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Home My WebLink About09067 .3 2057201 ORD 12/22/2016 10:22:07 AM Page: 10 of 3 R 21.00 D 0.00 11 21 .00 Gilbert Ortiz Clerk/Recorder Pueblo County. Co •III krardiii,11/I05M'k'Cl'At4 174 kW, Ill III ORDINANCE NO. 9067 AN ORDINANCE APPROVING THE DOUD SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Doud Subdivision, being a subdivision of land legally described as: A parcel of land located in the West one-half of the NorthEast one-quarter of Section 12, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the centerline of Elizabeth Street as presently located in Pueblo Crossing, Filing No. 1 according to the recorded plat thereof filed for record December 18, 2003 at Reception No. 1542506, in the records of Pueblo County Recorder, monumented with No. 6 rebar with 2 1/2" aluminum cap stamped PLS 16128 in cast iron monument box at both ends to bear N. 15°08'40"W., and all bearings contained herein being relative thereto. Commencing at the most southwesterly end of curve on the westerly right- of-way line of said Elizabeth Street of the afore mentioned Pueblo Crossing, Filing No. 1, thence N. 15°08'40" W. along the westerly right-of-way line of said Elizabeth Street, a distance of 455.88 feet to the Point of Beginning from which the southerly monument on the said centerline of Elizabeth Street bears S. 21°24'13" E., a distance of 4,878.84 feet; thence S. 74°51'20"W., a distance of 303.23 feet; thence N. 10°33'30"W., a distance of 407.54 feet; thence N. 74°51'20" E., a distance of 270.64 feet to said westerly right-of-way line of Elizabeth Street; thence S. 15°08'40" E. along said westerly right-of-way line of Elizabeth Street, a distance of 406.23 feet more or less to the Point of Beginning. Said parcel contains 2.68 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. 2057201 ORD 12/22/2016 10:22:07 AM Page: 2 of 3 R 21.00 D 0.00 T 21 .00 Gilbert Ortiz Clerk/Recorder Pueblo County, Co VIII P" I'1:10,0L411'GhTA'I' rtiNi VW. 11111 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. Remove the existing billboard sign at the end of the current agreement, which is 12/31/2016. 2. Any utility work within the state highway right-of-way will require a utility permit from the CDOT. 2057201 ORD 12/22/2016 10:22:07 AM Page: 3 of 3 R 21 .00 D 0.00 T 21.00 Gilbert Orti2 Clerk/Recorder. Pueblo County. Co kir kiiJl '�1 certnii, F'jmknmeivk'iii"i 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. /; , • 44, INTRODUCED: November 14, 2016 0 %j% i c BY: Ed ' own • II I wt rGnoe • - ' ��c APPRO E OF CITY COUNCIL off=•� �/ _ ATTESTED BY: * n�w� - 1 ITY CLERK PASSED AND APPROVED: November 28, 2016 City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 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 DOUD SUBDIVISION SUMMARY: This Ordinance will subdivide the subject parcel into one (1) legally subdivided lot, containing approximately 2.68 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located along North Elizabeth, north of the Harley Davidson retail store (5001 N. Elizabeth), and the property subdivided for the Tractor Supply Co. The applicant is proposing to subdivide the property, totaling approximately 2.68 acres, into one (1) lot for the purpose of construction of a retail commercial development (Sportsman’s Warehouse). 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 October 12, 2016 Regular Meeting, voted 5-0 (Lucas and Lujan-Slak absent) to recommend approval with the following conditions: Planning Department (K. Grisham, 10/4/16) 1. Remove the existing billboard sign at the end of the current agreement, which is 12/31/2016. Stormwater Department (M. Turner, 10/4/16) Supplemental Map 2. Use the same line type in the legend as you do in the drawing (for the storm pipe). Utility Map 3. Use the same line type in the legend as you do in the drawing (for the storm pipe). 4. Label the storm pipe as existing. CDOT (V. Sword, 8/15/16) 5. Any utility work within the state highway right-of-way will require a utility permit from the CDOT. Conditions of approval 2 through 4 have been complied with by the applicant. Full compliance with conditions of approval 1 and 5 will be verified prior to the issuance of a building permit issuance. 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 October 12, 2016 Public Hearing Memorandum from the Department of Public Works Dated October 25, 2016 Planning and Zoning Commission Staff Report with Exhibits