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08/1512018 01 :04:00 PM
ORDINANCE NO. 9254
AN ORDINANCE AMENDING ORDINANCE NO. 9068 RELATED
TO THE CONDITIONS OF APPROVAL FOR THE NEW
HORIZONS SUBDIVISION
WHEREAS, The New Horizons Subdivision was approved by City Council through
Ordinance No. 9068 dated November 28, 2017; and,
WHEREAS, a condition of approval requires a cash payment to the City in lieu of
undergrounding overhead electric lines on the property; and,
WHEREAS, the calculation of the in-lieu cash payment to the City is not possible, and a
deferred improvements agreement can be entered by the City and the Property Owner to allow
for the installation of the underground electric lines to be completed at a later time; NOW
THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
Section 5. of Ordinance No. 9068, dated November 28, 2017, is hereby amended to read
as follows:
The subdivision is approved with the following condition:
1. Provide a deferred improvements agreement for the undergrounding of the overhead
electric lines prior to the Certificate of Occupancy for the New Horizons building.
SECTION 2.
All other provisions and conditions of the Ordinance No. 9068, dated November 28, 2017
shall remain in effect.
SECTION 3.
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 4.
This Ore.... .e - shall become effective immediately upon final passage and approval.
INTRODUCED March 26, 2018
BY: E. - - n
of ! ME0 : - O. CITY C• IL
\ \ —= APPROVED:
ThIDENT O CITY COUNCIL
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ATTEST I :14 4 ,,I* CifL •
ACTING CITY CLERK
PASSED AND APPROVED: April 9, 7018
City Clerk’s Office Item # R-5
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
March 26, 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 AMENDING ORDINANCE 9068 RELATED TO THE
CONDITIONS OF APPROVAL FOR THE NEW HORIZONS SUBDIVISION
SUMMARY:
This Ordinance will amend Ordinance 9068 for the New Horizons Subdivision by modifying one
of the conditions of approval as it relates to undergrounding overhead electric lines.
PREVIOUS COUNCIL ACTION:
Ordinance 9068 was approved by City Council on November 28, 2017.
BACKGROUND:
Since Ordinance 9068 was approved by City Council on November 28, 2017, it was discovered
that the condition of approval to provide cash in lieu of undergrounding the overhead electric lines
was not possible. Black Hills Energy has not provided the cost estimate to underground the
overhead electric lines along Elizabeth Street; therefore, the amount that must be paid by the
subdivider is unknown. The Subdivision Review Committee recommended at their January 31,
2018 meeting, that the Ordinance should be amended to require the applicant to enter into a
deferred improvement agreement. This agreement would require the subdivider to place the
overhead electric lines underground at a later time.
FINANCIAL IMPLICATIONS:
None
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 lines 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 lines 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.
The Subdivision Review Committee at their January 31, 2018 meeting, recommended condition
1. be replaced with the following condition:
1. Provide a deferred improvement agreement for the undergrounding of the overhead
electric lines prior to the Certificate of Occupancy for the New Horizons building.
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 condition of approval would remain
and would require a payment of cash in lieu of undergrounding the overhead electric lines.
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:
Subdivision Review Committee Memo Dated 1/31/2018