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HomeMy WebLinkAbout09363Reception 2126472 12/26/2018 02:37:39 PM ORDINANCE NO. 9363 AN ORDINANCE ANNEXING UNINCORPORATED LAND =_ COMMONLY KNOWN AS THE EVRAZ ANNEXATION NO. 2 DESCRIBED AS 41.13 ACRES OF LAND LOCATED EAST OF THE EVRAZ ANNEXATION NO. 1 o-- 3-a WHEREAS, the City Planning and Zoning Commission has recommended that the area m described in Section 1 hereof be annexed to the City of Pueblo; and, NL E: o 7. WHEREAS, the City Council has heretofore found and determined by Resolution that the mm ` Petition for Annexation and the area described in Section 1 hereof to be in compliance with the tim2 notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S. §31- Nmod 12-104, 105 and 107(1); and, m 0°M - GNY 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 NMS—• imposed upon the area described in Section 1 other than those set forth in the Petition for w Annexation and the Annexation Agreement; NOW THEREFORE, Ngo ti N t BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: -N L a lll 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: 1. AREA TO BE ANNEXED A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and 13, Township 21 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°54'21" E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39; thence N. 88°54'21" E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01°04'44" W. along said east right-of-way line, a distance of 300.00 feet; thence N. 01°04'44" W. continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88°54'21" E., a distance of 226.00 feet; thence N. 40°24'00" E., a distance of 128.98 feet to the Point of Beginning and the present City limits line; thence N. 40°24'00" E., a distance of 507.02 feet; thence N. 88°54'21" E., a distance of 342.00 feet; thence S. 01°05'39" E., a distance of 90.00 feet; thence S. 88°54'21" W., a distance of 44.00 feet; thence S. 01°05'39" E., a distance of 190.00 feet; thence N. 88°54'21" E., a 2126472 12/26/2018 02:37:39 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co mill ,kiI11111 distance of 120.00 feet; thence S. 01°05'39" E., a distance of 1,314.00 feet; thence S. 29°59'20" W., a distance of 548.00 feet; thence S. 01°05'39" E., a distance of 534.00 feet; thence S. 88°54'21"W., a distance of 471.00 feet; thence S. 01°05'39" E., a distance of 1,121.71 feet; thence S. 88°54'21" W., a distance of 100.00 feet; thence N. 01°05'39" W., a distance of 1,442.65 feet to the present City limits line; thence N. 88°54'21" E. along said City limits line, a distance of 100.00 feet; thence N. 01°05'39"W. continuing along said City limits line, a distance of 1,896.61 feet; the Point of Beginning. Containing 41.13 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the Southeast corner of said Block 39; thence N. 88°54'21" E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01°04'44"W. along said east right-of-way line, a distance of 300.00 feet; thence N. 01°04'44" W. continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88°54'21" E., a distance of 226.00 feet; thence N. 40°24'00" E., a distance of 128.98 feet to the Point of Beginning and the present City limits line; thence N. 40°24'00" E., a distance of 507.02 feet; thence N. 88°54'21" E., a distance of 342.00 feet; thence S. 01°05'39" E., a distance of 90.00 feet; thence S. 88°54'21" W., a distance of 44.00 feet; thence S. 01°05'39" E., a distance of 190.00 feet; thence N. 88°54'21" E., a distance of 120.00 feet; thence S. 01°05'39" E., a distance of 1,314.00 feet; thence S. 29°59'20" W., a distance of 548.00 feet; thence S. 01°05'39" E., a distance of 534.00 feet; thence S. 88°54'21"W., a distance of 471.00 feet; thence S. 01°05'39" E., a distance of 1,121.71 feet; thence S. 88°54'21" W., a distance of 100.00 feet; thence N. 01°05'39"W., a distance of 1,442.65 feet to the present City limits line. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraphs one (1) above, is now existing City Limits Line. 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 on or before second reading of this Ordinance,with such minor changes as the President of City Council and City Attorney may approve, is hereby authorized and approved. The President of the City Council is hereby authorized and directed 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. • 2126472 12/26/2018 02:37:39 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co SECTION 4. 11111 kirr'tg'Inill Ilialallw1 PAL lilt 111„1111111,1111k 11111 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 and directed 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 effectie for ad valorem tax purposes on and after January 1, 2019. /45.—i;-1..