HomeMy WebLinkAbout14739RESOLUTION NO. 14739
A RESOLUTION APPROVING AN AMENDMENT TO THE
RESTATED ANNEXATION AGREEMENT FOR THE AREA
COMMONLY KNOWN AS THE NORTH VISTA
ANNEXATION DESCRIBED AS LAND NORTH OF VISION
HILLS PARKWAY AND WEST OF TROY AVENUE, AS
APPROVED BY RESOLUTION NO. 13916
WHEREAS, pursuant to Resolution No. 13916 of the Pueblo City Council a
Restated Annexation Agreement dated March 12, 2018, and recorded with the Pueblo
County Clerk and Recorder on March 29, 2018, at Reception No. 2100918 (“Annexation
Agreement”) was entered into by and between the City of Pueblo, a Colorado Municipal
Corporation, (the “City”), and BLH Properties, LLC, a Colorado Limited Liability Company,
Pete Urenda a/k/a Albert Pete Urenda, and Home Town Finance Co., a/k/a The
Hometown Finance Co., a Colorado Corporation, collectively referred to as “Petitioners”
as owners of the real property described of the Annexation Agreement; and,
WHEREAS, Pueblo Heights LLC, a Colorado Limited Liability Company (“Pueblo
Heights”) consented to and approved the Annexation Agreement and is the successor-
in-title to Petitioners’ interest in the Property which remains subject to the Annexation
Agreement; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amendment to the Restated Annexation Agreement, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby
approved.
SECTION 2.
The Mayor is hereby authorized to execute said Amendment to the North Vista
Restated Annexation Agreement on behalf of Pueblo, a Colorado Municipal Corporation,
and the City Clerk shall affix the seal of the City thereto and attest to the same.
SECTION 3.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of the Resolution to effectuate the policies and procedures
described herein.
SECTION 4.
This Resolution shall become effective immediately upon Petitioner executing an
agreement approving the amendment to the Restated Annexation Agreement set forth in
Section 1 and ratifying and confirming the Amendment to the Annexation Agreement
which will thereafter be recorded by the City Clerk in the records of the Pueblo County
Clerk and Recorder.
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 25, 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 APPROVING AN AMENDMENT TO THE RESTATED
ANNEXATION AGREEMENT FOR THE AREA COMMONLY KNOWN AS
THE NORTH VISTA ANNEXATION DESCRIBED AS LAND NORTH OF
VISION HILLS PARKWAY AND WEST OF TROY AVENUE, AS
APPROVED BY RESOLUTION NO. 13916
SUMMARY:
The Resolution approves an amendment to the Restated North Vista Annexation
Agreement that was adopted by Resolution No. 13916 on March 12, 2018. The proposed
amendments pertain to a reduction in the number of building permits issued prior to the
Petitioner’s completion of certain wastewater improvements, increasing the
Transportation Impact Fee collected by the City on each residential building permit, and
amending the off-site transportation improvements required to be constructed by the
Petitioner and the transportation improvements that will be constructed by the City
through the funds received from Transportation Impact Fee.
PREVIOUS COUNCIL ACTION:
On April 13, 2009, by Ordinance No. 7996, City Council approved an annexation and an
annexation agreement for the North Vista area containing 1172.09 acres.
On March 12, 2018, by Resolution No. 13916, City Council approved a Restated
Annexation Agreement for the North Vista Annexation.
BACKGROUND:
This Resolution approves an amendment to the Restated Annexation Agreement
(“Agreement”) between the City of Pueblo, a municipal corporation and Pueblo Heights
LLC, a Colorado Limited Liability Company (“Pueblo Heights”) related to the North Vista
Annexation. The amended agreement provides for the following changes:
1. The ownership of the property has transferred from BLH Properties, LLC, a
Colorado Limited Liability Company, Pete Urenda a/k/a Albert Pete Urenda and
Hometown Finance Co., a/k/a The Hometown Finance Co., a Colorado
Corporation to Pueblo Heights LLC, a Colorado limited liability company following
the date of approval of the Restated Annexation Agreement was approved in 2018.
Pueblo Heights consented to and approved the Annexation Agreement and is the
successor-in-title to Petitioners’ interest in the Property which remains subject to
the Annexation Agreement.
2. Off-site sanitary sewer mains will not be required to be constructed for the three
hundred (300) lots that can be serviced by the existing City wastewater system.
