HomeMy WebLinkAbout15885RESOLUTION NO. 15885
A RESOLUTION APPROVING AND ADOPTING FINDINGS AND
DETERMINATIONS CONCERNING THE PROPOSED
ANNEXATION OF THE AREA COMMONLY KNOW AS THE
PUEBLO RECREATION RESORT FILING NO. 1 ANNEXATION
DESCRIBED AS 79.80-ACRES OF LAND LOCATED NORTH OF
STATE HIGHWAY 78, SOUTHWEST OF VENTANA
SUBDIVISION, FILING NO. 1, AND EAST OF THE SOUTHSIDE
LANDFILL
WHEREAS, the Pueblo City Council commenced on January 27, 2025, and concluded a
public hearing on January 27, 2025, for the purpose of determining and finding whether or not
the area proposed to be annexed and described in Resolution No. 15803 and the annexation
-12-104 and
105; and,
WHEREAS, the Pueblo City Council has now considered the testimony and evidence
presented at the public hearing including the annexation plat of the area to be annexed,
prepared and certified by Michael Leland Cuppy under the date of January 24, 2025; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The City Council hereby finds and determines that: (a) a petition has been received for
the annexation of the area to be annexed, and that such petition has been signed by persons
comprising more than fifty percent of the landowners in the area to be annexed and owning
more than fifty percent of the area to be annexed, excluding public streets and alleys, and any
land owned by the City of Pueblo, (b) the boundaries of the area to be annexed do not divide
into separate parts or parcels any land held in identical ownership without the consent of the
landowners as restricted and defined by C.R.S. §31-12-105 (2)(a) the area to be annexed does
not include, without the consent of the landowners, land held in identical ownership comprising
twenty (20) acres or more which, together with the buildings and improvements situated thereon
has an assessed value in excess of $200,000 for ad valorem tax purposes for the year
preceding the annexation, (c) no annexation proceedings have been commenced for annexation
to another municipality of part or all of the area to be annexed, (d) the area to be annexed
meets the applicable requirements of C.R.S. §31-12-104 and 105, and (e) that a community of
interest exists between the area to be annexed and the City of Pueblo in that said area is
urban or will be urbanized in the near future, and that the area to be annexed is integrated with
or is capable of being integrated with the City of Pueblo.
SECTION 2.
The City Council hereby finds and determines that an annexation election under C.R.S.
§31-12-107 (2) is not required.
SECTION 3.
The City Council hereby finds and determines that other than those set forth in the
Petition for Annexation and Annexation Agreement no additional terms or conditions are to be
imposed upon the area to be annexed.
SECTION 4.
The City Council hereby finds and determines that not less than one-sixth of the
perimeter of the area to be annexed is contiguous with the existing boundaries of the City of
miles, the City has in place a plan for the area to be annexed complying with the requirements
of C.R.S. §31-12-105(1)(e)(I), and the entire width of all streets and alleys to be annexed are
included within the boundaries of the area to be annexed.
SECTION 5.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Resolution to implement the policies and procedures described herein.
SECTION 6.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: January 27, 2025
BY: Brett Boston
MEMBER OF CITY COUNCIL
APPROVED: __________________________
PRESIDENT OF CITY COUNCIL
ATTESTED BY: ________________________
CITY CLERK
City Clerk's Office Item # M7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: January 27, 2025
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: A RESOLUTION APPROVING AND ADOPTING FINDINGS AND
DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION
OF THE AREA COMMONLY KNOW AS THE PUEBLO RECREATION
RESORT FILING NO. 1 ANNEXATION DESCRIBED AS 79.80-ACRES
OF LAND LOCATED NORTH OF STATE HIGHWAY 78, SOUTHWEST
OF VENTANA SUBDIVISION, FILING NO. 1, AND EAST OF THE
SOUTHSIDE LANDFILL
SUMMARY:
The proposed Resolution seeks City Council's adoption of certain findings and
determinations that the area commonly known as the Pueblo Recreation Resort Filing
No. 1 Annexation meets the applicable requirements of Colorado Revised Statutes 31-
12-104 and 105.
PREVIOUS COUNCIL ACTION:
On October 28, 2024, City Council approved Resolution No. 15803 preliminarily
determining that the petition for annexation of the area commonly known as the Pueblo
Recreation Resort Filing No. 1 Annexation is valid under the provisions of Colorado
Revised Statutes Section 31-12-107(1).
