First petition deemed insufficient due to missing information from signers

By John Gardner
The Surveyor

The group opposed to the Heron Pointe development, in Berthoud’s northern stretch, have, for a second time, gathered enough signatures to at least keep the debate open as to if the development should be allowed or not.

According to Ted Bendelow, the attorney representing those residents, the new petition circulated over this past weekend was turned in to the Town Clerks Office at 2 p.m. Wednesday. The Surveyor confirmed, Wednesday, that the petition was turned, however, Town Clerk Mary Cowdin hasn’t reviewed them as of Thursday morning.

Cowdin said that she and Town Attorney Greg Bell are reviewing statutes to determine the proper course of action. Cowdin said that she hopes to have an answer in the next few days.

Bendelow said he and the group believe the new petition, and all the signatures, are accurate this time around.

Ed Kahle, one of the residents who live in a neighboring community, said he believes they have a few hundred signatures again. This second time, Kahle said, they are sure that all the information is there.

“Everything is there per state statute,” he said.

The original petitions were turned in to Cowdin’s office on Feb. 17 with 314 signatures. The group only needed 201, or 5 percent of Berthoud registered voters, to get approval. However, all 314 signatures were deemed insufficient by Cowdin after review of the signatures on the basis that some of the signers hadn’t included the town of residence and none of the signatures included the county of residence, both are required by state statute.

That was frustrating for Kahle and others who signed the petition.

“People were upset,” Kahle said. “But everyone got to relax and think about it a little bit, and this is going to give us more strength.”

The Berthoud Board of Trustees approved the annexation and associated zoning of the Heron Pointe property at a Jan. 13 meeting. The property, located south of Larimer County Road (LCR) 14 and straddles LCR 17, includes approximately 76 acres of single-family and multi-family residential units, along with approximately 20 acres of commercially zoned property.

Opponents took issue with the density, increased traffic issues and impacts on existing roadways, and the proposed commercial aspect of the development.

Kahle previously expressed frustration by the county residents who live near the property not being allowed to vote, but said that putting a decision like this to a vote is the best way to proceed.

“Everyone wants to know what the people want,” Kahle said. “If the people of Berthoud want to grow, grow, grow, and they vote that in, then that is their choice; that is their right. They should have the right to say.”

Editor’s note: This story has been updated from the print edition to include information about the petition that was turned in Wednesday afternoon.