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HomeMy WebLinkAbout08300ORDINANCE NO. 8300 AN ORDINANCE APPROVING THE ELIZABETH STREET CENTER AT I-25 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Elizabeth Street Center at I-25 Subdivision, being a subdivision of land legally described as: A parcel of land being a portion of the E ½ of the NW ¼ and the W ½ of the NE ¼ of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the most southwesterly corner of Pueblo Crossing Filling No. 1 according to the recorded plat thereof filed for record December 18, 2003 at reception number 1542506 in the records of the Pueblo County Clerk and Recorder said southwesterly corner also being on the north line of Lot 1, Eaglecross Subdivision Fourth Filing according to the recorded plat thereof filed for record December 30, 1998 at reception number 1256096 in the records of the Pueblo County Clerk and Recorder from which the centerline survey monument of Elizabeth Street bears N 59º41’39”E (bearings based on the centerline of Elizabeth Street monumented on both ends with a No. 6 rebar with a 2 1/2" aluminum in cast iron monument box cap PLS 16128 to bear N 15˚08’15”E based on the Colorado State Plane Coordinate System South Zone, utilizing National Geodetic Survey Control Monuments JK1355 and JK0064, with all bearings contained herein being relative thereto) a distance of 52.02 feet; Thence S 88˚26’08”W (N 89º59’50”W Plat) along the north line of said Lot 1, Eaglecross Subdivision Fourth Filing, a distance of 343.81 feet to the northwest corner of said Lot 1 and the east line of Lot 1, Block 2, Skyview Subdivision according to the recorded plat thereof filed for record November 5, 1980 at reception number 649798 in the records of the Pueblo County Clerk and Recorder; Thence N 10º33’04”W (N 09º04’39”W Plat) along said east line a distance of 1048.00 feet to the northeast corner of said Lot 1, Block 2, Skyview Subdivision; Thence N 79º26’56”E a distance of 251.43 feet to a point on the westerly right of way line of Elizabeth Street as platted in said Pueblo Crossing Filing No. 1; Thence S 15º08’15”E (S 13º31’15”E Plat) along said westerly right of way line a distance of 1091.62 feet; Thence continuing along said westerly right of way line along the arc of a curve to the right having a central angle of POINT OF 01º44’00” and a radius of 450.00 feet a distance of 13.61 feet to the BEGINNING : Said parcel contains 7.27 acres. 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. 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 (l) 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: December 13, 2010 BY: Chris Kaufman COUNCILPERSON PASSED AND APPROVED: December 27, 2010 Background Paper for Proposed ORDINANCE DATE: DECEMBER 13, 2010 AGENDA ITEM # R-7 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE ELIZABETH STREET CENTER AT I-25 SUBDIVISION PLAT ISSUE Shall City Council approve the request to subdivide 7.27-acres of land generally located west of I-25 and North Elizabeth Street and north of Ridge Drive into five lots to facilitate commercial development? RECOMMENDATION The Planning and Zoning Commission, at their September 8, 2010 Regular Meeting, voted 6-0 to recommend approval. BACKGROUND The applicant is proposing to subdivide 7.27-acre parcel into a five-lot commercial subdivision, west of I-25 and north of Ridge Drive. The proposed Elizabeth Center at I- 25 Subdivision conforms with Phase II of the Outlook East Master Development Plan, which was approved by the Planning Commission on August 14, 2002. The Outlook East Master Development Plan identifies the project area as a prime location for restaurant and retail uses, the proposed subdivision will facilitate such development. FINANCIAL IMPACT None.