Annexation battles continue between Hudson, Lochbuie

LOCHBUIE — A new front emerged Tuesday in the ongoing annexation war between Hudson and Lochbuie.

Forty-five minutes before the Lochbuie Town Board met to advance two key annexations around the planned BNSF Railway Co. intermodal facility and logistics park, the town of Hudson posted notice of another annexation petition that further ups the ante.

Lochbuie, meanwhile, at its 6:30 p.m. meeting on Tuesday, voted to advance South Weld Annexation No. 2, and BNSF Annexation No. 1.

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But the BNSF annexation — the first of three planned annexations by the railway totaling 2,367 acres — could be tweaked based on Hudson’s latest annexation petition, word of which was posted to the Hudson website at 5:45 p.m. Tuesday.

Hudson on Wednesday will consider the Ranchos West Annexation No. 1, an 88-acre parcel south of Weld County Road 8, west of Weld County Road 45, north of Weld County Road 6 and east of Interstate 76.

As Lochbuie’s town board considered BNSF Annexation No. 1, town attorney Maureen Juran recommended — and a BNSF attorney agreed — that should any conflict arise between that annexation and Ranchos West, the conflicting portion of the land would be removed from Lochbuie’s annexation.

“The town of Lochbuie is aware that the town of Hudson at some point before 5:45 this evening, did receive a conflicting annexation petition that they look to have titled Ranchos West,” Juran said. “They purport in that annexation petition to take a portion of land directly west of the Ranchos East petition that was formerly before them for consideration, as well as a portion of the Denver-Hudson canal and County Road 6.

“For the record, we do not believe that the BNSF Petition No. 1 that you are considering tonight, and that you found substantial compliance on, and that we posted and published notice of, included any of the territory that’s within the annexation map and legal description under consideration by the town of Hudson in their Ranchos West petition.”

Juran added, however, that, “to the extent that there is any conflict in the land that is sought to be annexed by the town of Hudson in their Ranchos West petition and what you’re annexing tonight …,” her recommendation was that staff be authorized to “amend both the resolution and the ordinances’ exhibits to remove any of that conflicting annexation.”

Jacob Woods, an attorney representing BNSF, agreed, and the board approved BNSF Annexation No. 1 with that stipulation.

BNSF emphasizes ties to both communities

Approval came after Lacy Kreger, general director of strategic programs for BNSF, which already operates the 430-acre Logistics Center Hudson on the north side of that community, emphasized the railway’s connections to both communities.

“As you know, on May 4, BNSF filed petitions for annexation into the town of Lochbuie to support BNSF’s plans on operating an intermodal facility and logistics park in Weld County,” Kreger said. “Lochbuie is well-positioned to meet the project’s infrastructure demands and help the railroad keep pace with future customer growth. BNSF has existing operations in our logistics center just up the road in Hudson that was opened in 2019, and we continue to invest in that project as well. We look forward to bringing world-class freight logistics that benefit the Rocky Mountain region and the economy to this region. We look forward to the continued partnership with both the city of Lochbuie and Hudson.”

Hudson and Lochbuie have spent months wrangling over which community would reap the benefits of the larger BNSF project, which lies between the two towns. Stakes are high, with dueling annexations fueled by BNSF’s plans in the area that analysts have estimated could generate billions of dollars in economic activity. BNSF envisions a massive development along BNSF tracks on the east side of Interstate 76, on land located in unincorporated Weld County. The development is roughly north of Weld County Road 4, south of Weld County Road 10, with some parcels extending eastward toward Weld County Road 47.

BNSF ultimately decided to annex to Lochbuie, submitting three separate annexation petitions in early May.

MSLCAT annexation stymied, for now

Hudson was stymied in its efforts to complete the MSLCAT annexation, 120 acres owned by Don Sack at the southwest corner of Weld County Roads 4 and 45. The property would have provided a new facility for Mountain States Line Constructors Joint Apprenticeship & Training, which serves the electrical construction industry.

Lochbuie initiated annexation proceedings for South Weld Annexation Nos. 1, 2 and 3. South Weld Annexation No. 1 includes 194 acres immediately south of the planned BNSF facility, at the northeast corner of I-76 and Weld County Road 4. The property is part of 700 acres owned by South Weld Holdings LLC, an affiliate of Bromley Cos.

South Weld Annexation No. 1 did not  conflict with Hudson’s MSLCAT planned annexation, but South Weld Annexations 2 and 3 would have included rights of way that overlapped with Hudson’s annexation.

Lochbuie sued Hudson in Weld County District Court, seeking an annexation election, as portions of the right of way to be annexed conflicted with South Weld Annexations 2 and 3.

But that case was dismissed after Weld County Commissioners approved a BNSF request to vacate portions of Weld County Road 41. Hudson was using that right of way as a flagpole annexation to reach MSLCAT. With the right of way no longer an option, the MSLCAT annexation died.

But on Monday, Hudson’s town board considered another annexation petition by property owner Sack to annex the same acreage. The board ultimately continued the item to a future date.

Then came word Tuesday that Hudson was looking at an entirely different annexation, the Ranchos West annexation, which it will consider in a special meeting at 6:30 p.m. Wednesday.

Two other lawsuits are ongoing in Weld County District Court over Ranchos East and BNSF Annexations 2 and 3, with Lochbuie pushing for annexation elections to resolve conflicts.

In other action:

The Lochbuie Town Council also considered a mayoral vacancy after the May resignation of Mayor Mike Mahoney. Trustee Dawn Coen moved to appoint Mayor Pro Tem Jamie Jeffery as mayor, which was seconded by Trustee Peggy Tapey.

But with only four of six trustees present, Trustee May Westcott voted no, stating that, although she supported Jeffery in the role, she wanted to wait until absent trustees were present. With Jeffery abstaining from the vote, the measure died. Lochbuie will consider the vacancy at a future meeting, either appointing someone to fill the role until the November election or calling a special election.