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Home My WebLink About20091593.tiff'WINDsoR COMM CM/ fT S.o IONERS 1�1tJ9 JUN 30 A9. 39 ANNEXATION REFEITC L) TO: Weld County Commissioners FROM: Diana Aungst, AICP Associate Planner PROJECT: Zeiler Farms First and Second Annexations and Zoning Request DATE: June 29, 2009 Windsor AIFAmsriea City Finalist Please review the enclosed notice and resolution pertaining to the aforementioned annexation proposal and return any comments to the Town of Windsor at the address shown below within thirty (30) days of the receipt of this memorandum. If the Town has not received comments from your agency within this 30 -day review period, the Town will consider the lack of a response to be a positive response to the proposal in its current form. However, for the purposes of having a complete file on this proposal, the Town would appreciate a response from your office even if your only comment below is "no comment." Thank you very much for your participation in this process and your input concerning this proposal. Public Meeting: The Windsor Planning Commission will hold a public hearing at 7:00 p.m. on Thursday, March 5, 2009 and the Windsor Town Board will hold a public hearing at 7:00 p.m. on Monday, March 9, 2009 to receive public comments on the enclosed annexation, both of these public hearings will be held in Windsor Town Hall, 301 Walnut Street. Comments: By : Date: (Print Name) Please send your comments to: Town of Windsor Planning Department, 301 Walnut Street, Windsor, CO 80550 or phone (970) 674-2436 or Fax (970) 686-7180 with any questions which you may have concerning this request. NOTE: If your agency wishes additional copies of any of the enclosed materials, for a nominal fee to recover reproduction costs, the Town of Windsor will provide your agency with reproductions of any of these materials. If you wish to obtain additional copies of any of these materials or receive a copy of the recorded cop: please check here: At the time the planning department mails all such copies, your a 2009-1593 postage and these reproduction costs. CC • CPI so I _pi_ fobll c 0"'e, 7/or/ ANNEXATION REFERRAL TO: Weld County Commissioners FROM: Diana Aungst, AICP Associate Planner PROJECT: Zeiler Farm Annexations, Master Plan and Vested Property Rights. DATE: July 2, 2009 RE: Updated information on Windsor Town Board Public Hearing on Zeiler Farm Annexations, Master Plan and Vested Property Rights. It has come to our attention that the letter that was sent on June 29, 2009 included incorrect information that stated that this public hearing on the Zeiler Farms annexations, master plan and vested property rights was to be held at the Windsor Community Recreation Center in Windsor. We sincerely apologize for this earlier incorrect information and would like to refer you to the following paragraph which contains the correct time, date and place for this public hearing. On July 27, 2009 at 7:00 p.m. in the Town Hall Board Room, 301 Walnut Street, Windsor, Colorado, the Windsor Town Board will hold a public hearing regarding the Zeiler Farms First Annexation and Zeiler Farms Second Annexation (a total of approximately 619.5 acres referred to as the "Annexations"); zoning of the Annexations; and the following site specific development plans in connection with such Annexations, the approval of which may create vested property rights pursuant to Colorado law: (i) the Zeiler Farms First and Second Annexations Master Plan and (ii) the Zeiler Farms Annexation and Master Plan Annexation and Development Agreement. Please see the attached map which outlines the boundaries of the Annexations and the Zeiler Farms First and Second Annexations Master Plan. If you have any questions regarding these matters, please feel free to contact the Windsor Planning Department, 301 Walnut Street, Windsor, Colorado 80550 or call (970) 674-2436. Sincerely, Diana Aungst, AICP Associate Planner Town of Windsor daungst@windsorgov.com D O a - TOWN OF WINDSOR RESOLUTION NO. 2009-39 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT CONCERNING THE ZEILER FARMS FIRST ANNEXATION TO THE TOWN OF WINDSOR, COLORADO; DETERMINING SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-101, ET SEQ., C.R.S., "THE MUNICIPAL ANNEXATION ACT OF 1965"; AND ESTABLISHING DATES FOR PUBLIC HEARINGS BEFORE THE PLANNING COMMISSION AND THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, WITH REGARD TO THE ZEILER FARMS FIRST ANNEXATION WHEREAS, the Town Clerk has received a petition filed by Zeiler Farms, Inc. to annex to the Town of Windsor