HomeMy WebLinkAbout10281RESOLUTION NO. 10281
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS THE
REGENCY CREST WEST ANNEXATION AND DESCRIBED AS APPROXIMATELY 122.7533
ACRES LOCATED NORTH OF RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT
ARROYO
WHEREAS, the Pueblo City Council commenced on December 13, 2004 and concluded a
public hearing on December 13, 2004, for the purpose of determining and finding whether or not
the area proposed to be annexed and described in Resolution No. 10241 and the annexation plat
(herein "area to be annexed ") meets the applicable requirements of C.R.S. § 31 -12 -104 and 105;
and
WHEREAS, the Pueblo City Council has now considered the testimony and evidence
presented at the public hearing including the annexation plat of the area to be annexed, prepared
and certified by Matthew K. Abbas under the date of December 8, 2004.
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council hereby finds and determines that: (a) a petition has been received for the
annexation of the area to be annexed, and that such petition has been signed by persons
comprising more than fifty percent of the landowners in the area to be annexed and owning more
than fifty percent of the area to be annexed, excluding public streets and alleys, and any land
owned by the City of Pueblo, (b) the boundaries of the area to be annexed do not divide into
separate parts or parcels any land held in identical ownership without the consent of the
landowners as restricted and defined by C.R.S. §31 -12 -105 (2),(c) the area to be annexed does
not include, without the consent of the landowners, land held in identical ownership comprising
twenty (20) acres or more 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, (d) no annexation proceedings have been commenced for annexation to
another municipality of part of all of the area to be annexed, (e) the area to be annexed meets the
applicable requirements of C.R.S. §31 -12 -104 and 105, that a community of interest exists
between the area to be annexed and the City of Pueblo in that said area is urban or will be
urbanized in the near future, and that the area to be annexed is integrated with or is capable of
being integrated with the City of Pueblo.
SECTION 2.
The City Council hereby finds and determines that an annexation election under C.R.S.
§31 -12 -107 (2) is not required.
SECTION 3.
The City Council hereby finds and determines that other than those set forth in the Petition
for Annexation and Annexation Agreement no additional terms or conditions are to be imposed
upon the area to be annexed.
SECTION 4.
The City Council hereby finds and determines that not less than one -sixth of the perimeter
of the area to be annexed is contiguous with the existing boundaries of the City of Pueblo, the
annexation will not result in the extension of the City's boundaries more than three miles, the City
has in place a plan for the area to be annexed, and the entire width of all streets and alleys to be
annexed are included within the boundaries of the area to be annexed.
SECTION 5.
This Resolution shall become effective immediately upon final passage and approval.
INTRODUCED December 13, 2004
BY Robert D. Schilling
Councilperson
1. The area proposed for annexation has at least one -sixth of its perimeter
boundary that is contiguous with the boundaries of the City of Pueblo.
2. A community of interest exists between the area to be annexed and the City
of Pueblo in that the area is urban or will be urbanized in the near future, and
that the area to be annexed is integrated with or is capable of being
integrated with the City of Pueblo.
3. The annexation petition contains signatures of 100% of the owners of the
area to be annexed into the City of Pueblo.
4. The boundaries of the area to be annexed do not divide any land held in
identical ownership into separate parts or parcels without the consent of the
landowners.
5. The area to be annexed does not include, without the consent of the
landowners, land held in identical ownership comprising twenty (20) acres or
more which, together with the buildings and improvements situated thereon
has an assessed value in excess of $200,000 for ad valorem tax purposes
for the year preceding the annexation.
FINANCIAL IMPACT
The Petitioners acknowledge and agree 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. Provided the petitioners comply with
the terms, covenants and conditions of the annexation agreement, the City will
provide municipal services (but not infrastructure) to the property on the same
general terms and conditions as the rest of the City receives.
This includes the provision of 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.
Reso . * iozgi
Background Paper for Proposed
RESOLUTION
AGENDA ITEM 92
DATE: DECEMBER 13, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND
DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION OF THE
AREA COMMONLY KNOWN AS THE REGENCY CREST WEST ANNEXATION
AND DESCRIBED AS APPROXIMATELY 122.7533 ACRES LOCATED NORTH OF
RED CREEK SPRINGS ROAD AND EAST OF THE GOODNIGHT ARROYO
ISSUE
Shall City Council approve and adopt findings and determination -that the proposed
Petersell Annexation meets the applicable requirements of C.R.S. § 31 -12 -104 and
105?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The Regency Crest West Annexation submitted by The Proctor Family Partnership,
LLC and Floyd E. Orr, Jr., The Orr Trust, Margaret L. Orr, William R. Ferrier and
Jeannine L. Bledsoe comprises 122.7533 acres located North of Red Creek
Springs Road and East of the Goodnight Arroyo. The area to be annexed is located
within the boundaries of the City of Pueblo's Master Annexation Plan. This
Resolution determines that the Regency Crest West Annexation is found and
determined to meet the applicable requirements of the Colorado Revised Statutes
31 -12 -104 and 105 establishing eligibility for annexation under the Municipal
Annexation Act of 1965. The findings and determination include: