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HomeMy WebLinkAbout20240512.tiffNOTICE OF PUBLIC HEARING BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE RECEIVED FEB 2 6 2024 WELD COUNTY COMMISSIONERS Notice is hereby given that on March 19, 2024, at 7:00 P.M., or as soon as possible thereafter, in the Platteville Town Hall, 400 Grand Avenue, Platteville, CO 80651, the Town of Platteville Board of Trustees will hold a public hearing on the annexation of certain real property to the Town of Platteville, Colorado, to determine whether the proposed annexation meets the applicable requirements of Colorado Constitution Art. II § 30 and C.R.S. § 31-12-101, et seq. The legal description of the property is as follows: Lot 6, and all that part of Lot 7, lying south and east of the New Bucker Ditch Company's Canal, all in Block 2, Olinger Subdivision of Garden Tracts in the Town of Platteville, County of Weld, State of Colorado. Said area of land contains 1137 Acres (+1-142,699 sq. ft.) more or less. Any person may appear at the public hearing and present evidence on the proposed annexation. For questions or comments, contact the Town of Platteville, 400 Grand Avenue, Platteville, CO 80651, (970) 785-2245 Danette Schlegel, Platteville Town Clerk A copy of Resolution No. 2023-17, A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE, COLORADO ACCEPTING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN UNINCORPORATED WELD COUNTY AND SETTING A PUBLIC HEARING ON THE ANNEXATION, as approved by the Town of Platteville Board of Trustees, is included with this Notice. The Petition for Annexation is on file with the Town of Platteville. Town Clerk FOR QUESTIONS OR COMMENTS, CONTACT TOWN OF PLATTEVILLE 400 GRAND AVENUE PLATTEVILLE, CO 80651 PHONE: (970) 785-2245 This Notice shall be published in the Greeley Herald Tribune once a week for five successive weeks: Dec. 28, 2023, Jan. 4, 2024, Jan. 11, 2024, Jan. 18, 2024, and Jan. 25, 2024. Please send proof of publication and billing to: Town Clerk Town of Platteville 400 Grand Avenue Platteville, CO 80651 2024-0512 i'u-hl ��.e v i e.u) e.,e/ 5002-S), IPL(Egii f,r) j 3I11 -D4 (-rp)ipt,o(e-441 bDID1a 1 K!Ja), CDi5(561.;a), i 17- PETITION FOR ANNEXATION TO: BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE, COLORADO RE: PROPERTY KNOWN AS: 100L1 pT Yom, Picut em 1k, c c BOLe5'1 The undersigned landowners, in accordance with Title 31, Article 12, Part 1, C.R.S., known as the Municipal Annexation Act of 1965, hereby petition the Town of Platteville, Colorado (the "Town"), for annexation to 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 their Petition, Petitioners state as follows: 1. That it is desirable and necessary that the Property be annexed to the Town of Platteville, Colorado. 2. That the Property meets the requirements of C.R.S. §§ 31-12-104 and 105, in that: a. Not less than 1/6 of the perimeter of the Property is contiguous with the existing boundaries of the Town, disregarding for contiguity purposes, as allowed by C.R.S. § 31-12- 104(1)(a), 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 waterways located between the Town and the Property. The contiguity required by C.R.S. § 31-12-104(1)(a) 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 C.R.S. § 31-12-104(1)(a), and was located more than three miles from the nearest boundary of the Town, nor was the contiguity required by C.R.S. § 31-12-104(1)(a) 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. d. The Property is urban or will be urbanized in the near future, and said area is integrated or is capable of being integrated with the Town. e. 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: Town. i. Is divided into separate parts or parcels without the written consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other public way. ii. Comprising 20 acres or more and which, together with the buildings and improvements situated thereon, has a valuation for assessment in excess of $200,000 for ad valorem tax purposes for the year next preceding the annexation is included within the Property without the written consent of the landowner(s) sinless such tract of land is situated entirely within the outer boundaries of the Town as they exist at the time of annexation. f. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the Property. g. The 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, unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. h. The annexation of the Property will not have the effect of extending the boundary of the Town more than three miles in any direction from any point of 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. 