HomeMy WebLinkAbout06301Reception 1215489
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" AS AMENDED
ORDINANCE NO. 6301
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AND DESCRIBED AS WEST OF KINGSROYAL
BOULEVARD AND NORTH OF THAMES DRIVE
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 Annexation Agreement; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The following described area situated in Pueblo County, Colorado, is hereby annexed
to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition
For Annexation, and the official snap of the City shall be amended to show such annexation:
A parcel of land located within the Southeast 1/4 of the Northwest 1/4 and the
Southwest 1/4 of the Northwest 1/4 of Section 9, Township 21 South, Range
65 West, of the 6th Principal Meridian, Pueblo County, State of Colorado:
And being more particularly described as follows:
Beginning at a point on the South line of said Southeast 1/4 of the Northwest
1/4 of Section 9, said point also being the Southwest corner of Regency Park,
15th Filing as recorded in Book 2443 at Page 186 of the Pueblo County Records:
Thence N 88 °26'26" W along said South line a distance of 994.92 feet;
Thence N 00 °00'00" E a distance of 484.57 feet; Thence S 89 1 19'52" E
a distance of 1000.48 feet to the West line of said Regency Park,15th
Filing; Thence S 00'40'18" W along said West line a distance of 500.00
feet to the point of beginning. Total area to be annexed is 11.27 acres
more or less,
SECTION 2.
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;
(b) File two certified copies of this Ordinance and annexation map with the Pueblo
County Clerk and Recorder;
(c) File one certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
SECTION 3.
The City Council hereby consents to the inclusion of the annexed area in the Southeastern
Water Conservancy District pursuant to C.R. S. §37 -45 -136. (3.6).
SECTION 4.
This Ordinance shall become effective upon execution of the Annexation Agreement
incorporating the changes that were agreed upon during the March 23, 1998 City Council
Meeting and the annexation shall be effective for ad valorem tax purposes on and after January
1, 1999.
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City Clerk
INTRODUCED February 23, 1998
BY Rich Golenda
A ouncilperson
APPROVED
Presiden f tv Council
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ANNEXATION AGREEMENT
CASE NO. A -97 -3
This Agreement entered into the 6th day of April , 1998, by and between the City of
Pueblo, a Municipal Corporation (herein "City'), and RRDC II, LLC, a Colorado Limited Liability Company
(herein "Petitioner"), WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, Colorado, and
described as follows: A Parcel of land located within the SE % of the NW % and the SW % of the NW Y4 of
Section 9, Township 21 South, Range 65 West, of the 6 th Principal Meridian, Pueblo County, State of
Colorado. Containing 11.27 acres more or less (herein "Property");
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to the City; and
WHEREAS, the City is willing to annex Petitioner's Property upon and subject to the terms and
conditions hereinafter set forth and in compliance with the annexation laws of the State of Colorado;
NOW THEREFORE, in consideration of the foregoing and convenants and conditions set forth herein,
the City and Petitioner agree as follows:
I. MASTER PLAN
The Petitioner will prepare and submit to the Planning and Zoning Commission for adoption a Master
Plan of the Property. Prior to the submittal of any zoning amendment or subdivision application for any of the
Property, other than a request to rezone the entire Property to Single - Family Residential District, R -2 Zone, the
Master Plan for all of the Property shall be submitted and approved in its entirety by the Planning and Zoning
Commission. The Property shall not be rezoned for any use other than the uses permitted in a Single - Family,
Residential District, R -2 Zone. The Master Plan will comply with the policies of the Pueblo Regional
Comprehensive Development Plan and consist of the (1) Development Plan, (2) Drainage Plan, (3) Sanitary
Sewer Plan, (4) Transportation Plan and (5) Environmental Study as outlined below.
1 111111 1111111111111111111111111 HIM i IN III
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The Development Plan shall be prepared by the Petitioner in consultation with the City's Subdivision
Review Committee and Department of Planning and Development In accordance with the requirements of
Section 12- 4 -6(A) of the 1971 Code of Ordinances of the City of Pueblo and as same may be subsequently
amended.
(2) Drainage Plan
The Drainage Plan shall be prepared by the Petitioner in accordance with the Storm Drainage Design
Criteria and Drainage policies for City of Pueblo, Colorado, published June 9, 1997, (MANUAL) and be certified
by a Professional Engineer competent in the field of surface water drainage engineering and registered in the
State of Colorado. The Drainage Plan shall address surface water drainage within the Property and onto the
Property from other areas, as well as the effects of the development of the Property upon downstream
properties and drainage facilities. Associated impacts identified in the Drainage Plan will be mitigated through
surface water drainage improvements financed by the Petitioner. The Drainage Plan shall include a schedule of
such improvements. It is not the intent of the City to require Petitioner to install downstream surface water
drainage improvements in addition to those required or identified as associated impacts in the Drainage Plan.
