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HomeMy WebLinkAbout05404 r ORDINANCE NO. 5404 AN ORDINANCE ANNEXING THE TERRITORY COMMONLY KNOWN AND DESCRIBED AS UNIVERSITY VILLAGE LYING EAST OF TROY AVENUE EXTENDED AND NORTH OF COLORADO STATE HIGHWAY NO. 47 WHEREAS, the City Planning and Zoning Commission has recommended that the territory described in Section 2 hereof be annexed to the City of Pueblo with conditions; and WHEREAS, the City Council has heretofore found and determined the petition for annexation of the territory described in Section 2 hereof to be in substan- tial compliance with the notice and other provisions of the Municipal Annexation Act of 1965 , as amended, and Section 31-13-104, 105 and 107 (1) , C.R.S. 1973, (as amended) : BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The City Council hereby finds and determines that the territory proposed to be annexed and which is described in Section 2 of this Ordinance is eligible for annexation because: (1) The territory has not less than 1/6 of its perimeter contiguous with existing city limits; and (2) A community of interest exists between the territory proposed to be annexed and the annexing municipality; and (3) The territory proposed to be annexed will be urbanized in the near future; and (4) The territory proposed to be annexed is capable of being integrated with the City of Pueblo; and (5) The boundaries of the territory proposed to be annexed do not divide into separate tracts or parcels any land held in identical ownerships without the written consent of the owners thereof; and INTRODUCED May 11 , 1987 By KENNETH HUNTER Co ilman APPROVED 44 I / Pre sent of the Council ATTEST: ./ J. AO • it.d Ci'y ' lark 5/5/37 -3- /0 ; 1y,4- pi _ JUL 2 4 1987 BOOR 2358 PACF1 5 NO.839900 RECORDED PUEBLO COUNTY, COLORJDO ANNEXATION AGREEMENT CASE NO. A-87-1 This Agreement entered into the 11th day of May, 1987, by and between the City of Pueblo, a Municipal Corporation (herein "City"), and David R. Sellon & Company, a Colorado Corporation (herein "Petitioner"), WITNESSETH WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, Colorado, and described as follows: Section 16, Township 20 South, Range 64 West of the 6th P.M. , EXCEPT the NW 1/4 of the SW 1/4 of the NE 1/4, the SW 1/4 of the SW 1/4 of the NE 1/4 and the NE 1/4 of the SW 1/4 of the NE 1/4 thereof. Containing 610 acres, more or less (herein "Property"); WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to the City; and WHEREAS, the City is willing to annex Petitioner's Property upon and subject to the terms and conditions hereinafter set forth and in compliance with the annexation laws of the State of Colorado; NOW THEREFORE, in consideration of the foregoing and convenants and conditions set forth herein, the City and Petitioner agree as follows: I. MASTER PLAN The Petitioner agrees to prepare and submit to the Planning and Zoning Commission for adoption a master plan of the Property. Prior to the submittal of any zoning or subdivision application for any of the Property, other than a request to rezone the entire Property to Single-Family Residential District, R-2 Zone, the Master Plan for all of the Property shall be submitted and - 1 - BOOR 2358 PATE 176 approved in its entirety by the Planning and Zoning Commission. The Master Plan will comply with the policies of the Pueblo Regional Comprehensive Development Plan, presently existing and as same may hereafter be amended, will be designed to address the wide range of planning and development issues involved in the proposed annexation, and will have the flexibility to adapt to changing conditions over the twenty-year time period estimate for the development of the Property. The Master Plan shall consist of the (1) Development Plan, (2) Drainage Plan, (3) Sanitary Sewer Plan, and (4) Transportation Plan as outlined below. (1) Development Plan The Development Plan shall be prepared by the Petitioner in consultation with the City's Subdivision Review Committee and Department of Planning and Development in accordance with the requirements of Section 12-4-6(A) of the 1971 Code of Ordinances of the City of Pueblo and as same may be subsequently amended. A development phasing plan shall also accompany the Development Plan which will establish the anticipated phasing of the development of the Property. (2) Drainage Plan The Drainage Plan shall be prepared by the Petitioner in accordance with the Pueblo Storm Drainage Criteria Manual (MANUAL) then in effect and be certified by a Professional Engineer competent in the field of surface water drainage engineering and registered in the State of Colorado. The Drainage Plan shall address surface water drainage within the Property and onto the Property from other areas, as well as the effects of the development of the - 2 - B00N2358 FAGE177 Property upon downstream properties and drainage facilities. Associated impacts identified in the Drainage Plan will be mitigated through surface water drainage improvements financed by