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HomeMy WebLinkAbout13270RESOLUTION NO. 13270 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS MVD ANNEXATION AND DESCRIBED AS LAND EAST OF I-25 AND NORTH OF VESTAS TOWERS AMERICA IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107 (1), SETTING THE DATE OF A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF C.R.S. §31-12-104 AND 105, 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 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): 1. AREA TO BE ANNEXED ANNEXATION A A portion of the Section 25, E ½ of Section 26, NE ¼ of Section 35 and N ½ of Section th 36, Township 21 South, Range 65 West of the 6 P,M. in the County of Pueblo, State of Colorado. Beginning at the Northwest corner of Lot 2, Vestas Towers America, according to the recorded plat thereof, as filed for record at Reception No. 1821580 in the Pueblo County records; said point also being on the Easterly right-of-way line of the Greenhorn Drive; thence along the Easterly right-of-way line of Greenhorn Drive the following seven (7) courses: 1. thence N. 03°20'44" E., a distance of 985.49 feet; 2. thence along the arc of a curve to the right whose radius is 460.00 feet, a distance of 412.79 feet; 3. thence N. 54°45'38" E., a distance of 814.28 feet; 4. thence along the arc of a curve to the left whose radius is 540.00 feet, a distance of 1,047.20 feet; 5. thence N. 56°21'01" W., a distance of 599.31 feet; 6. thence along the arc of a curve to the right whose radius is 460.00 feet, a distance of 479.27 feet; 7. thence N. 03°20'44" E., a distance of 2,173.98 feet; thence N. 23°48'03" E., a distance of 140.76; thence S. 89°13'16" E., a distance of 5,135.29 feet to a point on the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477); thence S. 02°27'16" W., along the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad, a distance of 5,692.35 feet a the Northwest corner of said Vestas Towers America; thence westerly along the North line of said Vestas Towers America the following two (2) courses: 1. thence N. 89°47'02" E., a distance of 2978.63 feet; 2. thence N. 89°47'02" E., a distance of 2978.63 feet; to the Point of Beginning and the Northwest corner of Said Lot 2. Containing 656.62 acres, more or less. ANNEXATION B A portion of the E ½ of Section 26 and NE ¼ of Section 35, Township 21 South, Range th 65 West of the 6 P,M. in the County of Pueblo, State of Colorado. Commencing at the Northwest corner of Lot 2, Vestas Towers America, according to the recorded plat thereof, as filed for record at Reception No. 1821580 in the Pueblo County records; said point also being on the Easterly right-of-way line of the Greenhorn Drive; thence N. 01°17'44" W., a distance of 988.73 feet to a point on the Westerly right-of-way line of the Greenhorn Drive and the Easterly right-of-way line of Colorado Interstate No. 25 as presently located and Point of Beginning; thence N. 03°20'44" E., along the Easterly right-of-way line of Colorado Interstate No. 25, a distance of 2455.29 feet; thence along the Easterly right-of-way line of Greenhorn Drive the following five (5) courses: 1. thence along the arc of a curve to the left whose radius is 540.00 feet and whose center bears S. 86°39‘16” E., a distance of 562.62 feet; 2. thence S. 56°21'01" E., a distance of 599.31 feet; 3. thence along the arc of a curve to the right whose radius is 460.00 feet, a distance of 892.06 feet; 4. thence S. 54°45'38" W., a distance of 814.28 feet; 5. thence along the arc of a curve to the left whose radius is 540.00 feet, a distance of 484.57 feet to a point on the Easterly right-of-way line of Colorado Interstate No. 25 and Point of Beginning. Containing 27.72 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Beginning at the Northeast corner of Lot 1, Vestas Towers America, according to the recorded plat thereof, as filed for record at Reception No. 1821580 in the Pueblo County records; said point also being on the Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad (Line Segment No. 0477); thence N. 02°27'16" E., Westerly right-of-way line of the Burlington Northern and Santa Fe Railroad, a distance of 5,692.35 feet; thence N. 89°13'16" W., a distance of 5,135.29 feet to a point on the Present City Limits line and Point the of Terminus. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraphs 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, Third Floor, City Hall, One City Hall Place, Pueblo, Colorado on Monday, September 14, 2015, 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. SECTION 3. The Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Resolution. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: July 27, 2015 BY: Robert Schilling City Clerk’s Office Item # M-4 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: July 27, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning & Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS MVD ANNEXATION AND DESCRIBED AS LAND EAST OF I-25 AND NORTH OF VESTAS TOWERS AMERICA IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107 (1), SETTING THE DATE OF A PUBLIC HEARING PURSUANT TO THE REQUIREMENTS OF C.R.S. §31-12-104 AND 105, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION SUMMARY: Attached is a Resolution for City Council consideration that preliminarily determining that the petition for the annexation of a 684-acre area commonly known as MVD annexation located east of I-25 and north of Vestas Towers America is valid under the provisions of Colorado Revised Statutes Section 31-12-107 (1), setting the date of September 14, 2015 for a public hearing pursuant to C.R.S. §31-12-104 and 105 to make findings and determinations that the property is eligible for annexation, and referring the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pueblo Suburban Development, LLC is requesting to annex a 684-acre site into the City to facilitate the construction of an agricultural greenhouse production complex. 