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HomeMy WebLinkAbout10889ORDINANCE NO. 10889 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE PUEBLO RECREATION RESORT FILING NO. 2 ANNEXATION TO THE CITY OF PUEBLO DESCRIBED AS 219.76-ACRES OF LAND LOCATED SOUTHWEST OF VENTANA SUBDIVISION, FILING NO. 1, AND WEST OF THE WESTMOOR SUBDIVISION OF UNINCORPORATED PUEBLO COUNTY 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 Colorado Municipal Corporation, subject to the terms and conditions set forth in the Petition for Annexation and the Annexation Agreement, and the official map of the City shall be amended to show such annexation: ANNEXATION 1. AREA TO BE ANNEXED South one-half of the southwest one-quarter of section 17, township 21 south, range 65 west of TH the 6 p.m., less Colorado State Highway No. 78 right-of-way. Containing 72.88 acres, more or less AND Northwest one-quarter of section 20, township 21 south, range 65 west of the 6th p.m., less Colorado State Highway No. 78 right-of-way and less that portion of the northwest one-quarter of section 20 owned by Western Power and Gas Company. Containing 146.88 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Description No. 1: BEGINNING from the west one-sixteenth corner of the southwest one-quarter of section 17; thence S. 01°10'57" E., a distance of 1,340.14 feet to the southwest corner of section 17/northwest corner of section 20; thence S. 01°20'09" E., a distance of 325.60 feet to a point on the north right-of-way line of Colorado State Highway No. 78. AND Description no. 2: BEGINNING from the east one-sixteenth corner of the southwest one-quarter of section 17; thence S. 01°06'18" E., a distance of 1,323.60 feet to the south one-quarter corner of section 17; thence S. 01°10'33" E., a distance of 2,529.83 feet; thence S. 89°55'17" W., a distance of 2,474.00 feet; thence N. 09°05'15" W., a distance of 1,167.84 feet to a point on the west line of the northwest one-quarter of section 20; thence N. 01°20'09" W., a distance of 813.97 feet to a point on the south right-of-way line of Colorado State Highway No. 78. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in the annexation above is now existing city limits line. The complete annexation is within 3 miles of the present city limits. SECTION 2. The owners of one hundred percent (100%) of the property to be annexed have petitioned for such annexation. SECTION 3. The Annexation Agreement in the form and content presented to the City Council at this meeting is hereby authorized and approved. The President of the City Council is hereby directed and authorized to execute and deliver the Annexation Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. 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; and, (b) File for recording three certified copies of this Ordinance and annexation map with the Pueblo County Clerk and Recorder; and, (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 5. The officers of the City are hereby authorized to take all other actions necessary or appropriate, on behalf of the City, to implement the provisions of this Ordinance and the Annexation Agreement. SECTION 6. If any provisions of this Ordinance or Annexation Agreement shall be held or deemed to be illegal, inoperative or unenforceable, the same shall not affect any other provisions or provisions of this Ordinance or Annexation Agreement or render the same invalid, inoperative or unenforceable, except as otherwise expressly provided in the Annexation Agreement. SECTION 7. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37-45-136 (3.6). SECTION 8. 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, 2026. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 13, 2025 . Final adoption of Ordinance by City Council on January 27, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # S2 Background Paper for Proposed Ordinance 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: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE PUEBLO RECREATION RESORT FILING NO. 2 ANNEXATION TO THE CITY OF PUEBLO DESCRIBED AS 219.76- ACRES OF LAND LOCATED SOUTHWEST OF VENTANA SUBDIVISION, FILING NO. 1, AND WEST OF THE WESTMOOR SUBDIVISION OF UNINCORPORATED PUEBLO COUNTY SUMMARY: The petitioner, Pueblo Recreation Investors, LLC, a Colorado Limited Liability Company, is requesting to annex the property containing 219.76-acres into the City of Pueblo commonly known as the Pueblo Recreation Resort Filing No. 2 Annexation to the City of Pueblo. PREVIOUS COUNCIL ACTION: On October 28, 2024, City Council approved a 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 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 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 apply to rezone the property south 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 corresponding to the land use classification into which such land has been classified under subdivided in accordance with Title XII, Chapter 4 of the Pueblo Municipal Code of Ordinances or as same may hereby be amended. The proposed annexation site is currently zoned Pueblo County A-4, Agricultural Zone District. The property located north, south, east and west of the proposed annexation area is currently undeveloped. FINANCIAL IMPLICATIONS: The Petitioner acknowledges and agrees that upon the annexation, the property shall become subject to the Charter, Ordinances, Resolutions, rules, and regulations of the City, but that the City shall have no obligation to furnish or extend municipal services, including but not limited to sanitary sewer services, to the area proposed to be annexed. 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: Annexation Impact Reports have been filed with taxing entities as required by Colorado Revised Statutes. ALTERNATIVES: Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. City Council could vote to not approve the annexation Ordinance. The applicant could resubmit an annexation petition in the future subject to the applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31-12-104, 105 and 107(1). RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. A-24-03 Annexing the Land Attachments ANNEXATION AGREEMENT CASE NOS. A-24-02 & A-24-03 PUEBLO RECREATION RESORT ANNEXATIONS This Annexation Agreement is made effective as of , 2025, by and between Pueblo Recreation Investors, LLC, WITNESSETH WHEREAS, the Petitioner is the owner of the real property located in Pueblo County, WHEREAS, the Petitioner has submitted petitions for the annexation of the Property to the City; and WHEREAS, as a condition precedent to the annexations 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 annexations. NOW THEREFORE, in consideration of the above, and the following covenants and conditions, the City and Petitioner agree as follows: I. REPRESENTATIONS AND WARRANTIES OF PETITIONER Petitioner hereby represents and warrants to, and covenants with, the City as follows: (1) The Colorado Department of Transportation is a state agency of the State of Colorado. (2) Petitioner has good and marketable fee simple title to the Property subject only to Permitted Encumbrances attached hereto as (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. The and attached incorporated herein by this reference. In the event of a conflict between the terms and conditions of Exhibit C and this Agreement, the terms and conditions contained in Exhibit C shall control. (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. -1- (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 and comply with this Annexation Agreement. (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. II. OVERALL DEVELOPMENT PLAN (1) When a tract of land proposed for subdivision constitutes a part of a larger tract of land owned or controlled by the subdivider, whose intention is to subdivide the remaining part or parts of the larger tract at some future date, an Overall Development Plan shall be prepared and submitted by the subdivider and approved by the Planning Commission prior to preparation and submission of the subdivision plat of the tract proposed for initial subdivision. (2) An Overall Development Plan shall be prepared in accordance with the requirements of regulations contained in Section 12-4-5(a) of the Pueblo Municipal Code, as may be hereafter amended, and the Overall Development Plan shall be adopted by the Planning and Zoning Commission. The Overall Development Plan shall be prepared in consultation with the City's Subdivision Review Committee and submitted in its entirety to the Planning and Zoning Commission. The Overall Development Plan shall comply with the policies of the Pueblo Regional Comprehensive Development Plan existing as of the date the Overall Development Plan is approved. The Overall Development Plan as submitted and approved by the Planning and Zoning Commission shall have the flexibility to adapt to changing conditions over the estimated time period for the development of the land within the Overall Development Plan and shall consist of the following prepared in accordance and in compliance with standards, criteria and policies adopted by the City Council by resolution: development plan, land use including open space and park plans; drainage plan; sanitary sewer plan; transportation plan; and appropriate environmental studies. (3) Petitioner may submit the Overall 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 §31-12-107, C.R.S. The City may refuse to approve any building or occupancy permit for any portion or all of the Property until after a Overall Development Plan is approved. III. ZONING AND SUBDIVISION (1) 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 as shown on the attached Future Land Use Map, Exhibit C-1 include Suburban Residential, Rural Ranch, and Special Development Area. Prior to the approval of a zoning map amendment application, the Petitioner shall 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 -2- designation. (2) A zoning map amendment application may be filed at any time after the petition for annexation has been found to be valid in accordance with the provisions of Section 31-12-107, C.R.S. The Planning and Zoning Commission may hear the application for zoning and make its recommendations thereon prior to annexing the Property, but the proposed zoning ordinance shall not be passed on final presentation prior to the date the ordinance approving the annexation of the Property, and the final approval of an ordinance amending to the Pueblo Regional Comprehensive Plan Future Land Use Map. (3) No rights shall exist in Petitioner nor with respect to the Property arising from any preexisting subdivision or use at the time of annexation. No subdivision of the Property shall be approved prior to the time the ordinance annexing and zoning the Property is approved on final presentation. No application for subdivision of all or any part of the Property shall be submitted to or considered by the City until after the Overall 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 Overall Development Plan is submitted to the Planning and Zoning Commission. (4) No later than ninety (90) days after the effective date of the Ordinance annexing the property, 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 plan. 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 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. (5) No later than ninety (90) days after the effective date of the ordinance annexing the Property, Petitioner shall cause the portion of the Property south of State Highway 78 containing approximately 175 acres, as shown on the attached Land Use Plan, Exhibit C-2, to be zoned into a R-6 Multiple-Residential and Commercial District which constitutes the zone district most nearly corresponding to the land use classification into which the Property has been classified or may in 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. (6) The zoning provisions of this Article III relate to the initial zoning of the Property after annexation. Such zoning is not guaranteed, and the City Council of Pueblo retains its full discretion with respect to such zoning. Nothing contained in this Article III shall be construed to limit the power of the City Council of Pueblo to rezone the Property or any part thereof after approval of the initial zoning of the Property after annexation. -3- IV. PUBLIC FACILITIES The Petitioner shall dedicate land and right-of-way for public uses and facilities necessary and required to serve the Property in accordance with the approved Overall 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. V. UTILITIES The Petitioner shall comply with all applicable City of Pueblo (sanitary and storm sewers), Xcel Energy (natural gas), the applicable electric utility franchised and holding a Certificate of Public Convenience and Necessity for electric service within the annexed area, Comcast of Colorado IV, LLC (cablevision), Pueblo Water (water), and authorized ILEC and CLEC (telephone/data transmission) for the installation of mains, lines, stations, and any other appurtenant utility facilities in effect at the time of such installation. All existing and new power lines less than 30,000 volts and all other overhead utilities within the Property shall be installed underground. VI. COMPLIANCE WITH ORDINANCES Except as otherwise specifically provided in this Annexation Agreement to the contrary, 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 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 reasonable satisfaction of the City. -4- VIII. AMENDMENTS Amendments to this Annexation Agreement may only be made through formal petition to and approval by Ordinance 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 Overall 