certain real property known as the "Zeiler Farms First Annexation"; and WHEREAS, pursuant to The Municipal Annexation Act of 1965, the Town Board is required to determine whether or not the aforesaid petition is in substantial compliance with the requirements of said Act; and WHEREAS, upon such determination, the Town Board is required to set public hearing dates in accordance with the requirements of said Act; and WHEREAS, Resolution Nos. 2008-06 and 2009-03 were adopted by the Town of Windsor on January 14, 2008 and January 12, 2009, respectively; and WHEREAS, the Petitioner, Zeiler Farms, Inc., and the Town of Windsor have determined that the Petitions referred to in said Resolution Nos. 2008-06 and 2009-03 contained references to incorrect or incomplete legal descriptions for the Property and, therefore, were in error; NOW, THEREFORE, IT IS FOUND AND RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. That Resolution Nos. 2008-06 and 2009-03 that were adopted by the Town of Windsor on January 14, 2008 and January 12, 2009, respectively, are hereby repealed in their entirety. 2. That pursuant to Section 31-12-107, C.R.S., a petition for annexation has been filed with the Town Clerk for the annexation of certain real property known as the "Zeiler Farms First Annexation," more fully and particularly described within said petition. 3. That the Town Board finds that the aforesaid petition is in substantial compliance with Section 31-12-107(1), C.R.S. 4. That in accordance with the Town Board's determination, public hearings should be held before the Planning Commission and the Town Board of the Town of Windsor, Colorado, to determine if the proposed annexation complies with Sections 31-12-104 and 105, C.R.S. 5. That a public hearing shall be held before the Planning Commission at 7:00 p.m. on Thursday, July 2, 2009, at the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. 6. That a public hearing shall be held before the Town Board at 7:00 p.m. on Monday, July 27, 2009, at the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. 7. That the Town Clerk, or her designee, shall give notice of the aforesaid hearings in compliance with the Municipal Annexation Act of 1965. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 8th day of June, 2009. TOWN OF WINDSOR, COLORADO ATTEST: arcia, Town Clerk By: TOWN OF WINDSOR RESOLUTION NO. 2009-40 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT CONCERNING THE ZEILER FARMS SECOND ANNEXATION TO THE TOWN OF WINDSOR, COLORADO; DETERMINING SUBSTANTIAL COMPLIANCE WITH SECTION 31- 12-101, ET SEQ., C.R.S., "THE MUNICIPAL ANNEXATION ACT OF 1965"; AND ESTABLISHING DATES FOR PUBLIC HEARINGS BEFORE THE PLANNING COMMISSION AND THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, WITH REGARD TO THE ZEILER FARMS SECOND ANNEXATION WHEREAS, the Town Clerk has received a petition filed by Zeiler Farms, Inc., Tamara L. Sorensen, Robert E. Sorensen, Tamara Lynn Sorensen and Robert Eric Sorensen to annex to the Town of Windsor certain real property known as the "Zeiler Farms Second Annexation"; and WHEREAS, pursuant to The Municipal Annexation Act of 1965, the Town Board is required to determine whether or not the aforesaid petition is in substantial compliance with the requirements of said Act; and WHEREAS, upon such determination, the Town Board is required to set public hearing dates in accordance with the requirements of said Act; and WHEREAS, Resolution Nos. 2008-07 and 2009-04 were adopted by the Town of Windsor on January 14, 2008 and January 12, 2009, respectively; and WHEREAS, the Petitioner, Zeiler Farms, Inc., and the Town of Windsor have determined that the Petitions referred to in said Resolution Nos. 2008-07 and 2009-04 contained references to incorrect or incomplete legal descriptions for the Property and, therefore, were in error; NOW, THEREFORE, IT IS FOUND AND RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. That Resolution Nos. 2008-07 and 2009-04 that were adopted by the Town of Windsor on January 14, 2008 and January 12, 2009, respectively, are hereby repealed in their entirety. 2. That pursuant to Section 31-12-107, C.R.S., a petition for annexation has been filed with the Town Clerk for the annexation of certain real property known as the "Zeiler Farms Second Annexation," more fully and particularly described within said petition. 