The current Restated Agreement allows for up to 750 lots which is more residential
homes than the existing City wastewater system can support.
3. Article II, Section 4 – Transportation Plan is amended to identify that the traffic
improvements funded by one or more traffic impact fees will be constructed and
installed by both the Petitioner and/or the City as identified in Exhibit C of the
agreement.
4. Article IV – Public Facilities is amended to limit the Petitioner’s expense for
construction and installation of certain off-site improvements to those off-site
improvements that are specifically identified in Exhibit C of the agreement.
5. Exhibit C-1, Section 1 – Trails and Section 2 c. – Parks are amended to allow for a
metropolitan district to design, construct, and maintain trails and parks less than ten
(10) acres throughout the Property instead of a homeowner’s association. The
homeowner’s association responsibilities have been transferred to the North Vista
Metropolitan Districts 1-5.
6. Exhibit C-1, Section 2 b. – Parks is amended to allow for Developed Park Sites of
10 acres or more that are not accepted (or until they are accepted) by the City to be
owned and maintained by the North Vista Metropolitan Districts 1-5.
7. Exhibit C-1, Section 5 – Construction of Offsite Sanitary Sewer is amended to
reduce the number lots that can be developed and serviced by the existing City
wastewater system to 300 lots instead of the 750 lots which is currently allowed in
the current Restated Agreement. The 750 lots are more residential homes than the
existing City wastewater system can support.
8. Exhibit C-1, Section 6 – Construction of Road Improvements.
The current Restated Annexation Agreement requires the Petitioner to design and
construct the following off-site improvements:
a. Jerry Murphy Road from Vision Hills Parkway to Future Home of Heroes
Parkway.
b. Home of Heroes Parkway west of their property including any utilities,
acceleration and deceleration lanes, bridges and intersection improvements.
This includes the Petitioner’s acquisition of right-of-way for a bridge connecting
over Fountain Creek and the railroad to Dillon Drive following is issuance of the
th
850 residential building permit. In addition, a two-lane bridge structure is
th
required to be constructed following the issuance of the 1,500 residential
building permit. The estimated cost provided by the Petitioner’s transportation
engineers for the design and construction of this bridge is $50 million dollars,
which the Petitioner does not have the financial capacity to construct solely
through the proceeds from this development.
The proposed amendment to the Restated Annexation Agreement limits the only
off-site roadway improve that is designed and constructed by the Petitioner to the
roadway improvements of Jerry Murphy Road from Vision Hills Parkway to Future
Home of Heroes Parkway.
The Amended Restated Agreement includes a single Transportation Impact Fee
(TIF) in the amount of $6,500 for each dwelling unit that is collected at the issuance
of a building permit. The TIF fee will be adjusted annually starting in the 2023
calendar year based on most recent Construction Cost Index published by the
st
Colorado Department of Transportation. The 1 quarter 2022 cost index data will
serve as the baseline for future TIF fee adjustments. Currently the Restated
Annexation Agreement has two different impact fees ($4,500 and $1,000) in differing
amounts ($4,500 and $1,000) that will be combined into one impact fee.
The amended agreement stipulates the TIF funds shall be used for the design and
construction of roadway and bridge improvements including, but not limited to,
roadway and bridge structure, paving, traffic signals, signal interconnect, conduit
and flyer, deceleration/ acceleration lanes, curb and gutter, stormwater collection
and detention facilities designed as part of a roadway project, median islands,
transportation signage, sidewalks, ADA access ramps, bike and pedestrian trails
constructed within a transportation project right-of-way.
TIF funds are not eligible to be expended or reimbursed for the installation of the
public utility lines such as water, wastewater, electric, natural gas, television cable,
or other electronic transmission lines, and other non-transportation improvement
related expenses.
9. The Amended Restated Agreement is not changed pertaining to the Petitioner’s
requirement construct all road improvements within the Property as described in the
PUD Development Plan.
FINANCIAL IMPLICATIONS:
The City will establish a single Transportation Impact Fee escrow account for the
acceptance of impact fees in the amount of $6,500 for each dwelling unit that is collected
at the issuance of all residential dwelling unit building permits. These funds will be utilized,
at the sole discretion of the City, for the design and construction of other off-site roadway
and bridge improvements to serve the Property not otherwise identified as Petitioner’s
responsibility
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
A certified mailing has been delivered to all taxing entities as required by Colorado
Revised Statutes including the notice of the hearing, annexation petition, annexation plat,
and annexation impact report.