the Petitioner. The Drainage Plan shall include a schedule of such improvements. It is not the intent of the City to require Petitioner to install downstream surface water drainage improvements in addition to those required or identified as associated impacts in the Drainage Plan. Storm water detention facilities, designed and constructed in accordance with the MANUAL, may be used to mitigate the increased runoff due to development. (3) Sanitary Sewer Plan A Sanitary Sewer Plan shall be prepared by the Petitioner in accordance with the standards specified by the City Engineer (See Exhibit "A") and shall be supported by studies and reports prepared by Professional Engineers competent in the field of sanitary sewer engineering and registered in the State of Colorado. The Sanitary Sewer Plan shall address the needs of the entire gravity-fed basin (sewer drainage basin), which sewer drainage basin shall be approved by the Director of Public Works. Associated impacts identified in the Sanitary Sewer Plan will be mitigated through sanitary sewer improvements financed by the Petitioner. The Sanitary Sewer Plan shall provide a schedule of such improvements. If sanitary sewers are oversized in the Master Plan area to serve future development outside the Master Plan area but within the sewer drainage basin, a Sewer Participation Cost Recovery Agreement will be entered into between the Petitioner and the City so that the Petitioner may be reimbursed for the oversize cost plus interest by the benefitted property owner when any - 3 - BON 2358 PAGF1`78 part of the benefitted property within an approved subdivision is connected, directly or indirectly, to such oversized sewers located within the Master Plan area. If the Petitioner constructs sewers downstream from the Master Plan area which will serve future development outside the Master Plan area but within the sewer drainage basin, the Sewer Participation Cost Recovery Agreement shall include provisions so that the Petitioner may be reimbursed for a pro-rata share of the costs of construction of such downstream sewers, plus interest, as the Director of Public Works shall determine to be just and equitable, by the benefitted property owner when any part of the benefitted property is connected, directly or indirectly, to such sewers. The Sewer Participation Cost Recovery Agreement shall be in conformity with the City's then existing ordinances and shall be approved by City Council. (4) Transportation Plan A Transportation Plan shall be prepared by the Petitioner in accordance with the criteria and general outline specified by the City Traffic Engineer (See Exhibit "B") and shall be supported by studies and reports prepared by Professional Engineers competent in the field of transportation and registered in the State of Colorado. Development impacts to the existing and proposed roadway system identified in this study will be mitigated through traffic improvements financed by the Petitioner, except at the intersection of Baculite Mesa Road and William White Boulevard (such as but not limited to traffic signals, signal interconnect conduit and wire, deceleration/ acceleration lanes, and median islands). The Transportation Plan shall provide a schedule of such improvements. - 4 - BOON2358 F4tE179 II. ZONING AND SUBDIVISION The Property shall be zoned and subdivided in conformity with the approved Master Plan pursuant to the requirements of Titles 12 and 17 of the 1971 Code of Ordinances of the City of Pueblo, and as same may be subsequently amended. The entire Property shall be annexed to the City as Agricultural 1 Zone District. Nothing in the criteria contained herein exempts any party from abiding by the 1971 Code of Ordinances pertaining to minimum standards for subdivi- sions presently existing and as same may hereafter be amended. III. PUBLIC FACILITIES The Petitioner shall dedicate land and right-of-way for public uses and facilities required by the City including, but not limited to, sanitary and storm sewers, utilities, drainage ways, roadways, trail systems, and parks. The Petitioner at his expense shall construct and install all on-site and off-site improvements required by the City including, but not limited to, streets, curbs and gutters, sidewalks, trail systems, bridges, traffic control devices, sanitary sewers, storm sewers, drainage channel improvements and facilities, but excluding public buildings such as fire stations. IV. UTILITIES The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers) , Public Service Company (gas), Centel Company (electric), Pueblo TV and Power (cablevision), and Pueblo Board of Water Works (water) requirements for the installation of mains, lines, stations, and any other appurtenant utility facilities. - 5 - BO0H235S pArr1 SO V. COMPLIANCE WITH ORDINANCES The development of the Property will be subject to and constructed in conformity with all applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter enacted or amended. VI. ASSIGNS The convenants, restrictions, and