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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. 2109157 06/21/2018 02:26:46 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co ■III PI'ar l:WI4tiII I,IIINIM�iii V1'4161E14, 11111 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 r j ;1 y PR " 1ENT OF CITY COUNCIL r ATTES t D : 5,, •.' '- - ` --,' " E .ACTING CITY CL`s K 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