HomeMy WebLinkAbout20240267.tiffTown of joknstown
MEMORANDUM
TO:
FROM:
DATE:
RE:
Weld County Board of County Commissioners & Attorney
Special Taxing Districts
Jeremy Gleim, AICP, Planning and Development Director
January 25, 2024
Larson Annexation Case ANX22-0001
RECEIVED
JAN 3 0 1014
WELD COUNTY
COMMISSIONERS
LOCATION:
OWNER:
HEARING DATE:
The development will be located directly west of and adjacent to Weld
County Road 15 (N. Telep Avenue), and north of the Rolling Hills
Subdivision. The project includes approximately 96.04 acres and consists
of residential and open space/parks usage.
Johnstown North Investments, LLC
Town Council
February 22, 2024
7 PM, Town Hall
On January 22, 2022 Johnstown North investments, LLC ("Applicant"), submitted a Land Use
Application & Cost Reimbursement Agreement to request annexation and zoning designation for
approximately 94 acres of land in Weld County. The subject property is located in the northeast
quarter of section 6 and the northwest quarter of section 5, township 4 north, range 67 west of
the P.M. More specifically, it is located west of Telep avenue (Weld County Road 15), west of the
existing Thompson Parks Baseball Fields and north of Rolling Hills Ranch subdivision.
The subject property is presently zoned Agriculture in unincorporated Weld County and the
property is currently being used as farm land. It is partially bordered by incorporated areas of
Johnstown to the east and south, with the Roling Hills Subdivision to south. The land to the north
and west is in unincorporated Weld County.
As shown in the attached resolution, the original hearing date for the annexation was set for
February 5, 2024; however, due to an error on our part, this packet was not submitted to the
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Board of County Commissioners in a timely manner, pursuant to C.R.S. § 31-12-108.5 Therefore,
the item will be continued to the Town Council meeting on February 22, 2024.
ATTACHMENTS
1- Resolution of Substantial Compliance
2- Proof of Publication
3- Petition
4- Annexation Plat
5- Annexation Impact Report
The Community That Cares
www.Johnstown.Colorado.gov
P: 970.587.4664 1450 S. Parish Ave, Johnstown CO I F: 970.587.0141
TOWN OF JOHNSTOWN, COLORADO
RESOLUTION NO. 2023-61
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE FOR
INITIATING ANNEXATION PROCEEDINGS AND SETTING A
PUBLIC HEARING DATE FOR THE LARSON ANNEXATION
WHEREAS, the Town of Johnstown ("Town") is a Colorado home rule municipality, duly
organized and existing under the laws of the State of Colorado and the Town's Home Rule Charter;
and
WHEREAS, the Town Council is vested with the authority to administer the affairs of the
Town; and
WHEREAS, on or about November 22, 2023, Johnstown North Investments, LLC, a
Colorado limited liability company, submitted a Petition for Annexation; and
WHEREAS, the Town Council has reviewed the Petition for Annexation, and, finding
substantial compliance as set forth below, desires to initiate annexation proceedings in accordance
with the law and set a public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF JOHNSTOWN, COLORADO, THAT:
Section 1. The Town Council finds that a Petition for Annexation of certain property
known as Lot B, Recorded Exemption No. 1059-06-2 Re -2515, Lot B, Recorded Exemption No.
1059 -06 -2 -Re -2616 and a portion of adjoining Weld County Road 15 Right of Way located in the
Northeast Quarter of Section 6 and the Northwest Quarter of Section 5, Township 4 North, Range
67 West of the 6th P.M., County of Weld, State of Colorado, consisting of approximately 96.04
acres, being more particularly described on Exhibit A, which is attached hereto and incorporated
herein by this reference, filed with the Town Clerk on or about November 22, 2023, to be known
as the "Larson Annexation," is in substantial compliance with §31-12-107(1), and that a public
hearing should be held to determine if the proposed annexation complies with §§31-12-104 and
31-12-105, C.R.S., or such parts thereof as maybe required to establish eligibility pursuant to §31-
12-101, et seq.
Section 2. The Town Council hereby sets a public hearing for such purposes on Feburary
5, 2024, at 7:00 p.m., at 450 South Parish Avenue, Johnstown, Colorado.
