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HomeMy WebLinkAbout11318RESOLUTION NO. 11318 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF 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 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 of the following described area situated in Pueblo County, Colorado, is hereby found and determined to be in substantial compliance with 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. Containing 0.30 acres, more or less. 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 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. A public hearing to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. §31 -12 -104 and C.R.S. §31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965 shall be held before the City Council in Council Chambers, Second Floor, City Hall, One City Hall Place, Pueblo, Colorado on Monday, July 28, 2008, commencing at 7:00 p.m. or as soon thereafter as City Council business allows. The City Clerk shall publish notice of the public hearing once a week for four successive weeks in the Pueblo Chieftain. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. A copy of the published notice, together with a copy of the Petition for Annexation, shall be sent by registered mail by the City Clerk to the Board of County Commissioners and the County Attorney of Pueblo County and to any school district or special district having territory within the area to be annexed at least twenty five days prior to the date of the hearing. INTRODUCED June 23, 2008 BY Vera Ortegon Councilperson APPROVED IC F T' I + trunti OrrY C Iles 11318 Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: JUNE 23, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31 -12 -107 (1) OF 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 ISSUE Shall the City Council approve and adopt findings and determination concerning the proposed annexation? 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 approve the Resolution. BACKGROUND The Regency Developers, LLC Annexation submitted by Regency Developers, LLC is comprised of 0.30 acres. The purpose of the annexation is to facilitate commercial and residential development within a mixed -use residential zone district. This Resolution determines that the Petition for Annexation is found and determined to be in substantial compliance with the provisions of the Colorado Revised Statutes 31 -12- 107(1). A public hearing is scheduled for July 28, 2008 to determine if the area proposed to be annexed meets the applicable requirements of C.R.S. 31 -12 -104 and 31 -12 -105 to establish eligibility for annexation under the Municipal Annexation Act of 1965. It also directs the City Clerk to publish notice of public hearing once a week for four successive weeks in the Pueblo Chieftain. By approving the attached resolution City Council finds the annexation petition is in substantial compliance with state annexation statutes and sets the date of July 28, 2008 for a public hearing. The date for the first presentation of the Ordinance for Annexation is scheduled for July 14, 2008. FINANCIAL IMPACT The filing of the annexation petition and this Finding of Substantial Compliance does not result in any direct financial impact to the City of Pueblo. RECEIVED MAR 1 0 2008 CITY OF PUEBLO ANNEXATION INFORMATION SHEET Attached is a blank Petition for Annexation to be completed and filed with the City Clerk of the City of Pueblo together with an original and twenty-four (24) prints of an annexation map and satisfactory evidence of the names and addresses of all the owners of land within the area proposed to be annexed. All petitioners must sign the Petition For Annexation within 180 days before the date of filing with the City Clerk. Prior to filing with the City Clerk all documents must be reviewed by the City's Director of Land Use. TO BE COMPLETED BY PETITIONERS Name of Annexation: Regency Developers, LLC Location and size in acres: Section 9 , Township 21 South, Range 65 West of the 6 P.M., County of Pueblo, Colorado, 0.30 acres. 100 % of Owners X Less than 100% of owners School District No. 60 Special District: Impact Report: If the area proposed to be annexed is more than 10 acres in size, a draft of an impact report meeting the provisions of C.R.S. 31 -12 -108.5 is required to be prepared by Petitioners and submitted to the City's Director of the Department of Planning and Development on the same date the Petition for Annexation is filed with the City Clerk. Annexation Agreement; The City requires the Petitioner to enter into an Annexation Agreement prior to the effective date of the annexation. Such Agreement shall constitute conditions of annexation as effectively as if set forth in the Petition For Annexation. For Office Use Only: Date Reviewed by Director of Land Use Date Petition Filed Filing Fee $ Paid Resolution Finding Substantial Compliance adopted Date of Public Hearing ; Notice of Public Hearing Published: and Copy of published Notice and Petition For Annexation sent by Registered Mail on to Pueblo County Board of County Commissioners, Pueblo County Attorney, School District District, Other Southeastern Water Conservancy District, Pueblo Library and special district sLG: - 6 :wi0C. 0t RPCpip rx: 3250 Upon receip of this Annexation Information Sheet, Petition For ip 'tg_ ° of the P P Aa annexation map, and evidence of ownership, the City Clerk wily 10rward. copiWIof thes5H.t0 Annexation Information Sheet and Petition for Annexation toget e"r, tyfti�;,the evidence oft' > -.