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Home My WebLink About20150217.tiff aadrAdl?..4iilL TOWN O1`�""a _ �` WINDSORt3 :: COLORADO June 29, 2015 Weld County Commissioners RECEIVED 1150 O Street P.O. Box 758 J U L 0 6 2015 Greeley, CO 80632 WELD COUNTY COMMISSIONERS Dear Board of County Commissioners: Pursuant to the requirements set forth in C. R. S. § 31 - 12-108.5, please find enclosed the Annexation Impact Report for the Breniman Farm Annexation , Notice of which was provided to you last week by registered mail . Sincerely, TOWN OF WINDSOR, COLORADO M-, igir / <imb rly A. Emil Assistant Town Attorney KAE Cc: Weld County Attorney Enclosures RitiCIRIlitAttA) 7 - $ - IC CC 50; G is; /1laps;?1 c;7t t,i; NA 7/6, )Ot s -oar] Office of the Town Attorney 301 Walnut Street • Windsor, Colorado • 80550 • phone 970-674-2400 • fax 970-674-2456 imccargar@windsorgov.com kernil@windsorgov.com WINDSOR'A COLORADO ANNEXATION IMPACT REPORT BRENIMAN FARM ANNEXATION The parcel proposed for annexation is legally classified as an "enclave" under the Colorado Municipal Annexation Act of 1965, Title 31 , Article 12 of the Colorado Revised Statutes, and consists of approximately 150.967 net acres generally located in the Northwest Quarter of Section 16, and a part of the South half of the Southwest Quarter of Section 9, Township 6 North, Range 67 West of the 6th P.M., County of Weld, State of Colorado. 1 )(a)(I) Please see the enclosed vicinity map for present and proposed municipal boundaries; (a)(II) Please see the enclosed Town of Windsor GIS map depicting the current and proposed infrastructure; and (a)(III) Please see the enclosed Town of Windsor GIS Land Use map for the current and proposed land use patterns. 1 )(b) Please see a copy of a draft pre-annexation agreement, the terms of which have been approved by the land owner. 1 )(c) This property is already within the Weld RE4 School District and the Windsor- Severance Fire Protection District. The addition of this property to the Town would also trigger the provision of Police Protection through the Town of Windsor Police Department. Although there are no current plans for development, in the event of any future development, the Town, at the developer's expense, would provide potable water service to any proposed development, with the developer also being required to construct a non-potable irrigation system; sanitary sewer service with all necessary sewage disposal improvements constructed at the developer's expense, drainage infrastructure per the Town's requirements would be constructed by the developer at developer's expense. 1 )(d) The cost of municipal services that are allocated to the Developer shall be provided by the Town through annual appropriations. At this time, the only additional municipal services to be provided are Police Services. 1 )(e) Enclosed, please find a list identifying all existing districts within the area to be annexed, as provided by the Weld County Assessor website. 1 )(f) At this time there is no effect of the annexation upon the local public school system. The property is already within the local school district, and there is no pending proposal for development of the property. Co - Z ! - /S Kimber y . Emil, Assistant Town Attorney Date (1)( 5 ) / x i, uoSant.mOu y v oJut :puuta I i 105 mom) :auogd - ossoo CO 'aosoNIN LL m rt _ _ 1332llS .MN1WA lCC ,.. .m°., _• 05508 oPtuo o )'aosPou\ i a.tuu ualuu9 .1 059 • i� 8OSQNLM dO NMOI r • ° SUOK_JMIns DNJ>J Oa110, NOUVX3NNV WaV3 NVW$N3a8 i• " t: ti. 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MAIN `ST EtMAIN ST MAIN ST , k 1 Ilillll!"�II'�, ■IIIII. ..IIIC�i I�IIIII a p, hiss. , ? 0 gN -I _ II i IIII ' I'ill�' Irlll: III I -: P.i , lii _;-`� I NI , I. Iiki - > i IT 1111 fmfflH I 1 1 111 A LandUse Neighborhood &General Commercial School Points e Single Family Residential Community Separator �� al Mulls-Family Residential — Parks. Open Space, Mineral Extraction & Flood Plain t --=.1 Railroads Low Density Estate Single Family Residential F — Other PubbcJSenil-Private Sis Hydrv_Arc411 t RSOR1 sid High Density Estate Single Family Reential _ Schools Hydro-Poly Cbit y M _ Residential Mixed Use 1♦ tight Industrial Parcels Central Business District _ Heavy Industrial 1:16,000 Oil Employment Corndor > ila) C7LLr BRENIMAN FARM ANNEXATION AGREEMENT THIS BRENIMAN FARM ANNEXATION AGREEMENT ("Agreement") is made and entered into this day of July, 2015, by and between the TOWN OF WINDSOR, COLORADO, a Colorado home rule municipal corporation ("Town"), and BRENIMAN FARMS, LLC, a Colorado limited liability company ("Annexor"). WITNESSETH: WHEREAS, Annexor is the owner of the property more fully described in Exhibit "A", attached hereto and incorporated herein by this reference, and shall be known as the Breniman Farm Annexation to the Town of Windsor, Colorado ("Property"); and WHEREAS, the Property is legally classified