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Home My WebLink About20002989 ►.;'yam W __O On y City of CO' . Greeley '! iMV30 AN8: 54 November 22, 2000 RECEIVED 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: Igo Annexation The Greeley City Council received a petition for annexation of property located generally southwest of 65th Avenue and 37th Street, known as the Igo 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. {age Veilleu) /c2-`1_ 00 cue .' Pt, -44)) 01/4, e c.5-e) AIL��.dJ SERVING OUR COMMUNITY • t T ' S A TRADITI 2000-2989 70e promise lo preserve and improve the 9uah/y of l`e for 9ree/ey l rou9li/beefy,y, courteous and cost effective service. 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"Wiedeman First Annexation"located generally northwest of 37i11 Street at 71"Avenue • the "Wiedeman Second Annexation" located generally northwest of 37' Street at 71" Avenue • the "Wiedeman Third Annexation" located generally northwest of 37th Street at 71" Avenue • the "Wiedeman Fourth Annexation" located generally northwest of 37`h Street at 71" Avenue • the "Wiedeman Fifth Annexation" located generally northwest of 37`h Street at 71' Avenue • the "Igo Annexation" located southwest of 65`1 Avenue and 3711 Street • the "Fafoutis First Annexation" located southeast of 83`d Avenue and U.S. 34 Bypass • the "Fafoutis Second Annexation" located southeast of 83`d Avenue and U.S. 34 Bypass • the "Lundvall Annexation" located southwest of 83`d Avenue and U.S. 34 Bypass • and the "Lundvall Second Annexation" located southeast of 37`11 Street at 95`h Avenue Dated this 21" day of November, 2000. Betsy Holder City Clerk CITY OF GREELEY, COLORADO RESOLUTION NO. 64, 2000 A RESOLUTION FOR THE IGO ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, Great Northern Properties, LLLP and William C. Bensler, submitted an Annexation Petition to the City of Greeley for annexation of property located southwest of 65`h Avenue and 37`h Street in the City of Greeley, Colorado; 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 more specifically described as Exhibit A; 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 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 mm.. 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 7th day of November, 2000. ATTEST: THE CITY OF GREELEY, COLORADO By: By: City Clerk Mayor PETITION FOR ANNEXATION IGO 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, "IGO 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 : Great Northern Properties, LLLP By: ao� \ am' q 1 131O O t> . Dan Wheeler, General Partner Date 812 8th Street Plaza Greeley, CO 80631 = w The foregoing�, signature(s) was/were subscribed and sworn /to�before me this)3 d J}a of -Sg,, ! Pn, 2000 by k/ ; 11 i a hi 5FURL {I riNYirETm, Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO ica tea ( r • ,.20,14,471-My.commission expires a// 0.3 Notary Public ( � � &E 4:1 tivt' t( (L )UD William C. Bensler Date 1833 Pinecrest Lane �'.• Greeley, CO 80631 t;;-- r r, 6.,c-:/credo ( ar if a if' 4c%/tf' The foregoing signature(s) was/were subscribed and sworn to before me this day of epicyn,i4, 2000by To hurl D, Wh I -Pr' Witness my hand and-official se . c3 4 c. ¢ 6, A y commission expires 12—//-O '. Notary Public' SHIRLEY A.DEGENHART NOTARY PUBLIC STATE OF COLORADO IGO ANNEXATION City of Greeley - Annexation Information Sheet Date: August 25, 2000 Annexation Name: IGO Annexation Name of Owner : Great Northern Properties, LLLP John D.Wheeler, General Partner 812 8th Street Plaza Greeley, CO 80631 William C. Bensler 1833 Pinecrest Lane Greeley, CO 80631 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 : 320 Acres (+-) Initiated by: Owner Intended Use/Development: (see Narrative) List of Special Districts: 47.315 School District#6 J 0608 1.0 Northern Colorado Water Conservancy District 22.038 Weld County ✓ 3.249 Weld Library✓ .556 Milliken Fire Bond 3.678 Milliken Fire 6.343 Aims Junior College / .414 West Greeley Soil r/ Current Tax Information: 84.593 Mill Levy $2,183 Property Tax List of Residents: None IGO 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 Ashcroft School located at the NE '/4 of Section 29, and the NW 'h of Section 28, T5N, R66W, Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Great Northern Properties, LLLP and William C. Bensler [Owner] and is currently in irrigated agricultural production. The Property is contiguous to the City of Greeley [City], adjoined by the City to the North(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 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 37th Street 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 37th Street 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 by extending those to the Two Rivers Parkway, thereby 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 Greeley. There is some mention of an existing agreement with the City of Greeley that uses an East/West extension of 32nd Street as a line of demarcation between Greeley to the North and Greeley to the South. This agreement supposedly ends at 71st Avenue, and then Greeley could 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. 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 is near and 65th Avenue, 37th Street and the new Two Rivers Parkway 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. Further extension of 71st Avenue southerly to meet and intersect the Property is not anticipated. Existing Utilities. There is 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 Meyer Farm Annexation,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, that includes the use of storm sewer tiles for limited historical flows and releases into the Ashcroft Draw. Non-Potable Water Supply. Currently, there is some planning and discussion with the City of Greeley to evaluate the feasibility of the construction and maintenance of a non-potable pond and irrigation system. 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. 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 witht the oil and gas companies to purchase the sites and to plug and abandon the existing wells. 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 seemingly 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 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 are to be entitled as well as light and medium Industrial. The Owner will be requesting some 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] IGO 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 Ashcroft School located at the NE ''A of Section 29, and the NW 'A of Section 28, T5N, R66W, Weld County, Colorado [the Property]. The Property together with all existing real improvements is owned by Great Northern Properties, LLLP and William C. Bensler [Owner] and is currently in irrigated agricultural production. The Property is situate 1/2 mile from the City of Greeley [City] and the Property is within the already defined growth objectives of the City. 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 proposed to be adjoined by the City of Greeley to the North along the 37th Street right of way and the Wiedeman Farm Annexation. (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 consistent with 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, it is situate near HWY 34 and developed suburban areas directly to the North, and East. The Property is one of the more 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, extending those to the new Two River Parkway, 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. 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 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 [THIS SPACE LEFT BLANK INTENTIONALLY] (N lieti,ca N ivv o v i 1 P/ Greeley -NN"‘'N‘.1/2,.....N.41N;N:-..\NN 8" r 411 I isie mod1 lie /i.../y..,,, °1 1 D e • e ) . ii • dl .:L I Co ♦♦ ►♦♦�►1 ♦♦� ♦♦♦♦♦♦� ♦' I ; ir 1 al ; I 4 r raja?' a 1 c : , '?'.: ih /♦♦♦� ♦♦♦♦♦�I�♦ d'• i m ♦♦ ►♦♦♦�� , #1) 10 11 — fir I ' in -11 .\-- I - ' . ------1_________ 7-17: Preliminary Draft joins N/A Hello