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Home My WebLink About09029Reception 2048121 09/14/2016 02:22:31 PM ORDINANCE NO. 9029 AN ORDINANCE APPROVING THE ELIZABETH STREET CENTER ATI-25 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Elizabeth Street Center at 1-25, being a subdivision of land legally described as: A parcel of land being a portion of the W 1/2 of the NE 1/4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the most southwesterly corner of Pueblo Crossing Filling No.1 according to the recorded plat thereof filed for record December 18, 2003 at Reception No. 1542506 in the records of the Pueblo County Clerk and Recorder said Southwesterly corner also being on the north line of Lot 1, Eaglecross Subdivision Fourth Filing according to the recorded plat thereof filed for record December 30, 1998 at Reception No. 1256096 in the records of the Pueblo County Clerk and Recorder from which the centerline survey monument of Elizabeth Street bears N 59°41'39"E (bearings based on the centerline of Elizabeth Street monumented on both ends with a No.6 rebar with a 2 1/2" aluminum in cast iron monument box cap PLS 16128 to bear N 15°'08'15"E based on the Colorado State Plane Coordinate System South Zone, utilizing National Geodetic Survey Control Monuments JK1355 and JK0064, with all bearings contained herein being relative thereto) a distance of 52.02 feet; Thence S 88°26'08"W (N 89°59' 50"'W Plat) along the North line of said Lot 1, Eaglecross Subdivision Fourth Filing, a distance of 343.81 feet to the Northwest corner of said Lot 1 and the East line of Lot 1, Block 2, Skyview Subdivision according to the recorded plat thereof filed for record November 5, 1980 at Reception No. 649798 in the records of the Pueblo County Clerk and Recorder, Thence N 10°33'04"W (N 09°04'39"W Plat) along said East line a distance of 390.06 feet; Thence N 74°51'45"E a distance of 303.23 feet to a point on the Westerly right of way line of Elizabeth Street as platted in said Pueblo Crossing Filing No.1; Thence S 15°08'15"E (S 13°31' 15"E Plat) along said Westerly right of way line a distance of 455.88 feet; Thence continuing along said Westerly right of way line along the arc of a curve to the right having a central angle of 01°44'00" and a radius of 450.00 feet a distance of 13.61 feet to the POINT OF BEGINNING. Pueblo County, State of Colorado. Parcel contains 3.16 acres, more or less 2048121 ORD 09/14/2016 02:22:31 PM Page: 2 of 3 R 21.00 D 0.00 T .00 Gilbert Ortiz Clerk/RecorderPu • , eblo21County, Co Foran ph'mut attached hereto, is hereby approved. All dedicated streets, utility and drainage easements, 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. 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. 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 upon final passage but shall not become effective until: (a) all information, documents, drawings, profiles, and plat required by Chapter 4 of Title XII of the Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with such modifications, if any, approved by City Council, have 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 2048121 ORD 09/14/2016 02:22:31 PM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III�l'A �a� IrIsl1��'�IMti N1 III Recorder. If any such filings and approvals have been deferred pursuant to Section 12- 4-5(b)(2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. a�itx'o'co w0 \ # ,� � tA � INTRODUCED: AUGUST 8, 2016 'kik 1BY: Ed Brown jpj$N a 4 APPR• i Q'q)ons.'T3' ' - tD€ ' OF CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: August 22, 2016 City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 8, 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 ELIZABETH STREET CENTER AT I-25 SUBDIVISION PLAT SUMMARY: This Ordinance will subdivide the subject parcel into one legally subdivided lot, containing approximately 3.16 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The property is located along North Elizabeth, immediately north of the Harley Davidson retail store located at 5001 North Elizabeth. The applicant is proposing to subdivide the 3.16 acres of a larger parcel into one lot for the purpose of construction of Tractor Supply Company, a retail commercial development. The area being subdivided is a portion of a larger parcel, which is in compliance with the Master Development Plan previously approved for the entire property. 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 July 13, 2016 Regular Meeting, voted 6-0 (Lujan-Slak 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 July 13, 2016 Public Hearing Memorandum from the Department of Public Works Dated July 26, 2016 Planning and Zoning Commission Staff Report with Exhibits