as an "enclave", under the Colorado Municipal Annexation Act of 1965, Title 31 , Article 12 of the Colorado Revised Statutes ("C.R.S."); and WHEREAS, the Town has initiated annexation of the Property to the Town pursuant to its powers set forth in Section 31 - 12- 106, C.R.S.; and WHEREAS, by the terms and conditions of this Annexation Agreement, the parties are providing for certain requirements for the subsequent use and future development of the Property; and NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES AS FOLLOWS: I. PREAMBLE The parties agree that the recitals contained in the preamble set forth above are true and correct and that those recitals are hereby incorporated into the body of this Annexation Agreement. II. ZONING The parties affirm that by Town Ordinance No. 2015- 1500 adopted on July 27, 2015, the Property has been lawfully annexed to the Town. Pursuant to § 31 -12- 115 (2), C.R.S., the property has received a zoning designation of Residential Mixed Use — RMU and Single Family SF- 1 in conformance with Chapter 16, Articles XXIV and XXII of the Windsor Municipal Code, respectively. It is further understood and agreed that the aforesaid zoning designations do not waive the authority of the Annexor or the Town to initiate rezoning of the Property, or any portion thereof, in accordance with the ordinances of the Town and the laws of the State of Colorado. BRENIMAN FARM ANN1-3XATION AGRI LA/INN I ' Page 101. 9 (b� III. PUBLIC IMPROVEMENTS Prior to subdivision of the Property, Annexor acknowledges that it will be required to enter into an agreement for the construction and maintenance of public improvements. The terms and conditions of this Annexation Agreement shall not limit the subject matter of any subsequent agreement for public improvements and shall not be construed to prohibit or in any way limit the Town from requiring performance of reasonable requirements by the Annexor prior to approving any development plan. IV. STREETS Annexor understands and agrees that in conjunction with subdivision of the Property, the Annexor shall be solely responsible for dedicating to the Town all necessary rights-of-way for the full width of all proposed streets within the Property or on the exterior boundaries of the Property, without cost to the Town. The Annexor shall be solely responsible for the cost to install all streets within the Property. The Annexor further understands and agrees to fully construct and improve, at its sole expense, all such streets in conformity with the applicable ordinances, rules, regulations, and engineering specifications of the Town in effect at the time of any development proposal. V. FEES As part of subdivision of the Property, or concurrent with the application for any building permit for improvements on the Property other than associated with the existing residence at 33772 State Highway 257, Annexor agrees to comply with all of the development and/or construction requirements of the Town in effect at the time subdivision of the property occurs or building permits are requested including, but not limited to, all applicable land dedication requirements, cash-in-lieu of land dedication requirements, all building permit fees in effect at the time the building permit application is deemed complete, all impact fees, including but not limited to, fees for schools, parks, roads, storm drainage, and water and sewer plant investment fees. Annexor hereby acknowledges the legality, necessity and validity of the aforesaid development requirements. VI. WATER SERVICES A. As part of the subdivision of the Property, Annexor agrees to install, at its sole expense, such water lines and facilities as may be required by the Town. Additionally, and as agreed to by the parties either through the subdivision platting process or by a separate agreement, Annexor further agrees to obtain and dedicate at its sole expense all necessary unobstructed rights-of-ways for utility easements needed for water lines and facilities to allow service to the Property or for transmission through the Property, in sizes and capacities as prescribed by the Town. B. Upon subdivision of the Property, Annexor shall design and install, at its sole expense, water lines, fire hydrants and related appurtenances within the Property in accordance BR F.NIMAN FARM ANNEXATION AGRUMkN I Page ') of 9 with all of the requirements and specifications of the Windsor-Severance Fire Protection District and the Town, and the Annexor shall provide evidence of compliance to the Town prior to the issuance of any building permits for the Property. VII. WATER RIGHTS Annexor agrees that prior to the issuance of any building permits for the Property and solely at its expense, Annexor shall dedicate to the Town all such raw water rights in accordance with the Windsor Municipal Code in effect at the time of application for the first building permit within the Property other than associated with the existing residence at 33772 State Highway 257. VIII. SANITARY SEWER SERVICES In conjunction with subdivision of the Property, Annexor agrees to install, at its sole expense, such sanitary sewer lines and facilities as may be required by the Town to serve each developed site within the proposed subdivision. Additionally, and as agreed to by the parties either through the subdivision platting process or by a separate agreement, Annexor further agrees to obtain and dedicate at its sole expense all necessary unobstructed rights-of-way for utility easements needed for sanitary sewer lines and facilities to allow service to the Property or for transmission through the Property, in sizes and capacities as prescribed by the Town. IX. STORM DRAINAGE A. In conjunction with any building permit issued within the Property, Annexor agrees to install, at its sole expense, storm drainage improvements and facilities necessary to serve the Property as may be required by the Town. Additionally, and as agreed to by the parties either through the subdivision platting process or by a separate agreement, Annexor further agrees to obtain and dedicate at its sole expense all necessary unobstructed rights-of-way and easements for storm water facilities to serve the Property or for transmission of historic storm water flows through the Property, in sufficient sizes and widths for such facilities and maintenance as prescribed by the Town. B. All storm drainage improvements and facilities shall be constructed concurrently with any development of the Property in a manner that shall minimize flooding in developed areas. Upon review and recommendation by the Town Engineer, the Annexor shall participate in and provide for the required improvements and facilities to implement the Town's Storm Water Drainage Master Plan. X. NON-POTABLE IRRIGATION SYSTEM The Annexor understands and agrees to all of the following terms and conditions of this Section X pertaining to the establishment of a non-potable irrigation system for the Property. I3RLNIMAN l'ARIV1 ANNI ;xA'rv )N A( ; Rl-; MEN' 1 Page 3 (, 1c) A. Prior to the application for any building permits associated with residential development other than that associated with the existing residence at 33772 State Highway 257 within the Property, and pursuant to applicable provisions of the Windsor Municipal Code, Annexor shall construct a non-potable irrigation system for the Property. B. It is expressly understood and agreed that the non-potable system shall be fully operational and unconditionally approved by the Town prior to the issuance of any building permits associated with residential development other than that associated with the existing residence at 33772 State Highway 257 within the Property. XI. FLOOD PLAIN, DREDGING, FILLING AND/OR EXCAVATING In the event any work within the boundaries of the Property requires any excavations in the nature of dredging and/or filling activities, either temporary or permanent, which will be associated with the waters or wetlands within the Property, as part of the first development proposal for the Property and solely at its expense the Annexor agrees to contact the United States Department of the Army Corps of Engineers for proper permits and/or to ascertain information pertaining to changes in permit requirements pursuant to § 404 of the United States Clean Water Act. The Annexor further understands and agrees that prior to the commencement of any such dredging and/or filling activities the Annexor shall provide the Town Engineer with copies of all such permits and/or information pertaining to any such activities, and, where applicable and when deemed appropriate by the Town Engineer, the Annexor must receive written approval from the Town Engineer for commencement of any applicable dredging and/or filling activities. Annexor shall assure that the development of the Property shall be in accordance with all Federal, State and Town drainage and floodplain regulations. In connection with any proposed future development of the Property, the Annexor shall rely upon the best available floodplain information for any such development to protect the health and safety of the community. Documentation showing the impacts to the historic drainage patterns created by any such proposed development shall be submitted to the Town prior to construction of any structures within the Property. XII. SCHOOL DISTRICT REQUIREMENTS In conjunction with subdivision of the Property and in accordance with all of the terms and conditions of the Intergovernmental Agreement between the Town and the Weld County RE-4 School District ("School District"), the Annexor agrees to provide a written statement from the School District to the Town's Director of Planning which acknowledges that all of the School District requirements for cash payments in-lieu-of land dedication requirements have been met to the satisfaction of the School District. Moreover, for purposes of calculating any cash payments in lieu of land dedication under this Section XII, the size of all such future school sites shall be measured in net acres, with this net acreage being exclusive of any other land to be dedicated for I3RVNIMAN FARM ANNEXATION ACHI .: 1 / X/11 . N I Page 4 of 9 any street rights-or-way, railroad rights-of-way, detention areas, trail easements, etc., as determined by the School District and the Town. XIII. PUBLIC PARK SITE REQUIREMENTS In conjunction with subdivision of the Property, the Annexor agrees at its own expense to satisfy Town requirements for cash-in-lieu payments or the donation of one or more public park sites, the sizes and locations of which shall be determined based upon (a) the amount of residential lots, sites and housing types that will be platted on the preliminary plat for the proposed development, (b) the usability of all such park land, and (c) the Developer's compliance with all park land dedication criteria, ordinances and land use requirements in effect at the time the proposal for development is submitted for the Property. Moreover, for all purposes under this Section XIII, the size of all such future park sites shall be measured in net acres, with this net acreage being exclusive of any other land to be dedicated for any street rights-or-way, railroad rights-of-way, detention areas, trail easements, community garden space, etc., as determined by the Town. The Annexor further understands and agrees that as a condition of approval of the subdivision of the Property, the Annexor shall enter into an agreement with the Town concerning the delivery of non-potable water to any public park sites within the Property at no cost to the Town for the irrigation of grass and all other vegetation on all such public park sites. XIV. AGRICULTURAL USE The parties recognize that portions of the Property are currently being used for agricultural purposes. The Town agrees that Annexors may continue such agricultural activities, so long as such activities are consistent with the agricultural uses currently taking place within the Property, and so long as the size, scope and degree of the agricultural activities are not enlarged, expanded or supplemented in any manner not in compliance with Town ordinances, rules, regulations, and other applicable codes of the Town in effect at the time of the Annexation. With respect to agricultural activities within the Property, it is further understood that subdivision of the Property may result in additional restrictions or the elimination of agricultural activities upon the lots or tracts created by said subdivision. If at any time, and in its sole discretion, the Windsor Town Board concludes that agricultural uses within any portion of the Property are contrary to the health, safety or welfare of the public, the Town Board reserves the right to order that all such agricultural activities cease and desist. XV. HUNTING It is understood and agreed that pursuant to the Windsor Municipal Code, the Town Board may allow waterfowl hunting by shotgun in the Town subject to the regulations of the Colorado Division of Parks and Wildlife. Waterfowl hunting by shotgun shall be allowed on the I . NIIVIi\ N FARM ANNIAA I ION A( ilZ liiVINN I'a c `'I of t) Property until such time as a building permit is issued other than associated with the existing residence at 33772 State Highway 257 within the Property, at which time all hunting shall be discontinued within the Property. Notwithstanding any approval to the contrary, if at any time and in its sole discretion the Windsor Town Board concludes that hunting upon the Property is contrary to the health, safety or welfare of the public, the Town Board reserves the right to order that all such hunting activities cease and desist. XVI. PUBLIC TRAILS As part of any development proposal for the Property and at Annexor's sole expense, Annexor agrees to dedicate to the Town all easements necessary for one or more public trails within and/or adjacent to the Property, with the scope and location of any such public trails being determined by the Town. The size, location, scope, and dedication of any such public trail easements shall be exclusive of any of the land being dedicated for either any of the School District Requirements in Article XII above or for any of the Public Park Site Requirements in Article XIII above. XVII. BRIDGE POLICY Annexor agrees that in the event the Town determines that as part of any development of the Property, one or more bridges are required to serve pedestrian and/or vehicular traffic crossing any established irrigation ditches or other water courses within the Property, Annexor shall at its sole expense provide for the costs and construction thereof Such bridge construction shall meet all of the