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HomeMy WebLinkAbout06684Reception 1389846
06/27/2001
ORDINANCE NO. 6684
AN ORDINANCE ANNEXING THE AREA COMMONLY
KNOWN AND DESCRIBED AS WEST OF CHERRY CREST
DRIVE, NORTH OF RED CREEK SPRINGS ROAD
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, 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:
• parcel of land located in the County of Pueblo, State of Colorado, to -wit:
• parcel of land being a part of Section 4, Township 21 South, Range 65 West of
the 6th Principal Meridian, more particularly described as follows:
BEGINNING at the Northwest corner of Regency Crest Subdivision, A Special Area
Plan, according to the plat recorded at Reception No. 1175639 in the records of the
Pueblo County Clerk and Recorder, also being on the South right -of -way of St. Clair
Avenue and lying on the existing city limit line;
Thence S03 °18'38 "W along the West line of said recorded subdivision also being
the existing city limit line, a distance of 1641.38 feet to a point on the North right -of
way of Red Creek Springs Road;
Thence N88"37'21 "W" along said North right -of -way also being the existing city limit
Line A distance of 5,80.33 feet;
Thence NO3 °18'38 "E leaving the existing city limit line a distance of 1542.63 feet;
Thence N87 °26'01 "W a distane of 18.51 feet;
Thence NO2 °33'59 "E a distance of 111.22 feet to a point on the South right -of -way
of St. Clair Avenue, if extended Westerly;
Thence S87 °23'29 "E along said South right -of -way a distance of 599.99 feet to the
POINT OF BEGINNING.
Said parcel contains 21.99 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 immediately upon final passage and the
annexation shall be effective for ad valorem tax purposes on and after January 1, 2002.
March 26
INTRODUCED 2001
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City Clerk
PASSED AND APPROVED: May 29, 2001
032001
Reception 1519568
08/13/2003
ANNEXATION AGREEMENT
CASE NO. A -00 -04
This Annexation Agreement entered into as of ' Au 7 -5 20_Qj, by and
between the City of Pueblo, a Municipal Corporation, (the "City") and TttE PR6Cm2
FAMlL- PARTPU6 . I-LLP (the
"Petitioner "), WITNESSETH
WHEREAS, the Petitioner is the owner of the real property located in Pueblo County,
Colorado, and described in Exhibit "A" attached hereto and incorporated herein (the "Property");
WHEREAS, the Petitioner has submitted a petition for the annexation of the Property to the
City; and
WHEREAS, as a condition precedent to the annexation of the Property, Petitioner has agreed
to enter into an annexation agreement with the City setting forth certain terms and conditions with
respect to such annexation.
NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions set
forth herein, the City and Petitioner agree as follows:
I, REPRESENTATION AND WARRANTIES OF PETITIONER
Petitioner hereby represents and warrants to, and covenants with, the City as follows:
(1) Petitioner is an (individual) (a L L L R duly organized and validly
existing under the laws of Col-ORAD6 ) ( strike and complete as applicable).
(3) Petitioner is authorized to, and has taken all action required by it (a) to annex the
Property to the City and (b) to execute, deliver and perform its obligations under this Annexation
Agreement, and (c) to carry out and consummate all of its transactions contemplated by this
Annexation Agreement.
(4) This Annexation Agreement when executed and delivered, constitutes a valid and
legally binding obligation of the Petitioner enforceable against Petitioner according to its terms.
(5) Neither the execution and delivery of this Annexation Agreement nor the fulfillment
of or compliance with its terms and conditions, nor the consummation of the transactions
contemplated hereby, conflicts with or results in a breach of the terms, conditions or provisions or
CA 2/14/01
any restriction or any agreement or instrument to which the Petitioner is bound, or constitutes a
default under any of the foregoing.
(6) There is no litigation pending, or to the knowledge of Petitioner threatened, against
the Petitioner or any person affecting the right of the Petitioner to execute this Annexation
Agreement or to comply with the provisions hereof.
(7) The representations and warranties of Petitioner contained herein will be true and
correct in all material respects as of the date of recording the annexation plat and Ordinance of the
City Council approving the annexation of the Property, as if made on the date of such recording.
H. MASTER DEVELOPMENT PLAN
Petitioner will prepare and submit or cause to be prepared and submitted to the Planning and
Zoning Commission for approval a Master Development Plan for the Property. The Master
Development Plan shall be prepared in consultation with the City's Subdivision Review Committee
and Department of Planning and Development and submitted in its entirety to the Planning and
Zoning Commission. The Master Development Plan will comply with the policies of the Pueblo
Regional Comprehensive Development Plan existing as of the date the Master Development Plan
is approved, and will be designed to address, identify and resolve all development, drainage, utilities,
traffic and other infrastructure needs and requirements and the wide range of planning and
development issues involved in and with respect to the development of the Property. The Master
Development Plan as submitted and approved by the Planning and Zoning Commission will have
the flexibility to adapt to changing conditions over the estimated time period for the development
of the Property and shall consist of the following; (a) Development Plan, (b) Drainage Plan, (c)
Sanitary Sewer Plan, (d) Transportation Plan, and (e) Environmental Study:
(1) Development Plan The Development Plan shall be prepared in accordance with the
requirements of Sections 12- 4- 5(a)(2) and 12- 4 -6(a) of the Pueblo Municipal Code. A development
plan establishing the anticipated phasing of the development of the Property shall be prepared as part
of the Development Plan.
(2) Drainage Plan The Drainage Plan shall be prepared in accordance with the Storm
Drainage Design Criteria and Drainage Policies for the City of Pueblo, Colorado, published June 9,
1997, or as same may hereafter be amended (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. Water quality management and erosion control measures will be
incorporated in the Drainage Plan to meet future NPDES requirements. Associated impacts on
City's existing and proposed surface water drainage system shall be identified in the Drainage Plan,
and those impacts which are reasonably attributable to the development of the Property as
determined by the City, in its sole discretion, shall be mitigated through surface water drainage
-2-
improvements installed by and at the expense of the Petitioner. The Drainage Plan shall include a
phasing plan or schedule for such improvements. Storm water detention facilities, designed and
constructed in accordance with the MANUAL, may be used to mitigate the increased runoff due to
development of the Property.
(3) Sanit= Sewer Plan The Sanitary Sewer Plan shall be prepared in accordance with
the Sanitary Sewer Design Criteria and Policies for City of Pueblo published May 12, 1999, or as
same may hereafter be amended, and be certified 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 sanitary sewer drainage basin of which the Property is a
part. The sewer drainage basin shall be approved by the Director of Public Works. Associated
impacts on City's existing non - backbone system (less than 15 -inch diameter) and proposed sanitary
sewer system shall be identified in the Sanitary Sewer Plan, and those impacts which are reasonably
attributable to the development of the Property as determined by the City, in its sole discretion, shall
be mitigated through the installation of sanitary sewer improvements installed by and at the expense
of the Petitioner. The Sanitary Sewer Plan shall include a phasing plan or schedule for such sanitary
sewer improvements.
If sanitary sewers within the Property are oversized to serve future development outside the
Property but within the sewer drainage basin, an Agreement to partially recover cost of constructing
oversized or off -site sewer collection system improvements ( "Agreement ") will be entered into
between the Petitioner and the City in accordance with Chapter 5, Title XVI of the Pueblo
Municipal Code or as same may hereafter be amended.
If sanitary sewers are constructed downstream from the Property which will serve future
development outside the Property but within the sewer drainage basin, the Agreement may include
provisions allowing the Petitioner to be reimbursed in accordance with said Chapter 5 of the City's
ordinances.
The Agreement will comply with the City's then existing applicable ordinances but shall not
require any cost recovery from the City except to the extent that funds therefor are made available
by Resolution of the City Council pursuant to Section 16 -11 -4 of the Pueblo Municipal Code or as
same may hereafter be amended for oversizing the sanitary sewer system within the Property.
(4) Transportation Place The Transportation Plan shall be prepared 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. Associated impacts on City's existing and proposed traffic and
roadway systems shall be identified in the Transportation Plan and studies, and those impacts which
are reasonably attributable to the development of the Property as determined by the City, in its sole
discretion, shall be mitigated through traffic improvements constructed and installed by and at the
expense of the Petitioner (such as, but not limited to, traffic signals, signal interconnect, conduit and
wire, deceleratibn/acceleration lanes, and median islands). The Transportation Plan shall include
-3-
a phasing plan or schedule of such traffic improvements. If street improvements through or adjacent
to property outside the Property are required to be constructed, the Petitioner will pay the entire cost
of such improvements and thereafter be eligible for such cost recovery as may be provided under
Section 12 -4-12 of the Pueblo Municipal Code or as same may hereafter be amended, but shall not
be eligible for any cost recovery from the City.
(5) Environmental Studies In addition to the requirements of Section 12- 4- 6(b)(3) of
the Pueblo Municipal Code, if the Property includes any land that is adjacent to or has previously
been used for solid waste disposal by land filling, the Petitioner at its expense, shall provide the City
with a Phase I Environmental Study of the Property and a further in -depth study of any potential
methane gas presence on, or migration from or to the Property. Such studies shall be performed by
Professional Engineers competent in environmental engineering. The boundaries of the landfill area
shall be identified on the Master Development Plan and shall be tested for the presence of methane
gas in accordance with procedures approved by the appropriate State Agencies and the results
summarized as a comparison to State and Federal regulatory limits of the landfill area and at the
exterior boundary of the landfill area.
Petitioner may submit the Master Development Plan to the Planning and Zoning Commission
for approval any time after the City Council has found the petition for annexation of the Property to
be valid in accordance with the provisions of section 31 -12 -107, C.R.S.; provided however, that the
proposed Master Development Plan shall not be approved prior to the time the ordinance annexing
the Property is approved on final presentation. The City may refuse to approve any building or
occupancy permit for any portion or all of the Property until after a Master Development Plan is
approved.
III. Z9NING AND SUBDMSION
(1) No application for subdivision of all or any part of the Property shall be submitted
to or considered by the City until after the Master Development Plan has been approved by the
Planning and Zoning Commission; provided, however, that if the Property is intended to be included
in a single subdivision, the application for such subdivision may be submitted at the time the Master
Development Plan is submitted to the Planning and Zoning Commission. No subdivision of the
Property shall be approved prior to the time the ordinance annexing the Property is approved on first
presentation.
(2) Petitioner must initial either of the following:
_ The Property shall be classified in the City zone or classification district most nearly
corresponding to the zone or classification district in which the Property was classified under the
terms and provisions of the Pueblo County Zoning Resolution, or
Petitioner will file an application to rezone the Property to a District
no later than ninety (90) days after the time of approval of the annexation ordinance.
If the Property is not so zoned, City may refuse to approve any building or occupancy permit for any
IM
portion or all of the Property.
(3) A petition to zone the Property may be filed concurrently with the petition for
annexation of the Property. The Planning and Zoning Commission may hear the petition for
rezoning and make its recommendations thereon prior to annexing the Property, but such rezoning
may not be approved prior to the time the ordinance annexing the Property is approved on final
presentation.
• 1: M"' M
The Petitioner shall dedicate land and right -of -way for public uses and facilities necessary
and required to serve the Property or required as a result of the development of the Property as
determined by the City, in its sole discretion, including, but not limited to, sanitary and storm sewers,
drainage ways and facilities, utilities, streets, roadways, trail systems and parks. The Petitioner at
its expense shall construct and install all on -site and off -site improvements necessary and required
to serve the Property or required as a result of the development of the Property as determined by the
City, in its sole discretion, including, but not limited to, streets, street lights, curbs and gutters,
sidewalks, bridges, traffic control devices, sanitary sewers, storm sewers, drainage and channel
improvements and facilities, but excluding public buildings such as fire stations. All such
improvements shall meet and comply with applicable City Ordinances in effect at the time of
installation of such improvements.
