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Home My WebLink About08658ORDINANCE NO. 8658 AN ORDINANCE APPROVING THE JBC SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the JBC Subdivision, being a subdivision of land legally described as: THE EAST ONE-HALF OF BLOCK 108; ALL OF BLOCK 109 AND BLOCK 124, WILEY'S PARK HEIGHTS, LYING NORTH OF THE U.S. HIGHWAY 50 RIGHT-OF-WAY, AS PRESENTLY LOCATED, AND CERTAIN VACATED STREETS AND ALLEYS ADJACENT HERETO, LESS PORTION DEEDED TO HIGHWAY, COUNTY OF PUEBLO, STATE OF COLORADO. CONTAINING A CALCULATED AREA OF 372, 925 SQUARE FEET, OR 8.561 ACRES AND THE SOUTHWEST ¼ OF THE NORTHWEST ¼ OF SECTION 14, TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE 6TH P.M., DESCRIBED HEREON AS PARCEL A AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14; THENCE S S01°10'00”E, ON THE WEST LINE OF SAID SECTION 14, A DISTANCE OF 1316.04 FEET TO THE SOUTHWEST CORNER OF CRESTVIEW HILLS FILING NO. 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N88°54'18”E, ON SAID CRESTVIEW HILLS FILING NO. 1, A DISTANCE OF 362.83 FEET; THENCE S01°08'20”E, A DISTANCE OF 328.63 FEET TO THE NORTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 50; THENCE, ON SAID NORTHERLY RIGHT-OF-WAY, THE FOLLOWING TWO COURSES: 1. N79°28'26”W, A DISTANCE OF 181.76 FEET; 2. N67°59'22”W, A DISTANCE OF 200.90 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 14; THENCE N01°10'00”W, ON SAID WEST LINE OF SECTION 14, A DISTANCE OF 213.18 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 101,911 SQUARE FEET, OR 2.340 ACRES attached hereto, is hereby approved. SECTION 2. The subdivision is approved with the condition that the applicant provide all public improvements, including those required with the CDOT access permit, and undergrounding the overhead electric in the Subdivision Improvement Agreement (SIA), Part B. 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-l0-l0l, 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of the Ordinance to effectuate the policies and procedures described herein. SECTION 6. 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: October 28, 2013 BY: Ami Nawrocki PASSED AND APPROVED: November 11, 2013 Background Paper for Proposed ORDINANCE DATE: OCTOBER 28, 2013 AGENDA ITEM # R-7 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE AN ORDINANCE APPROVING THE JBC SUBDIVISION PLAT ISSUE Should City Council approve the request to resubdivide the 7.35-acre (189,486 square foot) property into three (3) lots, to facilitate the development of a car dealership, office along Highway 50, and mini-storage and covered outdoor storage? RECOMMENDATION The Planning and Zoning Commission, at their September 11, 2013 Regular Meeting, voted 5-0-1 to recommend approval of the subdivision, with Commissioner Kaufman absent and Commissioner Eslinger abstaining, with the condition that the applicant provide all public improvements, including those required with the CDOT access permit, and undergrounding the overhead electric in the Subdivision Improvement Agreement (SIA), Part B. BACKGROUND The subject property is located north of U.S. Highway 50, between the railroad tracks and residential properties located on Crestview Drive. The property has frontage along Highway 50 and Newcastle Drive. The majority of the property was previously subdivided in the 1800s and was annexed into the City of Pueblo in 1973. The applicant is proposing to subdivide the 7.35-acre property into three (3) lots, to facilitate the development of a car dealership and office along Highway 50, a mini-storage and covered outdoor storage to the north. The applicant has also submitted a request to rezone the property to PUD. FINANCIAL IMPACT The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of this property will, like other developments, require a higher level of City services (police, fire, etc.) than currently is provided to the vacant land parcel.