as in substantial compliance
with the requirements of Section 31-12-107(1)C.R.S.and the
annexation proceedings to consider the annexation of the
property described therein to the Town of Hudson have been
initiated.
Section 2. A public hearing is sat for a regular
meeting on the 24th day of July, 19%at 7:30 p.m. at the
Hudson Town Hall, Hudson, Colorado to determine if the
proposed annexation complies with the Municipal Annexation
Act of 1%5.
Section 3. The Town Clerk shall give such notice
as required by law and the Town staff shall deliver the
annexation report as required by law.
READ, PASSED AND APPROVED this 19th day of
June,1996.
(SEAL) George Roskop
Mayor
ATTEST.
Judy Larson
Town Clerk
EXHIBIT"A"
Legal Description:
That part of the NWG of Section 11, Township 1 North.
Range 65 West of the 6th PM., County of Weld, Sate of
Colorado, lying Easterly of the ROW of the Neres Canal,
being a strip of land, 80' wide. said step extending 35'
Easterly and 45'Westerly of the centerline of said Neres
Canal as now constructed and conveyed to the Farmers
Reservoir and Irrigation Company, by Deed recorded
September 25,1913 in Book 383 at Page 373,
EXCEPT that part of said NW%of Section 11 conveyed by
Deed recorded February 18,1916 in Book 430 at Page 528,
AND EXCEPT the North 00.0 feet thereof for Colorado
Highway No.52:
AND EXCEPT that part of the N%of the NW G of Section 11,
described as follows'.
Beginning at the NE%corner of said Section 11;
THENCE South 00D27'26" East on an assumed bearing
along the East line of said NW%of Section 11 a distance of
40.0 feet to the True Point of Beginning;
THENCE continuing 500027'26"East along said East line
the NW%of Section 11 860.0';
THENCE 589037'15"West 300.0':
THENCE N00027'26"West 860',
THENCE N89037'15" East 3000' to the True Point of
Beginning.
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE
TOWN OF HUDSON, COLORADO
RE: PROPERTY KNOWN AS THE
PASTELAK ANNEXATION
The undersigned owners of more than fifty percent
(50%) of property proposed to be annexed,exclusive of
streets and alleys,which property is described in Exhibit"A",
attached hereto and made a part of,hereby petition the Town
ofHudson,Colorado for annexation of the property described
in Exhibit "A" (the "Property"), in accordance with the
provisions of Title 31,Article 12,Part 1,C.R.S.
In support of this petition,petitioners further state:
1. That it is desirable and necessary that the Property
be annexed to the Town of Hudson,Colorado.
2. The requirements of the applicable provisions of
Sections 31-12-104 and 31-12-105. C.R.S. exist or have
been met.
3. Not-fess than one-sixth(1/6)of the perimeter of
the Property is/will becontiguous withthe existing boundaries
of the Town of Hudson,Colorado.
4. A community of interest exists between the
Property and the Town of Hudson,Colorado.
5. The Property is urban or will be urbanized in the
near future.
6. The Property is integrated or is capable of being
integrated with the Town of Hudson.Colorado.
7. In establishing the boundaries of the Property,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 landowner
unless separated by a dedicated street,road,or other public
way.
8. No land held in identical ownership composing
twenty (20) acres or more and which, together with the
buildings and improvements situated thereon,has a valuation
for assessment in excess of$200,000.00 for ad valorem tax
purposes for the preceding tax year has been included in
boundary of the Property without the wntten consent of the
landowner or landowners.
9. No annexation proceedings have been
commenced for the annexation to another municipality of part
or all of the territory proposed to be annexed.
10. Annexation of the Property will not result In the
detachment of area from any school district and the
attachment of same to another school district.
11. Upon the effective date of the Annexation
Ordinance,all lands within the Property shall become subject
of all ordinances, resolutions. rules and regulations of the
Town of Hudson.
12. Petitioners are owners of more than fifty percent
(50%) of the temtory included In the area proposed to be
annexed.exclusive of streets and alleys,and comprise more
than fifty percent(50%)of the landowners of such area,and
are, In fact owners of one hundred percent (100%)of the
area proposed to be annexed.exclusive of streets and alleys
and said owners attesting to the(acts and agreeing to the
conditions herein will negate the necessity of-an annexation
election
13 Accompanying this petition are four(4)copies of
an annexation map showing the seal of a registered engineer
or land surveyor,containing:
a A wntten legal description of the boundaries of
the area proposed to be annexed,
b.A map showing the boundary of the Property
and the boundary of the Property continuous with the
Town of Hudson and any other municipality abutting the
Property:
c.The location of each ownership tract of
unplatted land,and,with respect to any area which is
platted,the boundaries and the plat numbers of plots or
tots and blocks;
d.The total acreage,more or less,of the Property;
e.The total length of the perimeter -of the
boundary of the Property and the length of the boundary
of the Property contiguous with the Town of Hudson.
14. No part of the area proposed to be annexed is
more than three (3) miles from a point on the municipal
boundary, as such was established more than one year
before this annexation will take place.
15. The area proposed to be annexed is located within
Weld County,Weld County School District Re 3(J),Hudson
Fire Protection District, and the following districts' Weld
Library;Aims College;Central Colorado Water,Lost Creek
Ground Water and Central Colorado Water Conservation.
16. The mailing address of each signer, the legal
desorption of the land owned by each signer and the date of
signing of each signature are all shown on this Petition.
17. The territory to be annexed is not presently a part
of any incorporated city,city and county,or town.
18. Petitioners understand that the Town of Hudson
does not provide municipal sewer service and that connection
to the water system of the Town requires inclusion into the
Northern Colorado Water Conservancy Distnct, and the
Municipal Subdistrict,Northern Colorado Water Conservancy
District. Failure to provide such services to the Property shall
not be cause for disconnection of the Property at any future
time.
19 As anexpress condition of annexation,landowner
consents to inclusion of the area described in Exhibit"A"into
the Northern Colorado Water Conservancy District("Distnct")
pursuant to Section 3745-136 (3.6), C.R.S. Landowner
acknowledges that,upon inclusion in the District,landowners
property will be subject to the same mill levies and special
assessments as are levied or will be levied on other similarly
situated property in the District at the time of inclusion of
landowners lands. Landowner agrees to waive any right to
an election which may exist to require an election pursuant to
article X.§20 of the Colorado Constitution before the District
can impose such mill levies and special assessments as it
has the authority to impose. Landowner also agrees to
waive,upon inclusion,any right which may exist to a refund
pursuant to article X.§20 of the Colorado Constitution.
20. As an express condition of annexation,landowner
consents to inclusion of the area described in Exhibit"A"-into
the Municipal Subdistrict , Northern Colorado Water
Conservancy Distnct("Subdistrict")pursuant to Section 37-
45-136(3.6), C.R.S. Landowner acknowledges that, upon
inclusion in the Subdistnct, landowners property will be
subject to the same mill levies and special assessments as
are levied or will be levied on other similarly situated property
in the Subdistrict at the time of inclusion of landowners
lands. Landowner agrees to waive any right to an election
which may exist to require an election pursuant to-article X,
§20 of the Colorado Constitution before the Subdistrict can
impose such mill levies and special assessments as it has
the authority to impose. Landowner also agrees to waive,
upon inclusion. any right which may exist to a refund
pursuant to article X,§20 of the Colorado Constitution.
21 No vested rights to use or to develop the Property
in any articular way,as defined in Section 24-58-101 et sy.,
C.R.S. have been requested by Petitioners from any
governmental entity. Petitioners waive any vested land use
rights attached to any or all of the Property.
22 The petitioners acknowledge that upon annexation
of the Property to the Town,the Propeny,the owners thereof,
and uses thereon will be subject-to all taxes and fees
imposed by the Town. Provided however,petitioner Colorado
Department of Transportation shall not be subject to taxes or
fees levied by the Town from which they are exempt by
Colorado law. The Properly,the owners hereof and the uses
thereon are also bound by any voter authorization under Art.
X, §20 adopted pnor to annexation of the Property. The
petitioners waive any claims they may have under An.X,§
20 of the Colorado Constitution related to such taxes and
lees
Therefore,your petitioners respectfully request that the
Board of Trustees of the Town of Hudson,Colorado,approve
-the annexation of the Property.
AFFIDAVIT OF CIRCULATOR
The undersigned,being of lawful age,who being first
duly sworn upon oath,deposes and says:
That (he or she)was the circulator of the foregoing
Petition for Annexation of lands to the Town of Hudson.
Colorado, consisting of five(5) pages, including this page
and that each signature thereon was witnessed by your
affiant and is the true signature of the person whose name it
purports to be.
Geo.E.Tendick
Circulator
STATE OF COLORADO
)ss.
COUNTY OF Adams
The foregoing Affidavit of Circulator was subscribed and
sworn to before me this 8th day of April.199 6,by George
E.Tendick.
My Commission expires:3/2511999
Crystal Johnson
(S E A LI Notary Public
PETITION: Pastelak Annexation
Signature of Date Address
Land Owner
Julia Mae Pastelak 16/98 Box 213,Hudson,CO 80642
Legal Description of Land Owned:
See Exhibit"A"
EXHIBIT"A"
Legal-Description:
That part of the NW''/.of Section it, Township 1 North,
Range 65 West of the 6th P.M., County-of Weld, Sate of
Colorado, lying Easterly of the ROW of the Neres Canal,
being a stnp of land, 80' wide, said stnp extending 35'
Easterly and 45'Westerly of the centerline of said Neres
Canal as now constructed and conveyed to the Farmers
Reservoir and Inigation Company, by Deed recorded
September 25,1913 in Book 383 at Page 373:
EXCEPT that part of said NW''/.of Section 11 conveyed by
Deed recorded February 18,1916 in Book 430 at Page 528,
AND EXCEPT the North 40.0 feet thereof for Colorado
Highway No.52:
AND EXCEPT that part of the N'G of the NW''/.of Section 11,
described as follows:
Beginning at the NE%comer of said Section 11,
THENCE South 00027'26" East on an assumed bearing
along the East line of said NW'/.of Section 11 a distance of
40.0 feet to the True Point of Beginning:
THENCE continuing 50002726"East along said East line
the NW''/.of Section 11 860.0':
THENCE 589037'15"West 300.0':
THENCE N00027'26"West 860':
THENCE N89037'15" East 300.0' to the True Pont of
Beginning.
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TL' ANNEXATION IMPACT REPORT
FOR THE PROPOSED
PASTELAK ANNEXATION
PREPARED BY
TOWN OF HUDSON, COLORADO
June 20, 1996
I. INTRODUCTION
This Annexation Impact Report has been prepared by The Town of Hudson, Colorado, in
accordance with the requirements of C.R.S. 31-12-108.5. The proposed annexation, which
is the subject of this report, is known as the Pastelak Annexation, and is located adjacent
to and just east of the town. It is south of Colorado Highway 52, and east of the Neres
Canal (see map one). The proposed annexation consists of the approximately 47 acres
in the NW 'A Sec 11, Ti N, R65W. The subject property currently has one single family
farm on 2 acres, and the applicant proposes to develop an additional 22 , two acre home
sites, for a total of 23 new and existing homes. The applicant proposes to apply for A-2
zoning which permits single family dwellings as well as one (1) horse per acre.
The proposed annexation will result in a very low density subdivision, consistent with
the Town of Hudson comprehensive plan.
II. EXISTING AND PROPOSED CONDITIONS
The location of present and proposed municipal boundaries, streets, and water mains in
the vicinity of the proposed annexation are shown on map two. The proposed land use
pattern in the area to be annexed is shown in map three, the Town's Future Land Use
Plan.
III. PREANNEXATION AGREEMENT
There is no preannexation agreement at this time. Initial discussions with the proposed
developer lead to the conclusion that reaching an equitable agreement will not be a major
obstacle.
IV. MUNICIPAL SERVICES
The Town's municipal water system will provide service to the area to be annexed. There
is a new 8 inch water main located at the north edge of the proposed annexation. The
property is currently being served by the Town of Hudson water system, and the property
owner has recently initiated a process which will result in the property being included within
the Norther Colorado Water Conservancy District. This new source of water which will go
"on line" late in 1996, will assure a supply of safe, high quality water for the citizens of
Hudson for today and in the future.
ANNEXATION IMPACT REPORT PAGE 2
Pastelak Annexation -June 1996
The applicant has proposed that sewer services will be provided by individual septic
systems. The applicant has stated that connection to existing sewer systems is neither
financially or logistically feasible. The Town of Hudson will propose that the property be
connected to the municipal sewer system when it becomes practical. The subject property
will be fully integrated into the Town, and will enjoy all the services available to the other
parts of the Town.
V. FINANCING OF MUNICIPAL SERVICE EXTENSIONS
The water system extensions, drainage structures and roads are to be financed by the
owner and/or developer of the property which is to be annexed, as a part of a proposed
subdivision development.
VI. DISTRICTS WITHIN THE AREA TO BE ANNEXED
The following districts are within the area to be annexed:
• Northern Colorado Water Conservancy District
• Hudson Fire Protection District
• Re-3 (J) School District
• Central Colorado Water Conservancy District
• Groundwater Subdistrict of the Central Colorado Water Conservancy District
• Weld Library District
• Aims College
VII. IMPACT OF THE ANNEXATION ON THE PUBLIC SCHOOL DISTRICT
The proposed annexation request has been forwarded to the superintendent of the Re-3
(J) school district for review and comment regarding the impact on the district. As of the
date of his report, no comments have been received. The superintendent has indicated
that comments will be provided once the plan for annexation has been reviewed. The
Town acts as a facilitator in encouraging dialog between developers and the school district
so that impacts are fully understood and adverse effects are minimized.
ANNEXATION IMPACT REPORT PAGE 3
Pastelak Annexation -June 1996
i
VICIMTY MAP '
MAP ONE 1
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PAGE 4
ANNEXATION IMP AO j R e1 996
Pastelak Annexation
ANNEXATION LOCATION
MAP TWO
I
MAP OF THE HUDSON TOWN LIMITS
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III MAP OF THE HUCSCN TOWN LIMITS II -` lI sc �sLa�. $c. III - Tae m IIi^-__w'�,I
ANNEXATION IMPACT REPORT PAGE 5
Pastelak Annexation -June 1996
FUTURE LAND USE PLAN
MAP THREE
,a.#e mad ,•,
iE• :t , ' I *, • lacy Highway
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. e. TOWn sins Stale H'.t+wav 52 ii
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ELHDlaw De„slty Reaidenlld
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Open Spaca
Hgh Density Resldentld
Town of Hudson
Comprehensive Plan
Map 3
Future Land Use Plan Prepared by
Prepared for FIGAL LOFFET
Amended June 1996 Town of Hudson '
557 Ash Street.Hudson.CO-80842 a
a.
P AGE 6
ON IMPACT REPORT
ANNEXATI
Pastelak Annexation -June 1996
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