The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers),
Public Service Company (natural gas), WestPlains Energy Company (electric), TCI Cablevision
(cablevision), Pueblo Board of Water Works (water), and Qwest (telephone /data transmission)
requirements for the installation of mains, lines, stations, and any other appurtenant utility facilities
in effect at the time of such installation.
The development, subdivision and zoning of the Property shall meet and comply with all
applicable ordinances, resolutions, regulations, and standards of the City now existing or hereinafter
enacted or amended.
The covenants, restrictions, and agreements herein set forth are covenants runnin with the
Property, shall run with and bind the Property, and shall extend to and be binding upon the Petitioner
and its legal representatives, successors, assigns and transferees. The Petitioner expressly accepts
and agrees to the covenants, restrictions, and agreements set forth herein by execution of this
Annexation Agreement and by the filing of its petition for annexation. If Petitioner defaults in any
-5-
of its obligations under this Annexation Agreement, including, without limitation, land dedication
obligations, City, upon notice given to Petitioner specifying the default, may withhold all subdivi-
sion, special area plan, and other development approvals as well as building and occupancy permits
for any building or structure within the Property until such default has been corrected to the
satisfaction of the City.
/11
Amendments to this Annexation Agreement may only be made through formal petition to
and approval by Resolution of the City Council after such amendment has been submitted to and
reviewed by the appropriate City Departments and such Departments have submitted their findings
and recommendations to the City Council. All amendments to the Master Development Plan must
be approved by the Planning and Zoning Commission after review and recommendation by the
appropriate City Departments.
DK. SEVERABILITY
If any section, clause, or other provision of this Annexation Agreement is for any reason
determined to be invalid or unenforceable by any court of competent jurisdiction, such determination
shall not affect any of the remaining provisions of this Annexation Agreement.
As a condition of and in consideration of the City annexing the Property, the Petitioner, for
itself and its successors and assigns waives and releases all previously acquired or existing vested
property rights attached to or established with respect to the Property.
The Petitioner acknowledges and agrees that neither this Annexation Agreement nor any
provision hereof, nor the annexation of the Property to the City, nor the approval of the Master
Development Plan, zoning or subdivision, either separately or jointly (a) creates or establishes a
vested property right in or for the benefit of the Petitioner or its successors or assigns, or with respect
to the Property; or (b) constitutes a site - specific development plan. The terms "vested property
right" and "site- specific development plan" shall have the same meaning asset forth in Section 17-
12-2 of the Pueblo Municipal Code and §24 -68 -101, et seq., C.R.S.
No building or occupany permit shall be approved by the City or issued by the Pueblo
Regional Building Department to occupy, construct or install any building, structure or other
improvement on the Property except within a subdivision approved by the City after adoption of the
ordinance annexing the Property which meets and complies with this Annexation Agreement and
City's ordinances, standards, and regulations.
10
MI. DISCONNECTION
(1) Disconnection b. Petitioner Petitioner acknowledges and agrees that upon
annexation of the Property, the Property shall become subject to this Annexation Agreement, the
Charter, ordinances and rules and regulations of the City, but that City shall not have any obligation
to furnish or extend municipal services to the Property. Petitioner may, three (3) or more years after
annexation, petition under §31 -12 -119 C.R.S. for disconnection from the City if the City does not,
upon demand, provide the same municipal services to the Property on the same general terms and
conditions as the rest of the City receives.
(2) Disconnection by City If, for any reason, the Master Development Plan is not
approved and adopted by the Planning and Zoning Commission within three (3) years from date of
this Annexation 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.
XIII. CONTRACTUAL NATURE OF ANNEXATION AGREEMENT
The terms, conditions and obligations of this Annexation Agreement are and shall be
construed to be purely contractual in nature, as terms, conditions and obligations voluntarily agreed
to by City and Petitioner prior to annexation of the Property to the City. The terms, conditions and
obligations imposed on Petitioner and the Property by this Annexation Agreement are not nor shall
they individually or cumulatively be construed to be conditions upon granting land -use approvals
within the meaning of sections 29 -20 -201 to 29 -20 -204, C.R.S.
XIV. SPECIAL IATROV MENUS DEDICATIONS AND RyTACT FEES
In addition to the on -site and off -site improvements and land dedications required to be made
by the provisions of this Annexation Agreement, Petitioner will construct and install the
improvements, dedicate the land, and pay or cause to be paid the impact fees described in Exhibit
"B" attached hereto and incorporated herein. The improvements, dedication, and impact fees
described in said Exhibit "B" are in addition to and not in substitution for any improvements or
dedications otherwise required by this Annexation Agreement.
XV. MISCELLANEOUS
(1) Notice. All notices or other communications hereunder shall be sufficiently given
and shall be deemed given when personally delivered, or mailed by registered or certified mail,
postage prepaid, addressed as follows:
(a) if to the City: Department of Public Works - City of Pueblo
211 East "D" Street, Pueblo, Colorado
Attention: Director of Public Works
-7-
(b) if to the Petitioner: 7'me
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or to such other address as either parry by written notice given hereunder may designate.
(2) Governing Law This Annexation Agreement shall be governed and construed in
accordance with the laws of the State of Colorado, without regard to conflict of law principles.
(3) No Thsd Party Beneficiaries Nothing in this Annexation Agreement expressed or
implied is intended to or shall be construed to confer upon, or to give to, any person other than the
City and the Petitioner any right, remedy or claim under or by reason of this Annexation Agreement
or any covenant, condition or stipulation hereof; and all the covenants, agreements and stipulations
in this Annexation Agreement contained by and on behalf of the City or the Petitioner shall be for
the exclusive benefit of the City and the Petitioner.
(4) Sinoalar. Plural Unless the context requires otherwise, words denoting the singular
may be construed as denoting the plural. Words of the plural may be construed as denoting the
singular. Words of one gender may be construed as denoting the other gender, if applicable.
(5) Ent ire Agreement All prior discussions, representations, understandings and
agreements, whether oral or written, between the parties with respect to the subject matter of this
Annexation Agreement are merged in this Annexation Agreement, which constitutes the entire
agreg,Lnent between the parties.
at Pueblo, Colorado as of the day a
APPROVED AS TO FORM:
City Attome
[SEAL]
Attest:
By
Title
a
PETITIONER:
TF/� - r ,PR 7,QR CW-W Kr P 1LLP
By c,7 P,ZocToR
Title: QFNPRAl- PARTNf e
5:11
STATE OF COLORADO )
COUNTY OF PUEBLO ) SS.
The foregoing instrument was acknowledged before me this 16th day of August
20 01, by Al Gurula as President of City Council and
Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation.
MY
EAL]
CC
hand and official seal.
expires: 8 -21 -2003 lt�m
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The foregoing
20LL by
was a54mowledged before me this day of
Witness my hand and official seal
My commission expires:
Notary Pu c
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in
Exhibit A
A parcel of land located in the County of Pueblo, State of Colorado,
to -wit:
A parcel of land being a part of Section 4, Township 21 South, Range
65 West of the 6 Principal Meridian, more particularly described as
follows:
BEGINNING at the Northwest corner of Regency Crest Subdivision, A
Special Area Plan, according to the plat recorded at Reception No.
1175639 in the records of the Pueblo County Clerk and Recorder, also
being on the South right -of -way of St. Clair Avenue and lying on the
existing city limit line;
Thence S03 along the West line of said recorded subdivision
also being the existing city limit line, a distance of 1641.38 feet to a
point on the North right -of -way of Red Creek Springs Road;
Thence N88 along said North right -of -way also being the
existing city limit line a distance of 580.33 feet;
Thence NO3 0 18'38 "E leaving the existing city limit line a distance of
1542.63 feet;
Thence N87 °26'01 "W a distance of 18.51 feet;
Thence NO2 "33'59 "E a distance of 111.22 feet to a point on the South
right -of -way of St. Clair Avenue, if extended Westerly;
Thence S87 °23'29 "E along said South right -of -way a distance of 599.99
feet to the POINT OF BEGINNING.
