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HomeMy WebLinkAbout09055 ORDINANCE NO. 9055 AN ORDINANCE APPROVING THE OUTLOOK RIDGE SUBDIVISION, FILING NO 2 PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Outlook Ridge Subdivision, Filing No. 2, being a subdivision of land legally described as: All of Lots 1 and 2, Block 1 in Outlook Ridge Subdivision, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1876813 in the Pueblo County Records. Containing 12.35 acres, more or less. 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-l0-l0l, 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 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. INTRODUCED: October 11, 2016 BY: Ed Brown PASSED AND APPROVED: October 24, 2016 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 11, 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 OUTLOOK RIDGE SUBDIVISION, FILING NO. 2 PLAT SUMMARY: This Ordinance will resubdivide the two subject parcels into two (2) legally subdivided lots, containing approximately 17 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at the northeast corner of Ridge Drive and Outlook Boulevard. The applicant is proposing to resubdivide the two subject lots, totaling 17.34 acres, into modified building sites to allow for an expansion of the apartment project on Lot 1. Currently, several apartment buildings have been constructed on Lot 1, in Outlook Ridge Subdivision, Filing 1. The lot line between Lots 1 and 2, Outlook Ridge Filing No. 1 will be moved to accommodate additional apartment buildings on Lot 1. Typically, a lot line rearrangement would be utilized to facilitate the changed building lots; however, lot line rearrangements are only permitted for less than 5 acres. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City. However, build out of the lots 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 (with Commissioner Lujan-Slak absent) to recommend approval with conditions. Subsequently, the applicant has complied with all conditions of 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 August 10, 2016 Planning and Zoning Commission Staff Report with Exhibits