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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 do f4 ` f c ' , BY: Leroy Garcia � COUNCIL P RS *N • ~ '‘ '�"— ' - i���'!'' APPROVED: 400,01, �q�1 � A RESIDE T �� F CITY COUNCIL to • 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.