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HomeMy WebLinkAbout09196 ORDINANCE NO. 9196 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR TH PROPERTY GENERALLY LOCATED WEST OF NORTH 27 LANE, SOUTHWEST OF THE BLACK HILLS POWER PLANT, EAST OF CESAR CHAVEZ PARKWAY AND VILLA BELLA PUD BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions covering the following described property and generally identified in the attached Rezone Exhibit is hereby changed from A-1, Agricultural One District in Pueblo County to A-1, Agricultural One District in the City of Pueblo: AREA 1 A parcel of land, located in the S 1/2 of Section 15, the NE 1/4 of Section 21, Section 22 and the N 1/2 of Section 27, all being located in 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°04'28"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: Beginning at the SW Corner of said Section 22, being marked on the ground by a 3 1/4" aluminum cap on 2” pipe, PLS 16128, found in place; 1) thence along the South line of said Section 22, N88°12'17"E, a distance of 2618.17 feet, to the S 1/4 Corner of said Section 22, being marked on the ground by a 2 1/2" aluminum cap on 2" pipe, PLS 16128, 1990, found in place; 2) thence along said North-South centerline of said Section 22, N01°24'22"W, a distance of 1320.77 feet, to the C-S 1/16 corner of said Section 22; 3) thence along the North line of the SW 1/4 of the SE 1/4 of said Section 22, N87°11'17"E, a distance of 1300.32 feet, to the SE 1/16 Corner of said Section 22; 4) thence along the West line of the NE 1/4 of the SE 1/4 of said Section 22, N01°26'11"W, a distance of 1309.34 feet, to the C-E 1-16 Corner of said Section 22; 5) thence along the West line of the SE 1/4 of the NE 1/4 of said Section 22, N01°26'30"W, a distance of 1295.26 feet, to the NE 1/16 Corner of said Section 22; 6) thence along the South line of the NW 1/4 of the NE 1/4 of said Section 22, S87°35'21"W, a distance of 1298.63 feet, to the C-N 1/16 Corner of said Section 22; 7) thence along said North-South centerline of Section 22, S01°24'22"E, a distance of 1292.96 feet, to the C 1/4 Corner of said Section 22; 8) thence along the South line of the SE 1/4 of the NW 1/4 of said Section 22, S87°41'29"W, a distance of 1306.84 feet, to the C-W 1/16 Corner of said Section 22; 9) thence along the West line of said SE 1/4 of the NW 1/4 of Section 22, N01°12'45"W, a distance of 1304.01 feet, to the NW 1/16 Corner of said Section 22; 10) thence along the South line of the NW 1/4 of the NW 1/4 of said Section 22, S88°10'27"W, a distance of 1302.30 feet, to the N 1/16 Corner of said Sections 21 and 22; 11) thence along the South line of the NE 1/4 of the NE 1/4 of said Section 21, S89°11'35"W, a distance of 1323.65 feet, to the NE 1/16 Corner of said Section 21; 12) thence along the East line of the SW 1/4 of the NE 1/4 of said Section 21, S01º16’06”E, a distance of 1315.92 feet, to the C-E 1/16 Corner of said Section 22; 13) thence along the East-West centerline of said Section 22, S89°09'27"W, a distance of 801.59 feet, to a point on the North right-of-way line of Colorado Highway No. 47; 14) thence along said North right-of-way line, N61°41'43"W, a distance of 595.17 feet, to a point on the North-South center line of said Section 21;  15) thence along said North-South centerline, N0130’52”W, a distance of 2343.70 feet, to the N 1/4 Corner of said Section 21, being marked on the ground by a 2 1/2" aluminum cap on #6 rebar, PLS 36061, found in place; 16) thence along the North line of said Section 22, N89°13'42"E, a distance of 2658.63 feet, to the NE Corner of said Section 22, being marked on the ground by a 3 1/4" aluminum cap on 2” pipe, PLS 16128, 1993, found in place;  17) thence along said West line of said Section 15, N0123’28”W, a distance of 2147.99 feet, to a point on the South right-of-way line of Rawlings Boulevard as shown on the plat of Black Hills Subdivision, Filing No. 1, a Special Area Plan, recorded under Reception No. 1893083; 18) thence along said South right-of-way line, the following four (4) courses: 1) 648.68 feet, along a non-tangent curve to the left, having a radius of 1310.00 feet, a tangent of 331.13 feet, a delta of 28º22’17”, and a chord of 642.07 feet that bears N73º58’45”E; 2) N59º47’37”E, a distance of 100.00 feet; 3) 572.57 feet, along a curve to the right, having a radius of 1160.00 feet, a tangent of 292.24 feet, a delta of 28º16’52”, and a chord of 566.78 feet that bears N73º56’03”E; 4) N88º04’28”E, a distance of 3785.80 feet, to a point on the West right-of-way line of th North 27 Lane, recorded under said Reception No. 1893083; 19) thence along said West right-of-way line, the following four (4) courses: 1) S01º20’56”E, a distance of 2488.79 feet; 2) S01º28’38”E, a distance of 2595.30 feet: 3) S01º28’02”E, a distance of 2595.77 feet; 4) S01º27’23”E, a distance of 1411.87 feet, to the North most point of the Additional North th 27 Lane right-of-way, recorded under Reception No. 1881553; 20) thence along the West line of the parcel described under Reception No. 1881553, the following five (5) courses: 1) S01º18’40”W, a distance of 252.65 feet; 2) S01º26’14”E, a distance of 162.36 feet; 3) 23.87 feet, along a curve to the right, having a radius of 125.00 feet, a tangent of 11.97 feet, a delta of 10º56’32”, and a chord of 23.84 feet that bears S04º02’02”W; 4) 13.37 feet, along a curve to the right, having a radius of 13.75 feet, a tangent of 7.27 feet, a delta of 55º42’21”, and a chord of 12.85 feet that bears S37º21’29”W; 5) S65º12’38”W, a distance of 17.54 feet, to a point on the North right-of-way line of Pete Jimenez Parkway, recorded under Reception No. 1727442; 21) thence along said North right-of-way line, the following eighteen (18) courses: 1) N76º44’30”W, a distance of 134.50 feet; 2) N13º15’30”E, a distance of 40.00 feet; 3) N76º44’30”W, a distance of 100.00 feet; 4) S13º15’30”W, a distance of 40.00 feet; 5) N76º44’30”W, a distance of 602.17 feet; 6) N13º15’30”E, a distance of 40.00 feet; 7) N76º44’30”W, a distance of 279.24 feet; 8) S13º15’30”W, a distance of 40.00 feet; 9) N76º44’30”W, a distance of 1785.02 feet; 10) N13º15’30”E, a distance of 40.00 feet; 11) N76º44’30”W, a distance of 100.00 feet; 12) S13º15’30”W, a distance of 40.00 feet; 13) N76º44’30”W, a distance of 721.06 feet; 14) N13º15’30”E, a distance of 50.00 feet; 15) N76º44’30”W, a distance of 273.55 feet; 16) 333.54 feet along a curve to the left, having a radius of 8110.00 feet, a tangent of 166.80 feet, a delta of 02º21’23”, and a chord of 333.52 feet that bears N77º55’12”W; 17) S10º54’06”W, a distance of 50.00 feet; 18) 854.99 feet along a non-tangent curve to the left, having a radius of 8060.00 feet, a tangent of 427.89 feet, a delta of 06º04’40”, and a chord of 854.59 feet that bears N82º08’14”W; to a point on the West line of said Section 27;  22) thence along said West line, N0131’49”W, a distance of 536.55 feet, to the point of beginning. Said parcel contains 867.392 acres, more or less. AREA 2 A parcel of land, located in the N 1/2 of Section 15, 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°04'28"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: Beginning at the NW Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 1) thence along the North line of said Section 15, N88°05'36"E, a distance of 2595.90 feet, to the N 1/4 Corner of said Section 15, being marked on the ground by a 3 1/4" aluminum cap, PLS 31161, 2000, found in place; 2) thence continuing along said North line of Section 15, N88°04'42"E, a distance of 2268.34 th feet, to a point on the West right-of-way line of North 27 Lane, recorded under said Reception No. 1893083; 3) thence along said West right-of-way line, S01°21'42"E, a distance of 2638.65 feet, to a point on the North right-of-way line of Rawlings Boulevard, recorded under said Reception No. 1893083; 4) thence along said North right-of-way line, the following four (4) courses: 1) S88º04’28”W, a distance of 3607.13 feet; 2) 646.61 feet, along a curve to the left, having a radius of 1310.00 feet, a tangent of 330.03 feet, a delta of 28º16’52”, and a chord of 640.07 feet that bears S73º56’03”W; 3) S59º47’37”W, a distance of 100.00 feet; 4) 573.24 feet, along a curve to the right, having a radius of 1160.00 feet, a tangent of 292.60 feet, a delta of 28º18’51”, and a chord of 567.43 feet that bears S73º57’02”W, to a point on the West line of said Section 15; 5) thence N01°23'28"W, a distance of 342.23 feet, to the West 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; 6) thence along said West line of the Section 15, N01°23'23"W, a distance of 1649.78 feet, to the Southeast Corner of the property recorded under Reception No. 1399111; 7) thence along the South line of said property recorded under Reception No. 1399111, N88°05'11"E, a distance of 1297.95 feet, to a point of the East line of the NW 1/4 of the NW 1/4 of said Section 15; 8) thence along said East line of the NW 1/4 of the NW 1/4 of Section 15, N01°23'23"W, a distance of 405.41 feet, to the Northwest Corner of the property recorded under Reception No. 1267842; 9) thence along the North line of said property recorded under Reception No. 1267842, S88°05'19"W, a distance of 1297.95 feet, to a point on said West line of Section 15; 10) thence along said West line of Section 15, N01°23'23"W, a distance of 584.41 feet, to the point of beginning. Said Parcel contains 287.387 acres, more or less. AREA 3 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°04'28"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: 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: 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 06º44’34”, and a chord of 864.69 feet that bears S81º57’29”E; 2) S11º09’48”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 02º05’42”, and a chord of 287.18 feet that bears S77º47’21”E; 4) S76º44’30”E, a distance of 299.14 feet; 5) N13º15’30”E, a distance of 85.50 feet; 6) S76º44’30”E, a distance of 687.81 feet; 7) S13º15’30”W, a distance of 50.00 feet; 8) S76º44’30”E, a distance of 115.32 feet; 9) N13º15’30”E, a distance of 50.00 feet; 10) S76º44’30”E, a distance of 1804.77 feet; 11) S13º15’30”W, a distance of 50.00 feet; 12) S76º44’30”E, a distance of 292.45 feet; 13) N13º15’30”E, a distance of 50.00 feet; 14) S76º44’30”E, a distance of 546.33 feet; 15) S13º15’30”W, a distance of 75.00 feet; 16) S76º44’30”E, a distance of 100.00 feet; 17) N13º15’30”E, a distance of 75.00 feet; 18) N76º44’30”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. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 10, 2017 BY: Ed Brown PASSED AND APPROVED: October 23, 2017 City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 10, 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 AMENDING ZONING RESTRICTIONS FOR PROPERTY TH GENERALLY LOCATED WEST OF NORTH 27 LANE, SOUTHWEST OF THE BLACK HILLS POWER PLANT, EAST OF CESAR CHAVEZ PARKWAY AND VILLA BELLA PUD SUMMARY: The applicant is requesting to rezone the proposed Airport West Annexation property containing 1,311.79 acres to A-1, Agricultural One District. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The property is currently zoned A-1 in Pueblo County, and the proposed annexation agreement identifies that the property shall be requested to be placed in A-1 zone district within the City. The A-1 Agricultural One Zone District would be established 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: There are no financial implications for the City BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 12, 2017 Regular Meeting, voted 4-0 with Commissioners Latka, Webb and Lujan-Slak absent, to recommend approval of the proposed rezoning. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, the current zoning would remain. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance. Attachments: Minutes of the Planning and Zoning Commission April 12, 2017 Regular Meeting Planning and Zoning Commission Staff Report with Exhibits