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 Overall 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-specif -- 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 XII. DISCONNECTION (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 reasonable demand, provide the same municipal services to the Property on the same general terms and conditions as the rest of the City receives. -5- (2) Disconnection by City. If Petitioner defaults in any provision or condition of this Annexation Agreement and such default is not cured within ninety (90) days after written notice specifying the default is given by City to Petitioner, or, if the default is one which cannot be cured within said 90-day period, and Petitioner fails to undertake the cure of such default within said 90- day period and diligently prosecutes same to completion, 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 §§29-20-201 to 29-20-204, C.R.S. XIV. SPECIAL IMPROVEMENTS AND DEDICATIONS AND SYSTEM DEVELOPMENT 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 any system development fees described in Exhibit C attached hereto and incorporated herein. The improvements, dedications, and system developments described in said Exhibit C 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: Mayor, City of Pueblo nd 1 City Hall Place, 2 Floor Pueblo, CO 81003 (b) copy to: City Attorney rd 1 City Hall Place, 3 Floor Pueblo, CO 81003 (c) if to the Petitioner: Heath A. Herber, Manager Pueblo Recreation Investors, LLC 2727 Glen Arbor Drive Colorado Springs, CO 80920 -6- (d) copies to: Craig Dossey, President Vertex Consulting Services P.O. Box 1385 Colorado Springs, CO 80901 or to such other address as either party by written notice given hereunder may designate. (2) Governing Law and Venue. 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. Venue for any action arising out of this Annexation Agreement shall be Pueblo County, Colorado. (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. (6) Liability of City. This Agreement is not as and shall not be interpreted as a waiver of the rights and protections given to the City by the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq. In addition, in no event shall City, its officers, agents or employees be liable to Petitioner for damages, including without limitation, compensatory, punitive, indirect, special or consequential damages, resulting from or arising out of or related to this Agreement or the performance or breach thereof by City or the failure or delay of City in the performance of any covenant or provision under this Agreement on its part to be performed. In consideration of City entering into this Agreement, Petitioner hereby waives and discharges City, its officers, agents and employees from all claims for any and all such damages. No breach, default, delay or failure of City under this Agreement shall be or be construed to be a waiver, discharge or release of Petitioner's obligations under this Agreement. In the event sole and exclusive remedy shall be to bring an equitable action for specific performance in the District Court of Pueblo County, Colorado. Such violations may be restrained, or such obligations enforced by injunction at the instance and request of Petitioner without the showing of any special damages or an inadequate remedy at law. Executed at Pueblo, Colorado as of the day and year first above written. -7- CITY OF PUEBLO, a Municipal Corporation \[ S E A L \] By: ____________________________________ Attest:________________________ Heather Graham, Mayor City Clerk APPROVED AS TO FORM: _____________________________ City Attorney PETITIONER: PUEBLO RECREATION INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANY: By: ____________________________________ Heath A. Herber Manager STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2025, by Heather Graham as Mayor of the City of Pueblo and Marisa Stoller as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: _____________ \[ S E A L \] __________________________________ Notary Public -8- STATE OF COLORADO ) ss. COUNTY OF EL PASO ) The foregoing instrument was acknowledged before me this ____ day of ____________, 20___, by Heath A. Herber, Pueblo Recreation Investors, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: _____________ \[ S E A L \] __________________________________ Notary Public -9- Exhibit A PUEBLO RECREATION RESORT ANNEXATION NO. 1 1. AREAS TO BE ANNEXED: NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., LESS COLORADO STATE HIGHWAY No. 78 RIGHT-OF-WAY. CONTAINING 79.80 ACRES, MORE