HomeMy WebLinkAbout14791RESOLUTION NO. 14791
A RESOLUTION APPROVING AND ADOPTING
FINDINGS AND DETERMINATIONS CONCERNING
THE PROPOSED ANNEXATION OF THE AREA
COMMONLY KNOWN AS THE WILDHORSE
ANNEXATION 2 COMMONLY DESCRIBED AS 98.98
ACRES NORTH AND WEST OF THE WILDHORSE
ANNEXATION 1 AND EAST AND WEST OF
WILDHORSE ROAD
WHEREAS, the Pueblo City Council commenced on January 24, 2022 and
concluded a public hearing on January 24, 2022, for the purpose of determining and
finding whether or not the area proposed to be annexed and described in Resolution No.
14633 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 January 12,
2022; 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 January 24, 2022
BY: Dennis Flores
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: January 24, 2022
TO: President Heather Graham 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 THE WILDHORSE ANNEXATION 2
DESCRIBED AS 98.98 ACRES NORTH AND WEST OF THE WILDHORSE
ANNEXATION 1 AND EAST AND WEST OF WILDHORSE ROAD
SUMMARY:
The proposed Resolution seeks City Council's adoption of certain findings and
determinations that the area commonly known as the Wildhorse Annexation 2 meets the
applicable requirements of Colorado Revised Statutes 31-12-104 and 105.
PREVIOUS COUNCIL ACTION:
On June 14, 2021, City Council approved Resolution No. 14633 preliminarily determining
that the petition for annexation of the area commonly known as the Pueblo Springs
Apartments Annexation 2 is valid under the provisions of Colorado Revised Statutes
Section 31-12-107(1).
BACKGROUND:
The Wildhorse Annexation 2 is an annexation of property totaling 98.98 acres located
north and west of the Wildhorse Annexation 1 and east and west of Wildhorse Road. The
property is proposed to be annexed and developed for a mixture of retail uses, high
density residential, and business park uses. 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 December 8,
2021, Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Bailey, seconded by Commissioner Avalos. Motion passed 7-0.
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
Wildhorse Annexation 2 Petition with Circulator’s Oath
Annexation Plat and Impact Report