HomeMy WebLinkAbout20183070.tiffChloe Rempel
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Attachments:
Karla Ford
Tuesday, October 16, 2O18 9:3O AM
Chloe Rempel
FW: Town of Hudson - Annexation Impact Report for Parcel #: 13O5314OOO3O PUBLIC
SERVICE COMPANY COLORADO
Xcel_Impact Report_O2172O18.pdf
Importance: High
Karla Ford x
Office Manager, Board of Weld County Commissioners
1150 O Street, P.O. Box 758, Greeley. Colorado 80632
:: 970.336-7204 :: kford@weldgov.com:: www.weldgov.com ::
My working hours are Monday -Thursday 7:00a.m.-4:00 p.m.
Friday 7:00a.m. - Noon
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From: sbrennan@hucdsoncolorado.org <sbrennanehudsoncolorado.org>
Sent: Tuesday, Octocer 16, 2O18 9:27 AM
To: Karla Ford <kford@weldgov.com>
Cc: manager@hudsoncolorado.org; clerkprotem@hudsoncolorado.org
Subject: Town of Hudson - Annexation Impact Report for Parcel #: 13O5314OOO3O - PUBLIC SERVICE COMPANY
COLORADO
Importance: High
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
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Ms. Ford,
I hope you are well. Per CO Rev Stat § 31-12-1O8.5 (2O16), I am attaching the Town of Hudson Annexation Impact Report
for the Public Service Company of Colorado — Rocky Mountain Energy center (aka Xcel Energy). The public hearing for
this case shall be Wednesday, November 7, 2O18. Should you have any questions, please do not hesitate to contact me.
Best regards,
SAYRE BRENNAN
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Town Planner
Town of Hudson
50 S. Beech St
Hudson, CO 80642
Office: 303.536.9311
E-mail: sbrennan@hudsoncolorado.org
https://hudsoncolorado.org/158/Planning
2
ANNEXATION IMPACT REPORT
Rocky Mountain Energy Center
to the Town of Hudson
February, 2018
Annexation Impact Report
Rocky Mountain Energy Center
Town of Hudson
ANNEXATION IMPACT REPORT
Rocky Mountain Energy Center to the Town of Hudson
Introduction
The Town of Hudson has received a petition for annexation of 88 5 acres of land owned by
Rocky Mountain Energy Center, LLC The proposed annexation area is completely surrounded
by the Town of Hudson and meets the criteria for annexation The location of the annexation in
relationship to the Town is shown in Figure 1 Location of Annexation In accordance with
Section 31-12-108 5 of the Colorado Revised Statues, 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 area to be annexed is adjacent to the Town of Hudson municipal boundaries on all sides
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 property is currently the site of a natural gas
power generating plant that produces 580 megawatts of power in three operating units The
plant began operations in 2004 and was acquired in 2010 by Xcel Energy
The property is completely surrounded by land that was annexed to the Town in 2014 and was
acquired in 2016 by Xcel Energy to serve as a buffer to the plant The current use is agricultural
and the applicant has expressed their intent for the land to remain in agricultural production
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 power generation for the foreseeable future and is recognized as an industrial use in the
future plans for the community
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
C Municipal Services
The site is currently served by sewer service to the administrative/break room building on the
site Municipal water is available should it be desired by the owner
Page 2 of 7
February, 2018
Annexation Impact Report
Rocky Mountain Energy Center
Town of Hudson
D Extension of Municipal Services
Water service is currently available through a line serving the Chemical Metal Industries
property at the intersection of Technology Parkway and Chem -tech Avenue in the BNSF
Logistics Center Hudson It is anticipated that water service would be extended to the eastern
boundary of the logistics center and should the applicant desire service would be available
E Existing Distncts
The following tax authorities currently serve the area to be annexed
Aims Junior College District
Central Colorado Water Conservancy District
Central Colorado Water Subdistrict
High Plains Library District
Hudson Fire Protection District
School District RE3J - Keenesburg
Southeast Weld Conservation District
Weld County
F School District Impact
The property is within the boundaries of the RE3J school district There will be no school age
children to be generated by the use or annexation of the project and the existing use will
continue to produce substantial tax revenues to the RE3J school district
Page 3of7
February, 2018
Annexation Impact Report
Rocky Mountain Energy Center
Town of Hudson
Page 4 of 7
February. 2018
Annexation Impact Report
Rocky Mountain Energy Center
Town of Hudson
Page 5 of 7
February. 2018
Annexation Impact Report
Rocky Mountain Energy Center
Town of Hudson
Page 6 of 7
February. 2018
Annexation Impact Report
Rocky Mountain Energy Center
Town of Hudson
v_
Comprehensive Plan in
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Proposed Annexation
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Land Use Categories
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Page 7 of 7
February. 2018
September 20, 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
RECE IED
SEP 2 4 2013
WELD COUNTY
E' Y
OMMISTOONSRS
Esther Gesick, Clerk to the Board
Weld County Colorado
PO Box 758
Greely, CO 80632
Ms. Gesick,
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
/ day of November, 2018 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 18-22
2) Applicant's Petition
3) Notice of Public Hearings
If you have any questions or comments regarding the notice above, please do not hesitate to contact
me.
Best regards,
SA • E BRENNAN, Town Planner
Town of Hudson — Planning Department
50 S. Beech St
Hudson, CO 80642
Office: 303.536.9311
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RESOLUTION NO.