OR LESS 2. PROPOSED NEW CITY LIMITS LINE: DESCRIPTION NO. 1: BEGINNING FROM THE WEST ONE-QUARTER CORNER OF SECTION 17; THENCE N. 89°29'49" E., A DISTANCE OF 2,641.73 FEET TO THE CENTER CORNER OF SECTION 17; THENCE S. 01°06'18" E., A DISTANCE OF 1,071.69 FEET TO THE NORTH RIGHT-OF- WAY LINE OF COLORADO STATE HIGHWAY NO. 78. AND DESCRIPTION NO. 2: BEGINNING FROM THE WEST ONE-SIXTEENTH CORNER OF THE SOUTHWEST ONE- QUARTER OF SECTION 17; THENCE N. 89°08'39" E., A DISTANCE OF 2,293.46 FEET TO THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78. AND DESCRIPTION NO. 3: COMMENCING FROM THE SOUTH ONE-QUARTER CORNER OF SECTION 17; THENCE N. 05°05'06" W., A DISTANCE OF 1,327.20 FEET TO A POINT ON THE SOUTH RIGHT-OF- WAY LINE OF COLORADO STATE HIGHWAY NO. 78 AND THE POINT OF BEGINNING; THENCE N. 89°08'39" E., A DISTANCE OF 92.12 FEET TO THE SOUTHEAST CORNER OF THE NORTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 17; THENCE N. 01°06'18" W., A DISTANCE OF 75.08 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78. 3. CERTIFICATION OF PERIMETER: AT LEAST ONE-SIXTH OF THE BOUNDARY OF THE LAND DESCRIBED IN THE ANNEXATION ABOVE IS NOW EXISTING CITY LIMITS LINE. THE COMPLETE ANNEXATION IS WITHIN 3 MILES OF THE PRESENT CITY LIMITS. AREA TO BE ANNEXED: AND -10- PUEBLO RECREATION RESORT ANNEXATION NO. 2 1. AREAS TO BEANNEXED: SOUTH ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 21 TH SOUTH, RANGE 65 WEST OF THE 6 P.M., LESS COLORADO STATE HIGHWAY No. 78 RIGHT-OF-WAY. CONTAINING 72.88 ACRES, MORE OR LESS AND NORTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., LESS COLORADO STATE HIGHWAY NO. 78 RIGHT-OF-WAY AND LESS THAT PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 20 OWNED BY WESTERN POWER AND GAS COMPANY. CONTAINING 146.88 ACRES, MORE OR LESS 2. PROPOSED NEW CITY LIMITS LINE: DESCRIPTION NO. 1: BEGINNING FROM THE WEST ONE-SIXTEENTH CORNER OF THE SOUTHWEST ONE- QUARTER OF SECTION 17; THENCE S. 01°10'57" E., A DISTANCE OF 1,340.14 FEET TO THE SOUTHWEST CORNER OF SECTION 17/NORTHWEST CORNER OF SECTION 20; THENCE S. 01°20'09" E., A DISTANCE OF 325.60 FEET TO A POINT ON THE NORTH RIGHT- OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78. AND DESCRIPTION NO. 2: BEGINNING FROM THE EAST ONE-SIXTEENTH CORNER OF THE SOUTHWEST ONE- QUARTER OF SECTION 17; THENCE S. 01°06'18" E., A DISTANCE OF 1,323.60 FEET TO THE SOUTH ONE-QUARTER CORNER OF SECTION 17; THENCE S. 01°10'33" E., A DISTANCE OF 2,529.83 FEET; THENCE S. 89°55'17" W., A DISTANCE OF 2,474.00 FEET; THENCE N. 09°05'15" W., A DISTANCE OF 1,167.84 FEET TO A POINT ON THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SECTION 20; THENCE N. 01°20'09" W., A DISTANCE OF 813.97 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY NO. 78. 3. CERTIFICATION OF PERIMETER: AT LEAST ONE-SIXTH OF THE BOUNDARY OF THE LAND DESCRIBED IN THE ANNEXATION ABOVE IS NOW EXISTING CITY LIMITS LINE. THE COMPLETE ANNEXATION IS WITHIN 3 MILES OF THE PRESENT CITY LIMITS. -11- EXHIBIT B Petitioner owns Property in fee simple subject to encumbrances on title, as detailed in Schedule B, Parts I and II, of the Land Title Guarantee Company title commitment with an effective date of September 26, 2022, which was provided to the City by the Petitionervia email transmittal on August 1, 2024. All encumbrances on title are acceptable by the City for the purpose of annexation of the Property. -12- EXHIBIT C SPECIAL IMPROVEMENTS AND DEDICATIONS PUEBLO RECREATION RESORT ANNEXATIONS (A-24-02 & A-24-03) ANNEXATION AGREEMENT 1. Off-Site Roadways In compliance with the latest version of the Pueblo Area Council of Governments Long Range Transportation Plan (Roadway Corridor Preservation Plan), the City of Pueblo will identify for the Petitioner the alignment of off-site freeways, expressways, arterials, and collectors, which provide connectivity to the Property. Petitioner will cause all local roadways within the Property to connect with all adjoining publicly dedicated local roadways. 2. Accesses to Property The existing roadway access to the Property, shown on the attached Exhibit C-3, is from State Highway 78 and a future extension of Lake Avenue, both of which are described in paragraphs a and b below, along with provisions for secondary access to and from the Property described in paragraph c below. a. State Highway 78. corporate city limits, extends in a southwesterly direction and diagonally intersects the Property, as described and shown on Exhibit C-3. The State of Colorado Department of Transportation (CDOT) controls access to State Highway 78 adjacent to the development. The Petitioner shall coordinate with the CDOT regarding all access permitting and construction to State Highway 78. Petitioner shall, at its sole cost and expense, not later than one-hundred eighty (180) days after the issuance of the first building permit for construction within the first subdivision that includes any portion of the Property (a) obtain a permit from the Colorado Department of -13- Transportation (CDOT) that provides access to the Property from State Highway 78, and will bear all cost of obtaining the access permit, design, and construction of all improvements required by the permit, (b) dedicate to the public or deed to the City right-of-way based on the classification of the roadway within the Pueblo Roadway Development Plan in an alignment approved by the Director of Public Works between SH 78 and the Property, and (c) construct and install all improvements required by CDOT and the access permit. Unless otherwise authorized in the sole and absolute discretion of City, Petitioner shall be responsible and liable for any future modification of such permit based upon changes in land use and access use within the Property as may be required and granted by CDOT. All such costs and expenses incurred by Petitioner may be eligible for Cost Recovery from adjoining property owners as provided in Section 12-4-12 of the Pueblo Municipal Code. b. Lake Avenue. Lake Avenue is a future planned roadway that will extend both to the north and south of SH 78 and extend through the Property to the southern boundary in an alignment approved by the Director of Public Works as generally described and shown on Exhibit C-3. The section of Lake Avenue south of SH 78 shall be designed as a Principal (Major Arterial) roadway with a one-hundred twenty (120) foot right-of-way. The one hundred twenty (120) foot right-of- way may be required to be expanded to no greater than a maximum of one hundred sixty-five (165) feet in specific roadway segments if the traffic study results warrant additional width to accommodate turn lanes or other improvements at full movement intersections. The classification of Lake Avenue north of SH 78 shall be determined at the time of approval of an Overall Development Plan as identified and described in Article II. Provisions for the right-of-way dedication and phased roadway development plan for Lake Avenue shall also be included within any Subdivision Improvement Agreement pertaining to the future subdivisions within the Property. If not already constructed to the Interim Roadway Standard -14- approved by the Director of Public Works, Petitioner shall be required to construct the portion of Lake Avenue south of SH 78 to the Interim Roadway Standard as depicted in Exhibit C-4. Lake Avenue, upon the construction to the Interim Roadway Standard and acceptance by the City, shall be owned and maintained by the City except for any landscaped medians and landscaping at the outside edges of the right-of-way as depicted in Exhibit C-4. Landscaped medians and landscaping along the outside edges of the right-of-way shall be maintained by the Petitioner, a metropolitan district, or a development association. If Lake Avenue is already constructed to the Interim Roadway Standard, the Petitioner shall be required to construct the remaining build out of the roadway in compliance with the schedule of such traffic improvements included within the Transportation Plan approval by the Director of Public Works. c. Secondary Access. The Petitioner shall provide secondary access to the Property in accordance with the 2015 International Fire Code as amended and as enacted in City Ordinance 8900. The alignment, design, construction and installation of the secondary access shall be approved by the Director of Public Works. Petitioner may be eligible for Cost Recovery from adjoining property owners for secondary fire apparatus access constructed outside the Property as provided in Section 12-4-12 of the Pueblo Municipal Code. City may refuse to approve any subsequent subdivision or issue building permits until such secondary access is provided. 3. Roadway Design and Alignment All Road Improvements will be constructed in conjunction with the development of each area shown on attached Exhibit C-3 and as otherwise provided in the Annexation Agreement. All such roadways shall be designed and aligned in accordance with the Roadway Classification Design (Revised: April 11, 2022) or as same may be hereafter amended and in accordance with construction plans. All -15- designs and plans shall be approved by the Director of Public Works. Petitioner acknowledges and agrees that, if Petitioner fails to construct the Roadway Improvements as herein agreed or defaults on any other provision of this Exhibit C or the Annexation Agreement, the City shall have all legal remedies available at law or construction obligation and any other obligations including but not limited to a legal action against Petitioner for breach of contract and/or default on an indebtedness. In addition, and as set forth elsewhere in the Annexation Agreement, the City may withhold building permits, occupancy permits, subdivision approvals, zoning approvals and all other governmental grants of authority until such time as Petitioner shall have cured any default in performance under Exhibit C or the Annexation Agreement as a whole. If not previously done, the Petitioner, at its sole cost, shall dedicate or convey by general warranty deed the necessary right-of-way in an alignment that is acceptable to the Director of Public Works. Such dedication or conveyance shall be completed within one hundred (180) days after the adjacent portion of the Property is subdivided. 4. Sanitary Sewer Prior to, or at the time of subdivision, Petitioner is responsible for completing a flow analysis report, Jackson Ranch Sanitary Sewer Master Plan, for the proposed sanitary sewer system and connection(s) for the proposed subdivision to the existing sanitary sewer system. Based upon the Petitioner shall construct and install, at Peditional sewer lines, mains, pump stations, and/or 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 -16- 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. Water Quality Commission, as amended, the Petitioner shall be required to have all manholes epoxy coated to eliminate the infiltration of ground water into sanitary sewer lines, and any other additional the Property. Depending upon the point of connection to the sanitary sewer system and additional capacity resulting from the construction of the sewer mains, the Petitioner may incur and have to pay and/or be eligible for Cost Recovery per Section 16-5-5 of the Pueblo Municipal Code for all or a portion of the cost of the sewer main extension or improvements to the existing sanitary sewer system. In order to be eligible for cost recovery, Petitioner must comply with and meet the requirements and conditions of said section 16-5-5. It shall required by Pueblo County for the installation of the sanitary sewer lines outside of the city limits of Pueblo. 5. Stormwater All stormwater flows from subdivisions within the Property must be detained as determined by the Director of Stormwater. All stormwater releases shall meet NPDES stormwater quality requirements. The Petitioner shall acquire and dedicate at its sole expense all easements for such purposes. The Petitioner also shall construct and install at its sole expense a stormwater drainage -17- same may be later amended and as shown on construction plans approved by the Director of Public Works. To the maximum extent practicable as determined by the Director of Public Works, Petitioner must reduce the peak flows and run-off volumes from the Property through stormwater detention facilities to levels that existed before the Property was developed, or to levels that are capable of being handled by the downstream drainage facilities, whichever is less. Prior to the approval of any subdivision of land within the Property, the subdivision drainage 6. Off-Site Roadway, Sanitary Sewer, and Stormwater Rights-of-Way Acquisition If not already responsibility, at its sole cost and expense, to acquire, dedicate and grant to the public or deed to the City, by warranty deed or other conveyance deemed acceptable by City, in widths and alignments according to the approved Sanitary Sewer, Transportation, and Drainage Master Plans, any off-site sanitary sewer rights-of-, off-site roadway rights-of-way to comply with primary roadway and secondary access requirements in widths and alignments acceptable to the Director of Public Works and any required rights-of-way for stormwater flow and/or detention/retention facilities. If Petitioner, after good faith efforts as determined in the sole and absolute discretion of City, is not able to acquire from the property owners off-site sanitary sewer, off-site roadway rights-of- way and/or stormwater rights-of-way in alignments acceptable to the City, the City will, to the extent legally authorized, exercise its power of eminent domain to acquire the off-site sanitary sewer and/or off-site roadway rights-of-way. Petitioner shall be responsible