HomeMy WebLinkAbout960729.tiff 7050 Loma Linda Ct.
Longmont CO 80504
1 j ;°,i 'fl: r? April 11, 1996
Board of Weld County Commissioners CLEi: �
P.O.Box 756 T.,i L_
Greeley CO 80632
Subject: Comparison of statutory requirements for an Annexation Impact Report(CRS 31-12-108.5)to
the County Road Business Park Annexation Impact Report from the Town of Firestone, dated
December 20, 1996
Ladies and Gentlemen:
The following is an item by item comparison, as stated above.which indicates the deficiencies in said
annexation impact report filed with the Weld County Board of County Commissioners. I would appreciate
your evaluating these deficiencies in meeting the requirements of the Statutes and if finding there is
substantial non-compliance consider in the future issuing a Motion for Reconsideration if this pattern
persists in the future. It has lkeecomea common notion that if the one/sixth contiguity requirement for
annexation is met that no other consideration will defeat the annexation. I consider this to be an
irresponsible attitude for any governing entity to assume. The Satutes are laws with which we must
comply, not selectively in order to support a position.
(I)(a)(I) Complies, showing the relationship of the Town to area to be annexed.
(1)(a)(II)There was no map showing"The present major trunk water mains, sewer interceptors and
outfalls.other utility lines and ditches, and the proposed extension of such streets and utility lines in the
vicinity of the proposed annexation" as required by Statute.
(1)(a)(III)There were no maps showing"The existing and proposed land use pattern in the areas to be
annexed" as required by Statute.
(1)(b)No copy of a preannexation agreement as required by the Statute.
(1)(c) I don't consider only the naming of the entities from which municipal services are proposed to be
drawn as a"statement setting forth the plans of the municipality for extending to or otherwise providing
for,within the area to be annexed, municipal services performed by or on the behalf of the municipality at
the time of annexation."as fulfilling the Statutory requirement.
(1)(d)The Statute requires that in the Annexation Impact Report there shall be"A statement setting forth
the method under which the municipality plans to finance the extension of municpal services into the area
to be annexed". The Annexation Impact Report states"Financing the municipal services in the area to be
annexed will be addressed in an annexation agreement between the applicant and the Town of Firestone.
A copy of the pending annexation agreement between the property owner and the Town can be made
available to the County when completed."The Statute requires that the method of financing be addressed
in the Annexation Impact Report and not at the discretion of the Town, subsequently,when if inadequate
it is too late.
Parenthetically. the annexation agreement does not address the financing of any cost impacts to Districts
(fire, sanitation,ete.),Weld County(roads,etc.)or utilities, and does not, specifically determine what
expenses ultimately will be financed by the Town.
(1)(e)Partially complies, in that it lists some existing districts. However, it does not mention the
Casagrande-Enchanted Hills special improvement district.
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960729
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Cty Comm, April 11, 1996 Page 2 of 2
(1)(f) Complies in the fact that the annexed area is zoned Ml,except that the industry being built in the
annexed area will have a hazard impact on children using school buses from the residential zoning
immediately across the street from the increase of traffic serving these industrial enterprises.
The above comments are based on the information available to me from the Town of Firestone. I request
that you verify these discrepancies and inadequacies of the County Road Business Park Anexation Impact
Report in conforming to Statutory requirements,keeping them in mind when reviewing future such
reports from the Town and takeing appropriate action when they occur. I have enclosed a copy of my letter
of March 3, 1996 regarding a similar situation in the Dollaghan Annexation for your convenience.
Ve truly ourrsss,
,/
/ -;7e5-57��
John S.Folsom
PC Weld County Attorney, Jeffrey Larson,Esq. commcrbp
(l)(f)
7050 Loma Linda Ct.
Longmont CO 80504
March 3. 1996
Board of Trustees of the Town of Firestone and
Rick Patterson, Mayor
Firestone Town Hall
P.O.Box 100
150 Buchanon
Firestone CO 80520
Subject: Comparison of statutory requirements for Annexation Impact Report (CRS 31-12-108.5)
to the Annexation Impact Report for the Dollaghan Annexation to the Town of
Firestone, dated November 24, 1995.
Ladies and Gentlemen:
The following is an item by item comparison as stated above which indicates the deficiencies in
the Annexation Impact Report filed with the Weld County Board of County Commissioners. I
would appreciate your evaluating these deficiencies in meeting the requirements of the statutes
and reconsider your approval of the subject annexation, due to become effective 30 days after
February 8, 1996, until the requirements of the statutes are met to avoid any challenge to the
legality of the Annexation on this basis. I request that this letter be made a part of the record of
the Dollaghan Annexation.
(1)(a)(I) Complies, showing relation of Town to area to be annexed.
(1)(A)(II) There was no map showing "The present streets, major trunk water mains, sewer
interceptors and outfalls, other utility lines and ditches, and the proposed exrension of such
streets and utility lines in the vicinity of the proposed annexation" as required by the statute.
(1)(a)(III) There were no maps showing "The existing and proposed land use pattern in the areas
to be annexed" as required by the statute.
(1)(b) No copy of the Preannexation agreement was sent as required by the statute.
(1)(c) I don't consider only naming the entities from which the municipal services are proposed
to be drawn as a "statement setting forth the plans of the muniocipality for extending to or
otherwise providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation." as fulfilling the statutory requirement.
(1)(d) The statute reuires that in the Annexation Impact Report there shall be"A statement
setting forth the method under which the municipality plans to finance the extension of municipal
services into the area to be annexed". The Annexation Impact Report states "Financing the
municipal services within the area to be annexed will be addressed in an annexation agreement
between the property owners and the Town od Firestone. A copy of the pending annexation
agreement between the property owners and the Town can be made available to the county
when completed."The statute requires that the method of financing be addressed in the
Annexation Impact Report. The Town is not permitted the discretion of addressing it at some
subsequent time.
Parenthetically, the annexation agreement, as passed on February 8, 1996, does not address
the financing of any cost impacts to Districts (fire, sanitation, etc.), Weld County (roads, etc.) or
utilities, and does not specifically determine what expenses ultimately will be financed by the
Town. page 1 of 2
o4Ill ICI(41
I
page 2 of 2
(1)(e) Partially complies in that it lists some existing districts, but does not mention the
Casagande-Enchanted Hills special improvement district.
(1)(f) The statute requires"A statement on the effect of annexation upon local-public school
district systems, including the estimated number of students generated and the capital
construction required to educate the such students." The annexation impact report states"It is
not anticipated that the annexation will significantly affect the local public school district system.
as development occurs, specific development plans will be submitted to the school district for
their review and comment." The statute requires that the impacts be stated in the anexation
impact report, not at some later date.
Besides not conforming to the requirements of the statute, the egregiousness of this statement
in the annexation impact report should be addressed. The statutes require the municipality to
have a master plan, part of which shall be a zoning plan. This would indicate to the planning
commision, based on densities, the number of households and therefore students, based on
statistics, might be expected. It appears to me that the PUD, the Firestone comprehensive plan
and consideration for existing contiguous development requires residential development in the
subject annexed area which as a consequence must impact the school district. The timing of
these impacts can be indicated to the school district based on local growth factor projections as
available from numerous governmental and private sources as modified by variable economic
scenarios. If the municipality does not have this planning material and information it would be
improvident to even consider annexing the area. All this in a locality where the schools are
already near capacity.
The above comments are based on the information made available to me by the Town of
Firestone. I request that you verify these discrepancies and inadequacies of the Dollaghan
annexation impact report in conforming to statutory requirements and, based on same,
reconsider approval of the annexation before it becomes effective.
Very truly yours,
John S. Folsom fireimp
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