Section 3. The Town Clerk shall publish notice of the hearing once per week for four (4)
consecutive weeks in the Johnstown Breeze, with the first publication at least thirty (30) days prior
to the date of the hearing. The Town Clerk shall also send a copy of the published notice, together
with a copy of this Resolution and the Petition for Annexation, by registered mail to the Weld
County Board of County Commissioners and to the Weld County Attorney and to any special
district or school district having territory within the area to be annexed at least twenty-five (25)
days prior to the date fixed for such hearing.
Section 4. This Resolution shall be effective on the date hereof.
PASSED, SIGNED, A ;; ; VED, AND ADOPTED THIS IS, day of OLGoe,"6r., 2023.
ATTEST:
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PETITION FOR ANNEXATION
To the Town of Johnstown
(Weld County)
eby
The undersigned, in accordance with Article 12, Chapown ter 31, CRS, as amended, Colorado, for annexation tothe
petition the Town Council of the Town of Johnstown,
Town of Johnstown the unincorporated territory more particularly described below,
currently known as the Larson Property, and in support of said Petition, your petitioners
allege that:
(1) It is desirable and necessary that the following described territory be annexed to
the Town of Johnstown, Colorado:
See Exhibit A attached hereto and made a part hereof.
(2) Not less than one -sixth (1/6) of the perimeter of that area proposed to be annexed
is contiguous with the Town of Johnstown, Colorado.
A community of interest exists between the territory proposed to be annexed and
the Town of Johnstown, Colorado.
(4) The territory proposed to be annexed is urban or will be urbanized in the near
future;
The territory proposed to be annexed is integrated or is capable of being
integrated with the Town of Johnstown, Colorado;
(6) The signatures of the Petition comprise one hundred percent (100%) of the
landowners of the territory to be included in the area proposed to be annexed and
said landowners attesting to the facts and agreeing to the conditions herein
contained will negate the necessity of any annexation election;
(7) 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:
(a) 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;
Comprising twenty (20) acres or more and which, together with the
building and improvements situated thereon has an assessed value in
excess of Two Hundred Thousand Dollars ($200,000.00) for ad valorem
tax purposes to be annexed without the written consent of the landowner
or landowners.
(3)
(5)
(b)
-1-
(8)
(9)
No part of the area proposed to be annexed is more than three miles from a point
on the municipal boundary, as such was established more than one year before
this annexation will take place;
The area proposed to be annexed comprises more than ten acres and an impact
report as provided in Section 31-12-105.5, CRS, as amended, is required.
(10) The area proposed to be annexed is located within Weld County, School District
RE -5J, Northern Colorado Water Conservancy District, Little Thompson Water
District, Front Range Fire Protection District, Aims Junior College District, and
High Plains Library District, and no others;
(11) The mailing address of each signer, the legal description of the land owned by
each signer and the date of signing of each signature are all shown on this
Petition;
(12) Accompanying this Petition are five (5) prints of the area proposed to be
following information:
(a) A written legal description of the boundaries of the area proposed to be
annexed;
A map showing the boundary of the area proposed to be annexed, such
map prepared and containing the seal of a registered engineer or land
surveyor;
(c) Within the annexation boundary map there is shown the location of each
ownership tract in unplatted land, and if part or all of the area is to be
platted at the time of the effectiveness of the annexation (as opposed to
after such effectiveness), then the boundaries and the plat number of plots
or of lots and blocks are shown;
(d) Next to the boundary of the area proposed to be annexed is drawn the
contiguous boundary of the Town of Johnstown, and the contiguous
boundary of any other municipality abutting the area proposed to be
annexed;
(e) The dimensions of the contiguous boundaries are shown on the map.
(f) A proposed drainage plan and a proposed utilities plan.
(13) The territory to be annexed is not presently a part of any incorporated city, city
and county, or town;
(b)
-2-
(14) The undersigned agree to the following conditions, which shall be covear on theen covenants
running with the land, and which shall, at the option of the Town, app
annexation map:
(a) Water rights shall be provided as mutually agreed to by the Town and the
undersigned; The undersigned specifically agree that they have not sold or
transferred any water rights appurtenant to their property within the past
year nor will they do so during the pendency of this annexation petition
and once annexed to the Town of Johnstown, they will not sell or transfer
any water rights appurtenant to the subject property without the prior
written approval of the Johnstown Town Council.
The owners shall participate in providing drainage plan and improvements
and payment of a unit drainage fee as may be required by the Town the
area;
(c) The undersigned hereby waive any and all "vested rights" previously
created pursuant to Section 24-68-103, CRS, as amended.
(d) The undersigned and the Town may enter into an Annexation Agreement
prior to the effective date of this annexation, which agreement shall be
additional conditions as effectively as if set forth in this Petition.
(15) Petitioner represents that no part of the property to be annexed is included within
any site specific development plan approved by Town of Johnstown, Colorado.
(b)
(16) Submitted with this Petition is the required $ .00 for publication costs.
-3-
EXECUTED this 22nd day of November, 202.
Johnstown North Investments, LLC _
By:
Name: Larry S, uckendorf
Title: Authorized Agent
Name of Annexation: Larson Annexation
STATE OF COLORADO
)ss
COUNTY OF WELD
Subscribed and sworn to before me this 22nd day of November, 2023 by Larry S.
Buckendorf as Authorized Agent of Johnstown North Investments, LLC a
Colorado Limited Liability Company
WITNESS my hand and official seal.
My commission expires: tt So/2025-
CHRISTINA DENISE ZIEMER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214046604
MY COMMISSION EXPIRES 1113012025
Notary Public
-4-
AFFIDAVIT OF CIRCULATOR
The undersigned, being of lawful age, who being first duly sworn upon oath, deposes and
says:
That (he or she) was the circulator of the foregoing Petition for Annexation of
lands to the Town of Johnstown, Colorado, consisting of 7 pages, including this
page and that each signature thereon was witnessed by your affiant and is the true
signature of the person whose name it purports to be.
Circulator
STATE OF COLORADO )
)ss
COUNTY OF WELD
The foregoing Affidavit of Circulator was subscribed and sworn to before me this
22nd day of November, A.D., 2023, by Morgan Kidder.
Witness my hand and official seal.
My commission expires: t t t 3v' 20 ZS
1.
No Public
CHRISTINA DENISE ZIEMER
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20214046604
MY COMMISSION EXPIRES 1113012025
-5-
Exhibit A: PARCEL DESCRIPTION — Larson Property Annexation 2000 as
A parcel of land being Lot 13, Recorded Exemption No. 1059 -06 -2 -RE -2515 recorded January 28,
Reception No. 2746724 of the Records of Weld County, Lot B, Recorded Exemption No. 1059 -06 -2 -RE -
2616 recorded January 28, 2000 as Reception No. 2746722 of the Records of Weld County, and the
adjoining Weld County Road 15 Right of Way situate within the Northeast Quarter (NE1/4) of Section
Six (6) and the Northwest Quarter of Section Five (5), Township Four North (T.4N.), Range Sixty-seven
West (R.67W.) of the Sixth Principal Meridian (6t' P.M.), County of Weld, State of Colorado being more
particularly described as follows;
BEGINNING at the East Quarter Corner of said Section 6 and assuming the East line of the Northeast
Quarter of Section 6 as bearing North 00° 44' 06" West a distance of 2532.98 feet, and being monumented
on the South by a #6 Rebar with a 3.25" Aluminum Cap stamped LS 23520 and on the North by a 1" Pipe
with a 2.5" Aluminum Cap stamped LS 38065 with all other bearings contained herein relative thereto:
THENCE North 86° 38' 55" West along the Northerly line of Rolling Hills Ranch Annexation recorded
October 4, 1996 as Reception No. 2514298 of the Records of Weld County and along the South line of
the Northeast Quarter of said Section 6 a distance of 1359.33 feet to the Center -East Sixteenth Corner of
Section 6;
THENCE North 86° 38' 55" West continuing along said Northerly line of Rolling Hills Ranch
Annexation and along said South line of the Northeast Quarter of Section 6 a distance of 1359.33 feet to
the Center Quarter Corner of said Section 6;
THENCE North 02° 02' 39" West along the Westerly line of Lot B, Recorded Exemption No. 1059 -06 -2 -
RE -2616 a distance of 1519.18 feet to the Northwest Corner of said Lot B;
THENCE South 86° 38' 55" East along the Northerly line of Lot B a distance of 1377.18 feet to the
Northeast Corner of said Lot B, RE -2616 and to the Northwest Corner of Lot B, Recorded Exemption No.
1059 -06 -2 -RE -2515;
THENCE South 86° 38' 55" East along the North line of said Lot B, RE -2515 a distance of 1376.29 feet
to the East line of the Northeast Quarter of said Section 6 and to the Northeast Corner of said Lot B, RE -
2515;
THENCE North 89° 15' 54" East a distance of 30.00 feet to the Easterly Right of Way line of Weld
County Road 15;
The following Four (4) courses are along the Easterly Right of Way line of Weld County Road
15.
THENCE South 00° 44' 06" East a distance of 733.83 feet to the Northerly line of Paul Nelson Dairy
Farm Annexation recorded March 1, 2006 as Reception No. 3366628 of the Records of Weld County;
THENCE South 00° 44' 06" East a distance of 782.61 feet;
THENCE South 00° 13' 12" East a distance of 0.84 feet to the Southerly line of said Paul Nelson Dairy
Farm Annexation;
THENCE South 00° 13' 12" East a distance of 1.17 feet to the Northeast corner of said Rolling Hills
Ranch Annexation;
THENCE North 86° 38' 55" West along the Northerly line of said Rolling Hills Ranch Annexation a
distance of 30.06 feet to the POINT OF BEGINNING.
The above described tract of land contains 4,183,676 square feet or 96.04 acres, more or less (a).
LARSON PROPERTY ANNEXATION
NORTH
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LARSON PROPERTY ANNEXATION
TO THE TOWN OF JOHNSTOWN
LOT 8, RECORDED EXEMPTION NO. 059 -JO RE -2515, LOT 8, RECORDED EXEMPTION NO. 1059 -06 -2 -RE -2616 AND
A PORTION OF ADJOINING WELD COUNTY ROAD 15 RIGHT OF WAY
LOCATED IN THE NORTHEAST QUARTER OF SECTION 6 AND THE NORTHWEST QUARTER OF SECTION 5
TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO
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LARSON PROPERTY ANNEXATION
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LOT B, RECORDED EXEMPTION NO. 1059-06-2 RE -2515, LOT B, RECORDED EXEMPTION NO. 1059 -06 -2 -RE -2616 AND
A PORTION OF ADJOINING WELD COUNTY ROAD 15 RIGHT OF WAY
LOCATED IN THE NORTHEAST QUARTER OF SECTION 6 AND THE NORTHWEST QUARTER OF SECTION 5
TOWNSHIP 4 NORTH, RANGE 67 WEST OF THE 6TH P. M., COUNTY OF WELD, STATE OF COLORADO
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LARSON PROPERTY ANNEXATION
■M NORTHERN
October 20, 2022
Town of Johnstown
450 S. Parish Avenue
Johnstown, Colorado 80534
RE: LARSON PROPERTY DEVELOPMENT - ANNEXATION IMPACT REPORT
Dear Town Staff,
The developer, is requesting annexation into the Town of Johnstown, proposing a new residential development
currently being referred to as Larson Property. The development will be located directly west of and adjacent to
Weld County Road 15 (N. Telep Avenue), and north of Rolling Hills Subdivision. The project includes
approximately 96.04 acres and consists of residential and open space/parks usage.
This report analyzes the proposed development's impact with respect to the Town of Johnstown's (and Weld
County's) services.
Please do not hesitate to contact me with any questions or concerns.
Sincerely,
NORTHERN ENGINEERING SERVICES, INC.
Robbie Lauer
Project Manager
Reference Maps:
• Annexation Map
• Conceptual Road, Trails, and Fence Plan
• Conceptual Utility Plan
• Annexation Zoning Map
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ENGINEERING
Annexation Impact Report
for
Larson Property Development
Johnstown, Colorado
October 20, 2022
96.04 acres
Project Location
The Larson Property Development contains approximately 93.95 acres and is within Weld County,
Colorado. The property's borders include:
• South: Rotting Hilts Subdivision
• West: Private, undeveloped land
• East: Weld County Road (WCR) 15 (North Telep Avenue)
• North: Private, undeveloped land
The area to be developed lies within the Town of Johnstown Low -Density Intensity zone as designated
by the 2021 Johnstown Area Comprehensive Plan. See map below indicating location and vicinity.
