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HomeMy WebLinkAbout15486RESOLUTION NO. 15486 A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 79.637-ACRE AREA COMMONLY KNOWN AS THE THIRD ADDITION TO VILLA BELLA ANNEXATION, IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(A) AND 31-12-107(1), TABLING FINAL ACTION ON 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 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): PARCEL A: ALL OF MANHATTAN PARK, INCLUDING VACATED ALLEYS AND STREETS, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD APRIL 11, 1889 AT RECEPTION NO. 32464; EXCEPT LOTS 41 TO 46, INCLUSIVE, IN BLOCK 7, TOGETHER WITH THAT PORTION OF 1/2 OF VACATED CATARACT AVENUE ADJOINING SAID LOTS AND WITH 1/2 OF VACATED HAWTHORNE STREET ADJOINING LOT 46 AND 1/2 OF VACATED ALLEY ADJOINING SAID LOTS BETWEEN VACATED CATARACT AVENUE AND VACATED MOUNTAIN VIEW AND VACATED HAWTHORN STREET AND VACATED WALNUT STREET AND EXCEPT ANY PORTION THEREOF LYING WITHIN COUNTY ROAD 3502 AS SHOWN ON THE PUEBLO COUNTY ASSESSOR'S MAP CROSSING THE SUBJECT PROPERTY,COUNTY OF PUEBLO, STATE OF COLORADO. CONTAINING A NET AREA OF 79.637 ACRES. LEGAL DESCRIPTION PROPOSED CITY LIMIT BEGINNING AT THE QUARTER CORNER COMMON TO SECTIONS 8 AND 9, T20S, R64W OF THE SIXTH P.M. SAID POINT BEING THE POINT OF BEGINNING (POB). THENCE N88°16'59"E A DISTANCE OF 1312.80 FEET TO THE W 1/16TH CORNER OF SECTION 9; THENCE S00°12'48"W A DISTANCE OF 2642.09 FEET TO THE W 1/16TH CORNER COMMON TO SECTIONS 9 AND 16, T20S, R64W, OF THE SIXTH P.M. AND THE POINT OF TERMINUS (POT). SECTION 2. Final action on the Petition is hereby tabled for a period of not more than one hundred eighty (180) days and the Petition is hereby referred to the Planning and Zoning Commission for review and recommendation. SECTION 3. Upon receipt of the recommendation of the Planning and Zoning Commission, the City Council, without undue delay, shall make a final determination by Resolution whether the petition substantially complies with the applicable requirements of Section 31-12-107(1), C.R.S. and establish the date, time and place the City Council will hold a public hearing to determine if the proposed annexation complies with sections 31-12-104 and 31-12-105, C.R.S. or such parts thereof as may be required to establish eligibility for annexation. 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: February 12, 2024 BY: Dennis Flores MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M16 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 12, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: A RESOLUTION PRELIMINARILY DETERMINING THAT THE PETITION FOR THE ANNEXATION OF THE 79.637-ACRE AREA COMMONLY KNOWN AS THE THIRD ADDITION TO VILLA BELLA ANNEXATION, IS VALID UNDER THE PROVISIONS OF COLORADO REVISED STATUTES SECTIONS 31-12-104(1)(A) AND 31-12-107(1), TABLING FINAL ACTION ON 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 SUMMARY: The City Clerk received an annexation petition for a 79.637-acre area located to the northeast of the intersection of Troy Avenue and Rawlings Boulevard and is adjacent to existing Walking Stick undeveloped land. This Resolution will determine if the petition for annexation is valid under the provisions of Colorado Revised Statutes Sections 31- 12-104(1)(a) and 31-12-107(1), tables final action on the petition for a period not more than 180 days and refer the petition to the Planning and Zoning Commission for review and recommendation. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On September 6, 2023, Eagle Development Company submitted an annexation petition for the Villa Bella Third Addition Annexation totaling 79.637-acres. This Resolution preliminarily determines that the petition for annexation is valid under the provisions of the Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1). In accordance with the procedure established in the Pueblo Municipal Code, the final action on the petition is tabled for a period of not more than one hundred eighty (180) days and the petition is referred to the Planning and Zoning Commission for review and recommendation. FINANCIAL IMPLICATIONS: The filing of the annexation petition and the approval of the Resolution determining the property substantially complies with the provisions of Colorado Revised Statutes Sections 31-12-104(1)(a) and 31-12-107(1) and does not result in any direct financial impact to the City of Pueblo. BOARD/COMMISSION RECOMMENDATION: None at this point in the review process. STAKEHOLDER PROCESS: Copies of the Petition for Annexation will be sent via registered mail by the City Clerk to the Board of County Commissioners, 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 Sections 31-12-104(1)(a) and 31-12-107(1) of the Colorado Revised Statutes and recommends that City Council preliminarily finds that the petition is valid according to Colorado Revised Statutes. ATTACHMENTS: 1. Annex Petition-Third Addition Villa Bella Attachments