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Home My WebLink About07344Reception 1653780 12/21/2005 ORDINANCE NO. 7344 AN ORDINANCE APPROVING THE PLAT OF COMANCHE SUBDIVISION AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN WITH RESPECT THERETO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The final plat of Comanche Subdivision, being a subdivision of land legally described as: A parcel of land located within Section 20 and the East one -half of Section 29, Township 21 South, Range 64 West of the 6 th Principal Meridian, in the County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Northwest corner (found monument is a 3 aluminum cap, L.S. #33651) of Section 20, Township 21 South, Range 64 West; 1. Thence S 89 23'07" E, along the North line of said Section 20 to a point on the Westerly Right of Way line of Lime Road, a distance of 5,149.80 feet; 2. Thence S 05° 29'27" E, along said Westerly Right of Way line, a distance of 900.07 feet; 3. Thence S 01 01' 28" E, continuing along said Westerly Right of Way line, a distance of 1,633.62 feet; 4. Thence S 00 42' 35" E, continuing along said Westerly Right of Way line, a distance of 2,715.65 feet; 5. Thence S 47° 10' 53" W a distance of 38.94 feet; 6. Thence N 89 41' 56" W a distance of 404.78 feet; 7. Thence S 07 26' 55" E a distance of 15.38 feet; 8. Thence S 89 26' 55" E a distance of 28.87 feet; 9. Thence S 36 33' 00" W a distance of 3,635.24 feet; 10. Thence N 00 26' 18" W, to the South quarter of said Section 20, Township 21 South, Range 64 West, a distance of 2,941.46 feet; 11.Thence N 00 38' 19" W a distance of 717.15 feet to the beginning of a non - tangent curve to the right having a radius of 510.66 feet; 12. Thence along the arc of a curve to the right, through a central angle of 83 41' 28 ", a distance of 745.91 feet whose chord bears S 41 48' 54" W a distance of 681.35 feet; 13.Thence S 89 07'25" W a distance of 2,188.00 feet to a point on the West line of said Section 20; 14.Thence N 00 39' 11" W, along the West line of said Section 20, a distance of 5,143.32 feet to the Northwest corner of said Section 20 and the Point of Beginning. Said Parcel contains 696.02 acres, more or less. is hereby approved, and 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. This ordinance is approved with the following waiver granted by the Planning and Zoning Commission: The requirement that all existing and future utilities, including overhead power up to and including 30KVA, and appurtenances be placed underground per Section 12 -4 -7 (c)(6)a of the Pueblo Municipal Code is waived. SECTION 3. 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 4. 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. SECTION 5 The City Council hereby finds and determines that: (a) Collectively, the following, after approval and issuance thereof, shall constitute an approved site specific development plan as defined and described in Chapter 12 of title XVII of the Pueblo Municipal Code with respect to the real property described in Section 1 of this Ordinance ( "Property "). (1) Ordinance No. 7345 rezoning the Property to Heavy Industrial District (1 -3); (2) Ordinance No. 7344 subdividing the Property; (3) Ordinance No. 7346 amending City's comprehensive plan as it relates to the Property to Employment Center - Industry which establishes electrical power generation facilities as an authorized use; and (4) The Special Use Permit issued pursuant to Section 17 -4- 51(15)(c)(5) of the Pueblo Municipal Code permitting the use of a portion of the Property for disposal of nonhazardous solid waste generated on -site in compliance with Colorado Department of Public Health and Environment solid waste regulations. (b) The owner of the Property has the right to undertake and complete the development and use of the Property under the terms and conditions of the approved site development plan ( "Vested Property Right'). (c) In light of all relevant circumstances, including, but not limited to, the long- term development and use of the Property for a 750 megawatt electric power generation facility ( "Unit 3 ") and the incentive tax credits and exemptions set forth in Annexation Agreement Case No. A -05 -03 dated as of July 12, 2005 ( "Annexation Agreement'), the vesting period of the Vested Property Right approved and granted pursuant to (a) and (b) above is extended for a period of ten (10) years after the date Unit 3 becomes operational as such term is defined in the Annexation Agreement. SECTION 6. This ordinance shall become effective upon final approval and passage. INTRODUCED: August 22, 2005 a ( ", �yi $• BY: Michael 01 - 4 x) OU CI APPROVED: Z3�5b22�,. �� ESIDE OF ATTESTI=D - BY: TY CLERK PASSED AND APPROVED: September 12, 2005 Amended Copy September 12, 2005 F ED CD Background Paper for Proposed ORDINANCE AGENDA ITEM # 5e DATE: August 22, 2005 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF COMANCHE SUBDIVISION AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN WITH RESPECT THERETO ISSUE Shall City Council approve a request to subdivide this property for the purpose of power generation facility development and approve a site specific development plan? RECOMMENDATION The Planning Commission, at their August 10, 2005 regular meeting, voted 6 -0 to recommend approval subject to the following condition: The requirement that all existing and future utilities, including overhead power up to and including 30KVA, and appurtenances be placed underground per Section 1211 -7 (c)(6)a of the Pueblo Municipal Code is waived. BACKGROUND As provided in Section 17- 12 -2(1) of the Pueblo Municipal Code, Public Service Company of Colorado is requesting approval of a Site Specific Development Plan in the form of a subdivision plat triggering a vested property right under the provisions of Article 68 of Title 24, Colorado Revised Statues, to allow the contemplated construction and operation of a coal generated electric generation facility. Comanche Subdivision is located west of Lime Road and southeast of the Interstate 25 and Pueblo Boulevard interchange and generally referred to as the Comanche Power Plant. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated August 11, 2005. This application is concurrent with rezoning Z- 05 -12, which was also approved unanimously. FINANCIAL IMPACT None.