HomeMy WebLinkAbout8824RESOLUTION NO. 8824
A RESOLUTION FINDING THAT THE AREA PROPOSED TO
BE ANNEXED PURSUANT TO THE PETITION FOR ANNEXA-
TION OF THE AREA COMMONLY KNOWN AND DESCRIBED
AS 1735 BEECH STREET, PUEBLO, COLORADO, DOES NOT
MEET THE REQUIREMENTS OF SECTION 31 -12 -104 AND 31-
12 -105, C.R.S.
WHEREAS, a Petition For Annexation of the area described in Section 2 hereof has been
filed with the City Clerk; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council hereby finds and determines based upon the Petition For Annexation, the
location, use and complexities of providing services to the area proposed to be annexed and
described in Section 2 hereof, the staff summary relating to the Petition For Annexation and area
proposed to be annexed, and recommendations of the Planning and Zoning Commission with respect
thereof, that the area proposed to be annexed does not meet the requirements of sections 31 -12 -104
and 31 -12 -105, C.R.S. Therefore, pursuant to section 31 -12- 108(1), C.R.S., a public hearing on the
Petition For Annexation need not be held and no further action shall be taken with respect to the
Petition For Annexation.
SECTION 2
The area proposed to be annexed is described as:
Lots 37 through 40, Block 303, together with that portion of Queens Avenue adjacent to said
Lots and that portion of the alley in Block 303 adjacent to said Lots, all within East Pueblo
Heights Subdivision as recorded May 28, 1888 in Book 5 at Page 37 of the Pueblo County
Records. Street address: 1735 Beech Street, Pueblo, Colorado.
INTRODUCED: October 12 ,1999
By Al Gurgle
Councilperson
ATTEST:
City CIA
APP VIED:
resident of the City Council
-2-
CITY OF PUEBLO
ANNEXATION INFORMATION SHEET
Attached is a blank Petition For Annexation to be completed and
filed with the City Clerk of the City of Pueblo together with an
original and sixteen (16) prints of an annexation map and satisfactory
evidence of the names and addresses of all the owners of land within
the area proposed to be annexed. All petitioners must sign the
Petition For Annexation within 180 days before the date of filing with
the City Clerk. Prior to filing with the City Clerk all documents
must be reviewed by the City's Director of Zoning.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: Tafoya Annexation
Brief Description Of The Area Proposed To Be Annexed: Lots 37 through 40,
Block 303, East Pueblo Heights Subdivision
Location And Size In Acres: Section 32 , Township 20 South,
Range 64 , West of the 6th P.M., County of Pueblo, Colorado,
0.47 acres.
100% of Owners Yes Less than 100% of Owners
School District No. 60 ; Special Districts None
Impact Report: If the area proposed to be annexed is more than 10
acres in size, a draft of an impact report meeting the provisions of
C.R.S. §31 -12 -108.5 is required to be prepared by Petitioners and
submitted to the City's Director of the Department of Planning and
Development on the same date the Petition For Annexation is filed w'th
the City Clerk.
Annexation Agreement: The City may require the Petitione
into an Annexation Agreement prior to the effective date o
ation. Such Agreement shall constitute conditions of a
effectively as if set forth in the Petition For Annexation
.
For Office Use Only Date Reviewed by Director of Zoning
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Date Petition Filed ,- -(p -99 Filing Fee $ 1,C6 Paid
Resolution Finding Substantial Compliance adopted - �t
Date of Public Hearing Notice of Public Hearing
Published: and
Copy of published Notice and Petition For Annexation sent by Regis-
tered Mail on to Pueblo County Board of County Commis-
sioners, Pueblo County Attorney, School District No. and
special district:
Upon receipt of this Annexation Information Sheet, Petition For Annex-
ation, 16 prints of the annexation map, and evidence of ownership, the
City Clerk will forward copies of the Annexation Information Sheet and
Petition For Annexation together with the evidence of ownership and 12
prints of the annexation map to the Director of Zoning and refer the
Petition For Annexation to the City Council as a communication.
R
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S.
531 -12- 107(1) the undersigned landowners within the area proposed
for annexation hereby petition the City Council of the City of
Pueblo for annexation to the City of Pueblo (herein "City ") of the
following described unincorporated area located in the County of
Pueblo, State of Colorado:
Lots 37 through 40, Block 303, together with that portion of
Queens Avenue adjacent to said Lots and that portion of the
Alley in Block 303 adjacent to said Lots, all within East Pueblo
Heights Subdivision as recorded, May 28, 1888 in Book 5 at Page
37 of the Pueblo County Records.
As grounds for this annexation, petitioners state:
1. It is desirable and necessary that the area herein de-
scribed be annexed to the City.
2. Not less than one -sixth of the perimeter of the area
proposed to be annexed is contiguous with existing
boundaries of the City.
3. This petition for annexation has been signed by persons
comprising more than fifty percent (50 %) of the land-
owners in the area proposed to be annexed and owning
more than fifty percent (50 %) of the area, excluding
public streets, alleys, and any land owned by the City.
4. A community of interest exists between the area proposed
to be annexed and the City.
5. The area proposed to be annexed is urban or will be
urbanized in the near future.
6. The area proposed to be annexed is integrated with or is
capable of being integrated with the City.
7. 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:
(a) is divided into separate parts or parcels without
the written consent of the landowners thereof,
unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or,
(b) comprises twenty (20) acres or more and which,
together with the buildings and improvements
situated thereon has an assessed value in excess of
$200,000.00 for ad valorem tax purposes for the
year preceding the annexation, is included within
the territory proposed to be annexed without the
written consent of the landowner or landowners.
8. The mailing address of each signer, the legal descrip-
tion of the land owned by each landowner and the date of
signing of each signature are shown on this petition.
9. Attached to this petition is the affidavit of the circu-
lator of this petition that each signature hereon is the
signature of the person whose name it purports to be.
10. Accompanying this petition are an original and sixteen
(16) prints of an annexation map containing the follow-
ing 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. (Such map shall be prepared by and
contain the seal of a Colorado registered engineer
or land surveyor);
(c) Within the annexation boundary map there is shown
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.
(d) Next to the boundary of the area proposed to be
annexed, a drawing of the contiguous boundary of
the City and the area proposed to be annexed with
the dimension of such boundary.
11. The area proposed to be annexed is not presently a part
of any incorporated city or town.
12. No part of the area proposed to be annexed is more than
three miles in any direction from any point of the
boundaries of the City as such was established more than
-2-
one year before this annexation will take place.
13. As conditions of and in consideration of the City annex-
ing the area proposed to be annexed, Petitioners, for
themselves and their heirs, personal representatives,
successors and assigns:
(a) waive and release all previously acquired or
existing vested property rights attached to or
established with respect to the area proposed to be
annexed and acknowledge and agree that the annexa-
tion of the area proposed to be annexed is not a
site specific development plan and no vested
property right shall attached to or be established
with respect to the area proposed to be annexed.
(b) acknowledge and agree that upon the annexation of
the area proposed to be annexed, the area shall
become subject to the Charter, ordinances, resolu-
tions, rules and regulations of the City, but that
the City shall have no obligation to furnish or
extend municipal services, including but not
limited to sanitary sewer services, to the area
proposed to be annexed.
(c) "vested property right" and "site specific develop-
ment plan' shall have the same meaning as set forth
in Chapter 12 of Title XVII of the 1971 Code of
Ordinances of the City -and Article 60, Title 24,
C.R.S.
14. Petitioners consent and agree to the following condi-
tions:
(a) Petitioners and the
Annexation Agreement
this annexation.
City shall enter into an
prior to the effective date of
(b)
(c)
(d)
(e)
WHEREFORE, Petitioners request that the City Council of
Pueblo approve the annexation of the above described area to the
City of Pueblo (all Petitioners must sign this Petition within 180
days prior to the date of filing with the City Clerk).
