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HomeMy WebLinkAbout06827Reception 1444075 06/12/2002 ORDINANCE NO. 6827 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF COLORADO HIGHWAY 78 AND SURFWOOD LANE WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Resolution that the Petition for Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31 -12 -104, 105 and 107(1); and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12 -107 (2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition for Annexation and the Annexation Agreement; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a 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: A parcel of land situated in the Southeast' /4 of the Southwest' /4 of Section 9, Township 21 South, Range 65 West, of the 6 th Principal Meridian and located within Shull's Subdivision according to the recorded plat thereof, filed for record July 14, 1887, Pueblo County records, Pueblo, Colorado and being more particularly described as follows: All of Lots 6 through 10, and Lots 16 through 20, Block 7, all of Lots 6 through 10, Block 8, all of Lot 1 and Lot 11, Block 11, all of Lot 1, Block 12 excepting therefrom the tract conveyed to the Department of Highways, State of Colorado, all of Chicago Avenue adjacent to Block 7 and 8 and all of Jones Avenue Subdivision; SECTION 2. adjacent to Block 7 and 8, all within said Shull's 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, 2003. INTRODUCED April 22, 2002 4� t r BY Patrick Avalos COUNCILPERSON APPROVED 0 PRESIDENT OF CITY COUNCIL PASSED AND APPROVED: May 13, 2002 Background Paper for Proposed ORDINANCE -,Ad. it &927 AGENDA ITEM # DATE: APRIL 22, 2002 l p n � DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT TITLE AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS NORTH OF COLORADO HIGHWAY 78 AND SURFWOOD LANE ISSUE Shall the City Council approve the proposed annexation of property located north of Colorado 78 and Surfwood Lane? RECOMMENDATION The Planning and Zoning Commission recommends approval by a 6 -0 vote. BACKGROUND This is a 15.75 -acre area on the north side of the State Highway 78 and Surfwood Lane. The applicant is proposing to annex this property and have the western portion of the property continue to be used as an S -1 governmental use for the Board of Water Works tanks. The eastern portion of the property is proposed for residential development. The western portion of the property has two water tanks used for the Board of Water Works service to the southwest portion of the City. The eastern portion of the property is vacant undeveloped land. The Pueblo Regional Comprehensive Development Plan and the soon to be adopted Pueblo Regional Development Plan identifies the future land use as "Urban Residential ". The Planning and Zoning Commission recommends approval by a 6 -0 vote. FINANCIAL IMPACT The City of Pueblo will be responsible for providing police and fire protection services to the property. In addition the public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once they have been constructed and accepted by the City. Reception 1444077 06/12/2002 ANNEXATION AGREEMENT CASE NO. A -0 -01 Antelope Trail Annexation This Annexation Agreement entered into as o May 13 ' 20 02 , by and between the City of Pueblo, a Municipal Corporat (the "City ") and Phil K. Hudspeth, IV (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. (2) Petitioner has good and marketable fee simple title to the Property subject only to Permitted Encumbrances attached hereto as Exhibit `B." (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 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. II. 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 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 -2- constructed in accordance with the MANUAL, may be used to mitigate the increased runoff due to development of the Property. (3) Sanitary 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 therefore 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 Plan 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, deceleration/acceleration lanes, and median islands). The Transportation Plan shall include 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 -3- 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. ZONING AND SUBDIVISION (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 TA'' 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 portion or all of the Property. -4- (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. IV. PUBLIC FACILITIES 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. V. UTILITIES 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. VI. COMPLIANCE WITH ORDINANCES 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. VII. BINDING EFFECT The covenants, restrictions, and agreements herein set forth are covenants running 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 of its obligations under this Annexation Agreement, including, without limitation, land dedication -5- obligations, City, upon notice given to Petitioner specifying the default, may withhold all subdivision, 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. VIII. AMENDMENTS 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. IX. 