ALTERNATIVES:
If City Council does not approve this Resolution, the current annexation agreement will
remain in effect. The current annexation agreement does not provide for the phasing and
recuperation of public investment by the property owners in a manner that facilitates the
development of the property.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Proposed Resolution
Amended Restated Annexation Agreement
re: Resolution 14739
Reception 2250175
10/28/20210003.30.227
AMENDMENT TO
RESTATED ANNEXATION AGREEMENT
Recitals
A. Pursuant to Resolution of the Pueblo City Council as set forth in Ordinance No. 13916, a
Restated Annexation Agreement dated March 12, 2018, and recorded with the Pueblo
County Clerk and Recorder on March 29, 2018, at Reception No. 2100918 ("Annexation
Agreement") was entered into by and between the City of Pueblo, a municipal
corporation, (the "City"), and BLH Properties, LLC, a Colorado limited liability
company, Pete Urenda a/k/a Albert Pete Urenda, and Home Town Finance Co., a/k/a The
Hometown Finance Co., a Colorado corporation, collectively referred to as "Petitioners"
as owners of the real property described on Ex. A ("Property") of the Annexation
Agreement.
B. Pueblo Heights LLC, a Colorado limited liability company ("Pueblo Heights") consented
to and approved the Annexation Agreement and is the successor-in-title to Petitioners'
interest in the Property which remains subject to the Annexation Agreement.
C. In accordance with Article VIII, of the Annexation Agreement, the City and Pueblo
Heights desire to enter into an amendment to the Annexation Agreement pursuant to the
terms and conditions outlined herein ("Amendment").
Amendment
NOW THEREFORE, the City and Pueblo Heights agree that the Annexation Agreement is
amended as follows:
1. Article II, Section 1 regarding the Development Plan is deleted in its entirety and
replaced as follows:
1) Development Plan. The Development Plan shall be prepared in accordance with the
requirements of Sections 12-4-5(a)(2) and 12-4-6(a) of the Pueblo Municipal Code. A
development plan establishing the anticipated phasing of the development of the Property
shall be prepared as part of the Development Plan. Without the requirement of the
construction and/or development of off-site sanitary sewer mains, the Petitioner shall be
entitled to develop on the Property three hundred (300) lots within the areas crosshatched
on Exhibit D-1 attached hereto and made a part hereof to be within the presently
developed Wastewater Service Area on the Property, said Lots to be replatted in
accordance with Section 12 of the Pueblo Municipal Code. Petitioner will not be required
to construct any off-site sanitary sewer and/or water distribution mains with regard to
said Property, nor will it be required to construct any off-site roadways leading to said
development property, except as otherwise defined and described in Exhibit C.
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2. Article II, Section 4 regarding the Transportation Plan is deleted in its entirety and
replaced as follows:
4) Transportation Plan. The Transportation Plan shall be prepared in accordance with the
criteria and general outline specified by the City Traffic Engineer 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. Associated impacts on City's
existing and proposed traffic and roadway systems shall be identified in the
Transportation Plan and studies, and those impacts which are reasonably attributable to
the development of the Property as determined by the City, in its sole discretion, shall be
mitigated through traffic improvements constructed and installed by and at the expense of
the Petitioner and/or the City funded by one or more traffic impact fees ( such as, but not
limited to, traffic signals, signal interconnect, conduit and flyer, deceleration/acceleration
lanes, and median islands). The Transportation Plan shall include a phasing plan or
schedule of such traffic improvements. If street improvements through the Property are
required to be constructed, the Petitioner will pay the entire cost of such improvements
and thereafter be eligible for such cost recovery as may be provided under section 12-4-
12 of the Pueblo Municipal Code or as same may hereafter be amended, but shall not be
eligible for any cost recovery from the City.
3. Article IV, regarding Public Facilities is deleted in its entirety and replaced as
follows:
IV. PUBLIC FACILITIES
The Petitioner shall dedicate land and right-of-way for public uses and facilities
necessary to serve the Property or required as a result of the development of the Property
as determined by the City, in its sole discretion, including, but not limited to, sanitary and
storm sewers, drainage ways and facilities, utilities, streets,roadways, trails, travel
systems and parks. The Petitioner at their expense shall construct and install all on-site
improvements, that are necessary to serve the Property or required as a result of the
development of the property as determined by the City, in its sole discretion, including,
but not limited to, streets, bridges, street lights, curbs and gutters, sidewalks, trails, traffic
control devices, sanitary sewers, storm sewers, drainage and channel improvements and
facilities. Petitioner at their expense shall only be required to construct and install certain
off-site improvements specifically identified in this Agreement. All such improvements
shall meet and comply with applicable City Ordinances in effect at the time of installation
of such improvements.
