HomeMy WebLinkAbout06574Reception 1351808
09/27/2000
ORDINANCE NO. 6574
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AND DESCRIBED AS 5111 THATCHER AVENUE
WHEREAS, the City Planning and Zoning Commission has recommended that
the 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, 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 Annexation Agreement which is hereby approved, and the official
map of the City shall be amended to show such annexation:
Those parcels described in that Correction Warranty Deed filed for record
May 15, 2000, as Reception No. 1333210 in the records of the Pueblo
County Clerk and Recorder which reads as follows:
All that portion of the southwest 1/4 of Section 33, Township 20 South,
Range 65 West of the 6th P.M., bounded and described as follows:
Commencing at a stone, being the southeast corner of Section 33, Township
20 South, Range 65 West of the 6th P.M.; thence westerly along the section
line between Section 33 Township 20 South, Range 65 West and Section 4,
Township 21 South, Range 65 West of the 6th P.M., a distance of 3501.27
feet to a point; thence northerly at an angle of 90 deg. 00 min. to the right,
a distance of 23.0 feet to the POINT OF BEGINNING, said POINT OF
BEGINNING, being on the north right of way line of the County road;
thence continuing northerly a distance of 295.17 feet to a point; thence
westerly at an angle of 90 deg. 00 min. to the left, a distance of 295.17 feet
to a point; thence southerly at an angle of 90 deg. 00 min. to the left, a
distance of 295.17feet to a point; said point being on the north right of way
line of the County Road; thence easterly at an angle of 90 deg. 00 min. to the
left, along the north right -of -way line of the County Road, a distance of
295.17 feet to the point of beginning,
1 1 HIM 1111 IN
1351808 09/27/2000 02:58P ORD Chris C. Munoz
SECTION 2. 2 of 2 R 10.00 D 0.00 Pueblo Ct.y Clerk & Rec
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 immediately upon final passage and the
annexation shall be effective for ad valorem tax purposes on and after January 1, 2001.
INTRODUCED August 14, 2000
By Rich Golenda
Co cilperson
ATTEST:
APPROVED
President of the Council
City Clerk
PASSED AND APPROVED
8/4/00
D ED O
D
City of Pueblo
DEPARTMENT OF ZONING ADMINISTRATION
211 E. "D" STREET
PUEBLO, COLORADO 81003
A -00 -3
TO:
FROM:
DATE:
SUBJECT:
Pueblo City Council
City of Pueblo, Planning & Zoning Commission
August 7, 2000
STAFF SUMMARY OF A -00 -3 — Annexation Request for 5111
Thatcher Ave
SYNOPSIS
ISSUES:
CONCURRENT
REQUESTS:
RECOMMENDATIONS
Applicant wishes to annex his property of under 10 acres into the
City of Pueblo.
The following checked boxes identify areas where staff has found
significant concerns in this case:
106 M,
Approval of this annexation is dependent upon the applicant
addressing the concerns of staff as noted in this report.
GENERAL INFORMATION:
Applicant:
Owner of Property:
Location of Property:
Size of Property:
Existing Zone District
Request:
Purpose:
Ruth and John Grisham
same
5111 Thatcher Avenue
2.57
County — commercial via special use permit
Annexation into the City of Pueblo
to receive City water and sanitary sewer
Incomplete
submittal:
Landscape
requirement:
Other:
Zoning:
Transportation:
Drainage:
Land Use.
Neighborhood:
Parks:
Sewer:
Public facilities:
Water:
106 M,
Approval of this annexation is dependent upon the applicant
addressing the concerns of staff as noted in this report.
GENERAL INFORMATION:
Applicant:
Owner of Property:
Location of Property:
Size of Property:
Existing Zone District
Request:
Purpose:
Ruth and John Grisham
same
5111 Thatcher Avenue
2.57
County — commercial via special use permit
Annexation into the City of Pueblo
to receive City water and sanitary sewer
Planning and Zoning Commission
A -00 -3
2
ZONING, LAND USE, AND NEIGHBORHOOD COMPATIBILITY
- The property is zoned residential in the County and has a special use permit for
mini- storage warehouse rentals. The use is compatible with surrounding land
uses.
The perimeter of the area proposed for annexation has at least one -sixth contiguity
with the City of Pueblo.
The property is a logical extension of the City's boundary and municipal services.
