HomeMy WebLinkAbout14657RESOLUTION NO. 14657
A RESOLUTION PRELIMINARILY DETERMINING THAT
THE PETITION FOR THE ANNEXATION OF THE AREA
COMMONLY KNOWN AS THE PUEBLO SPRINGS
APARTMENTS ANNEXATION DESCRIBED AS 18.2 ACRES
ST
SOUTH OF WEST 31 STREET AND EAST OF NORTH
PUEBLO BOULEVARD IS VALID UNDER THE PROVISIONS
OF COLORADO REVISED STATUTES SECTION 31-12-107
(1), TABLING FINAL ACTION ON THE PETITION FOR A
PERIOD OF NOT MORE THAN 180 DAYS, AND
REFERRING THE PEITION 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 the South one-half of the Northwest one-quarter of the Northwest one-
th
quarter of Section 22, Township 20 South, Range 65 West of the 6 P,M. in
the County of Pueblo, State of Colorado, being more particularly described
as follows:
Commencing at Northwest corner of said Section 22, said point being on the
west line of Park West Business Campus, Filing No. 7, according to the
recorded plat thereof, as filed for record on March 16, 2012 at Reception No.
1901886 in the Pueblo County records and being on the east line of Colorado
State Highway No. 45 as presently located; thence S. 00°32’37” E. along
said the west line of said Section 22, the west line of said Park West
Business Campus, Filing No. 7 and the east line of said Colorado State
Highway No. 45, a distance of 706.76 feet to the Present City Limits line and
the Point of Beginning; thence N. 88°41’55” E. along the Present City Limits
line, a distance of 1,307.06 feet to the east line of the South one-half of the
Northwest one-quarter of the Northwest one-quarter of said Section 22;
thence S. 01°18’05” E. along said east line of the said South one-half, a
distance of 605.96 feet to the Southeast corner of the said South one-half;
thence S. 88°39’35” W. along the south line of the said South one-half, a
distance of 1,315.09 feet to the Southwest corner of said South one-half and
the east line of Colorado State Highway No. 45 as presently located; thence
N. 00°32’37” W. along the west line of said South one-half and said east line
of Colorado State Highway No. 45, a distance of 606.90 feet to the Present
City limits line and the Point of Beginning.
Containing 18.20 acres, more or less.
2. PROPOSED NEW CITY LIMITS LINE:
Commencing at Northwest corner of said Section 22, said point being on the
west line of Park West Business Campus, Filing No. 7, according to the
recorded plat thereof, as filed for record on March 16, 2012 at Reception No.
1901886 in the Pueblo County records and being on the east line of Colorado
State Highway No. 45 as presently located; thence S. 00°32’37” E. along
said the west line of said Section 22 , the west line of said Park West
Business Campus, Filing No. 7 and the east line of said Colorado State
Highway No. 45, a distance of 706.76 feet to the Present City Limits line and
the Point of Beginning; thence S. 00°32’37” E. along the west line of South
one-half of the Northwest one-quarter of the Northwest one-quarter of
th
Section 22, Township 20 South, Range 65 West of the 6 P,M and said east
line of Colorado State Highway No. 45, a distance of 606.90 feet to the
Southwest corner of said South one-half; thence N. 88°39’35” E. along the
south line of the said South one-half, a distance of 1,315.09 feet to the
Southeast corner of the said South one-half; thence N. 01°18’05” W. along
said east line of the said South one-half, a distance of 605.96 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.
