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HomeMy WebLinkAbout20240513.tiffTOWN OF HUDSON 50 S. BEECH STREET, P.O. BOX 351, HUDSON, CO 80642-0351 Phone: (303) 536-9311 FAX: (303) 536-4753 www.hudsoncolorado.org February 22, 2024 Weld County Government — County Attorney's Office Weld County Board of Commissioners Re: Notice of Reed Annexation and Hearing, Case No. 22-01 RECEIVED FEB 2 6 2024 WELD COUNTY COMMISSIONERS SENT VIA CERTIFIED MAIL 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 Reed Annexation consisting of approximately 1.98 acres as illustrated on the enclosed map ( Parcel No. 147311200026). A public hearing on the annexation and zoning of this property will be held before the Hudson Town Council at the above address on Wednesday, March 20, 2024, at 6:00 pm or as soon thereafter as time perm its. 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.ort/AgendaCenter. Sincerely, Town of Hudson Encl. 7Ltbt i i ,Lv-) 314124 SbCR5),LETZIPi PF O, (51?),)7w Cakt! n_j'DKi s37., N LDKPG), Gi5(56i TP) 1-1AP5 �z 2024-0513 RESOLUTION NO. 24-20 Series of 2024 TITLE: A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION OF A PARCEL OF LAND IN WELD COUNTY AND ESTABLISHING A PUBLIC HEARING DATE ON THE ANNEXATION (Case 22-05 Reed Annexation and Initial Zoning) WHEREAS, Donald R. Reed and Joyce Reed, 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- 101, et seq. (the "Act"); and WHEREAS the Town Council, at its regular meeting on Wednesday, February 7, 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, March 20, 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 de'iermined by the Town' Council. INTRODUCED, READ and PASSED this D5 day of 'February 2024: WN OF HU SON, COLORADO Hammock, a or F 0 SEAL cb PETITION FOR ANNEXATION TO: THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO, RE: PROPERTY KNOWN AS 22186 Hiuhway 52, Hudson, CO 80642 I, Donald R. Reed and Joyce Reed, 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"incorpofated'herein b`y 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- [05, 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 or is capable of being integrated with the Town of Hudson, Colorado. e. 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 Page l of 9 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 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 detachrnent 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. If a -portion of a-plattedstr-eet or alley. is to be annexed,the entire width of said street or alley is included within the'Property." • j, 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 It, § 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: r -• �; - -_ -- :, _ . -. - 8. The area proposed to be annexed is located within Weld County, Weld County School District RE -3J, Hudson Fire Protection District, and the following districts: High Plains 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 Page 2 of 9 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. 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), C.R.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 the Colorado 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 9 Therefore, undersigned Petitioner respectfully' request that the Town Council of the Town of Hudson, Colorado, approve the annexation of the Property. - . I -2-22o2 Donald R. Reed ' J • Date Mailing Address: PG FOY A4uo co • ?o Gqz STATE OF COLORADO )ss. COUNTY OF \N -d Subscribed, sworn to and acknowledged before me this 26`h day of January 2024, by Donald R. Reed. My Commission expires 0 //IR LX.Q, Natalie Schlidt State of Colorado (S =Al.) Notary Public Commission No.'20164035485 My Commission Expires 12/12/2026 Page 4 of Therefore, undersigned Petitioner respectfully request that the Town Council of the Town of Hudson, Colorado, approve the annexation of the Property. eak 1- Zk) 202`i Joyce Reed • Date Mailing Address: STATE OF COLORADO COUNTY OF (SEAL) 5I -E3 4uDc� Coal -42_ )ss. Subscribed, sworn to and acknowledged before me this 2! day of January 2024, by Joyce Reed. My Commission expires is Natalie Schlldt State of Colorado Notary Public Commission No. 20164035485 My Commission Expires 12/1212026 Page 5 of 9 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 9 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. Donald R. Reed. Circ_lator STATE OF COLORADO ss. COUNTY OF V.JuO( The foregoing Affidavit of Circulator was subscribed and sworn to before me this 26th day of January 2024, by Donald R. Reed. My Commission expires: le„?/p/,),.) Natalie Schlidt (`S E A L] State of Colorado Notary Public Commission No. 20164035485 My Commission Expires 12/12/2028 Notary Public Page 6of9 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 9 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. Joyce Reed Circulator STATE OF COLORADO ss. COUNTY OF WO The foregoing Affidavit of Circulator was subscribed and sworn to before me this 26th day of January 2024, by Joyce Reed. My Commission expires: ) 51/cil'l a6 Cpte�teghn3II le`i's afi oredo Notary Public Commission No. 20164035485 My Commission Expires 1 211 2/2 02 8 Y Notary Public Page 7 of 9 EXHIBIT A Legal Description of Area to be Annexed A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION II, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING THE PROPERTY DESCRIBED IN DEED RECORDED JUNE 5, 1987 AT RECEPTION NO. 2102405, COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11; THENCE N89°23'13"E AL'ONG`THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF 1008.02 FEET; THENCE SOON 3'27"E A DISTANCE OF 37.90 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF STATE HIGHWAY NO. 52 TO THE POINT OF BEGINNING; THENCE N89°44'33"E ALONG SAID SOUTH RIGHT OF WAY LINE A DISTANCE OF 169.17 FEET TO A POINT ON THE WESTERLY LINE OF THE NERES CANAL; THENCE S04°51'29"E ALONG SAID WESTERLY LINE A DISTANCE OF 455.80 FEET; THENCE S89°33'08"W A DISTANCE OF 206.00 FEET TO A POINT ON THE EAST LINE OF THE NO NAME ANNEXATION, RECORDED APRIL 5, 1995 AT RECEPTION NO. 2432945; THENCE N00°13'27"W ALONG SAID EAST LINE A DISTANCE OF 455.01 FEET TO THE POINT OF BEGINNING; CONTAINING 85,295 SQUARE FEET OR 1.958 ACRES, MORE OR LESS. Page 8 of 9 VICINTIT MAP j REED ANNEXATION TO THE TOWN OF HUDSON A PORTION OF THE NORTHIYEST QUARTER OF SECTION 11, TIN, R65W OF tHE BTH PR.0. YERIOUJI, COUNTY OF WELD, STATE OF COIARADO 02614crffi tiR /vael 0 r.1[I� ' N m..orm. s ier.. .ocn aaroor p K )a.e o +�+•• SHEET I OF t SlG 6�IIEtf� j � � t•..•ML ..�bFaO•M. 1•N fn.,2•P � Kt:517:12::::— "1— W •�I®.[CnF wtM MRiw.g N. V .C:a. W .•; .�.i..'.�. Johi v+'• l ! .r�am+a o�r�mor• .4117Z/,',71°' e!%�%.:��w u yr a.u. ) y .•� �-...' ti �rn.t n• � `•.• .... ratftii ,t :fr q.Ataai.xe w.v..tn . es..a v v< im a ..„o....r •o K'ar. v ...... �..: t.t . area o n..... ny b.n•rnt note r¢f w.= s mn u� s ua ram tar i cus.s .ast a..m..-"t750.a aa�.s v sa Kr= 'c��ve"rt a cue •m.°'a,.�..mm�°m ,�n.�i Yc"° e etrm eetl�c.rr mrtl or rro rr raam_tlo (p' AI C0010tl® m W O.atl p� al) Waal. mot CV raasae Darts a tvwas I wmna.m puae on.rau. aOOi baiOra� aa. b v ,�i.taeis fu ...n s v4 ralpo�arTpt�ml0rO eOUMm W .m eC ra tir Ya.O� leafefl O rod 8.6 aor v� K .06Pr.rrWttl p an_tlar tl ao� ItlaT I.ete remit sore rd W d �• fL. aaq •.u+. m Haar EHRHART a,�«.,• �..=a� I CLASSIFlEDS O I REED ANNEXATION ANNEXATION IMPACT REPORT January 25, 2024 • - 41i4r ♦ift •4t• 1p In •/' Sr" Pa*••%• /• ♦�_� �•ra' ter AL • • le •dip y� ▪ • • t r y • - • II • • gat 1r y 7 40.1 •• • R• • ` . •+.1� •• i _ � � • ;4 • • •.IID 4 w J l _romp`�f• • IV • if+ i� • �►+�� •••• cos ro 1' • • 40. at Proposed annexation of property to the Town of Hudson , Colorado by Donald & Joyce Reed • 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 Reed property (Property) to the Town of Hudson (Town). The Applicant is proposing an annexation comprising a total of 1.96 acres, more or less, including road right-of-ways and generally located in Section 11 , of Township 1N Range 65 West of the 6"' Principal Meridian, Weld County, Colorado. The Property is generally located 22186 Highway 52, Hudson, CO 80642 . A. CURRENT ZONING/USES/PROCESS Zoning The Property is currently zoned AG by Weld County. The Weld County website identifies the following uses as allowed in this district: Agriculture . The applicant proposes to change the Property's zoning, upon annexation, to the Town zone district of B Land Uses The Property is currently one assembly hall and one living quarters for a single family operating the business. Process The Annexation Petition for the Property was submitted to the [governing body] and the [governing body] approved a Resolution of Substantial Compliance (Resolution No. ) on , 20 , 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 , 20 at 7:00 p.m., at 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 [must show the present and proposed boundaries of the municipality in the vicinity of the proposed annexation; insert any description about the annexation map of particular import; perhaps highlight here the 1/6 contiguity calculation] Exhibit B: Conceptual Utility Service Maps [must show the present streets, 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; insert any description of issues of note — where utilities must be extended, if applicable, and how, if so; etc.] Exhibit C: Generalized Land Use Map [must show the existing and proposed land use pattern in the areas to be annexed] 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: Town of Hudson [Describe under each of the following headings how the particular municipal service will be provided to the newly -annexed property.] Wastewater: Stormwater: Town of Hudson Town of Hudson Other Dry Utilities: United Power Telephone, gas, electric and cable television/internet services are not provided by the Town, but are provided by_private providers in the area. _ Emergency Services: The Hudson Police Department will provide law enforcement services. The _Hudson Fire Protection District Fire Authority/Department will provide fire protection. Open Space/Parks/Public Land Dedication: None 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:.. None 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 L_en Tax Authority Mill Levy Temp Mill Levy. Credit WELD COUNTY SCHOOL DIST RE 3J NORTHERN COLORADO WATER CENTRAL COLORADO WATER (C CENTRAL COLORADO WATER SU HUDSON FIRE AIMS JUNIOR COLLEGE HIGH PLAINS LIBRARY PLATTE VALLEY CONSERVATIO TOTAL 22.03800 19.06300 1.00000 1.40400 2 18900 9.24000 6 34200 0 00000 NET LEVY = 57 47300 6. EFFECT ON SCHOOL DISTRICT - C.R.S. § 31-12-108.5(1)(f) None. 7.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0 00000 0.00000 EXHIBIT A: ANNEXATION MAPS VICI1 IT1' !IAP — nmmi srur 1• = • I_ � ._r., n.rt. o.�s✓• �• . I Al ria to u...•s, TEED ANNEXATION TO THE TOWN OF HUDSON A PORTION OF THE NORTHWEST OI.IARTCR OF SCCTION II, TIN, P.cSW OF THC 6TH PRtHCIPA! MEP.IDIAN, COUNT'f OF wE!D, STATC OF CO!ORADO SHEET I OF I turxaA>�,r •� r bTfl AIE. II 1---.__o--- -I I ` I I gaTIgli/O: rxorW'arr nr,�'cx�s rs.•tr�1Mr, n (; _ .., to r _ ' M/'1MrAL fCR77i1GITL1 r/,r•s EHRHART `I 1 Or I EXHIBIT B: CONCEPTUAL UTILITY SERVICE MAPS CRt ro_Mi)_NtNP.CCI(1.CR• A a1 "o1 CNN - A l/M - 1/M EVERGREEN ST ` _ i...). r ,� FT i f• i y A A T J �" 1 / "1 k i L..• . o :I / r � N o g �_"j zP l I' � rnj i J. n {1 - - - - - NF_RES CANAL N:,*1 C z q m m � 1/M / 1/M ^�1 l/•-,-�� mow, KAMPHA USEN BUCK & VOSS JOSHUA 1/ 147311200002 ZONING: UNINCORPORATED EXHIBIT C: GENERALIZED LAND USE MAP 1 22186HWY52 REED PROPERTY INITIAT. ZONING MAP "2°; a na NO .7 ouARTER a scrnoN 1 t n N, R6sw of me fib 6tH fRWCIRAI MCRID4N. CONNTY a YttED, STATE Of COLORADO - .,.J tarnniOiEc[ {. NOTE9. . +•visa �a eYvtE�n`at+P'1wn .r.y '1I ®u� ZZS !Iry CIO z y. p Hello