Loading...
HomeMy WebLinkAbout09891Reception 2219994 04/02/2021 02:10:33 PM ORDINANCE NO. 9891 AN ORDINANCE APPROVING THE MINNEQUA INDUSTRIAL PARK SUBDIVISION, FILING NO. 5 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Minnequa Industrial Park Subdivision, Filing No. 5, being a subdivision of land legally described as: Lot 3, Minnequa Industrial Park, Fourth Filing, County of Pueblo, State of Colorado. Said parcel contains 26.67 acres more or less. Is hereby approved. 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. 2219994 04/02/2021 02 1.5.01 PM Page 2 of 3 R 23.00 D 0.00 T 23.00 Siiber! Ortiz ,':lerkIRecurder. Pueblo County, Co dill l4al arilinliK 1'#'L'0,%WEN 44 1111 SECTION 4. The officers and staff of the City are authorized 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. Remainder of Page Intentionally Left Blank Signature Page to Follow 2219994 04/02/2021 02:15:01 PM Page: 3 of 3 P 23 00 D 0.00 T 23.00 Cilbert Ortiz Clerk/Recorder, Pueblo County, Co lilt kiriAliti i lefOil:1011 10,1140 MAN, Ill III Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 22, 2021. Final adoption of Ordinance by City Council on March 8, 2021 . Deurtx.c,4- President of City Council Action by the Mayor: Approved on`i'a,ea,/f/D 'OA/ ❑ Disapproved on based on the following objections: --7(#0.4&‹c‘41:bad4sar. 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 j \\01;'''%;."7 City Clerk �w « o c r \ .. .,.� �. k@ City Clerk’s Office Item # R-4 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 22, 2021 TO: President Lawrence W. Atencio 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 MINNEQUA INDUSTRIAL PARK SUBDIVISION, FILING NO. 5 SUMMARY: This Ordinance would approve a 26.67-acre subdivision generally located south of th Minnequa Industrial Park 4 Filing and east of I-25. The proposed subdivision would split Lot 3, Minnequa Industrial Park, Filing No. 4 into five I-3 Heavy Industrial Zone District lots. PREVIOUS COUNCIL ACTION: Lot 3, Minnequa Industrial Park, Filing No. 4, reserving the lot for future industrial development, was approved by City Council Ordinance No. 8611 on July 8, 2013. BACKGROUND: Pueblo Economic Development Corporation owns the I-3 Zoned, 26.67-acre Lot 3, Minnequa Industrial Park, Filing No. 4 that is located east of I-25 and south of the current Grady’s Food Service, PEWAG, and Supply and FedEx Ground Trucking operations. Lot 3 was subdivided in 2013 and was reserved for future development. PEDCO is requesting to subdivide the lot into five industrial zoned lots. All five lots are over four acres and front I-25. Lot 2, the largest lot east of Lot 1 containing 6.25 acres, is a flag lot with a 50-foot frontage along Greenhorn Drive. The frontage for Lot 2 provides the required lot width and meets all applicable subdivision regulations. The purpose of the subdivision is to facilitate industrial development within the St. Charles Industrial Park. 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 December 9, 2020 Regular Meeting, voted 7-0 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. 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: Proposed Ordinance Minutes of the Planning and Zoning Commission December 9, 2020 Public Hearing Memorandum from the Department of Public Works Dated February 3, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits