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Home My WebLink About08610Reception 1979997 07/17/2014 09:36:48 AM ORDINANCE NO. 8610 AN ORDINANCE APPROVING THE EAST SIDE LIBRARY SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the East Side Library Subdivision, being a subdivision of land legally described as: A PORTION OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 20 SOUTH, RANGE 64 WEST,OF THE 6TH PRINCIPAL MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOTS 27 THROUGH 34, BLOCK 121, FLETCHER HILL ADDITION, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, AS RECORDED UNDER BOOK 3, PAGE 26 OF THE RECORDS OF PUEBLO COUNTY. CONTAINING A CALCULATED AREA OF 23,963 SQ. FEET, OR 0.550 ACRES. attached hereto, is hereby approved. SECTION 2. The subdivision is approved with the following conditions: 1. All overhead electric lines, under 30kV must be undergrounded. The cost of this shall be included in the Subdivision Improvement Agreement prior to recording of the subdivision. 2. Show the size and location of all existing sanitary sewer service lines on the Supplemental Plan prior to recording of the subdivision. 3. Old, existing service lines and taps located in East 7th Street and in North Monument Avenue shall have the corporation stops shut off at the water main, prior to issuance of a building permit, as per the Board of Water Works. 4. Prior to issuance of a building permit, identify on the drainage plan, the stabilization material, culvert for the pedestrian crossing at the Rain Garden Pond, and flowfill of the outfall pipe in the right-of-way. Provide a digital copy of the Preliminary Drainage Plan as per the Stormwater Department. 1979997 ORD 07/17/2014 09:36:48 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iii IA!'WAIN I�, 11111 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. 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 1979997 ORD 07/17/2014 09:36:48 AM Page: 3 of 3 R 21.00 De 0.00 T Co21.00 Gilbert Ortiz Clerk/Recorder, Pueblo unty, Co ®III kilifiElkirglinalIN 101rill6 ikli L IVII It 111 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. -vow), co INTRODUCED: JUNE 24, 2013 ' , �/�� GBY: Chris Kaufman /Iiiii l ✓y e , RSON 0.1117 DLR - -j.AO2 n .J 1 __�11— QA° APPROV I. 4i4`U` _J -PR SIDENT OF CITY COUNCIL Ir, ATTESTED BY: TY CLERK PASSED AND APPROVED: July 8, 2013 Background Paper for Proposed ORDINANCE DATE: JUNE 24, 2013 AGENDA ITEM # R-6 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING THE EAST SIDE LIBRARY SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide the .55-acre (23,958 square foot) property into one lot, to facilitate the construction of the East Side Library? RECOMMENDATION The Planning and Zoning Commission, at their April 10, 2013 Regular Meeting, voted 5-0 to recommend approval with the following conditions: 1. All overhead electric lines, under 30kV must be undergrounded. The cost of this shall be included in the Subdivision Improvement Agreement prior to recording of the subdivision. 2. Show the size and location of all existing sanitary sewer service lines on the Supplemental Plan prior to recording of the subdivision. th 3. Old, existing service lines and taps located in East 7 Street and in North Monument Avenue shall have the corporation stops shut off at the water main, prior to issuance of a building permit, as per the Board of Water Works. 4. Prior to issuance of a building permit, identify on the drainage plan, the stabilization material, culvert for the pedestrian crossing at the Rain Garden Pond, and flowfill of the outfall pipe in the right-of-way. Provide a digital copy of the Preliminary Drainage Plan as per the Stormwater Department. BACKGROUND th The subject property is located at the northwest corner of East 7 Street and Monument Avenue. The applicant is proposing to resubdivide a .55-acre parcel of land into one lot, to facilitate the construction of the East Side Library. Specifics of the structure have not been submitted as part of the rezoning project, but will be required to be submitted for review and approval by the Planning and Zoning Commission, prior to a building permit being issued. FINANCIAL IMPACT None.