HomeMy WebLinkAbout08864Reception 2014213
08/26/2015 10:30:00 AM
ORDINANCE NO. 8864
AN ORDINANCE APPROVING THE PUEBLO FIRE
STATION NO. 4, FILING NO. 2 SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Pueblo Fire Station No. 4, Filing No. 2 Subdivision, being a
subdivision of land legally described as:
A parcel of land located in Sections 11,12,13, and 14, Township 21 South,
Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado, being more particularly described as follows:
Considering the line between the monuments found at the intersection of
Indiana Avenue and Wyoming Avenue said monument being a brass tack
in a lead plug within a cast iron range box to the monument found easterly
at the intersection of Indiana Avenue and Oakland Avenue said monument
being a brass tack in a lead plug within a cast iron range box to bear N 90°
00' 00" W with all bearings contained herein being relative thereto.
Commencing at said monument found at the intersection of Indiana
Avenue and Wyoming Avenue; thence S 50° 02' 48" W a distance of
708.66 feet to the Point of Beginning; thence
S 17° 23' 34" W a distance of 21.20 feet; thence along an arc of a curve to
the left whose radius is 1472.00 feet and whose center bears S 72° 36'
26" E a distance of 85.45 feet; thence along an arc of a curve to the right
whose radius is 1262.70 feet and whose center bears
N 64° 30' 59" W a distance of 164.31 feet; thence S 26° 29' 00" W a
distance of 13.68 feet; thence S 38° 47' 05" W a distance of 19.03 feet;
thence along an arc of a curve to the right whose radius is 1262.70 feet
and whose center bears N 55° 31' 05" W a distance of 189.59 feet; thence
S 38° 47' 00" W a distance of 297.57 feet; thence S 40° 29' 00" W a
distance of 60.90 feet; thence N 42° 50' 00" W a distance of 50.60 feet;
thence N 28° 53' 00" E. a distance of 119.50 feet; thence N 00° 20' 00" E a
distance of 102.00 feet; thence N 19° 24' 00" E a distance of 71.80 feet;
thence N 80° 23' 00" E a distance of 53.80 feet; thence N 22° 12' 00" E a
distance of 160.80 feet; thence N 20° 03' 00" E a distance of 227.00 feet,
thence N 22° 37' 00" E a distance of 85 feet; thence S 72° 43' 04" E a
distance of 209.60 feet more or less to the Point of Beginning.
Said parcel contains 2.87 acres, more or less.
attached hereto, is hereby approved.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
SECTION 2. III EI" 9' J 9Il ' 111111 'r 11111
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 3.
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 4.
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 5.
This Ordinance shall be approved and effective upon final passage, provided,
however, that (a) 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 and (b) 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
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Gilbert Ortiz ClerklRecorder, Pueblo County, Co
liI ralirBilkiliglareld6111VIIIAIRMIN1"'MIN, NI III
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. 4 Lo,0INTRODUCED: APRIL 27, 2015
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k\`r' BY: Dennis Flores
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PRE ‘117.7.—OF CITY COUNCIL
ATTESTED BY:
iTY CLERK
PASSED AND APPROVED: May 11, 2015
City Clerk’s Office Item # R-2
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
April 27, 2015
TO: President Stephan G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE PUEBLO FIRE STATION NO. 4,
FILING NO. 2 SUBDIVISION PLAT
SUMMARY:
The applicant is requesting to resubdivide the Pueblo Fire Station No. 4 Subdivision into
two lots to facilitate development by the Pueblo Urban Renewal Authority.
PREVIOUS COUNCIL ACTION:
Resolution No. 12172, June 13, 2011, approved a Contract to Buy and Sell Real Estate
between the City of Pueblo and the Pueblo Urban Renewal Authority.
Resolution No. 13068, October 14, 2014, approved Amendment No. 1 to a Contract to
Buy and Sell Real Estate between the City of Pueblo and the Pueblo Urban Renewal
Authority.
BACKGROUND:
The City of Pueblo is proposing to resubdivide the 3.06-acre Fire Station No. 4 -
Subdivision into two lots to facilitate development by the Pueblo Urban Renewal
Authority. In 2011 the Pueblo Urban Renewal Authority purchased the southern 1.17-
acres of land, within the Fire Station No. 4 Subdivision, with the condition that the City
resubdivide the land to provide a conveyable parcel. This subdivision fulfills the
requirements within the June 13, 2011 Contract to Buy and Sell Real Estate, as
Amended in Resolution No. 13068.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any immediate financial impact to the
City. However, build out of this lot will require a higher level of City services (police, fire,
etc.) than currently is provided for the vacant land parcel.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 8, 2015 Regular Meeting, voted 4-0
with Commissioners Kaufman, Latka, and Lucas absent, to recommend approval.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
ALTERNATIVES:
If City Council does not approve the Ordinance, the current subdivision would remain
and would impede the owner’s ability to develop the parcel. Additionally, the City would
be in violation of provisions contained within the Contract to Buy and Sell Real Estate
between the City of Pueblo and the Pueblo Urban Renewal Authority.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
Attachments: Minutes of the Planning and Zoning Commission April 8, 2015
Public Hearing
Memorandum from the Department of Public Works Dated April 10,
2015.
Planning and Zoning Commission Staff Report with Exhibits