HomeMy WebLinkAbout20030761.tiff G yl�ey
March 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(� .
SUBJECT: Best Way Park Annexation
The Greeley City Council received petitions for annexation of property located generally
northwest of 35'"Avenue and 4th Street,known as the Bestway Park 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,May 6,2003,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:
March 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.
F213ae Atla ER V INO OUR COMMUNITY • IT ' S A TRADITION
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�e promise/o preserue anti improve/Se Suably of h/e for 9reefey lEirouyli lime y, courteous and cos/e/Ia
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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 May
6, 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 "Bestway Park Annexation" located generally northwest of 35`h Avenue and 4`h
Street.
Dated this 18th day of March, 2003.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. , 2003
A RESOLUTION FOR THE BESTWAY PARK ANNEXATION PETITION
FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION
LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN
ANNEXATION
WHEREAS, Carl and Gary Hill on behalf of Bestway Paving submitted a petition
to the City of Greeley for annexation of property located generally northwest of 35`h
Avenue and W. 4a'Street in Weld County, Colorado known as the "Bestway Paving"
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, 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 May 6, 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.
PASSED, AND ADOPTED, SIGNED AND APPROVED this day of
, 2003.
ATTEST: THE CITY OF GREELEY, COLORADO
By:
City Clerk Mayor
BEST-WAY PARK
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NE1/4 OF SECTION 2, TOWNSHIP
5 NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY,
COLORADO, AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER LIE SAID SECTION
2, AND CONSIDERING THE SOUTH LINE OF THE NE1/4 OF SAID
SECTION 2 TO BEAR S89°55'53"E, WITH ALL BEARINGS HEREIN BEING
RELATIVE THERETO;
THENCE S89°55'53"E, ALONG THE SOUTH LINE LIE THE NE1/4 OF SAID
SECTION 2, A DISTANCE OF 1242.80 FEET; THENCE N13°44'30"W, 41.19
FEET; TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE
SOUTHEAST CORNER OF JOHNSON SUBDIVISION, 1ST ADDITION, AS
PLATTED AND RECORDED IN THE RECORDS OF WELD COUNTY,
COLORADO; THENCE ALONG THE EASTERLY BOUNDARY LINE OF
SAID JOHNSON SUBDIVISION, 1ST ADDITION BY THE FOLLOWING
TWO (2) COURSES:
N13°44'30"W, 1259.00 FEET;
N09°12'16"E, 1089.61 FEET TO A POINT ON THE NORTH BANK OF
GREELEY NO. 3 DITCH;
THENCE ALONG THE NORTH BANK OF SAID GREELEY NO. 3 DITCH
BY THE
FOLLOWING EIGHT (8) COURSES:
N86°57'17"E, 368.20 FEET;
S65°16'23"E, 546.60 FEET;
S76°54'03"E, 149.16 FEET;
S47°00'53"E, 404.36 FEET;
S55°08'33"E, 133.88 FEET;
S70°05'33"E, 108.17 FEET;
S79°08'03"E, 222.41 FEET;
$69°36'03"E, 172.17 FEET TO THE WEST RIGHT-OF-WAY LINE OF 35TH
AVE.;
THENCE S06°10'17"W, ALONG SAID WEST RIGHT-OF-WAY LINE, 30 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF THE NE1/4 OF SAID
SECTION 2, A DISTANCE OF 956.59 FEET;
THENCE N89°55'53"W ALONG THE NORTH LINE OF AN 10.29 ACRE
TRACT OF LAND, 736.51 FEET;
THENCE S06°10'17"W ALONG THE WEST LINE OF SAID 10.29 ACRE
TRACT OF
LAND, 619.13 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST 4TH
ST.;
THENCE N89°55'53"W ALONG SAID NORTH RIGHT-OF-WAY LINE, 40
FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NE1/4
OF SAID SECTION 2, A DISTANCE OF 865.92 FEET TO THE TRUE POINT
OF BEGINNING.
CONTAINING 3,330,537.88 SQUARE FEET, OR 76.46 ACRES, MORE OR
LESS.
PETITION FOR ANNEXATION
Best Way Park ANNEXATION
TO. THE HONORABLE MAYOR AND CITY COUNCIL OP TIM an OP
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, " Best Way Park
Annexation." Four(4) copies of said map 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 31-12405 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.aunexed is urban or will be urbanized in die near
•
a 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 reap estate
or two or more contiguous tracts or parcels of real estate comprising twenty (20)
acres or more which, to$ctlter 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,
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) consents) to inclusion into
' the Northern Colorado Water Conservancy District.and the municipal subdistrict
pursuant to Section 37-45-136 (3.6) C.R.S. Laud 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 e 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.
1HEREFORE, the undersigned respectfully petition(s) the City Council of the City of
Greeley, to annex 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 Signaturefs) )vlailiag Address pate of Signing
:lest-Way Paving Inc. 131 N. 35th Ave. May 20, 2002
by:6y'arl. Hill, - Officer Greeley, CO. 80631
. i[/Lt_
( ilaahind Conyivar Trio. • _ same a3 above
by: C 1 Hill fficer .
