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Home My WebLink About07156ORDINANCE NO. 7156 AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM COUNTY 1 -2 TO S -1 COVERING PARCEL M AND LOT 69 AND PARCEL K ADJACENT THERETO, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION LOCATED AT THE EASTERN EDGE OF PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 A public hearing on this Ordinance and rezoning was held on June 14, 2004 before the City Council. Notice of the public hearing was published in the Pueblo Chieftain at least ten (10) days before the hearing. The City Council hereby finds and determines: (a) The Planning and Zoning Commission after public hearing held on May 12, 2004 unanimously recommended that the property described in Section 2 hereof ( "Property ") be rezoned from County 1 -2, Light Industrial District to S -1, Governmental Use District and submitted its recommendation to the City Council. (b) Written notice of the public hearing before the Planning and Zoning Commission was duly given to owners of real property and posted on the Property in compliance with Section 17 -6 -2 of the Pueblo Municipal Code. (c) Pueblo Regional Comprehensive Plan 2003 and Future Land Use Map thereof identifies the Property as Employment Center -Light Industry Mixed Use which includes governmental purpose as a recognized use and authorized activity. (d) Governmental Use District (S -1) - Use by right, Section 17 -4- 51(16), Pueblo Municipal Code is any use of land for governmental purpose by or for any governmental body or agency either as owner or under contract or lease with another person. (e) "Governmental purpose" as defined in both the Governmental Use District (S -1) and the Pueblo Regional Comprehensive Plan 2003, means and includes any use or activity which is reasonably necessary in the discharge of a public or governmental function whether it is performed by a governmental entity or another person for or on behalf of a governmental entity. (f) Lot 69, Pueblo Memorial Airport Industrial Park Subdivision ( "Lot 69 ") is to be developed and used by the Colorado Department of Corrections under contract with GEO Group, Inc. as a 700 -bed or larger (but not to exceed 1000 beds) correctional or detention facility ( "Facility ") for confinement of pre - parole and parole revocation inmates under the jurisdiction of the Colorado Department of Corrections. (g) Such development and use of Lot 69 constitutes a governmental purpose and is in compliance with the Pueblo Regional Comprehensive Development Plan 2003. (h) Lot 69 is not adjacent to any residential area. A residential area is located south of Lot 69 and separated by a utility corridor, mainline railroad trackage and U.S. Highway No. 50. The closest residential area is located approximately 1,100 feet south of the proposed location of the Facility on Lot 69. (i) There is no direct access from Lot 69 to U.S. Highway No. 50. 0) It is not unusual for correctional facilities to exist in close proximity to residential neighborhoods; for example, federal and private correctional facilities in Denver and Aurora, Colorado, state correctional facilities in Canon City, Colorado and City of Pueblo, and Pueblo County correctional facility in the downtown area of the City of Pueblo. (k) Residential development has occurred in neighborhoods near existing correctional facilities. (1) Lighting from the Facility is subject to the City's Lighting Performance Standards and Outdoor Lighting Review and will emit less light that the adjacent Target facilities which uses high intensity lights. Lighting will be provided by the use of low pressure (low intensity), full cutoff and downward aimed lights. (m) Lot 69 fronts on United Boulevard which has sufficient capacity to handle all motor vehicle traffic generated by the Facility. (n) There exists adequate water and water facilities to serve the Facility. (o) GEO Group, Inc. will construct all on -site and off -site sanitary sewer facilities to serve the Facility. There exists adequate sanitary sewer capacity and treatment facilities to serve the Facility. (p) Surface water originating on or through Lot 69 will be detained by surface water detention facilities and basin to be constructed on Lot 69. (q) Federal Aviation Administration issued a construction permit for the Facility on February 3, 2004 with determination of no hazard to air navigation. (r) The Facility will employ 300 people during the two -year construction phase and 175 people thereafter, at an average annual salary, including benefits, of approximately $32,000 per year, or $15.38 per hour. (s) Since the public announcement that the Facility may be located at the Pueblo Memorial Airport Industrial Park, proposals have been presented to the City Council by the Pueblo Economic Development Corporation for four (4) different companies employing 250 full -time employees who desire to locate at the Pueblo Memorial Airport Industrial Park. The location of the Facility at the Pueblo Memorial Airport Industrial Park does not and will not have an adverse effect on the future development of the Pueblo Memorial Airport Industrial Park. (t) The change in zoning classification to S -1 Governmental Use District and the development and use of Lot 69 as a correctional facility will be in furtherance of the Pueblo Regional Comprehensive Development Plan 2003 and promote the general welfare of the community. SECTION 2. The zoning restrictions covering the following described property are changed from County 1 -2, Light Industrial District, to S -1 Governmental Use District, and upon passage of this ordinance, zoning restrictions affecting S -1, Governmental Use District shall apply to said property: Parcel M, Pueblo Memorial Airport Industrial Park Subdivision containing 6.57 acres, more or less; and Lot 69 and Parcel K adjacent thereto, Pueblo Memorial Airport Industrial Park Subdivision containing 72.61 acres, more or less; together containing 79.18 acres, more or less, and more commonly known as: Eastern Edge of Pueblo Memorial Airport Industrial Park. SECTION 3_ This ordinance shall become effective immediately upon final passage and approval. INTRODUCED May 24, 2004 BY Michael Occhiato ID Background Paper for Proposed ORDINANCE Go, , �1 AGENDA ITEM # e� Lf J DATE: MAY 24, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE CHANGING ZONING RESTRICTIONS FROM COUNTY 1 -2 TO S -1 COVERING PARCEL M AND LOT 69 AND PARCEL K ADJACENT THERETO, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION LOCATED AT THE EASTERN EDGE OF PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION ISSUE Shall City Council approve a request to rezone the property to an S -1, Governmental Use District? RECOMMENDATION The Planning and Zoning Commission voted 7 -0 to recommend approval. BACKGROUND Applicant is requesting to rezone property from a County 1 -2, Industrial Zone District to an S -1, Governmental Use Zone District. This property has been annexed into the City of Pueblo. The applicant is seeking the amendment to the zoning map to allow the proposed development. The City of Pueblo will sell the subject property to the operator of a 700 bed or larger (but not to exceed 1000 beds) correctional facility under contract for and on behalf of the Colorado Department of Corrections. The facility will primarily serve as a pre - release facility for pre - parole and parole revocation inmates. FINANCIAL IMPACT None