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Home My WebLink About09215Reception 2098729 03/07/2018 01:36:47 PM ORDINANCE NO. 9215 AN ORDINANCE APPROVING THE FIVE IRON VIEW SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Five Iron View, being a subdivision of land legally described as: PARCEL NO. 1: A tract of land located in the S 1/2 of the SW 1/4 of the SW 1/4 of the SE 1/4 of Section 13, Township 20 South, Range 65 West, of the 6th P.M., more particularly described as follows: Beginning at the S 1/4 corner of said Section 13; thence East 610 feet more or less to the intersection of the West line of State Highway No. 85; thence North 75 feet to a point on the West line of State Highway No. 85; thence West and parallel to the South line of this Tract, a distance of 610 feet more or less, said point intersecting North and South center line of said Section 13; thence South along said centerline, a distance of 75 feet to the place of beginning, County of Pueblo, State of Colorado. PARCEL NO. 2: The North 16 feet of Tract 9, Evans Subdivision, being a subdivision of the Northwest 1/4 of Section 24, Township 20 South, Range 65 West, according to the recorded plat of said subdivision, County of Pueblo, State of Colorado. Containing 1.27 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. 2098729 03/07/2018 01:36:47 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz C1erk/Recorder. Pueblo County Co SECTION 2. �I11 RIPd��1�,?11�4�A'�I rli.,�ll hL r��':ia+iiiw9t iu,i'l,iiii, !III 1 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 condition: 1. The undergrounding of the Overhead Electric lines within the property (as shown on the OHE Exhibit) must be completed prior to Certificate of Occupancy approval for any building permit on the property. 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 2098729 03/07/2018 01 :36:47 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co ■III Pan kj10101J' 11111 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��r,o,off, LA, 4 , �� INTRODUCED December 11, 2017 c,.,// ) r�. BY: C :MN co 37-7 APPROVED NI *,t ' 9 RESID 1 I CITY COUNCIL 1 p ATTESTED ACTING CITY CLERK PASSED AND APPROVED: December 26, 2017 City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: December 11, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE FIVE IRON VIEW SUBDIVISION PLAT SUMMARY: This Ordinance will subdivide the subject property into one (1) legally subdivided lot, containing approximately 1.27 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at 3139 North Elizabeth Street. The applicant is requesting to subdivide the property to create one (1) lot for future development of a fast food restaurant on the front portion of the property. The applicant is required to underground the overhead electric lines adjacent to and within the property being subdivided. The lines that will be placed underground must be complete upon any development of the property. With any building permits, the property owner will be required to bring the entire site into compliance with the commercial standards, including landscaping the property according to the Landscape Code, provide sufficient parking for the new building, 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. 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 11, 2017 Regular Meeting, voted 5-0-2 (Eslinger and Schilling abstained) to recommend approval with the following conditions: 1. The undergrounding of the Overhead Electric lines within the property (as shown on the OHE Exhibit) must be completed prior to CO approval for any building permit on the property. 2. Dedicate the detention easement for private (not public) use. 3. In the maintenance statement, include “detention facilities” and “detention easements”. 4. If any of the proposed drainage easements are for private use, provide a statement to communicate that. 5. Add a note implying that detention and water quality are required per City’s criteria with any additional development of the back portion of the lot. Conditions of approval 2. through 5. 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 October 11, 2017 Public Hearing Memorandum from the Department of Public Works Dated November 30, 2017 Planning and Zoning Commission Staff Report with Exhibits