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HomeMy WebLinkAbout08701Reception 1973265 04/25/2014 09:35:00 AM ORDINANCE NO. 8701 AN ORDINANCE APPROVING THE BELMONT ziiie APARTMENTS SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: amo mN SECTION 1. „,�� .. m a0e m m The final plat of the Belmont Apartments Subdivision, being a subdivision land legally described as: Nm N 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 N..�� M W 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. 2 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 m — SECTION 4. :6q NN m"' ,— 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 III K! R 1���®i SIM 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 is m ` /� ` , y c ky,,,,,,. , J ; Ami Nawrocki COUN IL PERSON I»t -. \ _ APPROVE I J /0 / At iA ± P OF CITY CO CIL .. 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. strd 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.