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HomeMy WebLinkAbout11184RESOLUTION NO. 11184 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION DESCRIBED AS NORTH OF 47 STREET AND WEST OF TROY AVENUE EXTENDED IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31 -12- 107 (1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION 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 ( "Petition ") of the following described area situated in Pueblo County, Colorado, is hereby preliminarily found and determined to be valid under the provisions of C.R.S. §31 -12 -107 (1): AREA TO BE ANNEXED: All of Fountain Lake Subdivision. Pueblo Col. and Section 5: SW' /4 of the NE 1 /4, W Y2 of the SE 1 /4, NW' /4 of the SW 1/4 Section 6: NE '/4 of the SE '/4 Section 7: NW '/4 Section 8: NE' /4 all being in Township 20 South, Range 64 West of the 6 th P.M. excepting therefrom: All of Block 31 and all of Santa Fe Avenue, La Junta Avenue and Lexington Avenue adjacent thereto; and All of Lots 23 to 27 both inclusive, Block 55 and all of New York Avenue and all of the alley adjacent thereto; and All of Lots 14 to 17 both inclusive, Block 55 and all of Delaware Avenue and Schuler Avenue and all of the alley adjacent thereto; and All of Lots 9 to 14 both inclusive Block 61 and all of Santa Fe Avenue Pikes Peak Avenue and Michigan Avenue and all of the alley adjacent thereto; and All of Lots 22 to 28 both inclusive, Block 92 and all of Santa Fe Avenue, New York Avenue and La Junta Avenue and all of the alley adjacent thereto; and All of Lots 1 to 28 both inclusive, Block 95 and all of Madison Avenue, Oriental Avenue, New York Avenue, Delaware Avenue and all of the alley adjacent thereto; and All of Lots 15 and 16, Block 110 and all of Prospect Avenue and Lake Avenue and all of the alley adjacent thereto; and All of Block 181 and all of Santa Fe Avenue, Best Place and Utah Place and all of the alley adjacent thereto; and All of Block 185 and all of Santa Fe Avenue, Euclid Place and Oak Place and all of the alley adjacent thereto all being a portion of Fountain Lake Subdivision. Pueblo Col. Containing 1169 acres, more or less PROPOSED NEW CITY LIMITS LINE: Beginning at the Northwest corner of the NW % of Section 7, Township 20 South, Range 64 West of the 6 th P.M. being a point on the Present City Limits line, thence Easterly along the North line of the NW % of said Section 7 to a point on the Southwest corner of the SW % of the SE % of Section 6, thence Northerly along the West line of the SW % of the SE % of said Section 6 to the Northwest corner of the SW % of the SE % of said Section 6, thence Easterly along the Northerly line of the SW % of the SE % of said Section 6 to the Southwest corner of the NE % of the SE of said Section 6, thence Northerly along the Westerly line of the NE % of the SE % of said Section 6 to a point on the Northerly line of the NE % of the SE % of said Section 6, thence Easterly along the Northerly line of the NE % of the SE % of said Section 6 to the Southwest corner of the NW % of Section 5, thence Northerly along the Westerly line of the NW % of said Section 5 to the Northwest corner of the NW % of said Section 5; thence Easterly along the Northerly line of the NW % of said Section 5 to the Northeast corner of the NW % of said Section 5, thence Southerly along the Easterly line of the NW % of said Section 5 to the Northwest corner of the SW % of the NE % of said Section 5, thence Easterly along the Northerly line of the SW of the NE % of said Section 5 to the Northeast corner of the SW % of the NE % of said Section 5, thence Southerly along the Easterly line of the SW % of the NE Nand the East line of the W % of the SE % of said Section 5 to a point on the Northerly line of the NE % of Section 8, thence Easterly along the Northerly line of the NE % of said Section 8 to the Northeast corner of the NE of said Section 8, thence Southerly along the Easterly line of the NW % of said Section 8 to the Southeast corner of the NE % of said Section 8 and the Present City Limits line and the Point of Terminus. SECTION 2. Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by resolution whether the petition substantially complies with the applicable requirements of Section 31 -12- 107(1), C.R.S. and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with sections 31 -12 -104 and 31 -12 -105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. INTRODUCED December 31, 2007 ATTESTED BY APPROVED: a ESID NTof City Council CITY CLERK Randy Thurston Councilperson Res. 1118q ED Background Paper for Proposed RESOLUTION AGENDA ITEM # I DATE: DECEMBER 31, 2007 DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR COMMUNITY DEVELOPMENT TITLE A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE NORTH VISTA ANNEXATION DESCRIBED AS NORTH OF 47 STREET AND WEST OF TROY AVENUE EXTENDED IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31 -12- 107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION I SSUE Shall the City Council determine the petition for annexation of the area commonly known as the North Vista Annexation is valid under the provisions of Colorado Revised Statutes Section 31 -12- 107(1), table final action on the petition for a period not more than 180 days, and refer the petition to the Planning and Zoning Commission for review and recommendation? RECOMMENDATION The City Planning staff has reviewed the annexation petition for compliance with Section 31 -12- 107(1) of the Colorado Revised Statutes and recommends that City Council preliminarily find the petition valid according to Colorado Revised Statutes. BACKGROUND The North Vista Annexation comprises 1169 acres north of 47 Street and west of Troy Avenue extended. A 15.6 -acre parcel owned by the City of Pueblo within the floodplain of Fountain Creek is included within the proposed annexation area. This Resolution preliminarily determines that the Petition for Annexation is valid under the provisions of the Colorado Revised Statutes 31 -12- 107(1). City Council adopted Ordinance No. 7632 on August 13, 2007 establishing procedures within Section 8, Chapter 6, Title XVII of the Pueblo Municipal Code to process annexation petitions and zoning applications concurrently. This is the first annexation petition to be submitted to City Council since the adoption of the ordinance. If Council preliminarily determines the petition to be valid according to CRS 31 -12 -107 (1), then in accordance with the procedure established in the Pueblo Municipal Code the final action on the petition is tabled for a period of not more than one hundred eighty (180) days, and the petition is referred to the Planning and Zoning Commission for review and recommendation. 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.