` -- ownership and 20 prints of the annexation map to the Director of Land Use and refer :the Pettioq For Annexation to the City Council as a communication. rrs ua x. _: „r,r,t, 11Fe1 2 v _ l _ i CITY OF PUEBLO PETITION FOR ANNEXATION TO THE CITY COUNCIL OF PUEBLO, COLORADO: Pursuant to the Municipal Annexation Act of 1965 and C.R.S. §31- 12- 107(1) the undersigned landowners within the area proposed for annexation hereby petition the City Council of the City of Pueblo for annexation to the City of Pueblo (herein "City") of the following described unincorporated area located in the County of Pueblo, State of Colorado: A portion of the SE % of Section 9, Township 21 South, Range 65 West of the e P.M. being more particularly described as follows: All of Lots 32, 33, 34 and 35, Block 16 in Columbia Heights subdivision. Containing 0.30 acres, more or less. As ground for this annexation, Petitioners state: It is desirable and necessary that the area herein described be annexed to the City. 2. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with existing boundaries of the City. 3. This petition for annexation has been signed by persons comprising more that fifty percent (50 %) of the landowners in the area proposed to be annexed and owning more than fifty percent (50 %) of the area, excluding bublic streets, alleys, and any land owned by the City. 4. A community of interest exists between the area proposed to be annexed and the City. 5. The area proposed to be annexed is urban or will be urbanized in the near future. 6. The area proposed to be, annexed is integrated with or is capable of being integrated with the City. 7. No land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is divided into separate parts or parcels without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; or, (b) comprises twenty (20) acres or more and 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, is included within the territory proposed to be annexed without the written consent of the landowner or landowners. 8. The mailing address of each signer, the legal description of the land owned by each landowner and the date of signing of each signature are shown on this petition. 9. Attached to this petition is the affidavit of the circulator of this petition that each signature hereon is the signature of the person whose name it purports to be. 10. Accompanying this petition are an original and twenty -four (24) prints of an annexation map containing the following information: (a) A written legal description of the boundaries of the area proposed to be annexed; (b) A map showing the boundary of the area proposed to be annexed. (Such map shall be prepared by and contain the seal of a Colorado registered engineer or land surveyor); (c) Within the annexation boundary map there is shown the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (d) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City and the area proposed to be annexed with the dimension of such boundary. 11. The area proposed to be annexed is not presently a part of any incorporated city or town. 12. No part of the area proposed to be annexed is more than three miles in any direction from any point of the boundaries of the City as such was established more than one year before this annexation will take place. 13. As condition of and in consideration of the City annexing the area proposed to be annexed, Petitioners for themselves and their heirs, personal representatives, successors and assigns: (a) Waive and release all previously acquired or existing vested property rights attached to or established. with respect to the area proposed to be annexed and acknowledge and agree that the annexation of the area proposed to be annexed is not a site specific development plan and no vested property right shall attach to or be established with respect to the area proposed to be annexed. (b) 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, 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. (c) "Vested property right' and "site specific development plan" shall have the same meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of the City and Article 60, Title 24, C.R.S. 14. Petitioners consent and agree to the following conditions: (a) Petitioners and the City shall enter into an Annexation Agreement prior to the effective date of this annexation. (b) (c) (d) (e) WHEREFORE, Petitioners request that the City Council of Pueblo approve the annexation of the above described area to the City of Pueblo (all Petitioners must sign this Petition within 180 days prior to the date of filing with the City Clerk. MAILING LEGAL DATE OF SIGNATURE ADDRESS DESCRIPTION SIGNING Heights subdivision CIRCULATOR'S OATH STATE OF COLORADO COUNTY OF PUEBLO ss. The undersigned of lawful age being first duly sworn upon oath deposes and states that I circulated the foregoing Petition For Annexation and that each signature therein is the signature of the person whose name it purports to be. Circulator's Signature Clay Whitham, Manager Regency Developers, LLC, a Colorado Limited Liability Company Subscribed and affirmed, or sworn to, before me in the County of Pueblo State of Colorado this i day of ` n hLj ✓V 2008, by Clay Whitham. Witness my hand and official seal. My commission expires: 09,-m— l n (SEAL) ` 4! kA Ij 1 l , `IN4P1 a MICHELE M CORREA Notary Public (or official title) NOTARY PUBLIC STATE OF COLORADO My commission expfres_Cr.(28-.L4�.,..