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HomeMy WebLinkAbout20033167.tiff Greeley Cityle October 10,2003 TO: Weld County Commissioners Weld County Attorney's Office Greeley-Evans School District Six North Colorado Water Conservancy District Union Colony Fire &Rescue Authority Aims Community College Weld Library District West Greeley Soil Conservation District FROM: Cheryl Aragon,Deputy City Clerk Ba � SUBJECT: Weld Food Bank Annexation The Greeley City Council received petitions for annexation of property located generally southwest of the intersection of 17th Avenue and H Street,known as the Weld Food Bank Annexation. Your taxing jurisdiction/district is listed as being one of which the territory proposed for annexation is a part. A public hearing will beheld on Tuesday,November 18,2003,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 beheld: November 18,2003 6:30 p.m. City Council Chambers Public Safety Building 919 7th Street Greeley,Colorado If additional information is desired or if you have questions,please call the City Clerk's Office at 350-9743. SERVING OUR COMMUNITY • I T ' S A TRADITION We promise!o preserve and.improve/Se 9uah y oMee/or✓9reeley&ought/i ee y, courteous and"cos/eel s; 1 f ce7—`i{i! �cJ 2003-3167 ice - c_, ��3 /�0�/l�� PLEASE PUBLISH THE ATTACHED NOTICE AND RESOLUTIONS ON THE FOLLOWING DATES(PLEASE CONFIRM WITH INSERTION NUMBERS BY RETURN E-MAIL OR FAX) 1. October 10, 2003 2. October 17, 2003 3. October 24, 2003 4. October 31, 2003 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 November 18, 2003,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 property is 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"Weld Food Bank Annexation"located generally southwest of the intersection of 17`h Avenue and `H' Street. Dated this 7th day of October, 2003. Betsy Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 58 ,2003 A RESOLUTION FOR THE WELD FOOD BANK ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, Leona Martens, Executive Director of the Weld Food Bank, has submitted a petition to the City of Greeley for annexation of property located generally southwest of the intersection of 17'h Avenue and 'H' Street in Weld County, Colorado known as the"Weld Food Bath"Annexation, 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,lo 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 November 18, 2003, 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. 0� PASSED,AND ADOPTED, SIGNED AND APPROVED this 7th day of October , 2003. ATTEST: THE CITY OF GREELEY, COLORADO A A Jj4nteh) By: vV City C1er Mayor EF' Exhibit A Lot Two (2), RS-1023,Resubdivision of Union Colony Subdivision, County of Weld, State of Colorado as recorded March 6, 2003 as Reception Number 3039498 of the records of the Weld County Clerk and Recorder(WCCR) and being part of the Southeast Quarter(SE 1/4) of Section Thirty-one(31),Township Six North(T.6N.), Range Sixty-five West(R.65W.) Of the Sixth Principal Meridian(6th P.M.). Said described parcel of land contains 3.449 Acres, more or less(±) and is subject to any right- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. PETITION FOR ANNEXATION WELD FOOD BANK ANNEXATION 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, " Weld Food Bank 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 Signature(s) Mailing Address Date of Signing CUe / ood K /oY //'& /clue 9/a/a 3 C 1/211 4/ &see c, ,& X063/ The foregoing signature(s) was/were subscribed and sworn to before me this ;ncd day of -Se ivr- , 20O3, by Leona.. /n.,fetes' Witness my hand and official seal. �, Za My commission expires / -o 74Q�'�.R•B' Notary Public some= L O �' 8�L1►d, P� Land Owned Lot Two (2), RS-1023, Resubdivision of Union Colony Subdivision, County of Weld, State of Colorado as recorded March 6, 2003 as Reception Number 3039498 of the records of the Weld County Clerk and Recorder (WCCR) and being part of the Southeast Quarter(SE 1/4) of Section Thirty-one(31), Township Six North (T.6N.), Range Sixty-five West (R.65W.) Of the Sixth Principal Meridian (6th P.M.). Said described parcel of land contains 3.449 Acres,more or less (±) and is subject to any right-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) Leona ct tens 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 person whose name it purports it to be. (Signature of Circulator) The foregoing Affidavit was subscribed