Storm water detention facilities, designed and constructed in accordance with the MANUAL, may be used to
mitigate the increased runoff due to development.
(3) Sanitary Sewer Plan
A Sanitary Sewer Plan shall be prepared by the Petitioner in accordance with the standards specified
by the City Engineer and shall be supported by studies and reports prepared by Professional Engineers
competent in the field of sanitary sewer engineering and registered in the State of Colorado. The Sanitary
Sewer Plan shall address the needs of the entire gravity-fed basin (sewer drainage basin), which sewer
drainage basin shall be approved by the Director of Public Works. Associated impacts identified in the
Sanitary Sewer Plan will be mitigated in accordance with the City's then existing ordinances and policies.
FA
11111111111111111111111111111111 HIM 111111111111 IN
(4) Transportation Plan 1215490 04/24/1998 08:06A B3114 P3 AGREE
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A Transportation Plan shall be prepared by the Petitioner in accordance with the criteria and general
outline specified by the City Traffic Engineer and shall be supported by studies and reports prepared by
Professional Engineers competent in the field of transportation and registered in the State of Colorado.
(5) Environmental Studv
The Petitioner at their expense, shall provide the City with a Phase I Environmental Study and a
further in depth study of any potential methane gas presence on this site. Both of these studies will be
performed by Professional Engineers competent in the field of Environmental Engineering in the State of
Colorado. The tests for methane will be drilled sample wells with the air from those wells analyzed by an
independent laboratory. The results will be summarized as a comparison to Federal and State regulations
pertaining to Solid Waste Disposal Sites. These tests will be conducted on the property to be annexed and
used for residential construction.
II. ZONING AND SUBDIVISION
The Property shall be zoned and subdivided in conformity with the Approved Master Plan pursuant to the
requirements of Titles 12 and 17 of the 1971 Code of Ordinances of the City of Pueblo, and as same may be
subsequently amended.
Nothing In the criteria contained herein exempts any party from abiding by the 1971 Code of Ordinances
pertaining to minimum standards for subdivisions presently existing and as same may hereafter be amended.
III. PUBLIC FACILITIES
The Petitioner shall dedicate land and right -of -way for public uses and facilities required by the City, in
its sole discretion, including, but not limited to, sanitary and storm sewers, utilities, drainage ways, roadways.
The Petitioner at his expense shall construct and install all on -site and off -site improvements required by the
City, in its sole discretion, including, but not limited to, streets. curbs and gutters, sidewalks, sanitary sewers,
storm sewers, drainage channel improvements and facilities, but excluding public buildings such as fire stations.
3
IV. UTILITIES
111111l 11111111111111111111111111111111111111111111 IN IN
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The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers), Public
Service Company (gas), WestPlains Energy Company (electric), TO Cable Vision (cablevision), and Pueblo
Board of Water Works (water) requirements for the installation of mains, lines, stations, and any other
appurtenant utility facilities.
V. COMPLIANCE WITH ORDINANCES
The development of the Property will be subject to and constructed in conformity with all applicable
ordinances, resolutions, regulations, and standards of the City now existing or hereinafter enacted or amended.
VI. ASSIGNS
The convenants, restrictions, and agreements herein set forth shall run with the Property and shall
extend to and be binding upon the Property and Petitioner and its successors and assigns. The Petitioner
expressly accepts and agrees to the covenants, restrictions, and agreements set forth herein by execution of
this Agreement and the petition for annexation.
VII. AMENDMENTS
Amendments to this Agreement may only be made through formal petition to and approval by
Resolution of the City Council. The City Departments will review when applicable any proposed amendment
and submit their findings and recommendation to the City Council.
VIII. SEVERABILITY
If any section, clause, or other provision of this Agreement for any reason is invalid or unenforceable,
the invalidity or unenforceability of such section, clause, or other provision shall not affect any of the remaining
provisions of this Agreement.
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IX. BUILDING PERMITS 1215490
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No building permit shall be approved by the City or issued by the Pueblo Regional Building
Department to construct or install any building, structure or other improvement on the Property except within a
subdivision which meets and complies with this Agreement and City's ordinances, standards, and regulations
and has been approved by the City after adoption of the Master Plan.
X. DISCONNECTION
If, for any reason, the Master Plan of the Property is not approved and adopted by the Planning and
Zoning Commission within five (5) years from date of this Agreement, proceedings may be instituted by the City
to disconnect the Property from the City, and for such purpose, the Petitioner irrevocably consents to such
disconnection proceedings and waives any and all rights to contest such disconnection.
XI. GRADE LEVEL
The finished grade level of any street or developed land, lawn or other ground surface within the
Property shall be no higher in elevation than the existing grade of the land in its original natural state, and other
drainage control means shall also be provided to prevent increased runoff onto previously developed property,
including without limitation, a temporary drainage swale during development.
S
Executed at Pueblo, Colorado, the day and year first written above.
RRDC II, LLC
By:
Manag
c
r
` As To .Form:
City A e
State of Colorado
County of Pueblo
Pueblo, a Municipal Corporation
By . �.
President of the Cify Council
The foregoing instrument was acknowledged before me this 20th day of
Apri 1 , 1997, by Cathy Garcia as President of City Council and Gina Dutcher
as City Clerk of Pueblo, a Municipal Corporation.
...�, B Witness my hand and official seal
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�sio expires -T l 7
State of Colorado
County of Pueblo
tary Public
The foregoing instrument was acknowledged before me this (P day of
Iq4�
r tW, by Roger H. Fonda as Managing Partner and Charles Stephens as Secretary of
RRDC II, LLC, a Colorado Limited Liability Company.
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.. .. .... ... 4 H�s my hand and official seal
o f P expires �` b
. O�
G0
Notary Public
1 HIS 1111111111111111
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KE O E M ,
City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planr:ng DATE: July 23, 1997
TO: Pueblo City Council
FROM: City of Pueblo. Planning and Zoning Commission
SUBJECT: CASE NO. A- 97- 3-- ANNEXATION REQUEST - -WEST OF KINGSROYAL BOULEVARD AND NORTH OF THAMES STREET
SYNOPSIS
BACKGROUND: The applicant requests annexation of undeveloped land in order to utilize City
services for residential development.
ISSUES: No significant issues have been identified with this request. The proposal appears to be
a logical extension of the existing City limit boundary. A Phase II Environmental Study will be
required to address issues of the proximity to an abandoned land fill. An Annexation Impact
Report has been provided. Approval of the proposal will provide additional property tax revenue
to the City without imposing unreasonable expense or demand on existing City services.
RECOMMENDATION: The Commission recommends approval by a 7 -0 vote.
GENERAL INFORMATION
Applicant: Abel Engineering Professional, Inc
Owner of Property: Roger Fonda & Jaime Hudspeth Bailey
Location: West of Kingsroyal Boulevard. North of Thames Street
Size: 11.27 Acres
Type of Annexation: 100% Petition by Property Owner.
Public Utilities:
-- Water: The area of the proposal is not presently serviced. There are no adopted plans to
service the area. The area can, however. be serviced with no effect on existing water
pressure (65 p.s.i.) (L. Huff stutter, 6/12/97).
-- Sanitary Sewer: There is no existing sanitary sewer in the area. The capacity of the existing
sanitary sewer into which the area under consideration would discharge can adequately
accommodate additional flow (R. Morgan. 6/20/97).
211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 e (719) 543 -6006 9 Fax (719) 543 -0572
_ity of Pueblo. Planning and Zoning Commission
�ase No. A -97 -3
-uly 23, 1997
Page Two
-Storm Sewer: There is no existing storm sewer in the area. There is, however, surface drainage.
All development in the Goodnight Arroyo drainage basin will require detention: the
location and size will be determined with the subdivision plat (R. Morgan, 6/20/97).
Transportation: Existing traffic flow is "fair." The proposal will not significantly affect traffic
conditions (D. Centa. 6/20/97).
Other: A Phase II Environmental Study will be required to address issues of the proximity to
the old City landfill and any potential methane problems (R. Morgan, 6/20/97),
STATUTORY REQUIREMENTS WHICH EXIST FOR ANNEXING PURPOSES
1. That not less than one -sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous to the
existing City limits (contiguity may be established by the annexation of one or more parcels in a series.
which may be completed simultaneously and considered together for the purposes of the public hearing).
The Annexation consists of a single parcel of which is not less than one -sixth (1/6) of the perimeter of
the area proposed to be annexed is contiguous with existing boundaries of the City.
2. That a community of interest exists between the area proposed to be annexed and the City of Pueblo.
-- A community of interest exists between the area proposed to be annexed and the City of Pueblo.
3. That said area is urban or will be urbanized in the near future.
-- The area will be urbanized in the near future.
4. That the area is integrated or is capable of being integrated with the City of Pueblo.
-- The area is capable of being integrated with the City of Pueblo.
5. That this proposed Annexation extends no further than a 3 -mile distance from the existing Pueblo City
limits.
-- This Annexation extends the City limits approximately 600 feet to the west.
6. That a plan for the area within 3 miles of the existing Pueblo City limits has been prepared and will be in
place prior to completion of this proposed Annexation.
- The City of Pueblo Annexation Master Plan 1996 Update was approved by Pueblo City Council Resolution in
December, 1996.
7. That the area is greater than 11.27 acres. An Annexation Impact Report has been prepared and submitted to
the City Clerk and Board of County Commissioners.
The area consists of 11.27 - acres. An Annexation Impact Report has been prepared and submitted to the
City Clerk and Board of County Commissioners.
City of Pueblo. Planning and Zoning Commission
Case No. A -97
July 23. 1997
Page Three
ESTIMATED COSTS
Public Works: The Department of Public works has no improvements in the area to be annexed nor are
any anticipated.
-- Estimated Cost: None.
Police Protection: Upon Annexation. City police will have jurisdiction over the site.
Estimated Cost: None (Absorbed by Existing Service).
Fire Protection: Fire Station No. 7 is located approximately one -mile north of this site. This expanded
service area will not further impact the Fire Department.
-- Estimated Cost: None (Absorbed by Existing Service).
Sewer or Storm
Sewer Services: There are currently no City sanitary or storm sewer services serving this site. Future
improvements will be provided by the Developer.
Estimated Cost: None.
Parks /Recreation: There are no existing park sites within this proposed annexation area.
-- Estimated Cost: None.
Estimated
Departmental Costs: None.
Estimated Benefits: If the area remains in private ownership, additional property tax will be generated.
OTHER CONSIDERATIONS
Schools: The property lies within School District No. 60 boundaries. Approximately 22 children
(1.9 children per acre) will be generated at build -out. `his increase can be absorbed
into the present system.
ANALYSIS
The area proposed for annexation consists of 11.27 -acres bordering the west side of the developed Regency
Ridge Subdivision and a portion of undeveloped property to the south which was annexed in 1995. The property
is undeveloped with no roads or infrastructure in place. The proposed annexation appears to be a logical
extension of the existing City limit boundary. The property will be used for residential development.
A Phase II Environmental Study will be required to address issues of the proximity to the old City landfill
and any potential methane problems.
C -�y of Pueblo. Planning and Zoning Commission
-��e No. A -97 -3
, , 23, 1997
Page Four
S -AFF CONCLUSION
Approval of the proposal will provide additional property tax revenue to the City without imposing
ur expense or demand on existing City services.
PUBLIC HEARING MINUTES (JULY 9, 1997, SPECIAL MEETING)
Roger Fonda appeared before the Commission and said this annexation was approved before by the Commission but
Cit Council had some concerns which have been addressed. They are now back for the Commission's approval.
M Fonda said this parcel of land meets all the annexation requirements. He said he would rather develop
t ^e land in the City than in the County. Some of Council's concerns that have been addressed included
c control. site grade to meet sewer grade, maintenance of the arroyo. and testing of the soil to
assure no landfill material was found on the site.
"WISSION DECISION (JULY 9 1997 REGULAR MEETING)
V Verna. seconded by Mr. Reiff. moved to recommend approval. Motion carried 7 -0.
V ?M /sw
ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
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CITY C ITY OF PUEBLO
f2tal i e
ANNEXATION INFORMATION SHEET 1- 2(
Attached is a blank Petition For Annexation to be completed and
filed with the City Clerk of the City of Pueblo together with an
original and sixteen (16) prints of an annexation map and satisfactory
evidence of the names and addresses of all the owners of land within
the area proposed to be annexed. All petitioners must sign the
Petition For Annexation within 180 days before the date of filing with
the City Clerk. Prior to filing with the City Clerk all documents
must be reviewed by the City's Director of Zoning.
TO BE COMPLETED BY PETITIONERS
Name of Annexation: Regency Place II
Brief Description Of The Area Proposed To Be Annexed:
Park, 15th Filing & North of Schull s Siihdivi ci nn
Area commonly known and described as West of Kingsroyal Blvd. and North of Thames Drive
Location And Size In Acres: Section 9 , Township 21 South,
Range 65 , West of the 6th P.M., County of Pueblo, Colorado,
7.19 acres.
100% of Owners Yes ; Less than 100% of Owners
School District No. 60 ; Special Districts: Pueblo RPVinnal
Library Distric
Impact Report: If the area proposed to be annexed is more than 10
acres in size, a draft of an impact report meeting the provisions of
C.R.S. §31 -12 -108.5 is required to be prepared by Petitioners and
submitted to the City's Director of the Department of Planning and
Development on the same date the Petition For Annexation is filed with
the City Clerk.
Annexation Agreement: The City may require the Petitioners to enter
into an Annexation Agreement prior to the effective date of the annex-
ation. Such Agreement shall constitute conditions of annexation as
effectively as if set forth in the Petition For Annexation.
For Office Use Only Date Reviewed by Director of Zoning
1 -22 -98
Date Petition Filed Filing Fee $ -- C Paid -- c)
Resolution Finding Substantial Compliance adopted Z -9 -98_
Date of Public Hearing
3 -2 -98
; Notice of
Public Hearing
Published: a2- ILo -9%
A -a3 -98
3 -a -13 , and 3 -9 -98 ,
Copy of published Notice
and Petition
For Annexation
sent by Regis-
tered Mail on A_ -9 9
to Pueblo
County Board of
County Commis-
sioners, Pueblo � ount
LfacQ
Attorney, School
District No. ,- J _ , and
special district: Y, "Jn
J�ic-rrtc.} �
Sourheas� ern Coln
l ikje r Consrxant
Upon receipt of this Annexation Information Sheet, Petition For Annex-
ation, 16 prints of the annexation map, and evidence of ownership, the
City Clerk will forward copies of the Annexation Information Sheet and
Petition For Annexation together with the evidence of ownership and 12
prints of the annexation map to the Director of Zoning and refer the
Petition For Annexation to the City Council as a communication.
CITY OF PUEBLO
PETITION FOR ANNEXATION
TO THE CITY COUNCIL OF PUEBLO, COLORADO:
Pursuant to the Municipal Annexation Act of 1965 and C.R.S.
S31 -12- 107(1) the undersigned landowners within the area proposed
for annexation hereby petition the City Council of the City of
Pueblo for annexation to the City of Pueblo (herein "City") of the
following described unincorporated area located in the County of
Pueblo, State of Colorado:
A parcel of land located within the Southeast 1/4 of the Northwest 1/4 and the
Southwest 1/4 of the Northwest 1/4 of Section 9, Township 21 South, Range
65 West of the 6th Principal Meridian, Pueblo County, State of Colorado:
And being more particularly described as follows:
Beginning at a point on the South line of said Southeast 1/4 of the Northwest
1/4 of Section 9, said point also being the Southwest corner of Regency Park,
15th Filing as recorded in Book 2443 at Page 186 of the Pueblo County
Records:
Thence N 88° 26'26" W along said South line a distance of 994.92 feet;
Thence N.00 °00'00" E a distance of 484.57 feet: Thence S 89'19'52" E a
distance of 1000.48 feet to the West line of said Regency Paris, 15th Filing:
Thence S 00 °40" 18" W along said West line a distance of 500.00 feet to the
Point of Beginning. Total area to be annexed is 11.27 acres more or less.
As grounds for this annexation, petitioners state:
1. It is desirable and necessary that the area herein de-
scribed be annexed to the City.
2. Not less than one-sixth of the perimeter of the area
proposed to be annexed is contiguous with existing
boundaries of the City.
3. This petition for annexation has been signed by persons
comprising more than fifty percent (50 %) of the land-
owners in the area proposed to be annexed and owning
more than fifty percent (50 %) of the area, excluding
public streets, alleys, and any land owned by the City.
4. A community of interest exists between the area proposed
to be annexed and the City.
5. The area proposed to be annexed is urban or will be
urbanized in the near future.
6. The area proposed to be annexed is integrated with or is
capable of being integrated with the City.
7. No land held in identical ownership, whether consisting
of one tract or parcel of real estate or two or more
contiguous tracts or parcels of real estate:
(a) is divided into separate parts or parcels without
the written consent of the landowners thereof,
unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or,
(b) comprises twenty (20) acres or more and which,
together with the buildings and improvements
situated thereon has an assessed value in excess of
$200,000.00 for ad valorem tax purposes for the
year preceding the annexation, is included within
the territory proposed to be annexed without the
written consent of the landowner or landowners.
8. The mailing address of each signer, the legal descrip-
tion of the land owned by each landowner and the date of
signing of each signature are shown on this petition.
