HomeMy WebLinkAbout08577Reception 1951739
08/07/2013 02:26:42 PM
ORDINANCE NO. 8577
AN ORDINANCE APPROVING THE PUEBLO
COUNTY EMERGENCY SERVICES CENTER
SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Pueblo County Emergency Services Center Subdivision,
being a subdivision of land legally described as:
A portion of land located within the southwest one - quarter of Section 30,
Township 20 South, Range 65 West, and the southeast one - quarter of
Section 25, Township 20 South, Range 64 West, of the 6 Principal
Meridian, County of Pueblo, State of Colorado, being more particularly
described as:
All of Block 4, Amended Plat of County Addition to the City of Pueblo,
together with the vacated alleys within said Block 4.
Said Parcel Contains 2.07 acres more or less.
attached hereto, is hereby approved.
SECTION 2.
The subdivision is approved with the following conditions:
1. Construction and post- construction Water Quality Best Management Practices must
be incorporated into the site design. Submit a SWMP clearly indicating the type,
size, and location of said Best Management Practices prior to the issuance of a
building permit.
2. Submit documentation to substantiate the 70% impervious area parameter.
3. Obtain a Construction Permit as required from the CDPHE prior to the issuance of a
building permit.
4. The fire hydrant at the Southwest corner of 11th and Santa Fe shall be relocated.
Location must be approved prior to the issuance of a building permit.
5. Any existing water meters which are not used for the new facility shall be removed
and the corporation stop for each service line shut off prior to the issuance of a
Certificate of Occupancy.
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6. The Certification by the City Clerk is incorrect. Use the current language found in
the subdivision manual.
7. Comcast has an aerial plant on the North side of Santa Fe crossing Santa Fe
running along 11 Street and down into this property to service 1001 and 1028
respectively. If poles are not being removed, Comcast does not have any concerns.
If poles are being removed, a joint trench shall be provided for Comcast. This
condition shall be addressed prior to the issuance of a Certificate of Occupancy.
8. Dedicate a pedestrian easement on the plat or by separate document if the sidewalk
encroaches into private property as it appears on the site plan.
9. All public improvements shall be designed by a civil engineer and included on the
Part 11 plans.
10. The pole for the overhead electrical line shall be black.
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.
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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.
INTRODUCED: FEBRUARY 11, 2013
a BY: Chris Kaufma
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!!1���'i • , '" APPROVED _ -rte
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ATTESTED BY:I __ _ _ _ �_ • .
ITY CLERK
PASSED AND APPROVED: February 25, 2013
Background Paper for Proposed
ORDINANCE
DATE: FEBRUARY 11, 2013 AGENDA ITEM # R-3
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JULIE ANN WOODS, AICP/ASLA, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE PUEBLO COUNTY EMERGENCY SERVICES
CENTER SUBDIVISION PLAT
ISSUE
Should City Council approve the request to resubdivide the 2.07-acre (90,169.2 square
foot) property into one (1) lot?
RECOMMENDATION
The Planning and Zoning Commission, at their December 12, 2012 Regular Meeting,
voted 4-0-1 to recommend approval with the following conditions:
1. Construction and post-construction Water Quality Best Management Practices must
be incorporated into the site design. Submit a SWMP clearly indicating the type,
size, and location of said Best Management Practices prior to the issuance of a
building permit.
2. Submit documentation to substantiate the 70% impervious area parameter.
3. Obtain a Construction Permit as required from the CDPHE prior to the issuance of a
building permit.
4. The fire hydrant at the Southwest corner of 11th and Santa Fe shall be relocated.
Location must be approved prior to the issuance of a building permit.
5. Any existing water meters which are not used for the new facility shall be removed
and the corporation stop for each service line shut off prior to the issuance of a
Certificate of Occupancy.
6. The Certification by the City Clerk is incorrect. Use the current language found in
the subdivision manual.
7. Comcast has an aerial plant on the North side of Santa Fe crossing Santa Fe
th
running along 11 Street and down into this property to service 1001 and 1028
respectively. If poles are not being removed, Comcast does not have any concerns.
If poles are being removed, a joint trench shall be provided for Comcast. This
condition shall be addressed prior to the issuance of a Certificate of Occupancy.
8. Dedicate a pedestrian easement on the plat or by separate document if the sidewalk
encroaches into private property as it appears on the site plan.
9. All public improvements shall be designed by a civil engineer and included on the
Part II plans.
10. The pole for the overhead electrical line shall be black.
BACKGROUND
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The subject property is located in Downtown Pueblo, north of 10 Street and the
Pueblo City-County Health Department, east of Main Street and the Pueblo County
th
Courthouse, south of 11 Street, and west of Santa Fe Avenue. The applicant is
proposing to resubdivide a 2.07-acre parcel of land into one (1) lot, to facilitate the
construction of the Pueblo County Emergency Services Center (ESC).
FINANCIAL IMPACT
None.