HomeMy WebLinkAbout20241926.tiffTOWN OF HUDSON
50 South Beech Street, P.O. Box 351, Hudson, CO 80642
Phone: (303) 536-9311 Fax: (303) 536-4753
www.hudsoncolorado.org
July 12, 2024
Weld County Government — County Attorney's Office
Weld County Board of Commissioners
SENT VIA CERTIFIED MAIL
RECEIVED
JUL 15 2024
WELD COUNTY
COMMISSIONERS
Re: Notice of Hudson Place also known as QuikTrip Annexation and Hearing, Case No. 23-07
Enclosed for your information are copies of the Resolution of Substantial Compliance,
Annexation Petition, copy of the published notice, and the Annexation Impact Report concerning
the proposed Hudson Place also known as QuikTrip Annexation consisting of approximately
9.78 acres as illustrated on the enclosed map.
A public hearing on the annexation of this property will be held before the Hudson Town
Council at the above address on Wednesday August 7, 2024, at 6:00 pm or as soon thereafter as
time permits.
You are welcome to attend and express your opinions during these meetings. The Town's
meeting agendas and minutes can be found on our website at
www.hudsoncolorado.org/AgendaCenter.
Sincerely,
Town of Hudson
Encl.
Resolution of Substantial Compliance
Annexation Petition
Copy of the published notice
Annexation Impact Report
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EXHIBIT A
Legal Description of Area to be Annexed
A TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED RECORDED UNDER RECEPTION NO. 1875291 OF
THE RECORDS OF WELD COUNTY AND ALSO A PORTION OF STATE HIGHWAY 52, AS SHOWN ON CDOT
RIGHT OF WAY PLAN, PROJECT NO. IM 0761-226, DATED DECEMBER 29, 2021, BEING SITUATED IN THE
SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., TOWN OF
HUDSON, WELD COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 3;
THENCE WITH THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3, S 00°41'59" W, A
DISTANCE OF 1351.69 FEET TO THE SOUTHEAST CORNER OF THAT PARCEL OF LAND ANNEXED TO THE
TOWN OF HUDSON IN THE STATE HIGHWAY 52 ANNEXATION MAP TO THE TOWN OF HUDSON, RECORDED
AT RECEPTION NO. 4327245, ON AUGUST 15, 2017 AND BEING A POINT ON THE EAST LINE OF SAID
SECTION 3, AS DESCRIBED BY THE ORIGINAL TOWN OF HUDSON SUBDIVISION PLAT, RECORDED AT
RECEPTION NO. 125091 ON DECEMBER 16, 1907, AND BEING THE POINT OF BEGINNING;
THENCE WITH THE EAST LINE OF SAID SECTION 3, 5 00°41'59" W, A DISTANCE OF 345.34 FEET TO THE
SOUTHWEST CORNER OF SAID WARRANTY DEED, RECORDED AT RECEPTION NO. 1875291 AND BEING THE
EASTERLY NORTHEAST CORNER OF A QUITCLAIM DEED RECORDED AT RECEPTION NO. 2377699 ON
MARCH 11, 1994;
THENCE WITH THE NORTH LINE OF SAID RECEPTION NO. 2377699, N 89°45'40" W, A DISTANCE OF 636.38
FEET;
THENCE WITH THE EAST LINE OF SAID RECEPTION NO. 2377699, N 00°41'59" W, A DISTANCE OF 1010.48
FEET TO A POINT ON THE SOUTH LINE OF SAID ANNEXATION MAP, RECORDED AT RECEPTION NO.
4327245;
THENCE WITH THE SOUTH LINE OF SAID RECEPTION NO. 4327245, S 44°34'30" E, A DISTANCE OF 101.54
FEET;
THENCE CONTINUING WITH THE SOUTH LINE OF SAID RECEPTION NO. 4327245, S 43°05'23" E, A DISTANCE
OF 815.32 FEET TO THE POINT OF BEGINNING.
THE ABOVE DESCRIPTION CONTAINS 432,464 SQUARE FEET OR 9.928 ACRES.
Page 8 of 10
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age and duly sworn upon oath, deposes and says:
I was the circulator of the foregoing Petition for annexation of the Property to the Town of
Hudson, Colorado, consisting of 10 pages, including this page and that each signature thereon was
witnessed by me and is the signature of the person whose name it purports to be.
Adriana L Fernandez, Circulator
STATE OF C RADO N. )
ss.