Town's requirements for bridge construction. XVIII. OTHER PUBLIC LAND DEDICATIONS As part of the subdivision of the Property and solely at its expense, the Annexor agrees to dedicate to the Town such other public lands within the Property in addition to all of the School District Requirements and Public Trail Requirements outlined above in Sections XII and XIII, respectively, which may be necessary to service the Property for other open space and other public improvements including, but not limited to, easements or conveyances for storm water drainage ways, water lines and facilities, and sewer lines and facilities. Upon dedication and conveyance of the land as aforesaid, Annexor shall be deemed to have fully satisfied all land dedication requirements under the Town's proposed land dedication ordinance as may then be in effect. It is further understood and agreed that the land dedication required herein is a condition of annexation and, should no land dedication ordinance be in effect at the time Annexor proposes development, this condition of annexation shall nonetheless be deemed fully enforceable. Iii< I NINI ,yj FARM ANNIAA I ION AGRIckiVI EN` I Pure (� of ') XIX. NOTICE TO MINERAL ESTATE OWNERS AND CERTIFICATION THEREOF Annexor acknowledges that as a condition of approval of any application for subdivision of the Property, Annexor must comply with the notification requirements of § 10-11 -123, C.R.S., as amended, by providing notification to mineral estate owners, and by thereafter certifying to the Town, pursuant to § 24-65.5- 103, C.R.S., as amended, that such notice has been provided. XX. MINERAL EXTRACTION, OIL AND GAS ACTIVITY Annexor agrees that, prior to any mineral extraction or oil and gas exploration activity, Annexor will comply with all Town requirements for Conditional Use Grant approval for such activity. XXI. MASTER PLAN AND SUBDIVISION REQUIREMENT The Annexor acknowledges that the approval of the Annexation and of this Agreement does not result in approval for any Master Plan or subdivision within the Property. Annexor further understands and agrees that prior to or concurrently with the first building permit within the Property other than associated with the existing residence at 33772 State Highway 257, Annexor shall submit a complete master plan application and applicable subdivision application in accordance with all Town requirements. XXII. IRRIGATION DITCH MAINTENANCE In association with the continued agricultural use of the Property referenced in Section XIV above, and the need for continued transportation of water via lateral irrigation ditches currently established therein, Anncxor shall be entitled to use fire to control vegetation within such established lateral irrigation ditches. Prior to any use of fire for vegetation control as contemplated herein, Annexor shall notify the Windsor-Severance Fire Protection District of the date(s) during which fire will be used for vegetation control. Notwithstanding any permissions contained in this Section, Annexor shall not use fire for vegetation control within the Property if at such time there are in effect any wildfire protection restrictions on open fires within the Town, Weld County or the State which are applicable to the Property. XXIII. JUDICIAL REVIEW In the event any persons or entities seek judicial review of the annexation of the Property pursuant to § 31 - 12- 116, C.R.S., as amended, Annexor agrees that it shall assume, pay and be responsible for all of the Town's costs in connection with the defense of such petition including, but not limited to, attorney fees and costs. XXIV. BINDING EFFECT I3RLNI ` AN I • i\ l 1VLANNkXA1' 1ON ACPILI: N/WN I Pit 7 ofO This Annexation Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns. This Annexation Agreement shall be deemed a covenant running with the land. XXV. GOVERNING LAW This Annexation Agreement shall be interpreted in accordance with Colorado Law. IN WITNESS WHEREOF, the parties hereto have executed this Annexation Agreement the day and year first written above. TOWN OF WINDSOR, COLORADO By: John S. Vazquez, Mayor ATTEST: Patti Garcia, Town Clerk ANNEXOR: Breniman Farms, LLC By: George Breniman, Member BRLNIMAN FARM ANNEXATION AGRI:,IM [N • I Page 8 of 9 EXHIBIT "A" LEGAL DESCRIPTION [3RENNAN FARM ANNEXATION AGREEMENT I'a g c: Q o f �) Property Report Page 1 of 1 zka a tr., Weld County A re _Tr: Property Report r 1 cou ! Account: R6786656 June 25, 2015 Tax Area District ID District Name Current Mill Levy 429 100 WELD COUNTY 15.800 429 204 SCHOOL DIST RE4-WINDSOR 47.297 429 301 NORTHERN COLORADO WATER (NCW) 1 .000 429 521 WINDSOR-SEVERANCE FIRE 7. 194 429 533 WINDSOR-SEVERANCE FIRE (BOND 2023) 0.661 429 700 AIMS JUNIOR COLLEGE 6.333 429 1051 CLEARVIEW LIBRARY 3.592 429 1200 WEST GREELEY CONSERVATION 0.414 Total - - 82.291 https://propertyreport.co.weld.co.us/?account=R6786656 ( L2) 6/25/2015 Hello