TRANSPORTATION:
City Transportation Department: There are no transportation or traffic impacts
The Colorado Department of Transportation: If the annexation is approved,
CDOT requests that an application for access permit be submitted to the City and
CDOT for a change in use for review. Drainage to the state highway right of way can
not exceed the undeveloped historic rates. All rates in excess of historic shall be
detained on site and released at historic rates. (See attached letter for CDOT history
of this property.
T TTTT,TTTF,S:
Sanitary Sewer: Upon approval of this annexation, this area will be within the service
area for the City of Pueblo wastewater collection system and sanitary sewer service will
be available. A public sanitary sewer currently exists in Thatcher Avenue. Depending on
future development, a sanitary sewer main or service line extension will be required to
serve this area and the property owner will need to determine if the proposed
development can be served by a gravity drained system. The Wastewater Department
does not oppose this annexation.
Storm Sewer and Drainage: The applicant will need to provide on -site detention at
the time of subdivision.
Water: The property currently receives water from the Board of Water Works through
an Extra - territorial Water Service Agreement.
PUBLIC FACILITIES:
Park Requirement: None
Planning and Zoning Commission
A -00 -3
3
STAFF CONCLUSION:
The perimeter of the area proposed for annexation has at least one -sixth contiguity with
the City of Pueblo and is a logical extension of the City's boundary and municipal
services. Approval of this annexation is dependent upon the applicant addressing the
concerns of staff as noted in this report.
PUBLIC HEARING MINUTES (JUNE 14, 2000, SPECIAL MEETING
Rocky Mangini, Mangini & Associates, appeared before the Commission representing
the applicant. He said this property is north of Thatcher and across the street and to the
west of the proposed Bandera Boulevard. It currently has a single - family residence on it
and some mini - storage units on it. They want to be annexed to the City to receive sanitary
sewer. They plan to demolish the existing residence and build a new house and add more
new storage units. He said they would build and maintain a drainage detention pond and
release the water into the Bessemer ditch as it is done now.
Mr. Mangini alluded to the Subdivision Review Committee memorandum, which informs
them that the legal description has errors in it. They have called Transnation Title who
did the title work. They have contacted an attorney in Denver on this matter. Mr. Mangini
said the people who sold the property to the Grishams are alive and still living in Pueblo.
Transnation Title will correct the error and re- record the deed so both the description on
the deed and the annexation plat will match.
Mr. Thomas asked if this was the legal way to do this. Mr. Willumstad replied that it was
and the new deed must be recorded before the annexation plat is recorded.
No one else appeared to be heard. Chairman Soldan made the staff report a part of the
record and closed the hearing.
COMMISSION DECISION (MAY 10, 2000, REGULAR MEETING)
Mrs. Depatie, seconded by Mr. Lytle, moved to recommend approval subject to the legal
description on the deed being corrected and recorded prior to the ordinance proceeding to
City Council. Motion carried 7 -0.
ATTACHMENTS: A. ZONING /LOCATION MAP
B. SITE PHOTOGRAPHS
Zoning map here
CITY OF PUEBLO
ANNEXATION INFORMATION SHEET
r F�! ��
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Attached is a blank Petition For Annexation to b comp,l ted an
filed with the City Clerk of the City of Pueblo to e'r' with a/
original and sixteen (16) prints of an annexation map and fact "ocy
evidence of the names and addresses of all the owners of a - ( 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: ,Q .�1�/ �IUC, & & - 2n n. 'o , / 6 C
Brief Description Of The Area Proposed To Be Annexed:
� 14 77
Location And Size In Acres: Section 3 �) , Township p South,
Range 66 , West of the _ h 7t� P.M., County of Pueblo, Colorado,
a.S7 -acres.
100% Of Owners X Less than 100% of Owners
Schcol District No. 66 ; Soecial Districts:
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. 531 -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 Citv 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
Date Petition Filed Filing Fee $ Paid
Resolution Finding Substantial Compliance adopted
Date of Public Hearing Notice of Public
Published: and
Copy of published Notice and Petition For Annexation sent by
tered Mail on to Pueblo County Board of County
sioners, Pueblo County Attorney, School District No.
special district:
Regis -
Commis-
, and
Upon receipt of this Annexation In 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.