COUNTY OF W1K\
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
11 day of IL , 20 "''T , by Adriana L Fernandez.
My Commission expires NI) 12k)71
[SEAL]
MARIA EDEN M REGINIO
Notary Public
State of Washington
Commission # 23010401 I
My Comm. Expire Apr 5, 2027
Page 7 of 10
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age and duly sworn upon oath, deposes and says:
I was the circulator of the foregoing Petition for annexation of the Property to the Town of
Hudson, Colorado, consisting of 10 pages, including this page and that each signature thereon was
witnessed by me and is the signature of the person whose name it purports to be.
_-0I QcL '
Marlene Medina-Elquist, Circulator
lArA44AJM*-,
STATE OFTSZAVig]
ss.
COUNTY OFeW1/4"614A4----y
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
day of p'u..Q , 20 2-� , by Marlene Medina-Elquist.
My Commission expires
[SEAL]
Page 6 of 10
Therefore, undersigned Petitioner respectfully request that the Town Council of the Town of
Hudson, Colorado, approve the annexation of the Property.
4-ll r l ZLt
Adriana L Fernandez Date
Mailing Address: 10J`'j 1-}p)t\j lA9rt 2r N F f) [tv"1, .k9 A 9 gsi (P
STATE OFC, O i` )
) ss.
COUNTY OF
(SEAL)
Subscribed, sworn to and acknowledged before me this �1
A20 by Adriana L Fernandez.
My Commission expires
MARIA EDEN M REG,.
Notary Public
State of Washington
Commission # 23010401
My Comm. Expires Apr 5, 2027
day of An .1 L
Notary Public
Page 5 of 10
Therefore, undersigned Petitioner respectfully request that the Town Council of the Town of
Hudson, Colorado, approve the annexation of the Property.
0,
Marlene Medina-Elquist Date
Mailing Address: 123 � o _ ZOL— .5(7i \1V A- q2 -i3
J'V4,441,G
STATE OF CPI ORADO )
COUNTY OF
(SEAL)
) ss.
aWf4.4,„„_)
Subsc ibed, sworn to and acknowledged before me this
20 by Marlene Medina-Elquist.
My Commission expires
Nota
lic
Page 4 of 10
12. The Property is not presently a part of any incorporated city, city and county, or
town.
13. Petitioner understands that connection to the water system of the Town requires
inclusion into the Northern Colorado Water Conservancy District, 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.
14. As an express condition of annexation, Petitioner consents to inclusion of the Property into the
Northern Colorado Water Conservancy District (the "District") pursuant to Section 37-45-136 (3.6),
CR.S. Petitioner acknowledges that, upon inclusion in the District, the 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. Petitioner waives any right to require an election pursuant to
article X, sec. 20, of the Colorado Constitution before the District can impose the mill levies and
special assessments that it has the authority to impose. Petitioner also waives, upon inclusion, any
right that may exist to a refund pursuant to article X, sec. 20, of theColorado Constitution.
15. As an express condition of annexation, Petitioner consents to inclusion of the Property into the
Municipal Subdistrict, Northern Colorado Water Conservancy District (the "Subdistrict") pursuant
to Section 37-45-136 (3.6), C.R.S. Petitioner acknowledges that, upon inclusion in the Subdistrict,
the 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. Petitioner waives any right to require
an election pursuant to article X, sec. 20, of the Colorado Constitution before the Subdistrict can
impose such mill levies and special assessments that it has the authority to impose. Petitioner also
waives, upon inclusion, any right that may exist to a refund pursuant to article X, sec. 20, of the
Colorado Constitution.
16. The Property, the owners hereof and the uses thereon are also bound by any voter authorization
under art. X, sec. 20, of the Colorado Constitution, adopted prior to annexation of the Property.
Petitioner waives any claims to a refund they may have under art. X, sec. 20, of the Colorado
Constitution related to such taxes and fees.
SIGNATURE PAGE FOLLOWS
Page 3 of 10
improvements situated thereon, has a valuation for assessment in excess of
$200,000.00 for ad valorem tax purposes for the year next preceding the annexation is
included in boundary of the Property without the written consent of the landowner(s).
f. No annexation proceedings have been commenced for the annexation to another
municipality of part or all of the Property.
g. 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.
h. Annexation of the Property will not extend any boundary of the Town more than three (3)
miles in any direction from any point on the Town's boundary in any one year.
i. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley
is included within the Property.
Reasonable access will not be denied to landowners, owners of easements or the owners of
franchises adjoining any platted street or alley to be annexed that will not be bordered on
both sides by the Town.
3. Accompanying this Petition are four (4) copies of an annexation map showing the seal of a
registered engineer or land surveyor, containing:
a. A written legal description of the boundaries of the Property;
b. A map showing the boundary of the Property and the boundary of the Property contiguous
with the Town of Hudson and any other municipality abutting the Property;
c. Within the Property, the location of each ownership tract of unplatted land, and, with respect
to any area that is platted, the boundaries and the plat numbers of plots or lots and blocks;
d. The total acreage, more or less, of the Property;
4. Petitioner owns of more than fifty percent (50%) of the Property, exclusive of streets and
alleys.
5. That Petitioner signed this Petition no more than 180 days prior to the date of the
filing of this Petition.
6. This Petition satisfies the requirements of Article II, § 30 of the Colorado Constitution in that it is
signed by persons comprising more than 50% of the landowners of the Property who own more
than 50% of the Property, excluding public streets and alleys and any land owned by the Town.
7. That no election has been held within the last 12 months for annexation of the Property to the
Town.
8. The area proposed to be annexed is located within Weld County, Weld County School District RE -
31, Hudson Fire Protection District, and the following districts: Weld Library; Aims College; Central
Colorado Water, Lost Creek Ground Water and Central Colorado Water Conservation.
9. Upon the effective date of the ordinance annexing the Property to the Town, all lands within the
Property shall become subject of all ordinances, resolutions, rules and regulations of the Town of
Hudson, except for general property taxes which shall become effective on January 1 of the next
year following passage of the annexation ordinance. Provided, however, Petitioner Colorado
Department of Transportation, if applicable, shall not be subject to taxes or fees levied by the
Town from which they are exempt by Colorado law.
10. Petitioner has not requested from any government entity review of a site specific development
plan that would vest Petitioner with the property rights contemplated in Section 24- 68-101, et
seq., C.R.S., and that Petitioner hereby waives any vested property rights for the Property resulting
from any prior approval of any site specific development plan as defined in Section 24-68-101, et
seq., C.R.S.
11. By the date that is 90 days after the effective date of the annexation ordinance, the Property shall
be brought under the Town's zoning code and map.
Page 2 of 10
PETITION FOR ANNEXATION
TO: THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO,
RE: PROPERTY KNOWN AS HUDSON PLACE
I, Adriana L Fernandez and Marlene Medina-Elquist ("Petitioner") as the undersigned landowner,
in accordance with Title 31, Article 12, Part 1, C.R.S., known as the Municipal Annexation Act of 1965,
hereby petitions the Town Council of the Town of Hudson, Colorado, for annexation to the Town of
Hudson (the "Town") of the following described unincorporated area situate and being in the County of
Weld, State of Colorado (the "Property"):
(See Exhibit A, attached hereto and incorporated herein by reference.)
In support of this Petition, Petitioner states as follows:
1. 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 as follows:
a. Not less than one -sixth (1/6) of the perimeter of the Property is contiguous with the existing
boundaries of the Town of Hudson, Colorado, disregarding for contiguity purposes, as
allowed by Section 31-12-104(1)(a), C.R.S., the existence of any platted street or alley, any
public or private right-of-way, any public or private transportation right-of-way or area,
public lands (except county -owned open space) or any lakes, reservoirs, streams or other
natural or artificial waters located between the Town and the Property. The contiguity
required by Section 31-12-104(1)(a), C.R.S., has not been established by use of any boundary
of an area that was previously annexed to the Town where the area, at the time of its
annexation, was not contiguous at any point with the boundary of the Town, and was not
otherwise in compliance with Section 31-12-104(1)(a), C.R.S., and was located more than 3
miles from the nearest boundary of the Town, nor was the contiguity required by Section
31-12-104(1)(a), C.R.S., established by use of any boundary of territory that was
subsequently annexed directly to, or which was indirectly connected through, subsequent
annexations of such an area.
b. The proposed annexation will not create any disconnected municipal satellites.
c. A community of interest exists between the Property and the Town of Hudson, Colorado.
d. The Property is urban or will be urbanized in the near future and is integrated oris capable of
being integrated with the Town of Hudson, Colorado.
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:
i. is divided into separate parts or parcels without the written consent of the landowner
unless separated by a dedicated street, road, or other public way.
ii. comprising twenty (20) acres or more and which, together with the buildings and
Page 1 of 10
RESOLUTION NO.
24-56
Series of 2024
TITLE: A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF HUDSON
ACCEPTING THE PETITION FOR ANNEXATION OF A PARCEL OF
LAND IN WELD COUNTY AND ESTABLISHING A PUBLIC HEARING
DATE ON THE ANNEXATION (Case 23-07 Hudson Place Annexation also
known as QuickTrip Annexation)
WHEREAS, Marlene Medina-Elquist and Adriana L Fernandez, the owners of unincorporated
territory, comprising more than fifty percent (50%) of the area proposed for annexation pursuant to C.R.S.
§ 31-12-107, have filed a petition for annexation (the "Petition") of a certain unincorporated property to the
Town, which territory is more particularly described in Exhibit A attached to the Petition;
WHEREAS, C.R.S. § 31-12-108 requires that the Town accept the Petition, if complete, and
establish a date, time and place that the Town Council will hold a public hearing to consider the annexation
and the applicable requirements of the Municipal Annexation Act of 1965, C.R.S. § 31-12-10t, et seq. (the
"Act"); and
WHEREAS the Town Council, at its regular meeting on Wednesday, June 5, 2024, reviewed the
Petition and various documents submitted in support of the Petition.
NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
HUDSON, COLORADO, AS FOLLOWS:
Section 1. The Petition is hereby accepted as substantially in compliance with the petition
requirements of the Act.
Section 2. A public hearing to consider the Petition is scheduled for Wednesday, August 7,
2024, at 6:00 p.m., at the Town of Hudson Town Hall, located at 50 S. Beech Street, Hudson, Colorado,
80642, to determine if the proposed annexation complies with the Act and the Constitution of the State of
Colorado, Article II, Section 30, both as amended.
Section 3. Any person living within the area proposed to be annexed, any landowner of lands
thereof, any resident of the Town, any resident of any municipality located within one mile of the proposed
annexation, or the Board of County Commissioners of Weld County may appear at such hearing and present
evidence upon any matter to be determined by the Town Council.
INTRODUCED, READ and PASSED this 5's day of June 2024.
TOWN OF HUDSON, COLORADO
ATTEST:
Black I4iRfC, own Clerk
Paae 9 of 10
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HUDSON PLACE ANNEXATION MAP
TO THE TOWN OF HUDSON, COLORADO
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TOWN � HUDSON, COUNtt o< WELD, STALE � COLORADO
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Page 10 of 10
HUDSON PLACE ANNEXATION MAP
TO THE TOWN OF HUDSON, COLORADO 'f' x°""' x"'' °° T
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"10'AN DF HUDSON, COUNTY aF WELD, STATE OF CCLORADD
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HUDSON PLACE
ANNEXATION IMPACT REPORT
5/29/2024
1
Proposed annexation of property
to the
Town of Hudson, Colorado
by
Todd Hager, Galloway and Company Inc.
INTRODUCTION
The following report has been prepared pursuant to Section 31-12-108.5 of the Colorado Revised Statutes
(C.R.S.) and concerns the proposed annexation by [Applicant] of certain real property known as the
QuikTrip 4257 property (Property) to the Town of Hudson (Town). The Applicant is proposing an
annexation comprising a total of 9.928 acres, more or less, including road rights -of -way and generally
located in Section 3, of Township 1 North , Range 65 West of the 6th Principal Meridian, west of the
intersection of Hickory Street and State Highway 52 (Bison Highway) and southwest of the intersection
of North Interstate 76 Frontage Road and State Highway 52 (Bison Highway). More specifically, the
property is currently located at 765 Hickory Street.
A. CURRENT ZONING/USES/PROCESS
Zoning
The Property is currently zoned E (Estate) Zone District by Weld County. The Weld County website
identifies the following uses as allowed in this district: Gardening, Fishing and noncommercial water skiing,
One (1) noncommercial tower up to forth (40) feet in height per legal lot, Public parks, Public Schools, One
(1) single-family dwelling, foster care home, or group home facility per legal lot, and Utility service
facilities. The applicant proposes to change the Property's zoning, upon annexation, to the Town zone
district of Commercial One District (C-1).
Land Uses
The Property is currently a single-family dwelling.
Process
The Annexation Petition for the Property was submitted to the Town. The Town Council approved a
Resolution of Substantial Compliance by Resolution No. 24-56 on June 5, 2024, acknowledging receipt of
the petition for annexation for the Property, adopting findings regarding said Property, and setting the date,
time, and place for the Public Hearing as July 17, 2024 at 6:00 p.m. or as soon as possible thereafter, at
Town Hall located at 50 S Beech Street in Hudson, CO.
B. ANNEXATION IMPACT REPORT REQUIREMENTS
This section is divided into the six elements that correspond to Section 31-12-108.5(1)(a), C.R.S.
1. MAPS - C.R.S. § 31-12-108.5(1)(a)
Three maps are included as exhibits to this report as required by Subparagraph (a) of C.R.S. 31-12-108.5:
Exhibit A: Annexation Maps
Exhibit B: Conceptual Utility Service Maps
Exhibit C: Generalized Land Use Map
2. PRE -ANNEXATION AGREEMENT - C.R.S. § 31-12-108.5(1)(b)
An annexation agreement is being negotiated with the Annexor. A copy of the draft annexation agreement
is appended to this Report as Exhibit D.
3. EXTENSION & PROVISION OF MUNICIPAL SERVICES - C.R.S. § 31- 12-108.5(1)(c)
For all facilities and services, the Annexor will have the obligation to develop and install all on -site and
off -site transmission and/or infrastructure facilities necessary to serve the Property with water, wastewater,
stormwater facilities and other municipal services.
Water:
The Town of Hudson will provide water services.
Wastewater:
Town of Hudson will provide wastewater services.
Stormwater:
Onsite stormwater and detention will be managed by the property owner(s) or property owner association.
Offsite stormwater is controlled by Colorado Department of Transportation (CDOT) and/or the Town of
Hudson.
Other Dry Utilities:
Telephone, gas, electric and cable television/internet services are not provided by the Town of Hudson but
are provided by private providers in the area. The Town of Hudson does provide high speed interact access
through our operator, Allo Fiber.
Emergency Services:
The Hudson Police Department will provide law enforcement services. The Hudson Fire Protection District
will provide fire protection.
Open Space/Parks/Public Land Dedication:
The annexation agreement documents the public land dedications and/or fees that will be suitable for parks,
schools, fire and other public facilities as appropriate.
Streets:
The project will access the site from Hickory Street and from a new dedicated right of way south of the
roundabout from Highway 52. The project will obtain any necessary permits from CDOT for the proposed
access, which may require additional improvements within the Highway 52 right of way.
4. FINANCING SERVICE EXTENSIONS - C.R.S. § 31-12-108.5(1)(d)
Under the Town's policy of requiring growth to pay its own way, Annexor will be required to pay for the
extension of Town services to the Property. Real property taxes on the Property will fund police protection
and other general Town services.
5. EXISTING DISTRICTS IN THE AREA TO BE ANNEXED - C.R.S. § 31- 12-108.5(1)(e)
The Weld County Treasurer's office records reflect that the Property is subject to the following taxing
authorities:
Tax District I.
AIMS JUNIOR COLLEGE 6.336
CENTRAL COLORADO WATER (CCW) 0.891
CENTRAL COLORADO WATER SUBDISTRICT (CCS) 1.300
HIGH PLAINS LIBRARY 3.196
HUDSON FIRE 9.370
PLATTE VALLEY CONSERVATION 0.000
SCHOOL DIST RE3J-KEENESBURG 16.793
WELD COUNTY 12.024
Total 49.91
6. EFFECT ON SCHOOL DISTRICT - C.R.S. § 31-12-108.5(1)(t)
Greg Rabenhorst commented on the annexation on August 17, 2023, and stated that the Weld County
School District RE -3J has no concerns regarding the referral and they support the economic and commercial
development in the Town of Hudson. They see no negative impact on the school district.
EXHIBIT A: ANNEXATION MAPS
HUDSON PLACE ANNEXATION & ZONING MAP
TO THE TOWN OF HUDSON, COLORADO
Galloway
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HUDSON PLACE ANNEXATION & ZONING MAP,,
TO THE TOWN OF HUDSON, COLORADO
A
Galloway
HUDSON PLACE ANNEXATION & ZONING MAP
2
EXHIBIT B: CONCEPTUAL UTILITY SERVICE MAPS
SITE LEOEND
SCALE, 1,60.
EXHIBIT C: GENERALIZED LAND USE MAP
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