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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