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 September 14, 2015 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. The first reading of an Ordinance approving the annexation of the property into the City of Pueblo is planned to be submitted for the August 24, 2015 City Council meeting. Pueblo Suburban Development, LLC has submitted applications to the City for the zoning and subdivision of the property that are being reviewed concurrently with the petition for annexation. FINANCIAL IMPLICATIONS: The filing of the annexation petition and the approval of the Resolution determining the property substantially complies with the provisions of Colorado Revised Statutes Section 31-12-107 (1) does not result in any direct financial impact to the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Copies of the Petition for Annexation will 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. Copies of an Annexation Impact Report will be filed with all taxing entities as required by Colorado Revised Statutes. ALTERNATIVES: Approve the Resolution of Substantial Compliance and table any action on the annexation petition for a period up to 180 days. RECOMMENDATION: Approval of the Resolution. Attachments: Annexation Petition, Circulator’s Oath, Annexation Plat 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 theCity's_Director of Land Use. TO BE COMPLETED BY PETITIONERS Name of Annexation: MVD Annexation Location and size in acres: Sections 25,26, 35 and 36.Township 21 South. Range 65 . West of the 661 P.M., County of Pueblo, Colorado, 684 acres. 100%of Owners I : Less than 100%of owners 0 School District No. 60 : Special District: (1 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 114;42 :,9 Date Petition Filed 1/6/20/5—Filing Fee$31 g 70, or) Paid. �e ':tij Resolution Finding Substantial Compliance adopted Date of Public Blearing ;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 . Southeastern Water Conservancy District. Pueblo Library District,Other and special district Upon receipt of this Annexation Information Sheet, Petition For Annexation. 24 prints of the annexation map, and evidence of ownership. the City Clerk will forward copies of the Annexation Information Sheet and Petition for Annexation together with the evidence of ownership and 20 prints of the annexation map to the Director of Land Use and refer the Petition For Annexation to the City Council as a communication. (1) Pueblo City/County Library District South East Water Conservancy District Lower Arkansas Vallee Water Conservancy District 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: See Attached Exhibit A As ground for this annexation, Petitioners state: I. 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 public street,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‘‘ithout the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road or other public way; or. ih) comprises twenty (20)acres or more and which, together with the buildings and improvements situated thereon has an assessed value in excess of S200.000.00 for ad valorem lax purposes for the dear preceding the annexation. is included within the 7 ' rI 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 ufand 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 he established with respect to the area proposed to be annexed. (h) Acknowledge and agree that upon the annexation of the area proposed to he annexed and, subject to the provisions of the Annexation Agreement, 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, hut not limited to sanitary surer services. to the area proposed to he 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 I80 days prior to the date of filing with the City Clerk. MAILING LEGAL DATE OF SIGNATURE ADDRESS DESCRIPTION SIGNING , jt,.(7 0111- ZO1S- Gerardus P M van Der Drift.Manager Pueblo Suburban 503-N1 Main Street, See Attached Exhibit A Development. LLC. - Suite 740, Pueblo CO. a Colorado Limited 81003 Liability Company e �� ( r CIRCULATOR'S OATH STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) 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. Circulitor' Sig atu Sub crjbed and affirmed, or sw�Rrn to before me in the County . t 0 State of __. � , this C day of 20 wdjacKtit, Witness my hand and official seal. .) , My commission expires: 1 LI g.,O (SEAL) off• Notary Public (or official title) DONNA L WALKER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19904005598 IilY COMMISSION.EXPIRES 05/1412018 503 N. Main St. Suite 740 Pueblo, CO 81003 McPherson, Breyfogle, Phone(719)543-0516 Daveline& Goodrich, PC Fax(719) 544-2849 Certified Public Accountants June 30, 2015 Memo From: Roy H. Breyfogle, CPA Kim Koch,Northstar Engineering& Surveying, Inc. The Manger authorized to conduct all business and sign all documents and contracts on behalf of Pueblo Suburban Development,LLC is: Gerardus P M van Der Drift, Manager Pueblo Suburban Development, LLC 503 N. Main St, Suite 740 Pueblo, CO 81003 Owners of Pueblo Suburban Development,LLC as of June 30, 2015 are: Van Der Drift USA, LLC 80% 503 N. Main St, Suite 740, Pueblo, CO 81003 Manager is Gerardus P M van der Drift Kleine Achterweg 35 Naaldwijk 2671 LT, the Netherlands Norstate USA, LLC 10% 503 N. Main St, Suite 740, Pueblo, CO 81003 Manager is Fredrik W. Hoek Hondsdraf 2 2671 DM Naaldwijk, the Netherlands AGTO, Ltd. 10% Manager is Thomas Larssen 4273 Couples Cr. Burlington, Ontario L7M 4Z2, Canada Best Regards, E �( Y►, �� 49pO