HomeMy WebLinkAbout20002982 _yr WELD
City of
4"�L' D CC'- I
Greeley CC'
November 22, 2000 771 n .3o AM 9: 53
RECEi V'L�
TO: Weld County Commissioners
Weld County Attorney's Office
Weld Library District
Aims Community College
North Colorado Water Conservancy District
School District Six
Union Colony Fire & Rescue Authority
FROM: Cheryl Aragon, Deputy City Clerk
SUBJECT: Hurst Annexation
The Greeley City Council received a petition for annexation of property located generally
southwest of 71" Avenue and U.S. 34 Bypass, known as the Hurst Annexation.
Your taxing district/jurisdiction is listed as being one of which the territory proposed for
annexation is a part. A public hearing will be held on Tuesday, December 19, 2000, 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:
December 19, 2000
6:30 p.m.
City Council Chambers
Public Safety Building
919 Seventh Street
Greeley, Colorado
If additional information is desired or if you have questions, please call the City Clerk's Office
at 350-9743.
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SERVING OUR COMMUNITY • t T ' S A TRADI7
2000-2982
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NOTICE
Notice is hereby given that the City Council of Greeley, Colorado, will hold public hearings on
proposed annexations of territories to the City of Greeley. The hearings shall be held on
December 19, 2000, 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 hearings are to determine whether
said properties are eligible for annexation under Colorado law. Persons wishing to examine the
annexation petitions may do so at the office of the City Clerk during business hours. These
territories are described in annexation petitions which have been filed with the City Clerk as:
• the "Myers Farm Annexation" located generally southwest of 65`h Avenue and U.S. 34
Bypass
• the "Hurst Annexation" located generally southwest of 71' Avenue and U.S. 34 Bypass
Dated this 14th day of November, 2000.
Betsy Holder
City Clerk
CITY OF GREELEY, COLORADO
RESOLUTION NO. 57, 2000
(Amended by Resolution No. 72, 2000)
A RESOLUTION FOR THE MYERS FARM ANNEXATION PETITION
FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION
LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN
ANNEXATION
WHEREAS, Dale Boehner, on behalf of Ashcroft, LLC, submitted an Annexation
Petition to the City of Greeley for annexation of property located generally southwest
of 65th Avenue and U.S. 34 Bypass in Weld County, Colorado; and more specifically
described on 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.; and
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 Tuesday, Dctcn,bc, 5, 2000, DECEMBER 19, 2000, 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 23rd day of October.
2000.
ATTEST: THE CITY OF GREELEY, COLORADO
By: By: —City Clerk Mayor
PETITION FOR ANNEXATION
HURST 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, "Hurst 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 C 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 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
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 access 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 properly set forth in Exhibit C 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 and
providing for the effective date and City Clerk and Mayor attest signatures.
G. Notary public signature block, attesting to the authority of the Mayor to execute
acceptance of the 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) consent(s) to inclusion into the
Northern Colorado Water Conservancy District and the municipal subdistrict 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)the City Council of the City of Greeley,to
annex the territory described and referred to in Exhibit C to the City of Greeley in accordance
with and pursuant to the statutes of the State of Colorado.
Owner : Patricia Ann Mayer Paul Gordon Hurst
7220 W. 28th Street 7220 W. 28th Street
Greeley, CO 80634 Greeley, CO 80634
By: PAL By: a!"---ijr_Cit'cli1/4-,
Patricia Ann lbiayer Paul Gordon Hurst
�The foregoing signature(s)was/were subscribed and sworn to before me this i 3 day of
`-��4'h` '- , 2000 by
Witness my hand and official seal.
10l 1b * My commission expires Lo 9—PO .
Notary !pile
HURST ANNEXATION
City of Greeley - Annexation Information Sheet
Date: August 25, 2000
Annexation Name: Hurst Annexation
Name of Owner : Patricia Ann Mayer
7220 W. 28th Street
Greeley, CO 80634
Paul Gordon Hurst
7220 W. 28th Street
Greeley, CO 80634
Property Address: TBD
Contact Name: Sears Investment and Development, LLLP
Joe Whisenand, General Partner (970) 330-7700 x212
2021 Clubhouse Drive
Greeley, CO 80634
Size : 120 acres (+-)
Initiated by: Owner
Intended Use/Development: (see Narrative)
List of Special Districts: 47.315 School District #6
0600 1.0 Northern Colorado Water Conservancy District
22.038 Weld County
3.249 Weld Library
10.635 Greeley General Improvement District
6.343 Aims Junior College
Current Tax Information: 90.58 Mill Levy
$5,420 Property Tax
HURST ANNEXATION
Criteria for City of Greeley- Eligibility of Annexation.
