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