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HomeMy WebLinkAbout20000584.tiff G yleey February 25, 2000 TO: Weld County Commissioners Weld County Attorney's Office Weld County School District Six Weld Library District Aims Community College Western Hills Fire Protection District North Colorado Water Conservancy District FROM: Cheryl Aragon, Deputy City Clerk UO,, SUBJECT: Mahan-Brighi Annexation The Greeley City Council received a petition for annexation of property located generally south of 4th Street and west of 59th Avenue, known as the Mahan-Brighi 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, April 4, 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: April 4, 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 at 350-9743. 0' 9# Ad,, C'A, CM, sp,SERVING OUR CO M M U N I TY • ( T ' 9 A TRADITION d I We promise/o preserve and improve/fie yual/y of lift for 9reefey/krouyE/irne y, coup/eons and c 2000-0584 CITY OF GREELEY, COLORADO RESOLUTION NO. 3 , 2000 CASE NO. A 3:00 A RESOLUTION FOR THE MAHAN-BRIGHI ANNEXATION PETITION FINDING SUBSTANTIAL COMPLIANCE WITH STATE ANNEXATION LAWS AND SETTING A HEARING FOR CONSIDERATION OF AN ANNEXATION WHEREAS, William and Isla Mahan and Louis Brighi 3'', 4th, and 5th Family, Ltds., submitted an annexation petition to the City of Greeley for annexation of property located northwest of 59th Avenue and 10th 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 April 4, 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. PASSED AND ADOPTED, SIGNED AND APPROVED, this 15thday of February , 2000. ATTEST: CITY OF GREELEY: •)1/4 ( � t A . * ) City C1er14 Mayor �1 I �:: . �.�' ATTACHMENT A , 2-:•-:,„,•,.„, , _ ,,,,... . . . A . .... . ..1.ef i., i 1 II ,_1 ei• R� 4th Sire X11 len �!.J i I1 II i i la) City AREA TO BE ►s ♦ 47 ■►itst at... E City ANNEXED ♦�♦�, see eel sitsib Al er. u: . . 1.1 : ,---. 1Oth Strcct ■ ii H'rIllillill ' ' County eI:?I tiyl °1531 I3 ill .iea: EIEEIEEI IE is Ili . ug N CC .. inu 41 4 :a 17:1211P P City - .n .. it in wIls Legend N CMParcels ...) W - (N E Roadcl • Strcture S ble' 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 "Mahan- Brighi" Annexation and is located generally south of 4`b Street and west of 59`°Avenue. The hearing shall be held on April 4, 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 16`1 day of February, 2000. Betsy D. Holder City Clerk PETITION FOR ANNEXATION 4, -1 ,/tt; ANNEXATION TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF GREELEY, COLORADO: The undersigned, in accordance with Tide 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 forrpitory described herein and described and shown on the map designated, " Mak - IA0144 Annexation." Four (4) copies of said map are submitted herewith-find 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, 444, 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 7/-7-0 o/D o 1. Name of Annexation 4L-- 6(7(.4 2. Name of Property Owner(s) --s iw M __ ce s Lit, l j— �„I t}D rr�- �,C T' lJ,liia { ls�t 7�y�ic wcF 6to44, ',4 s <� . k„/ A---,i711/1-0 Street or Road Addresses of All Properties to be Annexed (Attach separate sheet if necessary): h3/ ia- Sfi. 4.5I0 q 5/. 59o ( 5955 /o'= >`+. 5903 /0& sf. ‘ f7s 5f. 3. Person to Contact (Name, Address and Phone) 6f s, //Do 550-9781 4. Size (in 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. 6. Attach a list of all residents (and their addresses) of the territory proposed for annexation who are not land owners. 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. MAHAN BRIGHI ANNEXATION .,BC d IM1tA{M.YImi Cline out Sere,d L,SalnrTdllwO Yr a.i...6 RAT NORTHall �Wu,.)t.ANNEXATION Nia. poi d0.Nuth..Iw.ge.r M ponds NaYtuiI QOMY d9ellmf Part of the Southeast Quarter and part of the Southwest Quarter of Ks i•us ledv.).w BId.••Wp'0=mEm w NN f�wIA.O r Section 4, part Taws*S N,•!•...O W,l d 4,Aw.MpINeWl..M1N Gm,. Colo„ e•I ether Smiled.Ulan of the Northeast Quarter and part of the Northwest Quarter of Section 9, all in COIMIENZIM d dehlwlorr amid Sr.t al mutts h alb b as Ands*Omar.'al mkt Swam.4 w bet Nat WWII'War,sA Township 5 North, Range 66 West of the Sixth Principal Meridian, Weld County, Colorado .. l Seen w° Sean*avian 1 11®9ea W4d'Y•.IMU M•N.Silas kraal the)d ttQ tltd �'1R\�-� Salon' dubs. sidu3 34 OT!weed (Thi / edam Itld.d•Wq IRO•W FNORTH SHEEP N TMOTQm,Y T 1...1 i � DRAW THIRD Tb.Srk 90000,W•••vlrrb h TOM POINT OF eaaam•C; \ 3 try. ANNEXATION O NNE X AwT.I ON CORRECTION PLAT NORTH SH P W )NQ_T RC, it/�., • ~ kibYw ors T®,OlleltlsossAid ow.7001k W'wlp. A. Wert 4,w[n cow. NN.thOv]{'W>AmIVC .ow in wane,..[`�.�•,• .-. — I� llNa4 W5•]I'WvtffiSSYC en.•E•w•wc•• .wn[w,W,m wc. 1V 1 I 3 aNi 2 NSW„Md'1t iW O. Gunn Of IGII4X mwnM j I ( -� _.lo rtc..+,,,.•. _ *North 1r5900"WK1®S bath. tithe Wm F.d Ih•NVOSY •.W1 -..--`W. AIM STREET ,..arc Incas J_ __ n•.G.•nta., o pm•.deelml Pa.i.H.S..O�aTr er.uTU Ise frh South S Q.bmvd.d Sa>m.k so.. •r1. .sn,c•n•o• j de a Tim mw.J.Sag od Seri.Ndt•d•W.T th.N.th MSR%it O.ITM1t = n I• 1 X nLm.WgiM DRAWA.Mub.Rt•me.wWVod in&Sad O LW WATNRQc9�ORAwANNYAILN..tlp.Mgmhhl�Ymd z the Sate r Qum, sad 9Clw 0Qd•pair Ile North SPEW w•M1 Em I! NmhSmY,Omura..amid SalmIL a iBj el w• rt00Lti I Tlmi..hbt s.)d=dt2®IiN MT NORTHMt RAWGTwN b,d Slowly f..®w w 3 11 ANNfN.h or r SR 429.93 Set z a DN.ssotwl 1.rmht T Nv0i0 WU We.A0Rht Z �I ° N Q Het 029301' u sr Wa.010dii Q nN.thM®01'.a1m.lTwwb.pwmdeOmth Yee dNOr111 SHEEP 3 I vLOW mmD.waUTvt WT.m,kn_bboslo d.dNRmS1�IMwT1@ONd6TATLWOT a hbB.wk l..min Cr Id • 'Weds ION Or ILK a0.111-Pali•M N III Y Sets ha the Ned,[m Q I N kS dwiNStitttt hd.tl hest; } II Noll WWII'.a W/®M Pad M ai A M Sw&fade NSN ▪ I * owns 3 m. ••• km Sea Meta.R.rvdr.9etaat a-S - c S 1 IISO05.011 W .'mrwd leth..iata 4dwr Smh Omani LA I S g dhiors.Omar..'timid Srlmt lao OCOST r Oa.Iac be pdsWNr Lb•Wd fa•.&Mie i ...... r.... S a. J •11 dWQo...IYIS.Y.IbdeRUE IWITR R�MtC yI I, G 0 muarkWige Atiade ak TOdI dtiH St VANQAIAI@f ¢ g 1 z 6 n.sa..RA.isI'eP.MO^Nrk.IIdWAANOLt1ZT9MeY! F . cm.LW, • uaM,SOid.d.,TdidflmW maY.dw.Wue di dde WW s- w.T Oat geA Rmim a Imflw.OeeS+m Nlr.ages C ys • I It U Ov�AW4frp1lmlt.d.1WWT z d LL tot laM Rampage Nab.NiB F s.._..,. W o z N Bub IonI.iglam Nmb.IrA.N. a "'_ > o I I.( a — 5awrynWo Cwyywy u x A ICw ~ W C.e .Ws"nedWpq.dbY and bB.®TdG.YT. mums 0, Z U I 1�.J 1�yI Wil Uri. landona rowel mA.q Anoka And the h same Ismnut 2 "Mr= , dl — a. r deb d e kvwip IdW.lads $ e.e m.he.MNdh i I.w Iml bmbid h Ina pgWNhCeS Ym.Irym.lMh Wig border, o jT Rc.w.nw.w —EC Cr do.oevaCml9.W.d CnmT.CiY.tlo.— EMIT NOOK 1011 0 rc .) ..a....I•e MOW o rw •� a \\\_'r..