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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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'. \��\ 1 II.:.. ...:.II II gn i' I I— pgg �i "gg \'\\ �n . ��y7YNYJ S�WIYN ga�' I 5 __�I In_ *•' ,• 5: IS ip - I � !Si I I 03UYldrlfl 1' 1 g 7 2w / / �/ L, 4 ZO O .1 i3 i 0 // SC yy / I N 9661 ,0:60:61 O ,Idv [IOW I-ZLI9\N0SOfH\NHOM\ZIOS\:0 .y 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 --- - • w D 11 • is s:I. ... • r , . 11; ;, A ' ••* / Ems/ . . ter- .'f� :Pea' 52 yyy , r • .. a . c it _11 ti '. 5d i• • h ..: 8M a n,. , v _ ' 502 ` S1 � t • h _ a. IIC X11 ; — _ Ix 1 7 7 ----,---•====- / Q II • 6 ., „.. II „ �� • II r= � O a, qo.ir—v—-e‘‘.;:,.__.____ _—'=.--,:d-/ 0 I . 0 II III•.r-. ( ) \\\ / lY • PAGE 4 ANNEXATION IMP AO j R e1 996 Pastelak Annexation ANNEXATION LOCATION MAP TWO I MAP OF THE HUDSON TOWN LIMITS y. i E ; T €as I 1 " Pik _1-.._ 4 r Se i I sous r-m = a -_i' I T P I I .=la Ffi-'i �; I v I r CI 7 4 rat fir. :C.r-:\I C---;--±7.;7777: g �} slq +� # § I �, _�/ tesi »_ I -, ssvi s � �Ell4a. • B91 iC tit' 91!6-1E-9f.' 96a %i'3 /I a 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 i : commerce' o . e. TOWn sins Stale H'.t+wav 52 ii *11141c' 7. 4511111111111P? 401 • ` i t sops,rerad-t i :V ii 0 ht ....... ,I t; ® .......... .I ill.1....••••••••••:::::::::.:::::\•••••••••••......::::::::: - 0T D et t3 very Low()eosin/ResidentialOommemial ELHDlaw De„slty Reaidenlld Medium Density Resldantld School 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 Hello