Said parcel contains 21.99 acres, more or less.
EXHIBIT "B"
SPECIAL IMPROVEMENTS, DEDICATIONS, AND IMPACT FEES
REGENCY CREST ANNEXATION NO. II
(1) The Proctor Family Partnership, LLLP, (the Applicant) will be responsible for the construction of
the full width street improvements (44 feet, including curb and gutter) of the 80 -foot right -of way
of Red Creek Springs Road as depicted along the southern boundary of Regency Crest No. 11,
Master Plan. The full width street improvement shall be located 22 feet on each side of the
centerline of Red Creek Springs Road.
Red Creek Springs Road will be constructed in the general alignment as depicted on the Master
Plan. The location of the centerline of this roadway will be the responsibility of the Applicant.
The alignment must insure that the entire full street can be constructed according to the City's
design criteria, within the minimum 63 -feet of the right -of -way dedicated by the Developer for the
roadway. The centerline of the proposed improvements of Red Creek Springs Road must align
with the centerline of Red Creek Springs as it is presently designed at the eastern boundary of the
annexation. West of the western boundary of the subject annexation, the Red Creek Springs Road
must have a transition from the full width improvements to the existing road section west of the
Red Creek Springs Road subject property, as approved by the Director of Public Works.
The Applicant will be solely responsible for the acquisition of any additional property necessary to
insure that the full width improvements can be constructed within the Red Creek Springs Road
alignment as described above and as depicted on the Regency Crest No. II, Master Plan. The
Applicant will also be solely responsible for the acquisition of any additional property that may be
required to construct the transition of Red Creek Springs Road from the western boundary of the
subject annexation to the centerline of the roadway as it presently exists.
(2) To fulfill the Applicant's park dedication requirements for Regency Crest Subdivision No. II and
Regency Crest Subdivision Filing No. III, the location for the park is identified as an overlay on the
Regency Crest No. 2, Master Plan. The area identified shall meet the 8% land dedication
requirement for both Regency Crest Subdivision Filings No. II and No. III. No later than ninety
(90) days after the issuance of the first building permit for a lot in Regency Crest Subdivision
Filing No III, the lots identified by overlay on the Master Plan for Regency Crest Subdivision
Filing No. II will be transferred to the City by warranty deed free and clear of liens and
encumbrances. If the lots are not transferred within the said ninety-day (90) period, the City may
refuse to issue any additional building permits for either Regency Crest Subdivision Filing No. II
or No. III. Upon recordation of any subsequent Regency Crest Subdivision Filing that includes
within it a park dedication that includes the 8% park land dedication for that subdivision and for
Regency Crest Subdivision Filings No. II and No. III, the City of Pueblo will deed back to the
Applicant those lots held within Regency Crest Subdivision No. 11. If the Applicant does not
within five (5) years from the date of this Annexation Agreement file a subdivision which contains
a park of sufficient size to meet the 8% park land dedication previously mentioned and approved
by the Director of Parks, the City of Pueblo has the right to vacate the public rights -of -way within
the park overlay and to include that property with the deeded lots to create a park.
TO: Pueblo City Council
FROM: City of Pueblo, Planning & Zoning Commission
SUBJECT: CASE NO. A-00-4, ANNEXATION REQUEST, REGENCY
CREST FILING II
City of Pueblo
DEPARTMENT OF ZONING ADMINISTRATION
211 E. "D" STREET
PUEBLO, COLORADO 81003
SYNOPSIS
YED Uj�� � � IDD o
The applicant is seeking to annex Regency Crest Filing IT
into the City of Pueblo.
