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HomeMy WebLinkAbout08983Reception 2043661 07/27/2016 03:01:03 PM ORDINANCE NO. 8983 AN ORDINANCE APPROVING THE PUEBLO CROSSING, FILING NO. 3 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pueblo Crossing, Filing No. 3, being a subdivision of land legally m U described as: ZED-gni: All of Lot 1 in Pueblo Crossing, Filing No. 2 in the County of Pueblo and State ofMma -511 Colorado according to the recorded plat thereof as filed for record at Reception Co - mos No. 1705314 in the Pueblo County records. mm o Nmnc( C.(4))Containing 11.51 acres, more or less ocEl nix15— is attached hereto and hereby approved. All dedicated streets, utility and drainage easements, o N -11 rights-of-way and land set aside for public sites, parks and open spaces shown and dedicated on said plat are hereby accepted for public use. tO tom° SECTION 2. Namitem— 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. 2043661 ORD 07/27/2016 03:01:03 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz C1erk/Recorder, Pueblo County, co SECTION 5. EDI PIIMATIMAIIVIMIMIIICIAND'aegIkliiiki II III The subdivision is approved with the following conditions: 1. Development on all of the lots must occur so that the emphasis is not placed upon the parking area, but the commercial uses themselves; therefore, a maximum of 50% of the parking may be located in between the building and Elizabeth Street. To be completed at the time of building permit. 2. Development on Lots 2 and 3, must address full site architecture and planning. Including but not limited to, providing 360 architecture, placing utilities on the facades that do not face the street, providing elements on the street facing side of the building so that it does not appear to be the "back" of the building, etc. To be completed at the time of building permit. SECTION 6. 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, (b)the conditions of Section 5 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 - and Recorder. o4-$ 'to at ‘ INTRODUCED: MARCH 14, 2016 tif as.i;A":i r*, A\ • I1CILPERS 449:12311193311� eV 4, Milliallilill A° APPRO ' D: —_ °�, 7 / ' ` i NT OFCITYCOUN ' L ATTESTED BY: _� ‘-._• A • CITY CLERK PASSED AND APPROVED: March 28, 2016 City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: March 14, 2016 TO: President Stephen 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 CROSSING, FILING NO. 3 SUBDIVISION PLAT SUMMARY: The applicant is requesting to re-subdivide the subject lot, containing approximately 11.5 acres, into 4 lots. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located west of North Elizabeth, and approximately 800 feet to the south of Dillon Drive. The applicant is proposing to resubdivide the subject lot, totaling 11.5 acres, into four (4) building sites. Lot 1 is planned for a large anchor store, Lots 2 and 3 will be pad sites for future development and Lot 4 will likely be combined with the property to the north in the future for future development. In general, the proposed subdivision complies with the subdivision requirements; however, care needs to be taken with the sites as they relate the visibility from Elizabeth Street, I-25 and the new Dillon interchange. Staff is recommending several conditions of approval to ensure that future development on the new lots are done with visibility of the site, and the requirements outlined in the Comprehensive Plan Compliance section below. 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 February 10, 2016 Regular Meeting, voted 6-0 with Commissioner Castelucci absent, to recommend approval with the following conditions: 1. Development on all of the lots must occur so that the emphasis is not placed upon the parking area, but the commercial uses themselves; therefore, a maximum of 50% of the parking may be located in between the building and Elizabeth Street. To be completed at the time of building permit. 2. Development on Lots 2 and 3, must address full site architecture and planning. Including but not limited to, providing 360 architecture, placing utilities on the facades that do not face the street, providing elements on the street facing side of the building so that it does not appear to be the “back” of the building, etc. To be completed at the time of building permit. 3. Provide an easement for the existing storm pipe located on Lot 4. The minimum (total) width of an easement for storm pipes is 20’. (M. Turner, 2/4/16) 4. Provide a maintenance statement for the storm pipe that is located on Lot 4. (M. Turner, 2/4/16) 5. Fill in the blanks for the plat statement that refers to the declaration of covenants. (M. Turner, 2/4/16) 6. Since no detention easements are being dedicated on this plat, remove the reference to detention easements from the maintenance statement. (M. Turner, 2/4/16) Conditions 3-6 have been complied with by the applicant. 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 February 10, 2016 Public Hearing Planning and Zoning Commission Staff Report with Exhibits