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