3. That the Town Board finds that the aforesaid petition is in substantial compliance with Section 31-12-107(1), C.R.S. 4. That in accordance with the Town Board's determination, public hearings should be held before the Planning Commission and the Town Board of the Town of Windsor, Colorado, to determine if the proposed annexation complies with Sections 31- 12-104 and 105, C.R.S. 5. That a public hearing shall be held before the Planning Commission at 7:00 p.m. on Thursday, July 2, 2009, at the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. 6. That a public hearing shall be held before the Town Board at 7:00 p.m. on Monday, July 27, 2009, at the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. 7. That the Town Clerk, or her designee, shall give notice of the aforesaid hearings in compliance with the Municipal Annexation Act of 1965. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 8th day of June, 2009. TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street, Windsor, CO 80550 Phone: 970-686-7476; Fax: 970-686-7180 r Land use applications shall include all items listed in the application submittal checklist and the Town of Windsor Planning Procedures Manual. The Town of Windsor Planning Department reserves the right to refuse to accept incomplete submittals. Please see the Town's Planning Procedures Manual for submittal requirements. APP ICATION TYPE: STATUS: ANNEXATION (for MAJOR SUBDIVISIONS and SITE PLANS only) MASTER PLAN Preliminary REZONING Final MINOR SUBDIVISION LOT LINE ADJUSTMENT MAJOR SUBDIVISION SITE PLAN ADMINISTRATIVE SITE PLAN SITE PLAN - Qualified Commercial or Industrial (Fast Track) For office use only: Project ID No. LAND USE APPLICATION FORM i PROJECT NAME*: % e ( le r' * 2 I rYJ LEGAL DESCRIPTION*: S pP /r C/j &d PROPERTY ADDRESS (if available): � e;<o l .� t /7 PROPERTY OWNER (APPLICANT': Owner's Names)*: 1 'r { `e Farm 5 S� G Company: Address*: r zd Loch44cvv)t d*" v E: Lo Ir e I KiCO Primary Phone #*: 2s/- /6O- b 7 5' Secondary Phone #: Fax #*: E -Mail*: 57 OWNER'S AUTHORIZED REPRESENTATIVE: Representative's Name: I j f e y , P'O C� P Pa Y 1e l/J L Cc Company: -(/C/aA V d Jai? P /E Address: 3c0 S. V ( -5 F, -/-,(O///(12 5, CO / i Primary Phone #: 7O -aa /- S 51Secondary Phone #: /ll / p/r/y Jr 2r�Fax Fax#: G ]C' GZ/V Z`7`G E-Mail:JK vf�o-.5 /,( v app ,qi /f.CQ v All correspondence will only be sent to the owner's authorized representative. It is the sole responsibility of the representative to distribute correspondence to the owner and other applicable parties, i.e. engineers, architects, surveyors, attorneys, consultants, etc. I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans Ls b itted with or con fined within the application are tr e d correct to the best of my knowledge. A1,03•64'55-�L-L- , - , Signature: Owner or Owner's Authorized Represeritative** **Proof of owner's authorization is required with submittal if signed by O, vG1'� A. .L -le Print Name(s) / Date nets Authorized Representative. 'Required fields Ze,i9r r(. is TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street, Windsor, CO 80550 Phone: 970-686-7476; Fax: 970-686-7180 For office use only: Project ID No. GENERAL APPLICATION OVERVIEW FORM This form is to be completed for each application type and submitted at the same time the LAND USE APP EXISTING ZONING: / ( fj -A PROPOSED ZONING: SL TOTAL ACREAGE: TOTAL # OF PROPOSED LOTS: p r Z-Pl lfr- Farm S /mil Gts-froe-P/a h-} AVERAGE LOT SIZE: , r MINIMUM LOT SIZE: TOTAL # OF PROPOSED PHASES: i ACREAGE PER PHASE: LOTS PER PHASE: , PARKLAND (sq. ft. & acreages): PARKLAND (public or private): IRRIGATION WATER (potable or non -potable): UTILITIES TO BE PROVIDED BY: WATER: -7-5ri�di ocr l 'lt--)clemnr_ SEWER: TO4Th O* wi(/'/,l7 aSO I -- GAS: XCEO ELECTRIC: P/i"r PHONE: (t IN PS+ IF THIS IS A FINAL APPLICATION, SUBMIT TOTALS OF THE FOLLOWING IN LINEAR FEET (use separate sheets if necessary): PUBLIC STREETS (break down by classification/width): PRIVATE STREETS (break down by classification/width): TOTAL STREETS (break down by classification/width): WATER LINES (break down by line sizes): SEWER LINES (break down by line sizes): CURB: GUTTER: SIDEWALK: OPEN SPACE (not to include detention areas) in sq ft & acres: TRAIL EASEMENTS (break down by width): Developed trail (break down by width, depth & material): Undeveloped trail (break down by width, depth & material): For office use only: Applicable Corridor Plan: Metropolitan District: Application fee: $ Date received: By: AMENDED PETITION FOR ANNEXATION FOR THE ZEILER FARMS FIRST ANNEXATION Zeiler Farms, Inc., a Colorado corporation ("Petitioner"), the landowner of more than 50% of the territory, excluding public streets and alleys, containing 113.91 acres more or less and legally described on Exhibit A attached hereto and incorporated herein by this reference (the "Property"), to be known upon annexation as the "Zeiler Farms First Annexation", submit this Amended Petition for Annexation ("Petition") and allege the following to be true and correct: The perimeter of the Property to be annexed has a distance of 12,250.00 feet of which 2,059.04 feet are contiguous to the existing limits of the Town of Windsor (the "Town"). A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the Town. Petitioner further alleges: 1. it is desirable and necessary that the Property be annexed to the Town. 2. A community of interest exists between the Property and the Town. 3. The Property is urban or will be urbanized in the near future. 4. The Property is integrated or capable of being integrated with the Town. 5. In establishing the boundaries of the Property being annexed, no land held in identical ownership is divided into separate parcels unless the owner of said land has consented in writing or joins in this Petition. 6. No land held in identical ownership, comprising 20 acres and together with improvements having an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition. is included unless the owner of such land has consented in writing or joins in this Petition. 7. No proceedings for annexation of the Property have been commenced for annexation to another municipality. 8. The signer hereof comprises the landowners of more than 50% of the Property proposed to be annexed exclusive of streets and alleys and comprises more than 50% of the landowners of the Property. 9. The mailing address of the Petitioner and the date of the Petitioner's signing is shown on this Petition. 10. The legal description of the land owned by each signer of this Petition is set forth on Exhibit B attached hereto and incorporated herein by this reference. Therefore, the undersigned Petitioner hereby requests that the Town approve the annexation of the area described on Exhibit A. In addition to the annexation, the undersigned Petitioner requests that the Property described on Exhibit A be initially zoned Limited Industrial IL District. This annexation and all promises and obligations of Petitioner contained herein are specifically conditioned upon the Town approving concurrently with this annexation (1) the Zeiler Farms Second Annexation and zoning; (ii) the initial zoning of the Property as herein requested; (iii) the master plan for the Zeiler Farms First and Second Annexations with terms and conditions acceptable to Petitioner; and (iv) an annexation and development agreement between the Petitioner and the Town with terms and conditions acceptable to Petitioner. Petitioner reserves the right to withdraw this Petition at any time. PETITIONER: By: ZEILER FARMS, INC., a Colorado corporation Kathleen Weinmeister, Treasurer Date:_ - f " )7/4 y , 2009 Petitioner's Mailing Address: 1205 Loch Mount Drive Loveland, CO 80537 Legal Description of Zeiler Farms First Annexation A parcel of land for annexation into the Town of Windsor, being a part of Sections 7 and 8, Township 5 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: -Commencing at the section corner common to sections 7 and 8 and 17 and 18, said Township 5 North, Range 67 West; thence S89°44'58"W a distance of 1659.21 feet along the south line of said section 7; thence N00°15'02"W to the north right-of-way of U.S. Highway 34 and the POINT OF BEGINNING: -thence leaving said north right of way N69°31'48"E a distance of 2443.20 feet; -thence N41 °33'03"E a distance of 2349.74 feet to the north line of the southwest 1/4 of said section 8; - thence N89°37'23"E a distance of 500.00 feet along said north line to the center 1/4 corner of said section 8; - thence S00°10'51 "E a distance of 2601.35 feet along the east line of said southwest 1/4 to the north right of way of said U.S. Highway 34; - thence S89°50'12"W a distance of 2616.68 feet along said north right of way to the east right of way of Weld County Road 15; - thence S89°52'00"W a distance of 159.86 feet along said north right of way to the west right of way of Weld County Road 15; thence S89°44'42"W a distance of 1579.16 feet along said north right of way to the POINT OF BEGINNING. Containing 113.91 acres (4,962,092 sq.ft.), more or less, and being subject to all easements and rights of way of record. TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street, Windsor, CO 80550 Phone: 970-686-7476; Fax: 970-686-7180 For office use only: Project ID No. 1 LAND USE APPLICATION FORM Land use applications shall include all items listed in the application submittal checklist and the Town of Windsor Planning Procedures Manual. The Town of Windsor Planning Department reserves the right to refuse to accept incomplete submittals. Please see the Town's Planning Procedures Manual for submittal requirements. APPLICATION TYPE: /\ ANNEXATION MASTER PLAN REZONING MINOR SUBDIVISION LOT LINE ADJUSTMENT MAJOR SUBDIVISION SITE PLAN ADMINISTRATIVE SITE PLAN SITE PLAN - Qualified Commercial or Industrial (Fast Track) PROJECT NAME*: 7,�r r Y fr LEGAL DESCRIPTION*: t. `Y) 5 =Et.(:)/ '27 .71 I/ u'%iL- 1') PROPERTY ADDRESS (if available): PROPERTY OWNER (APPLICANT): Owner's Name(s)*: . Z :✓f/ter- Fe( p' r , f l iC Company: /:fnsLi- Dr; I_ ,✓t4Cti--)�� f" Address*: Primary Phone #*: O- .6 7 5- Secondary Phone #:' 7 `- f� lr✓6�?- �l7 � .� Fax #*: E -Mail*: OWNER'S AUTHORIZED REPRESENTATIVE: L /e yJ LL C_ Company: ,/31 • / L'c' CZ ` 1 ! y a VI a J? fech7tpr Representative's Name: STATUS: (for MAJOR SUBDIVISIONS and SITE PLANS only) Preliminary Final Address: - oC) S. l v oWE5 .5.. : C01/01 5 CO E052 - Primary Phone #: '7 0 - 2-G>' Sec n ary Phone #: Fax #: Gj %(� `G� l E �`f Z E -Mail: ti ( i /E' ii:?0e s't r?lr • Z ti n keiciiifeial/f-vrcaer-5eria cow, LI All correspondence will only be sent to th'owner's authorized representative. It is the sole responsibility of the representative to distribute correspondence to the owner and other applicable parties, i.e. engineers, architects, surveyors, attorneys, consultants, etc. I hereby depose and state under the penalties of perjury that all statements, proposals, and/or plans submitted w h or contained within the ap licati are true,' .4rrect to the best of my knowledge. Cry /- ri`e,/,/ Signature: Owner or Owner's Authorizgepre en qtice** ' Date **Proof of owners authorization is required with submittal if signed by ner:s'Authorized Representative. Print Name(s) ' *Required fields Z '/rm s Second Ann TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street, Windsor, CO 80550 Phone: 970-686-7476; Fax: 970-686-7180 For office use only: Project ID No. GENERAL APPLICATION OVERVIEW FORM This form is to be completed for each application type and submitted at the same time the LAND USE APPLICATION FORM is submitted. EXISTING ZONING: ',vein ( ® - f1- PROPOSED ZONING: TI__ d-- iR/tI LA TOTAL ACREAGE: 5 -0s.±, ---c3 TOTAL# OF PROPOSED LOTS: >Y Zeikr i,rity25 MOs�-prPia v AVERAGE LOT SIZE: MINIMUM LOT SIZE: TOTAL # OF PROPOSED PHASES: ACREAGE PER PHASE: , ; LOTS PER PHASE: PARKLAND (sq. ft. & acreages): ,. PARKLAND (public or private): IRRIGATION WATER (potable or non -potable): UTILITIES TO BE PROVIDED BY: WATER: -77:L.,, r) rr /,L'i`1?asOr SEWER: -77,- t-Cr1 OI fir'/ C'S or GAS: YC.e/ ELECTRIC: Vk - PHONE: (I- HiPS-j- IF THIS IS A FINAL APPLICATION, SUBMIT TOTALS OF THE FOLLOWING IN LINEAR FEET (use separate sheets if necessary): PUBLIC STREETS (break down by classification/width): PRIVATE STREETS (break down by classification/width): TOTAL STREETS (break down by classification/width): WATER LINES (break down by line sizes): SEWER LINES (break down by line sizes): CURB: GUTTER: SIDEWALK: OPEN SPACE (not to include detention areas) in sq ft & acres: TRAIL EASEMENTS (break down by width): Developed trail (break down by width, depth & material): Undeveloped trail (break down by width, depth & material): For office use only: Applicable Corridor Plan: Metropolitan District: Application fee: $ Date received: By: AMENDED PETITION FOR ANNEXATION FOR THE ZEILER FARMS SECOND ANNEXATION Zeiler Farms, Inc., a Colorado corporation, and Robert Eric Sorensen, Tamara Lynn Sorensen, Robert E. Sorensen and Tamara L. Sorensen, individuals ("Petitioners"), the landowners of more than 50% of the territory, excluding public streets and alleys, containing 505.59 acres more or less and legally described on Exhibit A attached hereto and incorporated herein by this reference (the 'Property"), to be known upon annexation as the "Zeiler Farms Second Annexation", submit this Amended Petition for Annexation ("Petition") and allege the following to be true and correct: The perimeter of the Property to be annexed has a distance of 23,454.62 feet of which 4,792.94 feet are contiguous to the existing limits of the Town of Windsor (the "Town"). A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the Town. Petitioners further allege: 1. It is desirable and necessary that the Property be annexed to the Town. 2. A community of interest exists between the Property and the Town. 3. The Property is urban or will be urbanized in the near future. 