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4. Article XV, Section 1 (b) regarding the address for Notice to Petitioners is deleted in
its entirety and replaced as follows:
(b) if to Petitioner: Pueblo Heights LLC
3819 Broadview Place
Castle Rock, CO 80109
5. Exhibit C-1, Section 1 is deleted in its entirety and replaced as follows:
1. Trails. The Petitioner shall design and construct, and cause to be maintained, by
themselves or by means of a metropolitan district, trails throughout the Property
connecting, in accordance with an approved final subdivision plat, to existing trails
within the City of Pueblo, as described in the PUD Development Plan. Trails shall be
located in general in accordance with the PUD Development Plan,provided that the final
location and alignment within a subdivision shall be determined at the time of
subdivision review.
6. Exhibit C-1, Section 2(b) is deleted in its entirety and replaced as follows:
b. Developed Park Sites of ten (10) acres or more shall be conveyed by the Petitioner to
the City by warranty deed, if the City, in the exercise of its sole discretion, determines
that it will accept such Developed Park Site for maintenance and ownership prior to the
recording of any final subdivision plat for a development area or portion thereof which
contains such Developed Park Site. If the City determines not to accept such Developed
Park Site, as provided herein, then such Developed Park Site shall be owned and
maintained by the Petitioner or a metropolitan district.
7. Exhibit C-1, Section 2(c) is deleted in its entirety and replaced as follows:
c. The Developed Park Sites that are less than ten (10) acres shall be owned and
maintained by the Petitioner or a metropolitan district.
8. Exhibit C-1, Section 5 is deleted in its entirety and replaced as follows:
5. Construction of Offsite Sanitary Sewer. The Petitioner shall design and construct, at no
cost to the City, within one hundred eighty (180) days after the Three Hundredth(300th)
building permit is issued to construct any dwelling unit on the Property, an eighteen inch
(18") sanitary sewer main and all related facilities in Jerry Murphy Road from Candytuft
Boulevard to the south boundary of the Property. Petitioner must complete construction
of the sanitary sewer improvements according to design and construction standards
required by the City and the approved Sanitary Master Plan. Petitioner may apply for cost
recovery for the off-site sanitary sewer improvements described above, pursuant to
Section 16-5-5 of the Pueblo Municipal Code.
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9. Exhibit C-1, Section 6 is deleted in its entirety and replaced as follows:
6. Construction of Road Improvements.
a. Transportation Impact Fee to City for Design and Construction of Off-Site Roadway
and Bridge Improvements
(1) Petitioner and any subsequent owner of all or any part of the Property shall,
as a condition of the issuance of a building permit for the construction of any
one or more dwelling units within the Property, pay a Transportation Impact
Fee of Six Thousand Five Hundred Dollars ($6,500.00) for each dwelling
unit to be constructed within the Property ("TIF"). Beginning with the 2023
calendar year, the TIF amount shall be adjusted annually based on the most
recent Construction Cost Index published by the Colorado Department of
Transportation. The 1st quarter 2022 cost index data will serve as the baseline
for future TIF fee adjustments. The TIF shall be paid to the City at the time a
building permit is issued for each dwelling unit and shall be deposited in an
interest-bearing account identified as the "North Vista Transportation
Improvement Account."
Petitioner, for itself and its successors and assigns, including all subsequent
owners of land within the Property, stipulate and agree that there is an
essential nexus between the TIF and the City's legitimate interest in
providing for the off-site roadway improvements and that the TIF is roughly
proportional both in nature and extent to the impact of the proposed
development of the Property.
(2) TIF funds shall be used for the design and construction of roadway and
bridge improvements including,but not limited to,roadway and bridge
structure, paving, traffic signals, signal interconnect, conduit and flyer,
deceleration/acceleration lanes, curb and gutter, stormwater collection and
detention facilities designed as part of a roadway project, median islands,
transportation signage, sidewalks, ADA access ramps, bike and pedestrian
trails constructed within a transportation project right-of-way.
