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HomeMy WebLinkAbout15233RESOLUTION NO. 15233 A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS THE PUEBLO COUNTY DETENTION CENTER ANNEXATION DESCRIBED AS 69.9 ACRES WEST OF THE INTERSECTION TH OF WEST 24 STREET AND PUEBLO BOULEVARD WHEREAS, the Pueblo City Council commenced on May 8, 2023, and concluded a public hearing on May 8, 2023, for the purpose of determining and finding whether or not the area proposed to be annexed and described in Resolution No. 15154 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 Randy G. Reeves under the date of April 28, 2023; 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. SECTION 6. 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 # M17 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 APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS THE PUEBLO COUNTY DETENTION CENTER ANNEXATION DESCRIBED AS 69.9 ACRES TH WEST OF THE INTERSECTION OF WEST 24 STREET AND PUEBLO BOULEVARD SUMMARY: The proposed Resolution seeks City Council's adoption of certain findings and determinations that the area commonly known as the Pueblo County Detention Center Annexation meets the applicable requirements of Colorado Revised Statutes 31-12-104 and 105. PREVIOUS COUNCIL ACTION: On February 27, 2023, City Council approved Resolution No. 15154 preliminarily determining that the petition for annexation of the area commonly known as the Pueblo County Detention Center Annexation is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1). BACKGROUND: The Pueblo County Detention Center Annexation is an annexation of property totaling th 69.9 acres located west of the intersection of West 24 Street and Pueblo Boulevard. The proposed annexation will facilitate the development of a new County detention center on approximately 25.47 acres on the southwestern portion of the property. The remaining approximately 44.43 acres of property is slated to be developed with a mixture of commercial 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 April 12, 2023, Regular Meeting. A motion to approve the proposed annexation was made by Commissioner Bailey, seconded by Commissioner Spinuzzi. 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: 1. Pueblo County Detention Center Annexation Attachments