-3-
5� ur�s \� 1I Mailing Legal Date o
Address Description Signin
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STATE OF COLORADO )
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COUNTY OF PUEBLO )
CIRCULATOR'S OATH
The undersigned of lawful age -being first duly sworn upon
oath deposes and states that I cir u Wthe f going Petition
For Annexation and that each signat re er in s tYi + signature of
the person whose name it purports t ,1
Circ�LZator' Mg6 uMe
Subscribed and sworn to before me this ay of I ,
19 99 b Antho . Tafo
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My commission expires:
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Nota,ty Pu
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City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: September 15, 1999
TO: Pueblo City Council
FROM: City of Pueblo Planning and Zoning Commission
SUBJECT: CASE NO. A- 99- 2— ANNEXATION REQUEST
1735 BEECH STREET
SYNOPSIS
BACKGROUND: The applicant proposes to annex a single- family residence to obtain
municipal services.
ISSUES: Staff has several concerns about drainage, confusion to emergency response
personnel and jurisdictional responsibilities. The Commission has determined that the
proposal is not a logical extension of existing City Limit Boundaries.
RECOMMENDATION. The Commission recommends denial by a 7 -0 vote.
GENERAL INFORMATION
Applicant: A.D. Tofoya
Owner of Property: Same
Location: 1735 Beech Street
Size: 12,500 Sq. Ft.
Build Out: One Single Family Residence
STATUTORY REQUIREMENTS WHICH EXIST FOR ANNEXING PURPOSES
1 . That not less than one -sixth (1 /6) of the perimeter of the area proposed to be annexed is contiguous
to the existing City limits (contiguity may be established by the annexation of one or more parcels in a
series, which may be completed simultaneously and considered together for the purposes of the public
hearing).
211 E. "D" Street, P.O. Box 1427 e Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572
Pueblo City Council
Case No. A -99 -2
September 15, 1999
Page Two
2. That a community of interest exists between the area proposed to be annexed and the City of Pueblo.
- -(See Staff Comments).
3. That said area is urban or will be urbanized in the near future.
- -The area is developed with a single - family residence.
4. That the area is integrated or is capable of being integrated with the City of Pueblo.
- -The area is capable of being integrated with the City of Pueblo.
5. That this proposed Annexation extends no further than a 3 -mile distance from the existing Pueblo City
Limits.
- -This Annexation does not extend the City Limits further than 3 miles from the existing City Limits.
6. That a plan for the area within 3 miles of the existing Pueblo City Limits has been prepared and will be
in place prior to completion of this proposed Annexation.
- -The City of Pueblo Annexation Master Plan 1998 Update was approved by Pueblo City Council
Resolution in December, 1998.
7. That the area is greater than 10 acres and an Annexation Impact Report has been prepared and
submitted to the City Clerk and Board of County Commissioners.
- -The area consists of 12,500 square feet and an Annexation Impact Report is not required.
ESTIMATED COSTS
Transportation: The area is accessed by developed Queens Avenue.
-- Estimated Cost: None
Police Protection: Upon Annexation, City police will have jurisdiction over the site
-- Estimated Cost: None (Absorbed by Existing Service).
Fire Protection: The nearest City fire station is Fire Station No. 6 located at 1335 East 4 " Street.
Response time to this area is sufficient.
-- Estimated Cost: None
Water Service: The area of the proposal is not presently serviced. It can, however, be served with
minimal effect on existing water pressure. There is an assessment on this property
for the main in Beech Street that will need to be paid before water service is taken
to the property.
-- Estimated Cost: None (Borne by Developer).
Pueblo City Council
Case No. A -99 -2
September 15, 1999
Page Three
Sanitary Sewer
Services:
Storm Sewer
Services:
Parks /Recreation
There is an existing sanitary sewer main in Queens Avenue.
-- Estimated Cost: None (Borne by Developer).
This property is subject to existing surface drainage problems. Surface drainage
from as far north as East 19` Street flows along Queens and cuts the corner at
Beech Street. It is estimated that to install storm sewer in Queens Avenue to
handle this flooding would cost $230,000 to $250,000. The neighborhood has
previously requested that the City install storm sewer, but the City has not been
able to budget a project of this magnitude to date.
-- Estimated Cost: Undetermined.
Not Applicable.
Other: To annex these four lots only, will cause much confusion to emergency response
and street maintenance crews. The lots would be within the City limits as would
the alley and side street (Queens). But the street in front of the lots would be in
the County. The address would be off Beech (County) but the house would be in
the City. Due to the potential confusion by both the City and County, it is our
(Public Works) recommendation that the annexation be denied unless the entire
block is annexed.
Estimated
Departmental Costs: None.
Estimated Benefits: The City will incur additional revenue from residential property tax.
OTHER CONSIDERATIONS
Schools: This area is presently served by School District No. 60.
Planning: A memorandum to the Commission from the Subdivision Review Committee dated
September 1, 1999, states as follows:
"This annexation petition is for four (4) lots at the east end of the 1700 Block
Beech Street adjacent to the intersection of Beech and Queens Avenue. All of the
remainder of the lots that abut Beech Street would remain in the County. The
purpose of the annexation petition is so the owner can apply for City water and
sewer service.
Staff has identified several potential problems if only these four lots are annexed.
Potential confusion to Emergency Services dispatchers. There are several
other residential structures within this block. Any request for emergency
response would require the dispatcher to know which lots are in the City and
which are in the County so they know whether to dispatch City or County
forces. The address would be from a County street (Beech) but the structure
would be in the City.
Pueblo City Council
Case No. A -99 -2
September 15, 1999
Page Four
Potential confusion to Public Works crews responding to requests for street or
drainage maintenance. Any request for maintenance for problems along Beech
Street would have to be referred to the County Public Works crews. Any
maintenance to Queens Avenue or the alley would have to be referred to City
Public Works Crews. The person taking the call would have to know to ask
where the specific problem was located in order to determine whether to
respond to the call or refer it to the other government entity.
Potential confusion to any other entity that uses addresses to determine
jurisdictional boundaries. For example, the Uniform Building Code is adopted
by the City and County but with different exceptions or modifications. The
Regional Building Department must know which jurisdictions standards to
apply. In this case, any regulations pertaining to street or public
improvements on Beech Street would have to conform to the County's
regulations. Any street or public improvements on Queens Avenue would
have to comply with the City's regulations. Any excavation permits required
of this residence would depend on which jurisdiction's rights -of -way the hole
was dug. The confusion potential., expands exponentially as the number of
agencies grows."
There exists a surface drainage problem along Queens Avenue today. The applicant should be aware the
estimated costs to remedy this problem is substantial, nearly $240,000. Compared to the magnitude of
other drainage problems throughout the City, it is unlikely the City will be able to address this problem in
the near future.
It is the Subdivision review Committee's recommendation that piecemeal annexations such as this cause
jurisdictional nightmares and should be avoided. Therefore, the Committee recommends that this
annexation be denied. If the application was amended to include the entire 1700 block of Beech, the
Committee could support the annexation request.
ANALYSIS
The property for which annexation is sought consists of a newly erected manufactured home on a
permanent foundation at the northwest corner of Queens and Beech on the City's "lower East Side ". The
surrounding area consists of single family residences, several of which are deteriorating, and vacant land.
The purpose of the request is to obtain municipal services.
STAFF CONCLUSION
The Commission must determine if the proposed annexation is a logical extension of the City Limit
Boundaries.
COMMISSION DECISION (SEPTEMBER 8, 1999, REGULAR MEETING)
A.D. Toyfoya, applicant, appeared before the Commission and said he had petitioned for annexation to
receive City water. He said he would just as soon not be annexed but was told he had to petition for
annexation and go through the procedures with the City in order to obtain water. If the annexation
request were denied, he would be eligible for extra - territorial water from the Board of Water Works.
Pueblo City Council
Case No. A -99 -2
September 15, 1999
Page Five
Chairman Lytle said it would make for a strange configuration if just one property on the block were
annexed. He asked Mr. Tafoya whether he had talked to the other neighbors on the block to see if they
would be interested in being annexed. Mr. Tafoya said he had not as he didn't feel they wished to
develop the property in this area.
No on appeared to oppose the annexation. Chairman Lytle made the staff report a part of the record and
closed the hearing.
