HomeMy WebLinkAbout09094Reception 2098732
03/07/2018
ORDINANCE NO. 9094
AN ORDINANCE APPROVING THE PARKVIEW SOUTH
ANNEX SUBDIVISION PLAT
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1. co
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The final plat of the Parkview South Annex Subdivision, being a subdivision of land ~ma 3
legally described as: o -
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All of Lots 3 Thru 13, Both inclusive of Block 22, and all of the vacated alley ®"
lying westerly of the west line of Lot 14, Block 22 in County Addition recorded
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May 1, 1893 in the Pueblo County records, County of Pueblo, State of N =s
Colorado. mi
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Containing 1.41 acres, more or less coh
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N a CD 1111
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.
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Gilbert Ortiz Clerk/,ecoldei Pueblo County, Co I "
iIII I4!CjI"t Iif' ii ALIVIN HOP hi' iyi, 11I111
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. In lieu of undergrounding the overhead electrical lines in Grand Avenue, provide
a Pursuant to Agreement that will be recorded with the Subdivision.
2. No ash trees will be permitted to be planted on the site with the commercial plan
review.
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.
0I ! 'to INTRODUCED: January 9, 2017
4110
BY: I Ed ; own
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aI °, APPRO
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ATTESTED BY: 4411"-
ITY CLERK
PASSED AND APPROVED: February 13. 2017
City Clerk’s Office Item #
R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
January 9, 2017
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 PARKVIEW SOUTH ANNEX SUBDIVISION
SUMMARY:
This Ordinance will subdivide the subject parcel into one (1) legally subdivided lot, containing
approximately 1.41 acres.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
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The subject property is located between 13 and 14 Streets, east of Grand Avenue. The
applicant is requesting to combine the six (6) existing parcels into one (1) lot for construction of
an outpatient surgery center. The applicant has recently demolished a home located at 310 W.
th
14 Street and plans to demolish the existing office building at 1310-1318 N. Grand Avenue. The
building at 1302-1306 N. Grand Avenue will remain. The applicant is also requesting to vacate
the alley adjacent to their properties to enable them to combine the parcels to the north and to
the south of the alley into to one lot. A resolution approving the vacation of the alley will be
included on the January 23, 2017 City Council agenda. The reason for combining these parcels
is so that the property can meet the maximum lot coverage allowance in the R-5 Zone District
(50% maximum lot coverage). A resolution approving the vacation of the alley will be included on
the January 23, 2017 City Council Agenda. A variance requesting a reduction in the medium-
scale development performance standards, off-street parking standards, required landscape
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performance standards, and setbacks along W. 14 Street, Grand Avenue and the alley was
approved with conditions at the Zoning Board of Appeals meeting on December 20, 2016. With
the subdivision, the municipal code requires the undergrounding of the overhead electric lines
adjacent to and within the property being subdivided. The applicant has requested a waiver from
this requirement for the overhead electrical lines along Grand Avenue and in the alley north of
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Grand Avenue between 13 and 14 Streets. The Planning and Zoning Commission at the
November 9, 2016 Regular Meeting approved a motion recommending the denial of the waiver
request for the lines along Grand Avenue, and approval of the waiver request for the lines in the
alley. The Subdivision Review Committee reviewed the waiver request to allow the overhead
electric lines to not be buried and recommended denial of the request. With the building permit
for the new building, subject to the variance approved on December 20, 2016, the applicant will
be required to bring the entire site into compliance with the commercial standards, which includes
landscaping the property per the Landscape Code, provide parking sufficient for the new building
on the Parkview Campus, public improvements and Stormwater improvements associated with
the new building.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any immediate financial impact to the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 9, 2016 Regular Meeting approved two
motions including:
A Motion passed 4-0-1 (Schilling and Castellucci absent, and Eslinger abstained) to deny the
waiver request for the lines along Grand Avenue, and approve the waiver request for the lines in
the alley, was made by Commissioner Latka, seconded by Commissioner Webb with the condition
that a Pursuant to Agreement must be executed by the applicant prior to the subdivision being
scheduled for City Council.
A Motion passed 4-0-1 (Schilling and Castellucci absent, and Eslinger recused) to recommend
approval of the subdivision with the following conditions:
1. Prior to recording of the subdivision, include the undergrounding of the Overhead Electric
lines in the alley in the Subdivision Improvement Agreement. In lieu of undergrounding
the lines in Grand Avenue, provide a Pursuant to Agreement that will be recorded with the
Subdivision.
2. On the Supplemental Map, correct “NAVD 29” with “NAVD 88.”
3. No ash trees will be permitted to be planted on the site with the commercial plan review.
Conditions of approval 2 has been complied with by the applicant. Full compliance with condition
of approval 1 will be verified prior to recording of the Subdivision, and condition of approval 3 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:
To address the Subdivision Review Committee’s recommendation to deny the waiver to keep the
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utility lines in the alley north of Grand Avenue between 13 and 14 Avenues overhead, City
Council could amend section 5.1 of the Ordinance approving to read as follows:
1. In lieu of undergrounding the overhead electrical lines in the alley and Grand Avenue,
provide a Pursuant to Agreement that will be recorded with the Subdivision.
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 November 9, 2016 Public
Hearing
Memorandum from the Department of Public Works Dated December 16,
2016
Planning and Zoning Commission Staff Report with Exhibits
ZBA-16-55 Notification of Approval with Conditions
Waiver Request Dated September 12, 2016