HomeMy WebLinkAbout13293RESOLUTION NO. 13293
A RESOLUTION APPROVING AND ADOPTING FINDINGS
AND DETERMINATIONS CONCERNING THE PROPOSED
ANNEXATION FOR THE AREA COMMONLY KNOWN AS
THE MVD ANNEXATION DESCRIBED AS EAST OF 1-25
AND NORTH OF VESTAS TOWERS AMERICA
WHEREAS, the Pueblo City Council commenced on September 14, 2015 and
concluded a public hearing on September 14, 2015, for the purpose of determining and
finding whether or not the area proposed to be annexed and described in Resolution
No. 13270 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 September 8,
2015; 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 for ad valorem tax purposes for the year
preceding the annexation, (c) no annexation proceedings have been commenced for
annexation to another municipality of part or all of the area to be annexed, (d) the area
to be annexed meets the applicable requirements of C.R.S. §31-12-104 and 105, and
(e) 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)(I), 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: September 14, 2015
BY: Ed Brown
City Clerk’s Office Item # M-1
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: September 14, 2015
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Planning and Community Development
SUBJECT: A RESOLUTION APPROVING AND ADOPTING FINDINGS AND
DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION
FOR THE AREA COMMONLY KNOWN AS THE MVD ANNEXATION
DESCRIBED AS EAST OF 1-25 AND NORTH OF VESTAS TOWERS
AMERICA
SUMMARY:
The proposed Resolution seeks City Council's adoption of certain findings
and determinations that the area commonly known as the MVD Annexation
meets the applicable requirements of Colorado Revised Statutes 31-12-104 and 105.
PREVIOUS COUNCIL ACTION:
On July 27, 2015 City Council approved a Resolution preliminarily determining that the
petition for annexation of the area commonly known as MVD Annexation complies with
Colorado Revised Statutes, referred the annexation petition to the Planning and Zoning
Commission for review, and set the public hearing for the annexation on September 14,
2015.
BACKGROUND:
The MVD Annexation comprises 684 acres east of I-25 and north of Vestas Towers
America. The area to be annexed is located within the boundaries of the City of
Pueblo’s Master Annexation Plan. This Resolution determines that the 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:
1. 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 IMPLICATIONS:
None with respect to this action.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 12, 2015 Regular Meeting, voted
6-0 to recommend approval with Commissioner Latka absent.
STAKEHOLDER PROCESS:
Annexation Impact Reports have been delivered to all taxing entities as required by
Colorado Revised Statutes.
ALTERNATIVES:
Deny the Resolution.
RECOMMENDATION:
The City Planning staff has reviewed the annexation for compliance with Section 31-12-
104 and 105 of the Colorado Revised Statutes and recommends that City Council adopt
the findings and determinations set forth in this Resolution.
Attachments: Annexation Plat for the MVD Annexation
MVO ANNEX/371110M
TO TME COTY OF PUEBLO
A PORTION OF THE SECTION 25, E 1/2 OF SECTION 26, NE 1/4 OF SECTION 35 AND N 1/2 OF SECTION 36, TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF
THE 6TH P.M. COUNTY OF PUEBLO, STATE OF COLORADO
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