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Home My WebLink About20183763.tiffANNEXATION IMPACT REPORT Project: MEADOW RIDGE HOLDINGS, LLC 4424 County Road 43 Hudson, CO 80642 Prepared by: Town of Hudson 50 South Beech Street P.O. Box Hudson, CO 80642-0351 Date: December 27, 2018 RECEIVED JAN 0 2 2019 WELD COUNTY COMMISSIONERS c,C; SCRs>,PLC -M, mottos LM (MW/MM/TPI,PWO..IcwIEPI tf2/iq tote-. 37(o3 Annexation Impact Report Meadow Ridge Holdings, LLC. Town of Hudson ANNEXATION IMPACT REPORT Meadow Ridge Holdings, LLC Introduction The Town of Hudson has received a petition for the annexation of 37.450 ± acres of land owned by Meadow Ridge Holdings, LLC. The proposed annexation area is surrounded mostly by unincorporated Weld County but is eligible for annexation because one -sixth of the perimeter of the area proposed to be annexed is contiguous with the Town of Hudson. The location of the annexation in relationship to the Town is shown in Figure 1: Location of Annexation. In accordance with CO Rev Stat § 31-12-108.5 (2016), the Town of Hudson must prepare an impact report concerning the proposed annexation. This report fulfills that requirement and is organized around the information required by Statute. A. Conditions Surrounding the Area to be Annexed The subject parcel to be annexed is contiguous to the Town of Hudson municipal boundaries on the west side of Interstate 76 Frontage Road. Figure 2: Town Limits and Utilities shows the location of the subject property in relation to the current municipal boundaries, developed streets and rights -of -way in the community, various features in the area and the town's water and sewer system. Existing land uses in the vicinity of the subject site are shown in Figure 3: Existing Land Use in the Vicinity of the Proposed Annexation. The subject property is currently the site of an agricultural operation that includes irrigated and grazing land. The subject parcel has two agricultural structures located on -site. The property is surrounded by agriculturally zoned land in unincorporated Weld County to the north, south, and west. Interstate 76 and the Town of Hudson jurisdictional boundaries lie to the east. The current use of the subject site is agricultural, and the Applicant has requested an initial zoning of Industrial 2 (I-2) and would like to subdivide the property in to eight (8) separate and distinct lots. However, due to the lack of existing infrastructure and incompatibility with the Town's 2035 Comprehensive Plan, the Town has recommended that the subject parcel be zoned to Commercial 2 (C- 2). The relationship of the site to the 2035 Comprehensive Plan for the town is shown in Figure 4: Comprehensive Plan Map in the Vicinity of the Proposed Annexation. The site has been used for agricultural purposes. The subject parcel has dual Future Land Use designations of Agriculture and Corridor Non -Residential. Per the 2035 Comprehensive Plan, areas designated for Corridor Uses are located along interstate highway and/or major highways. These areas offer access and visibility and would include a mix of uses including retail, office, higher density residential developments and commercial accommodations. This land use category may also include specialized land uses such as public facilities, senior citizen facilities and recreation and it is desirable that compatible uses are within walking distance of each other. The second land use, Agricultural, are uses that are suggested for areas on the perimeter of the community. At this time, the ability to serve these areas with utilities and other infrastructure is difficult and cost prohibitive. Industrial uses are not contemplated in either the Agriculture and Corridor Non -Residential Future Land Use designations. B. Annexation Agreement A copy of the Draft Annexation Agreement between the property owner and the Town of Hudson is on file with the Town and available upon request. The agreement addresses zoning and land use, access, and other public improvements. Page 2 of 7 December 2018 Annexation Impact Report Meadow Ridge Holdings, LLC. Town of Hudson C. Municipal Services Municipal water and sanitary sewer services are not currently available to the subject property. To the extent water and sewer lines are to be constructed to connect to municipal service, the construction of such lines shall be the obligation and at the sole expense of the Applicant, and the construction and extension of any necessary lines and associated infrastructure shall be constructed in accordance with Town standards and specifications. Until such time as municipal sewer is extended to the Property, Property Owner may use on -site septic and water well systems, provided such systems follows applicable Weld County regulations. Municipal emergency services shall be provided by the Town of Hudson Marshall's Office. D. Extension of Municipal Services The Town and Applicant acknowledge that municipal water and sanitary sewer services are not available to the Property currently. The Town shall not require that the property be connected to municipal water or sanitary sewer until such time as these services are available within four hundred (400) feet of the Property. To the extent water and sewer lines are to be constructed to connect to municipal service, the construction of such lines shall be the obligation and at the sole expense of the Property Owner, and the construction and extension of any necessary lines and associated infrastructure shall be constructed in accordance with Town standards and specifications. E. Existing Districts The following tax authorities currently serve the area to be annexed: Aims Community College Central Colorado Water Conservancy District Central Colorado Water Subdistrict High Plains Library District Hudson Fire Protection District Weld RE -3J School District Southeast Weld Conservation District Weld County F. School District Impact The property is within the boundaries of the Weld RE -3J School District. No school age children will be generated by the proposed use or annexation of the project and the existing use will continue to produce tax revenues to the RE -3J school district. Page 3 of 7 December2018 Annexation Impact Report Meadow Ridge Holdings, LLC. Town of Hudson Figure 1: Location of Annexation "PPM D COUNTY akir, INF MAr INCG •'m'' 9 9 93t 33 V39 Feet *65;9 & et Idercator_Aavr ary $.'e ' .+trio Count/ Coltraoo :..a- -'rte c =•.c.r re - r -ant -^.ab. >y a a -c . +_- ',twcr :r4 Zara iar r n actor r nic oitac -fib y ntas "'Cr. .Ze acz.rn curvet 5r Mira:* ID,30)0 Teas SAMI5 NOT 10 E USED FOR NAVIGATON fo.� CaG�r� 8 I lr O Deni ref Legend Highway Road 0 County Boundary Notes Page 4 of 7 December 2018 • a Annexation Impact Report Meadow Ridge Holdings, LLC. Town of Hudson Figure 2: Town Limits and Utilities • 1 1 4. • 1 1 II 1 1 I I 1• I. . • I. • SI •, • I. t 1 ♦•'♦ I• 1 1 1 • • 1 1 t 4 It ♦ • • '\ I I IL •• % t• ♦ • I • I 1 I. ' I. • ♦ % ♦ • • 1 I .2`• • 1• •, 1 • ♦ l \ t JJ_ ••,I I ♦ '1%• JJ III I 1 II is • J J 1 • , r • r. 1 ' r 1 , 1 1 • I 1 J- I a • •.t Jr f r J I 1 a so • tl I + . a I • •_ I I■•Il• ! • t0.r •I • - •,�11 •_ , II I. 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' 1 'r _`�I rJr♦rJIrlei: I. 111 r J Irr r -- — ♦, I r• I• +11 1 1 r r ' r• ;e 1 II' I 1 r I • 1II II 1 I I '` r• as. 4 1•I I r a 1.•, • 1 r• -,..- N., • •I♦•, •1 II. ill , .•• _. -- •••. _�.r--ter,•• —.5 r r _ ' _ _ 1 f I 1• •' 1' , S r + I I 1 • + 1 f , I J sat s • • ft • a a • a ■ • • 'I 1 •1 • I I - 1 1 11 I• • 1 ' I I1 1 1 1 I � I : 4.1 Csit. Lilt, • 2•'J� t i I 11• i I . 1 1• d I I II . t ,1 1� 1 ' ■ • ••oa000f000000 llaaalA*I•ato • .ait tease 1-2 `• • • • 1 I I 1 II 1 rI r r I i 1. 1 1 I I • • r'�1`• • 7 1 e it II /1 11 • 1♦ Mb • • -• • •S. Page 5 of 7 December 2018 Annexation Impact Report Meadow Ridge Holdings, LLC. Town of Hudson Figure 3: Existing Land Use in the Vicinity of the Proposed Annexation. :. • . t _ ", 4 County /Doing WIRMIONSIMMere- si.lemunajoamarjhosariatra # SCatoss *at • • S not MI Mad MOS v req. AINMO. an die +Se 40% a.► ease ens as +.a a .or le eise wa V asaawr■a lira a•aW 11040....•ar I U S i _ us p!b a `draw • .+..r.. so 1▪ 0-* grogies6a. a saniseis ✓ GalaC...i. s a cda tan a tie itall bbi a ass v Si sides r raises a sisArrs ra11 a star ap.niplb..i..► a t+.segessdie.r Page 6 of 7 December 2018 Annexation Impact Report Meadow Ridge Holdings, LLC. Town of Hudson Figure 4: Comprehensive Plan Map in the Vicinity of the Proposed Annexation. Page 7 of 7 December 2018 TOWN OF HUDSON 50 S. Beech St, P.O. Box 351, Hudson, CO 80642 Phone: (303)536-9311 Fax: (303)536-4753 www.hudsoncolorado.org December 14, 2018 Chloe A. Rempel, Deputy Clerk to the Board Weld County 1150 O Street Greeley, CO 80631 Ms. Rempel, RECEIVED DEC 1 8 2048 WELD COUNTY COMMISSIONERS Per C.R.S. § 31-12-108 (2), notice is hereby given that a petition for an annexation, hereinafter described, has been presented to the Town Council for the Town of Hudson, Colorado and found to be in substantial compliance with the applicable provisions of the Colorado State Revised Statutes (C.R.S.), the Town's Home Rule Charter and resolutions, rules, regulations, and ordinances of the Town of Hudson. The Town Council adopted a Resolution setting a public hearing to be held at 6:00 p.m. on the 16th day of January, 2019 at 50 Beech Street, in Hudson, Colorado for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of C.R.S., whether all applicable Town requirements have been satisfactorily met, and whether or not additional terms and conditions are to be imposed. At the hearing, any person may appear and present such evidence that he or she may desire to present. Please find attached: 1) Resolution 18-35 and Resolution 18-36 2) Applicant's Petitions 3) Notice of Public Hearings If you have any questions or comments regarding the notice above, please do not hesitate to contact me. Best egards, SA RE BRENNAN, Town Planner Town of Hudson — Planning Department 50 S. Beech St Hudson, CO 80642 Office: 303.536.9311 R.113\ic.. ReAe.u) 12/26 118 CC: SD(PS\ PL(TP� CM (MW IMM /'CP) PMiCER/cH I EP> t2/19/18 2O2r31Co3 RESOLUTION NO. 18-35 TITLE: A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISHING WEDNESDAY, JANUARY 16TH , 2019 AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEXATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF WELD (MEADOW RIDGE HOLDINGS, LLC) WHEREAS, Meadow Ridge Holdings, LLC ("Meadow Ridge"), the owner of unincorporated territory, comprising more than fifty percent (50%) of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has 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 and establish a date, time and place that the Town Council will hold a public hearing to consider the annexation and the various requirements of Title 31, Article 12, C.R.S.; WHEREAS the Town Council, at its regular meeting on Wednesday, October 17, 2018, reviewed the Petition and various documents submitted in support of the Petition; WHEREAS, the Town Council has examined the record in this case and the various exhibits; has considered the request, the Comprehensive Plan, and the recommendations of the staff; and based upon the record which has been made concerning the request, has arrived at its decision; and WHEREAS, it has been found and determined that the applicant has complied with all of the procedural requirements as provided in Title 31, Article 12, C.R.S., in connection with the Petition. NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO, AS FOLLOWS: Section 1. That the Petition is hereby accepted and found to be in substantial compliance with the requirements of Title 31, Article 12, C.R.S. Section 2. That a public hearing to consider the Petition is scheduled for Wednesday, January 16TH , 2019, at 6:00 p.m., at the Town of Hudson Town Hall, which is located at 50 Beech Street, Hudson, Colorado, 80642, to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal 1 Resolution 18-22 Rocky Mountain Energy Center Annexation Annexation Act of 1965, 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 municipality to which the area is proposed to be annexed, 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 5th day of December, 2018. ATTEST: TOWN OF HUDSON, COLORADO Dwayne Dynes, Mayor 2 Resolution 18-22 Rocky Mountain Energy Center Annexation Exhibit A Property Description MEADOW RIDGE HOLDINGS, LLC ANNEXATION LEGAL DESCRIPTION OF AREA TO BE ANNEXED: A PARCEL OF LAND BEING A PART OF LOT B, RECORDED EXEMPTION NO. 1473-10-3 RE1345, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD. STATE OF COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR SOUTH 89°44'50" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE SOUTH 89°44'50" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 994.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°44'50" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 781.88 FEET; THENCE SOUTH 03°25'47" WEST A DISTANCE OF 181.75 FEET; THENCE SOUTH 87°30'33" EAST A DISTANCE OF 343.35 FEET TO A POINT ON THE WESTERLY LINE OF INTERSTATE 76, SAID POINT ALSO LYING ON THE WESTERLY ANNEXATION BOUNDARY OF THE SOUTH 1-76 ANNEXATION TO THE TOWN OF HUDSON; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, SAID ARC LYING ALONG SAID WESTERLY ANNEXATION BOUNDARY OF THE SOUTH 1-76 ANNEXATION TO THE TOWN OF HUDSON, HAVING A CENTRAL ANGLE OF 11°06'41", A RADIUS OF 2,714.80 FEET, AN ARC LENGTH OF 526.48 FEET, A CHORD BEARING SOUTH 30°26'49" WEST 525.66 FEET; THENCE SOUTH 36°00'10" WEST. ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID SECTION 10 SAID LINE ALSO LYING ALONG THE WESTERLY ANNEXATION BOUNDARY OF THE SOUTH 1-76 ANNEXATION TO THE TOWN OF HUDSON, A DISTANCE OF 274.90 FEET; THENCE NORTH 89°45'07" WEST A DISTANCE OF 821.57 FEET; THENCE NORTH 08°50'06" EAST A DISTANCE OF 882.27 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 19.14 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 3 Resolution 18-22 Rocky Mountain Energy Center Annexation PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO RE: PROPERTY KNOWN AS THE MEADOW RIDGE HOLDINGS PARCEL The undersigned owners of more than fifty percent (50%) of property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit "A", attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for annexation of the property described in Exhibit "A" (the "Property"), in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. In support of this petition, petitioners further state: 1. That 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. 3. Not less than one -sixth (1/6) of the perimeter of the Property is/will be contiguous with the existing boundaries of the Town of Hudson, Colorado. 4. A community of interest exists between the Property and the Town of Hudson, Colorado. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated or is capable of being integrated with the Town of Hudson, Colorado. 7. 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 has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road, or other public way. 8. No land held in identical ownership 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 preceding tax year has been included in boundary of the Property without the written consent of the landowner or landowners. 9. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the territory proposed to be annexed. 10. 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. 11. Upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject of all ordinances, resolutions, rules and regulations of the Town of Hudson. 12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners of such area, and are, in fact owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 13. 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 area proposed to be annexed; b. A map showing the boundary of the Property and the boundaryof the Property continuous with the Town of Hudson and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Hudson. 14. No part of the area proposed to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. 15. The area proposed to be annexed is located within Weld County, Weld 2 County School District Re 3 (J), Hudson Fire Protection District, and the following districts: Weld Library; Aims College; Central Colorado Water, Lost Creek Ground Water and Central Colorado Water Conservation. 16. 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. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 18. Petitioners understand 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. 19. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit "A" into the Northern Colorado Water Conservancy District ("District") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the District, landowner's 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 at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the District can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. 20. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit "A" into the Municipal Subdistrict , Northern Colorado Water Conservancy District ("Subdistrict") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the Subdistrict, landowner's propertywill 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 at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authorityto impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, '20 of the Colorado Constitution. 21. No vested rights to use or to develop the Property in any articular way, as defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from 3 any governmental entity. Petitioners waive any vested land use rights attached to any or all of the Property. 22. The petitioners acknowledge that upon annexation of the Property to the Town, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. Provided however, petitioner Colorado Department of Transportation shall not be subject to taxes or fees levied by the Town from which they are exempt by Colorado law. The Property, the owners hereof and the uses thereon are also bound by any voter authorization under Art. X, ' 20 adopted prior to annexation of the Property. The petitioners waive any claims they may have under Art. X, ' 20 of the Colorado Constitution related to such taxes and fees. Therefore, your petitioners respectfully request that the Board of Trustees of the Town of Hudson, Colorado, approve the annexation of the Property. Respectfully submitted this .-)( day of August, 2018. LANDOWNER: MEADOW RIDGE HOLDINGS, LLC a Colorado limited liability company By: Barp L. Fehr, Manager 4 EXHIBIT A Lot B of Recorded Exemption RE -1345, being part of the SW 14 of Section 10, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 5 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 PetitionforAnnexation of lands to the Town of Hudson, Colorado, consisting of five (5) 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. STATE OF COLORADO COUNTY OF ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of , 199_, by Circulator ) ss. My Commission expires: [S EA L] Notary Public 6 PETITION: Signature of Landowner Date of Signature Mailing Address of Legal Description of of Landowner Land Owned EXHIBIT "A" Legal Description: LOT B of Recorded Exemption RE -1345, being part of the SW 1/4 of Section 10, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 7 RESOLUTION NO. 18-36 TITLE: A RESOLUTION ACCEPTING THE PETITION FOR ANNEXATION AND ESTABLISHING WEDNESDAY, JANUARY 16TH , 2019 AS THE DATE OF PUBLIC HEARING ON THE REQUESTED ANNEXATION OF A PARCEL OF UNINCORPORATED TERRITORY LOCATED IN THE COUNTY OF WELD (MEADOW RIDGE HOLDINGS, LLC) WHEREAS, Meadow Ridge Holdings, LLC ("Meadow Ridge"), the owner of unincorporated territory, comprising more than fifty percent (50%) of the area proposed for annexation pursuant to C.R.S. § 31-12-107, has 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 and establish a date, time and place that the Town Council will hold a public hearing to consider the annexation and the various requirements of Title 31, Article 12, C.R.S.; WHEREAS the Town Council, at its regular meeting on Wednesday, October 17, 2018, reviewed the Petition and various documents submitted in support of the Petition; WHEREAS, the Town Council has examined the record in this case and the various exhibits; has considered the request, the Comprehensive Plan, and the recommendations of the staff; and based upon the record which has been made concerning the request, has arrived at its decision; and WHEREAS, it has been found and determined that the applicant has complied with all of the procedural requirements as provided in Title 31, Article 12, C.R.S., in connection with the Petition. NOW THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF HUDSON, COLORADO, AS FOLLOWS: Section 1. That the Petition is hereby accepted and found to be in substantial compliance with the requirements of Title 31, Article 12, C.R.S. Section 2. That a public hearing to consider the Petition is scheduled for Wednesday, January 16th, 2019, at 6:00 p.m., at the Town of Hudson Town Hall, which is located at 50 Beech Street, Hudson, Colorado, 80642, to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal 1 Resolution 18-22 Rocky Mountain Energy Center Annexation Annexation Act of 1965, 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 municipality to which the area is proposed to be annexed, 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, . AD and PASSED this 5th day of December, 