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HomeMy WebLinkAbout08347Reception 1874725 05/09/2011 ORDINANCE NO 8347 AN ORDINANCE APPROVING THE FORTINO COMMONS SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that. SECTION 1. The final plat of the Fortino Commons Subdivision being a subdivision of land legally described as all of Lots 1 and 2 in Block 1 in Rancho Del Sol, Seventh Filing, according to the recorded plat thereof as filed for record in Book 2970 at Page 776 together with a parcel of land described at Reception No 1854057 being more particularly described as follows Beginning at a point at the Southeast corner of Lot 1, Block 1, Rancho Del Sol Seventh Filing, as recorded in book 2970, at Page 776, County of Pueblo records, thence along the East line of Lot 1 and Lot 2, Block 1, Rancho Del Sol Seventh Filing, N 00 11' 27" E, a distance of 84 06 feet; thence departing said East line and along the Southerly and Westerly line of Lot 1, Block 5, College Road Shopping Center Subdivision, as recorded at Reception No 398836 County of Pueblo records, S 89 41' 03" E, a distance of 40 00 feet; thence, S 00° 11' 27" W, a distance of 84 00 feet, to a point on the Northerly right of way line of Fortino Boulevard, thence along said right of way, N 89 46' 30" W, a distance of 40 00 feet, to the Point of Beginning of this description Said parcel contains 0 36 acres more or less 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 (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 ,4'° INTRODUCED April 11, 2011 4'4' 2 . i A ' \ ' . " %' , "f 4 ' BY Larry Atencio ,,., A. > L c, OUNCIL PERSON _ "�. , :), 1 .117.: .1. �i 1r► � APPROVED ,^r "~:�""' 4. PRESIDEN OF CITY COUNCIL ATTESTED B'( 3rS-f■_ ITY CLERK PASSED AND APPROVED April 25, 2011 Background Paper for Proposed ORDINANCE DATE: APRIL 11, 2011 AGENDA ITEM # R-12 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE FORTINO COMMONS SUBDIVISION PLAT ISSUE Shall City Council approve the request to resubdivide Lots 1 and 2, Block 1 in Rancho Del Sol, Filing No. 7, and an unsubdivided parcel into one lot? RECOMMENDATION The Planning and Zoning Commission, at their March 9, 2011 Regular Meeting, voted 6-0 to recommend approval with conditions. Subsequently, the conditions of approval have been met by the applicant. BACKGROUND The applicant is proposing to subdivide Lots 1 and 2, Block 1, Rancho Del Sol Subdivision, Filing No. 7 and an unsubdivided parcel into one 0.36 acre lot to facilitate the future expansion of the commercial building located at 1201 Paseo Del Norte. The existing structure was originally constructed on Lot 1 in 2000 as a model home. Since that time the property was rezoned to O-1, Neighborhood Office District and a parking lot was added on Lot 2 to serve the commercial office building. The unsubdivided parcel to the east of the existing structure has remained vacant and was not included with the Rancho Del Sol Subdivision and is not included in the Pueblo Grande Mobile Home Park to the east. The unsubdivided parcel is not of sufficient size to meet the minimum lot size requirements; therefore, for this property to be utilized it must be combined with another property. FINANCIAL IMPACT None. Reception 1874727 05/09/2011 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on /"/c - a / , . , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and Reck Ventures, LLC, a Colorado Limited Liability Company ( "Subdivider ") RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A ", and WHEREAS, the Subdivider, as a condition of approval of the final plat of Fortino Commons ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title X11 of the Pueblo Municipal Code, and WHEREAS, Subdivider is required by Chapter 4, Title X11 of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4 Title XI1 of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Required Public Improvements "), and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit "B" and shown on approved construction plans and documents on file in the office of the City's Director of Public Works ( "Plans and Documents ") WHEREAS, by Chapter 4, Title X1I of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows 1 Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2 In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 Dec 2007 1874727 SUBD_AG 05/09/2011 01 17 31 PM Page 0 R 56 Dr 0 00 T 56 0 0 Gilber1 rtof 1 iz Clerk /Recorde Pueblo County Co khPI011 A l ? Ili M 11111 escrow agreement approved by the City Attorney The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit" 3 The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (1/2) of such block, and the required deposit shall be based upon such decreased estimate The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid -block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4 Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5 In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a hen upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such hen for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another DPW 101 2 May 2009 1874727 3 4727 SUBD_AG 05/09/2011 01 17 31 PM Gi lbertOr t i 1 zCCler /Reco Clerk/Recorder Pu County Co iii 1 1%r f aiixP��� ri +.` ° i01i141ki B 111 6 Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below 7 As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City 8 Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights -of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9 The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine Until all the Required Public Improvements are completed and approved by the Director of Public DPW 101 3 May 2009 1874727 SUBD_AG 05/09/2011 01 17 31 PM Page 40 of 10 R 56 00 D °P 00 T 56 00 Gilbert rtiz Clerk /Recorder ueblo County Co III 11 %I' Ilidr1I41MI'fY CARLRIOr Iifilli 11111 Works, Subdivider and the subdivided land shall remain liable and responsible for all Required Public Improvements. 10 For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots and shall include the full width of all streets upon which such lots abut. 11 If the Required Public Improvements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and restoration of adjacent drainage channels, and /or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefore approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain, or replace the facilities shall not subject the City to any liability for such failure 12 Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness or encumbrance shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions, and restrictions 13 The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto Such authority shall include the right to compel rescission of any sale, conveyance, or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation arising out of this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees Venue for any such litigation shall be Pueblo County, Colorado 14 City and Subdivider have attempted by the attached Exhibit "B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 May 2009 1874727 SUBD_AG 05/09/2011 01 17 31 P11 Page 5 of 10 R 56 00 D 0 00 T 56 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co ill A I h P r il l II 111 installed by Subdivider with respect to the Subdivision. However if the attached Exhibit "B" and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ( "Omitted Public Improvement "), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re- alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10) years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control (c) If Chapter 4 of Title XII and /or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15 Except for guarantee and obligation to correct defects required by Section 12-4 - 7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit "B ", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2) years from the date of acceptance of the Required Public Improvements described in the attached Exhibit "B" by the Director of Public Works. DPW 101 5 May 2009 1874727 SUBD_AG 05/09/2011 01 17 31 PM Pagge 6 of 10 R 56 00 D 64U T 56 00 Gilbei� Oitiz Clerk /; ecoi erlr ll�� `l r199 II�i�111 I III IIIht11 1 11 ���� 16 All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council 17 The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties 18 This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County Colorado, and shall constitute an agreement running with the land until released as described above The parties have caused this Agreement to be executed and attested by its duly authorized ,�Q;�$ 64 and acting officer * NOTARY I Reck Ventures, LLC, a Colorado Limited Subdivider' Liability Company J,. ) y Tc 9l ' By Dr S tev eck, Manager My cema ssion exp rIn 5 21 -2 The foregoing instrument was acknowledged before me on 1 "ldy!G/ t off-/ , a0 // ,by Dr Steven F Reck, Manager of Reck Ventures, LLC ,Subdivider a Colorado Limited Liability Company k.1 : ;- -', expires 5 -,2./ 2O// . �' I oZOI G�d i Not y P u bl ic P ife &to co r/ooV z '' v P I L a Municipal Corporation 'l / j 1 CITY OF P EB O, p p `' • „ tammoutill /. B y "-3 & Pr sides of City Council 441 11S-4i: 1 .. , City ■lerk STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this c 2,.