and sworn to before me this ,2 nee day of Se/otorn`e , 20o3, by le.,-n.,, /f7o rfecs • Witness my hand and official seal. • P'°.pve My commission expires / —/7-O 7 • 01 g40 SMAS di Public Exhibit A Lot Two (2), RS-1023, Resubdivision of Union Colony Subdivision, County of Weld, State of Colorado as recorded March 6, 2003 as Reception Number 3039498 of the records of the Weld County Clerk and Recorder(WCCR) and being part of the Southeast Quarter(SE 1/4) of Section Thirty-one(31), Township Six North (T.6N.), Range Sixty-five West (R.65W.) Of the Sixth Principal Meridian(6th P.M.). Said described parcel of land contains 3.449 Acres, more or less (±) and is subject to any right- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. CITY OF GREELEY 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: July 29, 2003 1. Name of Annexation: Weld Food Bank Annexation 2. Name of Property Owner(s): Weld Food Bank 3. Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): 1108 "H" Street 4. Person to Contact (Name, Address and.Phone) Leona Martens Executive Director Weld Food Bank 104 11th Avenue Greeley, CO 80631 356-2199 5. Size (in acres): 3.449 Acres 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) 5. Attach a list of all special districts (including school districts) of which the territory proposed for annexation is part. Taxing District Mill Levies Aims Junior College 6.316 Central Colorado Water Sub District 3.850 Central Colorado Water Conservancy District 0.871 North Colorado Water Conservancy District 1.0 Weld County 20.056 Weld Library District 3.249 Weld Greeley Soil Conservation District 0.414 Western Hills Fire Protection District 5.860 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. None. 7. Attach a description of the intended use and development of the territory proposed for annexation. Such a description should be as complete as possible and include: • The location of existing streets and utility lines. • Existing and proposed land use patterns and existing zoning. • Size of commercial or industrial facilities. • Estimated number of school students generated. • Number of dwelling units. The subject property is located immediately southwest of the intersection of'H' Street and N. 17`h Avenue and all necessary utilities and services are available to the site. The property will be used as a warehouse, office and distribution location for the Weld Food Bank. The current zoning is Weld County A (Agricultural). The Weld Food Bank intends to apply to establish I-M (Industrial Medium Intensity) zoning on the property after the Weld Food Bank Annexation is completed. The proposed warehouse and office is 34,944 square feet in size. The proposed use does not include any dwelling units and would not generate any school students. . ,w „, Vicinity Map Clay of ♦• ♦ . II. - ' \4 ... N------___ ei an 4 1-M • I 1 PUD WEL Weld A Z • Site �k��—� • T I-M ! • - �- Weta 1-M C-D C-D ■ / i%' tat S film \ .0 , � S Ist.... • s%41i . , I I. Legend N 0 Parcels Roadcl W '7 r E Strcture S WELD FOOD BANK ANNEXATION AGREEMENT This agreement,hereinafter known as the "Agreement," is made this day of 2003,by and between the CITY OF GREELEY, a municipal corporation of the State of Colorado (hereinafter refereed to as"City") and Weld Food Bank(hereinafter referred to as "Owner"). WHEREAS, Owner possesses 3.449 acres of land as more fully described in Exhibit A and located generally southwest of the intersection of 17th Avenue and 'H' Street ; and, WHEREAS, Owner has petitioned for annexation of this parcel of ground to the City of Greeley; said petition known as the Weld Food Bank Annexation a copy of which is attached hereto as Exhibit B ; and, WHEREAS,the Greeley City Council has determined that the Owner's property meets the technical criteria as set forth in Colorado Statutes to be eligible for annexation to the City; and, WHEREAS, Owner's property is located inside the City's"Long-Range Expected Growth Area," a 15-20 year urban planning boundary adopted by the City; and, WHEREAS, a Memorandum of Understanding between the City and Weld County Government concerning site access and issuance of building permits has been drafted to facilitate the development of the Food Bank and is attached hereto as Exhibit C; and, WHEREAS, in consideration of the City's willingness to annex the subject parcel and allow the Owner to begin construction