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HomeMy WebLinkAbout09984RESOLUTION NO. 9984 A RESOLUTION MAKING AND ADOPTING FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO ORDINANCE NO. 7045 Whereas, the City Council on September 8, 2003 approved and passed Ordinance No. 7045 changing the zoning classifications for Lot 69 and Parcel K adjacent thereto, Pueblo Memorial Airport Industrial Park Subdivision, Pueblo, Colorado ("Lot 69") from County I-2, Light Industrial District, to S-1, Governmental Use District. Whereas, the findings of fact and conclusions of law contained in this Resolution relating to Ordinance No. 7045 are hereby adopted, approved, confirmed and ratified. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council hereby takes administrative notice of the following: (a) Lot 69 is located at the eastern edge of the Pueblo Memorial Airport Industrial Park and is located within the jurisdictional boundaries of the City. (b) Section 17-4-51(16) Governmental Use District (S-1) of the Pueblo Municipal Code. (c) Lot 69 is not adjacent to any residential areas and the closest residential area is located south of Lot 69 and separated by a utility corridor, mainline railroad trackage and U.S. Highway 50. (d) There is no direct access from Lot 69 to U.S. Highway 50. SECTION 2. The City Council hereby finds and determines that: (a) Lot 69 is to be used for a correctional or detention facility employing 300 people during the two-year construction phase and 167 people thereafter. (b) The zoning of Lot 69 to Governmental Use District (S-1) and such use of Lot 69 for a correctional or detention facility is: (i) compatible with the existing and proposed surrounding land uses; (ii) complies with the City's comprehensive plan; and (iii) furthers the goals and objectives of the City's comprehensive plan. SECTION 3. The City Council hereby interprets, construes and applies the provisions of Section 17-4- 51 (16) of the Pueblo Municipal Code as follows: (a) The use of Lot 69 for a correctional or detention facility is exclusively for governmental purposes; (b) The construction and operation of the facility by a non-governmental entity under contract with a governmental agency constitutes a use by such governmental agency in the discharge of its governmental duties; and (c) The facility and such use constitutes a use by right under Section 17-4-51(16)(b) of the Pueblo Municipal Code. SECTION 4. The City Council further finds and determines that the interpretation and application of Section 17-4-51(16) of the Pueblo Municipal Code set forth in Section 3 hereof meets, complies and conforms with and effectuates the legislative intent and purpose of Section 17-4-51(16) of the Pueblo Municipal Code. SECTION 5. This Resolution shall be effective upon final passage nunc pro tunc October 8, 2003. INTRODUCED November 10, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk