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City Clerk’s Office Item # M-11
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
December 10, 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 & 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), 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), and referring the petition to the
Planning and Zoning Commission for review and recommendation.
PREVIOUS COUNCIL ACTION:
A petition for the MVD Annexation was previously submitted on July 7, 2015 and the
annexation petitions expired after a one-year period without final action by City Council.
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). The resolution also refers the petition to the Planning and Zoning Commission
for review and recommendation. 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 taxing entities as required by Colorado
Revised Statutes.
ALTERNATIVES:
None.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Annexation Petition, Circulator’s Oath, Annexation Plat
RESOLUTION NO. 14115
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), 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:
8. thence N. 89°47'02" E., a distance of 2978.63 feet;
9. 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:
10. 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;
11. thence S. 56°21'01" E., a distance of 599.31 feet;
12. thence along the arc of a curve to the right whose radius is 460.00 feet, a
distance of 892.06 feet;
13. thence S. 54°45'38" W., a distance of 814.28 feet;
14. 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.
The Petition is hereby referred to the Planning and Zoning Commission for review
and recommendation.
SECTION 3.
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 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED December 10, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING DEPUTY CITY CLERK