2018. TOWN OF HUDSON, COLORADO DA3yne Haes, Mayor 2 Resolution 18-22 Rocky Mountain Energy Center Annexation Exhibit A Property Description MEADOW RIDGE HOLDINGS, LLC ANNEXATION LEGAL DESCRIPTION OF AREA TO BE ANNEXED: A PARCEL OF LAND BEING A PART OF LOT B, RECORDED EXEMPTION NO. 1473-10-3 RE1345, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M. AND A PART OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR SOUTH 89°44'50" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE SOUTH 89°44'50" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, SAID LINE ALSO BEING THE NORTH LINE OF SAID LOT B, A DISTANCE OF 994.88 FEET; THENCE SOUTH 08°50'06" WEST A DISTANCE OF 882.27 FEET TO POINT ON THE SOUTH LINE OF SAID LOT B; THENCE NORTH 89°45'07" WEST A DISTANCE OF 867.47 FEET ALONG THE SOUTH LINE OF SAID LOT B, TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE CONTINUING ALONG AN EXTENSION OF THE SOUTH LINE OF SAID LOT B, NORTH 89°45'07" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 43: THENCE NORTH 00°31'55" EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 43, A DISTANCE OF 872.48 FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY AND AN EXTENTION OF THE NORTH LINE OF SAID LOT B. THENCE SOUTH 89°44'50" EAST ALONG SAID EXTENTION OF THE NORTH LINE OF SAID LOT B. A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 19.25 ACRES. MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. 3 Resolution 18-22 Rocky Mountain Energy Center Annexation PETITION FOR ANNEXATION TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO RE: PROPERTY KNOWN AS THE MEADOW RIDGE HOLDINGS PARCEL The undersigned owners of more than fifty percent (50%) of property proposed to be annexed, exclusive of streets and alleys, which property is described in Exhibit "A", attached hereto and made a part of, hereby petition the Town of Hudson, Colorado for annexation of the property described in Exhibit "A" (the "Property'), in accordance with the provisions of Title 31, Article 12, Part 1, C.R.S. In support of this petition, petitioners further state: 1. That 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. 3. Not less than one -sixth (1/6) of the perimeter of the Property is/will be contiguous with the existing boundaries of the Town of Hudson, Colorado. 4. A community of interest exists between the Property and the Town of Hudson, Colorado. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated or is capable of being integrated with the Town of Hudson, Colorado. 7. 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 has been divided into separate parts or parcels without the written consent of the landowner unless separated by a dedicated street, road, or other public way. 8. No land held in identical ownership 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 preceding tax year has been included in boundary of the Property without the written consent of the landowner or landowners. 9. No annexation proceedings have been commenced for the annexation to another municipality of part or all of the territory proposed to be annexed. 10. 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. 11. Upon the effective date of the Annexation Ordinance, all lands within the Property shall become subject of all ordinances, resolutions, rules and regulations of the Town of Hudson. 12. Petitioners are owners of more than fifty percent (50%) of the territory included in the area proposed to be annexed, exclusive of streets and alleys, and comprise more than fifty percent (50%) of the landowners of such area, and are, in fact owners of one hundred percent (100%) of the area proposed to be annexed, exclusive of streets and alleys and said owners attesting to the facts and agreeing to the conditions herein will negate the necessity of an annexation election. 13. 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 area proposed to be annexed; b. A map showing the boundary of the Property and the boundaryof the Property continuous with the Town of Hudson and any other municipality abutting the Property; c. The location of each ownership tract of unplatted land, and, with respect to any area which is platted, the boundaries and the plat numbers of plots or lots and blocks; d. The total acreage, more or less, of the Property; e. The total length of the perimeter of the boundary of the Property and the length of the boundary of the Property contiguous with the Town of Hudson. 