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HomeMy WebLinkAbout14038RESOLUTION NO. 14038 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 1 AND DESCRIBED AS LAND EAST OF I-25 AND AT THE TERMINUS OF INDIANA AVENUE 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 A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13, Township th 21 South, 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 South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°54’21” E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39 and the present City limits line; thence N. 88º54’21” E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of 300.00 feet to the Point of Beginning; thence N. 01º04’44” W. continuing along said east right- of-way line, a distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N. 40º24’00” E., a distance of 128.98 feet; thence S. 01º05’39” E., a distance of 1,896.61 feet; thence S. 88º54’21” W., a distance of 100.00 feet; thence N. 01º05’39” W., a distance of 850.00 feet; thence S. 88º54’21” W. a distance of 211.71 feet to the said east right-of-way line and the Point of Beginning. Containing 8.84 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the Southeast corner of said Block 39 and the present City limits line; thence N. 88º54’21” E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of 300.00 feet to the Point of Beginning; thence N. 01º04’44” W. continuing along said east right- of-way line, a distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N. 40º24’00” E., a distance of 128.98 feet; thence S. 01º05’39” E., a distance of 1,896.61 feet; thence S. 88º54’21” W., a distance of 100.00 feet; thence N. 01º05’39” W., a distance of 850.00 feet; thence S. 88º54’21” W. a distance of 211.71 feet to the said east right-of-way line and the Point of Beginning. 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, October 22, 2018, 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 authorized and directed 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: August 27, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: August 27, 2018 TO: President Christopher A. Nicoll and 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 EVRAZ ANNEXATION NO. 1 AND DESCRIBED AS LAND EAST OF I-25 AND AT THE TERMINUS OF INDIANA AVENUE 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 determines that the petition for the annexation of a 8.84-acre area commonly known as Evraz Annexation No. 1 located east of I-25 and at the terminus of Indiana Avenue is valid under the provisions of Colorado Revised Statutes Section 31-12-107 (1), setting the date of October 22, 2018 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: CF&I Steel, LP is requesting to annex an 8.84-acre site into the City of Pueblo (“City”) to facilitate the further industrial development on a portion of the company’s property adjacent to city limits. 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 October 22, 2018 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 October 9, 2018 City Council meeting. CF&I Steel, LP has submitted applications to the City for the zoning 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, the Board of County Commissioners, 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: City Council could consider tabling any action on the annexation petition for a period up to 180 days. Although the commitments for the industrial expansion are time sensitive and delays in the approval process could impact the company’s desire to annex property into the City. RECOMMENDATION: Approval of the Resolution. Attachments: Annexation Petition Circulator’s Oath Annexation Plat EVRAZ ANNEffAzirllON MOD V ANNEXA7r110M 710 7r'11-11E CllYY OF PUEBLO A PARCH Cl IAN() IN IRE 1 1/2 01 5E011CMS 12 ANI /2, IONNSIEIP 21 5C0111 RANCE 65 NIS!, CI 11/1 61/9 1 M IN MI COUNIY CI PO/I210 5/Ali CE 0010RAI0 ' 5N424'OO "4' I 1 1 i II I, /II / I ........,,,..... I II . ii I 1-- c 4 ,, SCA1 F 1" = 200' 1 -2- I ...'" 1 ‘,.. 1 i 228 00 • I [ [ I r. ! : LEGEND 1,9,INING ): i I INI . I., 2 MICIIREI NM CT/ 116113 u•IL I 1.1. .t ,•1-1 , 1 . '.--' as,1 P 0 II f OOf N , ..,..,,n• 7:1: I .. ,..1.7 s': , .,,.%,.%i P 0 S. POMO Of CONNIN(0,11 NI .4, r ', 1 .' ! I 1 •CO 3 ,,,,,,,,,,,.or pE...prpt •• •• ',ROMS.Cl,1.15 LAI Ig :In I I II 1 i ii BASIS OF.0.1ARINGS.• I 1 '- i 4',..' ..‘.. I Toll sawn 1,44 0/89004 MN I. 0410044ADDITION , ., '..- 1 ,.,'', ra etAli N 88 51)1 I , •.',\%• c- i .„^.6,6, ,„„„„ `41011,4 2 11•1 1 1 ,^,. -`.. 21771 I ..4,. 1,' .1 , • la a. il i p o r : I A : 1 4 gr. 1 If I 1 I 81 : , , : ii I , — I ;.4‘,;''• '4. `. • ,vic 4-,:44r' 7— Il 1 . 1 /sercr2ro , , I if I I I I I 1 r 4 , 1 I ( } 1 i r t • " "•• • .., - c VICINITY MAP NCI 70 004/! EVRAZ ANNEXATION NO. 1 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: 1. 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 without the written consent of the landowners thereof, unless such tracts or parcels are separated by a dedicated street, road or other public way; or, (b) comprises twenty(20) acres or more and 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, is included within the 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 of and 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 he annexed. (b) Acknowledge and agree that upon the annexation of the area proposed to be 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, but not limited to sanitary sewer services, to the area proposed to be 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 180 days prior to the date of filing with the City Clerk. MAILING LEGAL DATE OF SIGNATURE ADDRESS DESCRIPTION SIGNING CF&I STEEL LP, See Attached .e ^z a Limited Partnership 0' y�•,,k i 01201 g 1612 E. Abriendo Avenue \1 Pueblo CO. 81004 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. "7)52"--• Circulator's Signat e Subscribed and affirmed, or sworn to, before me in the County of Vut b10 State of C.A.,\o*p 00 , this jca`�"` day of Pk,c,, u St 20tc{ , By h L-h • Witness my hand and official seal. My commission expires: 51 r$1 I .U 1 9 • (SEAL) Ai No ary Public (:(1.4.41, official title) Paula J. Dunn NOTARY PUBLIC State of Colorado Notary ID 20114025712 's.''ommission Expires May 181201® Exhibit A EVRAZ ANNEXATION NO. 1 A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°54'21" E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39 and the present City limits line; thence N. 88°54'21" E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01°04'44" W. along said east right-of-way line, a distance of 300.00 feet to the Point of Beginning; thence N. 01°04'44" W. continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88°54'21' E., a distance of 226.00 feet; thence N. 40°24'00" E., a distance of 128.98 feet; thence S. 01°05'39" E., a distance of 1,896.61 feet; thence S. 88°54'21"W., a distance of 100.00 feet; thence N. 01°05'39" W., a distance of 850.00 feet; thence S. 88°54'21" W. a distance of 211.71 feet to the said east right-of-way line and the Point of Beginning. Containing 8.84 acres, more or less