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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