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STATE OF COLORADOCOUNTY OF GILPIN

CITY OF BLACK HAWK

COUNCIL BILL NUMBER: 17

ORDINANCE NUMBER: 2015-17

TITLE: A BILL FOR AN ORDINANCE REZONING CERTAIN CITY-O\ryNEDPROPERTY TO THE PUBLIC FACILITIES (PF) DISTRICT AND THECOMMERCIAL/BUSINESS SERVICES (CBS) DISTRICT

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BLACK HAWK,GILPIN COUNTY:

Section I . Findings of Fact.

A Application has been made by the City of Black Hawk as the property owner torezone certain property as more particularly described in Exhibit A, attachedhereto and incorporated herein by this reference, to be within the Public Facilities(PF) District, and to rezone certain other property as more particularly describedin Exhibit B, attached hereto and incorporated herein by this reference, to be

within the Commercial/Business Services (CBS) District.

Public notice has been given of such rezoning by one publication in a newspaperof general circulation within the City and the official newspaper of the City at

least fifteen (15) days before the public hearing of such amendment.

Notice of such proposed hearing was posted on the properties for hfteen (15)consecutive days prior to said hearing.

A need exists for rezoning the properties pursuant to Section 16-121of the City ofBlack Hawk Zoning Ordinance to the extent provided herein.

Section 2 The City-owned property as more particularly described in Exhibit A ishereby rezoned to Public Facilities (PF) District.

Section 3. The City-owned property as more particularly described in Exhibit B ishereby rezoned to Commercial/Business Services (CBS) District.

Section 4. The Zoning Ordinance and Zoning Map are hereby amended to conformwith the zoning changes.

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Section 5. Safety Clause. The City Council hereby f,rnds, determines, and declaresthat this Ordinance is promulgated under the general police power of the City of Black Hawk,that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance isnecessary for the preservation ofhealth and safety and for the protection ofpublic convenienceand welfare. The City Council further determines that the Ordinance bears a rational relation tothe proper legislative object sought to be attained.

Section ó. Severabilitv. If any clause, sentence, paragraph, or part of this Ordinanceor the application thereof to any person or circumstances shall for any reason be adjudged by acourt of competent jurisdiction invalid, such judgment shall not affect application to otherpersons or circumstances.

Section 7. Effective Date. The City Clerk is directed to post the Ordinance as

required by the Charter. This Ordinance shall become effective upon posting by the City Clerk.

READ, PASSED AND ORDERED POSTED this 12th day of August, 2015

)David D Mayor

ATTEST:

rla-Melissa A. Greiner, City erk

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Exhibit AProperties to be rezonedto Public Facílítíes (PF):

1) LOTS 2&3,BLOCK 1, MINERS MESA SUBDIVISION FILING NO.4, RECORDED AT RECEPTION

NO. 147815 OF THE GILPIN COTINTY RECORDS.

2) A PORTION OF MILL SITE 20, LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION

7, TOWNSHIP 3 SOUTH, RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND SOUTH

OF THE HIGHWAY 119 RIGHT-OF-WAY, CITY OF BLACK HAWK, COLINTY OF GILPIN,

STATE OF COLORADO.

3) A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 7, TOWNSHIP 3 SOUTH,

RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BLACK HAWK, COLTNTY

OF GILPIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 7, BEING A FOUND IN PLACE 3-114"

DIAMETER ALUMINUM CAP, MARKED, DEPT. OF THE TNTERIOR BUR. OF LANDMANAGEMENT 1979, WHENCE THE EAST QUARTER CORNER OF SAID SECTION, BEING AFOLTND IN PLACE 1.-712" DIAMETER ALUMINUM CAP, MARKED, LS 865 IS ASSUMED TO

BEAR N 86O49'37" 8,2666.24 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATTVE

THERETO, THENCE S 59O06'15'' E,1077.77 FEET TO THE TRUE POINT OF BEGINNING;

THENCE N 38o54'52" E, 170.00 FEET; THENCE S 85o34'06" E, 157.00 FEET; THENCE S 22"29'34"