(:: :t. /o4 ,,,,,z, ,o.,„ INTRODUCED: October 22, 2018 /El' �;;;; ; ��'�� ° BY: Ed Brown "L -���fJJJ'�/%'t ;i MEM: • - TY COUNCIL YLnps ,� /.t`._...,5a / APPROVED: �y�� 1 L1J � PRESIDENT OF CITY COUNCIL - •'-,(,•Pc auvv4) ATTESTED BY.�" ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018 City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE EVRAZ ANNEXATION NO. 2 DESCRIBED AS 41.13 ACRES OF LAND LOCATED EAST OF THE EVRAZ ANNEXATION NO. 1 SUMMARY: The applicant is requesting to annex the property containing 41.13 acres into the City of Pueblo commonly known as the Evraz Annexation, No. 2. PREVIOUS COUNCIL ACTION: On August 27, 2018 City Council approved a Resolution No. 14039 preliminarily determining that the petition for annexation of the area commonly known as the Evraz Annexation, No. 2 is valid under the provisions of Colorado Revised Statutes Section 31- 12-107(1). BACKGROUND: The Evraz Annexation, No. 2 is the second parcel of a two-phase annexation totaling 49.97 acres. The Evraz Annexation area No. 2 is located directly east and south of the Evraz Annexation No. 1 property. Evraz is requesting to annex 41.13 acres into the City to facilitate the development of heavy industrial uses. The area currently contains some pre-existing industrial facilities and undeveloped property. Access to the property is currently via private roads that extend from the terminus of Indiana Avenue east of the I- 25 interchange. Sanitary Sewer Evraz, through its internal operations on the steel mill property, currently provides potable water and sanitary sewer service to its existing facilities. The Annexation Agreement (“Agreement”) acknowledges and agrees that Evraz may continue to provide such utility services on their property. The Agreement stipulates that Evraz has the right, but no obligation, to tap into the City's sanitary sewer system. If Evraz requests to tap into the City's sanitary sewer system, then the City will provide such service subject to and in conformity with the City's ordinances, rules and regulations relating to its sanitary sewer system and services, provided City will not be required to extend its sewer mains to the Property. Petitioner shall comply with all applicable City requirements for the installation of mains, lines, stations, and any other appurtenant sewer facilities in effect at the time of such request for sewer service. Stormwater Evraz currently operates and maintains a stormwater retention and drainage facility on their property. The Agreement stipulates that so long as (i) Evraz continues to operate and maintain the stormwater facility on their property, (ii) Evraz holds a stormwater discharge permit for the stormwater facility issued by the Colorado Department of Public Health and Environment and complies with the requirements of such permit, and (iii) the stormwater facility is not connected to or discharging stormwater into City-owned or managed stormwater facilities, Evraz shall not be in violation of City's stormwater utility ordinances (Chapter 12, Title XVI of the Pueblo Municipal Code) and as same may, from time to time, be amended ("Stormwater Ordinance"). Evraz would have the right, but no obligation, to tap into the City's stormwater system. If Evraz requests to tap into the City's stormwater system, then the City will provide such service subject to and in conformity with the City's ordinances, rules and regulations relating to its stormwater system and services, provided City will not be required to extend its stormwater mains to the Evraz property. Evraz will be required to comply with all applicable City requirements for the installation of mains, lines, stations, and any other appurtenant stormwater facilities in effect at the time of such request for stormwater service. Fire Protection Evraz, through its internal operations at the property, currently provides fire protection, hazardous material response, and emergency medical services. The Agreement acknowledges and agrees that Evraz may continue to provide such services to the property. The area is currently zoned I-3, Heavy Industry in Pueblo County, and the annexation agreement identifies that the property will be requested to be zoned into an I-3, Heavy Industry zone district within the City. Evraz has concurrently applied to zone the property within the City into an I-3 Heavy Industry zone district. The I-3 Heavy Industry zone district is consistent with the future development map contained in the Pueblo Regional Comprehensive Development Plan. The approval of the zoning request cannot be approved until the Annexation Ordinance is approved by City Council. FINANCIAL IMPLICATIONS: The Petitioners acknowledge and agree that upon the annexation, the