4. The Property is integrated or capable of being integrated with the Town. 5. In establishing the boundaries of the Property being annexed, no land held in identical ownership is divided into separate parcels unless the owner of said land has consented in writing or joins in this Petition. 6. No land held in identical ownership. comprising 20 acres and together with improvements having an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition, is included unless the owner of such land has consented in writing or joins in this Petition. 7. No proceedings for annexation of the Property have been commenced for annexation to another municipality. 8. The signers hereof comprise the landowners of more than 50% of the Property proposed to be annexed exclusive of streets and alleys and comprise more than 50% of the landowners of the Property. 9. The mailing address of each signer and the date of signing of each signature are all shown on this Petition. 10. The legal description of the land owned by each signer of this Petition is set forth on Exhibit B attached hereto and incorporated herein by this reference. Therefore, the undersigned Petitioners hereby request that the Town approve the annexation of the area described on Exhibit A. In addition to the annexation, the undersigned Petitioners request that the property described on Exhibit A be initially zoned into the Limited Industrial IL District and the RMU Zoning District. This annexation and ail promises and obligations of Petitioners contained herein are specifically conditioned upon the Town approving concurrently with this annexation (i) the Zeiler Farms First Annexation and zoning; (ii) the initial zoning of the Property as herein requested; (iii) the master plan for the Zeiler Farms First and Second Annexations with terms and conditions acceptable to Petitioners; and (iv) an annexation and development agreement between the Petitioners and the Town with terms and conditions acceptable to Petitioner. Petitioners reserve the right to withdraw this Petition at any time. PETITIONERS: By: ZEILER FARMS, INC., a Colorado corporation i Kathleen Weinrneister, Treasurer Date:. I 1 )/.4J _ / , 2009 f Petitioner's Mailing Address: 1205 Loch Mount Drive Loveland; CO 80537 7 Rbbert ErAc,Sorensn Date: - i G -G2; , 2009 Petitioner's Mailing Address: 28311 Weld Co. Rd. 15 Windsor, CO 80550 Q � 1"amara Lyn► Sorensen — Date: / (4 , 2009 Petitioner's Mailing Address: 28311 Weld Co. Rd. 15 Windsor, CO 80550 ii Robert E. Sorensen / Date: G c i _. 2009 Petitioner's Mailing Address: 28311 Weld Co. Rd. 15 Windsor, CO 80550 Tamara L. Sorensen Date: 5%rr 2009 Petitioner's Mailing Address: 28311 Weld Co. Rd. 15 Windsor, CO 80550 Legal Description of Zeiler Farms Second Annexation A parcel of land for annexation into the Town of Windsor, being a part of Sections 7 and 8, Township 5 North, Range 67 West of the 6th Principal Meridian, County of Weld, State of Colorado being more particularly described as follows: -Commencing at the section corner common to sections 7 and 8 and 17 and 18, said Township 5 North, Range 67 West; thence S89°44'58"W a distance of 1659.21 feet along the south line of said section 7; thence N00°15'02"W a distance of 50.00 feet to the north right-of-way of U.S. Highway 34 and the POINT OF BEGINNING; -thence S89°44'42"W a distance of 1008.72 feet along said north right-of-way to the west line of the southeast 1/4 of said section 7; thence S89°41'02"W a distance of 1659.34 feet along said north right-of-way to the beginning of a curve to the right; -thence on the arc of said curve to the right a distance of 698.52 feet, having a radius of 11334.20 feet, a delta of 03°31'52" and a chord of 698.40 feet bearing N 88°16'27"W along said north right-of-way to the east right-of-way of Weld County Road 13; thence N42°59'42"W a distance of 72.28 feet along said east right of way; thence N00°31'42"E a distance of 130.95 feet along said east right of way; thence N03°50'19"E a distance of 241.07 feet along said east right of way; thence N39°43'17"E a distance of 149.94 feet along said east right of way; thence S72°16`59"W a distance of 114.43 feet along said east right of way; thence N00°31'42"E a distance of 2050.99 feet along said east right of way to the north line of the southwest 1/4 of said section 7; thence N89°35'56"E a distance of 2455.46 feet along said north line to the center 1/4 corner of said section 7; thence N01 °35'27"E a distance of 2627.15 feet along the west line of the northeast 1/4 of said section 7 to the south right-of-way of Weld County Road 60; thence N89°42`36"E a distance of 2660.45 feet along