-..)--- - ay of ►r i Zo/ ( ;��U i � r" as Presid nt of City Council, and 4, ham .. pt, b 4 y rr f e v --- as City Clerk of the City of Pueblo, Colorado Witness my hand and official seal DPW IM 6 May 2009 G 0114;; \ yy • o mission expires. 7 2 - 0 i/ CC • s ` c - •N•� Notary Public APPROVED AS TO FORM. l City Attoi 1874727 SUBD_AG 05109/2011 01 17 31 PM Page 7 of 10 R 56 00 D 0 00 T 56 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co III 1 IMAM 1 RI 11 7 DPW 101 May 2009 1874727 SUBD_AG 05/09/2011 01 17 31 P11 Page 80 0 R 56 00 D 0 00 T 5 6 00 Gilbe rtof 1 iz Clerk /Recorder Pueblo County Co iii h'l�d I'U�1 Milt ;Plait MVP EIVE 1 111 EXHIBIT A A parcel of land located within the East half of the Northwest one - quarter of Section 13, Township 20 South, Range 65 West of the 6 Principal Meridian, County of Pueblo State of Colorado, being more particularly described as follows All of Lots 1 and 2 in Block 1 in Rancho Del Sol, Seventh Filing, according to the recorded plat thereof as filed for record in Book 2970 at Page 776 together with a parcel of land described at Reception No 1854057 being more particularly described as follows Beginning at a point at the Southeast corner of Lot 1, Block 1, Rancho Del Sol Seventh Filing, as recorded in book 2970, at Page 776, County of Pueblo records, thence along the East line of Lot 1 and Lot 2, Block 1, Rancho Del Sol Seventh Filing, N 00° 11' 27" E, a distance of 84 06 feet; thence departing said East line and along the Southerly and Westerly line of Lot 1, Block 5, College Road Shopping Center Subdivision, as recorded at Reception No 398836 County of Pueblo records, S 89 41' 03" E, a distance of 40 00 feet; thence, S 00 11' 27" W, a distance of 84 00 feet, to a point on the Northerly right of way line of Fortino Boulevard, thence along said right of way, N 89° 46' 30" W, a distance of 40 00 feet, to the Point of Beginning of this description Said parcel contains 0 36 acres more or less I, David M Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief 1 '441' 44; `\�"�a���uummuun Davi M Stravia �`�QP� MT g 4 gL 'g Colorado P L.S 12933 � , 1. V. NorthStar Engineering and Surveying, Inc April 5, 2011 12933 ys 44-11 o � JN 10 044 00 A, c cP NZ 0 F C CA. NO* 1874727 SUBD_AG 05/09/2011 01 17 31 PM Page 9 of 10 R 56 00 D 0 00 T 56 00 Gilber O rtiz Clerk /Recorder Pueblo County Co III1AfFili Nifti Qtr60fM«VI Ivii 1111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME Fotino Commons JN 1004400 DEVELOPER. RECK VENTURES LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. PASEO DEL NORTE STREETS 4" Asphalt over 9" Base Course 3 SY © $23 00 /SY = $69 Handicap Ramp 300 SF © $3 00 /SF $900 Tactile bands 2 EA © $310 00 /EA $620 WATER Service cap 1 EA © $500 00 /EA = $500 4" Asphalt over 9" Base Course 7 SY © $23 00 /SY = $161 SUBTOTAL $2,250 1874727 SUBD AG 05/09/2011 01 17 31 PM Page 1 o 1� R/ 0 00 00 • Gilbert Ortiz Clerk /Recorder 56 00 D T Pueblo County 56 Co 1111 111! SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME Fotino Commons JN 1004400 DEVELOPER. RECK VENTURES LLC ENGINEER. NORTHSTAR ENGINEERING AND SURVEYING, INC. TOTAL PROJECT: $2,250 This is an estimate only Actual construction costs may vary PREPARED BY M CUPPY FIRM NORTHSTAR ENGINEERING AND SURVEYING, INC The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and on the Plans and Specifications therefore constitute all of the public improvements required to be installed and constructed for the Subdivision Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council, (ii) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (iii) the unit prices shown hereon are the most current unit prices provided by the City of Pueblo 030 L 00 t ,/d1/r_ 14;"/ 4 - F r { ] e Professional Engineer Date •.'S /ONA1 �, is REVIEWED BY ecoa. City of Pueblo