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Home My WebLink About11131Docusign Envelope ID: 3954D53B-276F-4D3D-8027-F26EBC828F66 City Clerk's Office Item # R2 COUNCIL MEETING DATE: March 23, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Vince Petkosek, Deputy City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE VACATING A DRAINAGE EASEMENT LOCATED AT 4000 N 27TH LN IN THE BLACK HILLS SUBDIVISION FIL. 1, A SPECIAL AREA PLAN -RIIMMORY• The applicant is requesting to vacate an approx. 13.57-acre drainage easement located near 4000 N 27TH Ln in the Black Hills Subdivision Fil. 1, a Special Area Plan. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The drainage easement that is proposed to be vacated, runs along an existing drainage arroyo and was originally platted with a prudent line demarcating the boundaries of the easement area. In accordance with current Stormwater easement requirements, the property owner is requesting reduce the easement boundary to a narrower width that more accurately reflects the dimensions of the arroyo. The new, easement will be recorded by separate instrument. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their February 11, 2026, Regular Meeting, voted 7-0 to recommend approval. Docusign Envelope ID: 3954D53B-276F-4D3D-8027-F26EBC828F66 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 drainage easement will remain which will impede development of the site. 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: lief MIG-MIX M M MilMM Docusign Envelope ID: 3954D53B-276F-4D3D-8027-F26EBC828F66 ORDINANCE NO. 11131 AN ORDINANCE VACATING A DRAINAGE EASEMENT LOCATED AT 4000 N 27TH LN IN THE BLACK HILLS SUBDIVISION FIL. 1, A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The following described boundaries of drainage easement: A PORTION OF LOTS 1, 3, AND PARCEL A, BLACK HILLS SUBDIVISION FILING NO. 1, RECORDED AT RECEPTION NO. 1893083 IN THE PUEBLO COUNTY CLERK AND RECORDER OFFICE, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: ALL BEARINGS ARE GRID BEARINGS OF THE COLORADO STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NORTH AMERICAN DATUM 1983(11). BEARING IS BASED ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, AND IS CONSIDERED TO BEAR N89008'58"E, MONUMENTED ON THE WEST END OF THE LINE BY A FOUND AXLE WIRED WITH A 3.25" ALUMINUM CAP STAMPED, "MERRICK & CO PLS 33200", AND ON THE EAST END OF THE LINE BY A FOUND NO. 6 REBAR WITH 2.5" ALUMINUM CAP STAMPED, "PLS 36061." COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 11, AND BEING A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AND SAID LOT 1, N89008'58"E, A DISTANCE OF 277.27 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTH LINE, N89008'58"E, A DISTANCE OF 315.96 FEET; THENCE DEPARTING SAID NORTH LINE, S02034'19"W, A DISTANCE OF 105.22 FEET; THENCE S29014'58"W, A DISTANCE OF 176.31 FEET; THENCE S02044'09"W, A DISTANCE OF 222.61 FEET; THENCE S21047'04"E, A DISTANCE OF 41.21 FEET; THENCE S04023'30"E, A DISTANCE OF 455.51 FEET; THENCE S06043'29"W, A DISTANCE OF 331.46 FEET; THENCE S08027'31"E, A DISTANCE OF 93.37 FEET; THENCE S88016'53"E, A DISTANCE OF 69.22 FEET; THENCE S75009'36"E, A DISTANCE OF 55.64 FEET; THENCE S18053'14"W, A DISTANCE OF 241.39 FEET; THENCE S00055'22"W, A DISTANCE OF 57.68 FEET; THENCE S41058'05"W, A DISTANCE OF 48.78 FEET; THENCE S20037'51"E, A DISTANCE OF 70.14 FEET; THENCE S02023'36"E, A DISTANCE OF 52.50 FEET; THENCE S00047'49"E, A DISTANCE OF 20.72 FEET; THENCE S59055'00"W, A DISTANCE OF 56.70 FEET; THENCE S18052'08"W, A DISTANCE OF 33.22 FEET; THENCE S03030'35"W, A DISTANCE OF 101.02 FEET; THENCE S05001'11"W, A DISTANCE OF 37.50 FEET; THENCE S51007'14"E, A DISTANCE OF 98.60 FEET; THENCE S84056'02"E, A DISTANCE OF 101.21 FEET; THENCE N61018'53"E, A DISTANCE OF 94.70 FEET; THENCE S05048'14"E, A DISTANCE OF 136.52 FEET; THENCE Docusign Envelope ID: 3954D53B-276F-4D3D-8027-F26EBC828F66 S14057'20"W, A DISTANCE OF 202.21 FEET; THENCE S33026'20"E, A DISTANCE OF 280.14 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 11, AND BEING A POINT ON THE SOUTH LINE OF SAID PARCEL A; THENCE ALONG SAID SOUTH LINE, S88053'11"W, A DISTANCE OF 348.39 FEET; THENCE DEPARTING SAID SOUTH LINE, N11040'28"W, A DISTANCE OF 79.25 FEET; THENCE N56006'14"W, A DISTANCE OF 229.08 FEET; THENCE N24041'45"W, A DISTANCE OF 171.82 FEET; THENCE N48050'02"E, A DISTANCE OF 118.39 FEET; THENCE N09019'28"W, A DISTANCE OF 68.68 FEET; THENCE N59017'51"E, A DISTANCE OF 64.87 FEET; THENCE N04037'15"E, A DISTANCE OF 74.51 FEET; THENCE N02043'55"W, A DISTANCE OF 93.26 FEET; THENCE N12007'04"E, A DISTANCE OF 104.80 FEET; THENCE N08047'14"E, A DISTANCE OF 123.97 FEET; THENCE N11035'00"W, A DISTANCE OF 157.50 FEET; THENCE N17016'34"W, A DISTANCE OF 181.65 FEET; THENCE N04054'42"W, A DISTANCE OF 108.31 FEET; THENCE N03057'08"E, A DISTANCE OF 80.14 FEET; THENCE N35019'14"E, A DISTANCE OF 61.53 FEET; THENCE N05034'08"W, A DISTANCE OF 67.75 FEET; THENCE N09005'20"E, A DISTANCE OF 64.00 FEET; THENCE N26005'59"W, A DISTANCE OF 80.19 FEET; THENCE N01006'15"E, A DISTANCE OF 137.38 FEET; THENCE N19049'01"W, A DISTANCE OF 33.84 FEET; THENCE N16042'22"E, A DISTANCE OF 16.12 FEET; THENCE N30034'53"E, A DISTANCE OF 92.84 FEET; THENCE N17047'06"W, A DISTANCE OF 72.97 FEET; THENCE N20029'31"W, A DISTANCE OF 28.37 FEET; THENCE N12035'28"E, A DISTANCE OF 89.12 FEET; THENCE N05045'41"E, A DISTANCE OF 145.13 FEET; THENCE N03031'28"E, A DISTANCE OF 115.24 FEET; THENCE N16048'23"E, A DISTANCE OF 132.35 FEET; THENCE N49008'07"W, A DISTANCE OF 133.41 FEET; THENCE N43038'58"W, A DISTANCE OF 56.71 FEET TO THE POINT OF BEGINNING. is hereby vacated. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall be approved but shall not become effective until the final vacation plat is recorded in the office of the Pueblo County Clerk and Recorder. If the vacation plat is not recorded within one (1) year after of this Ordinance, or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. Docusign Envelope ID: 3954D53B-276F-4D3D-8027-F26EBC828F66 SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on March 09, 2026. Final adoption of Ordinance by City Council on March 23, 2026. LDocuSignedby: President of City Council Action by the Mayor: ❑ Approved on ❑ Disapproved on 03/24/2026 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 ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST Signed by: AP01,6 tt EU Deputy City Cler `g"� 3 04 MO100 i031tl1S O193 dj0.LLN 00 N dI01N3W 111ONINd H193H1 jO 1S3 V93SNV11'Pinos9idIHSNA101 �� ll NOu—j01)3,—iSMH100S—NI0 301 LL o�Y//�., LoN srvnld NOlslnlaens snlH come b133ayd aNa'e'I sioldo NOlmodv N0IiV3VA A31I m 6 'ON ONPI1 NOISIAI(ions SIIIH X 19 x l l O CD z o Z z �0LL i F- l 000� Z woo O U Al�� Vl \<\ Y�T� / mQ�N Q F— ¢ yo z W oo�a f^� � ao v, W U) U) OUo J I o�= J W _ o a J m -4Z -Of m -- --_ m It - - - _It _ o ox z5 E� o a 6��aff Ol WE 98-H El /I —9A 9N 90N9 EASIN�9, m z922454� I I b. I d I sus �l II I I II I II II I II a� �- III I pal �II�� IIII - °� wd 5 — R o � V� d � z a w =s$'_- m ip I I �o 9aas91 �� o / ✓ / � \ � 3N8}Stl6830VN1tl o / II I I a�oo�oa m �a - Mike Castellucci Chair Patrick Avalos (jity of JPUEB�LO Alexandra Azn th Elizabeth Vice Chair Brett Boston City Council Representative Planning &, Zoning Commission MINUTES OF REGULAR MEETING City of Pueblo, Colorado Wednesday, February 11, 2026, 3:30 p.m. City Council Chambers, 1 City Hall Place The meeting was called to order at 3:38 pm. with Chairman Mike Castellucci presiding. Commissioners Present: Brett Boston, Mike Castellucci, Patrick Avalos, Alexandra Aznar, Elizabeth Bailey, Cheryl Spinuzzi, James Salazar Commissioners Absent: N/A Staff Members Present: Laura Portis, Assistant City Attorney; Beritt Odom, Director of Planning and Community Development; Mikaylin Hackley, Planner; and Hannah Prinzi, Planner. Staff Members Absent: N/A Approval of the Agenda: Bailey moved to amend the agenda, rescheduling item Z-25-26 to the March 11, 2026, meeting and approve the agenda as amended, seconded by Salazar. Motion Passed: 7-0. Public Meeting: N/A Public Hearing: V-25-06 Vacation: A vacation of an approx. 13.57-acre drainage easement located at 4000 N 27TH Ln in the Black Hills Subdivision Fil. 1, a Special Area Plan. Staff Report by Mikaylin Hackley, Planner. Hearing: Applicant Bobby Dishell was sworn in and spoke in support of the application. No one spoke in opposition. Commission Action: Bailey motioned, seconded by Salazar, to recommend the vacation application be forward to City Council. Motion Passed: 7-0 c-Hy of 'O'PU�E�B,�LO colora(Jo DEPARTMENT OF PUBLIC WORKS MEMORANDUM TO: Beritt Odom, Director Planning and Community Development CC: Jonell Gist, Administrative Technician Subdivision File FROM: Joe Martellaro, Associate Engineer II SUBJECT: V-25-06 4000 N. 271h Lane Vacation DATE: February 26, 2026 Please place the above referenced submittal on the City Council Agenda. ChairMike Castellucci Alexandra Azn Elizabeth JBaile Patrick • pr Vice Chair nuzz Brett Boston City Council Representative Planning &, Zoning Commission TO: FROM: THROUGH: SUBJECT: V-25-06 February 11, 2026 City of Pueblo Planning and Zoning Commission Mikaylin Hackley, Planner Beritt Odom, Director of Planning and Community Development Vacation of a drainage easement at approx. 4000 N 27th Ln. APPLICANT: Brysen Daughton, Cloudbreak Energy PROPERTY OWNER: Black Hills Electric LOCATION: 4000 N 27th Ln. CONCURRENT RPB-26-01, Rearrangement of Property Boundaries REQUESTS: REQUEST: A vacation of an approx. 13.57-acre drainage easement located at 4000 N 27TH Ln in the Black Hills Subdivision Fil. 1, a Special Area Plan. BACKGROUND AND STAFF FINDINGS: The applicant is requesting to vacate an approx. 13.57-acre drainage easement located at 4000 N 27TH Ln in the Black Hills Subdivision Fil. 1, a Special Area Plan. The drainage easement runs along an existing drainage arroyo and was originally platted with a prudent line demarcating the boundaries of the easement area. In accordance with current Stormwater easement requirements, the property owner is requesting this vacation to shrink the easement boundary to a narrower width that more accurately reflects the dimensions of the arroyo. The new, smaller easement will be recorded by separate instrument contingent on the approval of this vacation. The property owners have also submitted a Rearrangement of Property Boundaries request, to be reviewed administratively, to reconfigure the three lots in the Black Hills Fil. 1 Special Area Plan. The reconfiguration of the lots and the additional buildable area that would be created by this vacation is intended to facilitate a large- scale battery storage development project. The scale of the easement vacation necessitated stormwater drainage and hydrology reports accounting for the new proposed boundaries of the easement, and they must be fully approved by the Director of Stormwater prior to presentation of the proposed vacation to City Council. APPLICABLE REGULATIONS: Sec. 12-5-1 through 6 of the Pueblo Municipal Code (PMC) concerning vacations of streets, alleys, etc. RECOMMENDED MOTION: The Subdivision Review Committee recommends the Planning and Zoning Commission forward a recommendation the requested Vacation be APPROVED with the following noted: V-25-06 Page 2 1. All drainage reports must receive final approval from the Director of Stormwater prior to City Council presentation. REFERRAL AGENCIES AND COMMENTS: • Black Hills Energy No comment • CDOT No comment • City Fire Department No comment • City Law Department No comment • City Parks and Recreation Department No comment • City Public Works No comment • City Stormwater Approval contingent on staff condition • City Transportation No comment • City Wastewater No comment • Pueblo Regional Building Department No comment • Xcel Energy No comment ATTACHMENTS: A. Aerial Map B. Zoning Map C. Comprehensive Plan Map D. Public Notice Photo E. Vacation Plat F. Supporting Documents V-25-06 Page 3 V-25-06 Page 4 D. Public Notice Photo E. Vacation Plat & Supporting Documents - �o -A5 S m .. .. .. .. .. .. .. .. _. g R -➢ zQm➢ o GaR so _ o ng�gn o _ mgm A 7 � F oo_o 00 D C7 o = Am zz � �Dr m o�mo m c ,mo, o0 mm=� z o Dopy � G OmA� .o ,2 z >zo TI O'= O 1 0 z G7J O a o omin S - m26'zma_ "'a Y• BLACK HILLS SUBDIVISION FILING NO. 1 N 1 EASEMENT VACATION O1 O A PORTION OF LOTS 1, 3, AND PARCEL A. BLACK HILLS SUBDIVISION FILING NO.1%jj�// �v LOCATED IN THE SOUTHWEST QUARTER OF SECTION 11, I/n11 TOWNSHIP 20 SOUTH, RANGE 64'i)EST OF THE 6TH PRINCIPAL MERIDIAN — COUNTY OF PUEBLO, STATE OF COLORADO Director Public Works [111� PUEBLO Sawa XYeA c'o��, �,Qido Director Parks 8a Recreation Subdivision Review Committee MEMORANDUM To: Planning and Zoning Commission From: Subdivision Review Committee Date: February 4, 2026 Subject: V-25-06 4000 N 27th Ln. Drainage Easement Vacation Feva Odom Director Planning 8a Community Development Executive Secretary of Planning 8a Zoning Commission The Subdivision Review Committee recommends the Planning and Zoning Commission forward a recommendation that the Vacation be APPROVED with the following noted: Requests for Modifications Not applicable to Requirements: Request for Deferred Not applicable Filings Plat Deficiencies: Not applicable Conditions of Approval: 1. All drainage reports must receive final approval from the (Unless otherwise noted, all Director of Stormwater prior to presentation at City Council. conditions of approval must be completed prior to the case being scheduled for City Council hearing.) Ic N 0 N N cz ti cz on cz on U 0 0 �� _� °' a �o o1� CZ A N U Cd ' Li U N U Ste-" i O �, ,.y O U •� O �•" U N ,cz N �' U U N ,cz U ,Uri �+9. 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'�",sU.' fd cto `� �' o x c U ct u c0i� cz cz cz cz cut P U�" bAO �N N P cz cz 0 fd bAO r N U cz 0 ,^-i •� N 4-i ,�-i CC [� S'"" ..-ic�i� ¢-' p ,�-i •,� N U ct p ' �p O O '� U c� p O kr) N a o cn N '—' cz a No rd-o'ro cz O �� ti CASE NUMBER V-25-06 CERTIFICATION I hereby certify that I did this day cause written notice of the public hearing on the Easement Vacation: 4000 N 27th Lane -to be sent to the attached list of owners of the property lying within hundred (300) feet of the said property on which the vacation is proposed by depositing the same properly addressed and postage paid in the post office, as set forth in the Code of Ordinances, Section 17-6-2. January 20, 2026 (Date) PUEBLO PLANNING & ZONING COMMISSION BY 0 I hereby certify that I did this day verify and photograph the posted notice of the public hearing on the 4000 N 27th Lane, upon which action is pending as set forth in the Code of Ordinances, Section 17-6-2. January 20, 2026 (Date) PUEBLO PLANNING & ZONING COMMISSION Owner OwnerStree OwnerCity Ow OwnerZip BLACK HILLS COLORADO ELECTRIC UTILITY c 1515 WYNKOOP ST STE 500 DENVER CO 80202-2062 ROMERO MICHAEL 1923 SOUTH RD PUEBLO CO 81006-1642 BLACK HILLS COLORADO ELECTRIC UTILITY c 625 9TH ST STE 200 RAPID CITY SD 57701-2674 BLACK HILLS ELECTRIC PO BOX 1400 RAPID CITY SD 57709-1400