E, 300.00 FEET;THENCE S 70o14'05" W, 35.00 FEET;THENCE S 75o06'04" W, 50.00 FEET;

THENCE S 83'40'21" W, 95.00 FEET;THENCE S 88"44'40" W, 95.00 FEET;TIIENCE N 55o27'53"

W,35.57 FEET; THENCE ALONG THE ARC OF A CTIRVE TO THE RIGHT 54.76F88T, HAVINGA RADruS OF 125.00 FEET, A CENTRAL ANGLE OF 25"06'08'' AND WHICH CHORD BEARS N

35o31'04" W , 54.33 FEET; THENCE N 19o43'24" W, 137 .99 FEET TO THE TRUE POINT OF

BEGINNING, CONTAINING 2.02 ACRES MORE OR LESS.

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Exhibit BProperties to be rezonedto Commerciøl/Busíness Sewices (CBS):

1) LOT 1A & LOT 2A, BLOCK 11, AMENDMENT NO. 1 RECORDED AT RECEPTION NO

133649 OF THE GILPIN COI-INTY RECORDS.

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NOTICE OF PUBLIC HEARING

Notice is hereby given that the City of Black Hawk Board of Alderman shall hold a

public hearing concerning the rezoning of land to the Public Facilities (PF) or theCommercial/Business Services (CBS) zone districts, depending on which property isbeing addressed in this case, pursuant to the City of Black Hawk zoning ordinance. Thefive properties are described in Exhibit A below and are generally located at 987 MinersMesa Road (Public Works Building), 196 Clear Creek Street (Black Hawk Fire Dept.), onproperty southeast of the intersection of Clear Creek Street and Marchant Street(Mountain Life Park), on property located on the north side of the Avenue of the AllStars (City Water Tank Site), and on property located approximately 300 feet southeast ofthe intersection of Clear Creek Street and Marchant Street (Clear Creek CommonsCommercial Buildings).

The public hearing is to be held before the City of Black Hawk Board of Aldermen onWednesday, August 12,2015 at 3:00 p.m. or as soon as possible thereafter. The publichearing shall be held in the City of Black Hawk City Hall or at such other time or place inthe event these hearings are adjourned.

ALL INTERESTED PARTIESMAY ATTEND

Melissa A. Greiner,City Clerk

Exhibit A

That land more accurately described in the legal descriptions and maps available forviewing at the City of Black Hawk City Clerk's office at20l Selak Street.

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NOTICE OF PUBLIC HEARINGTO BE ON DISPLAY IN THE CITY CLERK'S OFFICE

Notice is hereby given that the City of Black Hawk Board of Alderman shall hold a public hearing concerning the

rezoning of land to the Public Facilities (PF) or the Commercial/Business Services (CBS) zone districts,

depending on which property is being addressed in this case, pursuant to the City of Black Hawk zoning

ordinance. The five properties are described in Exhibit A below and are generally located at 987 Miners Mesa

Road (Public Works Building), 196 Clear Creek Street (Black Hawk Fire Dept.), on property southeast of the

intersection of Clear Creek Street and Marchant Street (Mountain Life Park), on property located on the north side

of the Avenue of the All Stars (City Water Tank Site), and on property located approximately 300 feet southeast

of the intersection of Clear Creek Street and Marchant Street (Clear Creek Commons Commercial Buildings).

The public hearing is to be held before the City of Black Hawk Board of Aldermen on Wednesday, August 12,

2015 aT 3:00 p.m. or as soon as possible thereafter. The public hearing shall be held in the City of Black Hawk

City Hall or at such other time or place in the event these hearings are adjourned.

ALL INTERESTED PARTIES

MAY ATTEND

Melissa A. GreinerCity Clerk

Exhibit A: Properties to be rezoned.

That land more accurately described in the legal descriptions and maps available for viewing at the City of Black

Hawk City Clerk's office at 201 Selak Street.

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Properties to be rezoned to Public FacilítÍes (PF):

LOTS 2&3, BLOCK I, MINERS MESA SUBDIVISION FILING NO.4, RECORDED AT RECEPTION NO.

