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Home My WebLink About10555ORDINANCE NO. 10555 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE DORCY COMMUNITY HOUSING ANNEXATION TO THE CITY OF PUEBLO, DESCRIBED AS 10.74-ACRES OF LAND GENERALLY LOCATED SOUTH OF RED CREEK SPRINGS ROAD AND NORTH OF THE KINGSROYAL BOULEVARD TERMINUS WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and, WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31-12-104, 105 and 107(1); and, WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31-12-107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Colorado Municipal Corporation, subject to the terms and conditions set forth in the Petition for Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: ANNEXATION 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. PROPOSED NEW CITY LIMITS LINE 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 1301.06 feet to a point on the southerly right-of-way line of Red Creek Springs Road as presently located, said point being the Point of Terminus. Certification Of Perimeter: At least one-sixth of the boundary of the land described in the annexation above is now existing city limits line. The complete annexation is within 3 miles of present city limits. SECTION 2. The owners of one hundred percent (100%) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The Mayor is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. Within thirty (30) days after the effective date of the Ordinance, the City Clerk shall: (a) File one copy of the annexation map with the original of this ordinance in the office of the City Clerk; and, (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; and, (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 5. The officers of the City are hereby authorized to take all other actions necessary or appropriate, on behalf of the City, to implement the provisions of this Ordinance and the Annexation Agreement. SECTION 6. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 7. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37-45-136 (3.6). SECTION 8. This Ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 2024. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 11, 2023. Final adoption of Ordinance by City Council on September 25, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _September 27, 2023____. ☐ Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of ____________, on _____________ ☐ Council action on _______ failed to override the Mayor’s veto. ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 25, 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: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE DORCY COMMUNITY HOUSING ANNEXATION TO THE CITY OF PUEBLO, DESCRIBED AS 10.74-ACRES OF LAND GENERALLY LOCATED SOUTH OF RED CREEK SPRINGS ROAD AND NORTH OF THE KINGSROYAL BOULEVARD TERMINUS SUMMARY: The petitioner, Pueblo County, is requesting to annex the property containing 10.74- acres into the City of Pueblo commonly known as the Dorcy Community Housing Annexation to the City of Pueblo. PREVIOUS COUNCIL ACTION: On September 12, 2022, City Council approved a Resolution No. 14991 preliminarily determining that the petition for annexation of the area commonly known as the Dorcy Community Housing Annexation is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1) and tabling final action of the petition for not more than 180 days. City Council approved Resolution 15145, on February 13, 2023, tabling final action on the annexation petition for an additional period of not more than 180 days. BACKGROUND: The Dorcy Community Housing Annexation is generally located south of Red Creek Springs Road, north of the Kingsroyal Boulevard Terminus, and east of the Sunset Country Estates Mobile Home Park. The petitioners are requesting to annex 10.74- acres into the City to facilitate the proposed development of 31 residential duplex units and a community building. The ability to connect with the existing Pueblo Water domestic water service and the City’s wastewater system is available within the adjacent right-of-way of Red Creek Springs Road. Police and fire services are already being provided to the properties immediately to the north, east, and south of the area proposed to be annexed. The property is within the City’s 3-mile Annexation Plan, adopted by Resolution No.15140 on February 13, 2023. The proposed annexation site is currently zoned Pueblo County A-4 and is surrounded by single-family residences to the north, east, and south. A mobile home park is located directly west of the site. The Planning and Zoning Commission recommended approval of the petitioners rezoning request to R-3, at the Commission’s public hearing on July 12, 2023. Upon approval of an annexation ordinance by City Council, the applicant’s request to zone the property into an R-3 One- and Two-Family Residential Zone District will be reviewed by City Council. The Annexation Agreement requires Kingsroyal Boulevard, classified as a mixed-use collector, to be extended north through the Dorcy Community Housing Annexation area, intersecting with Red Creek Springs Road at the northern property boundary of the Annexation area. Ibis Lane, classified as a local street, will be extended west and intersect with the northern extension of Kingsroyal Boulevard within the Dorcy Annexation Area. The extension of Kingsroyal Boulevard conforms with the 2040 Long Range Transportation Plan future roadway map. The proposed annexation is designated as Suburban Residential by the Pueblo Regional Comprehensive Plan, 2022. According to the Comprehensive Plan, Suburban Neighborhoods are predominantly single-family detached and attached homes on similarly sized lots. The proposed residential duplex development provides single-family attached housing as allowed for by the Pueblo Comprehensive Plan Suburban Residential land use category. FINANCIAL IMPLICATIONS: The Petitioner acknowledges and agrees that upon the annexation, the property 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. BOARD/COMMISSION RECOMMENDATION: The City Planning and Zoning Commission reviewed the proposed annexation at the December 14, 2022, Regular Meeting. A motion to approve the proposed annexation was made by Commissioner Avalos and seconded by Commissioner Bailey to recommend approval of the proposed annexation petition. Motion passed 4-0, Commissioners Aznar, Martinez, and Pasternak were absent. STAKEHOLDER PROCESS: Annexation Impact Reports have been filed with taxing entities as required by Colorado Revised Statutes. ALTERNATIVES: Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. City Council could vote to not approve the annexation Ordinance. The applicant could resubmit an annexation petition in the future subject to the applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31-12-104, 105 and 107(1). RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. A-22-06 Annexation Attachments