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HomeMy WebLinkAbout13870 RESOLUTION NO. 13870 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE ST. CHARLES INDUSTRIAL PARK-PHASE 2 ANNEXATION DESCRIBED AS 369.81 ACRES EAST OF GREENHORN DRIVE AND SOUTH OF LIME ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, 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, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Petition for Annexation (“Petition”) of the following described area situated in Pueblo County, Colorado, is hereby preliminarily found and determined to be valid under the provisions of C.R.S. §31-12-107(1): AREA TO BE ANNEXED: A parcel of land located in a portion of Sections 1, 2, 11, and 12, Township 22 South, th Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Considering the North line of Section 11, Township 22 South, Range 65 West to bear S. 87°07’53” E. monumented at both ends with a number five (5) rebar with two and a half inch (2 ½”) aluminum cap and all bearings contained herein being relative thereto. Commencing at the Southwest corner of Vestas Towers America plat, according to the recorded plat thereof, as filed for record on October 15, 2009 at Reception No. 1821580 in the Pueblo County records and being on the south line of Lime Road right-of-way as presently located and the present City limits line; thence N. 85º59’00” E., along the said south line of said Lime Road and present City limits line, a distance of 80.28 feet to the east right-of-way line of Greenhorn Drive extended south and the Point of Beginning; thence along the south right-of-way line of said Lime Road and the present City limits line the following five (5) courses; 1. thence N. 85º59’00” E., a distance of 4,233.83 feet; 2. thence S. 04º01’00” E., a distance of 15.00 feet; 3. thence N. 85º59’00” E., a distance of 700.00 feet; 4. thence N. 04º01’00” W., a distance of 15.00 feet; 5. thence N. 85º59’00” E., a distance of 767.13 feet to a point on the westerly right-of-way line of the Burlington Northern & Santa Fe Railroad as presently located; thence southerly along the westerly right-of-way line of the said Burlington Northern & Santa Fe Railroad the following five (5) courses; 1. thence S. 03º00’05” W., a distance of 1,080.72 feet; 2. thence along a spiral to the right with a total angle of 02º12’ and a length of 381.53 feet; 3. thence along the arc of a curve to the right whose radius is 3,596.61 feet, a distance of 390.22 feet to the north line of Section 12; 4. thence N. 88º38’13” W. along the north line of Section 12, a distance of 50.35 feet; 5. thence along a spiral to the right with a total angle of 01º48’36” and a length of 228.85 feet to the Southeastern Colorado Water Conservancy District (SECWCD) boundary as presently located; thence westerly along the southerly boundary of the Southeastern Colorado Water Conservancy District (SECWCD) as presently located the following thirteen (13) courses; 1. thence S. 44º40’44” W. a distance of 632.73 feet; 2. thence S. 57º38’03” W., a distance of 483.99 feet; 3. thence S. 67º32’43” W., a distance of 379.09 feet; 4. thence S. 49º56’55” W., a distance of 447.99 feet; 5. thence N. 88º38’13” W., a distance of 522.90 feet; 6. thence S. 27º45’16” W., a distance of 759.21 feet; 7. thence N. 79º17’42” W., a distance of 703.54 feet; 8. thence N. 88º33’21” W., a distance of 562.34 feet; 9. thence N. 41º10’05” W., a distance of 255.07 feet; 10. thence N. 69º10’02” W., a distance of 483.28 feet; 11. thence N. 37º02’43” W., a distance of 312.10 feet; 12. thence N. 69º32’41” W., a distance of 697.63 feet; 13. thence S. 80º35’30” W., a distance of 354.58 feet; thence N. 00º46’53” E., a distance of 2,424.55 feet to the south right-of-way line of Lime Road and the Point of Beginning. Containing 369.81 acres, more or less I. PROPOSED NEW CITY LIMITS LINE: Commencing at the Southwest corner of Vestas Towers America plat, according to the recorded plat thereof, as filed for record on October 15, 2009 at Reception No. 1821580 in the Pueblo County records and being on the south line of Lime Road right-of-way as presently located and the present City limits line; thence along the south right-of-way line of Lime Road and the present City limits line the