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
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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
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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.
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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.
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‘ INTRODUCED: MARCH 14, 2016
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ATTESTED BY: _� ‘-._• A
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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