activities prior to completion of the annexation process subject to certain conditions; NOW THEREFORE, in consideration of the mutual promises and covenants of the parties as contained herein, it is agreed as follows: 1. The City of Greeley agrees to provide water and sanitary sewer service for the initial building on the subject property, contingent upon payment of the appropriate plant investment fees,raw water, and miscellaneous fees to the City. 2. The Owner shall be responsible for the construction of new sanitary sewer mains as necessary to conform to, or exceed,the City's minimum standards for design and construction. The Owner shall not connect its sewer service line to the sanitary sewer connection from the new sewer main until after the City's Public Works Department approves and accepts this construction. 3. The development of the subject property shall conform to all City of Greeley Development standards including, but not limited to, site design, architectural review, and drainage design standards. • 4. The initial building permit shall be issued to the Owner by Weld County Building Department. The annexation process shall be completed prior to issuance of the Certificate of Occupancy. Howevef,the Weld County Building Department shall continue to perform any necessary inspections during and after the annexation. The Weld ,County Building Department shall issue the Certificate of Completion only after consultation with the City's building official. 5. The Owner shall remit payment to the City for the following fees upon final approval of this agreement and issuance of a County building permit for said project: Drainage Fee: $7,523.90 Linear Park and Trails 200.00 Fire Protection Development Fee: 6,988.80 Road Development Fee: 18,834.82 Water Plant Investment Fee for 1-1/2" Tap: 28,000.00 Water Meter Fee: 729.00 Water Installation Fee for 1-1/2" Tap: 147.39 Water Installation Fee for 6" Fireline Tap: 350.00 Raw Water Fee(3 acre feet @$15,000/acre foot): 45,000.00 Sanitary Sewer Plant Investment Fee for 6" Tap: 7,830.00 Total Fees Due $115,603.91 6. The application fee of$750 shall be waived by the City of Greeley for the Weld Food Bank Annexation. Owner agrees to apply for the establishment of I-M (Industrial Medium Intensity)zoning in a timely manner after completion of the Weld Food Bank Annexation and shall pay the applicable application fee. 7. Nothing in this Agreement,or in the fact that it has been entered into, shall require the City to accept dedication of or construct such arterial roadway except as it is determined to be in the public's interest. 8. Nothing in this Agreement, or in the fact that it was entered into, shall be construed as limiting in any way the City's discretion as to future annexations, nor to require the City to impose conditions on such future annexations similar to the conditions imposed by this Agreement. 9. This Agreement shall run with the property and be binding upon and for the benefit of the successors of the parties to this Agreement. IN WITNESS WHEREOF,the parties hereunto have executed this Agreement the day and year first written above. THE CITY OF GREELEY, COLORADO OWNER(S) By Mayor Owner- Leona Martens , Weld Food Bank Executive Director ATTEST: By City Clerk APPROVED AS TO CONTENT: By • City Manager APPROVED AS TO LEGAL FORM: By City Attorney APPROVED AS TO AVAILABILITY OF FUNDS By City Finance Director Exhibit A Lot Two (2), RS-1023, Resubdivision of Union Colony Subdivision, County of Weld, State of Colorado as recorded March 6, 2003 as Reception Number 3039498 of the records of the Weld County Clerk and Recorder(WCCR) and being part of the Southeast Quarter(SE 1/4) of Section Thirty-one(31), Township Six North(T.6N.), Range Sixty-five West(R.65W.) Of the Sixth Principal Meridian (6th P.M.). Said described parcel of land contains 3.449 Acres,more or less (±) and is subject to any right- of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Exhibit C MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO FOOD BANK PROPERTY AND ISSUANCE OF BUILDING PERMITS AND INSPECTIONS PARTIES: This Memorandum of Understanding ("MOU") is made this day of , 2003, by and between the County of Weld, State of Colorado, by and through its Board of County Commissioners,whose address is P.O. Box 758, 915 10th Street, Greeley, CO 80632, hereinafter referred to as"County;"the