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