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HomeMy WebLinkAbout07908ORDINANCE NO. 7908 AN ORDINANCE APPROVING THE MINNEQUA INDUSTRIAL PARK, THIRD FILING, SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: RFrT1nNJ 1 The final plat of the Minnequa Industrial Park, Third Filing being a subdivision of land legally described as: A RE- SUBDIVISION OF LOT 2, MINNEQUA INDUSTRIAL PARK, SECOND FILING, LOCATED WITHIN A PORTION OF THE SE 1/4 OF SECTION 23, A PORTION OF THE SW 1/4 OF SECTION 24 AND WITHIN A PORTION OF THE NE 1/4 OF SECTION 26, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO. 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. 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. SECTION 4. 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 (I) 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. INTRODUCED October 14, 2008 E ������ L MOW Background Paper for Proposed ORDINANCE DATE: OCTOBER 14, 2008 AGENDA ITEM # 21 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR 1111111114 AN ORDINANCE APPROVING THE MINNEQUA INDUSTRIAL PARK, THIRD FILING, SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide Minnequa Industrial Park, Filing No. 2 to facilitate industrial development along the southern 1 -25 corridor? RECOMMENDATION The Planning and Zoning Commission, at their August 13, 2008 regular meeting, voted 7 -0 to recommend approval. BACKGROUND The proposed subdivision is a resubdivision of Minnequa Industrial Park, Filing No. 2. The subdivision consists of one 8.59 -acre lot and two parcels that total 54.77 acres. Access to the lot and parcels is provided by Greenhorn Drive, which will be extended south along the entire frontage of Lot 1. Future extensions and improvements to Greenhorn Drive will occur when Parcel A and B are resubdivided and developed. The subdivision is intended to facilitate industrial development along the southern 1 -25 corridor and will be screened in accordance to the Section 17 -4 -7, of the Municipal Code, per the protective covenants listed on the plat. FINANCIAL IMPACT None.