BACKGROUND:
The Pueblo Recreation Resort Filing No. 1 Annexation is located north of State
Highway 78, southwest of Ventana Subdivision, Filing No. 1, and east of the Southside
Landfill. The Petitioners are requesting to annex 79.80-acres into the City for a potential
mixture of land uses that complies with the future land use designations within the
Pueblo Regional Comprehensive Plan, adopted in 2022, as amended. The area to be
-Mile Annexation
Plan. This Resolution determines that the annexation is found and determined to meet
the applicable requirements of the Colorado Revised Statutes §31-12-104 and
105 establishing eligibility for annexation under the Municipal Annexation Act of 1965.
The findings and determination include:
1. The area proposed for annexation has at least one-sixth of its perimeter
boundary that is contiguous with the boundaries of the City of Pueblo.
2. A community of interest exists between the area to be annexed and the City of
Pueblo in that the area is urban or will be urbanized in the near future, and that
the area to be annexed is integrated with or is capable of being integrated with
the City of Pueblo.
3. The annexation petition contains signatures of 100% of the owners of the area to
be annexed into the City of Pueblo.
4. The boundaries of the area to be annexed do not divide any land held in identical
ownership into separate parts or parcels without the consent of the landowners.
5. The area to be annexed does not include, without the consent of the landowners,
land held in identical ownership comprising twenty (20) acres or more which,
together with the buildings and improvements situated thereon has an assessed
value in excess of $200,000 for ad valorem tax purposes for the year preceding
the annexation.
FINANCIAL IMPLICATIONS:
The approval of this Resolution finding and determining the property complies with the
applicable requirements of the Colorado Revised Statutes §31-12-104 and 105
establishing eligibility for annexation under the Municipal Annexation Act of 1965 does
not result in any direct financial impact to the City of Pueblo.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the December
11, 2024, Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Bailey and seconded by Commissioner Spinuzzi to recommend approval
of the proposed annexation petition. Motion passed 5-0, Commissioners Pasternak and
Maestri absent.
STAKEHOLDER PROCESS:
A certified mailing has been delivered to all taxing entities as required by Colorado
Revised Statutes including the notice of the hearing, annexation petition, annexation
plat, and annexation impact report.
ALTERNATIVES:
Deny the Resolution.
RECOMMENDATION:
Approval of the Resolution.
ATTACHMENTS:
None
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MINUTES OF REGULAR MEETING
City of Pueblo, Colorado
Wednesday December 11, 2024 – 3:30 p.m.
City Council Chambers, 1 City Hall Place
The meeting was called to order at 3:33 PM with Chairman Mike Castellucci presiding.
Commissioners Present: Mike Castellucci, Patrick Avalos, Alexandra Aznar, Lisa Bailey, and
Cheryl Spinuzzi
Commissioners Absent: Chris Pasternak and Regina Maestri
Staff Members Present: David Wyatt, Assistant City Attorney; Scott Hobson, Acting Director of
Planning and Community Development; Beritt Odom, Principal Planner; Wade Broadhead,
Senior Planner; Hannah Prinzi, Planner.
Staff Members Absent: Cindy Capritta, Land Use Tech
Approval of the Agenda: Baileymotioned to amend the agenda to move V-23-09 and Z-24-06
th
to the January 8, 2025, meeting and approve the agenda as amended, seconded by Spinuzzi
Motion Passed: 5-0
Public Meeting:
1. A-24-02 Pueblo Recreation Resort 1
Commission Action: Baileymotioned to recommendthe annexation applicationto City Council,
seconded by Spinuzzi.
Applicants Craig Dossey and Heath Herber were sworn in and spoke in favor of the application.
Motion Passed: 5-0
A-24-02
TO:
City of Pueblo, Planning and Zoning Commission
FROM:
Scott Hobson, Acting Director of Planning and Community Development
DATE:
December 11, 2024
SUBJECT:
Pueblo Recreation Resort Annexation No. 1
APPLICANT:
Nina Ruiz; Vertex Co.
PROPERTY OWNER:
Pueblo Recreation Investors LLC
LOCATION:
Generally located north of Colorado State Highway 78 and east of the
Southside Landfill 79.80 acres
EXISTING ZONE:
Pueblo County Agricultural Four (A-4)
CONCURRENT
Pueblo Recreation Resort No. 2 (A-24-03)
REQUEST(S):
REQUEST:
The Petitioner/Applicant is requesting to annex 79.80 acres into the City. This petition is part of a
series of two annexations totaling 299.56-acres. The series annexations include: 79.80 acres in
Annexation No. 1 and 219.76 acres in Annexation No. 2. The property within Annexation No. 1 will
be master planned following annexation with a potential mixture of land uses that will need to
comply with the future land use designations within the Pueblo Regional Comprehensive Plan,
adopted in 2022, as amended.
