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HomeMy WebLinkAbout20090036.tiffANNEXATION REFERRAL TO: Weld County Commissioners FROM: Diana Aungst, AICP Associate Planner PROJECT: Anglin Annexation and Zoning Request DATE: December 18, 2008 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 Wednesday, January 21, 2009 and the Windsor Town Board will hold a public hearing at 7:00 p.m. on Monday, January 26, 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 copy of the annexation map, please check here: At the time the planning department mails all such copies, your agency will be billed for postage and these reproduction costs. 11 'x,4 c �e-VictlJ -O9 tl atsg cir) 2009-0036 TOWN OF WINDSOR RESOLUTION NO. 2008 - 86 BEING A RESOLUTION MAKING CERTAIN FINDINGS OF FACT CONCERNING THE ANGLIN 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 ANGLIN ANNEXATION WHEREAS, the Town Clerk has received a petition filed by Man Caves, LLC to annex to the Town of Windsor certain real property known as the "Anglin 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; NOW, THEREFORE, IT IS FOUND AND RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: 1. 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 "Anglin Annexation," more fully and particularly described within said petition. 2. That the Town Board finds that the aforesaid petition is in substantial compliance with Section 31-12-107(1), C.R.S. 3. 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. 4. That a public hearing shall be held before the Planning Commission at 7:00 p.m. on Wednesday, January 21, 2009, at the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. 5. That a public hearing shall be held before the Town Board at 7:00 p.m. on Monday, January 26, 2009, at the Windsor Town Hall, 301 Walnut Street, Windsor, Colorado. 6. 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 Si" day of December, 2008. TOWN OF WINDSOR, COLORADO By: ATTEST: Patti GarciWP.wn Clerk ANNEXATION PETITION ANGLIN ANNEXATION (I, We) the landowner(s) of more than 50% of the territory, excluding public streets and alleys, described on "Exhibit "A" hereto containing 3.00 acres more or less, allege the following to be true and correct: The perimeter of the proposed annexation has a distance of 1632.40 feet, of which 714.47 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR. We further allege: 1. It is desirable and necessary that said territory be annexed to the TOWN OF WINDSOR. 2. A community of interest exists between the said territory and the TOWN OF WINDSOR. 3. Said territory is urban or will be urbanized in the near future. 4. Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. 5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 6. No land held in identical ownership comprises 20 acres and together with improvements had an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition. 7. No proceedings for annexation of the territory have been commenced for annexation to another municipality. 8. The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed exclusive of streets and alleys, and are in fact owners of 100% of the hereinafter described property. Therefore, the undersigned hereby request that the TOWN OF WINDSOR approve the annexation of the area described above and do herewith pay the required fees. In addition to the annexation, the undersigned request the zoning of Limited Industrial (I -L) for the above described property. Date J�-13-®7 Owners Signature Mailing Address Man Caves, LLC 12642 Midpoint Drive Fort Collins CO 80525 By:��" 4C), EXHIBIT "A" LEGAL DESCRIPTION ANGLIN ANNEXATION A PARCEL OF LAND SITUATE IN THE SOUTHEAST QUARTER OF SECTION 33, TOWNSHIP 6 NORTH, RANGE 67 WEST, OF THE 6TH P.M.; COUNTY OF WELD, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 33 AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 33 TO HAVE AN ASSUMED BEARING OF N13°35'08"W WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 33, N13°35'08"W, 374.64 FEET; THENCE DEPARTING SAID SECTION LINE, S76°24'52"W, 40.