Hearing
PROPOSED NEW CITY LLl-IITS LINE:
BEGINNING at the southwest corner of that parcel described in that deed, recorded in
and being Book 2676 at Pages 386 -388, said point also being on the existing City Limits
line, from which the southeast corner of Section 33 bears S 89 °43'59 "E, a distance of
3797.22; thence N 00 °03'05 "W, a distance of 656.62 feet, to a point on the southerly
right -of -way line of the Bessemer Ditch; thence N 86 °21'50 "E, along said southerly
right -of -way line, a distance of 161.29; thence S 00 °03'05 "E, a distance of 586.92 feet;
thence S 89 °58'30 "E along the northerly right -of -way line of Thatcher Avenue, a
distance of 65.00 feet; thence S 00 0 03'05 "E, a distance of 80.00 feet to the POINT OF
TERMINUS on the southerly right -of -way line of Thatcher Avenue.
Said parcel contains 2.57± acres, more or less.
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.
531 -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:
t i r
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 Citv.
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
." P-C
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 City shall enter into an
Annexation Agreement prior to the effective date of
this annexation.
(b)
(c)
(d)
(e)
WHEREFORE, Petitioners request that the City Council of
Pueblo approve the annexation of the above described area to the
Citv of Pueblo (all Petitioners must sign this Petition within 180
days prior to the date of filing with the City Clerk).
Ma
ANNEXATION PARCEL:
Those parcels described in that Warranty Deed riled for record August 26, 1993 in Book
2676 at Page 386 to 388 in the records of the Pueblo County Clerk and Recorder which
reads as follows:
All that portion of the southwest '/4 of Section 33, Township 20 South, Range 65 West of
the Sixth Principal Meridian, bounded and described as follows:
COMMENCING at a stone, being the southeast corner of Section 33, Township 20
South, Range 65 West of the Sixth Principal Meridian; thence westerly along the section
line between Section 33, Township 20 South, Range 65 West and Section 4, Township 21
South, Range 65 West of the Sixth Principal Meridian, a distance of 3501.27 feet to a
point; thence northerly at an. angle of 90 °00'00" to the right, a distance of 23.00 feet to
the POINT OF BEGINNING, said POINT OF BEGINNING being on the north right -
of -way line of the county road; thence continuing northerly a distance of 295.17 feet to a
point; thence westerly at an angle of 90 °00'00" to the left, a distance of 295.17 feet to a
point; thence southerly at an angle of 90 0 00'00" to the left, a distance of 295.17 feet to a
point; said'point being on the north right -of -way line of the county road; thence easterly
at an angle of 90 °00'00" to the left, along the north right -of -way line of the county road,
a distance of 295.17 feet to the POINT OF BEGINNING,
EXCEPTING THEREFROM the east 13420 feet in width, particularly described
in that certain Warranty Deed recorded in Book 825 at Page 406 of the Pueblo County
records,
ALSO that portion of the southwest' /4 of Section 33, Township 20 South, Range 65 West
of the Sixth Principal Meridian, bounded and described as follows:
COMMENCING at a stone, being the southeast corner of Section 33, Township 20
South, Range 65 West; thence westerly along the section line between Section 33, in
Township 20 South, Range 65 West of the Sixth Principal Meridian and Section 4,
Township 21 South, Range 65 West of the Sixth Principal Meridian, a distance of
3635.47 feet, more or less, to a point; thence northerly 381.17 feet, more or less, to a
point which is the POINT OF BEGINNING; thence westerly 160.97 feet, more or less,
to a point; thence northerly 240.72 feet, more or less, to a point on the south right -of -way
line of the Bessemer Ditch Company ditch; thence to the right at an angle of 86 °21'30" in
an easterly direction along the south line of the right -of -way of the Bessemer Ditch
Company ditch, a distance of 161.29 feet, more or less, to a point; thence to the right in a
southerly direction at an angle of 90 °38'30 ", a distance of 250.96 feet, more or less, to
the POINT OF BEGINNING, County of Pueblo, State of Colorado.