BACKGROUND:
The petitioner submitted an annexation petition for the Pueblo Recreation Resort No. 1 Annexation
totaling 79.80-acres. The Petitioner/Applicant is requesting to annex 299.56-acres into the City
through a series of two annexations with Phase 1 totaling 79.80 acres and Phase 2 totaling 219.76
acres. The annexation petition was filed on February 19, 2024 by Pueblo Recreation Investors, LLC,
a Colorado Limited Liability Company, for the annexation of 79.80 acres located north of Colorado
State Highway 78 and east of the Southside Landfill. The purpose of the annexation is to a potential
mixture of land uses that complies with the future land use designations within the Pueblo Regional
Comprehensive Plan, adopted in 2022, as amended. The property is currently identified within the
Suburban Residential future land categories in the 2022 Pueblo Regional Comprehensive Plan Future
Land Map. The applicant is proposing to initially zone the property as A-1, Agricultural One, as an
interim zoning classification until the time of development. The A-1, interim zoning following
annexation, is allowed by section 17-1-3, (e), of the Pueblo Municipal Code. According to the code,
the annexation agreement may allow an A-1, Zone District for a specified period of time. No building
or occupancy permit shall be approved by the City or issued by the Pueblo Regional Building
Department for any building or structure within the approximately 79.80 acres until after the Property
is zoned in the land use classification most nearly corresponding to the land use classification into
, and the property is
Planning and Zoning Commission
A-24-02 Page 2
subdivided in accordance with Title XII, Chapter 4 of the Pueblo Municipal Code of Ordinances or as
same may hereby be amended.
ANALYSIS:
The proposed Pueblo Recreation Resort Annexation No. 1 conforms with Sections 31-12-104(1)(a)
and 31-12-107(1) of the Colorado Revised Statutes and the Pueblo Municipal Codes.
ZONING, LAND USE, AND NEIGHBORHOOD COMPATIBILITY
Existing Zoning and Land Use:
Zone District Pueblo County Agricultural Four (A-4)
Existing Land Use Vacant/Undeveloped
Surrounding Land Uses & Zoning
North Pueblo County Agricultural Four (A-4); Currently undeveloped
East Pueblo County Agricultural Four (A-4); Currently undeveloped
South Pueblo County Agricultural Four (A-4); Currently undeveloped
West City of Pueblo Agricultural One (A-1); Developed with South Side Landfill
Current Land Use According to Comprehensive Plan:
The Pueblo Regional Comprehensive Plan, 2022, designates the proposed annexation property as
Suburban Neighborhood. Suburban neighborhood developments are defined by large, single-family
residential lots with an overall density between 2 to 5 dwelling units per acre.
According to the Comprehensive Plan,
Pueblo Regional Comprehensive Plan Goals and State of the County Report:
1. The property proposed to be annexed should promote the development goals provided in the
Regional Comprehensive Plan.
Staff findings: The Regional Comprehensive Plan designates this area for suburban
development
2. Must provide and/or fund all needed extension and expansion of water and sewer mains
needed to serve the project.
Staff findings: The proposed annexation agreement requires the petitioner to prepare a
Sanitary Sewer Plan certified by Professional Engineers competent in the field of
sanitary sewer engineering and registered in the State of Colorado. Associated impacts
sanitary sewer system 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 petitioner shall construct and
install, at p
upgrades to pump stations in order to provide sanitary sewer service to the property.
Planning and Zoning Commission
A-24-02 Page 3
The size, location and capacity of such sewer lines, mains, and pump stations will be
determined by the Director of Wastewater, based upon the Sanitary Sewer Design
Criteria and Policies for the City of Pueblo published February 22, 2010 or as same may
be hereafter amended. Such additional sewer lines, mains, pump stations shall be
installed as part of the public improvements required for subdivisions within the
Property as determined by the Director of Wastewater.
Any extension of water service to the property shall be approved by Pueblo Water and
no subdivision of the property shall be approved without the approval of Pueblo Water
to provide service to the Property.
3. The dedication of land and/or construction of facilities needed to expand fire and police
services to the development that meet level of service standards for the rest of the city.