for and shall pay all compensation -18- costs, if any, and all other costs and expenses of condemnation, including, without limitation, appraisals, title insurance, engineering, expert witness, estimate of Condemnation Costs as determined by the City Attorney before the City will commence condemnation proceedings. Petitioner shall pay the balance of the Condemnation Costs within ten (10) days after request therefor. If Petitioner fails to exercise good faith in acquiring the off-site sanitary sewer, or off-site roadway rights-of-way and/or off-site stormwater rights-of-way or fails to timely pay the estimate of Condemnation Costs or the balance of Condemnation Costs, City may refuse to approve the issuance of building permits to construct structures or buildings within the Property in addition to its authority not to exercise eminent domain. 7. Fire Protection Water Supply The Petitioner, in accordance with the 2015 International Fire Code as amended and as enacted in City Ordinance 8900, shall provide and maintain an approved water supply capable of supplying the required fire flow for fire protection to premises upon which facilities, buildings or portions of buildings are currently constructed, or hereafter constructed or moved into or within the jurisdiction. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. Reservoirs, pressure tanks, and facilities or buildings that have been constructed on the premises prior to annexation. Fixed system water mains, including fire hydrants, that are public, private, or a combination of both, shall be required for facilities, buildings or portion of buildings that have been constructed on the premises after annexation. Fire flow requirements for buildings or portions of buildings and facilities shall be determined as outlined in Appendix B of the International Fire Code as amended and enacted. -19- 8. Public Safety Fee To fund the cost and expenses of providing funding for public safety for the police and fire departments related to the developing the Property, Petitioner and any subsequent owner of all or any part of the Property shall, as a condition of approval of the annexation, and as a condition of issuing a building permit for the construction within the Property, pay a Public Safety Fee calculated by the square foot of floor space for each new building to be constructed on the Property g fee schedule: Residential Building Permits 55.3 cents per square foot of floor space Commercial Building Permits 15.9 cents per square foot of floor space Industrial Building Permits 1.5 cent per square foot of floor space The Fee for existing buildings shall be paid to the City within ten days after the annexation ordinance is approved by City Council. The Fee for any new building construction shall be paid to the City when a building permit is issued for each new building. The Fee shall be deposited by deposited into the Public Safety Account shall be used solely to pay for the cost of operation, administration, maintenance, repair, improvement, renewal, replacement and construction of new public safety areas of the city and related costs. An annual cumulative rate adjustment will be made based on the Consumer Price Index (CPI-U) for the Denver, Colorado MSA for the period of time between approval of the annexation and development. The adjustment shall be the percent change in the CPI for the calendar year ending December 31st of each year. 9. Telecommunications As incorporated within a Phasing Plan approved as part of a Subdivision Improvement Agreement, -20- -of-way of Lake Avenue from the northern to the southern boundary of the Property according to the phased development of Lake Avenue in a location, alignment and depth approved by the Director of Information Technology. The underground fiber optic data transmission conduit shall be owned and managed by the City. The Fiber Conduit can be installed in coordination with the sanitary sewer main installation within the right-of-way of Lake Avenue. The installation of the conduit shall contain tracer wire. The design and installation of the Fiber Conduit shall also include ends of the conduit and every one-thousand foot of conduit that provides access to the fiber optic cable for maintenance and repairs. -21- Use Amendment 1 - EXHIBIT C - 22 - Regional Comprehensive Plan Future Land EXHIBIT C-2 Land Use & Future Zoning -23- EXHIBIT C-3 Roadway Access -24- EXHIBIT C-4 Interim Principal (Major) Arterial Roadway Standard -25- General Roadway Sections and Design Criteria -26- 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