Proposed
Development
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Proposed Land Uses
The Larson Property is a single family detached residential that will enhance the existing small-town
community feel within the Town of Johnstown while providing easy, convenient access to cities and
towns across Northern Colorado. Larson Property will incorporate eye-catching architecture to deliver
a resident -oriented community complete with open spaces, walkways, and a central park. The Larson
Property will be a similar density as the Rolling Hills Subdivision to the south. The Larson Property
will provide easy access to Thompson Parks Baseball Field. The community will be designed to bean
asset to the Town of Johnstown and will attract residents who value what the Town has to offer.
Annexation Agreement
Per Colorado Revised Statutes 2013 134 Title 134, an agreement will be drafted between the property
owner and municipality outlining the responsibilities of each party.
Municipal Services
The area to be annexed as described by the attached legal description will receive the following
municipal services from the stated responsible agencies:
Water: Johnstown Water Service Area. Potable water will be provided to the development by
the Town of Johnstown. The water system will be designed according to standard practices
including a loop system that will tie into existing mainlines.
Sewer: Johnstown Sanitation Service Area. The internal system will be designed to respond to
topography to drain effluent to a low point in thesubdivision. The sanitary sewer system will
be connected to Johnstown's existing system and designed according to standard practices.
Police: Town of Johnstown Police. The residential neighborhood will not require any special
security measures and can be easily patrolled as part of the current duties of the Johnstown
Police Department.
Fire & Emergency Services: Front Range Fire Rescue. Neighborhood access and street design
will conform to Town standards. All construction and fire prevention will adhere to building
code.
Schools: Weld County RE -5J School District. Schools serving this site are listed below along
with anticipated studentgeneration.
Library District: High Plains Library District. No adverse impacts anticipated at thistime.
Electric/Communication Service: The developer will work with serviceproviders to establish
the most efficient manner for extending service to thecommunity.
Recreation District: Thompson Rivers Parks and Recreation District. No adverse impacts
anticipated at this time.
Annexation Statements
1. A statement setting forth the plans of the municipality for extending to or otherwise
providing for, within the area to be annexed, municipal services performed by or on
behalf of the municipality at the time of annexation.
The Town of Johnstown has adopted the Johnstown Area Comprehensive Plan (November
2021) and the Transportation Master Plan (February2008) which includes framework for land
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use, transportation and public infrastructure planning; e.g. sanitary sewer mains and
treatment facilities, stormwater facilities, as well as road maintenance, police protection,
parks and recreation and library services to the proposed annexation area. The annexation
area is within the Johnstown Growth Management Area and is identified as an area of Low
Density/Intensity within the Johnstown Area Comprehensive Plan.
2. A statement setting forth the method under which the municipality plans to finance the
extension of the municipal services into the area to be annexed.
A Metropolitan District will be established as the authority to finance all public improvements
within and adjacent to the property. The district will convey public infrastructure to the Town
and will establish the means for ongoing maintenance. The district will also provide the
administration and control services for the community such as establishing and enforcing the
architectural standards and lot landscaping requirements. The details of the district's
organization, obligations and financial structure will be provided in a formal Service Plan
conforming to all legal standards.
3. A statement identifying existing tax districts within the areas to be annexed.
According to the Weld County GIS Property Portal, the following tax districts are within the
area to be annexed:
AIMS Junior College
Front Rage Fire Rescue Fire Protection District
• High Plains Library
• Larimer Conservation District
• Little Thompson Water District
• Northern Colorado Water Conservation District
• Weld County RE -5J School District
• Weld County
4. A statement on the effect of annexation upon local public school district systems,
including the estimated number of students generated and the capital construction
required to educate such students.
The Larson property is within the Weld County RE -5J School District. Students that will reside
within the Larson Subdivision neighborhood will be currently served by the following schools:
Letford Elementary School
2 Jay Avenue, Johnstown, Colorado
Milliken Middle School
266 S. Irene Avenue, Milliken, Colorado
Roosevelt High School
616 N. 2nd Street, Johnstown, Colorado
The table below uses the district's formulas for student generation by new housing. Due to
growth, Weld County RE -5J School District is replacing Letford Elementary School at the
intersection of Colorado Highway 60 and Colorado Boulevard. Students from Larson Property
fall within the updated service area for the new elementary school. The developer will work
with the Town and District regarding appropriate mitigation measures.
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