HomeMy WebLinkAbout11337RESOLUTION NO. 11337
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED 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, the Pueblo City Council commenced on July 28, 2008 and concluded a public
hearing on July 28, 2008, for the purpose of determining and finding whether or not the area
proposed to be annexed and described in Resolution No. 11318 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. Stravia under the date of June 19, 2008.
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 July 28, 2008
Res. 11337
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # Z
DATE: JULY 28, 2008
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS
CONCERNING THE PROPOSED 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 City Council approve and adopt findings and determination that the proposed
Regency Developers, LLC Annexation meets the applicable requirements of C.R.S. §
31 -12 -104 and 105?
RECOMMENDATION
Approval of the Resolution
BACKGROUND
The Regency Developers, LLC Annexation submitted by Regency Developers, LLC
comprises 0.30 acres located north of Kingsroyal Boulevard and northwest of 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 Regency
Developers, LLC 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:
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.