HomeMy WebLinkAbout08701Reception 1973265
04/25/2014 09:35:00 AM ORDINANCE NO. 8701
AN ORDINANCE APPROVING THE BELMONT
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APARTMENTS SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: amo
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SECTION 1. „,��
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The final plat of the Belmont Apartments Subdivision, being a subdivision
land legally described as: Nm
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A resubdivision of a portion of Lot 1, Block 401 in Belmont Forty -First gm v=
Filing and a portion of Lot 10, Block 401 in Belmont Forty -Third Filing in vN
the County of Pueblo and State of Colorado and being more particularly ° o
described as follows: 0 " 5
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Considering the south line of Lot 1, Block 401 in Belmont Forty -First Filing
to bear S.87 °54'55' W. and all bearings contained herein being relative
thereto.
Beginning at the southwest corner of Lot 1, Block 401 in Belmont Forty -
First Filing, thence N.02 °08'00 "W. a distance of 548.53' to the northwest
corner of Lot 10, Block 401 in Belmont Forty -Third Filing; thence
N.87 °50'56 "E. a distance of 215.41'; thence easterly along the arc of a
curve to the left whose radius is 268.97', a distance of 175.89'; thence
S.39 °24'37 "E. a distance of 242.69'; thence N.57 °21'26 "E. a distance of
57.66'; thence S.32 °44'25 "E. a distance of 64.77'; thence N.57 °38'33 "E. a
distance of 34.65'; thence S.32 °38'11 "E. a distance of 125.00'; thence
S.57 °21'49 "W. a distance of 115.00'; thence southerly along the arc of a
curve to the left whose center bears N.66 °32'47 "E. and whose radius is
415.00', a distance of 9.61'; thence S.27 °52'32 "W., a distance of 263.06';
thence westerly along the arc of a curve to the left whose center bears
S.02 °18'16 "W. and whose radius is 249.63', a distance of 18.61'; thence
S.87 °54'55 "W. a distance of 456.51' to the southwest corner of Lot 1,
Block 401 in Belmont Forty -First Filing and the point of beginning.
Containing 7.20 acres, more or less
attached hereto, is hereby approved.
SECTION 2.
The subdivision is approved with the following conditions:
1. Provide easements surrounding each of the water meter locations. These
easements shall extend from the adjacent property line and incorporate a minimum
area of 5' on either side of the meter and 5' beyond the meter.
2. Prior to recording of the plat, provide accurate records showing the on -site water
system to the Board of Water Works.
SECTION 3.
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The acceptance of such dedicated streets, rights -of -way, utility and drainage a �
easements, public sites, parks and open spaces by the City does not obligate the City to am;
maintain or repair same until such streets, rights -of -way, utility and drainage easements, mNO
public sites, parks and open spaces have been constructed and installed in compliance Mm
and in accordance with the requirements and provisions of Chapter 4, Title XII of the mmaA
Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. :Zi
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SECTION 4. :6q
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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 o
regard to the enforcement or nonenforcement of this Ordinance or the City's Subdivision E N -%
Ordinances and regulations. No person, firm, corporation or other entity shall have any F
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.
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,
1973265 ORD 04/25/2014 09:35:00 AM
Page: 3 2 1.00 D 0.00 T 21.00
Gilbert O rt of iz 3 Clerk / Recorder, Pueblo County Co
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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.
' � �F o 4. 4 , • � ° 'to y INTRODUCED: JANUARY 27, 2014
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COUN IL PERSON
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ATTESTED BY:
ITY CLERK
PASSED AND APPROVED: February 10. 2014
Background Paper for Proposed
ORDINANCE
DATE: JANUARY 27, 2014 AGENDA ITEM # R-6
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
STEVEN MEIER, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE BELMONT APARTMENTS SUBDIVISION PLAT
ISSUE
Should City Council approve the request to resubdivide the 7.2-acre (313,632 square
foot) property into one (1) lot?
RECOMMENDATION
The Planning and Zoning Commission, at their December 11, 2013 Regular Meeting
voted 6-0 to recommend approval of the subdivision, with Commissioner Eslinger
absent and with the following conditions:
1. Provide easements surrounding each of the water meter locations. These
easements shall extend from the adjacent property line and incorporate a minimum
area of 5’ on either side of the meter and 5’ beyond the meter.
2. Prior to recording of the plat, provide accurate records showing the on-site water
system to the Board of Water Works.
BACKGROUND
The subject property is located between Montebello Road and Bonnymede Road, east
of Jerry Murphy Road. The applicant is proposing to resubdivide the 7.2-acre parcel of
land into one (1) lot, as is required by the property’s financial underwriters. The
underwriters are requiring a cleanup of the existing lot lines. The subdivision will
combine three (3) existing parcels into one (1) subdivided lot.
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The property was originally a part of the Belmont 41 and 43 filings, which were
subdivided in 1970 and 1971, respectively. In 1977, the surrounding properties were
resubdivided, leaving the three (3) remnant parcels that make up the existing property.
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.