ISSUES: The following checked boxes identify areas where staff has
found significant concerns in this case:
X
Incomplete
submittal:
Landscape
requirement:
Other:
Zoning:
Transportation:
Drainage:
Land Use:
Neighborhood
Parks:
Sewer:
Public facilities:
Water:
CONCURRENT
REQUESTS: None
RECOMMENDATIONS: The Planning & Zoning Commission recommends approval
subject to completion of information needed for the
annexation impact report.
ay
Pueblo City Council
A -00 -4
GENERAL INFORMATION:
Applicant:
Owner of Property:
Location of Property:
Size of Property:
Existing Zone District:
Existing Land Use:
Proposed Zoning:
Proposed Land Use:
Applicable Regulations:
Domega Homes (Cole Proctor)
Same
A parcel of land being a part of Section 4, Township 21 South, Range 65
West of the 6 Principal Meridian. (West of Pueblo Boulevard between St.
Clair Avenue and Red Creek Springs Road)
21.99 acres
property is in Pueblo County
vacant
R -2 and R -4
residential: 19.5 acres of single family, 2.4 acres of multifamily
ZONING, LAND USE, AND NEIGHBORHOOD COMPATIBILITY
A. Surrounding Land Uses & Zoning
North— R -2 - residential
South - -- R -2 - residential
East - - - -- R -2 - residential
West - - -- Pueblo County
B. Current Land Use According to Comprehensive Plan
The Pueblo Regional Comprehensive Development Plan identifies this area as urban residential
C. Field Observations of Site
The site is vacant and buildable
D. Neighborhood Compatibility Issues
The proposed development is compatible with the existing neighborhood
TRANSPORTATION:
A. Department of Transportation Comments:
1. Transportation comments were not available at this time.
T TTTT.TTTF,S
A. Department of Public Works Staff Review
1) Sanitary Sewer:
This property lies within the service area for the City of Pueblo wastewater collection system and upon
annexation, sanitary sewer service will be available for this area. No sanitary sewer exists within this
Pueblo City Council
A -00 -4
3
area. Public sanitary sewer main extensions within the street right -of -ways will be required when this
area is subdivided. The Wastewater Department does not oppose this annexation.
2) Storm Sewer and Drainage:
No comments were available at the time of this writing
C. Board of Water Works Staff Review
1) Water
The area is not presently serviced by the Board of Water Works, nor are there adopted plans to service
the area. The area can however be serviced. Main extensions will be required within all public rights -
of -way. The estimated p.s.i. is 95 and the effect on water pressure would be minimal.
SPECIAL INFORMATION:
STATUTORY REQUIREMENTS WHICH EXIST FOR ANNEXING PURPOSES (Colorado Revised
Statutes)
1. Section 31 -12 -104 - 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 municipality boundaries shall not be extended more than
three miles in any direction from any point of such municipal boundary in any one year.
- -The Annexation consists of a single parcel of which 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. The eastern
boundary of the parcel is adjacent to the City Limit Boundary.
2. Section 31- 12- 105(1 -[e] —The municipality shall have a three -mile annexation plan which is
updated on an annual basis. The proposed development should be compatible with this plan.
- -The City has an adopted three -mile annexation plan; the proposed annexation is compatible with
that plan.
3. Section 31 -12 -108.5 — An Annexation Impact Report is required for all annexations over ten acres.
This report shall include a map or maps which show the following information:
a) The present and proposed boundaries of the municipality in the vicinity of the proposed
annexation;
Information is shown on attached map
b) The present street, major truck water mains, sewer interceptors and outfalls, other
utility lines and ditched, and the proposed extension of such streets and utility lines in the
vicinity of the proposed annexation
Public works has not yet confirmed this adequacy of these reports.
