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RESOLUTION NO. 14740
A RESOLUTION APPROVING AND ADOPTING
FINDINGS AND DETERMINATIONS CONCERNING
THE PROPOSED ANNEXATION OF THE AREA
COMMONLY KNOWN AS PUEBLO SPRINGS
APARTMENTS ANNEXATION COMMONLY
DESCRIBED AS 18.2 ACRES SOUTH OF WEST 31ST
STREET AND EAST OF NORTH PUEBLO BOULEVARD
WHEREAS, the Pueblo City Council commenced on October 25, 2021, and
concluded a public hearing on October 25, 2021, for the purpose of determining and
finding whether or not the area proposed to be annexed and described in Resolution No.
14657 and the annexation plat (herein “area to be annexed”) meets the applicable
requirements of C.R.S. §31-12-104 and 105; and,
WHEREAS, the Pueblo City Council has now considered the testimony and
evidence presented at the public hearing including the annexation plat of the area to be
annexed, prepared and certified by Michael Leland Cuppy under the date of October 13,
2021; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council hereby finds and determines that: (a) a petition has been
received for the annexation of the area to be annexed, and that such petition has been
signed by persons comprising more than fifty percent of the landowners in the area to be
annexed and owning more than fifty percent of the area to be annexed, excluding public
streets and alleys, and any land owned by the City of Pueblo, (b) the boundaries of the
area to be annexed do not divide into separate parts or parcels any land held in identical
ownership without the consent of the landowners as restricted and defined by C.R.S. §31-
12-105 (2)(a) the area to be annexed does not include, without the consent of the
landowners, land held in identical ownership comprising twenty (20) acres or more which,
together with the buildings and improvements situated thereon has an assessed value in
excess of $200,000 for ad valorem tax purposes for the year preceding the annexation,
(c) no annexation proceedings have been commenced for annexation to another
municipality of part or all of the area to be annexed, (d) the area to be annexed meets the
applicable requirements of C.R.S. §31-12-104 and 105, and (e) that a community of
interest exists between the area to be annexed and the City of Pueblo in that said area
is urban or will be urbanized in the near future, and that the area to be annexed is
integrated with or is capable of being integrated with the City of Pueblo.
SECTION 2.
The City Council hereby finds and determines that an annexation election under
C.R.S. §31-12-107 (2) is not required.
SECTION 3.
The City Council hereby finds and determines that other than those set forth in the
Petition for Annexation and Annexation Agreement no additional terms or conditions are
to be imposed upon the area to be annexed.
SECTION 4.
The City Council hereby finds and determines that not less than one-sixth of the
perimeter of the area to be annexed is contiguous with the existing boundaries of the City
of Pueblo, the annexation will not result in the extension of the City’s boundaries more
than three miles, the City has in place a plan for the area to be annexed complying with
the requirements of C.R.S. §31-12-105(1)(e)(I), and the entire width of all streets and
alleys to be annexed are included within the boundaries of the area to be annexed.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts
consistent with the intent of the Resolution to implement the policies and procedures
described herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED October 25, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-3
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 AND ADOPTING FINDINGS AND
DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION OF THE
AREA COMMONLY KNOWN AS PUEBLO SPRINGS APARTMENTS
ANNEXATION COMMONLY DESCRIBED AS 18.2 ACRES SOUTH OF WEST
31ST STREET AND EAST OF NORTH PUEBLO BOULEVARD
SUMMARY:
The proposed Resolution seeks City Council's adoption of certain findings and determinations
that the area commonly known as the Pueblo Springs Apartments Annexation meets the
applicable requirements of Colorado Revised Statutes 31-12-104 and 105.
PREVIOUS COUNCIL ACTION:
On July 12, 2021, City Council approved Resolution No. 14657 preliminarily determining that the
petition for annexation of the area commonly known as the Pueblo Springs Apartments
Annexation is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1).
BACKGROUND:
The Pueblo Springs Apartments Annexation is an annexation of property totaling 18.2 acres
st
located south of West 31 Street and east of North Pueblo Boulevard. The proposed annexation
will facilitate the development of approximately 250 multi-family units. The area to be annexed is
located within the boundaries of the City of Pueblo’s 3-Mile Annexation Plan. This Resolution
determines that the annexation is found and determined to meet the applicable requirements of
the Colorado Revised Statutes §31-12-104 and 105 establishing eligibility for annexation under
the Municipal Annexation Act of 1965. The findings and determination include:
1. The area proposed for annexation has at least one-sixth of its perimeter boundary that is
contiguous with the boundaries of the City of Pueblo.
2. A community of interest exists between the area to be annexed and the City of Pueblo in
that the area is urban or will be urbanized in the near future, and that the area to be annexed
is integrated with or is capable of being integrated with the City of Pueblo.
3. The annexation petition contains signatures of 100% of the owners of the area to be
annexed into the City of Pueblo.
4. The boundaries of the area to be annexed do not divide any land held in identical ownership
into separate parts or parcels without the consent of the landowners.
5. The area to be annexed does not include, without the consent of the landowners, land
held in identical ownership comprising twenty (20) acres or more which, together with the
buildings and improvements situated thereon has an assessed value in excess of
$200,000 for ad valorem tax purposes for the year preceding the annexation.
FINANCIAL IMPLICATIONS:
The approval of this Resolution finding and determining the property complies with the applicable
requirements of the Colorado Revised Statutes §31-12-104 and 105 establishing eligibility for
annexation under the Municipal Annexation Act of 1965 does not result in any direct financial
impact to the City of Pueblo.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the September 8, 2021,
Regular Meeting. A motion to approve the proposed annexation was made by Commissioner
Bailey, seconded by Commissioner Schilling. Motion passed 6-0 (Commissioner Pasternak
absent).
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:
Deny the Resolution.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Proposed Resolution
Pueblo Springs Apartments Annexation Petition
Circulator’s Oath
Annexation Plat and Impact Report
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