HomeMy WebLinkAbout11279RESOLUTION NO. 11279
A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE
ANNEXATION OF THE AREA COMMONLY KNOWN AS REGENCY DEVELOPERS, LLC AND
DESCRIBED AS LAND NORTH OF KINGSROYAL BOULEVARD AND NORTHWEST OF STATE
HIGHWAY 78 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 and commonly known as Regency Developers, LLC 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 Lots 32, 33, 34 and 35, Block 16 in Columbia Heights according to the recorded plat thereof
as filed for record May 23, 1888.
2. PROPOSED NEW CITY LIMITS LINE:
The existing City Limits Line encompasses the perimeter of Lots 32, 33, 34 and 35, Block 16 in
Columbia Heights.
3. CERTIFICATION OF PERIMETER:
At least one -sixth of the boundary of the land described in paragraph one (1) above, is now
existing City Limits Line.
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 April 14, 2008
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # I - Z—
DATE: APRIL 14, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE
ANNEXATION OF THE AREA COMMONLY KNOWN AS REGENCY DEVELOPERS,
LLC AND DESCRIBED AS LAND NORTH OF KINGSROYAL BOULEVARD AND
NORTHWEST OF STATE HIGHWAY 78 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
ISSUE
Shall the City Council determine the petition for annexation of the area commonly
known as the Regency Developers, LLC 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?
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 Regency Developers, LLC comprises 0.30 acres north of Kingsroyal Boulevard and
northwest of State Highway 78 shown on the attached Exhibit "A' — Regency
Developers, LLC Annexation Plat. 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. 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.
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