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. That attached hereto and incorporated herein by reference are five prints of a black ink or Mylar annexation map, prepared, stamped and signed by a professional engineer or land surveyor registered in the State, containing the following information: a. A written legal description of the boundaries of the Property. b. A map showing the boundary of the Property. c. Within the annexation boundary map, a showing of the location of each ownership tract of =platted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks. d. Next to the boundary of the Property, a drawing of the contiguous boundary of the Town and the contiguous boundary of any other municipality abutting the Property. e. The physical relationship of the Property to the existing corporate limits of the 2 f. Boundaries of special districts, if any, having jurisdiction over the Property. g. The location and width of existing street and utility easements within or adjacent to the Property. h. The location and site of the nearest existing utility lines. i. Existing development within the Property, and the current source of water, sanitary sewer and storm drainage service for such development. j. Proposed zoning of the Property and exact boundaries of zoning districts if more than one district is proposed. k. Date, scale and north sign. 4. That Petitioners are the landowners of more than 50% of the Property, exclusive of streets and alleys. 5. That all Petitioners signed this Petition no more than 180 days prior to the date of the filing of this Petition. 6. That 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. That upon the effective date of the ordinance annexing the Property to the Town, the entire Property shall become subject to the ordinances, resolutions, rules and regulations of the Town, except for general property taxes which shall become effective on January I of the next year following passage of the annexation ordinance. 9. That attached hereto and incorporated herein are the following: a. Evidence of fee ownership of each separately owned parcel of the Property, consisting of a commitment for or a title insurance policy, an attorney's written title opinion, a subdivision certificate or a written ownership and encumbrance report, effective as of a date not later than 30 days before the date of filing. b. A legal description of water and ditch rights appurtenant to the Property, identified to each ownership parcel. c. Evidence that the Property is within the established Town three-mile planning area or evidence that the Town is willing to extend the Town boundaries beyond the established three-mile planning area as specified in C.R.S. § 31-12-105(1)(e). 3 2,y 5 c owner tit r i'ropr'rtt` is ra crtrprlrationlportnc'rship/joitat venture,, add the //owing p,siiieion cl. 1 l •ide"nc'c° that Y'ctitinrrcr,s arc''unthorized on behalf of the corporation, partnership oroint vent( 5's' owning the Property, to execute rr!! documentation related to this Pc:titiorr.1 It) That, by the date that is 90 days after the effective date of the annexation ordinance, the rriperty shall be brought under the Town's zoning code and map. 1. That Petitioners agree to reimburse the Town for all costs and expenses incurred by the ToNvn in reviewing and processing this Petition, as provided by and pursuant to § 15-1-1 10 of the Platteville Municipal Code. 12. That Petitioners have not requested front any government entity review of a site specific development plan that would vest Petitioners with the property rights contemplated in C.R.S. 24-bS-101. et seq , and that Petitioners hereby waive any vested property rights for the Property resulting front any prior approval of any site specific development plan as defined to C.R.S. § 24-6S-101, et seq. 13. That this Petition and the annexation of the Property are specifically conditioned on the negotiation and execution by Petitioners and the Town of a mutually acceptable annexation agreement. 14. That Petitioners reserve the right to withdraw this, Petition at any time prior to the adoption of an annexation ordinance. \VEIERL,FO P the undersigned Petitioners respectfully request that the Board of Trustees a prove je , nexation of the Property to the Town. �amc STATE OF COLORADO COUNTY OF t r —Zz �G0 \4x 7 t _ Date Mailing Address 7 ) ss. Subsc ibed. sworn to -nd teboowlecl�.tect before me this � Y lay ot` 101/01 My Commission expires31 L'1-1 i1/'1 (SEAL) DANI=TrE M SCHLEGEL NOTAnY PUBLIC STATE O1° COLOMBO Norm,/ Its 200Ng0000t5 M Commission Es trot. March 07, 2027 4 EXHIBIT A [LEGAL DESCRIPTION OF PROPERTY] ,2 s E y � L7 EIS or gu �tr� D 4 • AFig' DAVIT Oit CI RC The undersigned being of lawful .age toeing first duty Sworn upon oath, deposes and that he or she was the circulator of the frrregoing Petition for Annexation of lands to the Tosco of Platteville, Colorado, consisting of d_ pages including this page, and that each signature thereon was witnessed toy the a nitwit anti is the true signature of the person_ whose name it purports to be. STATE OF COLORADO) ) 't )ss. COUN I'\` OF 1Aj ) Su t•il vol,� to�and acknow edged before me this al day o My Commission expires 311 / DANEITE 141 SCHLEGEL NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034006813 Commission �[res March 07,-2027 APPLICANT` Print Name.:_ _ kra,-- caner of Property Cl Atrthoriied Agent of Owner Billing Address: 77 Date: "'E7 - Position/Title: OVl/D.s:��.___ jS Billing Phone: _363 — Ca26 T.ATE OF 0,0 l Ora_ u p )SS �NTY OE ,Q�( mow 'edged before me this 13-111 day of UV • , 20 be 164'V My Commission Expires: 371 TOWN OF PLA'TTEVILLE, COLORADO Adrienne Sandoval, Mayor ATTEST: DANEiTE M SCHL.EGEL NOTARY PUBLIC STATE OF COLORADO NOVO{ 1O 2003400O13 46 07, 2027 th commihalon Ex roc Mew Date of Town's Execution: TOWN OF PLATTEVILLE BOARD OF TRUSTEES RESOLUTION NO. 2024-07 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE, COLORADO ACCEPTING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN UNINCORPORATED WELD COUNTY AND SETTING A PUBLIC HEARING ON THE ANNEXATION WHEREAS, Peter Ahlstrand, the owner of unincorporated territory comprising more than 50% of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has filed a petition for annexation (the "Petition") of certain unincorporated land to, the Town, which land is more particularly`describedin Exhibit A attached to the Petition; WHEREAS, pursuant to C.R.S. § 31-12-108, the Town may accept the Petition, if complete, and establish a date, time and place that the Board of Trustees 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.; and WHEREAS, the Board of Trustees, at its regular meeting on December 19, 2023, reviewed the Petition and various documents submitted in support of the Petition. NOW BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF PLATTEVILLE, COLORADO, THAT: Section 1. The Petition is hereby accepted and found to be in substantial compliance with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq. Section 2. A public hearing is scheduled for Tuesday, March 19, 2024, at 7:00 p.m., at the Platteville Town Hall, 400 Grand Avenue, Platteville, Colorado 80651, to determine if the proposed annexation complies with the Municipal Annexation Act of 1965, C.R.S. § 31-12-101, et seq., and the Constitution of the State of Colorado, Article II, Section 30, 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 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 Board of Trustees. ADOPTED this 6"' day of February, 2024. ATTEST: Danette Schlegel, Town Cl Esther Gesick From: Sent: To: Subject: Esther Gesick Friday, March 1, 2024 10:18 AM Esther Gesick FW: Impact Report Waiver - Town of Platteville Per a phone call to the Town of Platteville to confirm the name of the Annexation, the Town Manager, Troy Renken, indicated a formal name has not been selected and the property owner is waiting to proceed with the annexation until after the election season. Both the Petitioner name and the site address were indexed for public record purposes. Esther E. Gesick Clerk to the Board 1150 O Street/P.O. Box 758/Greeley, CO 80632 tel: (970) 400-4226 Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Elizabeth Relford <erelford@weld.gov> Sent: Monday, February 26, 2024 5:05 PM To: Commissioners <COMMISSIONERS@co.weld.co.us> Cc: Bruce Barker <bbarker@weld.gov>; Karin McDougal <kmcdougal@weld.gov>; Jim Flesher <jflesher@weld.gov>; Maxwell Nader <mnader@weld.gov>; Esther Gesick <egesick@weld.gov> Subject: Impact Report Waiver - Town of Platteville Commissioners, The Town of Platteville is requesting the Board waive the requirement for an annexation impact report, per C.R.S. 31-12-108.5, for a property at 700 Reynolds Avenue in Olingers Subdivision (120913001009). The property is owned by Peter Michael Ahlstrand, contains approximately 11.4 acres zoned Ag, and is surrounded on three sides by the town. In addition, Platteville owns two of the three adjacent parcels, no right-of-way is included in the annexation, and no county -maintained roads abut the property. Annexations greater than 10 acres are required to submit an impact report describing how the annexation will affect town services, as part of the annexation process. Staff recommends the Board support Platteville's request to waive the impact report because we do not see any consequences to the county pertaining to this request. Please advise how you would like to proceed. Sincerely, Elizabeth Belford Interim Planning Director Weld County Department of Planning Services 1402 N. 17th Avenue PO Box 758 Hello