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HomeMy WebLinkAbout10453ORDINANCE NO. 10453 AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE PUEBLO COUNTY DETENTION CENTER ANNEXATION TO THE CITY OF PUEBLO DESCRIBED AS 69.90 ACRES OF LAND LOCATED WEST OF THE INTERSECTION OF WEST 24TH STREET AND PUEBLO 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; 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: ANNEXATION AREA TO BE ANNEXED A parcel of land being all of N 1/2 of the SE 1/4 of Section 21, Township 20 South, Range 65 West of the Sixth Principal Meridian, less a portion conveyed to The Department of Highways, State of Colorado, by Special Warranty Deed recorded August 9, 1973, in Book 1757 Page 282, County of Pueblo, State of Colorado. Said parcel being more particularly described as follows: BEGINNING at the NW corner of said N 1/2 of the SE 1/4 of Section 21; thence N 89°23’59” E (bearings based on the north line of said N 1/2 of the SE 1/4 of Section 21 monumented on the west end with a No. 6 rebar and 3 1/4” aluminum cap PLS No. 24964 and on the east end with a BLM 3 1/4” brass cap to bear N 89°23’59” E) along the north line of said N 1/2 of the SE 1/4 of Section 21, a distance of 2333.68 feet to a point on the westerly right of way line of Colorado State Highway No. 45; thence S 01°36’50” W along said westerly right of way line, a distance of 1319.23 feet to a point on the south line of said N 1/2 of the SE 1/4 of Section 21; thence S 89°21’02” W along said south line, a distance of 2282.67 feet to the SW corner of said N 1/2 of the SE 1/4 of Section 21; thence N 00°36’08” W along the west line of said N 1/2 of the SE 1/4 of Section 21, a distance of 1320.20 feet to the POINT OF BEGINNING. Said Parcel contains 69.90 acres, more or less. PROPOSED NEW CITY LIMITS LINE A line located within the NE1/4 of the SE1/4 of Section 21, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado. Said line being more particularly described as follows: BEGINNING at a point on the current City Limits Line being the NW corner of said NE 1/4 of the SE 1/4 of Section 21; thence N 89°23’59” E (bearings based on the north line of the N 1/2 of the SE 1/4 of said Section 21 monumented on the west end with a No. 6 rebar and 3 1/4” aluminum cap PLS No. 24964 and on the east end with a BLM 3 1/4” brass cap to bear N 89°23’59” E) along the north line of said N 1/2 of the SE 1/4 of Section 21, a distance of 1016.84 feet to a point on the westerly right of way line of Colorado State Highway No. 45; thence S 01°36’50” W along said westerly right of way line, a distance of 1319.23 feet to a point on the current City Limits Line being a point on the south line of said NE1/4 of the SE 1/4 of Section 21 and the POINT OF TERMINIUS. CERTIFICATION OF PERIMETER At least one-sixth of the boundary of the land described in paragraph one (1) above, is now existing City Limits Line. At least one-sixth of the boundary of the land described in the annexation above is now existing city limits line. The complete annexation is within 3 miles of present city limits. 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; 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 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, 2024. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 24, 2023. Final adoption of Ordinance by City Council on May 8, 2023. President of City Council Action by the Mayor: ☒ Approved on May 09, 2023 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk's Office Item # R6 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 8, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE ANNEXING UNINCORPORATED LAND COMMONLY KNOWN AS THE PUEBLO COUNTY DETENTION CENTER ANNEXATION TO THE CITY OF PUEBLO DESCRIBED AS 69.90 ACRES OF LAND LOCATED WEST OF THE INTERSECTION OF WEST 24TH STREET AND PUEBLO BOULEVARD SUMMARY: The petitioner, Pueblo County, is requesting to annex the property containing 69.90 acres into the City of Pueblo commonly known as the Pueblo County Detention Center Annexation to the City of Pueblo. PREVIOUS COUNCIL ACTION: On February 27, 2023 City Council approved a Resolution No. 15154 preliminarily determining that the petition for annexation of the area commonly known as the Pueblo County Detention Center Annexation is valid under the provisions of Colorado Revised Statutes Section 31-12-107(1). BACKGROUND: The Pueblo County Detention Center Annexation is located west of the intersection of th West 24 Street and Pueblo Boulevard. The Petitioners are requesting to annex 69.90 acres into the City to provide for a new County detention center on approximately 25.47 acres on the southwestern portion of the property. The remaining approximately 44.43 acres of property is slated to be developed with a mixture of commercial uses, although this part of the property is proposed to be initially rezoned into an A-1 Agricultural holding zone. Prior to any development or subdivision, the A-1 property will be required to be zoned into the zone district that is most consistent with the future land use designation in the Pueblo Regional Development Plan. The proposed annexation site is currently zoned Pueblo County R-6, Multiple- Residential and Commercial District and Pueblo County A-1, Agricultural District. The property located north of the proposed annexation area contains a commercial auction business that is zoned Pueblo County B-4, Community Business District, and a vacant parcel zoned Pueblo County R-6, Multiple-Residential and Commercial District. The property east of Pueblo Boulevard is vacant and undeveloped, located within the city, and zoned B-3 Highway and Arterial Business District. The remaining property to the northwest, west, and south of the proposed annexation area is owned by the City of Pueblo and is managed as the Honor Farm Park and Open Space Area zoned S-1 Governmental within city limits. The proposed annexation and development of a detention facility on the southwestern portion of the property, and commercial mixed-use development on the remainder of the property is compatible with the adjacent commercial uses. The western 40 acres of the property is currently zoned Pueblo County A-1, Agricultural One and the remaining 29.9 acres zoned Pueblo County R-6, Multiple-Residential and Commercial District. The annexation agreement identifies that the 25.467-acre area for the County Detention Facility will be zoned City S-1, Governmental Use and the remaining 44.433-acre area will be zoned City A-1 Agricultural District. The annexation agreement allows for the A-1 zone district to continue for not more than 10 years and prohibits building permits from being issued until the property is rezoned to a zone district that is consistent with the Pueblo Comprehensive Plan. Following annexation, the applicant intends to subdivide the 69.9-acre parcel into one lot for the detention facility and three parcels for future resubdivision and development. The proposed annexation is located Institutional Mixed Use and Commercial Mixed Use future land categories as identified in the 2023 Pueblo Regional Comprehensive Plan. The future proposed land uses are consistent with the future land use designations. FINANCIAL IMPLICATIONS: The Petitioner acknowledges and agrees 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 April 12, 2023 Regular Meeting. A motion to approve the proposed annexation was made by Commissioner Bailey, Commissioner Spinuzzi to recommend approval of the proposed annexation petition. Motion passed 7-0. 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: 1. Pueblo County Jail Annexation Attachments