HomeMy WebLinkAbout09265Reception 2109157
06/21/2018 02:26:46 PM
ORDINANCE NO. 9265
AN ORDINANCE APPROVING THE ASPEN ESTATES
SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Aspen Estates, being a subdivision of land legally described as:
The West 477 Feet of the North 209 Feet of Lot 2, of Ormandale, a
resubdivision of the former Subdivision of Ormandale, According to the Plat
thereof, filed for record February 25, 1927 under reception No. 400133 in
Book 11 of Plats on Page 57 of the Pueblo County Records, County of
Pueblo, State of Colorado.
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.
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Gilbert Ortiz Clerk/Recorder; Pueblo County, Co
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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.
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.
INTRODUCED: April 9, 2018
BY: : .w•
„,'j, ME - : 1•F ITY COUNCIL
'
4./1 ° ) APPROVED: i
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j ;1 y PR " 1ENT OF CITY COUNCIL
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ATTES t D : 5,, •.' '- -
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PASSED AND APPROVED: April 23, 2018
City Clerk’s Office Item # R-8
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: April 9, 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 ASPEN ESTATES SUBDIVISION
PLAT
SUMMARY:
The applicant is requesting to subdivide the 2.158-acre property into two (2) lots.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The proposed subdivision is a re-subdivision of a portion of Lot 2, Ormandale Subdivision,
recorded in 1929. The applicant is requesting to subdivide the property to create two (2)
lots to facilitate low intensity industrial development. The site is currently developed with
an auto body shop located in the north west corner of what is proposed to be Lot 1. Lot
2 will be reserved for future development that is compatible with the neighborhood and
existing development. The proposed Subdivision conforms with the applicable Municipal
Codes. Access to both lots will come from Alma Avenue, adjacent to Lot 1. The proposed
plat includes a 24-foot Private Ingress/Egress Easement, which will provide access to Lot
2 from Alma 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 March 14, 2018 Regular Meeting, voted
7-0 to recommend approval.
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 March 14, 2018 Public
Hearing
Memorandum from the Department of Public Works Dated March 26, 2017
Planning and Zoning Commission Staff Report with Exhibits