147815 OF THE GILPIN COUNTY RECORDS.

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE, THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATE

PROPERTYSURVEYS. THE SUBJECT PROPERTY WILL BE REZONED TO THE PUBLIC FACILITIES ZONE DISTRICT.

LOT 3 SLOCK 1

MINER'S MESA SUB.

FLG 4

LOT 2 BLOCK 1

MINER,S MESA SUB.

FLG. 4

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A PORTION OF MILLSITE 16, LOCATED WITHIN SECTION 7, TOWNSHIP 3 SOUTH, RANGE 72 WEST

OF THE SIXTH PzuNCIPAL MERIDIAN, AND SOUTH OF THE HIGHWY I 19 zuGHT-OF.WAY, CITY OF

BLACK HAWK, COUNTY OF GILPIN, STATE OF COLORADO.

PROPERTY BOUNDARIES DEPICTED ARE APPROXTMATE. THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATE PROPERTY SURVEYS. THE

SUBJECT PROPERTY WILL BE REZONED TO THE PUBLIC FACITITIES ZONE DISTRICT.

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A PORTION OF MILL SITE 20, LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 7,

TOWNSHIP 3 SOUTH, RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDAN.

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE. THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATE PROPERTY SURVEYS. THE

SUBJECT PROPERTY WILL BE REZONED TO THE PUBTIC FACITITIES ZONE DISTRICT.

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A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 7, TOWNSHIP 3 SOUTH, RANGE 72

WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BLACK HAWK, COLTNTY OF GILPIN, STATE

OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 7, BEING A FOTIND IN PLACE 3-Il4'' DIAMETER

ALUMINUM CAP, MARKED, DEPT. OF THE INTERIOR BUR. OF LAND MANAGEMENT 1979,

WHENCE THE EAST QUARTER CORNER OF SAID SECTION, BEING A FOUND IN PLACE l-1l2"

DIAMETER ALUMINUM CAP, MARKED, LS 865 IS ASSUMED TO BEAR N 86"49'37'' 8,2666.24F887WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THENCE S 59O06'15'' 8,1077.77

FEET TO THE TRUE POINT OF BEGINNING; THENCE N 38"54'52" 8,170.00 FEET; THENCE S 85"34'06"

E, 157.00 FEET; THENCE 522"29'34" 8,300.00 FEET; THENCE S 70o14'05" W,35.00 FEET; THENCE S

75"06'04 W,50.00 FEET;THENCE S 83o40'21" W,95.00 FEET; THENCE S 88"44'40" V/,95.00 FEET;

THENCE N 55"27'53" W, 35.57 FEET; THENCE ALONG THE ARC OF A CURVE TO THE zuGHT 54.76

FEET, HAVING A RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 25'06'08'' AND WHICH CHORD

BEARS N 35"31'04" W, 54.33 FEET; THENCE N 19o43'24" W, 137 .99 FEET TO THE TRUE POINT OF

BEGINNING, CONTAINING 2.02 ACRES MORE OR LESS.

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE, THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATE PROPERTY SURVEYS. THE

SUBJECT PROPERTY WILL BE REZONED TO THE PUBLIC FACITITIES ZONE DISTRICT.

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Properties to be rezoned To Commercial/Business Semices (CBS):

LOT IA & LOT 2A, BLOCK 1 I, AMENDMENT NO. 1 RECORDED AT RECEPTION NO. 133649 OF THE

GILPIN COUNTY RECORDS.

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE. THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATE PROPERTY SURVEYS. THE

SUBJECT PROPERTY WILL BE REZONED TO THE COMMERCIAL / BUSINESS SERVICES ZONE DISTRICT.

LOT 1.4, BLOCK 11,

BLACK HAWK SUBD

LOT 2A, BLOCK 11,

ELACK HAWK SUBD

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CITY OF BLACK HAWKREQUEST FOR COLNCIL ACTION

SUBJBCT:Rezoning of City-Owned Properties to Public Facilities (PF) and Commercial Business Services

(CBS) Zone Districts.

RECOMMENDATION:Staff recommends the following motion to the Mayor and Board of Aldermen:

MOTION TO APPROVE Council Bill 17, Ordinance No.2015-17, an ordinance rezoningCity of Black Hawk-owned property into the Public Facilities (PF) zone district and intothe Commercial Business Services (CBS) zone district, as more fully described in theordinance.

SUMMARY AND BACKGRO OF'SIIR.TE,CT MATTER:The City of Black Hawk is the owner of properties located along Miners Mesa Road, Avenue ofthe All Stars, Highway ll9, and Marchant Street. The City, as owner, has made an application torezone these various properties into either Public Facilities (PF) or the Commercial Business

Services District.

AGENDA DATE: August 12,2015WORKSHOP DATE: N/AFUNDING SOURCE: N/ADBPARTMENT DIRECTOR APPROVAL: [X]Yes [ ]NoSTAFF. PERSON RBSPONSIBLE: Cynthia Linker, CP&D and Vincent Harris, BaselineCorporationDOCUMENTS ATTACHED: Council Bill l7- Ordinance No.20l5-17, Notice for Posting

City Clerk's Offìce, Notice for Paper, Staff Report, Exhibit A, and Exhibit B

RECORD: [X]Yes [ ]NoCITY ATTORNEY REVIEW: [X]Yes [ ]N/A

SUBMITTED BY: REVIEWED BY:

Vincc I larris, Baseline Corporation

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Jack D. Lewis, City Manager

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Staff Renort

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CITY OF BLACK HAWKPLAIINING / LAND USE

STAFF REPORT:For:Project:

Property Address:Applicants:Zoning:

Prepared by:Approved by:Reviewed by:

Cory Miller, Baseline CorporationVincent Harris, Baseline CorporationCynthia Linker, CP&D

Date prepared: April 22,2015Meeting Date: August 12,2015

t/'*là ASELINE

Rezoning of City-Owned Properties to PF and C/BS Zone DistrictsCity CouncilRezoning of City-Owned Properties on Miners Mesa Road, Marchant Street,

Highway I19, and Avenue of the AllstarsVariousCity of Black HawkHillside Development (HD), Millsite Gaming (MG), Transitional Gaming (TG),Environmental Character Preservation (ECP)

BACKGROUND:The City of Black Hawk proposes an ordinance to rezone five (5) city-owned properties located in theCity of Black Hawk. The properties are located along Miners Mesa Road, Marchant Street, Highwayll9, and Avenue of the Allstars in the City of Black Hawk. As owner of these properties, the City has

applied to rezone the subject parcels to either the Public Facilities (PF) District or the

Commercial/Business Services (CBS) District, as specified below.

Rezoning these properties to the PF or CBS districts will apply designations that are more in line witheach of the properties current uses. Please see the attached Exhibit A and Exhibit B for maps containinga visual depiction of the properties proposed to be rezoned. Below are the legal descriptions thatcorrespond with each property proposed for rezoning.

Upon approval of the proposed ordinance the official City of Black Hawk Zoning Map will be amended

to reflect the new district designations for each of these properties.

Properties being rezoned to PF: (numbers correspond to maps provided in Exhibit A)

I. LOTS 2 &,3, BLOCK 1 MINERS' MESA SUBDIVISION FILING NO. 4 RECORDED ATRECEPTION NO. 147815 OF THE GILPIN COUNTY RECORDS.

Existing zoning: Hillside Development. This property is located at the existing termination ofMiners Mesa Road. The lots contain facilities utilized by the City of Black Hawk Public WorksDepartment.

2. A PORTION OF MILLSITE 16, LOCATED V/ITHIN SECTION 7, TOWNSHIP 3 SOUTH,RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND SOUTH OF THEHIGHWAY I 19 RIGHT-OF.WAY, CITY OF BLACK HAWK, COUNTY OF GILPIN, STATEOF COLORADO.

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Existing zoning: Millsite Gaming. These properties are located along Highway l19 and containthe City of Black Hawk Fire Department.

