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HomeMy WebLinkAbout15334RESOLUTION NO. 15334 A RESOLUTION FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31-12-107 (1) OF THE PETITION FOR THE 10.74-ACRE AREA COMMONLY KNOWN AS THE DORCY COMMUNITY HOUSING ANNEXATION, AND SETTING A PUBLIC HEARING BEFORE THE CITY COUNCIL IN COUNCIL CHAMBERS ON SEPTEMBER 25, 2023 IN ACCORDANCE WITH COLORADO REVISED STATUTES, SECTIONS 31-12-104 AND 31-12-105 ESTABLISHING ELIGIBILITY FOR ANNEXATION UNDER THE MUNICIPAL ANNEXATION ACT OF 1965 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: A parcel of land located in the SE ¼ of the SW ¼ of Section 04, Township 21 South, Range 65 West of the 6th P.M. the County of Pueblo and State of Colorado, being more particularly described as follows: Considering the centerline of Starling Drive in The Meadows, Filing No. 4, according to the recorded plat thereof as filed for record on January 14,1980 at Reception No. 628024 in the Pueblo County records to bear S. 02°48'49" W., and all bearings contained herein being relative thereto. Both ends of said centerline are monumented with a lead and tack in a monument box. Beginning at the Northeast corner of Lot 1, Block 18 of Regency Park, 10th Filing, according to the recorded plat thereof as filed for record on January 31, 1979 at Reception No. 597379 in the Pueblo County records; thence N. 00°54'08" E., a distance of 1,301.06 feet to a point on the southerly right-of-way line of Red Creek Springs Road as presently located; thence S. 89°05'52" E. along said southerly right- of-way line a distance of 255.71 feet to a point on the westerly line of Vinci Subdivision, a Special Area Plan according to the recorded plat thereof as filed for record on July 5, 2011 at Reception No. 1879494 in the Pueblo County records; thence S. 01°00'14" W. along said westerly line a distance of 289.88 feet to the Southwest corner of said Vinci Subdivision, a Special Area Plan; thence S. 89°01'48" E. along the southerly line of said Vinci Subdivision, a Special Area Plan a distance of 151.56 feet to the Southeast corner of said Vinci Subdivision, a Special Area Plan, said point also being on the westerly line of The Meadows, Filing No. 4 according to the recorded plat thereof as filed for record on January 14, 1980 at Reception No. 628024 and the westerly line of The Meadows, Filing No. 3 according to the recorded plat thereof as filed for record on January 31, 1979 at Reception No. 597382 both in the Pueblo County records; thence S.02°48'49"W. along said westerly line a distance of 1,010.01 feet to the Southwest corner of said The Meadows, Filing No. 3, said point also being on the northerly line of the aforementioned Regency Park, 10th Filing; thence N. 89°20'09” W. along said northerly line a distance of 373.08 feet to the Point of Beginning. Containing 10.74 acres, more or less. SECTION 2. A public hearing to determine if the area proposed to be annexed meets the applicable requirements of Colorado Revised Statutes, Sections 31-12-104 and 31-12-105 to establish eligibility for annexation under the Municipal Annexation Act of 1965 shall be held before the City Council in Council Chambers, Second Floor, City Hall, One City Hall Place, Pueblo Colorado on Monday, September 25, 2023, commencing at 7:00 p.m. or as soon thereafter as City Council business allows. SECTION 3. The City Clerk shall publish notice of the public hearing once a week for four successive weeks in the Pueblo Chieftain. The first publication of such notice shall be at least thirty (30) days prior to the date of the hearing. A copy of the published notice, together with a copy of the Petition for Annexation, shall be sent by registered mail by the Clerk to the Board of County Commissioners and the County Attorney of Pueblo County and to any school district or special district having territory within the area to be annexed at least twenty-five days prior to the date of the hearing. 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: August 14, 2023 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M12 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 14, 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 FINDING SUBSTANTIAL COMPLIANCE WITH COLORADO REVISED STATUTES SECTION 31-12-107 (1) OF THE PETITION FOR THE 10.74-ACRE AREA COMMONLY KNOWN AS THE DORCY COMMUNITY HOUSING ANNEXATION, AND SETTING A PUBLIC HEARING BEFORE THE CITY COUNCIL IN COUNCIL CHAMBERS ON SEPTEMBER 25, 2023 IN ACCORDANCE WITH COLORADO REVISED STATUTES, SECTIONS 31-12-104 AND 31-12- 105 ESTABLISHING ELIGIBILITY FOR ANNEXATION UNDER THE MUNICIPAL ANNEXATION ACT OF 1965 SUMMARY: The City Clerk received an annexation petition for a 10.74-acre area located south of th Red Creek Springs Road, north of Regency Park 10 Filing, and west of The Meadows Subdivision, Filing 4. This Resolution finds the annexation petition is in substantial compliance with state annexation statutes and sets the date of September 25, 2023, for a public hearing. The date for the first reading of the Ordinance for Annexation is scheduled for September 11, 2023. PREVIOUS COUNCIL ACTION: Resolution No. 14991, preliminarily determining that the petition for annexation is valid under the provisions of Colorado Revised Statutes, section 31-12-104(1)(a) and 31-12- 107(1), tabling final action of 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 was approved on September 12, 2022, by City Council. Resolution No. 15145, extending the tabling of final action of the petition for a period of not more than 180 days was approved on February 13, 2023. BACKGROUND: On June 13, 2022, the petitioner, Kim Bowman, on behalf of Posada, Inc., submitted an annexation petition for the Dorcy Community Housing Annexation totaling 10.74-acres. This Resolution determines that the Petition for Annexation is found and determined to be in substantial compliance with the provisions of Colorado Revised Statutes, Section 31-12-107(1). The Resolution also sets a public hearing date for September 25, 2023 to determine if the area proposed to be annexed meets the applicable requirements of Colorado Revised Statutes, Sections 31-12-104 and 31-12-105 to establish eligibility for annexation under the Municipal Annexation Act of 1965. It also directs the City Clerk to publish notice of the public hearing once a week for four successive weeks in the Pueblo Chieftain. By approving the attached resolution, City Council finds the annexation petition is in substantial compliance with state annexation statutes and sets the date of September 25, 2023, for a public hearing. The date for the first presentation of the Ordinance for Annexation is scheduled for September 11, 2023. FINANCIAL IMPLICATIONS: The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be annexed, 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. The City of Pueblo will provide police and fire protection services to the property, in addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City. BOARD/COMMISSION RECOMMENDATION: The City of Pueblo Planning and Zoning Commission recommended approval of the Dorcy Community Housing Annexation at their December 14, 2022 meeting. 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 Section 31-12-107(1), of the Colorado Revised Statutes and recommends that City Council determine the petition meets the requirements of the Colorado Revised Statutes and set a public hearing date for September 25, 2023, to determine the annexation request meets the requirements of Colorado Revised Statutes 31-12-104 and 31-12-105. ATTACHMENTS: 1. Combined Attachments Dorcy Annexation