HomeMy WebLinkAbout15886RESOLUTION NO. 15886 A RESOLUTION APPROVING AND ADOPTING FINDINGS AND DETERMINATIONS CONCERNING THE PROPOSED ANNEXATION OF THE AREA COMMONLY KNOWN AS THE PUEBLO RECREATION RESORT FILING NO. 2 ANNEXATION DESCRIBED AS 219.76-ACRES OF LAND LOCATED SOUTHWEST OF THE VENTANA SUBDIVISION, FILING NO. 1, AND WEST OF THE WESTMOOR SUBDIVISION OF UNINCORPORATED PUEBLO COUNTY 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 Pueblo, the annexation 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 # M8 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 KNOWN AS THE PUEBLO RECREATION RESORT FILING NO. 2 ANNEXATION DESCRIBED AS 219.76-ACRES OF LAND LOCATED SOUTHWEST OF THE VENTANA SUBDIVISION, FILING NO. 1, AND WEST OF THE WESTMOOR SUBDIVISION OF UNINCORPORATED PUEBLO COUNTY 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. 2 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. 15804 preliminarily determining that the petition for annexation of the area commonly known as the Pueblo Recreation Resort Filing No. 2 Annexation is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1). BACKGROUND: The Pueblo Recreation Resort Filing No. 2 Annexation is located southwest of Ventana Subdivision, Filing No. 1, and west of the Westmoor Subdivision in unincorporated Pueblo County. The Petitioners are requesting to annex 219.76-acres into the City for a mixture of land uses including a recreational RV resort, commercial development, and residential development that complies with the future land use designations within the Pueblo Regional Comprehensive Plan, adopted in 2022, as amended. The area to be annexed is located within -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: 1. Pueblo Rec Resort Filing No. 2 Findings & Det Attachments 32:/87 83/99 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: 2. A-24-03 Pueblo Recreation Resort 2 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-24-03 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 No. 2 APPLICANT: Nina Ruiz; Vertex Co. PROPERTY OWNER: Pueblo Recreation Investors LLC LOCATION: Generally located east and west of State Highway 78, southwest of Ventana Subdivision, Filing No. 1, and west of the Westmoor Subdivision in unincorporated Pueblo County 219.76 acres EXISTING ZONE: Pueblo County Agricultural Four (A-4) CONCURRENT Pueblo Recreation Resort No. 1 (A-24-02) REQUEST(S): REQUEST: The Petitioner/Applicant is requesting to annex 219.76 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. 2 will be master planned following annexation with a potential mixture of land uses including a recreational RV resort, commercial development, and residential development. The proposed developments 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 219.76-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 219.76 acres located east and west of State Highway 78, southwest of Ventana Subdivision, Filing No. 1, and west of the Westmoor Subdivision in unincorporated Pueblo County. The purpose of the annexation is to provide a potential mixture of land uses including a recreational RV resort, commercial development, and residential development. The proposed developments will need to comply with the future land use designations within the Pueblo Regional Comprehensive Plan, adopted in 2022, as amended. The property is currently identified within three separate future land categories in the 2022 Pueblo Regional Comprehensive Plan Future Land Map. These Future Land Use Categories include Suburban Residential, Rural Ranch, and Special Development Area. Following approval of the annexation, the petitioner will file an application for a comprehensive plan future land use map amendment changing Planning and Zoning Commission A-24-03 Page 2 the future land use area south of SH 78 to a Commercial Mixed Use designation.Under the provisions of the annexation agreement, the petitioner will submit an application to rezoned the property north of State Highway 78 containing approximately 175 acres into a R-6 Multiple- Residential and Commercial District. 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 219.76 acres until after the Property is zoned in the land use classification most nearly comprehensive plan, and 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. 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) and Government Use (S-1); Currently undeveloped South Pueblo County Agricultural One (A-1); Currently undeveloped West Pueblo County Agricultural One (A-1); Currently undeveloped Current Land Use According to Comprehensive Plan: The Pueblo Regional Comprehensive Plan, 2022, designates the proposed annexation property as Suburban Neighborhood and Urban Reserve/Special Development Area, and Rural Ranch. Suburban neighborhood developments are defined by large, single-family residential lots with an overall density between 2 to 5 dwelling units per acre. The Special Development Area identities potentially serviceable areas that could be suitable for future annexations, so the land use opportunities can be determined in a master plan approved by the Planning & Zoning Commission prior to any zoning and subdivision of the property. Following the approval of the annexation, the petitioner intends to file an application for a comprehensive plan future land use map amendment changing the future land use area south of SH 78 to a Commercial Mixed Use designation. 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, Special Development Area, and Rural Ranch to be redesignated prior to the approval of any master plan, rezoning or subdivision, and development. Planning and Zoning Commission A-24-03 Page 3 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. 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. Planning and Zoning Commission A-24-03 Page 4 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 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. The proposed annexation area will have at least one-sixth contiguous perimeter with existing City property once the Pueblo Recreation Resort Filing 1 annexation is completed. 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. Planning and Zoning Commission A-24-03 Page 5 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) services. The proposed annexation . b) The property shall be zoned and subdivided in conformity with the Code of Ordinances for the City of Pueblo. Following the approval of the annexation, the petitioner intends to file an application for a comprehensive plan future land use map amendment changing the future land use area south of SH 78 to a Commercial Mixed Use designation. No later than ninety (90) days after the effective date of the ordinance annexing the Property, the petitioner shall cause the portion of the Property north of State Highway 78 containing approximately 175 acres to be zoned into a R-6 Multiple-Residential and Commercial District. If the Property is not so zoned, 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 part of the Property. 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. Planning and Zoning Commission A-24-03 Page 6 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 (Refer to A-24-02 Report) Planning and Zoning Commission A-24-03 Page 7 A. Aerial Photograph B. Zoning Map Planning and Zoning Commission A-24-03 Page 8 C. Comprehensive Future Land Use Map D. Site Photo Google Imagery Oct. 2023 Draft Annexation Agreement not printed here; Refer to A-24-02 Report