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 257 AS SET FORTH ON THE DOCUMENT RECORDED AT BOOK 996, PAGE 620 IN THE WELD COUNTY CLERK AND RECORDER'S OFFICE, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE S13°35'08"E, 74.55 FEET; THENCE S84°10'39"W, 622.44 FEET TO A POINT ON THE EASTERLY BOUNDARY LINE FOR THE POUDRE TECH CENTER ANNEXATION RECORDED DECEMBER 27, 1990 AT RECEPTION NUMBER 02236969, SAID POINT ALSO BEING ON THE EASTERLY LINE OF THE RIGHT-OF-WAY FOR GREAT WESTERN RAILWAY; THENCE ALONG THE EASTERLY BOUNDARY LINE OF SAID POUDRE TECH CENTER ANNEXATION AND GREAT WESTERN RAILWAY RIGHT-OF-WAY, 109.65 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 2,904.83 FEET, A CENTRAL ANGLE OF 02°09'46", AND A CHORD WHICH BEARS N10°41'40"E, 109.65 FEET TO A POINT ON THE SOUTHEASTERLY BOUNDARY LINE OF WATER VALLEY SOUTH SUBDIVISION RECORDED AT RECEPTION NUMBER 3178243; THENCE ALONG THE SOUTHEASTERLY BOUNDARY LINE OF SAID POUDRE TECH CENTER ANNEXATION AND WATER VALLEY SOUTH SUBDIVISION, THE FOLLOWING FOUR (4) COURSES: 1. N69°24'51"E, 139.59 FEET; 2. N35°48'51"E, 87.70 FEET; 3. N61°12'51"E, 242.20 FEET; 4. N87°32'51"E, 135.33 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 257; THENCE ALONG SAID RIGHT-OF-WAY LINE, S13°35'08"E, 220.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3.00 ACRES (130,760 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS -OF -WAY, EASEMENTS, AND RESTRICTIONS OF RECORD, OR THAT NOW EXIST ON THE GROUND. VICINITY MAP NOT TO SCALE f�000 CI 00L LEGEND Low Density Estate Single I Family Residential (E-1) Vf High Density Estate Single Family Residential (E-2) 1 Single Family Residential Multi -Family Residential Residential Mixed Use N. Neighborhood & General Commercial { Central Business District Employment Corridor la Light Industrial - Heavy Industrial Schools Other Public/Semi Private INVCommunity Separator miParks, Open Space, Mineral Extraction & Floodplains Bluff Region Lakes, Rivers, Dilches Windsor, Greeley, Severance IGA Referral Area I Community Influence Area lam- Growth Management Area ObArterial Entryways "`"""s Weld County zoning I I (Industrial) Created: 12/9/08; DLA; G/Prolects/Plammng/mxd\Land Use Maps \ and Use Map For New Annexations --Ripley/ SSOCIATES INC Landscape A2hltecture Urban Des en Planning Anglin Annexation Master Plan Statement of Community Need December 14, 2007 Project Description Man Caves, LLC is requesting annexation of the Anglin Property to the Town of Windsor, Colorado. The project is located at 8995 Weld County Road 62 and is bordered by the Great Western Railroad tracks to the west and Highway 257 to the east. The property currently contains a house and various outbuildings. The site totals approximately 2.65 acres and is planned, along with approximately 8.8 acres to the north, to be part of an indoor storage unit project. The requested zoning will be I -L, Limited Industrial. This application is concurrent with a rezoning request from I -H to I -L for the 8.8 -acre property to the north, known as Rezoning of Tract N Water Valley South Subdivision. The site will be accessed off of WCR 62 from the south, with a second emergency access to Crossroads Boulevard. The storage units will be indoor storage only and will be a variety of sizes, ranging from 10' x 10' units to 32' x 40' units. The larger units, also known as "Man Caves", comply with the growing trend of the garage condo concept. The units are sold instead of rented and are equipped with heating and air conditioning and are intended not only for storage of cars, boats, and other toys, but people can work on their cars or even have a business from these units. There is also a tract of land on the master plan indicating a future industrial building. The project will comply with landscape screening and setback standards per the Town of Windsor's Land Use Manual. Consistency with Comprehensive Plan The developers of the Anglin Annexation Master Plan believe that the project exemplifies many of the goals and policies of the Comprehensive Plan. Annexation Goals and Policies. The land being annexed is logically and appropriately located adjacent to a commercial/industrial area and a state highway and is compatible with surrounding land uses. Overall Land Use Goals and Policies. The proposed annexation is a good example of an infill project, is contiguous to existing commercial and light industrial planned development (Water Valley Crossing) and will be able to provide services for the residents living in adjacent neighborhoods. Commercial and Industrial Land Use Goals and Policies. The development of indoor storage units will help reinforce Windsor's tax base. In addition, the storage units will continue the trend of providing goods and services to the surrounding neighborhoods by blending retail commercial, and