said south right-of-way to the east right of way of said Weld County Road 15; thence S02°33`49"W a distance of 2623.92 feet along said east right-of-way to the north line of the southwest 1/4 of said section 8; thence N89°37'23"E a distance of 2168.46 feet along the north line of said southwest 1/4; thence S41 °33`03"W a distance of 2349.74 feet; thence S69°31'48"W a distance of 2443.20 feet to the POINT OF BEGINNING. Containing 505.59 acres (22,023,347 sq.ft.), more or less, and being subject to all easements and rights of way of record. DSOR WINDSOR COLORADO ANNEXATION IMPACT REPORT ZEILER FARM FIRST AND SECOND ANNEXATIONS AND ZONING APPLICATION The parcels proposed for annexation contain approximately 616 acres generally located in Section 7 and Section 8, Township 5 North, Range 67 West; or the northeast corner of County Line Road and US 34 in Weld County, Colorado. 1) (a) Please see the enclosed vicinity map for present and proposed municipal boundaries. (b) Please see the enclosed Town of Windsor East Side Sanitary Interceptor -2000 map for current and proposed infrastructure (see also Item #3 below). (c) Please see the enclosed land use map for the current and proposed land use patterns of the annexations. 2) The application materials did not include a draft or final pre -annexation agreement as the Town of Windsor does not require a pre -annexation agreement unless such an agreement is determined to be necessary during the initial review. 3) Municipal services will be provided as follows: ➢ Water — The Town of Windsor will provide potable water service to the proposed development. The potable water system will be constructed solely at the developer's expense. A non -potable irrigation system will be required to be constructed solely at the developer's expense in order to reduce the amount of potable water required. ➢ Sewage Disposal — The Town of Windsor will provide sanitary sewer service to the proposed development. All necessary sewage disposal improvements shall be constructed by the developer solely at the developer's expense. ➢ Drainage Facilities — Drainage infrastructure per the Town's requirements is to be constructed by the developer solely at the developer's expense. ➢ Fire Protection — Windsor -Severance Fire Protection District ➢ Police Protection — Town of Windsor Police Department ➢ School — Weld County School District RE -4 (enclosed please find an Impact Statement from the School District dated May 5, 2009). 4) Installation and financing of infrastructure extensions, as well as any applicable reimbursements for previously oversized infrastructure to serve the subject property, shall be the sole responsibility of the developer. 5) Enclosed please find a list identifying all existing districts within the area to be annexed. 6) Enclosed please find an Impact Statement from the Weld County School District RE -4. All development proposals are required to comply with the Town of Windsor Comprehensive Plan, Zoning and Subdivision Ordinances and applicable Corridor Plans. Diana Aungst, AICP, <i ssociate Planner Date ANNEX IMPACT REPORT / 5 klahoma Re). WCR 60�., u, ce } Zeiler Farms First,X and Second Annexrations t— - HWY34' _ 1 T �_ f_ ...�..- v4 11 I r \ ; l ! ��i 1.1-1 WCR 60 2 ,‘..%„,...%..♦ \ ♦♦♦\♦♦• ♦• ♦ ♦ ♦ ♦ \♦♦♦\♦ ♦ ♦♦\\♦♦'\♦\♦♦ ♦♦• ♦ • \•♦\♦♦♦ % %%%tr%•%•\•%• ♦♦\\%♦♦\♦♦♦♦\\♦♦\♦♦♦\\♦♦♦\♦♦♦♦♦,♦♦\♦♦♦\♦♦\%•%.. \\`,♦\ ♦\♦\\\♦♦♦\♦♦♦♦\♦♦\\♦ \ ♦ ♦♦♦♦\♦♦♦♦♦♦♦ \ ♦ \ \ ♦♦\♦\♦♦♦ ♦\♦♦♦♦\ ' ♦♦\\♦ ♦♦♦♦♦♦♦♦♦♦♦♦ ♦ ♦ \ p\♦\♦♦\♦♦♦♦♦♦♦\♦♦♦\♦\♦♦♦♦♦♦♦♦♦♦♦♦♦♦\\ .,♦ ♦ ♦•♦ ♦ ♦♦\♦♦♦\♦ ♦ ♦ ♦ ♦ \\♦♦♦♦ ♦♦♦♦\♦♦♦♦♦\♦♦♦♦♦♦%%••••••-• ♦ ♦ ♦♦♦♦♦♦♦•♦ ♦ ♦ \♦♦♦\\♦♦♦♦♦\ ♦♦♦♦♦♦♦♦\♦♦♦\♦ ♦ ♦♦♦♦ • i,♦\\1•\♦♦♦♦ e`♦♦♦\♦'♦♦♦♦♦\♦♦♦r♦♦♦♦♦5\♦♦♦♦♦♦♦.`\♦♦♦♦\♦\♦♦\♦♦\r♦\♦♦• %,\ �r �S�—_."3 .>.: s—I-t_'L 1 J C t. 1_S..' .r•.r 1.> >. r ♦�••.'\ HWY•34 LEGEND Low Density Estate Single Family Residential (E -I) High Density Estate Single Family Residential (E-2) Single Family Residential W. Multi -Family Residential . Residential Mixed Use ma Commercial & General Commercial Central Business District Via Employment Corridor . Light Industrial . Heavy Industrial - Schools -g� Other Public/Semi Private isCommunity Separator • Extraction &Flo dpains pen Space, Mineral Bluff Region niLakes, Rivera, Ditches Community Influence Area a Growth Management Area Arterial Entryways ®Weld County zoning A (Agricultural) ®Weld County zoning I -I (Industrial) Zeiler Farm First and Second Annexations Created: 13/08; DLA; G:\Projects\Planning\mxdkLand Use Maps \Land Use Map For New Annexations ZEILER FARMS FIRST ANNEXATION and ZEILER FARMS SECOND ANNEXATION