HomeMy WebLinkAbout09118Reception 2069459
05/04/2017 02:46:40 PM
ORDINANCE NO. 9118
AN ORDINANCE APPROVING THE ST. CHARLES INDUSTRIAL
PARK SUBDIVISION, FILING NO. 2
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the St. Charles Industrial Park, Filing No. 2, being a subdivision of land
legally described as:
A parcel of land located in a portion of the E '/2 of Section 1, Township 22 South,
Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado,
being more particularly described as follows.
Beginning at a point on the Easterly line of Lot 1 in St Charles Industrial Park, Filing
No. 1 according to the recorded plat thereof as filed for record at Reception No.
1909383 in the Pueblo County records said point also being on the Northwesterly
right-of-way line of Lime Road as recorded at Reception No. 1797037 in the Pueblo
County records; thence along the right-of-way of said Lime Road the following four
(4) courses:
1. N. 41°45'01" E., a distance of 262.68 feet;
2. S. 48°14'59" E., a distance of 110.00 feet;
3. S. 41°45'01" W., a distance of 1114.06 feet;
4. Southwesterly along the arc of a curve to the right whose radius is 705.00
feet a distance of 337.96 feet
to a point on the point on the Northerly right-of-way line of existing Lime Road as
presently located and the Southerly right-of-way line of said Lime Road right-of-
way as recorded at Reception No. 1797037 in the Pueblo County records; thence
S. 41°29'00" W., along the Northerly right-of-way line of existing Lime Road right-
of-way, a distance of 518.96 feet; thence continuing along the Northerly right-of-
way line of existing Lime Road along the arc of a curve to the right whose radius
is 225.09 feet, a distance of 113.35 feet to a point on the Easterly right-of-way line
of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence
N. 03°00'08" E., along the Easterly right-of-way line of the said Burlington Northern
& Santa Fe Railroad (Line Segment No. 0477), a distance of 1235.27 feet to a
point on the North line of the SE % of said Section 1 said point also being on the
Southerly line of said Lot 1 in St. Charles Industrial Park, Filing No. 1; thence S.
88°31'41" E., along the North line of the SE 1/4 of said Section 1and the Southerly
line of said Lot 1, a distance of 1006.25 feet to a point on the Southeasterly Line
of said Lot I and the Northwesterly right-of-way of said Lime Road; thence N.
41°45'01" E. along the Southeasterly line of said Lot 1 and the Northwesterly right-
of-way of said Lime Road, a distance of 190.30 feet to the Point of Beginning.
Containing 18.04 acres, more or less
AND
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Gilbert Ortiz Clerk/Recorder, Pueblo County. Co
IA 5 III
A parcel of land located in a portion of the South 1/2 of Section 1, Township 22
South, Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado, being more particularly described as follows.
Commencing at the S '/4 Corner of Section 1, Township 22 South, Range 65 West
of the 6th P.M.; thence N. 53°37'35" W., a distance of 3228.58 feet to the Point of
Beginning said Point being on the Northerly right-of-way line of Lime Road in
Vestas Towers America according to the recorded plat thereof as filed for record
at Reception No. 1821580 in the Pueblo County records and also being on the
Westerly right-of-way line of the Burlington Northern & Santa Fe Railroad (Line
Segment No. 0477); thence S. 03°00'08" W., along the Westerly right-of-way line
of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); a
distance of 110.83 feet; to a point on the Southerly right-of-way line of said Lime
Road as recorded in the Pueblo County records; thence along the right-of-way line
of said Lime Road the following three (3) courses:
1. S. 85°59'00" W., a distance of 716.78 feet;
2. S. 04°01'00" E., a distance of 15.00 feet;
3. S. 85°59'00" W., a distance of 100.00 feet
to a point on the Easterly right-of-way line of said Lime Road in Vestas Towers
America; thence along the right-of-way of said Lime in Vestas Towers America the
following four (4) courses:
1. N. 04°01'00" W., a distance of 140.00 feet;
2. N. 85°59'00" E., a distance of 100.00 feet;
3. S. 04°01'00" E., a distance of 15.00 feet;
4. N. 85°59'00" E. a distance of 730.32 feet
to the Point of Beginning.
Containing 2.15 acres, more or less
attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, rights-
of-way and land set aside for public sites, parks and open spaces shown and dedicated on said
plat are hereby accepted for public use.
SECTION 2.
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 3.
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 4.
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Ordinance to effectuate the policies and procedures described
herein.
SECTION 5.
This Ordinance shall be approved upon final passage but shall not become effective until:
(a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of
the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City
with such modifications, if any, approved by City Council, have been filed with and approved by
the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the
Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred
pursuant to Section 12-4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed
and approved within one (1) year after final passage of this Ordinance, or within any extended
period granted by Resolution 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
Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance
becomes effective.
,45
° INTRODUCED: March 27, 2017
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PASSED AND APPROVED: April 10, 2017
2069459 ORD 05/04/2017 02:46:40 PM
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Co
Gilbert Ortiz Clerk/Recorder, Pueblo County
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City Clerk’s Office Item # R-6
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
March 27, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE ST. CHARLES INDUSTRIAL PARK
SUBDIVISION, FILING NO. 2
SUMMARY:
This Ordinance will subdivide the subject property into one (1) legally subdivided lot, and two (2)
parcels for utility, drainage and maintenance purposes, containing approximately 20.2 acres.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is located along the realigned segment of Lime Road, east and west of the
Burlington Northern and Santa Fe Railroad Right-of-Way tracks. The applicant is requesting to
plat a single lot, north of Lime Road for industrial purposes, plat the realigned Lime Road and plat
two (2) parcels for utility, drainage and maintenance purposes.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any immediate financial impact to the City.
However, build out of this lot will require a higher level of City services (police, fire, etc.) than
currently is provided to the vacant land parcel.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 8, 2017 Regular Meeting, voted 6-0 (Lucas
absent) to recommend approval with the following conditions:
1. Provide a current, updated title commitment.
2. Place a “No Vehicle Access” restriction on the plan along the Lime Road frontage adjacent
to Lot 1 except for the location of the existing access point that was recently constructed
as parking of the Lime Road Realignment Project.
Both conditions of approval have been complied with by the applicant.
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 current subdivision would remain and would
impede the applicant’s ability to develop the property.
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: Minutes of the Planning and Zoning Commission March 8, 2017 Public
Hearing
Memorandum from the Department of Public Works Dated March 16, 2017
Planning and Zoning Commission Staff Report with Exhibits