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 �(
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