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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 r= 'fie ^a 0 n.�xation `as JUL lq�q 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 \3O Z— N Soo �. J In -�-u - 1 1 (. I Ok q 303 —4— STATE OF COLORADO ) ) ss. 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 _ y v a v My commission expires: (SEAL Nota,ty Pu -5- qu o 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 � r . 1. `R "! � r D -7 R 1 CT � - __ _ 5T . _ ___ 42 JWT c- i C- J z C-� R•4 .. - \\ 1 L J i - CASE A -99 -2 LOCATION 1735 BEECH S REQUEST: ANNEXATION REQUEST f \ EXHIBIT ZONING /LOCATION MAP \ r �J o z a €�a E O 3 n N 3 n d I s N 3 3 n o, tells aa­ I a Nq-- �^ OZ 107 0* 107 2 I er 107 ui z ' V I 9r 107 tn� I 'r 107 X aW - j' - o f p � 9c 107 o eaRs�Sm S , ' "3.i O €�� a� �� i $sg g v J O QQU ti = u�• uj W W m t gga� ZcoLn Q: J tR ibex* (n g � LDj m i °�� N I W a N I i s F o I I In o I O J 1 107 I — 19 107 — — — — 3 n N 3 A d O N d 7 1 8 0 d � N W 341 N1 I I V" N Q 311 1N Nf1 A O� 2_ N g k a o r Imss to V1 o = 2 30 V N WZ NIX W N - tj I I 3\ NI dOP C _ yl N a W 1 I I g 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