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HomeMy WebLinkAbout09240Reception 2102117 04/12/2018 03 34:27 PM ORDINANCE NO. 9240 AN ORDINANCE APPROVING THE BELMONT MANOR SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Belmont Manor Subdivision, being a subdivision of land legally described as: A CERTAIN PARCEL OF LAND IN PARCEL"D" OF BELMONT TWENTIETH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD ON JUNE 25, 1959, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "D", BELMONT TWENTIETH FILING; THENCE NORTH 89 DEGREES 46 MINUTES WEST AND ALONG THE SOUTH LINE OF PARCEL "D", A DISTANCE OF 71.79 FEET; THENCE ALONG THE ARC OF THE CURVE TO THE RIGHT WHOSE RADIUS IS 465.00 FEET, AND ALONG THE SOUTHERLY LINE OF PARCEL "D", A DISTANCE OF 143.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 14 MINUTES EAST, A DISTANCE OF 405 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY #50 BY-PASS, AS PRESENTLY LOCATED; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING 2 COURSES: 1. ALONG AN ARCH OF A CURVE TO THE RIGHT WHOSE RADIUS IS 2965.0 FEET, A DISTANCE OF 467.22 FEET 2. THENCE NORTH 75 DEGREES 22 MINUTES WEST, A DISTANCE OF 107.00 FEET; THENCE SOUTH 0 DEGREES 05 MINUTES 37 SECONDS WEST, A DISTANCE OF 421.32 FEET TO THE SOUTHERLY LINE OF PARCEL "D"; THENCE ALONG THE SOUTHERLY LINE OF PARCEL "D" THE FOLLOWING 4 COURSES: 1. NORTH 71 DEGREES 44 MINUTES EAST A DISTANCE OF 86.16 FEET; 2. ALONG AND ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 365.00 FEET A DISTANCE OF 293.04 FEET: 3. SOUTH 62 DEGREES 16 MINUTES EAST A DISTANCE OF 138.50 FEET; 2102117 04/12/2018 03:34:27 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder Pueblo County Co 'riri 14,11115,4 a:OUTAIK'MA IA 111111 4. ALONG AND ARCH OF A CURVE TO THE LEFT WHOSE RADIUS IS 465.00 FEET; A DISTANCE OF 79.71 FEET TO THE POINT OF BEGINNING. COUNTY OF PUEBLO, STATE OF COLORADO Containing 4.59 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. SECTION 4. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. • 2102117 04/12/2018 03:34:27 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Cierk/Recorder. Pueblo County. Co SECTION 5. 101 mor,I'� ;R«��'«'�1�+111'r,�Ri' �1'I 1%4:114 ay), III The subdivision is approved with the following condition: 1. The property owner must provide a deferred improvements agreement to underground the Overhead Electric lines within the property upon redevelopment of 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 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. 4 5 °.GO� 04,1 o, INTRODUCED: February 12, 2018 Af a .., o BY: Ed 'awn o. . /7;1:W'� : MEM: C COUNCI � ocn r.v�ruos r . • ��� �o APPROVED: .. o% '4y " s: P''SI!/' T •F CITY COUNCIL ATTESTED B • : i" . • ACTING CITY CLER 4 PASSED AND APPROVED: February 26, 2018 City Clerk’s Office Item # R-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 12, 2018 TO: President Christopher A. Nicoll 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 BELMONT MANOR SUBDIVISION PLAT SUMMARY: This Ordinance will subdivide the subject property into one (1) legally subdivided lot, containing approximately 4.6 acres. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at 1005 Ruppel Street, just south of Hwy 50 Bypass. The applicant is requesting to subdivide the property to create one (1) lot as required to refinance the subject property. The applicant is not proposing any improvements at this time to the site, but is required to subdivide the property to bring the property in compliance with the City’s Subdivision Ordinance. The applicant is also requesting a waiver to underground the existing overhead electric lines within and surrounding the property. The Subdivision Review Committee reviewed the waiver request and recommended the placement of the overhead electric lines be deferred until such time that the property is redeveloped. The City understands that the requirement to underground the overhead electric lines would pose an undue hardship on the property owner at this time. Therefore, it will be necessary for the applicant to enter into a deferred improvement agreement, which will be heard by Council under a separate action item. This requirement does not include those lines that directly provide overhead service to other properties within the area of the lines to be placed underground. FINANCIAL IMPLICATIONS: The approval of this subdivision plat will not have any immediate financial impact to the City as no additional construction is proposed on the property. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 08, 2017 Regular Meeting, voted 6-0 (Lujan-Slak absent) to recommend approval with the following conditions: 1. The property owner must provide a deferred improvements agreement to underground the overhead electric lines within the property upon redevelopment of the property. 2. The existing sanitary service shown on plans does not appear to be correct. It is not common practice for the City of Pueblo Wastewater Department to allow services to be tapped on to the manhole. In rare situations, we allow services to be connected to the manhole but would certainly not allow multiple services from the same owner. Please verify information shown is correct and the provide the source of the information. 3. All plat statements dedicating this subdivision must be shown on the plat along with the surveyor’s statement, seal and signature. 4. The property owner must also be shown along with the notary statement. 5. Refer to the subdivision manual found at https://www.pueblo.us/DocumentCenter/Home/View/528 Condition No. 1 will be addresed upon the signing of the deferred improvements agreement. Conditions of approval No. 2 through No. 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 November 8, 2017 Public Hearing Memorandum from the Department of Public Works Dated January 2, 2018 Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9240 AN ORDINANCE APPROVING THE BELMONT MANOR SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Belmont Manor Subdivision, being a subdivision of land legally described as: A CERTAIN PARCEL OF LAND IN PARCEL "D" OF BELMONT TWENTIETH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD ON JUNE 25, 1959, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL "D", BELMONT TWENTIETH FILING; THENCE NORTH 89 DEGREES 46 MINUTES WEST AND ALONG THE SOUTH LINE OF PARCEL "D", A DISTANCE OF 71.79 FEET; THENCE ALONG THE ARC OF THE CURVE TO THE RIGHT WHOSE RADIUS IS 465.00 FEET, AND ALONG THE SOUTHERLY LINE OF PARCEL "D", A DISTANCE OF 143.47 FEET TO THE POINT OF BEGINNING; THENCE NORTH 0 DEGREES 14 MINUTES EAST, A DISTANCE OF 405 FEET, MORE OR LESS, TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY #50 BY-PASS, AS PRESENTLY LOCATED; THENCE ALONG THE SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING 2 COURSES: 1. ALONG AN ARCH OF A CURVE TO THE RIGHT WHOSE RADIUS IS 2965.0 FEET, A DISTANCE OF 467.22 FEET 2. THENCE NORTH 75 DEGREES 22 MINUTES WEST, A DISTANCE OF 107.00 FEET; THENCE SOUTH 0 DEGREES 05 MINUTES 37 SECONDS WEST, A DISTANCE OF 421.32 FEET TO THE SOUTHERLY LINE OF PARCEL "D"; THENCE ALONG THE SOUTHERLY LINE OF PARCEL "D" THE FOLLOWING 4 COURSES: 1. NORTH 71 DEGREES 44 MINUTES EAST A DISTANCE OF 86.16 FEET; 2. ALONG AND ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 365.00 FEET A DISTANCE OF 293.04 FEET: 3. SOUTH 62 DEGREES 16 MINUTES EAST A DISTANCE OF 138.50 FEET; 4. ALONG AND ARCH OF A CURVE TO THE LEFT WHOSE RADIUS IS 465.00 FEET; A DISTANCE OF 79.71 FEET TO THE POINT OF BEGINNING. COUNTY OF PUEBLO, STATE OF COLORADO Containing 4.59 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-l0-l0l, 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 authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 5. The subdivision is approved with the following condition: 1. The property owner must provide a deferred improvements agreement to underground the Overhead Electric lines within the property upon redevelopment of 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 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: February 12, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: February 26, 2018