Staff findings: The proposed annexation agreement requires the Petitioner to dedicate
land and right-of-way for public uses and facilities necessary and required to serve the
Property in accordance with an approved Master Development Plan 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, parks and open space. The Petitioner
at its expense shall timely construct and install all on-site improvements 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, trails, parks, 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.
Field Observations of Site:
The proposed annexation area is vacant, undeveloped land. There are no existing roadways
off of State Highway 78 with access to the proposed annexation area.
Neighborhood Compatibility
The proposed annexation site is surrounding currently by undeveloped land that is zoned
either City of Pueblo or Pueblo County Agricultural, so non-agricultural development may
not be compatible with the surrounding properties.
REFERRAL AGENCIES AND COMMENTS:
City Public Works: Approval of wording in annexation agreement
City Transportation: Approval of wording in annexation agreement
City Law Department: Approval of wording in annexation agreement
Pueblo Regional Building Department: No comment
City Fire Department: Approval of wording in annexation agreement
Pueblo Board of Water Works: Approval of wording in annexation agreement
City Wastewater: Approval of wording in annexation agreement
City Stormwater: Approval of wording in annexation agreement
Planning and Zoning Commission
A-24-02 Page 4
City Parks and Recreation Department: Approval of wording in annexation agreement
City GIS: No comment
Xcel Energy: No comment
Black Hills Energy: No Comment
CDOT: No Comment
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.
Approximately 1,340 feet of the proposed annexation area is contiguous with existing
City property of a total perimeter of approximately 7,540 feet, so it meets the one-sixth
requirement.
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.
3-Mile Annexation Master
Plan for the Year 2023on February 13, 2023. All of the property is within three miles
of the existing city limits.
A City of Pueblo 3-
being reviewed by the Planning & Zoning Commission and will be recommended for
approval by City Council prior to the approval of the proposed annexation.
3. Section 31-12-108.5- An Annexation Impact Report is required for all annexations over ten
acres.
An Annexation Impact Report for the Pueblo Recreation Resort Annexation No. 1 has
been submitted to the City addressing future land uses, water and sanitary sewer
extension, roadway extensions, and impacts to School District 60.
CITY OF PUEBLO ANNEXATION REQUIREMENTS:
a) al
services.
The proposed annexation .
Planning and Zoning Commission
A-24-02 Page 5
b)The property shall be zoned and subdivided in conformity with the Code of Ordinances for
the City of Pueblo.
No later than ninety (90) days after the effective date of the Ordinance annexing the
property, the petitioner shall cause of the portion of the Property north of State Highway 78
containing approximately 125 acres, as shown on the attached Land Use Plan, Exhibit C-2,
to be zoned Agricultural One (A-1) serving as an interim A-1 zone district for a period up
to but not to exceed 180 months from the date of this Annexation Agreement. No building
or occupancy permit shall be approved by the City or issued by the Pueblo Regional
Building Department for any building or structure within any portion of the Property
classified as Agricultural One (A-1) zone district until after that portion of the Property is
zoned in the land use classification most nearly corresponding to the land use classification
into which such land h
or occupancy permit shall be approved by the City or issued by the Pueblo Regional
Building Department for any building or structure within the approximately 125 acres
described above until the property is subdivided in accordance with Title XII, Chapter 4 of
the Pueblo Municipal Code of Ordinances or as same may hereby be amended.
c) The petitioner shall dedicate land and rights of way for public uses and facilities required
by the City.
The dedication of land and rights of way for roads and utility lines will be completed at the
time of subdivision.
d)
Works Department and other City utility companies for the installation of mains, lines,
stations, or other utility facilities.
subdivision of the property.
RECOMMENDED MOTION: Staff recommends Planning and Zoning Commission recommend
approval of the annexation to City Council.
CONCLUSION:
The City staff has reviewed the annexation request and recommends approval of the annexation.
ATTACHMENTS
A. Aerial Photograph
B. Zoning Map
C. Comprehensive Future Land Use Map
D. Site Photo
E. Annexation Plat
F. Impact Report
G. Draft Annexation Agreement (Applicable to A-24-02 and A-24-03)
Planning and Zoning Commission
A-24-02 Page 6
A. Aerial Photograph
B. Zoning Map
Planning and Zoning Commission
A-24-02 Page 7
C. Comprehensive Future Land Use Map
D. Site Photo
Google Imagery Oct. 2023
Planning and Zoning Commission
A-24-02 Page 8
See below for:
E. Annexation Plat
F. Impact Report
G. Draft Annexation Agreement (Applicable to A-24-02 and A-24-03)