agreements herein set forth shall run with the Property and shall extend to and be binding upon the Petitioner and its successors and assigns. The Petitioner expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by execution of this agreement and the petition for annexation. VII. AMENDMENTS Amendments to this Agreement may only be made through formal petition to and approval by the City Council. The City Departments will review when applicable any proposed amendment and submit their findings and recommendation to the City Council. VIII. SEVERABILITY If any section, clause, or other provision of this Agreement for any reason is invalid or unenforceable, the invalidity or unenforceability of such section, clause, or other provision shall not affect any of the remaining provisions of this Agreement. - 6 - BOOK 2358 PAGES 81 IX. VESTED RIGHTS The Petitioner acknowledges and agrees that neither this Agreement nor any provision hereof, nor the annexation of the Property, either separately or jointly, (i) creates or establishes a vested property right in or for the benefit of the Petitioner or the Property; or (ii) constitutes a site-specific development plan, as those terms are defined in Senate Bill No. 60 pending before the First Regular Session of the Fifty-Sixth General Assembly of the State of Colorado. The Petitioner for itself and for its successors and assigns waives all rights and remedies, if any, it has or may have under said Senate Bill No. 60 as same is finally passed and enacted and hereby consents to all zoning and land use actions involving or affecting the Property taken or to be taken in the future by the City, provided that such action be in general conformity with the terms and provisions of this Agreement and City's Ordinances and Resolutions in effect at the time such action is taken. X. EASEMENT The Petitioner hereby grants and conveys to the City for the use and benefit of the public an airspace right-of-way and easement in the airspace above the surface of the Property. The easement and right-of-way shall include the right to cause in the airspace above the surface of the Property such noise, vibrations, fumes, dust, fuel particles, and all other effects caused by the operation of aircraft landing at, or taking off from, or operating at or on the Pueblo Memorial Airport, Pueblo County, Colorado. The Petitioner, for itself and for its successors and assigns, does hereby waive, remise, and release any right or cause of action which Petitioner may now have - 7 - BOOR2358 PAGE182 or which it may have in the future against the City of Pueblo, and its successors and assigns, due to such noise, vibrations, fumes, dust, fuel particles, and all other effects that may be caused or may have been caused by the operation of aircraft landing at, or taking off from, or operating at or on said Pueblo Memorial Airport, Pueblo County, Colorado. Executed at Pueblo, Colorado, the day and year first written above. ,: Z p q'' 7 C �. to 1r Dav' . Sello & Company C : f- - „:// /i :130 • ,Z' +'i7 Attest: j4‘ //� �i/tel,j By. 4"r .....,1 Secretary President .: o, c.,° l,'(� (` A °'o Pueblo, a M • r ipal Corporation fr''''' \\\/ "Y )4 / / / 0 I // �,�4dt/ jBy: AO %�� ." ,• , .," } city Clem ' -sident of the City Council • --`fix Ltz . •,, 1..t2IR v*d.•,As To Form: f, ',, ,,....A . ;;:.:- , C' Attorney State of Colorado County of Pueblo 94,...14, The foregoing instrument was acknowledged before me this 01 day of 987, by Michael A. Occhiato as President of City Council and Marian D. Mead a�(C4ty Clerk of Pueblo, a Municipal Corporation. n '- 4 ..4f h ! '"i m i iitagss my hand and official seal r!. ... .My?commission expires // 45- (k7 . VP� /7'C6te- V-7A-et .x__.. Notary Public - 8 - BOOH2358 FArF183 State of Colorado County of El Paso AtThe foregoing instrument was acknowledged before me this `� day of a.:May, 1987, by David R. Sellon as President and (016w1 L.folLinv ► as Secretary of David R. Sellon and Company, a Colorado Corporation. Witness my hand and official seal ,0,00,4 t'"" -.. • tt 4,0 4My Commission expires �-�a/-0 ' . Notary :u1 ` : ,: 0 - 9 - BOON2358 PacFi84 EXHIBIT "A" SANITARY SEWER PLAN CRITERIA The criteria set forth in the following is intended to provide guidelines for the Planning and Design of sanitary sewers. These guidelines shall include planning criteria, minimum or maximum controls of sewer design, and construction. However, in unusual circumstances or where special conditions dictate, certain deviations from the standard criteria may be directed or approved by the Director of Public Works. All improvements to the sanitary sewer system shall be planned and designed to provide adequate service as specified by the following: 1. Planning Criteria for Sanitary Sewers A. Acreages for separate land uses; (such as single-family, multifamily, commercial, and industrial) shall be established based upon the Development Plan. B. Sanitary sewer impact shall be computed for the entire sewer drainage basin including the proposed development. Mains shall be designed to adequately accommodate the area as per criteria contained herein. - A-1 - BOOK 2358 BUT 11 8 5 C. If any flow from the development is accepted into the existing sanitary sewerage system, an analysis of the existing sanitary sewerage system shall be prepared addressing the impact of the additional flows, including but not limited to: (1) Identification of hydraulic deficiencies in the system created by the development. (2) Proposed corrections, improvements, or upgrading to relieve existing impacted system. (3) Financing and scheduling of corrections, improvements, or upgrading to relieve existing system. 