14. No part of the area proposed to be annexed is more than three (3) miles from a point on the municipal boundary, as such was established more than one year before this annexation will take place. 15. The area proposed to be annexed is located within Weld County, Weld 2 County School District Re 3 (J), Hudson Fire Protection District, and the following districts: Weld Library; Aims College; Central Colorado Water, Lost Creek Ground Water and Central Colorado Water Conservation. 16. 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. 17. The territory to be annexed is not presently a part of any incorporated city, city and county, or town. 18. Petitioners understand 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. 19. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit "A" into the Northern Colorado Water Conservancy District ("District") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the District, landowner's 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 at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the District can impose such mill levies and special assessments as it has the authority to impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. 20. As an express condition of annexation, landowner consents to inclusion of the area described in Exhibit "A" into the Municipal Subdistrict , Northern Colorado Water Conservancy District ("Subdistrict") pursuant to Section 37-45-136 (3.6), C.R.S. Landowner acknowledges that, upon inclusion in the Subdistrict, landowner's propertywill 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 at the time of inclusion of landowner's lands. Landowner agrees to waive any right to an election which may exist to require an election pursuant to article X, ' 20 of the Colorado Constitution before the Subdistrict can impose such mill levies and special assessments as it has the authorityto impose. Landowner also agrees to waive, upon inclusion, any right which may exist to a refund pursuant to article X, ' 20 of the Colorado Constitution. 21. No vested rights to use or to develop the Property in any articular way, as defined in Section 24-68-101 et seq., C.R.S. have been requested by Petitioners from 3 any governmental entity. Petitioners waive any vested land use rights attached to any or all of the Property. 22. The petitioners acknowledge that upon annexation of the Property to the Town, the Property, the owners thereof, and uses thereon will be subject to all taxes and fees imposed by the Town. Provided however, petitioner Colorado Department of Transportation shall not be subject to taxes or fees levied by the Town from which they are exempt by Colorado law. The Property, the owners hereof and the uses thereon are also bound by any voter authorization under Art. X, ' 20 adopted prior to annexation of the Property. The petitioners waive any claims they may have under Art. X, ' 20 of the Colorado Constitution related to such taxes and fees. Therefore, your petitioners respectfully request that the Board of Trustees of the Town of Hudson, Colorado, approve the annexation of the Property. Respectfully submitted this day of August, 2018. LANDOWNER: MEADOW RIDGE HOLDINGS, LLC a Colorado limited liability company By: BaL. Fehr, Manager 4 EXHIBIT A Lot B of Recorded Exemption RE -1345, being part of the SW 1/4 of Section 10, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 5 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 Hudson, Colorado, consisting of five (5) 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 ) The foregoing Affidavit of Circulator was subscribed and sworn to before me this day of , 199_, by My Commission expires: [S E A L] Notary Public 6 PETITION: Signature of Landowner Date of Signature Mailing Address of Legal Description of of Landowner Land Owned EXHIBIT "A" Legal Description: LOT B of Recorded Exemption RE -1345, being part of the SW 1/4 of Section 10, Township 1 North, Range 65 West of the 6th P.M., County of Weld, State of Colorado 7 NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Hudson Planning Commission and the Hudson Town Council shall hold public hearings concerning the Annexation and Zoning of one (1) parcel of land (Parcel # 147310000015) adjacent to Interstate 76 Frontage Road and County Road 43, pursuant to the Town of Hudson Municipal Code. The public hearings are to be held before the Hudson Planning Commission on December 12, 2018 at 6:00 pm, and before the Hudson Town Council on January 16, 2018 at 6:00 p.m. or as soon as possible thereafter. The public hearings shall be held at the Hudson Town Hall, 50 S. Beech Street, Hudson, Colorado, or at such other time or place in the event this hearing is adjourned. A copy of the petition as filed and case information is available through the Town Clerk's office at (303) 536-9311. ALL INTERESTED PERSONS MAY ATTEND EXHIBIT A: LEGAL DESCRIPTION LEGAL DESCRIPTION OF AREA TO BE ANNEXED: A PARCEL OF LAND BEING A PART OF LOT B, RECORDED EXEMPTION NO. 1473-10-3 RE1345, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR SOUTH 89°44'5(Y EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE SOUTH 89°44'50" EAST, ALONG THE NORTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 994.88 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°44'50" EAST, ALONG THE NORTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, A DISTANCE OF 781.88 FEET; THENCE SOUTH 03°25'4T WEST A DISTANCE OF 181.75 FEET; THENCE SOUTH 87°30"33" EAST A DISTANCE OF 343.35 FEET TO A POINT ON THE WESTERLY LINE OF INTERSTATE 76; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANUE OF 11°06'41", A RADIUS OF 2,714.80 FEET, AN ARC LENGTH OF 526.48 FEET, A CHORD BEARING SOUTH 30°26'49" WEST 525.66 FEET; THENCE SOUTH 36°00°10" WEST, ALONG THE WESTERLY RIGHT OF WAY UNE OF SAID SECTION 10, A DISTANCE OF 274.90 FEET; THENCE NORTH 89°45'07" WEST A DISTANCE OF 821.57 FEET; THENCE NORTH 08°50'06" EAST A DISTANCE OF 882.27 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 19.14 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. NOTICE OF PUBLIC HEARINGS Notice is hereby given that the Hudson Planning Commission and the Hudson Town Council shall hold public hearings concerning the Annexation and Zoning of one (1) parcel of land (Parcel # 147310000015) adjacent to Interstate 76 Frontage Road and County Road 43, pursuant to the Town of Hudson Municipal Code. The public hearings are to be held before the Hudson Planning Commission on December 12, 2018 at 6:00 pm, and before the Hudson Town Council on January 16, 2018 at 6:00 p.m. or as soon as possible thereafter. The public hearings shall be held at the Hudson Town Hall, 50 S. Beech Street, Hudson, Colorado, or at such other time or place in the event this hearing is adjourned. A copy of the petition as filed and case information is available through the Town Clerk's office at (303) 536-9311. ALL INTERESTED PERSONS MAY ATTEND EXHIBIT A: LEGAL DESCRIPTION LEGAL DESCRIPTION OF AREA TO BE ANNEXED: A PARCEL OF LAND BEING A PART OF LOT B, RECORDED EXEMPTION NO. 1473-10-3 RE1345, BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M. AND A PART OF SECTION 9, TOWNSHIP 1 NORTH, RANGE 65 WEST OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 10, AND CONSIDERING THE NORTH UNE OF THE SOUTHWEST QUARTER OF SAID SECTION 10 TO BEAR SOUTH 89°44'50" EAST WITH ALL BEARINGS RELATIVE THERETO; THENCE SOUTH 8944'50" EAST, ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10, SAID LINE ALSO BEING THE NORTH LINE OF SAID LOT B, A DISTANCE OF 994.88 FEET; THENCE SOUTH 08°50'06" WEST A DISTANCE OF 882.27 FEET TO POINT ON THE SOUTH UNE OF SAID LOT B; THENCE NORTH 89°45'07" WEST A DISTANCE OF 867.47 FEET ALONG THE SOUTH LINE OF SAID LOT B, TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE CONTINUING ALONG AN EXTENSION OF THE SOUTH LINE OF SAID LOT B, NORTH 89°45'07" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF WELD COUNTY ROAD 43; THENCE NORTH 00°31'55" EAST ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID WELD COUNTY ROAD 43, A DISTANCE OF 872.48 FEET TO A POINT OF INTERSECTION OF SAID RIGHT-OF-WAY AND AN EXTENTION OF THE NORTH LINE OF SAID LOT B. THENCE SOUTH 89°44'50" EAST ALONG SAID EXTENTION OF THE NORTH LINE OF SAID LOT B, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. THE PARCEL OF LAND DESCRIBED ABOVE CONTAINS 19.25 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RIGHTS -OF -WAY OF RECORD. Hello