HomeMy WebLinkAbout09156Reception 2082651
09/19/2017 10:12:55 AM 2082651 ORD 09/19/2017 10:12:55 AM
ORDINANCE NO. 9156
AN ORDINANCE ANNEXING UNINCORPORATED LAND
COMMONLY KNOWN AS AIRPORT WEST ANNEXATION,
PHASE 3 DESCRIBED AS 157.013 ACRES OF LAND WEST
OF THE PUEBLO AIRPORT INDUSTRIAL PARK AND
SOUTH OF PETE JIMENEZ BOULEVARD
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;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described area situated in Pueblo County, Colorado, is hereby
annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth
in the Petition for Annexation and the Annexation Agreement, and the official map of the
City shall be amended to show such annexation:
I. AREA TO BE ANNEXED:
A parcel of land, located in the N 1/2 of Section 27, Township 20 South, Range 64 West
of the 6th P.M., County of Pueblo, State of Colorado, with all the bearings contained
herein based upon a bearing of N88°0428"E, as measured between the W 1/4 Corner
of said Section 15, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar,
PLS 31161, 2000, found in place, and the E 1/4 Corner of said Section 15, being marked
on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10093, 19840, found in place,
said parcel being more particularly described as follows:
PARCEL 1
Beginning at the W 1/4 Corner of said Section 27, being marked on the ground by a 3
1/4" aluminum cap on 2" pipe, PLS 16128, 1993, found in place;
1) thence along the West line of said Section 27, N01°31'49"W, a distance of
1979.44 feet, to a point on the South right-of-way line of Pete Jimenez Parkway,
recorded under Reception No. 1727442;
2) thence along said South right-of-way line, the following eighteen (18) courses:
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Gilbert Ortiz Clerk/Recorder. Pueblo County, co
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1) 865.12 feet along a non-tangent curve to the right, having a radius of 7940.00
feet, a tangent of 432.99 feet, a delta of 06°44'34", and a chord of 864.69 feet
that bears S81°57'29"E;
2) S11°09'48"W, a distance of 85.50 feet;
3) 287.20 feet along a curve to the left, having a radius of 7854.5 feet, a tangent
of 143.61 feet, a delta of 02°05'42", and a chord of 287.18 feet that bears
S77°47'21"E;
4) S76°44'30"E, a distance of 299.14 feet;
5) N13°15'30"E, a distance of 85.50 feet;
6) S76°44'30"E, a distance of 687.81 feet;
7) S13°15'30"W, a distance of 50.00 feet;
8) S76°44'30"E, a distance of 115.32 feet;
9) N13°15'30"E, a distance of 50.00 feet;
10) 576°44'30"E, a distance of 1804.77 feet;
11) S13°15'30"W, a distance of 50.00 feet;
12) 576°44'30"E, a distance of 292.45 feet;
13) N13°15'30"E, a distance of 50.00 feet;
14) 576°44'30"E, a distance of 546.33 feet;
15) S13°15'30"W, a distance of 75.00 feet;
16) S76°44'30"E, a distance of 100.00 feet;
17) N13°15'30"E, a distance of 75.00 feet;
18) N76°44'30"W, a distance of 376.32 feet, to a point on the East line of said
Section 27;
3) thence along said East line of Section 27, S01°27'23"E, a distance of 598.55
feet, to the East 1/4 Corner of said Section 27, being marked on the ground by
a 2" aluminum cap attached to a 1" axle, PLS 13155, 2005, found in place;
4) thence along the East-West centerline of said Section 27, S87°28'36"W, a
distance of 5216.94 feet, to the point of beginning.
Said Parcel contains 157.013 acres, more or less.
II. NEW CITY LIMIT:
Beginning at a point on East line of Section 27, also being a point on the South right-of
way line of Pete Jimenez Parkway, recorded under Reception No. 1727442, from where
the East 1/4 Corner of said Section 27, being marked on the ground by a 2" aluminum
cap attached to a 1" axle, PLS 13155, 2005, found in place, bears S01°27'23"E, a
distance of 598.51 feet,
1) thence along said East line of Section 27, S01°27'23"E, a distance of 598.55
feet, to said East 1/4 Corner of said Section 27;
2) thence along the East-West centerline of said Section 27, S87°28'36"W, a
distance of 5216.94 feet, to the W 1/4 Corner of said Section 27, being marked
on the ground by a 3 1/4" aluminum cap on 2" pipe, PLS 16128, 1993, found in
place;
3) thence along the West line of said Section 27, N01°31'49"W, a distance of
1979.44 feet, to a point on said South right-of-way line of Pete Jimenez Parkway,
recorded under Reception No. 1727442;
said point also being the point of terminus.
