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.
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Siiber! Ortiz ,':lerkIRecurder. Pueblo County, Co
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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
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Cilbert Ortiz Clerk/Recorder, Pueblo County, Co
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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:
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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
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City Clerk �w « o
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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