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HomeMy WebLinkAbout08881Reception 2012466 08/06/2015 11:37:57 AM ORDINANCE NO. 8881 AN ORDINANCE APPROVING THE SOUTHERN COLORADO MEDICAL CLINIC SUBDIVISION, FILING NO. 3 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Southern Colorado Medical Clinic Subdivision, Filing No. 3, being a subdivision of land legally described as: All of Lots 7 and 8, Block 1 in Southern Colorado Medical Center, Filing No. 2 in the County of Pueblo and State of Colorado according to the recorded plat thereof as filed for record at Reception No. 1437614 in the Pueblo County records. Containing 7.697 acres, more or less attached hereto, is hereby approved. SECTION 2. 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. 2012466 ORD 08/06/2015 11:37:57 AM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 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 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. — — 1,$ ,o,co 4 c '1 r INTRODUCED: MAY 26, 2015 ;'//Ite) I / BY: Dennis Flores 4. 70 alit !. NCIL P-4ZN APPRO !13.x • PRESIDENT OF CITY COUNCIL ATTESTED BY: OR- . 1 . ITY CLERK PASSED AND APPROVED: June 8, 2015 City Clerk’s Office Item # R-2 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 26, 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 SOUTHERN COLORADO MEDICAL CLINIC SUBDIVISION, FILING NO. 3 SUBDIVISION PLAT SUMMARY: The applicant is requesting to resubdivide the two subject lots, totaling 7.7-acres, into changed building sites. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at the southeast corner of Pueblo Boulevard and US Hwy 50. The applicant is proposing to resubdivide the two subject lots, totaling 7.7 acres, into changed building sites. The proposed subdivision will facilitate a new user for the property. Typically, a lot line rearrangement would be utilized to facilitate the changed building lots; however, lot line rearrangements are only permitted for less than five (5) acres. 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 to 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 this Ordinance, the current subdivision would remain and would impede the applicant’s ability to develop the property. 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 May 13, 2015. Planning and Zoning Commission Staff Report with Exhibits Reception 2012468 08/06/2015 11:37:57 AM SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on )u11C Z. , Zo i S , between the CITY OF PUEBLO, a Municipal Corporation ("City"), and Peakview Business Campus,LLC,a Colorado Limited Liability Company ("Subdivider"). RECITALS WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit"A"; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Southern Colorado Medical Center,Filing No.3 ("Subdivision"), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the Pueblo Municipal Code; and WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code to construct and install public improvements described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Required Public Improvements"); and WHEREAS, the Required Public Improvements are generally described in the attached Exhibit"B"and shown on approved construction plans and documents on file in the office of the City's Director of Public Works("Plans and Documents"). WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is obligated to provide security or collateral sufficient in the judgement of the Director of Public Works to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the foregoing and the following mutual covenants and agreements, the City and Subdivider agree as follows: 1. Subdivider agrees within one hundred and eighty (180)days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an DPW 101 Dec.2007 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 2 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Ili flirdrilIN4145:1411749Wiaffid kik 14 Ell escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25%of such estimate plus the cost of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000') feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half(1/2)of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid-block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of Director of Public Works is based. 4. Within one hundred eighty (180)days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recent proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition,the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be a lien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six(6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. DPW 101 2 May 2009 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 3 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III III 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. 7. As a condition of approval of this Subdivision, and to meet the requirements of Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works,to totally serve specific lot(s)or block(s) for which certificates of occupancy are sought, have been properly designed, engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and the restriction on the issuance of building permits contained in Paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors, and assigns of the Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks, and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights-of-way are the sole responsibility of the Subdivider or any subsequent owner(s)of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1)year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of the Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time,the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to compete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block,the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public DPW 101 3 May 2009 shall award the prevailing party its costs and expenses, including reasonable expert witness and attorney's fees. Venue for any such litigation shall be Pueblo County, Colorado. 