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Home My WebLink About971809.tiffr2 TOWN OF WINDSOR Planning Department 301 Walnut Street Windsor, CO 80550 (970) 686-7476 FAX: (970) 686-7180 REFERRAL TO: FROM: SUBJECT: DATE: Clerk for the Weld County Commissioners Janet Carpenter, Senior Planner ALTERGOTT FARMS ANNEXATION July 29, 1997 Please review and comment on the above mentioned information and return to the Town of Windsor Planning Department within thirty (30) days. If comments from your office are not received within thirty (30), we will assume that you approve the proposal in its current form. We do, however, appreciate a response even if you only mark the form "no comment". DESCRIPTION OR OTHER DETAILS: The Planning Commission will hold a public hearing on August 20th and the Town Board on September 8, 1997. Please feel free to request additional information from either the Town or the developer in your response. If you do not feel you can respond within the allotted time or can only respond upon receipt of additional information, please let us know. COMMENTS FROM YOUR AGENCY OR OFFICE: By: Date: The Town of Windsor charges $2.00 for 24"X36" blueline reproductions and $3.00 for 30"X42". If you wish to have a recorded copy of this project mailed to your office, please check here: 0 You will be billed at the end of each month for copies made. Ile MCI- k !42°irr 004477 TOWN OF WINDSOR (IC . Pi gel ry 19(nLnla ) P«j lie 3ell Ste;Ch 971809 ANNEXATION PETITION I, Dorothy Altergott as Trustee for the Jacob and Dorothy Altergott Loving Trust, the landowner of more than 50% of the territory, excluding public streets and alleys, described as: A PARCEL OF LAND BEING ALL THAT PART OF THE SOUTHEAST QUARTER (SE1/4) LYING SOUTHWESTERLY OF THE RIGHT-OF-WAY OF THE BURLINGTON AND QUINCY RAILROAD, AND THE EAST HALF OF THE SOUTHWEST QUARTER (E112, SW1/4) OF SECTION TWENTY- TWO (22), TOWNSHIP SIX NORTH (T6N), RANGE SIXTY-SEVEN WEST (R67W) OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.), COUNTY OF WELD, STATE OF COLORADO. EXCEPT THE FOLLOWING TWO (2) DESCRIBED PARCELS OF LAND: #1: A STRIP OF LAND BEING THE NORTH 33 FEET OF THE E1/2 SW1/4 AS DESCRIBED IN BOOK 181, PAGE 447, AS RECORDED FEBRUARY 15, 1901. #2: SUBDIVISION EXEMPTION NO SE 622 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION 22 AND ASSUMING THE SOUTH LINE OF SAID E1/2 SW1/4 TO BEAR SOUTH 89°24'55" WEST A DISTANCE OF 1304.39 FEET WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO: THENCE SOUTH 89°24'55" WEST ALONG THE SOUTH LINE OF SAID E1/2 SW1/4 A DISTANCE OF 1304.39 FEET TO THE SOUTHWEST CORNER OF SAID E1/2 SW1/4; THENCE NORTH 00°11'01" WEST ALONG THE WEST LINE OF SAID E1/2 SW1/4 A DISTANCE OF 2602.56 FEET TO A POINT THIRTY-THREE FEET (33') SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF THE E1/2 SW1/4 OF SAID SECTION 22. FROM SAID POINT THE NORTHWEST CORNER OF SAID E1/2 SW1/4 BEARS NORTH 00°11'01" WEST A DISTANCE OF 33.00 FEET; THENCE NORTH 89°18'28" EAST ALONG A LINE 33' SOUTH OF AS MEASURED AT RIGHT ANGLES TO THE NORTH LINE OF SAID E1/2 SW1/4 A DISTANCE OF 1305.03 FEET TO THE EAST LINE OF SAID E1/2 SW1/4; THENCE NORTH 00°10'13" WEST ALONG SAID EAST LINE A DISTANCE OF 33.00 FEET TO THE NORTHWEST CORNER OF THE SE1/4 OF SAID SECTION 22; THENCE NORTH 89°18'21" EAST ALONG THE NORTH LINE OF SAID SE1/4 A DISTANCE OF 1848.86 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY (ROW) LINE OF THE AFORESAID BURLINGTON AND QUINCY RAILROAD; THENCE SOUTH 71°13'48" EAST ALONG SAID SOUTHWESTERLY ROW LINE A DISTANCE OF 803.16 FEET TO THE EAST LINE OF SAID SE1/4; THENCE SOUTH 00°07'22" EAST ALONG SAID EAST LINE A DISTANCE OF 2375.71 FEET TO THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE SOUTH 89°25'18" WEST ALONG THE SOUTH LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER (E1/2 SE1/4) A DISTANCE OF 913.94 FEET TO THE SOUTHEAST CORNER OF SAID SE 622. FROM SAID POINT THE SOUTHWEST CORNER OF SAID E1/2 SE1/4 BEARS SOUTH 89°25'18" WEST A DISTANCE OF 389.32 FEET; THENCE ALONG THE EASTERLY, NORTHERLY AND WESTERLY LINES OF SAID SE 622 BY THE FOLLOWING SIX (6) COURSES AND DISTANCES: THENCE NORTH 00°34'42" WEST A DISTANCE OF 250.55 FEET; THENCE NORTH 40°30'27" WEST A DISTANCE OF 538.78 FEET; THENCE SOUTH 89°25'20" WEST A DISTANCE OF 252.83 FEET; THENCE SOUTH 00°35'29" WEST A DISTANCE OF 378.11 FEET; THENCE SOUTH 06°51'09" WEST A DISTANCE OF 96.68 FEET; THENCE SOUTH 00°34'36" EAST A DISTANCE OF 189.80 FEET TO THE SOUTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER (W1/2 SE1/4); THENCE SOUTH 89°25'24" WEST ALONG SAID SOUTH LINE A DISTANCE OF 1073.76 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCELS OF LAND CONTAIN 226.094 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY RIGHTS -OF -WAY OR OTHER EASEMENTS AS GRANTED OR RESERVED BY DOCUMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND ALLEGE THE FOLLOWING TO BE TRUE AND CORRECT: The perimeter of the proposed annexation has a distance of 13967.14 feet, of which 5894.65 feet are contiguous to the existing TOWN limits of the TOWN OF WINDSOR. A minimum of 1/6 of the perimeter of the proposed annexation is contiguous to the TOWN OF WINDSOR. We further allege: 1. It is desirable and necessary that said territory to be annexed to the TOWN OF WINDSOR. 2. A community of interest exists between the said territory and the TOWN OF WINDSOR. 3. Said territory is urban or will be urbanized in the near future. 4. Said territory is integrated or capable of being integrated with the TOWN OF WINDSOR. 5. No land held in identical ownership is divided into separate parcels unless the owner of said tract has consented in writing or joins in this Petition. 6. No land held in identical ownership comprises 20 acres and together with improvements had an assessed valuation in excess of $200,000.00 in the year preceding the filing of this Petition. 7. No proceedings for annexation of the territory have been commenced for annexation to another municipality. 8. The signers hereof comprise the landowners of more than 50% of the territory proposed to be annexed exclusive of streets and alleys, and are in fact owners of 100% of the heretofore described property. Therefore, the undersigned hereby request that the TOWN OF WINDSOR approve the annexation of the area described above and do herewith pay the required fees. In addition to the annexation, the undersigned request the zoning of PUD for the above described property. Date Owners Signature Mailing Address (� nvac %�-GL -X" L^ _clL -57 06.7,--taz OJL-F',(a#,r4.4[.0t2:535 WCR 66. Windsor, CO 80550 Jacob and Dorothy Alt&gott{oving Trust By: Dorothy Altergott, Trustee HA2862 006\01WNNXPE.WIN lune 23, 1997 TOWN OF WINDSOR RESOLUTION NO. 1997- 37 BEING A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND ESTABLISHING THE TOWN OF WINDSOR'S INTENT TO ANNEX CERTAIN REAL PROPERTY KNOWN AS THE CHANCELLOR FARMS ANNEXATION AND A DETERMINATION OF SUBSTANTIAL COMPLIANCE WITH THE MUNICIPAL ANNEXATION ACT OF 1965. WHEREAS, a petition has been filed by Dorothy Altergott, Trustee for the Jacob and Dorothy Altergott Loving Trust, to annex to the Town certain real property known as the Chancellor Farms Annexation, more particularly described within the petition which is attached hereto and incorporated herein by this reference; and WHEREAS, pursuant to the Municipal Annexation Act of 1965, the Town is required to establish a date, time, and place for a public hearing on said annexation; and WHEREAS, the Town is further required to determine that the petition for annexation is in substantial compliance with the Municipal Annexation Act of 1965. NOW, THEREFORE, IT IS HEREBY FOUND AND RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS: I. The petition for annexation has been signed by more than 50 percent of the land owners in the proposed annexation, said land owners owning more than 50 percent of the land in the area to be annexed. 2. At least 1/6 of the boundaries of the proposed annexation are contiguous to the boundaries of the Town of Windsor, pursuant to Section 31-12-104(1)(a), Colorado Revised Statutes, as amended. 3. A community of interest exists between the area proposed to be annexed and the Town of Windsor. 4. A public bearing shall be held at 7:00 P.M. on September 8, 1997 at the Town Hall, 301 Walnut Street, Windsor, Colorado. Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 14th day of July, 1997. TOWN OF WINDSOR, COLORADO By: /11Gr/,.t_ n%cf^ ayor ATTEST: TOWN OF WINDSOR PLANNING & ZONING DEPARTMENT 301 WALNUT STREET WINDSOR, CO 80550 (970) 686-7476 FAX: (970) 686-7180 - IMPACT STATEMENT - CHANCELLOR FARMS (ALTERGOTT) ANNEXATION The 226.094 acre parcel involved in this annexation is located north of Eastman Park Drive (WCR 66) and approximately' mile east of SH 257 and is further described as being all that part of the Southeast Quarter (SE '/) lying Southwesterly of the right-of-way of the Burlington and Quincy Railroad and the East Half of the Southwest Quarter (E1/2 SW1/4) of Section Twenty Two (22), Township Six North (T.6N.) Range Sixty-seven West (R.67W.) of the Sixth P.M., County of Weld, State of Colorado. The annexation petition has been signed by one - hundred percent (100%) of the property owners. • Water Service - Town of Windsor - Infrastructure to be constructed by the developer at the developer's expense. • Sanitary Sewer Service - Town of Windsor - Town of Windsor - Infrastructure to be constructed by the developer at the developer's expense. Any septic systems requested and approved by the town will be constructed at the sole expense of the property owner(s) and reviewed, approved and inspected by the Weld County Health Department. • Drainage Facilities - Town of Windsor - Infrastructure to be constructed by the developer at the developer's expense. • Fire Protection -.Windsor-Severance Fire Protection District. • Police Protection - Town of Windsor Police Department. • The property has existing access to Eastman Park Drive (Weld County Road 66). • A copy of the affected districts is attached. All development proposals will be required to comply with the zoning and subdivision ordinances of the Town of Windsor. The Master Plan for this annexation was rejected by the Town of Windsor Planning Department due to lack of required detail. Your agency will be mailed a copy of the Master Plan when it has been received by the Town of Windsor. There is a Minor Subdivision process pending for existing improvements on the farm. JAL anet E. Carp€nter Senior Planner July 29, 1997 jec CHANCELLOR FARMS ANNEXATION TO THE TOWN OF WINDSOR This is a request to annex approximately 226 acres and the associated residential and agricultural improvements owned by the Jacob and Dorothy Altergott Loving Trust to the Town of Windsor. This property is under option to the Rocky Mountain Trust, represented by Mr. Rusty Green. It is the intention of this request to bring the entire property under the jurisdiction of the Town of Windsor so that it can be developed as a mixed use Planned Unit Development consistent with the Town's Goals, Policies and Regulations at some time in the future. The applicant wishes to annex the property, subdivide and sell off the existing improvements and continue to manage the remaining property as an agricultural use while the plans for future development are reviewed by the Town of Windsor. To that end, the Master Plan leaves the specific details of all decisions regarding future development of the property to be worked out with the Town through the preliminary platting process. Details regarding specific allowed uses, densities, public land dedications, utility and road extensions will be determined in cooperation with the Town through the public review process associated with the preliminary plat. Based on our understanding of the Town of Windsor Planned Unit Development Regulations (PUD), this property can be developed consistent with the general location and planning requirements for PUD's. It is unclear at this time what the most appropriate underlying zoning should be. The PUD as proposed will include a mixture of industrial, commercial and residential