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HomeMy WebLinkAbout08449Reception 1898884 02/14/2012 08:26:58 AM ORDINANCE NO. t 449 AN ORDINANCE APPROVING THE PUEBLO COUNTY JUDICIAL PLAZA SUBDIVISION PLAT 8 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. ; Nm 2 The final plat of the Pueblo Country Judicial Plaza Subdivision, being a subdivision Nm of land legally described as: mm N m A parcel of land lying in the northeast quarter (NE1 /4) of Section 36, N mm " Township 20 South, Range 65 West, of the 6th Principal Meridian, County of � " \ Y Pueblo, State of Colorado, being a portion of State Addition to the City of m Pueblo, Pueblo County Records, described as follows: N o �� 0 L All of Block 18, including the vacated alley thereof; 0 m = Together with; All of Block 19, including the vacated alley thereof; Together with; Vacated 5 Street lying between Blocks 18 and 19; All in said State Addition to the City of Pueblo; Said parcel contains 208,670 square feet (4.790 acres), more or less. attached hereto, is hereby approved. SECTION 2. The Subdivision is approved with the following conditions: 1. Place a note on the plat that indicates the Lot Two provides parking and access to Lot One. 2. Because the site is being allowed to consider on- street parking in the supply of parking for the site the City is requiring the subdivision developer to be financially responsible for improving the handicap accessibility for crossing roadways in the adjacent area as required off -site improvements. Specifically the subdivision developer is responsible for the reconstruction of all curb ramps and concrete crosswalks at the following locations: 4th & Elizabeth, 4th & West, 5th & Elizabeth, 6th & Elizabeth and 6th & West. 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. 1898884 ORD 02/14/2012 08:28:58 AM Page 20 2 R 0.00 D 0 T 0 .00 Gilber rtiz of ClerklRecorder, Pueblo County, Co SECTION 4. 1111141111,118\9144 It Mi. MAIM 11111 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. This Ordinance shall be approved and effective upon final passage, provided, however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal Code and with the subdivision requirements of the City with such modifications, if any, approved by City Council, and has been filed with and approved by the Director of Public Works, (b) the conditions of Section 2 have been agreed to in writing by the subdivision developer, and (c) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. All information, documents, drawings and profiles required by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with the subdivision plat, except that the filing and approval of required detailed plans and profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off -site easement, covenants or subdivision improvements agreement, described in a written instrument mutually acceptable to the subdivider and the Director of Public Works may be deferred for up to one (1) year from the date the final subdivision plat is approved by ordinance adopted by the City Council (the "Deferred Filings "). If a complete set of such Deferred Filings are for any reason not filed with and approved by the Director of Public Works within said one -year period, the ordinance conditionally approving the final subdivision plat may be rescinded and repealed by Ordinance adopted by City Council not sooner than thirty (30) days after written notice of such deficiency is given to the subdivision developer. No vested rights shall accrue to the subdivision or be acquired until such Deferred Filings are approved by the Director of Public Works and recorded in the office of the Pueblo County Clerk and Recorder. , w.c //cf- l t o INTRODUCED: Fabrua 1 Y�1{ \ l / , ', '4 X19 `, `k`` l � BY: Judy WP aver C ., re n... ;..,, COU CIL PE . •N .,„.-01==c ��..: APPROVED: .L.. •. ,0 P SI► N OF ITY COUNCIL ATTESTED BY: , CITY CLERK PASSED AND APPROVED: February 13, 2012 Background Paper for Proposed ORDINANCE DATE: FEBRUARY 6, 2012 AGENDA ITEM # R-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PUEBLO COUNTY JUDICIAL PLAZA SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide the 4.48-acre property into two (2) thth lots generally located between 4, 6, West, and Elizabeth Streets? RECOMMENDATION The Planning and Zoning Commission, at their November 9, 2011 Regular Meeting, voted 5-0 to recommend approval with the following conditions: 1. Place a note on the plat that indicates the Lot Two provides parking and access to Lot One. 2. Because the site is being allowed to consider on-street parking in the supply of parking for the site the City is requiring the project to be financially responsible for improving the handicap accessibility for crossing roadways in the adjacent area. Specifically the Project is responsible for the reconstruction of all curb ramps and concrete crosswalks at the following locations: 4th & Elizabeth, 4th & West, 5th & Elizabeth, 6th & Elizabeth and 6th & West. BACKGROUND The applicant is proposing to resubdivide a 4.48-acre parcel of land into two (2) government use lots to facilitate the construction of the Pueblo County Judicial Building. thth The property sits directly south of 6 Street, east of West Street, north of 4 Street, and west of Elizabeth Street. The project site was originally platted in 1878 as multiple 25 foot wide lots within Blocks 18 and 19 as the State Addition to Pueblo. Over time some of the lots were consolidated to create multiple building sites and properties. In addition, portions of the th alleys and 5 Street were vacated. In 2007 the 100-year-old Pueblo Cold Storage, located at the northeast corner of the property, caught fire causing the building to be completely demolished. In October 2010 the Certificate of Designation, which designated the contaminated building ruin a solid waste disposal site, allowed the County to cap the site with dirt and pave it in accordance with the Operating Plan and associated modifications. In May 2011 the County received approval and acceptance of closure of the solid waste disposal site from Colorado Department of Public Health and Environment (CDPHE). In addition, an Environmental Covenant was submitted to CDPHE in September 2011 along with Design and Operating Plan modifications for construction of the surface parking lot and appurtenances. At this time, both the County and City are waiting for approval letters from CDPHE. In 2009 the Bingo Palace building, located at the southwest corner of the property, was demolished leaving the site completely vacant to make way for the County Judicial Building. The proposed subdivision will create two (2) separate lots; however, only Lot 1 will be a buildable lot. Lot 2 is the Certificate of Designation area and is restricted on the Subdivision Plat for use as a surface parking lot and associated site appurtenances for use of Lot 1. Additional restrictions for Lot 2, prohibiting the breaching of the cap and limiting the potential exposure of waste, have been defined on the Plat. Pueblo County is financing this project with bonds that require the subdivision plat to be recorded prior to their purchase on February 14, 2012. To meet the County’s timeline a provision has been added to the Ordinance to allow the approval and recording of the plat prior to the completion of other required documents. FINANCIAL IMPACT None.