The Crested Butte News Serving the Gunnison Valley since 1999
—NOTICE OF PUBLIC HEARING—
UPON ANNEXATION PETiTION
The Town Council of the Town of Mt. Crested Butte, Colorado, shall hold a public hearing on December 18, 2007, at 6:00 o’clock p.m. at the Mt. Crested Butte Town Hall, 911 Gothic Road, Mt. Crested Butte, Colorado 81225, upon the annexation petition set forth below and incorporated herein by this reference for the purpose of determining and finding whether the area proposed to be annexed in said petition meets the applicable requirements of §§31-12-104 and 31-12-105/ C.R.S., and the provisions of the Town of Mt. Crested Butte Resolution No. 1, Series 1995, and is considered eligible for annexation.
Donna M. Arwood, Town Clerk
Town of Mt. Crested Butte,
Colorado
—RESOLUTION NO. 10—
SERIES 2007
TOWN OF MT. CRESTED BUTTE, COLORADO
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF MT. CRESTED BUTTE, COLORADO, FINDING THAT THE ANNEXATION PETITION FILED BY BRUSH CREEK HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE ANNEXATION OF AN 8.87 ACRE PARCEL OF LAND ADJACENT TO THE BOUNDARIES OF THE TOWN OF MT. CRESTED BUTTE TO BE IN SUBSTANTIAL COMPLIANCE WITH THE REQUIREMENTS OF STATE LAW AND THE REQUIREMENTS OF THE TOWN;
SETTING FORTH FINDINGS OF FACT RELATING THERETO; AND SETTING A PUBLIC HEARING UPON SAID PETITION FOR ANNEXATION.
WHEREAS, on October 26, 2007, Brush Creek Holdings, LLC, a Colorado limited liability company, submitted a petition to annex 8.87 acres of land adjacent to the boundaries of the Town of Mt. Crested Butte; and
WHEREAS, statutory procedures for annexation to municipalities are found at C.R.S. 31-12-101, et. seq.; and
WHEREAS, additional procedures and requirements for annexations are prescribed by the Town of Mt. Crested Butte Resolution No. 1, Series 1995;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF MT. CRESTED BUTTE, COLORADO, THAT:
Section 1. The Town Council hereby finds that the petition for annexation of 8.87 acres of land adjacent to the boundaries of the Town of Mt. Crested Butte as submitted by Brush Creek Holdings, LLC, a Colorado limited liability company, to be in substantial compliance with the requirements of §31-12-107, C.R.S., and the requirements of the Town of Mt. Crested Butte Resolution No. 1, Series 1995.
Section 2. The Town Council shall hold a public hearing on the petition for annexation on Tuesday, December 18, 2007, at 6:00 o’clock p.m. at the Mt. Crested Butte Town Hall, 911 Gothic Road, Mt. Crested Butte, Colorado 81225.
Section 3. The Town Clerk is hereby authorized and directed to publish notice of the public hearing pursuant to §31-12-108(2), C.R.S.
INTRODUCED, READ, AND ADOPTED at a regular meeting of the Town Council of the Town of Mt. Crested Butte on the 20th day of November, 2007.
TOWN OF MT. CRESTED BUTTE,
COLORADO
By-Christopher Morgan, Mayor
ATTEST:
Donna Arwood, Town Clerk
—PETITION FOR ANNEXATION—
Subject Property: Approximately 9 acre piece of land Iying adjacent to the NW corner of Mt. Crested Butte, formerly known as the “Astronaut Parcel” now owned by Brush Creek Holdings, llc, a Colorado limited liability company.
Petitioner: Gary F. Garland, Managing Member, Brush Creek Holdings, llc.
Pursuant to state statute Article 12, sections 31-12-101 et seq. Petitioner claims the following:
I. It is desirable and necessary that this parcel be annexed to Mt. Crested Butte.
2. The requirements of sections 31-12-104 and 31-12-105 have been met. More specifically, more that one sixth of the perimeter of the parcel area is contiguous to the Town.
3. The signer of this petition comprises a representation of 100% of ownership of the parcel.
4. The Petitioner respectfully requests that the Town of Mt. Crested Butte approve the annexation of the parcel proposed to be annexed.
Signed this 3rd day of October, 2007 by Gary F. Garland, Managing Member of Brush Creek Holdings, llc.
/s/ Gary F. Garland
Brush Creek Holdings, llc
PO Box 1090, Crested Butte, CO 81224
c) 970-209-9000
o) 970-349-7000
AFFADIVIT
I hereby certify and affirm that the signature above is my true legal and usual signature.
/s/ Gary F. GarIand
Additional provisions of Petition for Annexation required by Town of Mt. Crested Butte, Resolution 1, Series 1995:
1. A fee of $1000 plus $100 for each acre sought to be annexed ($900), total submission fee of $1900 accompanies this Petition.
2. A map showing the proposed Land Use Plan for the property is attached and is included as part of this Petition.
3. Municipal services, water, sewer, power and telephone shall be installed within and to this parcel from existing parcels at no cost to the Town. All services shall be paid by the eventual developer of the property in whole, or possibly in conjunction with the Prospect Metropolitan District.