following six (6) courses; 1. thence N. 85º59’00” E., a distance of 80.40 feet; 2. thence N. 85º59’00” E., a distance of 4,233.83 feet; 3. thence S. 04º01’00” E., a distance of 15.00 feet; 4. thence N. 85º59’00” E., a distance of 700.00 feet; 5. thence N. 04º01’00” W., a distance of 15.00 feet; 6. thence N. 85º59’00” E., a distance of 767.13 feet to a point on the westerly right-of-way line of the Burlington Northern & Santa Fe Railroad as presently located and the Point of Beginning; thence southerly along the westerly right-of-way line of the said Burlington Northern & Santa Fe Railroad the following five (5) courses; 1. thence S. 03º00’05” W., a distance of 1,080.72 feet; 2. thence along a spiral to the right with a total angle of 02º12’ and a length of 381.53 feet; 3. thence along the arc of a curve to the right whose radius is 3,596.61 feet, a distance of 390.22 feet to the north line of Section 12; 4. thence N. 88º38’13” W. along the north line of Section 12, a distance of 50.35 feet; 5. thence along a spiral to the right with a total angle of 01º48’36” and a length of 228.85 feet; thence westerly along the southerly boundary of the Southeastern Colorado Water Conservancy District (SECWCD) as presently located the following thirteen (13) courses; 1. thence S. 44º40’44” W. a distance of 632.73 feet; 2. thence S. 57º38’03” W., a distance of 483.99 feet; 3. thence S. 67º32’43” W., a distance of 379.09 feet; 4. thence S. 49º56’55” W., a distance of 447.99 feet; 5. thence N. 88º38’13” W., a distance of 522.90 feet; 6. thence S. 27º45’16” W., a distance of 759.21 feet; 7. thence N. 79º17’42” W., a distance of 703.54 feet; 8. thence N. 88º33’21” W., a distance of 562.34 feet; 9. thence N. 41º10’05” W., a distance of 255.07 feet; 10. thence N. 69º10’02” W., a distance of 483.28 feet; 11. thence N. 37º02’43” W., a distance of 312.10 feet; 12. thence N. 69º32’41” W., a distance of 697.63 feet; 13. thence S. 80º35’30” W., a distance of 354.58 feet; thence N. 00º46’53” E., a distance of 2,424.55 feet to the south right-of-way line of Lime Road and the present City limits line. II. 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. Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with sections 31-12-104 and 31-12-105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: January 8, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL City Clerk’s Office Item # M-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: January 8, 2018 TO: Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE ST. CHARLES INDUSTRIAL PARK-PHASE 2 ANNEXATION DESCRIBED AS 369.81 ACRES EAST OF GREENHORN DRIVE AND SOUTH OF LIME ROAD IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION SUMMARY: The City Clerk received an annexation petition for a 369.81-acre area located east of Greenhorn Drive and south of Lime Road. This Resolution will determine if the petition for annexation is valid under the provisions of Colorado Revised Statutes Section 31-12- 107(1), tables final action on the petition for a period not more than 180 days, and refer the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The St. Charles Industrial Park-Phase 2 Annexation is an annexation of property totaling 369.81 acres located east of Greenhorn Drive and South of Lime Road. The proposed annexation will facilitate the development of an industrial/manufacturing use that is consistent with the adjacent industrial/manufacturing use to the north. The Resolution preliminarily determines that the petition for annexation is valid under the provisions of the Colorado Revised Statutes 31-12-107(1). In accordance with the procedure established in the Pueblo Municipal Code, the final action on the petition is tabled for a period of not more than one hundred eighty (180) days and the petition is referred to the Planning and Zoning Commission for review and recommendation. FINANCIAL IMPLICATIONS: 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 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. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: 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 preliminarily finds that the petition is valid according to Colorado Revised Statutes. 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