3. A PORTION OF MILL SITE 20, LOCATED WITHIN THE NORTHWEST QUARTER OFSECTION 7, TOWNSHIP 3 SOUTH, RANGE 72 WEST OF THE SIXTH PRINCIPALMERIDIAN.

Existing zoning: Transitional Gaming. This property is located near the intersection ofHighway I l9 and Clear Creek Street. The parcel is the existing location of Mountain Life Park.

4. A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 7, TOWNSHIP 3

SOUTH, RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BLACKHAWK, COUNTY OF GILPIN, STATE OF COLORADO, MORE PARTICULARLYDESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 7, BEING A FOUND IN PLACE 3-

I/4'' DIAMETER ALUMINUM CAP, MARKED, DEPT. OF THE INTERIOR BUR. OF LANDMANAGEMENT 1979, WHENCE THE EAST QUARTER CORNER OF SAID SECTION,BEING A FOUND IN PLACE, I-II2" DIAMETER ALUMINUM CAP, MARKED, LS 865 ISASSUMED TO BEAR N 86'49'37'' 8,2666.24 FEET WITH ALL BEARINGS CONTAINEDHEREIN RELATIVE THERETO, THENCE S 59'06'15" E, 1077.77 FEET TO THE TRUEPOINT OF BEGINNING; THENCE N 38o54'52" E, 170.00 FEET; THENCE S 85"34'06" E,

157.00 FEET; THENCE S 22"29'34" E, 300.00 FEET; THENCE S 70'14'05" V/, 35.00 FEET;THENCE S 75'06'04" W, 50.00 FEET; THENCE S 83"40'21" W, 95.00 FEET; THENCE S

88o44'40" W, 95.00 FEET; THENCE N 55'27'53" W, 35.57 FEET; THENCE ALONG THEARC OF A CURVE TO THE RIGHT 54.76 FEET, HAVING A RADIUS OF I25.OO FEET, ACENTRAL ANGLE OF 25"06'08'' AND WHICH CHORD BEARS N 35'31'04'' W, 54.33

FEET; THENCE N 19'43'24" W, 137.99 FEET TO THE TRUE POINT OF BEGINNING,CONTAINING 2.02 ACRES MORE OR LESS.

Existing zoning: Commercial/Business Services. This property is located off of Avenue of the

Allstars. The parcel is currently used by the City of Black Hawk as a water storage facility.

Properties being rezoned to C/BS: (numbers correspond to map on Exhibit B)

I. LOT IA, BLOCK I I, LOT 2A, BLOCK I I, CITY OF BLACK HAWK, AMENDMENT NO. IRECORDED AT RECEPTION NO. I33649 OF THE GILPIN COUNTY RECORDS.

Existing zoning: Transitional Gaming. This property is located off of Highway I19, withaddresses of 135 and 145 Clear Creek Street. The parcels are currently used for commercialbusiness vendors and are the current location for the Mountain Mocha coffee shop, BH-CCSanitation District, and the United States Post Office.

Per the recommendation and discussion with City Staft it is recommended that the properties be

rezoned into the Public Facilities (PF) district and Commercial Business District (CBS) district, as listed

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above. The PF zone district is for land that is owned by the City for public purposes and uses. The CBSzone district is for properties that contain retail sales, services and entertainment facilities.

APPLICABLE CITY OF BLACK HAWK REGULATIONS:Excerpts from:

City of Black HawkMunicipal Code

Chapter 16 - Zoning

Sec. l6-365. Rezoníng procedures, amendments to zoning ordinance and special review use permits.Sec. I6-365 (d) Ilrho may apply.(l) A request þr an amendment to this Chapter, Zoning Map or special review use permit may be

presented to the Board of Aldermen by persons owning real property within the City or residents of the

City;

(2) Owners or residents requesting the addition of a land use into a zoning district in which it is notenumerated in this Chapter or persons appealing a determination of the Planning Director regardingthe classification of a use, or pursuing a classification þr which the determìnation of the PlanningDirector has been appealed, may apply to the Board of Aldermen for consideration of the proposedamendments to the zoning district; or

(3) An amendment to this Chapter or a rezoning may be initiated by the Board of Aldermen. Any owneror resident may suggest to the Board of Aldermen that an amendment be given consideration.

Sec. 16-365 (e)(5) Basis for approval. The Board of Aldermen shall give consideration to and satisfythemselves of the criteria setforrh below on land use applications identified in Section 16-361 except

subdivisions:a. That a need exists for the proposal,'b. That the proposal is in conþrmance with the goals and objectives of the Comprehensive Plan,'

c. That there has been an error in the original zoning; ord. That there have been significant changes in the area to warrant a zone change;e. That adequate circulation exists in the area of the proposal and trffic movement would not be

significantly impeded by the development resultingfrom the proposal; and

f, That any additìonal cost for municipal-related services resulting from the proposal will not be

incurued by the City.

Division 1

Commercial/B usiness Services District (C/BS)Sec. I 6-9 I. District c haracteristics.C/BS zoning districts shall be established in those areas which are highly visible from major roadwaysand have easy and safe access.

Sec. 16-92. PurposeThe purpose of the C/BS zoning district is to encourage a broad range of commercial services þrvisitors and residents, which are conveniently accessible by automobile, and which are designed to

complement each other in character, scale and proximity.

4

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Sec. l6-93. ObjectivesThe objectives of the C/BS zone district are to:

(l) Accommodate retail sales, services and entertainment facilities which are oriented to serving amajority of the needs of residents and visitors and which generate substantial volumes of trffic.(2) Encourage well planned, attractive clusters or groupings of development that complemente xisl ing hisloric fe ature s.

(3) Encourage a mix of complementary commercial uses that share ingress and egress andclustered on-site parking, and thal are linked by attractive pedestrian corridors and plazas.

Division IPublic Facilities District (PF)Sec. I6-125. Purpose and objectives.(a) Purpose. The purpose of the PF zoning district is to accommodate and allow þr areas owned by,

dedicated to, purchased, or acquired by public or quasi-public entities such as the City or anyspecial district or governmental authority which are not compatible with the purpose and objectivesof the HARD or HAP Districts

þ) Objectives. The objectives of the PF zoning district are to allow þr such uses that are dedicated to

serving the public, and to minimize the adverse impacTs and adjacent uses and the community.

STAFF COMMBNTS:Staff believes that the appropriatezone districts for the properties described above are the PF and CBSzone districts.

City Council may approve a proposal to rezone according to Sec. l6-365(eX5) of the Municipal Code.

Sec. 16-365 (e)(5) Basis þr approval. The Board of Aldermen shall give consideration to and satisfythemselves of the criteria set forth below on rezoning applications identified in Section I6-361 except

subdivisions:a. That a need exists for the proposal,'

Staff believes a need exists for lhe reloning in order to implemenl lhe zoning code andcomprehensive plan and appropriately zone properties within lhe City of Black Hawkaccording to their current or planned uses and new zone dislricts added lo the ZoningOrdinance.

b. That the proposal is in conformance with the goals and objectives of the Comprehensive Plan,'

The proposalfor rezoning conforms wilh the Comprehensive Plan.c. That there has been an eruor in the original zoning; or

Not applicable.d. That there have been significant changes in the area to warrant a zone change,'

The charøcter of these properties does not wawunt the exisling zoning districl designations ofMillsite Gaming, Commercial/Business Services, Transitional Gaming, and HillsideDevelopment, as the case may be.

e. That adequate circulation exists in the area of the proposal and trffic movement would not be

significantly impeded by the development resultingfrom the proposal; andThere exists adequate circulation in the area lo support the rezoning.

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f That any additional cost for municipal-related services resulting from the proposal will not be

incurred by the City.There will be no chonge in municipal-related services.

Staff recommends that City Council pass an ordinance rezoning four (4) City of Black Hawk-ownedproperties into the Public Facilities (PF) zone district, as more fully described in the ordinance.

Staff also recommends that City Council pass an ordinance rezoning one (f ) City of Black Hawk-ownedproperty into the Commercial Business Services (CBS) zone district, as more fully described in the

ordinance.

FINDINGS:City Council may approve, conditionally approve, or deny a request to zone land in the City of BlackHawk. To support this proposal, the following finding can be used:

l. The City of Black Hawk is the owner of properties along Miners Mesa Road, Marchant Street,

Highway I19, and Avenue of the Allstars.2. A need exists to rezone the City of Black Hawk-owned properties into the PF and CBS districts.3. The proposal to rezone is in conformance with the Comprehensive Plan.

RECOMMENDATION:MOTION TO APPROVE Council Bill 17 - Ordinance No. 2015-17, an ordinance rezoning City ofBlack Hawk-owned property into the Public Facilities (PF) zone district and into the CommercialBusiness Services (C/BS) zone district, as more fully described in the ordinance.

ATTACHMENTS:o Public Notice posted at City Clerk's officeo Public Notice for V/eekly Register Call. Exhibit Ao Exhibit B

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Exhibit AProperties to be rezoned to Public Facilities (PF):

1) LOTS 2&3, BLOCK I, MINERS MESA SUBDIVISION FILING NO.4, RECORDED AT RECEPTION

NO. 1478I5 OF THE GILPIN COUNTY RECORDS.

2) A PORTION OF MILL SITE 20, LOCATED WITHIN THE NORTHV/EST QUARTER OF SECTION

7, TOWNSHIP 3 SOUTH, RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN, AND SOUTH

OF THE HIGHWAY I 19 RIGHT-OF-WAY, CITY OF BLACK HAWK, COUNTY OF GILPIN,STATE OF COLORADO.

3) A TRACT OF LAND LOCATED rN THE SOUTH HALF OF SECTTON 7, TOWNSHIP 3 SOUTH,

RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BLACK HAWK, COUNTYOF GILPIN, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 7, BEING A FOUND IN PLACE 3-Il4''DIAMETERALUMINUM CAP, MARKED, DEPT. OF THE INTERIOR BUR. OF LANDMANAGEMENT I979, WHENCE THE EAST QUARTER CORNER OF SAID SECTION, BEING AFOUND IN PLACE 1-I/2'' DIAMETER ALUMINUM CAP, MARKED, LS 865 IS ASSUMED TO

BEAR N 86O49'37'' 8,2666.24 FEET WITH ALL BEARINGS CONTAINED HEREIN RELATIVETHERETO, THENCE S 59O06'I5'' E, 10'77.7'7 FEET TO THE TRUE POINT OF BEGINNING;THENCE N 38o54'52" E, 170.00 FEET; THENCE S 85o34'06" E, 157.00 FEET; THENCE S 22"29'34"

E,300.00 FEET;THENCE S 70"14'05" V/,35.00 FEET; THENCE S 75"06'04" W,50.00 FEET;

THENCE S 83o40'21" W, 95.00 FEET;THENCE S 88o44'40" W,95.00 FEET;THENCE N 55o27'53"

W, 35.57 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT 54.76F88T, HAVINGA RADIUS OF 125.00 FEET, A CENTRAL ANGLE OF 25"06'08'' AND WHICH CHORD BEARS N

35"31'04" V/, 54.33 FEET; THENCE N 19o43'24" W,137.99 FEET TO THE TRUE POINT OF

BEGINNING, CONTAINING 2.02 ACRES MORE OR LESS.

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Exhibit AProperlies to be rezoned to Public Facilities (PF):

LOTS 2&3, BLOCK I, MINERS MESA SUBDIVISION FILING NO.4, RECORDED AT RECEPTION NO

147815 OF THE GILPIN COUNTY RECORDS.

MINERS'MESA RD

LOT 3 BLOCK 1.

MINER,s MEsA SUB.

FLG. 4

LOT 2 BLOCK 1

MINER,S MESA SUB.

FLG 4

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE THE ZONING MAP WILL BE AMENDED BASED OFF OFACCURATE PROPERTY SURVEYS THE SUBJECT PROPERTY WILL BE REZONED TO THE PUBLIC FACILITIES ZONEDISTRICT

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A PORTION OF MILLSITE 16, LOCATED WITHIN SECTION 7, TOWNSHIP 3 SOUTH, RANGE 72 WEST

OF THE SIXTH PRINCIPAL MERIDIAN, AND SOUTH OF THE HIGHWAY I 19 zuGHT-OF-WAY, CITY

OF BLACK HAWK, COUNTY OF GILPIN, STATE OF COLORADO.

PROPERTY BOUNDARIES DEPTCTED ARE APPROXIMATE THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATE

PROPERTYSURVEYS THE SUBJECT PROPERTYWILLBEREZONEDTOTHE PUBLIC FACILITIESZONEDISTRICT

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A PORTTON OF MrLL SITE 20, LOCATED WITHIN THE NORTHWEST QUARTER OF SECTION 7,

TOWNSHIP 3 SOUTH, RANGE 72 WEST OF THE SIXTH PRINCIPAL MERIDIAN.

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE THE ZONINC MAP WILL BE AMENDED BASED OFF OF ACCURATEPROPERTY SURVEYS THE SUBJECT PROPERTY WILL BE REZONED TO THE PUBLIC FACILITIES ZONE DISTRICT

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A TRACT OF LAND LOCATED IN THE SOUTH HALF OF SECTION 7, TOWNSHIP 3 SOUTH, RANCE 72

WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF BLACK HAWK, COUNTY OF GILPIN, STATE

OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE CENTER OF SAID SECTION 7, BEING A FOUND IN PLACE 3-Il4'' DIAMETERALUMINUM CAP, MARKED, DEPT. OF THE INTERIORBUR. OF LAND MANAGEMENT 1979,

WHENCE THE EAST QUARTER CORNER OF SAID SECTION, BEING A FOLTND IN PLACE 1-Il2''

DIAMETER ALUMINUM CAP, MARKED, LS 8ó5 IS ASSUMED TO BEAR N 86O49'37'' 8,2666,24FE87WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, THENCE S 59O06'15'' 8,1077.77

FEET TO THE TRUE POINT OF BEGINNING; THENCE N 38'54'52" 8,170.00 FEET; THENCE S 85o34'06"

E, 157.00 FEET; THENCE 522"29'34" E,300.00 FEET; THENCE S 70o14'05" W,35.00 FEET; THENCE S

75"06'04 W,50.00 FEET;THENCE S 83"40'21" W,95.00 FEET; THENCE S 88"44'40" W,95.00 FEET;

THENCE N 55"27'53" W, 35.57 FEET; THENCE ALONG THE ARC OF A CURVE TO THE zuGHT 54.76

FEET, HAVING A RADIUS OF I25.OO FEET, A CENTRAL ANGLE OF 25'06'08'' AND WHICH CHORD

BEARS N 35"31'04" W, 54.33 FEET; THENCE N 19"43'24" W,137.99 FEET TO THE TRUE POINT OF

BEGINNING, CONTAINING 2.02 ACRES MORE OR LESS.

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE THE ZONTNG MAP WILL BE AMENDED BASED OFF OF ACCURATEPROPERTY SURVEYS THE SUBJECT PROPERTY WILL BE REZONED TO THE PUBLIC FACTLITIES ZONE DISTRICT

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Exhibit BProperties to be rezoned To CommercìaUBusiness Services (CBS):

l) Lor lA & Lor 2A, BLOCK 11, AMENDMENT NO. I RECORDED AT RECEPTION NO.

133649 OF THE GILPIN COUNTY RECORDS.

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Exhibit BProperties to be rezoned To CommercíaUBusiness Services (CBS):

LOT IA & LOT 2A, BLOCK I I, AMENDMENT NO. I RECORDED AT RECEPTION NO. 133649 OF THE

GILPIN COLINTY RECORDS.

LOT 14, BTOCK 11,BLACK HAWK SUBD

LOT 24, BLOCK 11,

BLACK HAWK SUED

PROPERTY BOUNDARIES DEPICTED ARE APPROXIMATE THE ZONING MAP WILL BE AMENDED BASED OFF OF ACCURATEPROPERTY SURVEYS THE SUBJECT PROPERTY WILL BE REZONED TO THE COMMERCIAL / BUSINESS SERVICES ZONE DISTRICT

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