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Home My WebLink About09176reception 2083771 09/28/2017 03:54:21 PM 4 ORDINANCE NO. 9176 AN ORDINANCE APPROVING THE UPLANDS TOWNHOMES, FILING NO 1 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Uplands Townhomes, Filing No. 1, being a subdivision of land legally described as: A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 3, BLOCK 29, UPLANDS PARK AND PORTIONS OF LOT 4, BLOCK 29, UPLANDS PARK AS DESCRIBED IN QUIT CLAIM DEED FOUND AT BOOK 2526, PAGE 140 & PAGE 141. FURTHER DESCRIBED AS ALL OF TRACT 1 AND PORTION OF TRACT 2, LOT LINE REARRANGEMENT, BOOK 2453, PAGE 869. COMMENCING AT THE FOUND BRASS TAG INSIDE OF RANGEBOX LOCATED IN THE INTERSECTION OF ACERO AVENUE AND WEST NORTHERN AVENUE. THENCE S02°47'35"E, A DISTANCE OF 673.28 FEET TO A POINT BEING THE NORTHWEST CORNER OF TRACT 1 FROM WHICH A 1.5" ALUMINUM CAP (L.S. 22101) WAS FOUND AT A 2.0' OFFSET BEING THE TRUE POINT OF BEGINNING; THENCE N88° 54'45"E, A DISTANCE OF 627.06 FEET TO A POINT BEING THE NORTHEAST CORNER OF SAID TRACT FROM WHICH A #4 REBAR WITH A BROKEN CAP WAS FOUND AT A 2.0' OFFSET; THENCE S01°04'24"E, A DISTANCE OF 627.03 FEET TO A POINT FROM WHICH A#5 REBAR WITH A RED CAP WAS FOUND AT A 1.90' OFFSET; THENCE S88°55'20"W, A DISTANCE OF 74.97 FEET TO A POINT BEING THE SOUTHEAST CORNER OF TRACT 2 FROM WHICH A MAG NAIL IN A CHISELED CROSS WAS FOUND AT A 0.60' OFFSET; THENCE N01°03'33"W, A DISTANCE OF 270.15 FEET TO THE FOUND #4 REBAR WITH A YELLOW PLASTIC CAP (L.S. 10093); THENCE S88°52'38"W, A DISTANCE OF 80.12 FEET TO THE FOUND MAG NAIL AND BRASS TAG; THENCE S89°45'12"W, A DISTANCE OF 264.86 FEET TO THE FOUND #4 REBAR WITH A YELLOW PLASTIC CAP (L.S. 10093); 2083771 ORD 09/28/2017 03:54:21 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 1R'W �I�I If1l:I fl'i1il�r1:1i'M�iKkII'I:kit �I II THENCE S88°54'45"W, A DISTANCE OF 207.09 FEET TO THE FOUND 1.5" ALUMINUM CAP (L.S. 22101) BEING THE NORTHWEST CORNER OF TRACT 2 FROM WHICH LIES A FOUND BRASS TAG INSIDE A RANGEBOX AT BEARING S02°48'42"W, AT 294.47 FEET; THENCE N01°05'28"W, A DISTANCE OF 353.03 FEET BACK TO THE TRUE POINT OF BEGINNING CONTAINING 242,706 SQUARE FEET (5.57 +/- ACRES) MORE OR LESS. BASIS OF BEARING STATEMENT: BASED ON THE NORTH LINE OF LOT 3, BLOCK 29, UPLANDS PARK ALSO KNOWN AS TRACT 1, LOT LINE REARRANGEMENT, RECORDED AT BOOK 2453, PAGE 869; BETWEEN THE FOUND 1.5" ALUMINUM CAP AT A 2.0' OFFSET AND THE FOUND #4 REBAR WITH A BROKEN CAP. ASSUMED TO BEAR N88°54'45"E. -TOGETHER WITH A PARCEL OF LAND LOCATED IN A PORTION OF THE NORTHWEST 'A OF SECTION 11, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PORTION OF LOT 4, BLOCK 29, UPLANDS PARK AS DESCRIBED IN QUIT CLAIM DEED FOUND AT BOOK 2526, PAGE 140 & PAGE 141: FURTHER DESCRIBED AS ALL OF TRACT 1 AND PORTION OF TRACT 2, LOT LINE REARRANGEMENT, BOOK 2453, PAGE 869. COMMENCING AT THE FOUND BRASS TAG INSIDE OF RANGEBOX LOCATED IN THE INTERSECTION OF ACERO AVENUE AND WEST NORTHERN AVENUE. THENCE S24°50'10"E, A DISTANCE OF 1420.27 FEET TO A POINT BEING THE SOUTHEAST CORNER OF THE REMAINDER PARCEL WHICH A MAG NAIL IN A CHISELED CROSS WAS FOUND AT A 0.6' OFFSET BEING THE TRUE POINT OF BEGINNING; THENCE N01°03'33"W, A DISTANCE OF 270.15 FEET TO THE FOUND #4 REBAR WITH A YELLOW PLASTIC CAP (L.S. 