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 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 July 12, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-4
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: July 12, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, 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 AREA COMMONLY KNOWN AS THE
PUEBLO SPRINGS APARTMENTS ANNEXATION DESCRIBED AS 18.2
ST
ACRES SOUTH OF WEST 31 STREET AND EAST OF NORTH PUEBLO
BOULEVARD IS VALID UNDER THE PROVISIONS OF COLORADO
REVISED STATUTES SECTION 31-12-107 (1), TABLING FINAL ACTION
ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND
REFERRING THE PEITION TO THE PLANNING AND ZONING
COMMISSION FOR REVIEW AND RECOMMENDATION
SUMMARY:
The City Clerk received an annexation petition for an 18.2-acre area located south of West
st
31 Street and east of North Pueblo Boulevard. This Resolution will determine if the
petition for annexation is valid under the provisions of the Colorado Revised Statutes
Section 31-12-107(1), tables final action on the petition for a period of 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 Pueblo Springs Apartments Annexation is an annexation of property totaling 18.2
st
acres located between south of West 31 Street and east of North Pueblo Boulevard. The
proposed annexation will facilitate the development of Multi-Family units, which is
consistent with the existing development and the B-3, Highway and Arterial Business
Districts; and R-5, Multiple-Residential Zone Districts located adjacent to the site. The
Resolution preliminarily determines that the petition for annexation is valid under the
provisions of the Colorado Revised Statutes 31-12-107(1). In accordance with the
procedure established in the Pueblo Municipal Code, the final action on the petition is
tabled for a period of not more than one hundred eight (180) days and the petition is
referred 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, 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
CITY OF PUEBLO
ANNEXATION LNFORMATION SHEET
Attached is a blank Petition for Annexation to be completed and filed with the City Clerk of
the City of Pueblo together with an original and twenty-four (24) prints of an annexation map
and satisfactory evidence of the names and addresses of all the owners of land within the area
proposed to be annexed. All petitioners must sign the Petition for Annexation within 180 days
before the date of filing with the City Clerk. Prior to filing with the City Clerk all documents
must be reviewed by the City's Director of Land Use.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: Pueblo Springs Apartments Annexation
Location and size in acres: Sections 22 ,Township 20 South,
Range 65 , West of the 6th P.M., County of Pueblo,Colorado,
18.2 acres.
100%of Owners I ; Less than 100%of owners 0
School District No. 60 ; Special District:
Annexation Agreement: The City requires the Petitioner to enter into an Annexation
Agreement prior to the effective date of the annexation. Such Agreement shall constitute
conditions of annexation as effectively as if set forth in the Petition For Annexation.
For Office Use Only: Date Reviewed by Director of Land Use
Date Petition Filed` Filing Fee$ Paid
Resolution Finding Substantial Compliance adopted
Date of Public Hearing ;Notice of Public Hearing Published:
, and
Copy of published Notice and Petition For Annexation sent by Registered Mail on
to Pueblo County Board of County Commissioners, Pueblo County
Attorney, School District _ _, Southeastern Water Conservancy District, Pueblo Library
District,Other and special district _
Upon receipt of this Annexation Information Sheet, Petition For Annexation, 24 prints of the
annexation map, and evidence of ownership, the City Clerk will forward copies of the
Annexation Information Sheet and Petition for Annexation together with the evidence of
ownership and 20 prints of the annexation map to the Director of Land Use and refer the Petition
For Annexation to the City Council as a communication.
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S. §31-12-107(1) the
undersigned landowners within the area proposed for annexation hereby petition the City
Council of the City of Pueblo for annexation to the City of Pueblo(herein "City") of the
following described unincorporated area located in the County of Pueblo, State of Colorado:
See Attached Exhibit A
As ground for this annexation,Petitioners state:
1. It is desirable and necessary that the area herein described be annexed to the City.
2. Not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous
with existing boundaries of the City.
3. This petition for annexation has been signed by persons comprising more that fifty
percent(50%)of the landowners in the area proposed to be annexed and owning more
than fifty percent(50%)of the area,excluding public street,alleys, and any land owned
by the City.
4. A community of interest exists between the area proposed to be annexed and the City.
5. The area proposed to be annexed is urban or will be urbanized in the near future.
6. The area proposed to be annexed is integrated with or is capable of being integrated with
the City.