2. Design Criteria for Sanitary Sewers A. Design shall be in accordance with the minimum design standards and specifications for subdivisions of the City of Pueblo, Colorado. B. Sewer lines shall be designed to flow less than full. Lines fifteen inches (15") and less shall have a design capacity of 50% of the pipe depth. Lines eighteen inches (18") and larger shall have a design capacity of 75% of the pipe depth. - A-2 - BOOR2358 PAGFf86 C. Flow Factors--Peak - Single-Family Residential --0.0042 cfs per acre - Multiple-Family Residential --0.0009 cfs per unit - Commercial --0.0040 cfs per acre - Industrial --0.0051 cfs per acre - High Water Consuming Industries --Special Study Required - Institutional Use —Special Study Required - Areas Outside the Development Plan --0.0044 cfs per acre D. Identify and design for areas with a high potential for groundwater infiltration. Maximum allowable infiltration/inflow (I/I) shall be in accordance with Article 13, Specifications for Sanitary Sewers. - A-3 - BON 2358 PA1F187 EXHIBIT "B" TRANSPORTATION PLAN REQUIREMENTS The following criteria set forth the general outline for the Transportation Plan. A. (1) Description of Study Area Boundaries The study area boundary shall include the shaded area and intersections shown on the attached map. (2) Existing and proposed land uses. Proposed land uses shall be based upon the Development Plan. (3) Existing and proposed study boundary area uses. Proposed uses for land areas which are outside the Development Plan, but within the study area boundaries, shall be based on existing zoning. (4) Existing and proposed roadways and intersections. B. Study Area Trips Generation C. Study Area Trips Distribution D. Study Area Trip Assignment - B-1 - Book2358 PAGE188 E. Study Area Existing Condition and Proposed Traffic Volumes (1) Peak hours study area traffic volumes at build-out. Build-out is assumed to be the Year 2010. (2) Peak hours study area through traffic volumes at build-out. F. Critical Lane Capacity Analysis (Study Area) (1) Volume/Capacity analysis at Critical Intersections for peak hours for existing condition. (2) Volume/Capacity Analysis at Critical Intersections for peak hour for study area at build-out. G. Traffic Signal Progression (1) Determination of traffic signal location (using criteria from Manual on Uniform Traffic Control Devices) and corresponding two-way traffic signal progression pattern. H. Traffic Accident (1) The traffic consultant will review the number and type of accidents occurring at study area intersections. This information will be provided by the City. The consultant will recommend roadway improvements based on generally accepted safe design practices. - B-2 - BOOH2358 PAGE 189 I. Recommendations (1) Proposed recommended improvements. The Transportation Plan shall identify the project construction phases at which time specific street improvements and traffic controls shall be required. (2) Major arterial streets--Troy Avenue, Eagleridge (47th Street), and Baculite Mesa--shall be constructed to major arterial standards (5 lanes with median). Construction may be phased at the discretion of the City. Alamosa Road shall be constructed to arterial standards (4 lanes with two-way left turn lanes) . J. Revised Critical Lane Capacity Analysis (1) Recommended improvement plan revised Volume/Capacity analysis at Critical Intersections for peak hour for study area at build-out. K. Study Criteria (1) Trip generation are to be from Institute of Transportation Engineers Trip Generation Guide (latest edition) . (2) Critical Lane Capacity Analysis to be determined using the 1985 Highway Capacity Manual (Special Report 209) , as amended. (3) Level of Service of "C" as defined in the Highway Capacity Manual shall be the goal for street design. It is recognized, however, that Level of Service "D", for some traffic movements, is generally acceptable for short periods during the peak traffic hours. 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I a • iminpliu NI - Imo/ .� = " ° sr eirr ._ ,14111ffiffBLZ , .m.ivi . 4k, ,, , _...,„„... _ : _ _ i IIIIIIIIIMIIIII SI r ..116M. 11 i E % ...: "`° *This map is for planning purposes only — It does not commit the City or . \ kola the developer to any exact roadway alignment or intersections shown A IT r � -.p.RI •Mall I:I .. �• roc• .••f. •° 1 r•ouo�,., o• s .. Wit,