10093); THENCE S88°52'38"W, A DISTANCE OF 80.12 FEET TO THE FOUND MAG.NAIL AND BRASS TAG; THENCE S89°45'12"W, A DISTANCE OF 264.86 FEET TO THE FOUND #4 REBAR WITH A YELLOW PLASTIC CAP (L.S. 10093); THENCE S88°54'45"W, A DISTANCE OF 207.09 FEET TO THE FOUND 1.5" ALUMINUM CAP (L.S. 22101) BEING THE NORTHWEST CORNER OF TRACT 2 FROM WHICH LIES A FOUND BRASS TAG INSIDE A RANGEBOX AT BEARING S02°48'42"W, AT 294.47 FEET; THENCE S01°05'26"E, A DISTANCE OF 273.89 FEET TO A POINT BEING THE SOUTHWEST CORNER OF LOT 4, BLOCK 29, UPLANDS PARK; 2083771 ORD 09/28/2017 03:54:21 PM Page: 30 of 4 R 28.00 De .10e 0 11 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1,1��+l+�l+0IY4Y�.lA 114111 II I THENCE S88°55'20"W, A DISTANCE OF 551.90 FEET BACK TO THE TRUE POINT OF BEGINNING; CONTAINING 150,383 SQUARE FEET (3.45 +1- ACRES) MORE OR LESS. BASIS OF BEARING STATEMENT: BASED ON THE NORTH LINE OF LOT 3, BLOCK 29, UPLANDS PARK ALSO KNOWN AS TRACT 1, LOT LINE REARRANGEMENT, RECORDED AT BOOK 2453, PAGE 869; BETWEEN THE FOUND 1.5" ALUMINUM CAP AT A 2.0' OFFSET AND THE FOUND #4 REBAR WITH A BROKEN CAP. ASSUMED TO BEAR N88°54'45"E. 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. 2083771 ORD 09/28/2017 03:54:21 PM • Page: 4 of 4 R 28.00 D 0.00 1 28.00 • Gilbert Ortiz ClerklRecorder. Pueblo County, Co SECTION 5. VIII l�1F.PJ?'iU,t�1Ia��If�CF il�'IR',k'!�'y�L' I''',r�ki Mk 11111 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. /4; o INTRODUCED: September 11, 2017 //p'E ' % 'thy , , T BY: Ed B • . ;v \ f�t Vic'40, /� -, e`CIL P41----- kcaTittri2Ei\iff-•/!'!. ii 'i Mil APPROVE 1 '4.. �4° PRESIDENT OF CITY COUNCIL Q�2''4 F,/ ATTESTED BY: _ -„Com`) ITY CLERK PASSED AND APPROVED: September 25, 2017 City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: September 11, 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 UPLANDS TOWNHOMES, FILING NO 1 SUBDIVISION PLAT SUMMARY: This Ordinance will subdivide the subject property into two (2) legally subdivided lots, with private roadways, containing approximately 9.2 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located along at the Northeast corner of Acero Avenue and Sprague Avenue. The applicant is requesting to plat two (2) lots; one (1) for the proposed Uplands Townhomes and one (1) to remain the property for the Fenix Apartments. This subdivision is necessary for the development of the property for the Uplands Townhomes project, which will provide 72 units to replace an existing 72 units in the Sangre de Cristo Apartments, located to the west of Acero Avenue. 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 May 10, 2017 Regular Meeting, voted 6- 0 (Latka absent) to defer the undergrounding of the overhead electric. The Planning and Zoning Commission, at their May 10, 2017 Regular Meeting, also voted 6-0 (Latka absent) to recommend approval with the following conditions: 1. Comply with the conditions emailed to the engineer, from Joe Martellaro, dated May 5, 2017 2. Comply with the comments and conditions in the memorandum from Melanie Turner, dated May 3, 2017. Both conditions of approval have 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 May 10, 2017 Public Hearing Memorandum from the Department of Public Works Dated September 1, 2017 Planning and Zoning Commission Staff Report with Exhibits