Lad'
The foregoing signatnre(s) was/were subscribed and sworn to before me this ._.4.61 day- of
71'1 arj . 19n.p _by
Witness my hand and official seal:Notary 14th . qn,s. n c My commi sion expires /,2_1// /is .
Lajid Owned
If necessary, attach separate sheet.
AHgDAVIT OF CIRCULATOR •
•
STATE OF COLORADO )
) ss.
COUNTY OP WELD
Mr. Carl Hill - 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.
/ / 2
•
(Signature of Cuuulatorr)
The foregoing Affidavit was subsc 'rbed and sworn to before me this to day of
SGT , i9Lr 7, by ( Ar l in.(
•
Witness my hand and official seal.
•
My commission expires I
Notary b
BEST-WAY PARK Exhibit A
LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE NE1/4 OF SECTION 2, TOWNSHIP 5
NORTH, RANGE 66 WEST OF THE 6TH P.M., WELD COUNTY, COLORADO,
AND BEING FURTHER DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER QUARTER CORNER LIE SAID SECTION 2,
AND CONSIDERING THE SOUTH LINE OF THE NE1/4 OF SAID SECTION 2 TO
BEAR S89°55'53"E, WITH ALL BEARINGS HEREIN BEING RELATIVE THERETO;
THENCE S89°55'53"E, ALONG THE SOUTH LINE LIE THE NE1/4 OF SAID
SECTION 2, A DISTANCE OF 1242.80 FEET; THENCE N13°44'30"W, 41.19 FEET;
TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE SOUTHEAST
CORNER OF JOHNSON SUBDIVISION, 1ST ADDITION, AS PLATTED AND
RECORDED IN THE RECORDS OF WELD COUNTY, COLORADO; THENCE
ALONG THE EASTERLY BOUNDARY LINE OF SAID JOHNSON SUBDIVISION,
1ST ADDITION BY THE FOLLOWING TWO (2) COURSES:
N13°44'30"W, 1259.00 FEET;
N09°12'16"E, 1089.61 FEET TO A POINT ON THE NORTH BANK OF GREELEY
NO. 3 DITCH;
THENCE ALONG THE NORTH BANK OF SAID GREELEY NO. 3 DITCH BY THE
FOLLOWING EIGHT (8) COURSES:
N86°57'17"E, 368.20 FEET;
$65°16'23"E, 546.60 FEET;
S76°54'03"E, 149.16 FEET;
S47°00'53"E, 404.36 FEET;
S55°08'33"E, 133.88 FEET;
S70°05'33"E, 108.17 FEET;
S79°08'03"E, 222.41 FEET;
$69°36'03"E, 172.17 FEET TO THE WEST RIGHT-OF-WAY LINE OF 35TH AVE.;
THENCE S06°10'17"W, ALONG SAID WEST RIGHT-OF-WAY LINE, 30 FEET
WEST OF AND PARALLEL TO THE EAST LINE OF THE NE1/4 OF SAID
SECTION 2, A DISTANCE OF 956.59 FEET;
THENCE N89°55'53"W ALONG THE NORTH LINE OF AN 10.29 ACRE TRACT OF
LAND, 736.51 FEET;
THENCE S06°10'17"W ALONG THE WEST LINE OF SAID 10.29 ACRE TRACT OF
LAND, 619.13 FEET TO THE NORTH RIGHT-OF-WAY LINE OF WEST 4TH ST.;
THENCE N89°55'53"W ALONG SAID NORTH RIGHT-OF-WAY LINE, 40 FEET
NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NE1/4 OF SAID
SECTION 2, A DISTANCE OF 865.92 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 3,330,537.88 SQUARE FEET, OR 76.46 ACRES, MORE OR LESS.
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 May 20, 2002
1. Name of Annexation Best Way Park
Best-Way Paving Inc.
2. Name of Property Owner(s) Gi 1 s ,hin l f'nnvi var Tnr
Street or Road Addresses of All Properties to be Annexed (Attach separate sheet
if nerrssary):
Northwest of 35th Ave. and 4th Street
•
3. Person, Contact (rune, Address and Phone)�n W. Savignano/ John Horvat
soy crane,
stale-kb
asQ.So. ?art- -^ °te.570 Denver,C0 34209 303.388.5337
4. Size (in acres) 76.02 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: [xi Land Owner-Initiated
[. J Municipally Owned (C.R.S. 31-12-106)
[ J 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.
6. Attach a list of all residents (and their addresses) of the territory proposed for
annexation who are not land owners. Lin tiy16
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.
lt Existing and proposed land use patterns and existing zoning.
■ Size of commercial or industrial facilities.
■ Estimated number of school students generated.
a Number of dwelling units.
Annexation and Zoning Submittal
Bestway Property—Northwest of 35th Avenue and 4th Street
Developer: 3 H& S LLC
The following is a narrative pursuant to the requirements for submittal under the
Annexation and Zoning procedural flowchart and checklist.
It is understood that the public hearing for the establishment of zoning will be held
immediately following the final action of annexation. It is the intent of the developer, as
evidenced by the simultaneous submission of annexation and zoning/subdivision of the
subject property, to advance these approvals concurrently.
