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.
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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.
COUNTY Of POI BI 0, STATE OF COI_ORAN()
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