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Home My WebLink About08640Reception # 1978212 06/25/2014 3:38 PM ORDINANCE NO. 8640 AN ORDINANCE APPROVING THE BOWEN'S SUBDIVISION PLAT o U BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: E:C CL - o = HtOU® SECTION 1. Q O- co 0.0 r10 a j The final plat of Bowen's Subdivision, being a subdivision of land legally M ovg described as: Nm South 209 ft. of the North 418 ft. of Lot 2, Ormandale, except that portion "W4-ff: described in Deed Recorded March 17, 1950 in Book 1117 at Page 535Z; -= and except the West 15 ft. for road purposes described in Deed Recorded ow: September 2, 1965 in Book 1577 at Page 59, County of Pueblo, State of ozja - :n Colorado. to attached hereto, is hereby approved. SECTION 2. The subdivision is approved with the following conditions: 1. The house reserved for the watchman or caretaker will require a Special Use Permit from the Zoning Board of Appeals and the resident must be employed by the storage company. (Must be obtained prior to occupancy.) 2. A landscape buffer will be required along the southern property line adjacent to the apartments. (Prior to issuing building permit.) 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 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. T1T ^1 1 A ATT INTRODUCED: September 23, 2013 BY: Chris \ COUNCI F' RSON APPRO PRESIDENT OF CITY COUN L PASSED AND APPROVED: ortnher 15, 2013 1- o 0. • IO O N •+ Ute-® ago` Ma; M L ao mm `o N 61 O m O N ;& 0' _ — O L C4Nco d m — DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR 1111111114 AN ORDINANCE APPROVING THE BOWEN'S SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide of a portion of Lot 2, Ormandale Subdivision into two (2) lots to facilitate potential construction and development of a storage facility? RECOMMENDATION The Planning and Zoning Commission, at their August 14, 2013 Regular Meeting, voted 7-0 to recommend approval with the following conditions: 1. The house reserved for the watchman or caretaker will require a Special Use Permit from the Zoning Board of Appeals and the resident must be employed by the storage company. (Must be obtained prior to occupancy.) 2. A landscape buffer will be required along the southern property line adjacent to the apartments. (Prior to issuing building permit.) BACKGROUND The subject property is located near the intersection of Lakeview Avenue and Acero Avenue. The applicant is proposing to resubdivide a single lot into two (2) lots, to facilitate potential construction and development of a storage facility. Specifics of the structure have not been submitted as part of the subdivision, but will be required to be submitted for review and approval by the Department of Planning and Community Development, prior to a building permit being issued. FINANCIAL IMPACT The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this lot will, like other developments, require a higher level of City services (police, fire, etc.) than currently is provided.