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HomeMy WebLinkAbout09822ORDINANCE NO. 9822 AN ORDINANCE APPROVING THE ST. CHARLES INDUSTRIAL PARK SUBDIVISION, FILING NO. 3 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the St. Charles Industrial Park Subdivision, Filing No. 3, being a subdivision of land legally described as: A Parcel of land located in the northeast one-quarter of Section 1, Township 22 South, Range 65 West, the east one-half of Section 36, Township 21 South, Range 65 West, the northwest one-quarter of Section 6, Township 22 South, Range 64 West, and Section 31, Township 21 South, Range 64 West, the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Basis of Bearings is the north line of Section 36, monumented on the west with a found 3 ¼” aluminum cap stamped with P.L.S. No. 33200 and monumented on the east with a found 3 ¼” aluminum cap stamped with P.L.S. No. 33200, to bear N. 89°19’04” W. and all bearings being relative thereto. Beginning at the southeast corner of the Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1 according to the recorded plat thereof filed for record on June 4, 2012 at Reception No. 1909383 in the records of Pueblo County Recorder; thence N. 03°00’08” E. along the east line of said Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1, a distance of 2,455.66 feet to the northeast corner of said Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1; thence N. 88°25’10” W. along the north line of said Lot 1 in Block 1, St. Charles Industrial Park, Filing No. 1, a distance of 1,000.31 feet to the southeast corner of Parcel ‘A’ in St. Charles Industrial Park, Filing No. 1 and the southwest corner of a parcel of land deeded to the City of Pueblo according to the Special Warranty Deed filed for record on January 1, 2015 at Reception No. 1995360 in the records of Pueblo County Recorder; thence N. 03°00’08” E. along the east line of said Parcel ‘A’, a distance of 1,393.87 feet to the northeast corner of said Parcel ‘A”; thence N. 89°59’52” W. along the north line of said Parcel ‘A’, a distance of 125.00 feet to the east line of the Burlington Northern & Santa Fe Railroad right- of-way (Line Segment no. 0477) as presently located; thence N. 03°00’08” E. along the east line of said Railroad right-of-way, a distance of 4,094.86 feet to north line of said Section 36; thence S. 89°19’04” E. along the north line of said Section 36, a distance of 170.14 feet to the northeast corner of a parcel of land deeded to the City of Pueblo according to the Special Warranty Deed filed for record on January 1, 2015 at Reception No. 1995360 in the records of Pueblo County Recorder; thence S. 03°00’08” W. along the east line of said parcel of land deeded to the City of Pueblo according to the Special Warranty Deed filed for record on January 1, 2015 at Reception No. 1995360 in the records of Pueblo County Recorder, a distance of 2001.64 feet; thence S. 89°19’04” E., a distance of 1,880.35 feet to the east line of said Section 36; thence S. 88°05’25” E., a distance of 3,849.90 feet more or less to a point on the west line of a parcel of land according to the Warranty Deed filed for record on June 9, 1988 at Reception No. 864836 in the records of Pueblo County Recorder; thence S. 00°12’55” W. along said west line, a distance of 1,578.96 feet more or less to a point on the northerly right-of-way of Lime Road as presently located; thence S. 62°44’38” W. along the said northerly right-of-way of Lime Road, a distance of 228.22 feet more or less to a existing barbed wire fence; thence N. 83°50’30” W. along said existing barbed wire fence, a distance of 1,249.36 feet ; thence 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. S. 00°56’25” E. along the existing barbed wire fence, a distance of 950.94 feet more or less to a point on the northerly right-of-way of Lime Road as presently located; thence S. 52°58’30” W. along the said northerly right-of-way of Lime Road, a distance of 1,387.21 feet more or less to an angle point in said right-of- way; thence N. 89°54’35” W. continuing along the said northerly right-of-way of Lime Road, a distance of 23.82 feet more or less to a point of intersection of the northerly right-of-way line of Lime Road as presently located and the southeasterly line of a parcel of land according to the Warranty Deed filed for record on December 7, 2017 at Reception No. 2090434 in the records of Pueblo County Recorder; thence S. 52°52’27” W. along the said southeasterly line, a distance of 1,047.62 feet; thence continuing along the southeasterly line, along the arc of a curve to the left whose radius is 2,060.00 feet, a distance of 410.08 feet; thence S. 41°28’06” W. continuing along the said southeasterly line, a distance of 216.22 feet more or less to the west line of said Section 6; thence S. 00°09’33” W. along said west line of Section 6 and the said southeasterly line, a distance of 7.57 feet; thence S. 41°28’06” W. continuing along the said southeasterly line, a distance of 1,121.20 feet more or less to a point of intersection of the said southeasterly line and the northwesterly right-of-way line of Lime Road as presently located; thence S. 19°56’44” W. along the northwesterly right-of-way of Lime Road as presently located, a distance of 66.68 feet more or less to an angle point; thence S. 41°29’46” W. along the said northerly right-of-way of Lime Road as presently located, a distance of 424.05 feet more or less to the northeasterly line of Lime Road right-of-way as platted in St. Charles Industrial Park, Filing No. 2, according to the recorded plat thereof filed for record on May 4, 2017 at Reception No. 2069460 in the records of Pueblo County Recorder; thence N. 48°14’59” W. along the said platted Lime Road right-of-way, a distance of 24.26 feet; thence S. 41°45’01” W. continuing along the said platted Lime Road right-of-way, a distance of 262.68 feet to the Point of Beginning. Excepting therefrom existing Lime Road right-of-way as presently located in said Sections 1, 6, 31 and 36. containing 469.72 acres, more or less. 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-l0-l0l, 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 authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement 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. SECTION 6. 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 November 9, 2020. Final adoption of Ordinance by City Council on November 23, 2020 . President of City Council Action by the Mayor: ☒ Approved on November 25, 2020 . ☐ Disapproved on 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 , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 9, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE ST. CHARLES INDUSTRIAL PARK SUBDIVISION, FILING NO. 3 SUMMARY: The City is requesting to subdivide a 469.72-acre parcel into one I-3, Heavy Industrial Zone District lot within the St. Charles Industrial Park. PREVIOUS COUNCIL ACTION: In February 2020, the City purchased 454.27 acres of land located west of Lime Road and north of the Vossloh North America (formerly Rocla Inc). The property was purchased and annexed, by the City, in connection with the development of the St. Charles Industrial Park for industrial economic development projects, including rail- based industry and solar energy generation. The subject property was annexed into the City in July of 2020 with Ordinance 9752. An Ordinance approving the zoning of the property to an I-3 Heavy Industrial Zone District was approved by City Council on October 26, 2020 BACKGROUND: The City is seeking to subdivide the recently annexed land to facilitate economic development projects, including rail-based industry and solar energy generation. The proposed subdivision meets the minimum lot area and width requirements for the I-3 Zone District. The subdivision area is approximately 15.45-acres larger than the annexation area because the subdivision includes a rail spur that is owned by the City and was annexed into the City in 2012. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their October 14, 2020 Regular Meeting, voted 6-0 (Commissioners Schilling absent) to recommend approval. 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. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be resubdivided 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: Proposed Ordinance Minutes of the Planning and Zoning Commission October 14, 2020 Public Hearing Memorandum from the Department of Public Works Dated October 15, 2020 Planning and Zoning Commission Staff Report with Attachments and Exhibits