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Home My WebLink About09068Reception 2066446 04/03/2017 02:17:02 PM ORDINANCE NO. 9068 AN ORDINANCE APPROVING THE NEW HORIZONS SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: ES SECTION 1. 13.0 m o-„ The final plat of the New Horizons Subdivision, being a subdivision of land legally • Nm • described as: - mmsf r.O.a L Z Parcel 1: Nm v— The West 362.97 Feet of the North 116.1 Feet of Tract 2, and the West 362.97 m03Y. Feet of the South 66.1 Feet of Tract 3, Evans Subdivision, County of Pueblo, State m _ of Colorado. Excepting here from the Tract conveyed to the Department of ON Highways of the State of Colorado by Deed recorded in Book 1425 at Page 485 and further excepting here from the Easement to Pueblo, a Municipal Corporation • m- in in Deed recorded in Book 1482 at Page 61 of the Pueblo County Records. L a m N aAll Parcel 2: Lot 1, Myrtle Subdivision, County of Pueblo, State of Colorado. Said parcel contains 1.83 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 24-10-101, 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. 2066446 ORD 04/03/2017 02:17:02 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co SECTION 4. ■III RIFa 6V11,1411.11.14 !WmPCP��1�«�1�'�'�� 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 condition: 1. Provide cash in lieu of undergrounding the overhead electric line along the east side of Elizabeth equal to the assessed value of the property's portion of the Elizabeth Street Undergrounding Improvement Fund. Once the cost estimate is provided from Black Hills Energy to underground the entire length of the overhead electric line along Elizabeth Street, City Staff will determine the portion of the cost associated with this Subdivision. The assessment must be paid to the City prior to the Subdivision being recorded. 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. INTRODUCED: NOVEMBER 14, 2016 o�4 ' •o'to 1j , • • CIL PERS• • •11-_"� "' APPROVER. dr 411 . 'kb �"` • ' • CITY COUN 10 0 ATTESTED BY: 't ■ I • se CITY CLERK PASSED AND APPROVED: November 28, 2016 City Clerk’s Office Item # R-9 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 NEW HORIZONS SUBDIVISION SUMMARY: This Ordinance will subdivide the subject property into one (1) legally subdivided lot, containing approximately 1.83 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at 2928 North Elizabeth, at the site of the old Rosario’s restaurant. The applicant is requesting to combine the two existing parcels into one (1) lot for the purpose of the construction of a thrift store. Previously, a portion of a building on the property was constructed over a lot line and an existing storm sewer. The applicant has recently demolished the portion of the building that was not properly permitted (patio and steak house restaurant), and located over the lot line and storm sewer pipe. By demolishing the portion of the building, the property is now in compliance with City codes. The remaining portion of the building that still remains is the section of the building where Rosario’s restaurant operated. The remaining building is proposed to be used as a part of the thrift store. Following the combining of the two parcels, the applicant is proposing to construct a retail sales building and associated site improvements for a New Horizons Thrift Store. The plat for this subdivision will dedicate additional th right-of-way, approximately 10 feet in width, required for 30 Street adjacent to the 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. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 14, 2016 Regular Meeting, voted 6-0 (Lucas absent) to recommend approval with the following conditions: 1. Provide cash in lieu of undergrounding the overhead electric line along the east side of Elizabeth equal to the assessed value of the property’s portion of the Elizabeth Street Undergrounding Improvement Fund. Once the cost estimate is provided from Black Hills Energy to underground the entire length of the overhead electric line along Elizabeth Street, City Staff will determine the portion of the cost associated with this Subdivision. The assessment must be paid to the City prior to the Subdivision being recorded. 2. Provide the legal documentation to release the drainage easements recorded on Book 1482, Page 61 & 62. 3. Provide the legal documentation to release the drainage easement with reception No. 1343249. 4. On the plat, provide a dedication statement for the proposed drainage easement. 5. On the plat, provide a maintenance statement for the drainage facilities. 6. Revise plat note No. 11: Change the year from 1952 to 1962. 7. Revise plat note No. 15: Correct the misspelling of Myrtle. 8. In the drainage report, add a discussion of existing drainage easements (to be released) and proposed drainage easements. 9. On the plat, add a drainage easement for the detention pond Conditions of approval 2. through 9. have been complied with by the applicant. Compliance with condition of approval 1. will be verified prior to the subdivision being recorded. 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 September 14, 2016 Public Hearing Memorandum from the Department of Public Works Dated October 31, 2016 Planning and Zoning Commission Staff Report with Exhibits