�.. I LI kF w•E •a,. ad,.me t Hetet, C • `�. T..a � \\\\ F .w. an w.nuuWNW. Calm Ngeb.1PrOfealitial Loci d p I MAHAN 00•a 0 .0°.ANNEXATION �. ••e \� t�\�,�a\i \\C� ` ,w.n w.9 l''''''. nar,uaw•na. kt--r Amami _ \uu� \Ka.A � w�be amwehe`Q1Te Sava., way 1,.ee�wda.w�. Gw.n..nw•:w w ors. T ___ ` num umwnw,-asm.. Nt..••,.w. wan.m.11W. ch C"d,r lwr. f0th STREIp • the Onto" Nlyddlm Gmv/Ji, Md •�• U.S. HIGHWAY 33. 10th STREET) cw•...�n-a.—^P°'a,•r Dana%canal A' t cTic Nana-tim •Ns.No .e .• ••o••` • nn Ij •n • S •G•,s.•s-...u. TRUE row of OEfwWWO 000Ca A.d. C111-- Mayer 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 owners) 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 A to the City of Greeley in accordance with and pursuant to the statutes of the State of Colorado. J a d Owners ame(s) and Signature(s) Mailing AddressDate f Si ot� Pi�-Cd»2cu e4. / © n ` ? vv7r Co Po& 3 'tD Thh foregoing signature(s) was/were subscribed and sworn to before me this 3 _ day of -ciahattAy_ , WOO, by Witness tie hand . �tC.: i gz :...............'l��rr MY COMMISSION EXPIRES My commission expires OCTOBER ts,2003 No . Public 'S e,_, • rr1y`f OF ..... Land Owned If necessary, attach separate sheet. AFFIDAVIT OF CIRCULATOR STATE OF COLORADO ) ss. COUNTY OF WELD ) Wayne A. Howard 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. /4 (ignate of Circulator) The foregoing Affidavit was subscribed and sworn to before me this 3 rd day of January , 24.44, by i t to V nl k - I a i , 1/4;r: , t . Witness my hand and official seal. l My commission expires 1 l; l T2 0 O oflo Vr Notary Public 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) acknowledges) 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 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 / / Date of Signing 4 Zia )1i ) gJca n) )'I7r- , 6 s/O t L 4' — St //O c/2 c C0 % C2 us Cc310 Ctit Y'if Sr . 0 .3/_'- CO The foregoing signature(s) was/were subscribed and sworn to before me this 3 Re day of Ta4tif a.eva by Witness m hand and ll • �.." i c �S MY COMMISSION EXPIRES ';� �? EA My commission expires OCTOBER 18,2003 Notaryi' blic ••mac Cptt - Land Owned If necessary, attach separate sheet. MAHAN-BRIGHI ANNEXATION Special Districts 1. Weld Library District 2. Aims Junior College 3. Western Hills Fire Protection District 4. Weld County 5. NCW Water 6. School District#6 List of Residents Who Are Not Landowners Nathan Berry 5905 10`° Street Greeley, CO 80634 Description of Use The subject property is surrounded on three sides by the City of Greeley and is part of a larger enclave. To the north is 411' Street, 59`"Avenue is to the east and 10`" Street is south of the site. Sheep Draw, with areas identified as floodway and floodplain runs through the far western portion of the site. Existing uses on the site include two single-family residences, a Public Service meter run, a used car lot with attendant outside storage, an unused commercial building, various outbuildings and a farm with fall pumpkin sales. At this time,the existing land uses are proposed to continue, and it's anticipated the proposed zoning will reflect the uses. In the northwest corner of the property, the land owners are interested in selling a parcel to a church. A residential zone and subsequent use by special review application is anticipated. The floodway associated with Sheep Draw is proposed for CD (Conservation District) zoning. The property is currently zoned A (Agricultural) and C-3 (Commercial) in the County. Hello