7. No land held in identical ownership,whether consisting of one tract or parcel of real
estate or two or more contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels without the written consent of the landowners
thereof,unless such tracts or parcels are separated by a dedicated street,road or other
public way; or,
(b) comprises twenty(20)acres or more and which, together with the buildings and
improvements situated thereon has an assessed value in excess of$200,000.00 for ad
valorem tax purposes for the year preceding the annexation,is included within the
territory proposed to be annexed without the written consent of the landowner or
landowners.
8. The mailing address of each signer, the legal description of the Land owned by each
landowner and the date of signing of each signature are shown on this petition.
9. Attached to this petition is the affidavit of the circulator of this petition that each
signature hereon is the signature of the person whose name it purports to be.
10. Accompanying this petition are an original and twenty-four(24)prints of an annexation
map containing the following information:
(a) A written legal description of the boundaries of the area proposed to be annexed;
(b) A map showing the boundary of the area proposed to be annexed. (Such map shall
be prepared by and contain the seal of a Colorado registered engineer or land
surveyor);
(c) Within the annexation boundary map there is shown the location of each ownership
tract in unplatted land and, if part or all of the area is platted,the boundaries and the
plat numbers of plots or of lots and blocks;
(d) Next to the boundary of the area proposed to be annexed, a drawing of the
contiguous boundary of the City and the area proposed to be annexed with the
dimension of such boundary.
11. The area proposed to be annexed is not presently a part of any incorporated city or town.
12. No part of the area proposed to be annexed is more than three miles in any direction from
any point of the boundaries of the City as such was established more than one year before
this annexation will take place.
13. As condition of and in consideration of the City annexing the area proposed to he
annexed,Petitioners,for themselves and their heirs,personal representatives,successors
and assigns:
(a) Waive and release all previously acquired or existing vested property rights
attached to or established with respect to the arca proposed to be annexed and
acknowledge and agree that the annexation of the area proposed to be annexed is
not a site specific development plan and no vested property right shall attach to or
be established with respect to the area proposed to be annexed.
(b) Acknowledge and agree that upon the annexation of the area proposed to be
annexed and, subject to the provisions of the Annexation Agreement, the area shall
become subject to the Charter,ordinances,resolutions,rules and regulations of the
City,but that the City shall have no obligation to furnish or extend municipal
services; including,but not limited to sanitary sewer services,to the area proposed
to be annexed.
(c) "Vested property right"and "site specific development plan"shall have the same
meaning as set forth in Chapter 12 of Title XVII of the 1971 Code of Ordinances of
the City and Article 60,Title 24,C.R.S.
14. Petitioners consent and agree to the following conditions:
(a) Petitioners and the City shall enter into an Annexation Agreement prior to the
effective date of this annexation.
(b)
(c)
(d)
(e)
WHEREFORE,Petitioners request that the City Council of Pueblo approve the annexation of the
above described area to the City of Pueblo(all Petitioners must sign this Petition within 180 days
prior to the date of filing with the City Clerk.
MAILING LEGAL DATE OF
SIGNATURE ADDRESS DESCRIPTION SIGNING
Pueblo Springs Apartments, LLC S 1/2,NW 1, NW 1, Tu $ <
n'N V.ek 5671 N. Oracle Road, Suite 1102 Sec. 22,T20S,R65W
Tucson AZ. 85704
CIRCULATOR'S OATH
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The undersigned of lawful age being first duly sworn upon oath deposes and states that 1
circulated the foregoing Petition For Annexation and that each signature therein is the signature
of the person whose name it purports to be.
1` i/
Circula s rs Signa ,
Subscribed and affirmed, or sworn to, before me in the County of Pueblo, State of
Colorado,this )/„,44" day of ,,...le ,20 21,
By Michael Leland Cuppy
Witness my hand and official seal.
My commission expires: Ru .0 ST 2S, 1621 .
(SEAL) fir ��le'+A��t..�.wz----
Notary Publ. or official title)
DANIEL J.ACKERMAN
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20174035108
COMMISSION EXPIRES AUG.25,2021