development and associated open space. The applicant intends to work in cooperation with the Town to determine specific details regarding the location and intensity of the proposed uses and the appropriate underlying zoning classification. A portion of the property is included in a designated 100 year floodplain. Preliminary investigations indicate that it may be possible to amend the floodplain through appropriate grading of the site. It is anticipated that a small pond will be created in association with the amendments to the floodplain. We will provide the Town specific information regarding any proposed amendments to the floodplain at the time of preliminary plat. The Annexation Map has been prepared as outlined in the Planning Procedures Manual. The Master Plan has been prepared consistent with the intent as outlined above. Specific details regarding easements and right-of-ways, lot and block numbers, gross and net densities and floor area ratio, and public land dedications have been referred to on the plan with the intention that they will be determined at the time of preliminary plat. The only public land dedication specifically contemplated with this request is the right-of-way for Eastman Park Drive as indicated on the Master Plan and Annexation Map. Supportive information as outlined in the Planning Procedures Manual is provided as follows: 1. A Geologic and Preliminary Geotechnical Investigation prepared by CTL/Thompson, Inc. is attached for your review. 2. Existing utilities have been indicated on the Master Plan. Proposed utility service for the PUD will be designed in conjunction with the Preliminary Plat. 3. Mailing addresses for all property owners within 300 feet of the property are attached. 4. The water rights associated with property include all water associated with a water deed and memorandum of agreement dated June 12, 1905 and recorded June 16, 1905 in Book 228 at Page 187 of the Weld County records. (A copy of the deed is attached ) This water is deliverable through the Lake Supply Reservoir through the measuring wire in Section 21, Township 6 North, Range 67 West of the Sixth Principal Meridian and consists of the right to deliver two cubic feet per second. This water has historically irrigated the entire property (230 acres). Crops have included a mixture of corn, beets, alfalfa and beans. 5. This property is included in the Windsor Planning Area and is adjacent to the existing Town limits on the western and southern property lines. The existing Comprehensive Plan designates this property for residential development. However, it is our understanding that the Town is currently in the process of updating the Comprehensive Plan and changing the land use designation for this property from residential to industrial. This property is in close proximity to existing development and infrastructure within the Town of Windsor. A mixed use planned unit development on this property will contribute to the Town's land inventory for industrial, commercial and residential development. The proposed right-of-way dedication for Eastman Park Drive will contribute to the orderly development of transportation improvements within the Town of Windsor. 6. Impacts to the School District from this annexation cannot be determined at this time. Once specific details regarding land use and densities have been determined we will forward the information to the School District for review. }1:\2862 006\0I\ANNEXAPP.WPD LIST OF AFFECTED DISTRICTS WELD COUNTY CERTIFIED REFERRAL MAILING LIST WELD CO SCHOOL DISTRICT RE -4 1020 MAIN ST WINDSOR CO 80550 WINDSOR LIBRARY DISTRICT 214 5TH ST WINDSOR CO 80550 NORTH WELD COUNTY WATER DISTRICT 33247 HWY 85 LUCERNE CO 80646 NORTHERN COLORADO WATER CONSERVANCY DISTRICT 1250 N WILSON LOVELAND CO 80537 WINDSOR/SEVERANCE FIRE PROTECTION DISTRICT 728 MAIN STREET WINDSOR CO 80550 WEST GREELEY SOIL CONSERVATION DISTRICT 4302 W 9TH ST RD GREELEY CO 80634 WELD COUNTY COMMISSIONERS P O BOX 758 GREELEY CO 80632 WELD COUNTY ATTORNEY P O BOX 758 GREFT.FY CO 80632 Hello