9. Attached to this petition is the affidavit of the circu-
lator of this petition that each signature hereon is the
signature of the person whose name it purports to be.
10. Accompanying this petition are an original and sixteen
(16) prints of an annexation map containing the follow-
ing information:
(a) A written legal description of the boundaries of
the area proposed to be annexed;
(b) A map showing the boundary of the area proposed to
be annexed. (Such map shall be prepared by and
contain the seal of a Colorado registered engineer
or land surveyor);
(c) Within the annexation boundary map there is shown
the location of each ownership tract in unplatted
land and, if part or all of the area is platted,
the boundaries and the plat numbers of plots or of
lots and blocks.
(d) Next to the boundary of the area proposed to be
annexed, a drawing of the contiguous boundary of
the City and the area proposed to be annexed with
the dimension of such boundary.
11. The area proposed to be annexed is not presently a part
of any incorporated city or town.
12. No part of the area proposed to be annexed is more than
three miles in any direction from any point of the
boundaries of the City as such was established more than
-2-
one year before this annexation will take place.
13. As conditions of and in consideration of the City annex-
ing the area proposed to be annexed, Petitioners, for
themselves and their heirs, personal representatives,
successors and assigns:
(a) waive and release all previously acquired or
existing vested property rights attached to or
established with respect to the area proposed to be
annexed and acknowledge and agree that the annexa-
tion of the area proposed to be annexed is not a
site specific development plan and no vested
property right shall attached to or be established
with respect to the area proposed to be annexed.
(b) acknowledge and agree that upon the annexation of
the area proposed to be annexed, the area shall
become subject to the Charter, ordinances, resolu-
tions, 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.
(c) "vested property right" and "site specific develop-
ment plan' shall have the same meaning as set forth
in Chapter 12 of Title XVII of the 1971 Code of
Ordinances of the City and Article 60, Title 24,
C.R.S.
14. Petitioners consent and agree to the following condi-
tions:
(a) Petitioners and the
Annexation Agreement
this annexation.
City shall enter into an
prior to the effective date of
(b)
(c)
(d)
(e)
WHEREFORE, Petitioners request that the City Council of
Pueblo approve the annexation of the above described area to the
City of Pueblo (all Petitioners must sign this Petition within 180
days prior to the date of filing with the City Clerk).
-3-
Signatures
Mailing
Address
Legal
Description
1.4No NvA4
Date of
Signing
Z2-
-4-
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
CIRCULATOR'S OATH
The undersigned of lawful age being first duly sworn upon
oath deposes and states that I circulated the foregoing Petition
For Annexation and that each signature therein is the signature of
the person whose name it purports to be.
Cir"ul or's Signature
Subsc ibed and sworn to before me thi day of iyu�
19�� by 1, n
My commission expires: -QS -Q/
[SEAL]
NotaryoPbblic
C OLORP O
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NOTICE OF PUBLIC HEARING
Notice is hereby given that on Monday, March 23, 1998, at 7:30 P.M, or as soon thereafter as City
Council business allows, in the City Council Chambers, Second Floor, City Hall, #1 City Hall Place,
Pueblo, Colorado, the City Council of the City of Rieblo, Colorado will hold a Public Hearing on the
Petition for Annexation of the hereinafter described area to determine if the area meets the
applicable requirement of C.R.S 31 -12 -104 and 31 -12 -105, and is eligble for annexation under the
Municipal Annexation Act of 1965 All interested persons may appear at said hearing and present
evidence upon any matter to be determined by the City Council. The Petition for Annexation is
available for public inspection and acquisition in the Office of the City Clerk.
AREA TO BE ANNEXED:
A parcel of land located within the Southeast 1/4 of the Northwest 114 and the
Southwest 114 of the Northwest 114 Section 9, Township 21 South, Range 65 West,
of the 6th Principal Meridian, Pueblo County, State of Colorado:
And being more particularly described as follows:
Beginning at a Point on the South line of said Southeast 1/4 of the Northwest 1/4 of
Section 9, said Point also being the Southwest comer of Regency Park, 15" Filing
as recorded in Book 2443 at Page 186 of the Pueblo County Records:
Thence N 88° 26'26" W along said South line a distance of 994.92 feet,
Thence N 00° 00' 00" E a distance of 464.57 feet,
Thence S 89° 19' 52" E a distance of 1000.48 feet to the West line of said Regency
Park, 15° Filing;
Thence S 00° 40' 18" W along said West line a distance of 500.00 feet to the Point
of Beginning.
