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HomeMy WebLinkAbout14075 City Clerk’s Office Item # M-1 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: November 12, 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, Department of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION FOR THE AREA COMMONLY KNOWN AS EVRAZ NO. 1 DESCRIBED AS 8.84 ACRES OF LAND EAST OF I-25 AND AT THE TERMINUS OF INDIANA AVENUE SUMMARY: The proposed Resolution seeks City Council's adoption of certain findings and determinations that the area commonly known as the Evraz No. 1 meets the applicable requirements of Colorado Revised Statutes 31-12-104 and 105. PREVIOUS COUNCIL ACTION: On August 27, 2018 City Council approved Resolution No. 14038 preliminarily determining that the petition for annexation of the area commonly known as the Evraz Annexation, No. 1 is valid under the provisions of Colorado Revised Statutes Section 31- 12-107(1). BACKGROUND: The Evraz Annexation No. 1 contains 8.84 acres east of I-25 and at the terminus of Indiana Avenue. 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 105establishing 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 City Planning and Zoning Commission reviewed the annexation at the September 12, 2018 Regular Meeting. A motion to approve the proposed annexation was made by Commissioner Bailey, seconded by Council Person Schilling. Motion passed 6-0 (San Filippo-Rosser absent). STAKEHOLDER PROCESS: Annexation Impact Reports have been delivered to all taxing entities as required by Colorado Revised Statutes. ALTERNATIVES: Deny the Resolution. RECOMMENDATION: Approval of the Resolution. Attachments: Evraz Annexation, No. 1 Annexation Plat RESOLUTION NO. 14075 A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION FOR THE AREA COMMONLY KNOWN AS EVRAZ NO. 1 DESCRIBED AS 8.84 ACRES OF LAND EAST OF I-25 AND AT THE TERMINUS OF INDIANA AVENUE WHEREAS, the Pueblo City Council commenced on August 27, 2018 and concluded a public hearing on August 27, 2018, for the purpose of determining and finding whether or not the area proposed to be annexed and described in Resolution No. 14038 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 Michael Leland Cuppy under the date of October 25, 2018; 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. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Resolution to implement the policies and procedures described herein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED November 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK