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HomeMy WebLinkAbout20001220 �yr City of Greeley February 25, 2000 TO: Weld County Commissioners Weld County Attorney's Office Weld County School District Six Union Colony Fire & Rescue Authority Northern Colorado Water Conservancy District Aims Community College West Greeley Soil Conservation District Weld County Library FROM: Cheryl Aragon, Deputy City Clerk '1,1 - r SUBJECT: Sommersett West Annexation The Greeley City Council received a petition for annexation of property located generally north of East 20th Street and west of Ash Avenue, known as the Sommersett West 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, May 16, 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: May 16, 2000 7:30 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 ‘A) at 350-9743. ������ �/t) 00 / P2 no Pig &t s o /Liz IEP) SERVING OUR COMMUNITY • I T ' S A TRADITION 2000-1220 Z2)e promise to preserve anr/imProue/lie polity of l fe for✓gree/ey IlirourE limey, courteous anicost effe( 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. This territory is described in an annexation petition which has been filed with the City Clerk as the "Sommersett West"Annexation and is located generally north of East 20th Street and west of Ash Avenue. The hearing shall be held on May 16, 2000, in the City Council Chambers of the Public Safety Building, 919 7th Street, in the City of Greeley, Colorado, beginning at 7:30 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 may do so at the office of the City Clerk during business hours. Dated this 5th day of April, 2000. Cheryl Aragon Deputy City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 11 , 2000 CASE NO. A 4:00 A RESOLUTION FOR THE SOMMERSETT WEST ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, West Colorado Square, Ltd., submitted an annexation petition to the City of Greeley for annexation of property located generally at 1s` Avenue and 20th Street in the City of Greeley; 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 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 May16, 2000, at the Greeley City Council Chambers, 919 7th Street, Greeley, Colorado, during a regular City Council meeting beginning at 7:30 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. /511 PASSED AND ADOPTED, SIGNED AND APPROVED, this 4th day of April , 2000. ATTEST: CITY OF GREELEY: .. . 4 .4ec <P4)"m° City Clete Mayor PETITION FOR ANNEXATION SOMMERSETT WEST 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, " Sommer sett West 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 31-12-105 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 tmpiatted 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 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 cane impose sach mill levies and special assessments as it has the authority to impose. d owner(s) also agree(s) to waive, upon inclusion, any right which may exist to a refund pursuant to Article X, See1ion 20, of the Colorado Constitution. THEREFORE, the undersigned respectfully petitions) 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 Signature(s) Mailing Address pate of Signing West Colorado Square , Ltd 3835 W 10 St. #100 D Greeley, CO. 80634 rence . Hertzke • The foregoing signature(s) was/were subscribed and sworn ' before me this /'/ day of Fire u + by / \�p yV. /, 1 Witness my hand and official seal: • •�4� EVELYN , '• S V6221-1-t„ Mycommissi:'.is q,ires I ' / v?C7O ' ,� Notary Pub c lF �..... - My Con .Expires G 9X03 Land Owned Lots 7 and 8, of the Southwest 1 /4 of the Southwest 1/4 of Section 9, Township 5 North, Range 65 West of the 6th P.M. , according to the subdivision of lands by the Union Colony of Colorado, County of Weld, State of Colorado If necessary, attach separate sheet. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ) ss. COUNTY OF WELD ) John H. Crowley 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. (Sign e o ucu ato The foregoing Affidavit was subscribed and sworn to before me this A/ day of alit/IfiLs1 , aria, by :TWIN hi ogocot_ J y ,- _..... =PAM!! P-• ••k Witness my hand and official seal. -74,e. \e": 0 1I, EVELYN M. 1 My commission expires tit A0O %,�, BURKE Imo% " CI" 0 keg �t u e�i•�u i1�..kNi V�r Notary Public umva .•res , . 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 2-14-2000 1. Name of Annexation Sommersett West 2. Name of Property Owner(s) West Colorado Square, Ltd Street or Road Addresses of All Properties to be Annexed.(Attach separate sheet if necessary): 20th Street and 1st Avenue 3. Person to Contact (Name, Address and Phone) John H. Crowley Taurus Companies 3835 W 10 Street #100F Greeley, CO. 80634 970-352-0304 4. Size (in acres) 10 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. 6u, E. iglu( 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. Vaeot 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. 