PROPOSED NEW CITY LIMITS LINE
Beginning at a Point on the South line of the Southeast 1/4 of the Northwest 1/4 of
Section 9 (Existing City Limits Line):
Thence N 88° 26' 26" W along said south line a distance of 631.23 Feet,
Thence N 00° 00'00" E a distance of 484.57 Feet;
Thence S 89° 19' 52" E a distance of 1000.48 Feet to the West line of said Regency
Park 15" Filing (Existing City Limits Line)
CERTIFICATION OF PERIMETER
29 0% of the boundary cf the land described in area to be annexed is presently the
Existing City Limits Line.
Total area to be annexed is 1127 acres more or less
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo,
Colorado, this 16" day of February, 1998.
(S E A L) Gina Dutcher
City Clerk
1st Publication: February 16, 1998
2nd Publication: February 23, 1998
3rd Publication: March 2, 1998
4th Publication: March 9, 1998
6 ,
September 16, 1997
RRDC2 LLC
1721 Highway 50 West
Pueblo, Colorado 81008
Attn.: Mr. Roger Fonda
Re: Review of Methane Analysis Results
Limited Phase 11 Exploration
Proposed Regency Ridge Development
40 Acres south of Kingsley Avenue, Pueblo, Colorado
Terracon Project No. 23977603
Irerracon
CONSULTANTS WESTERN, INC.
EMPIRE DIVISION
740 Wooten Road, Suite 108
Colorado Springs, Colorado 60915
(719) 597 -2116 Fax; (719) 597 -2117
C. Kirk Fraser, C.P.G.
Scott D. Neely, P.E.
Jerry W. Hai!9, C.P.G.
Richard E. Webb, P.E.
Terracon Consultants Western, Inc. (Terracon) has reviewed the results of the field screening
for methane and laboratory analysis of samples obtained from three (3) methane monitoring
wells installed on the above referenced site. These wells were installed as part of a limited
geotechnical and environmental assessment at the subject site for landfill materials and the
potential presence of methane gas. Please see Terracon's report dated July 14, 1997
(Terracon Project Number 23977603) for additional details concerning installation and field
screening of the methane monitoring wells. Terracon also performed a preliminary
geotechnical exploration for the southern portion of the subject site in September 1996
(Terracon Project Number 23965062). Based on information by Mr. Roger Fonda, a "burn"
landfill is suspected to exist near the west edge of the proposed development. Part of the work
scope performed by Terracon was to obtain information regarding the potential presence of
landfill materials and high concentrations of methane at the subject site.
Based on information contained in the two (2) previously referenced reports, soils observed
during the performance of soil borings within the presently proposed subject site boundaries did
not appear to be soils normally associated with landfill activities.
In addition, per the 40 Code of Federal Regulations (CFR) Part 258.23 and 6 Code of Colorado
Regulations (CCR) 1007 -2, Section 2.31(B), Regulations Pertaining to Solid Waste Disposal Sites
and Facilities, the methane concentration at the boundary of a landfill may not exceed five percent
(5 %) by volume in air. Based upon the field screening of samples obtained during the site
assessment and laboratory results from samples obtained from the three (3) methane monitoring
wells performed during the assessment activities performed in July 1997, methane concentrations
were not observed above the previously described regulatory guidelines. Methane concentrations
observed during field screening ranged from below detection limits to 0.02% by volume in air.
Methane concentrations observed during laboratory analysis of samples was below laboratory
Offices of The Terracon Companies, Inc. Geotechnicat, Environmental and Materials Engineers
Arizona U Arkansas C Colorado ■ Idaho ■ iliinois ■ Iowa ■ Kansas ■ Minnesota
Missouri It Montana ■ Nebraska ■ Nevada ■ Oklahoma 1 Tennessee ■ Texas ■ Utah m Wyoming
QUALITY ENGINEERING SINCE 1965
Proposed Regency Ridge Development
Pueblo, Colorado
Project No. 23977603
September 16, 1997
Terracon
detection limits of 2.0 micrograms per liter of air (µg/Q. These results are applicable only to the
specific time and location of the samples.
Based on the information contained in the previously referenced reports, landfill materials were
not observed in the soil borings performed to the depths indicated at locations within the present
boundaries of the subject site. In addition, observed methane gas concentrations were well below
the regulatory limits for methane at the boundary of a landfill. Based on the information discussed
in this report regarding the potential presence of landfill materials and high concentrations of
methane gas, it appears that the subject site could be developed as proposed.
