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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: