HomeMy WebLinkAbout10494ORDINANCE NO. 10494
AN ORDINANCE AMENDING ZONING RESTRICTIONS TO REZONE
APPROXIMATELY 25.47-ACRES FROM PUEBLO COUNTY A-1 TO CITY OF
PUEBLO S-1, GOVERNMENT USE ZONE DISTRICT AND APPROXIMATELY
44.44-ACRES FROM PUEBLO COUNTY A-1 AND R-6 TO CITY OF PUEBLO A-
1, AGRICULTURAL ONE ZONE DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The zoning restrictions covering the following described property, and in addition half of
all adjacent dedicated roadway and alley rights-of-way, together generally identified in the
attached Rezone Exhibit, is hereby changed from Pueblo County A-1 to City of Pueblo S-1,
Government Use Zone District and Pueblo County A-1 and R-6 to City of Pueblo A-1,
Agricultural One Zone District:
1 - DETENTION CENTER
REZONE A-1 (COUNTY) TO S-1 (CITY)
A PORTION OF THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21),
TOWNSHIP TWENTY (20) SOUTH, RANGE SIXTY-FIVE (65) WEST OF THE SIXTH
PRINCIPAL MERIDIAN (6TH P.M.) BEGINNING AT THE NORTHWEST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 21, THENCE, N 89° 24' 14" E, ALONG THE
NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 121.12 FEET TO THE
SOUTHERLY LINE OF MEDAL OF HONOR BLVD; THENCE, S 59° 54' 13" E, ALONG SAID
SOUTHERLY LINE, A DISTANCE OF 1153.83 FEET TO THE BEGINNING OF A CURVE
TURNING TO THE LEFT; THENCE CONTINUING ALONG SAID SOUTHERLY LINE ON
SAID CURVE, A DISTANCE OF 39.27 FEET, THROUGH AN ANGLE OF 01° 12' 07",
HAVING A RADIUS OF 1872.00 FEET, AND WHOSE LONG CHORD BEARS S 60° 30' 16"
E, A DISTANCE OF 39.27 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE
OF A PUBLIC RIGHT OF WAY. THENCE, S 27° 58' 34" W, ALONG SAID WEST LINE, A
DISTANCE OF 250.99 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE
CONTINUING ALONG SAID WEST LINE ON SAID CURVE, A DISTANCE OF 188.18
FEET, TURNING THROUGH AN ANGLE OF 28° 22' 23", HAVING A RADIUS OF 380.00
FEET, AND WHOSE LONG CHORD BEARS S 13° 47' 23" W, A DISTANCE OF 186.26
FEET. THENCE, S 00° 23' 49" E, CONTINUING ALONG SAID WEST LINE, A DISTANCE
OF 309.93 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID
SOUTHEAST QUARTER; THENCE, S 89° 20' 51" W, ALONG SAID SOUTH LINE, A
DISTANCE OF 979.73 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST
QUARTER; THENCE N 00° 36' 13" W, ALONG SAID WEST LINE, A DISTANCE OF
1320.37 FEET TO THE POINT OF BEGINNING.
CONTAINING 25.467 ACRES, MORE OR LESS.
2 - COMANCHE SOUTH
REZONE A-1 AND R-6 (COUNTY) TO A-1 (CITY)
HOLDING ZONE (UNDEVELOPABLE)
A PORTION OF THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21),
TOWNSHIP TWENTY (20) SOUTH, RANGE SIXTY-FIVE (65) WEST OF THE SIXTH
PRINCIPAL MERIDIAN (6TH P.M.)