STATEMENT OF COMMUNITY NEED The proposed Zeiler Farms First Annexation and Zeiler Farms Second Annexation (referred together as the "Annexations") include a total of approximately four (4) quarter sections or 619.50 acres of land. Three quarter sections of the Annexations are located adjacent to US Highway 34, are traversed by railroad lines and are in close proximity to Loveland, Greeley, Johnstown and Interstate 25. The applicants propose to zone this property as Limited Industrial IL to allow for the development pursuant to an approved master plan of a variety of light industrial, manufacturing, research and commercial uses. The fourth quarter section of the Annexations is proposed to be zoned RMU, to provide for the development pursuant to an approved master plan of a variety of housing types and neighborhood services for the community at large and specifically for employees of the industrial and commercial uses in the developing US Highway 34 corridor. Annexation and development of the Annexations in the manner proposed will be consistent with Windsor Comprehensive Plan goals to provide opportunities for mixed -use development and to encourage commercial and industrial development to strengthen its tax base, increase revenue sources and provide high -quality employment opportunities for its residents. In addition, annexation and development of the Annexations in the manner proposed furthers the objectives of the Intergovernmental Agreement By and Between the City of Greeley and Town of Windsor dated May 6, 2008 to provide a mix of regional employment opportunities along the US Highway 34 corridor. EDUCATION FOR LIFE W iNDSoR Diana Aungst Tom) of Windsor Planning Department 301 Walnut Street Windsor, CO 80550 RE: Zeiler Farms Comprehensive Master Plan -- May 2009 update Dear Ms. Auncst: Stephanie IL Watson Assistant Stiperintendetit Business SCMCci The above referenced Comprehensive Master follows the previous annexation application and shows a slight adjustment to the number of housing units proposed. The comprehensive master plan proposes approximately 75 acres (net of parks and open space) of Residential property and along with the General Commercial and Light Industrial property located north of Colorado State highway 34 and west of Weld County Road 15. Based upon the application, the number of housing units proposed consists of 78 single family detached units and 76 duplex units for a total of 154 homes, very close to the original 158 units submitted with the annexation plan. Based upon the new information, the following student generation is anticipated: School Type (Grades Served) Students Elementary (K-5) 59 Middle (6-8) 30 Senior High (9-12) 34 Total 123 This level of student generation results in the need for 3.24 acres of land necessary to support the school facilities required to serve these students, However, District Re -4 requests cash-in-Iieu of land at the current market value of land within the area for each unit. Should the land use of the project change, the District requests the opportunity to respond to any proposed land use changes. The previous concerns and recommendations provided by the School District regarding this annexation still apply. Your continuing cooperation is sincerely appreciated, as is the opportunity to comment upon issues of interest to the Town, the School District and our mutual constituents. Should you have questions or desire further information, please contact me at your convenience. Sincerely, sAep omit g.l sk-fiCY\ Stephanie It. Watson Assistant Superintendent of Business Services WELD COUNTY SCHOOL DISTRICT RE -4 Business Services 1020 Alain Street. • P.O. Brix 609 • Windsor, CO 80550 • {970) 686-8000 • Fax (970) 686.5280 WELD CO. SCHOOL DISTRICT RE -4 1020 MAIN STREET WINDSOR, CO 80550 WINDSOR/SEVERANCE LIBRARY DISTRICT 720 3RD STREET WINDSOR, CO 80550 BIG THOMPSON CONSERVATION DISTRICT ATTN: LISA BUTLER PO BOX 4411 BERTHOUD CO 80513 NORTHERN COLORADO WATER CONSERVANCY DISTRICT 220 WATER AVENUE BERTHOUD, CO 80513 WINDSOR/SEVERANCE FIRE PROTECTION DISTRICT 100 SEVENTH STREET WINDSOR, CO 80550 AIMS COMMUNITY COLLEGE ATTN: CAROL HOGLUND CHIEF BUSINESS OFFICER 5401 W 20TH STREET GREELEY CO 80631 WELD COUNTY PLANNING DEPT. 918 10TH STREET GREELEY, CO 80631 WELD COUNTY ATTORNEY PO BOX 758 GREELEY, CO 80632 WELD COUNTY ENGINEERING DEPT. P.O. BOX 758 GREELEY, CO 80631 WELD COUNTY COMMISSIONERS PO BOX 728 GREELEY, CO 80634 CITY OF GREELEY PLANNING DEPARTMENT ATTN: REBECCA SAFARIK 1000 10TH STREET GREELEY CO 80631 File contains oversized map Please see original file Hello