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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: 2082651 ORD 09/19/2017 10:12:55 AM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, co 1111 Wilr.ri113 V,I:01 k NC111111 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. 2082651 ORD 09/19/2017 10:12:55 AM Page: 3 8. De 0.00 11 280 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). 208 �82651 ORD 09/19/2017 10:12:55 AM Gilbert40rtl z4C1 a k2/Reoorder0 Pu0eb1o28o 00y Co 1111 rd lil l VI 1CIALICL I'L'l'it!0r444iliiiii Ili II 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 41 � � A i '4 `�� 74,A4 G BY: Ed Bro � ii41 � � ♦ CO i+' R'.ON 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.