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GRIFFITHS & TANOUE, P.C.
ATTORNEYS AT LAW
BLAKE STREET TERRACE TEL. (303) 298-1601
1860 BLAKE STREET, SUITE 550 FAX (303) 298-1627
DENVER, COLORADO 80202 E-MAIL grifftan@msn.com
September 23 , 1997 -
VIA FACSIMILE
Mayor Edward Tagliente
Board of Trustees
Town of Frederick
P.O. Box 435
Frederick, CO 80530
Re : Proposed Annexations to the Town of Frederick of
Properties Adjacent to Road 20
Ladies and Gentlemen:
We are the attorneys for the Town of Firestone . I am writing to
state that Firestone respectfully objects to the following proposed
annexations to the Town of Frederick: the Haley Land Company, LLC
Parcel 2 annexation; the Solomon 77, LLC annexation; the Del Camino
South, LLC annexation; the Duering/Modrall East Parcel (#1)
annexation; and the Johnson Farms annexation. Firestone objects to
these annexations for the following reasons :
1 . The parcels to be annexed are within the Town of Firestone' s
municipal service area and primary growth area, as defined by
the Town of Firestone' s Comprehensive Plan.
2 . These annexations conflict with the Town of Firestone' s
position--and the County Commissioners previously expressed
views--that Road 20 is a natural dividing line between the two
municipalities . Also, these annexations to Frederick do not
further the objectives of the Interim Coordinated Planning
Agreement, including the objective to "achieve maximum
efficiency and economy in the process of development . " They
also violate Frederick' s policy of encouraging infill
development, as stated in Policy 1 . 2 of its Comprehensive
Plan.
3 . The above-mentioned parcels to be annexed are either adjacent
to Road 20 , or will be primarily served by Road 20 east of I-
25 . The County Commissioners by voluntary petition annexed
this portion of Road 20 to Firestone. Given that this is a
Firestone street, the proposed annexations north of Road 20
and the Frederick boundary are not "reasonably contiguous in
fact" as contemplated by the Interim Coordinated Planning
Agreement . This language in the IGA requires Frederick to
-T�Jv" C (`�� 2Lr ; /9L�'44) CA 972217
GRIFFITHS & TANOUE, P.C.
Mayor and Trustees
Town of Frederick
September 23 , 1997
Page 2
examine contiguity in a broader context than simply whether
contiguity may be achieved as a technical matter under the
Municipal Annexation Act . Frederick should honor Road 20 as
a dividing line between the municipalities .
4 . If Frederick chooses not to honor this line, it must
adequately considered the impacts of development on the Town
of Firestone road system. It has not yet done so. In
particular, if the parcels are annexed to Frederick, the two
Towns must establish mechanisms to ensure adequate
improvements to and maintenance of Road 20 . To the extent
Frederick' s annexations and developments increase road
impacts . Frederick must ensure dedication of sufficient
right-of-way and a coherent transportation access plan.
Owners of these parcels will be required to obtain access
permits from Firestone . Firestone will not rubber stamp
access permits for plats that Frederick approves; rather,
Firestone will issue permits in accordance with the Access
Code and the reasonable access requirements of state law.
Firestone encourages and invites early discussion of these
issues .
5 . As with the No Name Creek Estates annexation, it is imperative
that Frederick, prior to annexation, adequately address the
technical and financial aspects of providing utilities and
other services, such as potable water, fire flows, sanitary
sewer (including any necessary lift stations) , stormwater
drainage, road improvements, and police protection. As stated
with regard to the No Name Creek Estates annexation, Firestone
does not provide water service to property outside its
boundaries . Firestone remains concerned that Frederick' s
water system cannot provide effective or economic water
service to these annexation parcels .
6 . Sewer service issues must also be adequately addressed.
Certain parcels are not within the boundaries of either the
Tri-Area Sanitation District or the St . Vrain Sanitation
District . Services to some parcels by the Tri-Area District
would require a lift station, and it is not clear whether this
District would allow lift stations .
7 . For the Haley 1, Haley 2 and Del Camino South annexations, the
legal descriptions in the maps, petitions, and resolutions of
substantial compliance do not match. While the difference
appears to be between aliquot and metes and bound descriptions
of each parcel, it is not certain whether the two in fact
match or, if not, whether there are significant discrepancies .
GRIFFITHS & TANOUE, P.C.
Mayor and Trustees
Town of Frederick
September 23 , 1997
Page 3
8 . It does not appear that there exists annexation impact reports
which contain all of the maps, documents and other information
required by C.R. S . §31-12-108 . 5 . Further, as of 23 days prior
to the hearing, the impact report to be prepared by the Town
was not yet available at the Frederick Town Hall .
9 . It does not appear that there exists an annexation plan which
contains all information required by C.R. S . §31-12-105 (1) (e) .
In addition to the objections listed above, the Town reserves the
right to raise additional objections at the hearing, and to object
to matters raised or made known at or after the hearing. The Town
requests that this letter be made a part of the record for the
public hearing on these annexations .
At a most basic level, the Town of Frederick should ask whether
these proposed annexations, and particularly those north of Road
20, conform to Frederick' s Comprehensive Plan, benefit the citizens
of Frederick, and comply with the Interim Coordinate Planning
Agreement . We believe Frederick' s annexation of these parcels will
not meet these criteria and will only generate undesirable impacts .
The Town of Firestone respectfully requests the Town of Frederick
deny the requests for annexation or, at a minimum, delay action on
the petitions until Firestone, Frederick, Weld County and other
service providers can discuss and coordinate annexation, access,
and service policies with respect to these parcels . The Town of
Firestone strongly believes such actions would lead to stronger
intergovernmental relationships and foster smart, coordinated
responses to the increasing development in our area.
Sincerely,
GRIFFITHS & TANOUE, P.C.
By: ,�frL141l/. /l�C!
Samuel J.(Light , �<<I
SJL: lab
cc : Mayor and Trustees of the Town of Firestone
Weld County Board of County Commissioners
Donald Sandoval, Division of Local Government
Trudy Peterson, Firestone Town Clerk
Bruce Nickerson, Firestone Town Planner
092397/1446[latic:\Fireston\Annex.ltr
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