HomeMy WebLinkAbout09037Reception 2052293
10/28/2016 10:35:55 AM
ORDINANCE NO. 9037
AN ORDINANCE APPROVING THE CDOT HEADQUARTERS
SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the CDOT Headquarters Subdivision, being a subdivision of land legally
described as:
A parcel of land located in the SW 1/4 of Section 1 and the SE 1/4 of Section 2,
Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of
Colorado, with all of the bearings contained herein based upon a bearing of N. 73°
42' 39" E. as measured between a portion of the north line of Lot 1 of the recorded
plat of Pueblo Crossing Filing No. 2 as filed for record on December 8, 2006 at
Reception No. 1705314 in the office of the Pueblo County Clerk and Recorder,
said parcel being more particularly described as follows:
Commencing at the northwest corner of the aforementioned Lot 1 of Pueblo
Crossing Filing No. 2, thence S. 41° 17' 26" W. a distance of 721.78 feet to the
Point of Beginning; thence N. 72° 33' 09" E., a distance of 686.24 feet to a point
on the west line of said Lot 1 of Pueblo Crossing Filing No. 2;thence S. 17° 19' 49"
E. along said west line of Lot 1, along with the west line of Lots 1 and 2 of Pueblo
Crossing Filing No. 1 according to the recorded plat as filed for record on
December 18, 2003 at Reception No. 1542506 in the office of the Pueblo County
Clerk and Recorder, a distance of 1059.78 feet to the southwest corner of Lot 1,
of Pueblo Crossing Filing No. 1 and the north line of Wills Boulevard as presently
located; thence N. 48° 39' 36" W. along the north right-of-way of Wills Boulevard,
a distance of 140.33 feet; thence along the arc of curve to the left whose radius is
460.00 feet, a distance of 498.66 feet; thence N. 23° 44' 36"W., a distance of 0.86
feet to a point on the north line of Wills Boulevard according to the recorded plat
of Eagleridge Estates, Filing No. 2 as filed for record on November 16, 2006 at
Reception No. 1702445 in the office of the Pueblo County Clerk and Recorder;
thence S. 66° 15' 24" W. along said north line of Wills Boulevard, a distance of
240.20 feet; thence N. 22° 34' 19"W., a distance of 472.86 feet; thence along the
arc of a curve to the right whose radius is 2550.00 feet, a distance of 228.07 feet;
thence N. 17° 26' 51"W., a distance of 1140.94 feet to a point on the southerly line
of the 100' right-of-way of Dillon Drive filed for record April 25, 1996 in Book 2885
at Page 991 in the office of the Pueblo County Clerk and Recorder; thence easterly
along the southerly line of said right-of-way along the arc of a curve to the left
whose radius is 1100.27 feet and whose center bears N. 14° 59'20"W., a distance
of 100.03 feet; thence S. 17° 26' 51" E., a distance of 1095.16 feet to the Point of
Beginning.
Containing 12.05 acres, more or less
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Gilbert Ortiz Clerk/Recorder; Pueblo County, Co MI III
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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.
The subdivision is approved with the following conditions:
1. A Drainge Master Plan for this drainage corridor must be submitted by the applicant and
reviewed and approved by the City of Pueblo Stormwater Utility.
2. A Drainage Report (or abbreviated report or letter) and drainage plan that is specific to the
proposed subdivision must be submitted by the applicant and reviewed and approved by the
City of Pueblo Stormwater Utility.
3. Drainage easements that are needed according to the drainage studies and reports must be
shown on the plat.
4. Detention easement(s) needed for detention and/or water quality ponds must be shown on
the plat.
5. An offsite easement must be provided that accommodates the runoff from west of Outlook
Boulevard, allowing it to be routed to the Fountain Creek.
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Gilbert Ortofiz3 ClerkR 21/Reco00rderD .
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6. Provide dedication statements on the plat for drainage or detention easements that are
proposed with this plat.
7. Provide standard maintenance statement(s) concerning the maintenance responsibilities of
drainage and/or detention facilities.
8. Any additional conditions or requirements which may necessary for approval by the City of
Pueblo Stormwater Utility after receipt and review of the Drainage Report.
SECTION 6.
This Ordinance shall be approved upon final passage but shall not become effective until:
(a) the specific conditions set forth in the above Section 5 have been satisfied; (b) 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 (c) the final subdivision plat is recorded in the office of the Pueblo County
Clerk and 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.
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ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: September 12, 2016
City Clerk’s Office Item # S-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
August 22, 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 CDOT HEADQUARTERS SUBDIVISION
PLAT
SUMMARY:
This Ordinance will subdivide the subject parcel into one (1) legally subdivided lot, containing
approximately 12 acres.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is located at the northwest corner of Wills Boulevard and Outlook Boulevard.
The applicant is proposing to subdivide the property, totaling 12 acres, into one (1) lot for the
purpose of construction of the CDOT Headquarters facility. As part of this subdivision, Outlook
Boulevard and Wills Boulevard will be constructed from their current terminus to the edge of the
property. While the area being subdivided is part of a larger parcel, the applicant is proposing to
subdivide a portion of the property as permitted by the Master Development Plan that was
previously approved.
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 with the following conditions:
1. A Drainage Master Plan for this drainage corridor must be submitted by the applicant and
reviewed and approved by the City of Pueblo Stormwater Utility.
2. A Drainage Report (or abbreviated report or letter) and drainage plan that is specific to the
proposed subdivision must be submitted by the applicant and reviewed and approved by the City
of Pueblo Stormwater Utility.
3. Drainage easements that are needed according to the drainage studies and reports must be
shown on the plat.
4. Detention easement(s) needed for detention and/or water quality ponds must be shown on the
plat.
5. An offsite easement must be provided that accommodates the runoff from west of Outlook
Boulevard, allowing it to be routed to the Fountain Creek.
6. Provide dedication statements on the plat for drainage or detention easements that are
proposed with this plat.
7. Provide standard maintenance statement(s) concerning the maintenance responsibilities of
drainage and/or detention facilities.
The conditions of approval have not 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 July 13, 2016 Public
Hearing
Memorandum from the Department of Public Works Dated August 10, 2016
Planning and Zoning Commission Staff Report with Exhibits