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Home My WebLink About10412 ORDINANCE NO. 10412 AN ORDINANCE APPROVING THE STEEL CITY INDUSTRIAL PARK SUBDIVISION, A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Steel City Industrial Park Subdivision, A Special Area Plan, being a subdivision of land legally described as: A parcel of land being a portion of the South ½ of Section 13, Township 21 South, Range 65 West, of the Sixth Principal Meridian, being more particulary described as follows: Commencing at the Southwest corner of Section 13, Township 21 South, Range 65 West of the th 6 P.M., thence the following courses: North 89 degress 10 minutes 11 seconds East along the South line of th said Section 13, a distance of 647.50 feet to the Easterly right of way line of interstate 25, (the following 5 courses are on the Easterly right of way line of Interstate 25) Thence North 37 degrees 28 minutes 11 seconds East a distance of 227.80 feet; Thence North 51 degrees 15 minutes 11 seconds East a distance of 606.80 feet; Thence South 85 degrees 31 minutes 49 seconds East a distance of 142.10 feet; Thence South 46 degrees 14 minurtes 49 seconds East a distance of 200.00 feet; Thence North 43 degrees 45 minutes 11 seconds East a distance of 200.00 feet to the TRUE POINT OF BEGINNING for the following descripbed parcel of land. 1. North 46 degrees 14 minutes 49 seconds West a distance of 200.00 feet; 2. North 01 degrees 14 minutes 49 seconds West a distance of 155.60 feet; 3. North 30 degrees 37 minutes 11 seconds East a distance of 616.10 feet; 4. North 43 degrees 48 minutes 53 seconds East a distance of 1295.63 feet; 5. South 24 degrees 27 minutes 35 seconds West a distance of 2084.51 feet; 6. North 65 degrees 32 minutes 25 seconds West a distance of 74.59 feet; 7. Thence on the arc of a curve to the right, said curve having a central angle of 19 degrees 17 minutes 36 seconds, a radius of 241.23 feet and an arc length of 81.23 feet; 8. North 46 degreees 14 minutes 49 seconds West a distance of 90.00 feet to the POINT OF BEGINNING, County of Pueblo, State of Colorado Containing a calculated area of 639,518 square feet or 14.681 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-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 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 February 27, 2023. Final adoption of Ordinance by City Council on March 13, 2023 . President of City Council Action by the Mayor: ☒ Approved on March 15, 2023 . □ 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 # R9 Background Paper for Proposed Ordinance February 27, 2023 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE STEEL CITY INDUSTRIAL PARK SUBDIVISION, A SPECIAL AREA PLAN SUMMARY: The applicant is requesting to subdivide 14.68-acres into five industrial lots and three parcels for a private roadway and utilities. The proposed Steel City Industrial Park Subdivision, A Special Area Plan, proposes to allow unique development of a private roadway providing ingress/egress to the lots within the subdivision. PREVIOUS COUNCIL ACTION: An application to approve SAP-22-02, Steel City Industrial Park Subdivision, A Special Area Plan has been concurrently submitted in conjunction with this request. BACKGROUND: The subject property is located east of Interstate 25, north of West Pueblo Boulevard, and west of EVRAZ Rocky Mountain Steel property and previously served as a regional retention pond for the Minnequa Industrial Park Subdivisions. The proposed Subdivision divides the 14.68 acres into five lots and three parcels. Lot 1 is intended to be developed with a national chain convenience store; the remaining four lots are reserved for future industrial development. A parcel will serve as a private roadway to provide access to Lots 2-5. Parcel A is a triangular parcel located in the northern portion of the subdivision and will serve as a drainage parcel with an infiltration facility. Another parcel will serve as the private road, Greenhorn Place, which will intersect with West Pueblo Boulevard and extend north, providing access to Lots 1-5. Parcel B is located along the eastern boundary of the subdivision and contains an electric easement, drainage easement, retention pond easement and access easement to Parcel A. Parcel A is identified as a “drainage parcel” on the subdivision plat and will include a stormwater infiltration facility. Previously, the site was a regional retention pond for the Minnequa Industrial Park Subdivisions and was sized for 1 million cubic feet. Many of the lots within the Minnequa Industrial Park Subdivisions provided their own detention facilities at the time of development. The new infiltration facility in parcel A is sized for a portion of Minnequa Industrial Park and the proposed Steel City Industrial Park Subdivision. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 14, 2022 Regular Meeting, voted 4-0 to recommend approval. Commissioners Aznar, Martinez and Pasternak absent. 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 both the subdivision and special area plan will not be recorded which will 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: 1. S-22-08 Combined Attachments