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 21, THENCE S 89° 24' 14” W, ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER, A DISTANCE OF 300.00 FEET TO THE WEST LINE OF
COLORADO STATE HIGHWAY NO. 45; THENCE S01°36'45” W, ALONG SAID WEST
LINE, A DISTANCE OF 1319.21FEET TO A POINT ON THE SOUTH LINE OF THE NORTH
HALF OF SAID SOUTHEAST QUARTER AND THE POINT OF BEGINNING;
THENCE, S 89° 21' 12" W, ALONG SAID SOUTH LINE, A DISTANCE OF 964.40 FEET TO
THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SOUTHEAST
QUARTER; THENCE, S 89° 20' 51" W, ALONG SAID SOUTH LINE, A DISTANCE OF
278.54 FEET TO A POINT ON THE EAST LINE OF A PUBLIC RIGHT OF WAY;
THENCE, N 00° 23' 49" W, ALONG SAID EAST LINE FOR A DISTANCE OF 309.66 FEET
TO THE BEGINNING OF A CURVE TURNING TO THE RIGHT, THENCE CONTINUING
ALONG SAID EAST LINE ON SAID CURVE, A DISTANCE OF 158.47 FEET, THROUGH
AN ANGLE OF 28° 22' 23", HAVING A RADIUS OF 320.00 FEET, AND WHOSE LONG
CHORD BEARS N 13° 47' 23" E, A DISTANCE OF 156.85 FEET. THENCE, N 27° 58' 34" E,
CONTINUING ALONG SAID EAST LINE, A DISTANCE OF 250.99 FEET TO THE SOUTH
LINE OF MEDAL OF HONOR BLVD. AND THE BEGINNING OF A NON-TANGENTIAL
CURVE TURNING TO THE LEFT, THENCE ALONG SAID SOUTH LINE ON SAID CURVE,
A DISTANCE OF 884.05 FEET, THROUGH AN ANGLE OF 27° 03' 29", HAVING A RADIUS
OF 1872.00 FEET, AND WHOSE LONG CHORD BEARS S 76° 28' 16" E FOR A
DISTANCE OF 875.86 FEET. THENCE, N 90° 00' 00" E, CONTINUING ALONG SAID
SOUTH LINE, A DISTANCE OF 251.41 FEET TO THE WEST LINE OF COLORADO STATE
HIGHWAY NO. 45; THENCE, S 01° 36' 45" W, ALONG SAID WEST LINE, A DISTANCE OF
464.87 FEET TO THE POINT OF BEGINNING.
CONTAINING 15.047 ACRES, MORE OR LESS.
3 - COMANCHE NORTH
REZONE A-1 AND R-6 (COUNTY) TO A-1 (CITY)
HOLDING ZONE (UNDEVELOPABLE)
A PORTION OF THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21),
TOWNSHIP TWENTY (20) SOUTH, RANGE SIXTY-FIVE (65) WEST OF THE SIXTH
PRINCIPAL MERIDIAN (6TH P.M.)
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 21, THENCE; S 89° 24' 14” W, ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER, A DISTANCE OF 300.00 FEET TO THE WEST LINE OF
COLORADO STATE HIGHWAY NO. 45 AND THE POINT OF BEGINNING; THENCE, S 01°
36' 45" W, ALONG SAID WEST LINE, A DISTANCE OF 704.28 FEET TO A POINT ON THE
NORTH LINE OF MEDAL OF HONOR BLVD.;
THENCE, N 90° 00' 00" W, ALONG SAID NORTH LINE, A DISTANCE OF 255.63 FEET TO
THE BEGINNING OF A CURVE TO THE RIGHT, THENCE CONTINUING ALONG SAID
NORTH LINE ON SAID CURVE, A DISTANCE OF 904.54 FEET, THROUGH AN ANGLE
OF 30° 05' 47", HAVING A RADIUS OF 1722.00 FEET, AND WHOSE LONG CHORD
BEARS N 74° 57' 06" W FOR A DISTANCE OF 894.17 FEET. THENCE, N 59° 54' 13" W,
CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 901.13 FEET TO A POINT ON
THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE N 89° 24' 14" E, ALONG
SAID NORTH LINE, A DISTANCE OF 1918.70 FEET TO THE POINT OF BEGINNING.
CONTAINING 20.719 ACRES, MORE OR LESS.
4- MEDAL OF HONOR BLVD.. & PUBLIC ROAD RIGHT OF WAY
REZONE A-1 AND R-6 (COUNTY) TO A-1 (CITY)
ALL OF THAT PORTION OF MEDAL OF HONOR BLVD AND PUBLIC RIGHT OF WAY
LYING IN THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION TWENTY-
ONE (21), TOWNSHIP TWENTY (20) SOUTH, RANGE SIXTY-FIVE (65) WEST OF THE
SIXTH PRINCIPAL MERIDIAN (6TH P.M.), MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 21, THENCE, N 89° 24' 14" E, ALONG THE NORTH LINE OF SAID
SOUTHEAST QUARTER, A DISTANCE OF 121.12 FEET TO THE SOUTHERLY LINE OF
MEDAL OF HONOR BLVD. AND THE POINT OF BEGINNING. FROM THE POINT OF
BEGINNING, THENCE, N 89° 24' 14" E, CONTINUING ALONG SAID NORTH LINE A
DISTANCE OF 293.87 FEET TO A POINT ON THE NORTHERLY LINE OF MEDAL OF
HONOR BLVD.; THENCE, S 59° 54' 13" E, ALONG SAID NORTHERLY LINE, A DISTANCE
OF 901.13 FEET TO THE BEGINNING OF A CURVE TURNING TO THE LEFT;
THENCE CONTINUING ALONG SAID NORTHERLY LINE, ON SAID CURVE, A DISTANCE
OF 904.54 FEET, THROUGH AN ANGLE OF 30° 05' 47", HAVING A RADIUS OF 1722.00
FEET, AND WHOSE LONG CHORD BEARS S 74° 57' 06" E FOR A DISTANCE OF 894.17
FEET.
THENCE, N 90° 00' 00" E, CONTINUING ALONG SAID NORTHERLY LINE, A DISTANCE
OF 255.63 FEET TO A POINT ON THE WEST LINE OF COLORADO STATE HIGHWAY
NO. 45;
THENCE, S 01° 36' 45" W, ALONG SAID WEST LINE, A DISTANCE OF 150.06 FEET TO A
POINT ON THE SOUTH LINE OF MEDAL OF HONOR BLVD.; THENCE, S 90° 00' 00" W,
ALONG SAID SOUTH LINE, A DISTANCE OF 251.41 FEET TO THE BEGINNING OF A
CURVE TURNING TO THE RIGHT,
THENCE CONTINUING ALONG SAID SOUTH LINE, ON SAID CURVE, A DISTANCE OF
884.05, THROUGH AN ANGLE OF 27° 03' 29", HAVING A RADIUS OF 1872.00 FEET,
AND WHOSE LONG CHORD BEARS N 76° 28' 16" W FOR A DISTANCE OF 875.86 FEET
TO A POINT OF INTERSECTION WITH THE EAST LINE OF A PUBLIC RIGHT OF WAY.
THENCE, S 27° 58' 34" W, ALONG SAID EAST LINE, A DISTANCE OF 250.99 FEET TO
THE BEGINNING OF A CURVE TURNING TO THE LEFT, THENCE ALONG SAID EAST
LINE ON SAID CURVE, A DISTANCE OF 158.47 FEET, THROUGH AN ANGLE OF 28° 22'
23", HAVING A RADIUS OF 320.00 FEET, AND WHOSE LONG CHORD BEARS S 13° 47'
23" W FOR A DISTANCE OF 156.85 FEET; THENCE, S 00° 23' 49" E, CONTINUING
ALONG SAID EAST LINE, A DISTANCE OF 309.66 FEET TO A POINT ON THE SOUTH
LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE, S
89° 20' 51" W, ALONG SAID SOUTH LINE, A DISTANCE OF 60.00 FEET TO A POINT ON
THE WEST LINE OF SAID PUBLIC RIGHT OF WAY; THENCE, N 00° 23' 49" W, ALONG
SAID WEST LINE, A DISTANCE OF 309.93 FEET TO THE BEGINNING OF A CURVE
TURNING TO THE RIGHT; THENCE CONTINUING ALONG SAID WEST LINE, ON SAID
CURVE, A DISTANCE OF 188.18 FEET, THROUGH AN ANGLE OF 28° 22' 23", HAVING A
RADIUS OF 380.00 FEET, AND WHOSE LONG CHORD BEARS N 13° 47' 23" E FOR A
DISTANCE OF 186.26 FEET. THENCE, N 27° 58' 34" E FOR A DISTANCE OF 250.99
FEET TO A POINT ON THE SOUTHERLY LINE OF MEDAL OF HONOR BLVD. AND THE
BEGINNING OF A NON-TANGENTIAL CURVE TURNING TO THE RIGHT; THENCE
ALONG SAID SOUTHERLY LINE, ON SAID CURVE, A DISTANCE OF 39.27 FEET,
THROUGH AN ANGLE OF 01° 12' 07", HAVING A RADIUS OF 1872.00 FEET, AND
WHOSE LONG CHORD BEARS N 60° 30' 16" W FOR A DISTANCE OF 39.27 FEET;
THENCE N 59° 54' 13" W, CONTINUING ALONG SAID SOUTHERLY LINE, A DISTANCE
OF 1153.83 FEET TO THE POINT OF BEGINNING.
CONTAINING 8.673 ACRES, MORE OR LESS.
SECTION 2.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 3.
This Ordinance shall become effective immediately upon final action by the Mayor and
City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 12, 2023.
Final adoption of Ordinance by City Council on June 26, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on _June 29, 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 # R11
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 26, 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 AMENDING ZONING RESTRICTIONS TO REZONE
APPROXIMATELY 25.47-ACRES FROM PUEBLO COUNTY A-1 TO
CITY OF PUEBLO S-1, GOVERNMENT USE ZONE DISTRICT AND
APPROXIMATELY 44.44-ACRES FROM PUEBLO COUNTY A-1 AND R-
6 TO CITY OF PUEBLO A-1, AGRICULTURAL ONE ZONE DISTRICT
SUMMARY:
The applicant is requesting to rezone the Pueblo County Detention Center Annexation
property, annexed into the city on May 8, 2023 through Ordinance No. 10453.
Approximately 25.47-acres are being requested to be rezoned from Pueblo County, A-1
to City of Pueblo, S-1, Government Use District and approximately 44.44-acres from
Pueblo County, A-1 and R-6 to City of Pueblo A-1, Agricultural One Zone District.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The proposed rezoning includes the entire Pueblo County Detention Center Annexation
site, 69.91-acres. Pueblo County is proposing to rezone the southwestern portion of the
annexation area, approximately 25.47-acres, from Pueblo County A-1 to City of Pueblo,
S-1, Government Use District to facilitate the construction of the Pueblo County
Detention Center. The remaining approximately 44.44-acres is being proposed to be
rezoned into an A-1, Agricultural One district, as an interim zoning classification until the
time of development. The A-1, interim zoning following annexation, is allowed by
Section 17-1-3, (e), of the Pueblo Municipal Code. According to the code, the
annexation agreement may allow an A-1, Zone District for a specified period of time and
no building permits may be issued while zoned A-1. The proposed annexation
agreement allows for the A-1 zone district to continue for not more than 120 months (10
years) and prohibits building permits from being issued until the property is rezoned to a
zone district that is consistent with the 2022 Pueblo Comprehensive Plan. Pueblo
County has concurrently submitted a subdivision application that includes a lot for the
Pueblo County Detention Center, the portion proposed to be zoned S-1, Government
Use District, and the remaining portion of the annexation area, which is proposed to be
zoned A-1, is included in the subdivision Pueblo County will be applying for Planning
and Zoning Commission Development Site Plan Review for the Detention Center as
required by Pueblo Municipal Code, Section, 17-4-51, (a), (27), b.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their May 10, 2023 Regular Meeting, voted 6-
0 to recommend approval, Commissioner Martinez absent.
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 property will not be zoned in
accordance with the Pueblo Municipal Code.
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:
1. Z-23-02 Attachments