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HomeMy WebLinkAbout09254Reception 2114277 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 . vc z 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