This application for annexation to the City of Greeley pertains to that parcel of land in the NE 'A
of Section 20, T5N, R66W(23.42 Acres),NE 'A and SE ''A of Section 20 (122.86 acres), located
at the SW corner of the intersection of HWY 34 Bypass and 71st Avenue,more commonly
known as 7220 W. 28th Street in Weld County, Colorado [the Property]. The Property together
with all existing real improvements is owned by Patricia Ann Mayer and Paul Gordon Hurst
[Owner], and much of which is currently in irrigated agricultural production and the remainder as
a large dry land single home site.
The Property is situate adjoining the City of Greeley [City] and the Property is within the already
defined growth objectives of the City, (in or very nearly adjoining the MSSA, MRESA, and
LREGA). The Property is prime in location,feasibility, and intended use,to be a more obvious
candidate for annexation in recent history; an assessment to be borne out by the following
information and criteria as part of this application.
Contiguous with the City of Greeley. The Property is adjoined by the City of Greeley to the
East. (see Exhibit 'A' -Vicinity Map and Exhibit `B'-City and Site Location Map)
Interest to the City of Greeley. The Property has interest in common with the City where the
potential Residential and Commercial uses are contiguous to the City's established development
pattern, to which residents of Greeley have easy access to the future amenities of the property,
and where future owners can easilyivail themselves to the neighboring services and amenities of
recreation, health, education,professional services, entertainment, shopping, and dining currently
existing in the City.
Future Urbanization. The Property is largely used for agricultural purposes,however, situate on
HWY 34 and developed suburban areas directly to the North and on 71st Avenue, and near 65th
Avenue with developed suburban areas directly to the East, the Property is one of the most
obvious candidates for future urbanization and annexation as the Property is within the pattern
and in the direction of current urbanization activities in the City.
Feasibility of Integration with the City of Greeley. Main avenues of transportation are
adjoining the Property to which the Property has or will have adequate ingress and egress points
satisfactory to the intended uses of the Property. There does not currently exist with the Property,
owned and controlled by the Owner, adequate historical water to satisfy the raw water
requirements of the City, and any final development plans will likely require the acquisition of
additional water shares. Adjoining the Property is adequate City treated water supply, gas,
electric,phone, and CATV. There are no topography or ecological features separating the
Property from the City.
Conformance with the Comprehensive Plan. The location and the intended uses of the Property
are consistent with the principles, goals, and objectives of the Comprehensive Plan. The Plan's
important sections on Land Use, Growth, and Transportation promote the incorporation of the
Property to the City.
Geographical Balance of the City of Greeley Land Use Pattern. The Property is a continuation of
the existing Residential and Commercial uses along the HWY 34 Bypass and is in, or is very
nearly adjoining the MSSA, MRESA, and LREGA plans of the City, there by filling in the
already defined growth objectives of the City and slightly extending the southern boundary of the
City.
Adequate Services. (see above Feasibility of Integration with the City of Greeley)
Continual and Rational Boundary. (see above Geographical Balance of the City of Greeley Land
Use Pattern)
Accommodation of Future Land Use Requirements. Future population growth of the City
requires land mass. Good planning consistent with the principles, goals, and objectives of the
Comprehensive Plan requires such growth to be rational, balanced,and(preferably)contiguous
with the existing boundary and adjoining existing infrastructure and services provided by the
City. Should the City continue to grow to accommodate new Residents as well as the
professional services and amenities of recreation,health, education, entertainment, shopping,
and dining needed to accommodate such growth,then the Property represents a perfect fit.
END CRITERIA
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HURST ANNEXATION
NARRATIVE
Introduction. This Narrative is part of the application application for annexation to the City of
Greeley pertains to that parcel of land in the NE 'A of Section 20, T5N, R66W (23.42 Acres), NE
'A and SE ''A of Section 20 (122.86 acres), located at the SW corner of the intersection of HWY
34 Bypass and 71st Avenue,more commonly known as 7220 W. 28th Street in Weld County,
Colorado [the Property]. The Property together with all existing real improvements is owned by
Patricia Ann Mayer and Paul Gordon Hurst [Owner], and much of which is currently in irrigated
agricultural production and the remainder as a large dry land single home site.
The Property is contiguous to the City of Greeley [City], adjoined by the City to the East(see
Exhibit 'A' -Vicinity Map and Exhibit `B'- City and Site Location Map) and the Property is
within the already defined growth objectives of the City, (in or very nearly adjoining the MSSA,
MRESA, and LREGA). The Property is prime in location, and it can be feasibly integrated into
the current infrastructure of the City. Main avenues of transportation of HWY 34 and 71st
Avenue are adjoining the Property to which the Property has or will have adequate ingress and
egress points satisfactory to the intended uses of the Property, and which incorporate the
Property easily within the transportation grid pattern of the City. Adjoining the Property is
adequate City treated water supply, gas, electric,phone, and CATV. There are no topography or
ecological features separating the Property from the City. There does not currently exist with the
Property,owned and controlled by the Owner, adequate historical water to satisfy the raw water
requirements of the City,and any final development plans will likely require the acquisition of
additional water shares.
The Property is within the pattern and in the direction of current urbanization activities in the
City. The Property is currently used for agricultural purposes, however, it borders on HWY 34
and 71st Avenue and the developed suburban areas directly to the North, and is near 65th Avenue
with developed suburban areas directly to'the Fast.
The Property has interest in common with the City where the Residential and Commercial uses
are harmonious to the City's established development pattern,to which residents of Greeley have
easy access to the future amenities of the property, and where future owners can easily avail
themselves to the neighboring services and amenities of recreation, health, education,
professional services, entertainment, shopping, and dining opportunities currently existing in the
City. The location and the intended uses of the Property are consistent with the principles,
goals, and objectives of the Comprehensive Plan. The Plan's important sections on Land Use,
Growth, and Transportation easily promote the incorporation of parcels such as the Property into
the City. The Property is consistent with good planning and consistent with the principles, goals,
and objectives of the Comprehensive Plan The Comprehensive Plan promotes growth to be
rational, balanced, and(preferably) contiguous with the existing boundary and adjoining existing
infrastructure and services provided by the City. Should the City continue to grow as the
Comprehensive Plan projects, the Property accommodates new Residents as well as the
professional services and amenities of recreation, health, education, entertainment, shopping,
and dining needed by such Residents.
32nd Street quasi-govermental agreement with City of Evans. There is some mention of an
existing agreement with the City of Evans that uses an East/West extension of 32nd Street as a
line of demarcation between Greeley to the North and Evans to the South. This agreement
supposedly ends at 71st Avenue, and then Greeley can annex properties to the South of 32nd
Street. The Property has as its East boundary, 71st Avenue. This application proposes Greeley to
annex Southward past the imaginary extention of 32nd Street with the result of the planned
residential subdivision on the Property not ending up with Greeley and Evans addresses and
differing ordinances and municipal authority within the same neighborhood.
Transportation and Circulation. Main avenues of transportation of HWY 34 and 71st Avenue are
adjoining the Property to which the Property has or will have adequate ingress and egress points
satisfactory to the intended uses of the Property, and which incorporate the Property easily within
the transportation grid pattern of the City. The Owner anticipates using the existing right-in and
right-out intersection of 71st Avenue and HWY 34 Bypass located on the South side of HWY 34.
Further extension of 71st Avenue southerly along the Property's East property line is not
anticipated and any such right of way is occupied by the Greeley Loveland Ditch's dump ditch,
(Ashton Drainage Ditch), which can flow at a rate of as much as six hundred(600)cfs and where
the eroded ditch varies in elevation some forty(40)feet or more making the accommodation of
road right of way and proper slope highly unfeasible. Due to this geographical division to the
Property's East boundary and the Ashcroft Draw and Ditch to the South, the Property's ingress
and egress points are limited to HWY 34 at 71st,and to future connections with the Meyer Farm
Annexation and the Wiedeman Farm Annexation.