property shall become subject to the Charter, ordinances, resolutions, rules, and regulations of the City. The City is prepared to furnish or extend municipal services, including but not limited to sanitary sewer services, to the area proposed to be annexed. However, if Evraz requests such services, Evraz will be required to comply with all applicable City requirements for the extension or installation of municipal services, including the payment of appropriate costs. BOARD/COMMISSION RECOMMENDATION: The City Planning and Zoning Commission reviewed the annexation at the September 12, 2018 Regular Meeting. A motion to approve the proposed annexation was made by Council Member Schilling, seconded by Commissioner Bailey to recommend approval of the proposed annexation petition. Motion passed 6-0 (San Filippo-Rosser 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: Annexation Agreement Minutes of the Planning and Zoning Commission September 12, 2018 Public Hearing Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9363 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE EVRAZ ANNEXATION NO. 2 DESCRIBED AS 41.13 ACRES OF LAND LOCATED EAST OF THE EVRAZ ANNEXATION NO. 1 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 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: 1. AREA TO BE ANNEXED A parcel of land located in a portion of the East one-half (1/2) of Sections 12, and th 13, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows. Considering the South line of Block 39 in Lake Minnequa Addition as filed for record in the Pueblo County records to bear N. 88°54’21” E. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of said Block 39; thence N. 88º54’21” E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of 300.00 feet; thence N. 01º04’44” W. continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N. 40º24’00” E., a distance of 128.98 feet to the Point of Beginning and the present City limits line; thence N. 40º24’00” E., a distance of 507.02 feet; thence N. 88º54’21” E., a distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S. 88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet; thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of 1,314.00 feet; thence S. 29º59’20” W., a distance of 548.00 feet; thence S. 01º05’39” E., a distance of 534.00 feet; thence S. 88º54’21” W., a distance of 471.00 feet; thence S. 01º05’39” E., a distance of 1,121.71 feet; thence S. 88º54’21” W., a distance of 100.00 feet; thence N. 01º05’39” W., a distance of 1,442.65 feet to the present City limits line; thence N. 88º54’21” E. along said City limits line, a distance of 100.00 feet; thence N. 01º05’39” W. continuing along said City limits line, a distance of 1,896.61 feet; the Point of Beginning. Containing 41.13 acres, more or less 2. PROPOSED NEW CITY LIMITS LINE: Commencing at the Southeast corner of said Block 39; thence N. 88º54’21” E., a distance of 125.00 feet to the east right-of-way line of the Denver and Rio Grande Railroad as presently located; thence N. 01º04’44” W. along said east right-of-way line, a distance of 300.00 feet; thence N. 01º04’44” W. continuing along said east right-of-way line, a distance of 950.00 feet; thence N. 88º54’21” E., a distance of 226.00 feet; thence N. 40º24’00” E., a distance of 128.98 feet to the Point of Beginning and the present City limits line; thence N. 40º24’00” E., a distance of 507.02 feet; thence N. 88º54’21” E., a distance of 342.00 feet; thence S. 01º05’39” E., a distance of 90.00 feet; thence S. 88º54’21” W., a distance of 44.00 feet; thence S. 01º05’39” E., a distance of 190.00 feet; thence N. 88º54’21” E., a distance of 120.00 feet; thence S. 01º05’39” E., a distance of 1,314.00 feet; thence S. 29º59’20” W., a distance of 548.00 feet; thence S. 01º05’39” E., a distance of 534.00 feet; thence S. 88º54’21” W., a distance of 471.00 feet; thence S. 01º05’39” E., a distance of 1,121.71 feet; thence S. 88º54’21” W., a distance of 100.00 feet; thence N. 01º05’39” W., a distance of 1,442.65 feet to the present City limits line. 3. CERTIFICATION OF PERIMETER: At least one-sixth of the boundary of the land described in paragraphs one (1) above, is now existing City Limits Line. 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 on or before second reading of this Ordinance, with such minor changes as the President of City Council and City Attorney may approve, is hereby authorized and approved. The President of the City Council is hereby authorized and directed 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 and directed 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, 2019. INTRODUCED: October 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018