COMMISSION DECISION (SEPTEMBER 8, 1999, REGULAR MEETING
Mr. Mabie, seconded by Mr. Thomas, moved to recommend denial. Motion carried 7 -0.
VPM /SW
ATTACHMENTS: ZONING /LOCATION MAP
SITE PHOTO
i CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT 1
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LOCATION 1735 BEECH S
REQUEST:
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: A -99 -2 ANNEXATION — 1735 BEECH ST.
DATE: September 1, 1999
This annexation petition is for four (4) lots at the east end of the 1700 Block Beech St.
adjacent to the intersection of Beech and Queens Ave. All of the remainder of the lots
that abut Beech St. would remain in the County. The purpose of the annexation petition
is so the owner can apply for City water and sewer service.
Staff has identified several potential problems if only these four lots are annexed.
• Potential confusion to Emergency Services dispatchers. There are several
other residential structures within this block. Any request for emergency
response would require the dispatcher to know which lots are in the City and
which are in the County so they know whether to dispatch City or County
forces. The address would be from a County street (Beech) but the structure
would be in the City.
• Potential confusion to Public Works crews responding to requests for street
or drainage maintenance. Any request for maintenance for problems along
Beech St. street would have to be referred the County Public Works crews.
Any maintenance to Queens Ave. or the alley would have to be referred to _
City Public Works crews. The person taking the call would have to know to
ask where the specific problem was located in order to determine whether to
respond to the call or refer it to the other government entity.
• Potential confusion to any other entity that uses addresses to determine
jurisdictional boundaries. For example, the Uniform Building Code is adopted
by the City and County but with different exceptions or modifications. The
Regional Building Department must know which jurisdictions standards to
apply. In this case, any regulations pertaining to street or public
improvements on Beech St. would have to conform to the County's
regulations. Any street or public improvements on Queens Ave. would have
to comply with the City's regulations. Any excavation permits required of this
residence would depend on which jurisdiction's right -of -way the hole was
dug. The confusion potential expands exponentially as the number of
agencies grows.
There exists a surface drainage problem along Queens Ave. today. The applicant
should be aware the estimated costs to remedy this problem is substantial, nearly
$240,000. Compared to the magnitude of other drainage problems throughout the City,
it is unlikely the City will be able to address this problem in the near future.
It is the Subdivision Review Committee's recommendation that piecemeal annexations
such as this cause jurisdictional nightmares and should be avoided. Therefore the
Committee recommends that this annexation be denied. If the application was amended
to include the entire 1700 block of Beech, the Committee could support the annexation
request.
xc: A.D. Tafoya
1302 N. Joplin
Pueblo, CO 81001
Abel Engineering Professionals, Inc.
102 South Oneida St.
Pueblo, CO 81003
DEPARTMENT OF ZONING ADMINISTRATION
CITY OF PUEBLO
July 27, 1999
NOTICE OF HEARING ON ANNEXATION
TO WHOM IT MAY CONCERN:
Take notice that at 3:30 P.M., on the 11th day of
August, 1999, in the City Council Chambers, 2nd Floor,
City Hall, Pueblo, Colorado, the Planning and Zoning
Commission of Pueblo will hold a hearing on a petition
for annexation to determine whether the following
described property meets the applicable requirments
for annexation:
A PARCEL OF LAND LOCATED WITHIN THE SW 1/4 OF THE
NE 1/4 OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE
64 WEST OF THE 6TH P.M.,
and more commonly known as:
1735 BEECH STREET.
NOTE: Full legal description of the property affected
is on file in the office of the Director of
Zoning.
Any person may appear before the Planning and Zoning
Commission at the time and place stated above to be heard
on the proposed annexation.
After recommendation by the Planning and Zoning
Commission, an ordinance annexing the property will be
considered by the City Council at a public hearing.
Notice of the public hearing before the City Council will
be published in the Pueblo Chieftain at least ten (10)
days prior to the hearing. Any interested person may
appear and be heard at such public hearing and may call
the Department of Zoning Administration for the time and
date of such hearing.
CARL OLSON
Director of Zoning
Sim 543 -1842