Weld Food Bank, whose address is 1108 'H' Street, Greeley, CO 80631, hereinafter referred to as "Food Bank;" and the City of Greeley, by and through the Greeley City Council, whose address is 1000 10'h Street, Greeley, CO 80631, hereinafter referred to as"City." AGREEMENT FOR ACCESS: Food Bank intends to build a new facility for its operations on approximately 3.44 acres of land located adjacent to Weld County's North Business Park. Legal description for said property is: Lot 2 of RS-1023, Resubdivision of Union Colony Subdivision, being part of the Southeast Quarter(SE%)of Section 31, Township 6 North, Range 65 West of the 6th P.M., Weld County, Colorado,hereinafter referred to as "the Property." Food Bank intends to petition City for annexation of the Property. After review of the Property's site plan,the parties agree that the best access to the Property will be through the access to County's Training Center, located at 1104 "H" Street. County agrees,by and through this MOU, to grant such access, but only to Food Bank, its employees and invitees. AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND INSPECTIONS: The Food Bank project consists of the construction of an approximately 30,000 square foot building on the Property to house Food Bank operations. The parties agree that even after annexation by City, County shall continue to issue any necessary building permits and perform any necessary inspections of said building as follow-up to such permits, in accordance with City building code requirements. Page 1 of 2 Pages Dated this_day of , 2003. ATTEST: COUNTY OF WELD, STATE OF COLORADO,by and through the Board of County Commissioners of Weld County By: By: Clerk to the Board David E. Long, Chairman WELD FOOD BANK By: Title: Subscribed and sworn to before me this day of , 2003. Notary Public My Commission Expires: A I1'EST: CITY OF GREELEY, a municipal corporation of the STATE OF COLORADO By: By: Betsy Holder, Town Clerk Jerry Wones, Mayor Page 2 of 2 Pages L MEMORANDUM OF UNDERSTANDING REGARDING ACCESS TO FOOD BANK PROPERTY AND ISSUANCE OF BUILDING PERMITS AND INSPECTIONS PARTIES: This Memorandum of Understanding ("MOU") is made this day of , 2003, by and between the County of Weld, State of Colorado, by and through its Board of County Commissioners, whose address is P.O. Box 758, 915 10'h Street, Greeley, CO 80632, hereinafter referred to as"County;"the Weld Food Bank,whose address is 1108 'H' Street, Greeley, CO 80631, hereinafter referred to as "Food Bank;"and the City of Greeley, by and through the Greeley City Council, whose address is 1000 10`h Street, Greeley, CO 80631, hereinafter referred to as "City." AGREEMENT FOR ACCESS: Food Bank intends to build a new facility for its operations on approximately 3.44 acres of land located adjacent to Weld County's North Business Park. Legal description for said property is: Lot 2 of RS-1023, Resubdivision of Union Colony Subdivision, being part of the Southeast Quarter(SE'/a) of Section 31, Township 6 North, Range 65 West of the 6'h P.M., Weld County, Colorado, hereinafter referred to as"the Property." Food Bank intends to petition City for annexation of the Property. After review of the Property's site plan,the parties agree that the best access to the Property will be through the access to County's Training Center, located at 1104 "H" Street. County agrees, by and through this MOU,to grant such access, but only to Food Bank, its employees and invitees. AGREEMENT FOR ISSUANCE OF BUILDING PERMITS AND INSPECTIONS: The Food Bank project consists of the construction of an approximately 30,000 square foot building on the Property to house Food Bank operations. The parties agree that even after annexation by City, County shall continue to issue any necessary building permits and perform any necessary inspections of said building as follow-up to such permits, in accordance with City building code requirements. Page 1 of 2 Pages Dated this_day of , 2003. ATTEST: COUNTY OF WELD, STATE OF COLORADO, by and through the Board of County Commissioners of Weld County By: By: Clerk to the Board David E. Long, Chairman WELD FOOD BANK By: Title: Subscribed and sworn to before me this day of , 2003. Notary Public My Commission Expires: ATTEST: CITY OF GREELEY, a municipal corporation of the STATE OF COLORAD'.) By: By: Betsy Holder, Town Clerk Jerry Wones, Mayor Page 2 of 2 Pages Hello