PROPOSED NEW CITY LIMITS LINE:
BEGINNING at the southwest corner of that parcel described in that deed, recorded in
and being Book 2676 at Pages 386 -388, said point also being on the existing City Limits
line, from which the southeast corner of Section 33 bears S 89 °43'59 "E, a distance of
3797.22; thence N 00 °03'05 "W, a distance of 656.62 feet, to a point on the southerly
right- of-way line of the Bessemer Ditch; thence N 86 °21'50 "E, along said southerly
right -of -way line, a distance of 161.29; thence S 00 °03'05 "E, a distance of 586.92 feet;
thence S 89 °58'30 "E along the northerly right -of -way line of Thatcher Avenue, a
distance of 65.00 feet; thence S 00 °03'05 "E, a distance of 80.00 feet to the POINT OF
TERMINUS on the southerly right -of -way line of Thatcher Avenue.
Said parcel contains 2.57± acres, more or less.
na t-zi r_ es
Mailing
Address
Legal
Description
Date of
Sicninc
-4-
STATE OF COLORADO
COUNTY OF PUEBLO
ss.
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.
irculator' Signa'tture
Subscribed and sworn to before me this � day of
by LL u ih al e, Jtkn (4r i sha. rr.,!
My commission expires: C ti j 1(?'2,
[ SEAL ] ItIl III Mldp,,
��gARA
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0 - a_c��
Notary Public
-5-
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: A -00 -3 ANNEXATION :5111 Thatcher Ave.
DATE: May 5, 2000
There are several problems with this annexation plat. The legal description based on
the property survey does not match the deed of record. Also, the boundary described in
the legal description on the annexation plat does not match the description of the
existing City Limit boundary. The surveyor has been made aware of these problems, but
has not yet submitted a revised plat addressing these problems.
The Subdivision Review Committee recommends that this plat be HELD until the
changes and corrections to the plat have been made and approved by the Director of
Public Works.
xc: John Grisham
5111 Thatcher Ave.
Pueblo, CO 81004
Mangini & Associates
4718 N. Elizabeth St., Suite A
Pueblo, CO 81008
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CITY OF PUEBLO
DEPARTMENT OF PLANNING AND D EVELOPMENT
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CASE: ANNEXATION EXHIBIT ZONING 1 LOCATION MAP
LOCATION: 5111 THATCHER A -00 -3
REQUEST: ANNEXATION INTO THE CITY OF PUEBLO
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CASE: ANNEXATION EXHIBIT ZONING 1 LOCATION MAP
LOCATION: 5111 THATCHER A -00 -3
REQUEST: ANNEXATION INTO THE CITY OF PUEBLO
Annexation to the City of Pueblo
A portion of Ow SW 1/4 of Section A Township 20 South, Range 65 West of Me S&M Prfncoal Merldfan, being the
W 1/2 of ce 22 and 25 of tM unrecorded plot of the Mad Tracts. Pueblo County, Colorado.
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STA O F COL
DEPARTMENT OF TRANSPORTATION
Region 2 - Access OI`
P.O. Box 536
Pueblo, Colorado 81002
Tel: (719) 546 -5403
Fax (719) 546 -5414
April 24, 2000 SH96
City of Pueblo
Kathy Green
Department of Planning
211 E. "D" Street
Pueblo, CO 81003
RE: Annexation — A -00 -3— 5111 Thatcher Avenue
Dear Ms. Green:
The Colorado Department of Transportation (CDOT) has reviewed the information submitted to the
Department on Wednesday April 19, 2000 requesting approval for an annexation to the City of Pueblo
located at 5111 Thatcher Avenue (SH 96) in Pueblo. We have the following comments:
• The CDOT issued an access permit to John R. and Ruth N. Grisham on June 3, 1994 to allow access to
one - single family dwelling and a mini- warehouse containing approximately 28,000 square feet. In
November, 1998 the CDOT responded to Pueblo County for a 2 "d amendment to a special use permit
to allow an additional 51 mini - storage units and a residence requesting traffic counts for the increase in
storage unit. It was later determined by the Department that counts were not required, but that an
application for access permit for a change in use (i.e. increase in traffic and storage units) would need
to be submitted to the CDOT. In February, 1999, also in response to a zoning variance and Special Use
Permit amendment to Pueblo County, the CDOT again requested a new application for access permit
be submitted for review. An application was never received. If the annexation is approved, CDOT
requests that an application for access permit be submitted to the City and CDOT for a change in use
for review.
• Drainage to the state highway right of way can not exceed the undeveloped historic rates. All rates in
excess of historic shall be detained on site and released at historic rates.
If you have any questions, please contact me in Pueblo at (719) 546 -5707.
Sincerely,
Jac ki Hall
Access anager
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