18-22
TITLE: A RESOLUTION ACCEPTING THE PETITION FOR
ANNEXATION AND ESTABLISHING NOVEMBER 7, 2018 AS
THE DATE OF PUBLIC HEARING ON THE REQUESTED
ANNEXATION OF A PARCEL OF UNINCORPORATED
TERRITORY LOCATED IN THE COUNTY OF WELD (ROCKY
MOUNTAIN ENERGY CENTER ANNEXATION)
WHEREAS, Public Service Company of Colorado ("Xcel Energy"), 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, September 19,
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,
November 7, 2018, 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 Annexation Act of
1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended.
I
Resolution 18-22 Rocky Mountain Energy Center Annexation
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 19th day of September, 2018.
TOWN OF HUDSON, COLORADO
Dwayne Hayn `s Mayor
ATTEST:
I
Resolution 18-22 Rocky Mountain Energy Center Annexation
Exhibit A
Property Description
ROCKY MOUNTAIN ENERGY CENTER ANNEXATION
A Parcel of Land Lying in the South Half of Section 31, Township 2 North, Range 64 West,
Township 1 North, Range 64 West, of the 6th Principal Meridian, County of Weld, State of
Colorado, described as follows:
BEGINNING at a point that bears N67°54'50"E, 1642.88 feet from the Southwest Corner of
said Section 31;
Thence NOO°31'26"W, 1961.35 feet
Thence N89°30'04"E, 1966.30 feet
Thence S00°33'39"E, 1958.51 feet
Thence S89°25'06"W, 1967.57 feet to the POINT OF BEGINNING;
TOTAL ANNEXED AREA for the Rocky Mountain Energy Center Annexation is 88.500
Acres, more or less (±).
I
Resolution I8-22 Rocky Mountain Energy Center Annexation
PETITION FOR ANNEXATION
TO: THE BOARD OF TRUSTEES OF THE TOWN OF HUDSON, COLORADO
in 144'411-L1'n
The undersigned owners of more than fifty t cent (50°00of property proposeVto
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.
RE: PROPERTY KNOWN AS THE
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 boundary of 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 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 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 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.
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 u uses thereon are
also bound by any voter authorization under Art. X, O 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.
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 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
Circulator
) ss.
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
5
PETITION:
it%6IA-'111488 o- 4j_
Signature of
Landowner
Date of
Signature
OLD, •
Mailing Address of
of Landowner
4 Pa's ,04.47
Legal Description of
Land Owned
EXHIBIT "A"
Legal Description:
-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 adjacent to County Road
51, pursuant to the Town of Hudson Municipal Code.
The public hearings are to be held before the Hudson Planning Commission on October 10, 2018 at 6:00
pm, and before the Hudson Town Council on November 7, 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. Further information is
available through the Town Clerk's office at (303) 536-9311.
ALL INTERESTED PERSONS MAY ATTEND
EXHIBIT k LEGAL DESCRIPTION
A Parcel of Land Lying in the South Half of Section 31, Township 2 North, Range 64 West,
Township 1 North, Range 64 West, of the 6`" Principal Meridian, County of Weld, State of
Colorado, described as follows:
BEGINNING at a point that bears N67°54'50"E, 1642.88 feet from the Southwest Corner of
said Section 31;
Thence N00°31'26"W, 1961.35 feet
Thence N89°30'04"E, 1966.30 feet
Thence S00°33'39"E, 1958.51 feet
Thence S89°25'06"W, 1967.57 feet to the POINT OF BEGINNING;
TOWN 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
Date: Monday, September 10, 2018
To: Referral Agencies
From: Sayre Brennan, Town of Hudson Town Planner
Re: Case No. 18-13 Rocky Mountain Energy Center
RECEIVED
SEP 18 2018
WELD COUNTY
COMMISSIONERS
Your agency is receiving this letter because the Town of Hudson is required to notify you of a
request for annexation and zoning within the community.
Applicant: Public Service Company of
Colorado (Xcel Energy).
Owner: Same
Case Number: 18-13
Please reply on or before: Friday, October 5,
2018
Planner: Sayre Brennan
• Project: The above property owner has petitioned the Town of Hudson to annex and zone
one (1) parcel of land comprising a total of 88.500 +/- acres into the Town of Hudson's
municipal boundaries. As part of this annexation proposal, the applicant is requesting that
the property be zoned Industrial three district (I-3) and that Weld County's USR-1339 for
the operation of a power generation facility carry over to the Town of Hudson.
• Location: Located north of Hwy. 52, south of Weld CR 16, east of Weld CR 49, west of
Weld CR 51. Note: Attached is a map of the property under consideration.
• Parcel Number: 130531400030
• Legal: PT 31-02-64 COM SW4 COR N67D50'E 1642.88 TO POB N0D31'W 1961.35'
N89D30'E 1966.30' S0D33'E 1958.51' S89D25'W 1967.57' TO POB
Consideration of this item is scheduled to be heard by the Hudson Planning Commission and
Town Council at Town Hall, 50 S. Beech Street, on the following dates:
Planning Commission (Zoning):
Town Council (Annexation and Zoning):
October 10, 2018 at 6:00 P.M.
October 17, 2018 at 6:00 P.M. (1st Reading).
November 07, 2018 at 6:00 P.M. (2nd Reading).
The application is hereby submitted to you for your review and recommendation. Any response
not received before or on the date listed above may be deemed to be a positive response to the
Planning Department. If you desire to examine or obtain this application or you have any further
questions regarding the application, please contact the planner associated with the request.
Should you have any further questions, comments, or concerns please send them to the Town
prior to the public hearing dates. Thank you for your time and consideration.
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Best regards,
SAYRE BRENNAN
Town Planner
Town of Hudson
50 S. Beech St
Hudson, CO 80642
Office: 303.536.9311
E-mail: sbrennan@hudsoncolorado.org
https://hudsoncolorado.org/158/Planning
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