HomeMy WebLinkAbout08480Reception 1909382
06/04/2012 02:36:09 PM
ORDINANCE NO. 8480
AN ORDINANCE APPROVING THE ST. CHARLES
INDUSTRIAL PARK, FILING NO. 1 SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the St. Charles Industrial Park, Filing No. 1 Subdivision, being a
subdivision of land legally described as:
A portion of the SE 1/4 of Section 36, Township 21 South, Range 65 West
and a portion of the NE 1/4 of Section 1, Township 22 South, Range 65
West of the 6th P.M. County of Pueblo, State of Colorado and being more
particularly described as follows:
Commencing at the Northeast corner of Lot 1, Vestas Towers America,
according to the recorded plat thereof, as filed for record at Reception No.
1821580 in the Pueblo County records; said point also being on the
Westerly right -of -way line of the Burlington Northern and Santa Fe
Railroad (Line Segment No. 0477); thence S. 03 °00'08" W., along the
Easterly line of said Lot 1 and the Westerly right -of -way line of the
Burlington Northern and Santa Fe Railroad, a distance of 1361.98 feet to
the Point of Beginning; thence S. 86 °59'52" E., a distance of 325.00 feet;
thence S. 03 °00'08" W., a distance of 1393.87 feet to a point on the South
line of the SE 1/4 of said Section 36, Township 21 South said point also
being on the North line of the NE 1/4 of Section 1, Township 22 South;
thence S. 88 °2510" E., along said South line of the SE 1/4 of Section 36,
Township 21 South and the North line of the NE 1/4 of Section 1,
Township 22 South, a distance of 1000.31 feet; thence S. 03 °00'08" W., a
distance of 2455.66 feet to a point on the Northerly right -of -way line of
Lime road, according to the recorded Quit Claim Deed, as filed for record
at Reception No. 1744576 in the Pueblo County records; thence S.
41 °45'01" W., along the Northerly right -of -way line of said Lime road, a
distance of 190.30 feet to a point on the South line of the NE 1/4 of said
Section 1, Township 22 South; thence N. 88 °31'41" W., along said South
line of the NE 1/4 of said Section 1, Township 22 South, a distance of
1206.32 feet to a point on the Easterly line of said Lot 1 and the Westerly
right -of -way line of the Burlington Northern and Santa Fe Railroad (Line
Segment No. 0477); thence N. 03 °00'08" E., along the Easterly line of said
Lot 1 and the Westerly right -of -way line of the Burlington Northern and
Santa Fe Railroad, a distance of 4005.35 feet to the Point of Beginning.
EXCEPTING THEREFROM: All of the Burlington Northern and Santa Fe
Railroad right -of -way.
Containing 71.00 acres, more or less.
attached hereto, is hereby approved.
SECTION 2.
The Subdivision is approved with the following conditions:
1. Amend the Subdivision Plat and associated documents to separate the 125' wide
railroad lead track corridor as a separate parcel than lot 1.
2. Applicant will be required to secure an access permit for their driveway onto Lime
Road from Pueblo County Road and Bridge. Provide a copy of the approved access
permit prior to recording of the plat or with any part 11 improvements.
3. The drainage letter submitted is inadequate. The drainage requirements for the
subdivision will need to be addressed in greater detail in a drainage report and a
drainage plan. Since the design parameters at this time are very preliminary, the
drainage report and plan can be submitted prior to the recording of the plat.
4. Indicate the size of the water service line "stub -in" into Lot 1, Block 1 on the Utility
Plan.
5. If there is not sufficient area within the Lime Road right -of -way for a water meter,
provide an easement for the meter, adjacent to Lime Road within Lot 1.
SECTION 3.
The acceptance of such dedicated streets, rights -of -way, utility and drainage
easements, public sites, parks and open spaces by the City does not obligate the City to
maintain or repair same until such streets, rights -of -way, utility and drainage easements,
public sites, parks and open spaces have been constructed and installed in compliance
and in accordance with the requirements and provisions of Chapter 4, Title XII of the
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto.
SECTION 4.
Neither the adoption of this Ordinance nor the requirements imposed hereby
shall create any duty or obligation of any person, firm, corporation or other entity with
regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision
Ordinances and regulations. No person, firm, corporation or other entity shall have any
private right of action, claim or demand against the City or its officers, employees or
agents, for any injury, damage or liability arising out of or in any way connected with the
adoption, enforcement, or nonenforcement of this Ordinance or the Subdivision
Ordinance and Regulations of the City, or the engineering, surveying, drainage
improvement or other work or improvements required thereby. Nothing in this
Ordinance or in the City's subdivision Ordinances and regulations shall create or be
construed to create any claim, demand or liability against the City or its officers,
employees or agents, or to waive any of the immunities, limitations on liability, or other
provisions of the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents.
SECTION 5.
This Ordinance shall be approved and effective upon final passage, provided,
however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal
Code and with the subdivision requirements of the City with such modifications, if any,
approved by City Council, and has been filed with and approved by the Director of
Public Works, (b) the conditions of Section 2 have been agreed to in writing by the
subdivision developer, and (c) the final subdivision plat is recorded in the office of the
Pueblo County Clerk and Recorder. All information, documents, drawings and profiles
required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and
filed with the subdivision plat, except that the filing and approval of required detailed
plans and profiles for streets, sanitary sewers, storm sewers and other drainage
facilities, off -site easement, covenants or subdivision improvements agreement,
described in a written instrument mutually acceptable to the subdivider and the Director
of Public Works may be deferred for up to one (1) year from the date the final
subdivision plat is approved by ordinance adopted by the City Council (the "Deferred
Filings "). If a complete set of such Deferred Filings are for any reason not filed with and
approved by the Director of Public Works within said one -year period, the ordinance
conditionally approving the final subdivision plat may be rescinded and repealed by
Ordinance adopted by City Council not sooner than thirty (30) days after written notice
of such deficiency is given to the subdivision developer. No vested rights shall accrue
to the subdivision or be acquired until such Deferred Filings are approved by the
Director of Public Works and recorded in the office of the Pueblo County Clerk and
Recorder.
',z.o' cn {o ',,. INTRODUCED: APRIL 23, 2012
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f4 ` f c ' , BY: Leroy Garcia
� COUNCIL P RS *N
• ~ '‘ '�"— ' - i���'!'' APPROVED: 400,01,
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ATTESTED :` -- -
�� ITY CLERK
PASSED AND APPROVED: May 14, 2012
Background Paper for Proposed
ORDINANCE
DATE: APRIL 23, 2012 AGENDA ITEM # R-3
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE ST. CHARLES INDUSTRIAL PARK, FILING NO. 1
SUBDIVISION PLAT
ISSUE
Should City Council approve the request to subdivide the 71-acre property generally
located north of Lime Road, east of Vestas Towers?
RECOMMENDATION
The Planning and Zoning Commission, at their April 11, 2012 Regular Meeting, voted 6-
0 to recommend approval with the following conditions:
1. Amend the Subdivision Plat and associated documents to separate the 125’ wide
railroad lead track corridor as a separate parcel than lot 1.
2. Applicant will be required to secure an access permit for their driveway onto Lime
Road from Pueblo County Road and Bridge. Provide a copy of the approved access
permit prior to recording of the plat or with any part II improvements.
3. The drainage letter submitted is inadequate. The drainage requirements for the
subdivision will need to be addressed in greater detail in a drainage report and a
drainage plan. Since the design parameters at this time are very preliminary, the
drainage report and plan can be submitted prior to the recording of the plat.
4. Indicate the size of the water service line “stub-in” into Lot 1, Block 1 on the Utility
Plan.
5. If there is not sufficient area within the Lime Road right-of-way for a water meter,
provide an easement for the meter, adjacent to Lime Road within Lot 1.
BACKGROUND
The applicant is proposing to subdivide a 71-acre parcel of land to facilitate the
construction of a concrete railroad product manufacturing facility and related site
improvements, including railroad spur lines. The property has been annexed into the
City of Pueblo and rezoned from County A-1 to City I-3, Heavy Industrial Zone District.
FINANCIAL IMPACT
None.