14. City and Subdivider have attempted by the attached Exhibit"B" and Plans and Documents to describe all Required Public Improvements to be constructed and DPW 101 4 May 2009 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 5 of 18 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III iPdP L1r2 x'10110 chili t'ii I I h I II I installed by Subdivider with respect to the Subdivision. However, if the attached Exhibit"B"and Plans and Documents fail to describe or to include, for any reason, any Required Public Improvement described and set forth in Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by City Council ("Omitted Public Improvement"), Subdivider shall not be released or discharged from Subdivider's obligation to construct and install the Omitted Public Improvement in the time and manner contained in this Agreement and Chapter 4, Title XII of the Pueblo Municipal Code. In order to determine whether or not there are Omitted Public Improvements, the following shall be applicable: (a) If the Required Public Improvements are constructed and installed within ten (10) years from the date hereof, or within a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Council and interpreted as of the date hereof shall control, unless adherence to a more recent standard does not require significant engineering modifications or major revisions to the plans and documents. For the purposes of this subsection, a major revision is defined as, but not necessarily limited to the relocation or re-alignment of any curb and gutter, sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or type of sewer mains, inlets, curb and gutter or sidewalk. (b) If the Required Public Improvements are constructed and installed after ten (10)years from the date hereof, or after a five year extension if granted in writing by the Director of Public Works, then Chapter 4, Title XII of the Pueblo Municipal Code and the standards and specifications approved by the City Coucil and interpreted as of the date the Required Public Improvements are constructed and installed shall control. (c) If Chapter 4 of Title XII and/or the standards and specifications approved by the City Council are modified or amended to conform with the requirements of federal or state law, rules or regulations prior to the construction and installation of the Required Improvements, they shall control as so modified and amended. 15. Except for guarantee and obligation to correct defects required by Section 12-4- 7(j)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to extend any obligation of the Subdivider beyond the date of written approval and accepted by the Director of Public Works of the Required Public Improvements described in attached Exhibit"B", provided, however that the obligation of the Developer to construct or install any Omitted Public Improvements will cease following two (2)years from the date of acceptance of the Required Public Improvements described in the attached Exhibit"B" by the Director of Public Works. DPW 101 5 May 2009 • 2012468 SUB AG 08/06/2015 11:37:57 AM • Page: 6 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co SII IIMMIelittli4ilni iNV rfilirlhhiq.Li I III 16. All Required Public Improvements shall be constructed and installed in compliance with all applicable standards and specifications approved by City Council. 17. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and signed by all parties. 18. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Peak View Business Campus, LLC, a Colorado Limited Liability Company by Outlook Development,LLC,a Colorado Limited Liability Company,its Manager O 1'"`�-t<i:N oTARPU8��CK Subdivide Z/7. /, (SEAL) STATE OF COLORAID 201 7761,6;9312017 :3 B ���% °yd9 MY COMMISNOTARSION EXPIRESO7n91201 y: Thomas C. Cone, Manager of Outlook Development, LLC By: The foregoing instrument was acknowledged before me on �u.vz 2, • , Lc IS , by •- 0074s c- Go,-)6. , Subdivider. My commission - tz.• .=: /7 / ' •4 Ckt \ 9.4-; ‘4\ '�' IIA� /� Notary Public ( kA'///4474 � CITY OF P 1 'urn s'',.1 Corporation .►�*i������! -16- `�'°4, hiiiiilliilt, By '..._____- Ili"- cb �x,�� 'resident of City Council AT ST: !�qyE . ,.,;: City l Jerk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a P day of , a 0)S- by S en G •Wq Lorca) , as Presid t of City Council, and g.•j rt, Du.-},C,he r as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. DPW 101 6 May 2009 • 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 7 of 10 R 56.00 0 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III PirinINFINA1111111171117110111411111111111INIMIA1141 III M commission expires: /a •as • /7 CINDY J. CAPRITTA NOTARY PUBLIC r S T,QTE OF COLORADO ota Public MY COMl1ISRY MISS 0 EXPPIIRES�DECE BER 94017 APPROVED A-S TO FORM: L�/" �l/A G . -City Attorney Y DPW 101 7 May 2009 ------------------ 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 8 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Ash I II EXHIBIT A LAND DESCRIPTION All of Lots 7 and 8, Block 1 in Southern Colorado Medical Center, Filing No. 3 in the County of Pueblo and State of Colorado according to the recorded plat thereof as filed for record at Reception No. 1437614 in the Pueblo County records. Containing 7.697 acres, more or less 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 90 of 1 R 56.00 Dr 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III Prriltilal ti�ttlar iliNgi' FIitP' �FOn kb411141 i SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 3 DEVELOPER: Peak View Business Campus, LLC ENGINEER: NorthStar Engineering and Surveying, Inc. LOT 7 STREETS (PARKER BOULEVARD) Asphalt Patch (8" Full Depth) 25 SY @ $28.50/SY = $713 WATER 1"Services(80' ROW) 1 EA @ $800.00/EA = $800 SANITARY SEWER 6" Services(80' ROW) 1 EA @ $1,400.00/EA = $1,400 TOTAL $2,913 LOT 8 STREETS(PARKER BOULEVARD) Asphalt Patch (8" Full Depth) 25 SY @ $28.50/SY = $713 WATER 1"Services(80' ROW) 1 EA @ $800.00/EA = $800 SANITARY SEWER 6"Services(80' ROW) 1 EA @ $1,400.00/EA = $1,400 TOTAL $2,913 Page 1 of 2 • 2012468 SUB AG 08/06/2015 11:37:57 AM Page: 10 of I0 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co NMI*:aff:111VIIMAIR1114111riliMiyi, 11111 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT"B" SUBDIVISION NAME: Southern Colorado Medical Center, Filing No. 3 DEVELOPER: Peak View Business Campus, LLC ENGINEER: NorthStar Engineering and Surveying, Inc. GRAND TOTAL $5,825 This is an estimate only. Actual construction costs may vary. This estimate may not include all construction costs. PREPARED BY: MLC FIRM: NorthStar Engineering and Surveying, Inc. The undersigned hereby certifies that(i)the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Impr• ;,,:•,< d (ii)the unit prices shown hereon are the most current unit prices p "�,,, 1• *sU.ef Pueblo. 1 • • ! 'PQs �1 �z Zis" e� 40 4 Pre essk nal . gineer Date ,o/,.• ••. c�r r 4/ko fig. City of eblo Page 2 of 2