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HomeMy WebLinkAbout14944RESOLUTION NO. 14944 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 136.00 ACRE AREA COMMONLY KNOWN AS THE PASTORA RANCH ANNEXATION NO. 2, GENERALLY LOCATED SOUTHEAST OF STATE HIGHWAY 78 AND SOUTH OF EL CAMINO SUBDIVISION, 14TH FILING, IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(a) and 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION 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): AREA TO BE ANNEXED: Annexation A All of the SE1/4 of the NW1/4 excepting therefrom the W1/2 of the W1/2of the W1/2 of the SE1/4 of the NW1/4 of Section 21, Township 21 South, Range 65 West, of the 6th P.M. And All of Blocks 1, 2, and 3, and Lots 1, 2, 3, and 4 of Blocks 14, 15, and 16 in the Liberty Heights Subdivision of the NE1/4 of the SW1/4 of Section 21, th Township 21 South, Range 65 West. Of the 6 P.M. Containing 54.00 acres, more or less. Proposed New City Limits Line: Beginning at the N1/16 corner of Section 21, Township 21 South, Range 65 West, of the 6th P.M., being a point on the present city limits line; thence South along the North-South centerline of aforementioned Section 21 a distance of 1,346.60 feet to the center quarter corner of Section 21, thence continuing South along the North-South centerline of Section 21 a distance of 806.44' to the North Line of Lot 5, Block 16 in the Liberty Heights Subdivision if extended East, being a point on the present city limits line and the point of terminus. Annexation B Lots 5, 6, 7, and 8, Blocks 17, 18, 19, 20, 21, 22, 23, and 24, and all of Blocks 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and 40 in the Liberty Heights Subdivision of the S1/2 of the SW 1/4 of Section 21, Township 21 South, Range 65 West of the 6th P.M. Containing 82 acres, more or less. Proposed New City Limits Line: Commencing at the center quarter corner of Section 21, Township 21 South, Range 65 West, of the 6th P.M., thence South along the North-South centerline of Section 21 a distance of 1344.07 feet to the South line of Lot 4, Block 17 in the Liberty Heights Subdivision if extended East to the point of beginning, being a point on the present city limits line. Thence South along the North-South centerline of Section 21 a distance of 1347.90 feet to the S1/4 corner of Section 21, thence West along the South line of Section 21 a distance of 2671.14 feet to the SW corner of Section 21, thence North along the West line of Section 21 a distance of 1325.52 feet to the South line of Lot 3, Block 24 if extended West, being a point on the present city limits line and the point of terminus. At least one-sixth of the boundary of the land described in Annexations A and B above is now existing city limits line. The complete annexation is within 3 miles of present city limits. 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 25, 2022 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: July 25, 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 PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 136.00 ACRE AREA COMMONLY KNOWN AS THE PASTORA RANCH ANNEXATION NO. 2, GENERALLY LOCATED SOUTHEAST OF STATE HIGHWAY 78 AND SOUTH OF EL CAMINO SUBDIVISION, 14TH FILING, IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12- 104(1)(a) and 31-12-107(1), TABLING FINAL ACTION ON THE PETITION FOR A PERIOD OF NOT MORE THAN 180 DAYS, AND REFERRING THE PETITION TO THE PLANNING AND ZONING COMMISSION FOR REVIEW AND RECOMMENDATION SUMMARY: The City Clerk received an annexation petition for a 136-acre area located southeast of th State Highway 78 and south of El Camino Subdivision, 14 Filing. This Resolution will determine if the petition for annexation is valid under the provisions of Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1), tables final action on the petition for a period not more than 180 days and refer the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On June 13, 2022, the petitioner, Pannunzio Inc,, submitted an annexation petition for the Pastora Ranch Annexation No. 2 totaling 136-acres. The Pastora Ranch Master Plan was approved by the City Planning & Zoning Commission on August 11, 2004. The area proposed in this annexation is identified in the master plan for single-family and multi- family residential development, and a 1.38-ace commercial area. This Resolution preliminarily determines that the petition for annexation is valid under the provisions of the Colorado Revised Statutes Sections 31-12-104(1)(a) and 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 eighty (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: Proposed Resolution Annexation Petition Circulator’s Oath Annexation Plat CITY OF PUEBLO ANNEXATION INFORMATION 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: Pastors Ranch Annexation No. 2 Location and size in acres: Section 21 _, Township 21 South, Range 65 , West of the 6't' P.M., County of Pueblo, Colorado, 136.0 acres. 100%of Owners 1 ; Less than 100% of owners School District No. 60 ; Special District: * Sem he l ms) 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. Pketp)10 Beit Gn41 L;kri? D"s+�►c f- LOu,,e.,- AikaNr4s V4//eti 1,04' e- Cov4`rtg i)is" -/r;.+ Rut b(0 CO r7 Servs1v�t !J S e. 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 arca 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 he 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. S. 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; (h) 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 be 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 area 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 fl 200 W. City Center Dr. SE1/4 of the NW1/4 Except 7/Zo/Z2- Suite 200 W1/2 of W1/2 of W1/2 of SE1/4 Pueblo, CO 81003 Lots 5-8. Blocks 17-24. All of Blocks 25-40 of Liberty Heights Subdivision 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 I circulated the foregoing Petition For Annexation and that each signature therein is the signature of the person whose name it purports to be. • Circulator's Signature Subscribed and affirmed, or sworn to, before me in the County of Pueblo State of Colorado , this ) l day of 20 By J A f 1�t �L,-1--h i? Witness my hand and official My commission expires: - / I (SEAL) %�,,/t / Notary Public tr official PATRICIA A.MEGA-ACKERMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20164035042 MY COMMISSION EXPIRES SEPT.15,2024 Exhibit A Annexation A Area to be Annexed: All of the SE1/4 of the NW1/4 excepting therefrom the W1/2 of the W1/2of the W1/2 of the SE1/4 of the NW1/4 of Section 21,Township 21 South, Range 65 West, of the 6th P.M. And All of Blocks 1, 2, and 3, and Lots 1, 2, 3, and 4 of Blocks 14, 15, and 16 in the Liberty Heights Subdivision of the NE1/4 of the SW1/4 of Section 21,Township 21 South, Range 65 West. Of the 6th P.M. Containing 54 acres, more or less. Proposed New City Limits Line: Beginning at the N1/16 corner of Section 21,Township 21 South, Range 65 West, of the 6th P.M., being a point on the present city limits line; thence South along the North-South centerline of aforementioned Section 21 a distance of 1,346.60 feet to the center quarter corner of Section 21, thence continuing South along the North-South centerline of Section 21 a distance of 806.44' to the North Line of Lot 5, Block 16 in the Liberty Heights Subdivision if extended East, being a point on the present city limits line and the point of terminus. Annexation B Area to be Annexed: Lots 5, 6, 7, and 8, Blocks 17, 18, 19, 20, 21, 22, 23, and 24, and all of Blocks 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, and 40 in the Liberty Heights Subdivision of the S1/2 of the SW 1/4 of Section 21,Township 21 South, Range 65 West of the 6th P.M. Containing 82 acres, more or less. Proposed New City Limits Line: Commencing at the center quarter corner of Section 21, Township 21 South, Range 65 West, of the 6th P.M.,thence South along the North-South centerline of Section 21 a distance of 1344.07 feet to the South line of Lot 4, Block 17 in the Liberty Heights Subdivision if extended East to the point of beginning, being a point on the present city limits line.Thence South along the North-South centerline of Section 21 a distance of 1347.90 feet to the 51/4 corner of Section 21,thence West along the South line of Section 21 a distance of 2671.14 feet to the SW corner of Section 21, thence North along the West line of Section 21 a distance of 1325.52 feet to the South line of Lot 3, Block 24 if extended West, being a point on the present city limits line and the point of terminus. At least one-sixth of the boundary of the land described in Annexations A and B above is now existing city limits line.The complete annexation is within 3 miles of present city limits. A PORTION OF THE 1IBERTY HEIGHTS SUBDIVISION Of TNT W 1/2 AND A PORI IION OF IHE 51 1/4 OF THE NW 1/4 SECTION 21, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF 1111 6/H P.M. 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JN 0106206 C SHCEI I OF I Ma m0.