TIF funds are not eligible to be expended or reimbursed for the installation of
the public utility lines such as water, wastewater, electric, natural gas,
television cable, or other electronic transmission lines, and other non-
transportation improvement related expenses.
b. Petitioner Roadway Construction of Jerry Murphy Road from Vision Hills Parkway
to Future Home of Heroes Parkway completed by Petitioner
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(1) Within one hundred eighty (180) days after the seven hundred fifty-first
(751st) building permit is issued to construct any dwelling unit on the
Property, Petitioner shall be responsible to design and construct that portion of
Jerry Murphy Road between the intersection of Vision Hills Parkway and
Future Home of Heroes Parkway at no cost to the City, as a four lane, median
divided,principal arterial roadway section, including acceleration and
deceleration lanes, as shown on Exhibit C-2. The alignment, design, and
construction plan for the roadway improvements shall be approved in the sole
discretion of the Director of Public Works. If any portion of the improvements
required in this subparagraph are tributary to the drainage channel located
approximately five hundred (500) feet south of the south boundary line of the
Property (the "Box Culvert"), Petitioner shall be responsible to increase the
size and capacity of the Box Culvert as determined by the final storm drainage
study and then prepared at Petitioner's cost in accordance with the Storm
Drainage Design Criteria and Drainage Policies for the City, published June 9,
1997, or as same may later be amended (" MANUAL") and be certified by a
Professional Engineer competent in the field of surface water drainage
engineering and registered in the State of Colorado.
(2) If the roadway construction of Jerry Murphy Road from Vision Hills Parkway
to Future Home of Heroes Parkway is not completed within the 180-day
period, no additional building permits will be approved.
(3) The design and construction of Jerry Murphy Road identified in this Section
does not qualify to be paid for or reimbursed from the TIF funds.
(4) The City will utilize the TIF funds, at its sole discretion, for the design and
construction of other off-site roadway and bridge improvements to serve the
Property not otherwise identified as Petitioner's responsibility under this
subparagraph b.
c. Petitioner Construction of Roadway Improvements Within Property. Petitioner shall
construct all road improvements within the Property as described in the PUD
Development Plan.
10. No Other Amendments. Except as modified by this Amendment, the Restated
Annexation Agreement, remains in full force and effect.
11. Effective Date. This Amendment will become effective upon execution of both parties
and recording with the Pueblo County Clerk and Recorder.
[SIGNATURES BEGIN ON SUBSEQUENT PAGE]
2250175 10i28.'2e21. @337 27 PIS
THE CITY OF PUEBLO, Page: 6 of R 43.0@ le @. u T 43.@@
Gibler' Ortiz CJ.a_rklGe;.orde�. Pueblo i,ountvCo
a colorado municipal corporation
QUI�!r� !4� , ,�� , ' 6',
• <40.84.t.i.
By: 7( Date: a ez, .2•9 0242/
Mayor, Nicholas A. Gradisar
1 -r=
Attest: � ``
City k, Marisa Stoller
APPROVED AS TO FORM: 'i°
City Attorney/Asst. City Attorney'
State of Colorado )
) ss:
County of PuebtO )
I attest that the foregoing instrument was acknowledged before me this ),--1 day of
DpbY , 2021, by N icanolaS 6r dtvar as MC1ior
for the City of Pueblo.
Witness my hand mins fficial seal. ALYSSA PARGA
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID lo2_nez
Ci Iry Public MYcorir,,N NEXPhc N, Et LER5 20''t
My commission expires AlolVeWlber � .70o21/
2250175 10/28/2021 03:37:27 PM
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Gilbert Ortiz Clerk/Recorder pueblo County. Co
X111 tordrt h iii'li' i ,,M,V,1,611/4.11 H/1ii11,4, 1101
PUEBLO HEIGHTS LLC,
a Colorado limited liability company, by
Jevin Investments, Inc., its manager
By: �--�' Date: 1
Title: President
State of Colorado )
) ss.
County of RJ LG, )
11,
The foregoing instrument was acknowledged before me this /c day of oc_;(>l3e 2.; ZcZ/ by
David Resnick, President of Jevin Investments, Inc., as Manager of Pueblo Heights LLC.
Witness my hand and official seal.
DANIEL J.ACKERMAN
OTARY PUBLIC
Notary Public" STATE OF COLORADO
NOTARY ID 20174035180
COMMISSION EXPIRES AUG 22,2025
My commission expires /4 e,t.),,-r Z Z,Z.0 ZS