HomeMy WebLinkAbout10290RESOLUTION NO. 10290
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS THE
SOUTH VILLAGE 2 AT PUEBLO ANNEXATION AND DESCRIBED AS APPROXIMATELY 3.35
ACRES SOUTHWEST OF BANDERA PARKWAY AND NORTH OF COLORADO STATE
HIGHWAY 78
WHEREAS, the Pueblo City Council commenced on December 27, 2004 and concluded a
public hearing on December 27, 2004, for the purpose of determining and finding whether or not
the area proposed to be annexed and described in Resolution No. 10276 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 Dennis R. Pirtle under the date of December 22, 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 27. 2004
BY Jeff Chostner
Councilperson
;' Wo,�t 11)2 C)
III
FEW 13 n
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # /
DATE: DECEMBER 27, 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 SOUTH VILLAGE 2 AT PUEBLO
ANNEXATION AND DESCRIBED AS APPROXIMATELY 3.35 ACRES
SOUTHWEST OF BANDERA PARKWAY AND NORTH OF COLORADO STATE
HIGHWAY 78
W
Shall City Council approve South Village 2 at Pueblo Annexation meets the
applicable requirements of C.R.S. § 31 -12 -104 and 105?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The South Village 2 at Pueblo Annexation submitted by the South Village at
Pueblo, LLC comprises 3.35 acres located southwest of Bandera Parkway and
north of Colorado State Highway 78. The area to be annexed is located within
the boundaries of the City of Pueblo's Master Annexation Plan. This Resolution
determines that the South Village at Pueblo 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:
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 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.