03-15-2000 09:47RM FROM WESTMOOR GOLD SUITES TO 92003509826 P.02 TAURUS COMPANIES 3835 W.10th Street-100E Phone: (970) 352-0304 Greeley,CO 80634 ccvFAX; (970) 352-3006 March 14,2000 Ms.Debbie de 8esche CITY OF GREELEY OFFICE OF COMMUNITY DEVELOPMENT 1100 10th Street Greeley,CO 80631 MS.DE BESCHE As requested we are providing the below detailed information to further describe property we are requesting annexation to the City at Greeley and known as the Sommersett West Annexation. * Subject property is currently located in Weld County and zoned R-1,Single Family Residential. Surrounding property is single family residential,agricultural,manufactured housing,commercial and PUD(residential). * Based on 2.7 students per household this project would generate 149 students when complete. * The proposed project when completed would consist of 27 single family homes and 14 duplex homes or a total of 55 households. * The property is located in School District 6,Western Hills Are Protection District,West Greeley Soils Conversation District,the Airport Overlay Zone,and is not located in a Rood Zone(Panel#0802660637 dated 9/28/82). County records Indicate the property subject to the following Tax Authorities: Weld County,School District#6,NCW Water,Western Hits Are,Aims Junior CoNege and Weld library. * We have notified mineral right Owner and Lessee of our intent to annex via Certified Mae and have provided the City of Greeley with mailing labels for all property owners within 500 feet of the subject property. * We have notified the City of Greeley,in witting,of our intent to include the propertyNorthern Co in the lorado Water Conservancy District and Subdistrict ----- ' * There are no other agreements between the applicant and governmental entities,quasi-public entities and special districts that may affect the property relating to access,irrigation,fire protection and sanitation. * There are no private agreements relating to topics subject to governmental approval,such as signage,oil and gas operations and building permits. We thank you for your assistance in bringing this property to annexation into the City of Greeley in as timely of manner as possible and we look forward to meeting the schedule as you have proposed. eS SU A US COMPANIE ' John H.Crowley,Project Developer copy: Lawrence Matzke,WEST COLORADO SQUARE TOTAL P.02 FROM 9703363116 TO 03/15/00 09 : 46 a Page 2 ' NOTE TO APPLICANT: ' LAND USE APPLICATION CITY OF GREELEY O Please print or type all required information.This form COMMUNITY DEVELOPMENT DEPT. NO8 is NOT the complete submittal. Additional application AC CO NO. 110010TH STREET,SUITE 101 8 materials,as well as the fee,are to be provided with this DATE COMPLETE GREELEY,CO 80631 form. Staff will review the submittal and advise you of APPLICATION RECEIVED (970)350-9780 Planner C its completeness for processing. RECEIVED BY `�'�'�� o 4 Check Received_ Amount S Pilling Closeout Refund Billed Date: Amount S GENERAL INFORMATION: PROJECT INFORMATION: Name ofOwner(s) West Colorado Square, Ltd projeci SOMMERSETT WEST Complete Address 3835 W 10 Street //100 D Address/Location 1st Avenue & 20 Street Greeley. CO. 80634 Greeley, CO. 80631 Telephone (970) 356-2426 Ac ,t Zoning' NA Proposed Zoning Action R-M Lots 7 & 8 of the SW 1/4 of Applicant/Agent Taurus Companies/Jack Crowley Legal Description(attach if additional space is needed)SW 1/4 of section 9, Township 5 N,Range 65 W of the 6th P.M., according to the subdivision of lands Complete Address 3835 W 10 Street #100 F by the union uoiony or Coloraoo, Cilunty of Weld, Suite of ColurdW Existing SiteUses(s) Agricultural reelev,. CO. 80634 Proposed SiteUse(s) Residential (R-M) Telephone (970) 352-0304 Site Arta(Acres or Square Feet) 10 Acres FEE INFORMATION: CERTIFICATIONS(S) Fee shall be determined on a case-by-case basis and shall be based on an estimated hourly rate by Must be signed by EACH owner of record or authorized officer(s),if a corporation;current proof of the project planner which will also include estimated review costs by other City departments. ownership will be requested. Corporations:Evidence of who is Authorized to bind the corporation Fees are due before processing proceeds. may be requested. PM$2 0 Maximum I/We certify that the application and support materials provided to the City of Greeley for the identified Zoning/Rezoning a m to the City of PUD(Concept,Final,Original,Modified') S250 52,500 Greeley and authorized individuals orfunu to represent our interest in this/these hese Use by Special Review' S250 52,500 request(s). r C>i3.� Annexation 5500 ,000 Subdivision/Replad $1,5100 51,000 Vacations/Dedications' Szoo sl,000 West Colorado Square, Ltd. Special Use Permits S100 $1,000 Name(print) Lawrence H. Hertzke S' taro 'If concept and final plans are processed concurrently,only one fee will be charged. 'There will be additional fees for oil and gas webs to recover costs incurred by the Name(print) Signature Fire Department after USR permit approval. 'Additional filing fees required to Weld County Clerk and Recorder. 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