Existing Utilities. There is existing City water lines of 24 inch and 30 inch along the right of
way of HWY 34 and an existing 8 inch DIP line along 65th Avenue. There is also an existing
North Weld water line along 37 Avenue. There is a Greeley Gas line along the North portion of
65th Avenue near the Property, US West phone lines along HWY 34 and along 37 Avenue, and
Public Service electricity is readily available. Per our conversation with the City's Water and
Sewer Department,the only available sewer is with an extension of the Hill and Park line up
through Ashcroft Draw,approximately three(3) miles away from the Property. Preliminary
conversations with property owners also needing the extension of the Hill and Park line indicated
there is a very good possibility of pooling resources with the City of Evans to extend the lines
and to help recover some cost in the future. Annexation plans currently planned or underway
with the City indicate an interest in the extension. Hopefully,between the two municipalities
and the strong owners needing the extension, a cooperative venture can be worked out.
Topography and Drainage. The current use of the Property as irrigated farm land has lent itself
to the leveling of irregularities and to the establishing of proper slope for excellent drainage of
the Property into Ashcroft Draw which adjoins or is in close proximity to the South property
line. From the South side of the Greeley Loveland Ditch, a preliminary drainage estimate of a
series of at least two storm water retention ponds with a total estimated surface area of
approximately 10 acres is anticipated so that the use of storm sewer tiles is limited and releases
into the Ashcroft Draw is limited to historical flows. The Greeley Loveland Dump Ditch's
excessive slope is dangerous and problematic. The Owner plans to reshape the slope to a safer
grade and hopes to reach an agreement with the neighboring properties to the East to similarly
treat the East slope of the ditch and to participate in the cost of the installation of a series of
engineered erosion controlling and sediment catching structures. The expected result is to turn
the dump ditch into more of an actual amenity for houses and rear yards backing up to the ditch.
Non-Potable Water Supply. The Owner is open to contemplating the design of the storm water
detention to be increased to retain sufficient quantities to support a series of lawn irrigation
systems. Should such an agreement be reached with the City,the land so irrigated is expected to
be incorporated into the calculation of raw water required by the City and adjusted so that only
one-half(1/2)the normal amount would be required for the quantity of land so irrigated.
Additionally, the Owner is open to the possibility of a greater active `dual' water system
throughout the Property, should the City so desire and the Owner mutually agree.
Oil and Gas. There currently exist oil and gas wells on the Property, in addition to tank batteries
and stripper plants attached to the wells with underground lines. The Owner intends to begin
communications with the oil and gas companies to purchase the sites and to plug and abandon
the existing wells.
Soils Conditions. Prior to any development activity,the Owner will comple a thorough
geo-technical analysis of the Property to evaluate speial requirements other than normal and
prudent construction practices. Such an analysis would identify any significant ground water or
soils conditions that could potentially cause greater expense to the development of the Property
or future problems with the construction of commercial and residential improvements, or the
occupancy and use of those improvements.
Ecologically Sensitive Land. The Owner will eventually commission an environmental review,
however,the irrigated acreage of the Property has been in active farming production for nearly
one hundred(100)years. It is currently not known if environmentally sensitive areas exist nor is
there any protected or endangered species possible. The Property is in the near vicinity of the
Ashcroft Draw where wetlands are present and the Owner anticipates conversation with the
Army Corps of Engineers in order that the future drainage from the Property does not threaten
wetland and neighboring environmentally sensitive areas. Although the Property does qualify
for flood insurance,the writer of this application is unaware of any known flood plain or flood
way,but any ultimate drainage plan submitted for future approval of a final plat on the Property
will address such concerns to the satisfaction of the City.
Raw Water. There does not currently exist with the Property, owned and controlled by the
Owner, adequate historical water to satisfy the raw water requirements of the City, and any final
development plans will likely require the acquisition of additional water shares. Upon the future
approval of a final plat and development agreement, the Owner will contribute and transfer to the
City such raw water as is necessary and agreed upon. The Owner is exploring the possibility of a
full or partial non-potable irrigation system and, if such a system is constructed, there is the
expectation that those areas serviced by the non-potable system would credit the Owner with one
half(1/2) the raw water normally required.
Land Zoning and Uses. Customary zoning and the associated uses by right and by special review
are the Owner's anticipated zonings of the Property, (and not likely PUD). All residential, and
commercial categories may be entitled as well as light and medium Industrial. The majority of
the Property is expected to be developed aslow residential density. Current estimates of common
areas, green space and open areas, and storm water retention areas, are expected to be
approximately ten percent(10%)of the overall land design. The approximate expected number
of units @ 1.5 students per low density unit and .5 per high density, number approximately 300
to 400 new school students.
END NARRATIVE
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