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Gilbert Ortof 4 iz Clerk/R 2Recorder00 , Pueblo County, Co
fill 111111
III. CERTIFICATION OF PERIMETER:
The perimeter of the parcel of land to be annexed, as shown and described hereon, meets
the required 1/6 contiguity with the current city limits of the City of Pueblo.
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;
(b) File for recording three certified copies of this Ordinance and annexation map with
the Pueblo County Clerk and Recorder;
(c) File one certified copy of the annexation map and this Ordinance with the
Southeastern Colorado Water Conservancy District.
SECTION 5.
The officers of the City are hereby authorized and directed to take all other actions
necessary or appropriate, on behalf of the City, to effectuate 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).
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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, 2018.
/� %�o \, INTRODUCED: JULY 24, 2017
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'4 `�� 74,A4 G BY: Ed Bro
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A.. 011 APPROVED: t,.
e PRESIDENT OF CITY COUNCIL
ATTESTED BY: 1!�,� t�. 1
CITY CLERK
PASSED AND APPROVED: August 14, 2107
City Clerk’s Office Item # V-3
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
July 24, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN
AS AIRPORT WEST ANNEXATION, PHASE 3 DESCRIBED AS 157.013 ACRES
OF LAND WEST OF THE PUEBLO AIRPORT INDUSTRIAL PARK AND SOUTH
OF PETE JIMENEZ BOULEVARD
SUMMARY:
The applicant is requesting to annex the property commonly known as the Airport West
Annexation, Phase 3.
PREVIOUS COUNCIL ACTION:
On September 12, 2016 City Council approved a Resolution No. 13519 preliminarily determining
that the petition for annexation of the area commonly known as the Airport West Annexation,
Phase 1 is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1).
BACKGROUND:
The Airport West Annexation, Phase 3 is the third parcel of a three-phase annexation totaling
1,311.79 acres. The Phase 3 area is located west of the Pueblo Airport Industrial Park and south
of Pete Jimenez Boulevard. The Petitioners are requesting to annex 157.013 acres into the City
to facilitate future development that will be integrated with the existing eastern portion of the City
and the Airport Industrial Park area. While the area is currently undeveloped, the public rights-
thth
of-way for North 27 Lane and Rawlings Boulevard are dedicated. North 27 Lane has been
constructed and provides access for future development within the areas proposed to be
annexed. In addition, the Pueblo Board of Water Works has installed water service lines along
th
North 27 Lane and within the right-of-way of Rawlings Boulevard connecting to the Black Hills
Energy Generation Plant. These service lines can provide water service to the Airport West
annexation area.
The area is currently zoned A-1 in Pueblo County, and the annexation agreement identifies that
the property will be requested to be placed in A-1 zone district within the City. No later than ninety
(90) days after the effective date of the Ordinance annexing the Property, the Petitioner will
petition the Property to be zoned Agricultural One (A-1) for a period not to exceed 120 months
from the date of the annexation is approved. However, no building or occupancy permit will 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 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 the Property has been classified or will in the reasonable future be
classified under the Pueblo Regional Comprehensive Development Plan.
FINANCIAL IMPLICATIONS:
The Petitioner acknowledges and agrees that upon the annexation of the area proposed to be
annexed, the area 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.
The City of Pueblo will provide police and fire protection services to the property; in addition the
public roads and sanitary sewer main extensions will be maintained by the City of Pueblo once
they have been constructed and accepted by the City.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the February 8, 2017
Regular Meeting. A motion to approve the proposed annexation was made by Commissioner
Lucas, seconded by Commissioner Webb with the following conditions of approval:
1. The annexation plats for the three phases shall be approved by the Director of Public Works.
2. An annexation agreement is approved and signed by all Petitioners and/or authorized
representatives.
3. In compliance with C.R.S.31-12-105\[1\]-\[e\], the City Council shall approve an update to the
three-mile annexation plan prior to any final approval of the annexation.
Motion passed 5-0 (Latka and Lujan-Slak absent).
All conditions have been complied with by the Petitioners and City Departments.
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.