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HomeMy WebLinkAbout15232RESOLUTION NO. 15232 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE WAGNER EQUIPMENT CO. ANNEXATION DESCRIBED AS 4.51 ACRES, LOTS 4 AND 5, BICO INDUSTRIAL PARK SUBDIVISION IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 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): Lots 4 and 5, Bico Industrial Park Subdivision, according to the recorded plat thereof, filed for record April 9, 1990 as Reception No. 916143, in Book 2492 at Page 862 in the records of the Pueblo County Clerk and Recorder, being more particularly described as follows: BEGINNING at the northwesterly corner of said Lot 4, said point also being on the present City Limits Line; thence N89°06'14"E along the northerly line of said Lot 4, a distance of 372.90 feet to the northeasterly corner of said Lot 4, said point also being on the westerly right-of-way line of Interstate No. 25 Frontage Road; thence along the easterly line of said Lots 4 and 5, also being the said westerly right-of-way line of Interstate No. 25 Frontage Road, the following (2) courses: 1.) S 00°53’46” E, a distance of 129.71 feet to the (BC) beginning of a curve; 2.) along the arc of a curve to the left, whose center bears N89°06'14"E, having a central angle of 03°17'53", and a radius of 5890.00 feet, a distance of 339.05 feet to the southeasterly corner of said Lot 5; thence S 83°47'48"W along the southerly line of said Lot 5, a distance of 439.20 feet to the southwesterly corner of Lot 5, said point also being on the said present City Limits Line; thence N 05°13'51"E, along the westerly line of said Lots 4 and 5, also being the said present City Limits Line, a distance of 512.12 feet to the POINT OF BEGINNING. Annexation parcel contains 4.51 acres, more or less. PROPOSED NEW CITY LIMITS LINE: COMMENCING at the northwesterly corner of Lot 4, Bico Industrial Park Subdivision, according to the recorded plat thereof, filed for record April 9, 1990 as Reception No. 916143, in Book 2492 at Page 862 in the records of the Pueblo County Clerk and Recorder, said point also being on the present City Limits Line; thence N89°06'14"E along the northerly line of said Lot 4, a distance of 372.90 feet to the northeasterly corner of said Lot 4, said point also being on the westerly right-of-way line of Interstate No. 25 Frontage Road; thence along the easterly line of said Lot 4 and Lot 5 of said Bico Industrial Park Subdivision, also being the westerly right-of-way line of Interstate No. 25 Frontage Road, the following (2) courses: 1.) S 00°53’46” E, a distance of 129.71 feet to the (BC) beginning of a curve; 2.) along the arc of a curve to the left, whose center bears N89°06'14"E, having a central angle of 03°17'53" and a radius of 5890.00 feet, a distance of 339.05 feet to the southeasterly corner of said Lot 5; thence S 83°47'48"W along the southerly line of said Lot 5, a distance of 439.20 feet to the southwesterly corner of said Lot 5, said point also being on the said present City Limits Line and the POINT OF TERMINUS. 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: May 8, 2023 BY: Larry Atencio MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ CITY CLERK City Clerk's Office Item # M16 Background Paper for Proposed Resolution COUNCIL MEETING DATE: May 8, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE AREA COMMONLY KNOWN AS THE WAGNER EQUIPMENT CO. ANNEXATION DESCRIBED AS 4.51 ACRES, LOTS 4 AND 5, BICO INDUSTRIAL PARK SUBDIVISION IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTION 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 4.51-acre area, lots 4 and 5, Bico Industrial Park Subdivision. This Resolution will determine if the petition for annexation is valid under the provisions of the Colorado Revised Statutes Section 31-12-107(1), tables final action on the petition for a period of not more than 180 days and refers the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Wagner Equipment CO. Annexation is an annexation of property totaling 4.51 acres located west of I-25, north of Dillon Drive. and south of Drew Dix Parkway. The applicant is requesting to annex in order to receive municipal water and sanitary sewer service for the Wagner Equipment Co. enterprise. The Resolution preliminarily determines that the petition for annexation is valid under the provisions of the Colorado Revised Statutes 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 eight (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: 1. Annexation Petition, Circulator's Oath, Statement of Authority, Annexation Plat