light industrial uses. Phone 970 22445528 Pax 970.224 1562 401 Wooto Mountain 4te Suite 201 Fort Collins. CO 80521-2004 vfripley. corn TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street, Windsor, CO 80550 Phone: 970-674-2436; Fax: 970-686-7180 For office use only: Project ID No 7 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: X ANNEXATION X 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*: Anglin Annexation 23572B PT SE4SE4 33-6-67 BEG INTSEC OF E RAJ GW RR & N RM/ CO RD N10D52'E 81' TO PT 10'S OF EATON DITCH N69D34'E 140.8' N35D58'E 87.7' N61 D22'E 242.2' N87D42'E 144.4' TO W LEGAL DESCRIPTION*: RM/ HWY 257 S13D13'E 220.7' S42D34'W 72.7' TO N R/W LN CO RD 584033W 559.4 STATUS: (for MAJOR SUBDIVISIONS and SITE PLANS only) Preliminary Final PROPERTY ADDRESS (if available): 8995 WCR 62 PROPERTY OWNER (APPLICANT): Owner's Name(s)*: Man Caves, LLC Company: C/o Dohn Construction, Inc. Address*: 2642 Midpoint Drive, Fort Collins CO 80525 Primary Phone #*: 970.490.1855 Secondary Phone #: Fax #*: 970.490.6093 E-Mail*:ddohn@dohnconstruction.com OWNER'S AUTHORIZED REPRESENTATIVE: Representative's Name: Cathy Mathis Company: VF Ripley Associates Address: 410 West Mountain Avenue, Suite 201, Fort Collins CO 80521 Primary Phone #: 970.224.5828 Secondary Phone #: 970.498.2981 Fax #: 970.224.1662 E-Mail:cmathis@vfavfr.com 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 submitted with or contained within the application are true and correct to the best of my knowledge. OS_IL I2-13-0 Signature: Owner or Owner's Authorized Representative** Date "'Proof of owner's authorization is required with submittal if signed by Owner's Authorized Representative. Print Nane(s) *Required fields TOWN OF WINDSOR PLANNING DEPARTMENT 301 Walnut Street, Windsor, CO 80550 Phone: 970-674-2436; 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: Weld County I-1 PROPOSED ZONING: I -L Limited Industrial TOTAL ACREAGE: 2.65 ac. TOTAL # OF PROPOSED LOTS: n/a AVERAGE LOT SIZE: n/a MINIMUM LOT SIZE: n/a TOTAL # OF PROPOSED PHASES: n/a ACREAGE PER PHASE: n/a LOTS PER PHASE: n/a PARKLAND (sq. ft. & acreages): n/a PARKLAND (public or private): n/a IRRIGATION WATER (potable or non -potable): UTILITIES TO BE PROVIDED BY: WATER: Town of Windsor SEWER: Town of Windsor GAS: Atmos Energy ELECTRIC: REA PHONE: Qwest 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: WELD CO. SCHOOL DISTRICT RE -4 1020 MAIN STREET WINDSOR, CO 80550 WINDSOR/SEVERANCE LIBRARY DISTRICT 720 3RD STREET WINDSOR, CO 80550 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 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 WEST 9TH STREET ROAD GREELEY, CO 80634 WELD COUNTY ATTORNEY PO BOX 758 GREELEY, CO 80632 WELD COUNTY ENGINEERING DEPT. P.O. BOX 758 GREELEY, CO 80631 WELD COUNTY CLERK AND RECORDER 1402 N. 17TH AVE. GREELEY, CO 80631 WELD COUNTY COMMISSIONERS PO BOX 758 GREELEY, CO 80631 NOTICE OF PUBLIC HEARINGS The Windsor Planning Commission will hold a PUBLIC HEARING on Wednesday, January 21, 2009 at 7:00 p.m. and the Windsor Town Board will hold a PUBLIC HEARING on Monday, January 26, 2009 at 7:00 p.m. in the Board Room of Town Hall, 301 Walnut Street, Windsor, Colorado to receive public comments on an annexation to the Town of Windsor of approximately 3 acres known as the Anglin Annexation located on the northeast corner of WCR 62 and the Great Western Railroad tracks and west of and adjacent to State Highway 257, in the southeast quarter of Section 33, Township 6 North, Range 67 West of the 6`h P.M in Weld County. Interested citizens are invited to attend and provide comments on this proposal. This information is available for public inspection at The Windsor Planning Department, 301 Walnut Street, Windsor, Colorado during the Town's normal business hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, exclusive of holidays. Prior to coming to the office, you may wish to call the Planning Department at 674-2436 for an appointment to ensure that this information and staff are readily available to assist you. Patti Garcia Town Clerk Published in the Windsor Now: December 5, 2008; December 12, 2008; December 19, 2008 and December 26, 2008. NOTE TO WINDSOR NOW: CONTACT: LEGAL NOTICE Peggy Tremelling Planning Technician Town of Windsor 674-6420 E-MAIL TO WINDSOR NOW DATE: December 1, 2008 LARGE MAPS AVAILABLE FOR VIEWING AT THE CLERK TO THE BOARD'S OFFICE, IN THE PUBLIC REVIEW FILE. Hello