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. X. VESTED RIGHTS 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 as set forth in Section 17- 12-2 of the Pueblo Municipal Code and §24 -68 -101, et seq., C.R.S. XI. BUILDING PERMITS No building or occupancy 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. Q XII. DISCONNECTION ChrisC.Munoz Pueb1oCtyC1k &Rec RNNX AG R 55.00 D 0.00 (1) Disconnection by 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 HN4PROVEMENTS, DEDICATIONS AND IMPACT 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: Ridgegate at Pueblo, LLC 1700 Fortino Blvd. Pueblo, CO 81008 or to such other address as either party 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 Third 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) Singular, 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) Entire 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 agreement between the parties. Executed at Pueblo, Colorado as of the day and year first above written. PUEB , a Municipal Corporation By Attest: President of the City Council City C k APPROVED AS TO FORM: AeAlokl ' City Attorney —° PETITIONER: Phil K. Hudspeth, IV Bv: RIDGEGATE AT PUEBLO. LLC [SEAL] Attest: By Title Attorney-In Fact By T t er H. Fon a, manager 'f STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 13th day of May, 20 02 , by Michael Occh i ato as President of City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. A M � - ' . .. ; s'5 y B o. [SEAL] 9 , .. P OF COI - STA �P, The hand and official seal. expires: 8 -21 -2003 ) ) ss. instrument was t � before me this M' . day of 2002 , by Roger H. Fonda, as Manager of Ridgegate at Pueblo, as Attorney In Fact for Phil K. Hudspeth, IV. Witness my hand and official seal My commission expires: 2 - y- �, '.S *AaL� : R), c ' �! 'OF'GO S.:L. rd:y4ld W1 �i Notary Public IH EXHIBIT "A" LEGAL DESCRIPTION A Parcel of land situated in the Southeast' /4 of the Southwest' /4 of the Southwest' /4 of Section 9, Township 21 South, Range 65 West of the 6 Principal Meridian and located within Shull's Subdivision, according to the recorded plat thereof, filed for record July 14, 1887, Pueblo County records, Pueblo, Colorado and being more particularly described as follows: All of Lots 6 through 10, Block 8; All of Lot 1, Block 12, excepting therefrom the tract conveyed to the Department of Highways, State of Colorado; All of Chicago Avenue adjacent to Block 7 and Block 8; All of Jones Avenue adjacent to Block 7 and Block 8, all within said Shull's Subdivision. EXHIBIT "B" SPECIAL IMPROVEMENTS, DEDICATIONS, AND IMPACT FEES ANTELOPE TRAIL ANNEXATION AGREEMENT (A -) The primary access to and from the Property shall be Jones Avenue. The intersection of Jones Avenue and State Highway 78 will be no greater than a three - quarter movement (right -in, left -in and right -out permitted; left -out prohibited). Easterly egress from the Property will be west on Jones Avenue to Manor Ridge Drive and Kingsroyal Boulevard or Bandera Boulevard. Petitioner shall improve Jones Avenue to City specification for a collector roadway from the intersection of Jones Avenue and State Highway 78 through the intersection of Jones Avenue and Manor Ridge Drive. Petitioner will acquire from the Colorado Department of Transportation an access permit for Jones Avenue at State Highway 78. All improvements on State Highway 78 and Jones Avenue required, as a condition of this access permit, will be the responsibility of the Petitioner. As part of the Subdivision of the Property, Petitioner will dedicate any additional right -of -way required to maintain a minimum of an 80 -foot right -of -way in an alignment acceptable to the Director of Public Works between State Highway 78 and that portion of Jones Avenue dedicated as a part of Regency Ridge Subdivision I& Filing. Petitioner shall extend all utilities within Jones Avenue right -of -way from its intersection with State Highway 78 through its intersection with Manor Ridge Drive. 2. The Petitioner shall include within the area to be annexed, the water tank site owned by the City of Pueblo for the use and benefit of the Board of Water Works of Pueblo, Colorado, and to fully bear all the cost included in preparing the annexation plat. Petitioner will not be required to pay the annexation fee imposed by the City for the acreage included in water tank site. Petitioner will, at the Petitioners' expense, vacate Chicago Avenue abutting Lots 6 through 10, Block 8 Skull Subdivision. After the vaction, City will convey or caused to be conveyed to Petitioner its interest in such portion of vacated Chicago Avenue. 04/11/02 P &D