The information presented in this report is based upon data obtained from field exploration. The
nature and extent of variations beyond the location of test borings may not become evident until
construction. The results of methane analysis reflects concentrations observed in samples
obtained during field activities. These results are applicable only to the specific time and location
of the samples. Results obtained at other locations and /or time may vary. If variations then
appear evident, it may be necessary to conduct additional field exploration activities.
Our professional services were performed using that degree of care and skill ordinarily exercised,
under similar circumstances, by reputable geotechnical environmental engineers practicing in this
or similar localities. No warranty, express or implied, is made.
We have appreciated being of service to you in this phase of this project, and are prepared to
assist you during the design and construction phases as well. If you have any questions
concerning this report or any of our testing, inspection, design and consulting services, please do
not hesitate to contact us.
Sincerely,
TERRACON CONSULTANTS WESTERN, INC.
C. Kirk Fraser, C.P.G.
Associate Principal
Scott D. Ne
Proje er
CKF \SDN \N:\ PROJECTS \23977603\REPORTS\Methane2. DOC
PETITION FOR DISAPPROVAL OF "AN ORDINANCE A THE AREA COMMONLY KNOWN
AND DESCRIBED AS WEST OF KINGSROYAL BOULEVARD AND NORTH OF THAMES DRIVE "
also called "Regency Place II" by Petitioners and further described by them
as "West of Regency Park, 15th Filing & North of Schulls Subdivision ".
March 23, 1998
WE, THE UNDERSIGNED, being homeowners in Regency Park subdivision of the
m City of Pueblo, Colorado, do hereby petition the City Council of Pueblo,
Colorado as follows:
WHEREAS, we believe annexation of the area "WEST OF KINGSROYAL BOULE-
VARD AND NORTH OF THAMES DRIVE" would be detrimental to the well being of
property owners in the vicinity, and to the City as a whole, because of the
immediate proximity to the old City Dump in its existing condition; and
WHEREAS, we believe development of this area would be much better
served if incorporated into comprehensive long -range planning 'of the
Goodnight Arroyo drainage basin and the proposed Bandara Boulevard; and
WHEREAS, the immediately adjacent property has experienced storm water
drainage problems during heavy rains due to the elevation of the ground in
the proposed annexation area, and the developer has stated he intends to
extend development to the very limit of the sanitary sewer elevation that
is necessary for service, which we believe would require even higher ground
levels than now exist, exacerbating the potential flooding problems:
THEREFORE, WE PETITION CITY COUNCIL TO DISAPPROVE THE ANNEXATION ORDINANCE
HOWEVER, since Council, in spite of the foregoing objections, may
nevertheless approve the annexation:
WE FURTHER PETITION COUNCIL to provide some measure of protection to the
existing property owners against increased flooding danger by amending the
ordinance prior to a final vote to require Annexation Petitioners to enter
into Annexation Agreements with the City substantially as follows:
#1. "The finished grade level of any street or developed land, lawn,
or other ground surface in the annexed area shall be no higher in elevation
than the existing grade of the land in its original natural state, and
other drainage control means shall also be provided to prevent increased
water runoff onto previously developed property," and
#2. "The Property Developer shall be required to post SURETY BONDS
in the amount of ONE MILLION DOLLARS to pay for damage resulting from any
elevated grade level which is in violation of Annexation Agreement #1."
Address
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Signature of Property Owner
PETITION FOR DISAPPROVA OF "AN ORDINANCE ANNE M, THE AREA COM ONLY KNOWN
AND DESCRIBED AS WEST OF KINGSROYAL B011LET ARD AND NORTH OF THAMEZ DRIVE"
Signature of Property Owner
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PETITION FOR DISA PPROV AL Off' "AN ORDINANCE A';* 7Nf THE AREA N, dLY KNOWN
AND DESCRIBED AS WEST OF KINGSROY 'L B0'L YARD AND NORTH OF THATIES DRIVE"
S ignature of Property Omer
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• P ETITION FOR DISAPPROVAL OF "AN ORDINANCE ANNEXINC THF, AREA C OMMONLY KNOWN
AND DESCRIBED AS WEST OF KINGSROYAL BOTTLEVARD AND NORTH OF THA.IHS DRIVE"
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Signature of Propertv Owner
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P ETITION FOR DISA OF "AN ORDINANCE ANti , T XING THE AREA MITIONLY KNOWN
AND DMCRIB'ED AS WEST OF K BOIIL -YARD AND NORTH OF THAI a DRIVE
Signature of Property Owner Address
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