HomeMy WebLinkAbout20060546.tiff t 'Aa
City of
Greeley
Fe. • .ry13, 2006
Weld County Board Of Commissioners
915 10th Street
Greeley, Co 80631
To whom it may concern:
The Greeley City Council received a petition for annexation of property located generally north
of U.S. Highway 34 and east of the Cherry Avenue Alignment.
Your taxing jurisdiction/district is listed as being one of which the territory proposed for
annexation is a part. A public hearing will be held on Tuesday, March 21, 2006, to determine
whether this property is eligible for annexation.
A copy of the notice of public hearing, a copy of the resolution which sets the public hearing, and
a copy of the petition(s) as filed are attached. As indicated in the notice and resolution, the
public hearing will be held:
March 21, 2006
6:30 p.m.
City Council Chambers
Public Safety Building
919 7`h Street
Greeley, Colorado
If additional information is desired or if you have questions, please call the City Clerk's Office at
970.350.9743.
Sincerely,
1i
Cheryl Aragon, CMC
Deputy City Clerk
Attachments
Notice of Public Hearing
Resolution
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NOTICE
Notice is hereby given that the City Council of Greeley, Colorado, will hold a public hearing on a
proposed annexation of territory to the City of Greeley. The hearing shall be held on March 21,
2006, in the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of
Greeley,Colorado,beginning at 6:30 p.m.or as soon thereafter as the matter can be heard by the City
Council on that date. The purpose of the hearing is to determine whether said properties are eligible
for annexation under Colorado law. Persons wishing to examine the annexation petition,resolution,
and any exhibits thereto, may do so at the office of the City Clerk during business hours. This
territory is described in an annexation petition which has been filed with the City Clerk as:
• The"Denzel Annexation No. 4" located generally north of U.S. Highway 34 and east of
the Cherry Avenue Alignment.
Dated this 7th day of February, 2006.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 4, 2006
A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH STATE
ANNEXATION LAWS FOR PROPERTY KNOWN AS THE DENZEL
ANNEXATION NO. 4 LOCATED GENERALLY NORTH OF U.S. HIGHWAY 34
AND EAST OF THE CHERRY AVENUE ALIGNMENT.
WHEREAS, Gregory D. and Amber Jean Denzel, submitted a petition to the City of
Greeley for annexation of property located north of U.S. Highway 34 and East of the
Cherry Avenue alignment in Weld County, Colorado known as the"Denzel Annexation
No. 4",more specifically described as Exhibit A; and
WHEREAS, the City of Greeley staff has found substantial compliance of the
annexation petition in conformance with C.R.S., § 31-12-101, et seq.;
WHEREAS, C.R.S., § 31-12-108 requires that the City Council establish a date, time,
and place to hold a hearing to determine if the proposed annexation complies with § §
31-12-104 and 31-12-105, or such parts thereof, to establish eligibility for annexation to
the City of Greeley; and
WHEREAS, the City Clerk shall deliver notice and publish the date, time, and place
for said hearing.
NOW THEREFORE, BE IT RESOLVED BY THE GREELEY CITY COUNCIL OF
THE CITY OF GREELEY, COLORADO.
1. The annexation petition is found to comply with C.R.S., § § 31-12-104 and 31-12-
105.
2. The public hearing for consideration of the proposed annexation petition is hereby
set for March 21, 2006, at the Greeley City Council Chambers, 919 7th Street,
Greeley, Colorado, during a regular City Council meeting beginning at 6:30 p.m.
3. The City Clerk is hereby authorized to publish and notify required parties
pursuant to C.R.S., § 31-12-108(2).
4. This resolution shall become effective immediately upon its passage.
PASSED, AND ADOPTED, SIGNED AND APPROVED this 7th day of February,
2006.
ATTEST: THE CITY OF GREELEY, COLORADO
By:
City Clerk Mayor
DENZEL ANNEXATION NO 4
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SE a OF THE SW a OF SECTION 15, T. 5 N. , R. 65
W. OF THE 6T" P.M. , COUNTY OF WELD, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID SE a, SW . OF SECTION 15; THENCE N
89°47' 39" E ALONG THE NORTH LINE OF THE SAID SE , SW ;1 AND A LINE OF DENZEL
ANNEXATION NO. 3, 1262.26 FT. TO A POINT ON THE WEST BANK OF THE SOUTH PLATTE
RIVER; THENCE S 49°31' 29" W ALONG THE SAID WEST BANK, 812. 69 FT. TO A POINT ON
THE NORTH R.O.W. LINE OF STATE HIGHWAY NO. 34, GREELEY BY-PASS, EAST; THENCE S
87°47' 38" W ALONG THE SAID NORTH R.O.W. LINE, 642.09 FT. TO A POINT ON THE
WEST LINE OF THE SAID SE a, SW . OF SECTION 15 AND A CORNER OF DENZEL
ANNEXATION NO. 3; THENCE N 0°15' 18" W ALONG THE SAID WEST LINE AND A LINE OF
DENZEL ANNEXATION NO. 3, 547.72 FT. TO THE NW CORNER OF SAID SE <, SW a OF
SECTION 15 AND THE POINT OF BEGINNING, CONTAINING 11.65 ACRES MORE OR LESS.
PETITION FOR ANNEXATION
DENZEL ANNEXATION NO. 4
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY,
COLORADO:
The undersigned, in accordance with Title 31, Article 12, Chapters 101 et. seq.,Colorado
Revised Statutes, 1973, as amended, hereby petition the City Council of the City of Greeley for
annexation to the City of Greeley of the territory described herein and described and shown on
the map designated, " Denzel Annexation No. 4" Annexation. The applicable number of said
map(at least four) are submitted herewith and by this reference are incorporated herein. The
description of the territory hereby petitioned for annexation to the City of Greeley is set forth in
Exhibit A attached hereto and incorporated herein by reference.
In support of this petition, the Petitioner(s) allege(s)that:
1. It is desirable and necessary that the above-described territory be annexed to the City of
Greeley.
2. The requirements of Section 31-12-104 and 31-12-105 of the Colorado Revised Statutes
exist or have been met in that:
A. Not less than one-sixth(1/6) of the perimeter of the area proposed to be annexed
is contiguous with the City of Greeley.
B. A community of interest exists between the territory proposed to be annexed and
the City of Greeley.
C. The territory sought to be annexed is urban or will be urbanized in the near
future.
D. The territory sought to be annexed is integrated or is capable of being integrated
with the City of Greeley.
3. In establishing the boundaries of the territory proposed to be annexed, no land held in
identical ownership, whether consisting of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate, has/have been divided into separate parts or
parcels of real estate without the written consent of the land owner or land owners thereof,
except and unless where such tracts or parcels are already separated by a dedicated street,
road, or other public way.
4. In establishing the boundaries of the territory proposed to be annexed, no land held in
identical ownership, whether consisting of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate comprising twenty(20) acres or more which,
together with the buildings and improvements situated thereon have an assessed valuation
in excess of$200,000 for ad valorem tax purposes for the year next preceding the filing of
the written petition for annexation, has/have been included within the territory proposed to
be annexed without the written consent of the land owner or land owners.
5. The territory proposed to be annexed does not include any area which is the same or
substantially the same area in which an election for an annexation to the City of Greeley
was held within the twelve months preceding the filing of this petition.
6. The territory proposed to be annexed does not include any area included in another
annexation proceeding involving a city other than the City of Greeley.
7. The territory proposed to be annexed is not presently a part of any incorporated city, city
and county, or town.
8. The property owned by each petitioner is described on each separate signature sheet and,
when needed, described more fully in the exhibits attached hereto and incorporated herein
by reference.
9. The signer(s)of this petition comprise(s) more than fifty percent(50%) of the land owners
and owning more than fifty percent (50%)of the property, excluding public streets and
alleys, and any land owned by the annexing municipality, and are, in fact, owners of one
hundred percent(100%)of the property set forth in Exhibit A attached hereto and
incorporated herein by reference.
Accompanying this petition are the original and four copies of an annexation plat map
containing the following information:
A. A written legal description of the boundaries of the area proposed to be annexed.
B. A map showing the boundary of the area proposed to be annexed.
C. Within the annexation boundary map, an identification of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the
boundaries and the plat numbers of plots or of lots and blocks. Also within the
boundary map, identification of any special districts the area proposed to be
annexed may be part of.
D. Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the annexing municipality and the contiguous boundary
of any other municipality abutting the area proposed to be annexed.
E. A surveyor's certificate prepared by a registered land surveyor that attests to the
preparation of the map and certifies at least one-sixth(1/6) contiguity to the City
of Greeley.
F. Acceptance block describing the acceptance action of the City of Greeley in form
and substance as provided in Appendix A of the Subdivision Regulations of the
City of Greeley and providing for the effective date and City Clerk and Mayor
attest signatures.
10. Except as otherwise provided, no part of the territory sought to be annexed is more
than three miles from a point on the municipal boundary, as such was established more
than one year before this annexation will become effective.
11. As an expressed condition of annexation, land owner(s) consent(s)to inclusion into the
Northern Colorado Water Conservancy District and the municipal subdistrict pursuant to
Section 37-45-136 (3.6) C.R.S. Land owner(s) acknowledge(s)that, upon inclusion into
the district and subdistrict, land owner's(s')property will be subject to the same mill
levies and special assessments as are levied or will be levied on other similarly situated
property in the district and subdistrict at the time of inclusion of land owner's(s) lands.
Land owner(s) agree(s)to waive any right to an election which may exist to require an
election pursuant to Article X, Section 20, of the Colorado Constitution before the district
and subdistrict can impose such mill levies and special assessments as it has the authority
to impose. Land owner(s)also agree(s)to waive, upon inclusion, any right which may
exist to a refund pursuant to Article X, Section 20, of the Colorado Constitution.
THEREFORE, the undersigned respectfully petition(s) and requests the City Council of the City
of Greeley, to approve annexation of the territory described and referred to in Exhibit A to the
City of Greeley in accordance with and pursuant to the statutes of the State of Colorado.
Land Owner(s)Name(s)and Signaturets1 Mailing Address Date of Signing
_ 727 East 27th Street, Greeley 111 1'.s'
Gregory D, Denzel
nJei pLo a4;-rii 727 East 27th Street, Greeley $/9,a/os—
Amber Jean Denzel
The foregoing signature(s)was/were sub ;7 ) 14..,' 'i. before me this , �9--day of ( , 20
(, by s N' 4
i PATRICIA L. ti
i E MILLER 1 5
01.Witness my hand and official seal. li( ..A... ..t)
II PatL(!'(it .X 7ri( 9_-7 A•,._,_L. -.n expires !o/*/Dfp •
Notary Public wo wss1aiEXPIREs to-7420
Land Owned
See attached legal description:
If necessary, attach separate sheet.
AFFIDAVIT OF CIRCULATOR
STATE OF COLORADO )
) ss.
COUNTY OF WELD )
J. Clifford Mckissack being first duly sworn, states upon oath that he/she is the circulator of the petition to which
this Affidavit is attached and knows of his/her own knowledge that the signature of each land owner appearing on
said petition is the signature of the rson whose name it purports it to be.
(S. to f i lator)
The foregoing Affidavit was subscribed :.:7;`lrlp j: fore me this a a day of 4 v7 , 20 or by
J. Clifford McKissack. �'ap:: " " NC"
PATRICIA L. ti
Witness my hand and official seal. ,k. MILLER ct{ J
My commission expires """a'''
Notary Public
OENZEL ANNEXATION NO. 4
TO THE CITY OF GREELEY, COLORADO
NARRATIVE
The proposed Denzel Annexation No. 4 consists of a 11.65 acre parcel of land located north of U.S.
Highway 34 Bypass, east of Cherry Avenue and south of East 24m Street. The subject property is an
unplatted parcel of ground at reception number 3148433 and lies within the south '/z of the southwest%
of Section 15, Township 5 North, Range 65 West of the 6th Principal Meridian, County of Weld, State of
Colorado.
The proposed annexation is adjacent to Denzel AnnexationNo. 3 which was recently annexed into the City.
The owners believe that the proposed Denzel Annexation No. 4 complies with the criteria for annexation contained in section
18.26.050.A.1-5 of the Development Code: (1) The proposed annexation is in conformance with the City's Comprehensive
Plan; (2)the proposed annexation promotes the geographical balance of the City's land-use pattern; (3)adequate services
are or will be available to support the development expected to result from the proposed annexation; (4)the proposed
annexation provides for a continued and rational City boundary; and (5)the proposed annexation is needed to accommodate
future land-use requirements.
The total perimeter length measures 3264.76 feet, 1809.98 feet of which is contiguous to the existing City limits, for a ratio of
1:1.667, which is within that required by state statutes.
The property is currently zoned agricultural in Weld County. Surrounding land uses are U.S. Highway 34 Bypass right-of-way
to the south, undeveloped vacant land to the west and north that is within the City limits, single family agricultural to the east
in Weld County.
The property owner of the proposed annexation lives in the house on the west side of the existing lake immediately west of
the proposed annexation. The existing lake is used primarily for water ski sports. It is a private lake and not used of
commercial purposes. Currently there are approximately six members that use the lake for water ski sports. The City has
approved RE and CD zoning on the property to the west and north and are currently reviewing a Preliminary Plat(Terra Ceia
Estates)submittal for these properties that are also owned by the Denzel's This property when annexed and zoned will
become a part of the platting of that property. There are no oil or gas wells on the property.
The proposal also complies with the City's Comprehensive Plan in that it lies within the City's Long-Range Expected Growth
Area, the area which the City is expecting to grow within the next 20 years,the Mid-Range Expected Service Area,the area in
which a full range of municipal services is expected within the next 5 years, as well as the Urban Growth Area,where a full
complement of land uses is eventually expected at urban densities.
The proposed annexation would promote the geographical balance of the City's land-use pattern in that it would provide for
additional development in the City's southeastern quadrant. it would not expand the outer municipal boundaries beyond what
is anticipated for development.
The proposed annexation will provide for a rational and continual City boundary.
There is a portion of an existing lake within the western portion of the proposed annexation.The 100-year floodplain as
mapped by the Federal Emergency Management Agency exists within the lake. A return to stream ditch from the Greeley
Number 3 irrigation ditch traverses the north property line of the proposed annexation.Access to the property is anticipated to
be from the existing driveway that access US 34 By-pass frontage road approximately''/. mile west of the property.
The proposed annexation is included in the following special or taxing districts: School District No. 6, NCW Water, CCW
Water, CCS Water, Western Hills Fire,Aims Junior College, Weld County Library.
The proposed land uses for the entire this parcel of ground include single family residential, open space and conservation
district.
It is intended to include the proposed annexation in the Northern Colorado Water Conservancy District and Sub district.
CITY OF G.EELEY ANNEXATION INFORMATION SHEET
The following information is required to process the annexation of land into the City of Greeley. This sheet must
be attached to a completed annexation petition.
TO BE COMPLETED BY APPLICANT Date
1. Name of Annexation: Denzel Annexation No. 4
2. Name of Property Owner(s) Gregory D. and Amber Jean Denzel
3. Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary):
Property has no street address.
4. Person to Contact (Name, Address and Phone)
J. Clifford Mckissack, 8300 Garland Drive, Arvada, 80005, 303-431-1921
5.Size(in acres) 11.65 Acres
6.Sites larger than 10 acres require(as per C.R.S. 31-12-108.5, amended) an annexation impact report. The
annexing body and the County Commissioners may agree to waive such report, but a letter to that effect must
accompany this petition.
Check One: [X] Land Owner-Initiated
[ ] Municipally Owned (C.R.S. 31-12-106)
[ ] Enclave(C.R.S. 31-12-106)
6. Attach a list of all special districts(including school districts) of which the territory proposed for annexation
is part.
7. Attach a list of all residents(and their addresses) of the territory proposed for annexation who are not land
owners.
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DENZEL ANNEXATION NO 4
LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SW '/s OF SECTION 15, T.
5 N., R. 65 W. OF THE 6TH P.M., COUNTY OF WELD, STATE OF COLORADO,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NW CORNER OF SAID SE 'A, SW '/4 OF SECTION 15;
THENCE N 89°47'39" E ALONG THE NORTH LINE OF THE SAID SE '/4 SW '/4
AND A LINE OF DENZEL ANNEXATION NO. 3, 1262.26 FT. TO A POINT ON THE
WEST BANK OF THE SOUTH PLATTE RIVER; THENCE S 49°31'29"W ALONG
THE SAID WEST BANK, 812.69 FT. TO A POINT ON THE NORTH R.O.W. LINE
OF STATE HIGHWAY NO. 34, GREELEY BY-PASS, EAST; THENCE S 87°47'38"
W ALONG THE SAID NORTH R.O.W. LINE, 642.09 FT. TO A POINT ON THE
WEST LINE OF THE SAID SE 'A, SW 'A OF SECTION 15 AND A CORNER OF
DENZEL ANNEXATION NO. 3; THENCE N 0°15'18"W ALONG THE SAID WEST
LINE AND A LINE OF DENZEL ANNEXATION NO. 3, 547.72 FT. TO THE NW
CORNER OF SAID SE '/4, SW 'A OF SECTION 15 AND THE POINT OF
BEGINNING, CONTAINING 11.65 ACRES MORE OR LESS.
AUTHORIZatION TO WITHDRAW FROM FIRt, DISTRICT
The undersigned hereby request and authorize the City of Greeley to petition for the withdraw of territory described
herein on Exhibit A from the Western Hills Fire Protection District upon successful annexation of the same
property into the City of Greeley.
Fee $500.00
Land Owner()Name(s)and Signature(s) Mailing Address Date of Sinning
727 East 27th Street, Greeley g/a /ds ,.
Gregory D. Denzel
l kfil R-1 /S1 a 727 East 27th Street, Greeley -d/ Q/05"
Amber Jean Denzel
Assessor's Tax ID#R3387286
Assessor's Parcel(s)#096115000040
Land Owner(s)Name(s) and Signature(s) Mailing Address Date of Signing
hryor/ vim ze/ aga-s c- /0 -Cr.
Assessor's Tax ID#
Assessor's Parcel(s)#
Land Owner(s)Name(s)and Signature(s) Mailing Address Date of Signing
�1nihPr /"lam zei . aYJ-3 w / si -i/O-D/ 0S—
DENZEL ANNEXATION #4 TAXING DISTRICTS
Tax Area 0693
District Mill Levies
Weld County 17.900
Weld County School District No. 6 41.129
Northern Colorado Water Conservancy District 1.000
Colorado Central Water Conservancy District 0.607
Central Colorado Water Sub-District 3.350
Western Hills Fire Protection District 4.619
Aims Community College 6.357
Weld County Library 3.281
West Greeley Conservation 0.417
Total 78.660
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