The intended use of the subject property as shown on the site plan is as follows:
A) 36.91 acres—Zoned R-L Open Space -1.49 ac.
Residential Low Intensity District Detention Basin- 2.53 ac.
Typical gross density of 3-5 DU/acre Single Family Lots- 32.89 ac.
Platted at 4.17 DU/acre or 154 lot's
B) 14.28 acres plus ROW (14.38 acres gross)—Zoned R-H
0.10 acres 38th Ave. ROW
Residential High Intensity District
Typical gross density of 10-20 DU/acre
Platted at 15 DU/acre or 216 units
1
C) 6.64 acres—Zoned I-L
Industrial Low Intensity District
D) City of Greeley Public Works
11.17 acres net —ParkLands Inclusive of a Regional Retention/Detention
Basin — 17.08 acres gross
1.19 acres 4th Street ROW
1.03 acres 35th avenue ROW
3.69 acres collection channel
Criteria pursuant to Section 18.26.050.A. 1-5 of the Development Code
Conformance with the City of Greeley Comprehensive Plan:
Relative to the proposed R-L (35.52 acres) and R-H (15.79 acres) zoning
designations conformance is achieved by interpretation of sections LU1, LU2.7B
and LU2.7D.
Relative to the proposed I-L (6.64 acres); The Comprehensive Plan discourages
new residential adjacent to medium or high intensity industrial zoning but does
not discourage light industrial as proposed. Section LU2.7E specifically states that
residential may be located near light industrial when there is adequate traffic
management and buffering.
• 2
There will be no negative effects or interference on normal traffic patterns of the
residential R-L component as a result of inherent separation. Traffic for the
proposed usage is contemplated to be minimal. As discussed in section LU4.2, we
feel our site plan addresses treatment for fencing and buffering and will follow
City guidelines on the southern and eastern boundaries. Additionally, the northern
boundary, which follows the number 3 irrigation ditch, is approximately 10 feet
higher in elevation than the proposed I-L parcel.
Historic usage (1964 — 2002) of the subject property was I-H (Industrial high
intensity district) as defined in section 18.30.010 in the City of Greeley
Development Code.
Relative to the proposed acquisition by the City of Greeley of 17.47 acres for the
expressed purpose of a Regional Retention/Detention Basin and a resulting
byproduct of public recreational facilities as proposed by The City of Greeley
Public Works Department; We feel this component and all aspects of our
submitted site plan fit with the intentions of the Comprehensive Plan and
meet purpose and intent of the Zoning District Standards.
The overall site plan was modified and designed to accommodate the
aforementioned Regional Retention/Detention Basin.
3
To the best of our knowledge there are no hazardous conditions or ecological concerns
regarding the subject property.
The estimated number of school students generated by the proposed annexation and
anticipated zoning was calculated by utilizing a formula provided by the District 6
Director of Support Services - Mr. Wayne Eads.
1) R-L Zoning— 148 DU x .735 = 109 students
2) R-H Zoning— 208 DU x .15 = 31 students
•
Cheryl Amon Taxing Districts and Mill I Is Page 1
From: Michael Whitley
To: Cheryl Aragon
Date: 2/20/03 4:48PM
Subject: Taxing Districts and Mill Levies
The taxing info.for the two parcels (Bestway Paving Company&Gilsabind Convidar Inc.) is identical. The
following is a list of taxing districts and mill levies:
Aims Community College: 6.316
North Colorado Water Conservancy District: 1.0
Weld County School District 6: 47.981
Weld County: 20.056
Weld County Library: 3.249
Western Hills Fire Protection District: 5.860
Total Mill Levies: 84.462
Michael Whitley-hill Annexation and Zo u mitts a en um. oc Gage 1
Annexation and Zoning Submittal Addendum
Bestway Property—Northwest of 35'"Avenue and 4'h Street
Developer: 3 H& S LLC—September 17,2002
The following is a narrative pursuant to the requirements for submittal under the
Annexation and Zoning to furthor define the proposed development(Bestway Paving
Zoning—385,Bestway Paving Annexation—384). We would like to elaborate on the
criteria for evaluation of Zoning as outlined in Sections 18.30.050.c 3&4 of the
Development Code.
a. The immediate area in proximity to the site has seen significant residential development
including the Northview Subdivision to the east and the Stoneybrook Mobile Home
Park to the north.All gravel and aggregate mining on the site ahs been completed and
the property is now ready for development.
b. The existing zoning of the site obsolete. The existing residential development on all sides
of the property definitely justifies a rezone of the property.
c. We believe all clerical and technical errors have been corrected.
d. To the best of our knowledge there are no detrimental environmental impacts or any other
issues that will or may effect the future development of the site. All slopes will
comply with the City of Greeley development standards.
e. The Conservation district will encompass the Regional Retention/Detention Basin;which
is being developed on this property at the request of the City of Greeley Public works
Department and will be owned by the City of Greeley.This area may be a City Park
1
Li/lichael Whitley hill Annexation and Zo" Submittal addendum.doc age
in the future.
g. Section(0 is non-applicable to this project.
h. This site has been completely mined of all economically recoverable sand and gravel.
2
l* 4 Attachment A
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