HomeMy WebLinkAbout10564RESOLUTION NO. 10564
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS
PEAKVIEW ANNEXATION AND DESCRIBED AS SOUTH OF US HIGHWAY 50 WEST AND EAST
OF PUEBLO BOULEVARD
WHEREAS, the Pueblo City Council commenced on November 28, 2005 and concluded a
public hearing on November 28, 2005, for the purpose of determining and finding whether or not
the area proposed to be annexed and described in Resolution No. 10546 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 David M. Stavia under the date of October 19, 2005.
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)(a) 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 or 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, and (f) 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 complying with the requirements of C.R.S. §31-12 -
105(1)(e)(1), 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 November 28, 2005
4
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BY Gilbert Ortiz
Councilperson
P' -Cp, H105 - 6:7q
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # , j
DATE: NOVEMBER 28, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN
AS PEAKVIEW ANNEXATION AND DESCRIBED AS SOUTH OF US HIGHWAY 50 WEST
AND EAST OF PUEBLO BOULEVARD
ISSUE
Shall City Council approve and adopt findings and determination that the proposed
Peakview Annexation meets the applicable requirements of C.R.S. § 31 -12 -104 and 105?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The Peakview Annexation submitted by Peakview Business Campus, LLC comprises 6.29
acres south of US Highway 50 West and east of Pueblo Boulevard. The area to be
annexed is located within the boundaries of the City of Pueblo's Master Annexation Plan.
This Resolution determines that the Peakview 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.