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Home My WebLink About20002988 yr WELD CO1 a!fff City of MY Greeley ZIn NY/ 33 AM 8 54 November 22, 2000 r , ,- RICE; ED TO: Weld County Commissioners Weld County Attorney's Office Aims Community College North Colorado Water Conservancy District Milliken Fire District West Greeley Soil Conservation District Weld Library District School District Six FROM: Cheryl Aragon, Deputy City Clerk SUBJECT: Meyer's Farm Annexation The Greeley City Council received a petition for annexation of property located generally southwest of 65th Avenue and U.S. 34 Bypass, known as the Meyer's Farm 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. I,c ✓iret() /(9- 4- Cali do ; PL, Pei), e C.ti1� fit) /✓L (p4) SERVING OUR COMMUNITY • I T ' S A T R A D I T We promire/O preserve and improve/Se yual y Wife for 9reefey iiroa9A limey, cour/eous and co. 2000-2988 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 715` 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, lXccm,.b.,. 5, 2000, DECEMBER 19, 2000, at the Greeley City Council Chambers, 919 7`h 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 MEYER FARM 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, "Meyer Farm 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 : Ashcroft, LLC 6371 W. 37th Street Greeley, CO 80634 By: suan —2`Z —00 Dale Boehner, Manager Date e foregoing signature(s) was/were subscribed and sworn to before me this e78day of 2000 by Witness my hand and official seal. (� My commission expires (Or 7 oa No Public MEYER FARM ANNEXATION NARRATIVE Introduction. This Narrative is part of the application for annexation to the City of Greeley which pertains to that parcel of land historically known as the Meyer Farm located at the SW corner of the intersection of HWY 34 Bypass and 65th Avenue in Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Ashcroft, LLC [Owner] (Dale Boehner, Manager), and is currently in irrigated agricultural production. 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 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 65th Avenue are adjoining the Property to which the Property has 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 currently exist with the Property,owned and controlled by the Owner, adequate historical water to satisfy the raw water requirements of the City for the intended uses of the Property. 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 the developed suburban areas directly to the North, and borders 65th Avenue with developed suburban areas directly to the East. The Property is a continuation of the existing Residential and Commercial uses along the HWY 34 Bypass there by filling in and slightly extending the southern boundary of the City. The City's growth pattern is beginning to appear as a longer and narrow East/West `strip',where the incorporation of the Property helps `round-out' and give better geographical balance to the City's southern boundary. 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 West boundary, 71st Avenue. This application proposes Greeley to reach and agreement with Evans to change 71st Avenue as the ending point and use 65 Avenue instead. This adjustment would be very similar to an agreement reached between Evans and Greeley below the Elks Lakes property further East. The result is that the planned residential subdivision on the Property would not end 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 65th Avenue are adjoining the Property to which the Property has 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 Existing roads and driveways are anticipated to be aligned with opposite points of ingress and egress to the Ashton Estates Subdivision to the East along with three additional new points off 65th: one within 650 to 800 feet of the intersection of HWY 34 and 65th Avenue; one at the current right of way for the Poudre Valley Rural Electric Association transmission line; and one between the Properties South property line's intersection with 65th Avenue and the current right of way for the Poudre Valley Rural Electric. 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 West 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 West 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 five(5)points along 65th Avenue. 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 as it adjoins 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. (see Exhibit`E' -Topography) 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 three (3)storm water retention ponds with a total estimated surface area of approximately fifteen 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 West to similarly treat West 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. Currently,there is planning and discussion with the City of Greeley and the Greeley and Loveland Irrigation Company to evaluate the feasibility of the construction and maintenance of an equalizing pond on the Property, as the location of such on the Property is one of the last locations where such a pond could be located with a gravity in and gravity out control gate system. The pond will assist the Greeley/Loveland Ditch's ability to more adequately and predictably supply the increasing number of non-potable systems down stream, as well as losing less water to the dump ditch while seasonally filling and emptying the ditch. Non-Potable Water Supply. Currently,there is planning and discussion with the City of Greeley and the Greeley and Loveland Irrigation Company to evaluate the feasibility of the construction and maintenance of an equalizing pond. The Owner is 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. The possibility is enhanced should the equalizing pond be designed to store extra water for the system. The Owner is open to the possibility of a greater active `dual' water system throughout the Property, should the City so desire. Oil and Gas. There currently exist three (3) oil and gas wells on the Property. The operator, (Patina Oil and Gas),has filed for and staked three (3) additional well drilling sites for possible drilling on the property. In addition to the wells, there are two (2)tank batteries and stripper plants on the Property attached to the wells with underground lines. In addition to these facilities there cuts along the south property line, (in an East/West direction), an Associated Natural Gas transmission line. The Owner intends to leave the gas transmission line in place and is currently in good communication with Patina Oil and Gas to purchase the planned drilling sites and to plug and abandon the existing wells. Soils Conditions. The Owner has completed a thorough geo-technical analysis of the Property. Other than normal and prudent construction practices, there does not exist 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 is commissioning an environmental review, however, the total acreage of the Property has been in active farming production for over one hundred (100) years. No environmentally sensitive area 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 is in conversation with the Army Corps of Engineers in order that the future drainage from the Property does not threaten wetland and environmentally sensitive areas. The Property is not in any known flood plain or way, and the 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 currently exist with the Property,owned and controlled by the Owner, adequate and acceptable historical water to satisfy the raw water requirements of the City for the intended uses of the Property. Upon the future approval of a fmal 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 are to be entitled as well as light and medium Industrial. The Owner will be requesting some thirty(30) acres of such zoning and uses. Approximately twenty(20)to thirty (30) acres of residential medium to high density is planned by the Owner, and the remaining property is expected to be low 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 800 to 900 new school students. END NARRATIVE [ THIS SPACE LEFT BLANK INTENTIONALLY] MEYER FARM ANNEXATION Criteria for City of Greeley - Eligibility of Annexation. This application for annexation to the City of Greeley pertains to that parcel of land historically known as the Meyer Farm located at the SW corner of the intersection of HWY 34 Bypass and 65th Avenue in Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Ashcroft, LLC [Owner] (Dale Boehner, Manager), and is currently in irrigated agricultural production. 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 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 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 easily avail 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 currently used for agricultural purposes,however, situate on HWY 34 and developed suburban areas directly to the North, and 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 adequate ingress and egress points satisfactory to the intended uses of the Property. There currently exist with the Property, owned and controlled by the Owner, adequate historical water to satisfy the raw water requirements 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. 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 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. The City's growth pattern is beginning to appear as a longer and narrow East/West `strip', where the incorporation of the Property helps `round-out' and give better geographical balance to the City's southern boundary. 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 C:omprehensive 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 [THIS SPACE LEFT BLANK INTENTIONALLY] MEYER FARM ANNEXATION City of Greeley - Annexation Information Sheet Date: August 25, 2000 Annexation Name: Meyer Farm Annexation Name of Owner : Ashcroft, LLC - Dale Boehner, Manager 6371 W. 37th 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 : 240 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 If 22.038 Weld County 3.249 Weld Library J 10.635 Greeley General Improvement District 6.343 Aims Junior College V Current Tax Information: 90.58 Mill Levy $3,500 Property Tax List of Residents: None joins N/A m m er CO m �♦�� WCR 27 iii —I $ Iurn rv6X : ' c _ CD a Vii♦ ♦� . 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