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HomeMy WebLinkAbout10076RESOLUTION NO. 10076 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS PASTORA RANCH ANNEXATION AND DESCRIBED AS SOUTH OF BANDERA PARKWAY AND PASCADERO DRIVE WHEREAS, a Petition For Annexation of the area described in Section 1 hereof has been filed with the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Petition For Annexation of the following described areas to be annexed in series situated in Pueblo County, Colorado, is hereby found and determined to be in substantial compliance with the provisions of C.R.S. §31 -12 -107 (1): ANNEXATION A ALL OF THE SW1 /4 OF THE NW1 /4 AND THE W1/2 OF THE W1/2 OF THE W1/2 OF THE SE1 /4 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M. Containing 46 acres, more or less. ANNEXATION B ALL OF BLOCKS 4, 5, 6, 7, 8, 9, 10, 11, 12 AND 13, AND LOTS 5, 6, 7 AND 8, BLOCK 14, 15, 16, LOTS 1, 2,3 AND 4, BLOCK 17, 18, 19, 20, 21, 22,23 AND 24 IN LIBERTY HEIGHTS SUBDIVISION OF THE: SW1 /4 OF SECTION 21, TOWNSHIP 21 SOUTH, RANGE: 65 WEST OF THE 6TH P.M. Containing 64 acres, more or less. SECTION 2. A public hearing to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. §31 -12 -104 and C.R.S. §31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965 shall be held before the City Council in Council Chambers, Second Floor, City Hall, One City Hall Place, Pueblo, Colorado on Monday, April 26, 2004, commencing at 7:00 p.m. or as soon thereafter as City Council business allows. The City Clerk shall publish notice of the public hearing once a week for four successive weeks in the Pueblo Chieftain. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. A copy of the published notice, together with a copy of the Petition for Annexation, shall be sent by registered mail by the City Clerk to the Board of County Commissioners and the County Attorney of Pueblo County and to any school district or special district having territory within the area to be annexed at least twenty five days prior to the date of the hearing. INTRODUCED March 22, 2004 BY Michael Occhiato /� Councilperson APPROVED: � �! PRESt ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK I &. -4� 1000 I REM JkZ I • /1 ri Background Paper for Proposed RESOLUTION AGENDA ITEM # ,3 DATE: MARCH 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT/CATHY GREEN TITLE A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS PASTORA RANCH ANNEXATION AND DESCRIBED AS SOUTH OF BANDERA PARKWAY AND PASCADERO DRIVE SUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? RECOMMENDATION The Planning and Zoning Commission recommends approval of the annexation by a 5-0-1 vote (Soldan abstaining). BACKGROUND The Pastora Ranch Annexation submitted by Nick Pannunzio, Susan McCarthy, Jeffry Moore, and Scott Moore comprises 110 acres south of Bandera Parkway and Pascadero Drive. The property included in the proposed annexation is a portion of the 240 acre area that was proposed to be annexed in 2002 and was ultimately denied by City Council on May 12, 2003. The applicants have submitted a new annexation petition containing a smaller area that is adjacent to El Camino Filings 14, 16 & 17. This Resolution determines that the Petition for Annexation is found and determined to be in substantial compliance with the provisions of the Colorado Revised Statutes 31 -12- 107(1). A public hearing is scheduled for April 26, 2004 to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. 31 -12 -104 and 31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965. It also directs the City Clerk to publish notice of public hearing once a week for four successive weeks in the Pueblo Chieftain. By approving the attached resolution City Council finds the annexation petition is in substantial compliance with state annexation statutes and sets the date of April 26, 2004 for a public hearing. The date for the first presentation of the Ordinance For Annexation is scheduled for April 12, 2004. FINANCIAL IMPACT The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be annexed, the area shall become subject to the Charter, ordinances, resolutions, 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. The City of Pueblo will provide police and fire protection services to the property, in addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City.