HomeMy WebLinkAbout09555Reception 2156818
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ORDINANCE NO. 9555
AN ORDINANCE ANNEXING UNINCORPORATED LAND
COMMONLY KNOWN AS THE EVRAZ ANNEXATION NO. 4
AND DESCRIBED AS 4.15 ACRES OF LAND LOCATED
SOUTH AND EAST OF THE EVRAZ ANNEXATION
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 approved by Ordinance
No. 9362 dated November 12, 2018 and recorded under Reception No. 2126469 in the
office of the Pueblo County Clerk and Recorder; 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 Colorado 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.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1111 11111
40°24'00" E., a distance of 636.00 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
to the Point of Beginning and present City limits line; thence S01°05'39"E, a distance of
384.00; thence S88°54'21"W., a distance of 471.00 feet to the present City limits line;
thence N01°05'39"W, along said City limits line, a distance of 384.00 feet; thence
N88°54'21"E., along the said City Limits line, a distance of 471.00 feet to the Point of
Beginning.
Containing 4.15-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 636.00 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
to the Point of Beginning and present City limits line; thence S01°05'39"E, a distance of
384.00; thence S88°54'21"W., a distance of 471.00 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, approved through Ordinance No. 9362 dated
November 12, 2018, 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 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.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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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 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, 2020.
Action by City Council:
Introduced and initial adoption of Ordinance by City council on September 9, 2019 .
Final adoption of Ordinance by City Council on Se•tember 23 2019
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President 'if City Council
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Gilbert Ortof 4iz ClerkR 28/Recorder00D , Pueblo 11 2Cou.0nty; Co
Action by the Mayor:
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Approved on ?-a L /
❑ Disapproved on based on the following objections:
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Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
O Ordinance re-adopted on a vote of , on
O Council action on failed to override the Mayor's veto.
President of City Council
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City Clerk .`,.n�. � ry
City Clerk’s Office Item # R-10
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 9, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY
KNOWN AS THE EVRAZ ANNEXATION NO. 4 AND DESCRIBED AS 4.15-
ACRES OF LAND LOCATED SOUTH AND EAST OF THE EVRAZ
ANNEXATION
SUMMARY:
The applicant is requesting to annex the property containing 4.15-acres into the City of
Pueblo commonly known as the Evraz Annexation, No. 4.
PREVIOUS COUNCIL ACTION:
On August 12, 2019 City Council approved Resolution No. 14260 preliminarily
determining that the petition for annexation of the area commonly known as the Evraz
Annexation, No. 4 is valid under the provisions of Colorado Revised Statutes Section 31-
12-107(1).
BACKGROUND:
The Evraz Annexation, No. 4 is 4.15-acres that are located south and east of the Evraz
annexation. The Evraz Annexation was a 49.97-acre addition to the City of Pueblo
approved on November 12, 2018 by Ordinance No. 9363. The Petitioners are requesting
to annex 4.15-acres into the City in addition to the previously annexed area to facilitate
the development of heavy industrial uses. The area currently contains some pre-existing
industrial facilities and undeveloped property. The access to the property currently is 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”) previously approved with the 2018 Evraz Annexations will be amended to
include the 4.15-acres and 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
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 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. The I-3 Heavy Industry zone district is consistent
with the future development map contained in the Pueblo Regional Comprehensive
Development Plan.
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,
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.
BOARD/COMMISSION RECOMMENDATION:
The City Planning and Zoning Commission reviewed the annexation at the September
11, 2019 Regular Meeting. A motion to approve the proposed annexation was made by
Commissioner Schilling, seconded by Commissioner San-Filippo Rosser. Motion passed
4-0 (Commissioners Avalos and Castellucci 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:
Planning and Zoning Commission Staff Report A-19-08 with Exhibits