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HomeMy WebLinkAbout14481RESOLUTION NO. 14481 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 693.1 ACRE AREA COMMONLY KNOWN AS THE WL ANNEXATION DESCRIBED AS NORTH OF US HIGHWAY 50 WEST, SOUTH OF PLATTEVILLE BLVD, AND GENERALLY EAST OF WILDHORSE CREEK IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) AND 31-12- 107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, 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 (“Petition”) 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. §31-12-104(1)(a) and §31-12-107 (1): 1. AREA TO BE ANNEXED All of Wiley and Chamberlain's Pueblo Gardens Subdivision. Pueblo Colorado AND Block 2, Tract 256, Pueblo West AND Section 2: W1/2 of the SW ¼ Section 3: NE ¼ except that portion included in Pueblo West, Tract 256 and the SE ¼ Section 10: E1/2 of the NW ¼, NE1/4, E1/2 of the E1/2 of the SW1/4, and the SE1/4 except that portion included in Crestview Hills, Filing No. 2. Section 11: W1/2 of the NW¼ all being in Township 20 South, Range 64 West of the 6th P.M. Total Annexation boundary 802.4 acres, more or less EXCEPTING THEREFROM: All of Lots 4 and 5 and Lots 7 and 8 both inclusive, Block 1 and all of Niles Avenue and Scott Street adjacent thereto; AND All of Lot 10, Block 3; AND All of Lots 2 and 3 and Lots 4 and 5 both inclusive, Block 4 and all of Niles Avenue and Scott Street adjacent thereto; AND All of Lot 5, Block 5; AND All of Lots 1 and 2 and Lots 14 thru 16 all inclusive, Block 6 and all of Morris Avenue and Hale Avenue adjacent thereto; AND All of Lots 2 thru 4 and Lots 13 and 14 all inclusive, Block 7 and all of Hale Avenue and Wiley Avenue adjacent thereto; AND All of the Burlington Northern and Santa Fe Railroad right-of-way. Total exceptions 109.3 acres, more or less Total Annexation 693.1 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Beginning at the Southwest corner of Crestview Hills, Filing No. 2, said point being on the south line of Section 10, Township 20 South, Range 64 West of the 6th P.M. being a point on the Present City Limits line; thence Westerly along the South line of said Section 10 to a point on the Southwest corner of the E 1/2 of the E 1/2 of the SW ¼ Section 10; thence Northerly along the West line of the E 1/2 of the E 1/2 of the SW ¼ of said Section 10 to the South line of the NW 1/4 of said Section 10; thence Westerly along the Southerly line of the NW ¼ of said Section 10 to the Southwest corner of the E 1/2 of the NW ¼ of said Section 10; thence Northerly along the Westerly line of the E 1/2 of the NW ¼ of said Section 10 to a point on the Northerly line of said Section 10; thence Easterly along the Northerly line of said Section 10 to the Southwest corner of the SE ¼ of Section 3; thence Northerly along the Westerly line of the SE ¼ of said Section 3 to the Northwest corner of the SE ¼ of said Section 3; thence Easterly along the Northerly line of the SE ¼ of said Section 3 to the Southeast corner of Block 1 in Tract 256 in Pueblo West: thence Northerly along the Easterly line said Block 1 to the Northwest corner of Block 2 in Tract 256 in Pueblo West, said point also being on the south right-of-way line of Platteville Boulevard; thence Southeasterly along the Northerly line of said Block 2 and the south right-of-way line of Platteville Boulevard to the Easterly line of the NE ¼ of said Section 3; and the Present City Limits line and the Point of Terminus. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraph one (1) above, is now existing City Limits Line. SECTION 2. Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by Resolution whether the petition substantially complies with the applicable requirements of Section 31-12-107(1), C.R.S. and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with Sections 31-12-104 and 31-12-105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. 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: October 13, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: October 13, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 693.1 ACRE AREA COMMONLY KNOWN AS THE WL ANNEXATION DESCRIBED AS NORTH OF US HIGHWAY 50 WEST, SOUTH OF PLATTEVILLE BLVD, AND GENERALLY EAST OF WILDHORSE CREEK IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) AND 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION SUMMARY: The City Clerk received an annexation petition for a 693.1-acre area located north of US Highway 50 West, south of Platteville Blvd, and generally east of Wildhorse Creek. This Resolution will determine if the Petition for Annexation is valid under the provisions of Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1), tables final action on the petition for a period not more than 180 days, and refers the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The area is proposed to be annexed and developed for a mixture of medium-scale industrial, business park uses, retail uses and single-family/duplex density residential development. A series of railroad parcels, that are not a part of the annexation area, contains an existing mainline track of the Union Pacific Railroad. The railroad parcels intersect the area proposed to be annexed, although Colorado State Statutes allow for the area to be annexed to extend on both sides of the railroad parcels. Approximately 10 acres of the proposed area to be annexed is located within the boundaries of the Pueblo West Metropolitan District. This Resolution preliminarily determines that the Petition for Annexation is valid under the provisions of Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1), tables final action on the petition for a period not more than 180 days, and refers the petition to the Planning and Zoning Commission for review and recommendation. 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 Sections 31-12-104(1)(a) and 31-12-107(1) and does not result in any direct financial impact to the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: None at this point in the review process. STAKEHOLDER PROCESS: Copies of the Petition for Annexation will be sent by registered mail by the City Clerk to 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: None. RECOMMENDATION: The City Planning staff has reviewed the annexation petition for compliance with Sections 31-12- 104(1)(a) and 31-12-107(1) of the Colorado Revised Statutes and recommends that City Council preliminarily finds that the petition is valid according to Colorado Revised Statutes. Attachments: Annexation Petition Circulator’s Oath Annexation Plat