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
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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
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REED ANNEXATION
ANNEXATION IMPACT REPORT
January 25, 2024
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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
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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
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ZONING: UNINCORPORATED
EXHIBIT C: GENERALIZED LAND USE MAP
1 22186HWY52 REED PROPERTY
INITIAT. ZONING MAP
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