4. The parcel is already within the Mt. Crested Butte Water and Sanitation District. Please see accompanying letter from the District. The District has the capability to service the water and sanitation need of the proposed uses of this property.
5. The parcel is within the boundaries of the Crested Butte Fire Protection District. Please see accompanying letter from the Fire District.
—legal description—
Exhibit A
A part of the E1/2SW1/4NE1/4 of Section 14, Township 13 South, Range 86 West of the 6th P.M., described as follows:
Beginning at a point on the West line of said E1/2SW1/4NE1/4 from which the East one-quarter corner of Section 14 bears South 86°26’ East, 2028.13 feet; thence North 0°05’ East, along the West line of said E1/2SW1/4NE1/4 1245 feet to the Northwest corner thereof;
thence North 89°13’ East, along the North line of said SW1/4NE1/4, 282.7 feet;
thence South 37°15’ East, 195 feet;
thence on a curve to the left, the radius of which is 146 feet and the long chord of which bears South 20°10’ West, 210.64 feet, an arc distance of 235.28 feet;
thence on a curve to the right, the radius of which is 210 feet and the long chord of which bears South 8°05’ East, 129.21 feet, an arc distance of 131.34 feet;
thence South 9°50’ West, 305.5 feet;
thence on a curve to the left, the radius of which is 415 feet and the long chord of which bears South 13°50’ East, 333.17 feet, an arc distance of 342.84 feet;
thence South 69°05’ West, 402 feet, more or less, to the point of beginning,
County of Gunnison, State of Colorado.
—RESOLUTION NO. 1—
SERIES 1995
TOWN OF MT. CRESTED BUTTE, COLORADO
A RESOLUTION ADOPTING REQUIREMENTS FOR PETITIONS FOR ANNEXATION TO THE TOWN OF MT. CRESTED BUTTE, COLORADO; SETTING FORTH THE STANDARDS FOR ACCEPTANCE OF SUCH PETITIONS AND REQUIREMENTS FOR THE STATUS OF PROPERTY PRIOR TO ANNEXATION.
WHEREAS, the Town of Mt. Crested Butte, Colorado, by passage of Resolution No. 7, Series 1991, and Resolution No. 2, Series 1994 has previously adopted standards and requirements for petitions for annexation to the Town in order to provide for the orderly development of the infrastructure of the Town; provide for all future public improvements within the Town to meet the necessary design criteria previously adopted by the Town; and to avoid the cost and expense to the taxpayers of the Town to provide municipal services to areas newly annexed to the Town; and
WHEREAS, the Town Council of the Town of Mt. Crested Butte, Colorado wishes to amend Resolution No. 2, Series 1994 in order to clarify the requirements for land use planning and subdivision development in connection with annexation;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN of MT. CRESTED BUTTE, COLORADO, THAT:
Section 1. Annexation. Annexation to the Town shall be in accordance with Title 31, Article 12, Colorado Revised Statutes, and the term and conditions of this resolution.
Section 2. Petitions. Petitions seeking annexation of land to the Town shall comply in all respects with the requirements and laws of the State of Colorado. In addition, they shall be accompanied by the following:
A. Fees. Each petition for annexation shall be submitted with a non-refundable petition for annexation fee of $1,000.00 plus the sum of $100.00 for each acre of land sought to be annexed. In addition to the above fees, the person submitting such petition shall be responsible for the actual costs of publication and recording fees required by State law or this resolution. In lieu of cash payment of the petition for annexation fees called for herein, the Town may accept the dedication of land or an interest in land, if the Town council determines, in its sole discretion, that the dedication of land would serve a necessary public purpose, and that the value of the proposed dedication is equivalent to the cash amount of fees required herein. A land dedication in lieu of petition for annexation fees shall be in addition to any land dedication which is negotiated in the annexation agreement and which is required by the laws of the State of Colorado or the ordinances of the Town.
B. Land Use Plan. Each petition for annexation of currently undeveloped or unsubdivided properties shall be accompanied by a plan which shall contain a site plan of the area sought to be annexed showing, at a minimum, the existing and proposed roads, drainage basins, and irrigation ditches, the proposed land uses, including specific densities of development, and a zoning plan for the property complying with the Master Plan of the Town of Mt. Crested Butte, Colorado.
C. Extension of Municipal Services. Each petition for annexation shall be accompanied by evidence that all municipal services are capable of being extended to the area sought to be annexed without cost to the Town, or a plan for the extension of the necessary municipal services to the area to be annexed at no cost to the Town.
D. Water and Sewer Service. Each petition for annexation shall be accompanied by proof that the area to be annexed is within the boundaries of the Mt. Crested Butte Water and Sanitation District, and that the Mt. Crested Butte Water and Sanitation District has sufficient water available and capacity for sewage treatment to serve the area sought to be annexed, or proof that an application for inclusion of the area to be annexed within the boundaries of the Mt. Crested Butte Water and Sanitation District has been filed with said District prior to or contemporaneous with the filing of the annexation petition with the Town. If the property to be annexed is not to be included within the boundaries of the Mt. Crested Butte Water and Sanitation District, then the petition for annexation shall be accompanied by a plan detailing the source of domestic or municipal water to serve the area, proof of ownership of any necessary water rights to implement such a plan, a plan of sewage disposal for all uses proposed for the area to be annexed, together with engineering date sufficient to show the compliance of the sewage disposal plan with all federal and state regulations or laws.
E. Fire Protection. Each petition for annexation shall be accompanied by proof that the area to be annexed is within the boundaries of the Crested Butte Fire Protection District or proof that an application for inclusion of the area to be annexed within the boundaries of the Crested Butte Fire Protection District has been filed with said District prior to or contemporaneously with the filing of the annexation petition with the Town. The property sought to be annexed to the Town shall be within the boundaries of the Crested Butte Fire Protection District before final action is taken upon the annexation.
F. Proof of Ownership. Each petition for annexation shall be accompanied by either a commitment for title insurance naming the Town as the proposed insured, issued by a title insurance company licensed to do business in the State of Colorado, or an attorney’s title opinion, signed by an attorney licensed to practice in the State of Colorado, establishing the ownership of the property described in the annexation petition. In either case, the proof of ownership shall be dated not more than sixty days prior to the date of filing the petition for annexation with the Town.
Section 3. Annexation Agreement. Within two weeks of the adoption of a resolution finding substantial compliance of the annexation petition with the requirements of the State Statutes and the terms of this resolution, there shall be submitted to the Town a proposed Annexation Agreement to be binding upon the petitioner, his successors and assigns, and committing the undeveloped or unsubdivided property described in the petition to future development in strict accordance with the Land Use Plan which accompanies the petition, or committing previously subdivided land to compliance with the Town’s development standards.
Section 4. Eligibility for Annexation. In addition to the findings of fact required by State law, in order for property to be eligible for annexation to the Town by petition, the Town Council must first find and determine that the Land Use Plan of the property to be annexed is in full compliance with the Mt. Crested Butte Master Plan; and
A. There exists an economic need of the Town for additional subdivided and developable or developed lands within the Town boundaries; or
B. The proposed annexation will provide the Town with amenities or facilities which are desired by the Town, and which the Town determines justifies the annexation of the property.
Section 5. Final Action on Annexation of Undeveloped or Unsubdivided Land. Prior to consideration of an ordinance annexing undeveloped or unsubdivided property to the Town, the final form of an Annexation Agreement binding the property to future development in accordance with the Land Use Plan shall be agreed upon by the petitioner and the Town. No undeveloped or unsubdivided property shall be annexed to the Town without an Annexation Agreement acceptable to the Town. Contemporaneously with the adoption of the ordinance annexing property to the Town, the Town Council shall adopt an ordinance designating the zoning classifications of the property being annexed, conforming with the approved Land Use Plan for such property, in accordance with Chapter 21 of the Code of the Town of Mt. Crested Butte, Colorado.
Section 6. Final Action on Annexation of Previously Subdivided Land. Prior to consideration of an ordinance annexing previously subdivided property, the final form of the Annexation Agreement providing for compliance with the development standards of the Town shall be agreed upon by the petitioner and the Town. No previously subdivided property shall be annexed to the Town without an Annexation Agreement acceptable to the Town. Said Annexation Agreement shall address, at a minimum, the following issues:
A. Road built to the Town’s specifications and properly dedicated to the use of the public;
B. Installation of water and sewer facilities and acceptance thereof by the appropriate governmental entity;
C. Provision for adequate storm drainage;
D. Dedication of land for public purposes or cash payment in lieu thereof as required by the ordinances of the Town of Mt. Crested Butte;
E. All service and utility lines installed underground in accordance with the requirements of the Town of Mt. Crested Butte;
F. Necessary easements provided for public purposes; and
G. Compliance with all ordinances, resolutions, and policies of the Town of Mt. Crested Butte.
Contemporaneously with the adoption of the ordinance annexing property to the Town, the Town Council shall adopt an ordinance designating the zoning classifications of the property going annexed, conforming with the approved Land Use Plan for such property, in accordance with Chapter 21 of the Code of the Town of Mt. Crested Butte, Colorado.
Section 7. Expiration. All provisions of this resolution must be fulfilled by or before twelve (12) months from the date of acceptance of a petition for annexation.
Section 8. Prior Resolutions. The provisions of this resolutions shall supersede any prior annexation resolution or guidelines previously adopted by the Town of Mt. Crested Butte, Colorado.
INTRODUCED, READ, AND ADOPTED at a regular meeting of the Town Council of the Town of Mt. Crested Butte, Colorado, on the 3rd day of January, 1995.
TOWN of MT. CRESTED BUTTE, COLORADO
/s/ James C. Dunkin, Mayor
Attest:
/s/ Joanne Prince, Town Clerk
Published in the Crested Butte News. Issues of November 16, 23 and 30, and December 7 and 14, 2007. #111613