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HomeMy WebLinkAbout14259RESOLUTION NO. 14259 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS EVRAZ ANNEXATION NO. 3 AND DESCRIBED AS LAND LOCATED WEST OF CANAL STREET AND SOUTHEAST OF THE EVRAZ ANNEXATION 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 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; 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; 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 636.00 feet; thence N. 88º54’21” E., a distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S. 88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet; thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of 1,314.00 feet to the Point of Beginning and the present City limits line; thence S. 01º05’39” E., a distance of 397.00 feet; thence S. 88º54’21” W., a distance of 239.32 feet to the present City limits line; thence N. 29º59’20” E., continuing along said City Limits line, a distance of 463.56 feet to the Point of Beginning. Containing 1.09 acres, more or less. 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the Southeast corner of said Block 39; 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; 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 636.00 feet; thence N. 88º54’21” E., a distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S. 88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet; thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of 1,314.00 feet to the Point of Beginning and the present City limits line; thence S.01º05’39” E., a distance of 397.00 feet; thence S. 88º54’21” W., a distance of 239.32 feet to the present City limits line. 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, September 23, 2019, 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 12, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-8 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: August 12, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, 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. 3 AND DESCRIBED AS LAND LOCATED WEST OF CANAL STREET AND SOUTHEAST OF THE EVRAZ ANNEXATION 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 1.09-acre area commonly known as Evraz Annexation No. 3 located west of Canal Street and southeast of the Evraz Annexation is valid under the provisions of Colorado Revised Statutes Section 31-12-107 (1), setting the date of September 23, 2019 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: Evraz Annexations No. 1 and 2 were previously approved by Ordinance No. 9362 and Ordinance No. 9363, respectively, on November 12, 2018. BACKGROUND: CF&I Steel, LP is requesting to annex a 1.09-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 that was previously annexed by the City on November 12, 2018. 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 September 23, 2019 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 September 9, 2019 City Council meeting. 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 Annexations 3, 4 and 5 Aerial Map EXIT 96 Evraz Annexations A - 19 - 07 A - 19 - 08 A - 19 - 09 Legend EXISTING CITY LIMITS Evarz Annexations EVRAZ ANNEX NO 3 EVRAZ ANNEX NO 4 EVRAZ ANNEX NO 5 Feet 05001,000 Copyright nearmap 2015