Pueblo City Council
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c) The existing and proposed land use pattern in the areas to be annexed
Information is shown on attached map
d) A copy of any draft or final pre - annexation agreement, if available:
Terms and conditions on a Master Development Plan Agreement currently being
jointly worked on by City staff and developer.
e) A statement setting forth the plans of the municipality for extending to, or otherwise
providing for, within the area to be annexed, municipal services performed by or on behalf of
the municipality at the time of annexation;
The City of Pueblo will provide police and fire protection to this annexed area. All
utilities and streets exist, or are quaranteed by Subdivision Improvement Agreement,
at the border of this annexation
f) A statement setting forth the method under which the municipality plans to finance the
extension of the municipal services into the area to be annexed;
Fire and police services will be funded through the City's General Fund
g) A statement identifying existing districts within the area to be annexed;
Pueblo Regional Library District and School District No. 60 are located in this area.
h) A statement on the effect of annexation upon local public school district systems, including
the estimated number of students generated and the capital construction required to educate
such students.
This annexation will bring approximately forty two (42) children to School District
60 (1.9 children per acre). This increase can be absorbed into the present system.
CITY OF PUEBLO ANNEXATION REQUIREMENTS:
a) The proposed annexation must be a logical extension of the City's boundary and municipal
services.
The proposed annexation is a logical extension of the City's boundary and
municipal services
b) The Petitioner must submit a Property Master Plan (PMP) to City Council for adoption. The
PMP must comply with the policies of the Pueblo Regional Comprehensive Plan and the
Annexation Master Plan as amended.
A PMP was submitted and is in compliance with the above mentioned plans
c) The PMP shall contain the following reports:
1. Development Plan
2. Drainage Plan
3. Sanitary Sewer Report
4. Sanitary Sewer Report Criteria
Pueblo City Council
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5. Transportation Plan
These plans were submitted. At the time of this writing, the necessary departments
has not commented on the completeness or adequacy of these reports.
d. The property shall be zoned and subdivided in conformity with the Code of Ordinances for
the city of Pueblo
The property is being zoned and subdivided in conformance with City Codes
e. The petitioner shall dedicate land and rights of way for public uses and facilities required by
the City.
f. The petitioner shall comply with all applicable requirements of the City of Pueblo's
PublicWorks Department and other City utility companies for the installation of mains, lines,
stations, or other utility facilities.
CONCLUSION:
PUBLIC HEARING MINUTES
ATTACHMENTS: A. ZONING/LOCATION MAP
B. SITE PHOTOGRAPHS
Pueblo City Council
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Matt J. Peulen
District 3
Chairman 2001
John L. Klomp
District 1
Loretta Kennedy
District 2
BOARD OF COUNTY COMMISSIONERS
DEPARTMENT OF PLANNING AND DEVELOPMENT
May 15, 2001
Proctor Family Partnership, LLP
P.O. Box 3430
Pueblo, Colorado 81005 -0430
Kim B. Headley
Planning and Development
Director
plan ning @co.pueblo.co.us
Re: PUEBLO BOARD OF COUNTY COMMISSIONERS
Easement Vacation No. 2001 -002 Vacating All Platted Interior Utility Easements within Blocks 4-
12, Sunny Heights Subdivision, Third Filing, in an A -4 and R -1 Zo.ne District
Gentlemen:
Please be advised that the Pueblo Board of County Commissioners, at its public hearing held on May
15, 2001, voted to approve Easement Vacation No. 2001 -002 with the following condition:
1. The revised drawing shall be submitted to the Department of Planning and Development for
review, and recorded in the records of the Pueblo County Clerk and Recorder at the
applicant's expense.
If you should have any questions, please do not hesitate to contact this Department at
583 -6100.
Sincerely,
Ann C. Cotton
Planner I
LRS
c: Troy Higbee, TH Land Designs
Floye (Floyd) E. Orr, Jr., Trustee 11 12
Jim Munch, City Planning and Development Department
Tom Martinez, City Zoning Department Rer Vgrn
Tom Jagger, City Attorney
MAY 7 7 2001
LL
229 WEST 12' STREET ❑ PUEBLO, COLORADO 81003 -2810 ❑ (719) 583 -6100 ❑ FAX (719) 583 -6376