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Home My WebLink About09286Reception 2110994 07/12/2018 04:01:59 PM ORDINANCE NO. 9286 AN ORDINANCE APPROVING THE WAREHOUSES, INC SUBDIVISION AMENDMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Warehouses, Inc Subdivision Amendment, being a subdivision of land legally described as: LOT 1, WAREHOUSES, INC. SUBDIVISION, EXCEPT THAT PORTION OF SUBJECT PROPERTY CONVEYED BY DEED RECORDED APRIL 2, 1999 AT RECEPTION NO. 1271418, AND TOGETHER WITH THAT PORTION OF VACATED FRONTAGE ROAD AS VACATED BY ORDINANCE RECORDED MAY 10, 1999 AT RECEPTION NO. 1278727 AND AS SHOWN ON STREET VACATION MAP RECORDED MAY 10, 1999 AT RECEPTION NO. 1278728, COUNTY OF PUEBLO, STATE OF COLORADO SAID PARCELS CONTAINS 4.63 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. 2110994 07/12/2018 04:01:59 Pi1 Page' 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder Pueblo County, uo SECTION 4. ■III Nrer iftlf�w'rile l'i'1 Rti�V f Iti 600.i iii, 111 II1 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 Stormwater Utility will require detention and water quality for this site. A drainage report, detention design, and water quality design will be required at the time of site development or further subdivision, whichever comes first. Furthermore, a building permit will not be issued until this requirement is met. 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 the subdivision or be acquired until this Ordinance becomes effective. �v3L Go' '®14 k ! f, to IQ,,\ INTRODUCED: . May 14, 2018 ,-,, i u �� 4,a c �, BY: Ed Brown \�,�I,moccitizto . MEMBER OF CITY COUNCIL =�!yrrar- APPROVED: ' � � n �Iid ��o __( ; _.....,.._ PRESIDENT OF CITY COUNCIL ATTESTED B ` &aa .i. o I. kAA•- - ACTING CITY CLERK PASSED AND APPROVED: May 29, 2018 City Clerk’s Office Item # S-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 14, 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 WAREHOUSES, INC SUBDIVISION AMENDMENT SUMMARY: The applicant is requesting to amend the original Warehouses, Inc Subdivision to create two legally created lots. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject site is located to the south of US Highway 50 West, just west of Baltimore Avenue. In 1999, a 60’ (foot) right-of-way, for roadway purposes was deeded to the City of Pueblo, by Reception Number 1278728. This area was then used to construct Kachina Boulevard. The dedication of the right-of-way effectively split Lot 1, Warehouses, Inc Subdivision into two separate lots; however, these lots cannot be sold until the properties are legally subdivided. Staff determined that Title 12 of the Pueblo Municipal Code allows for a subdivision amendment to be approved creating two separate lots in the subdivision since the right-of-way dedication splitting the property was for roadway purposes. 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 April 11, 2018 Regular Meeting, voted 7- 0 to recommend approval of the proposed application and waiver request, with the following condition of approval: 1. The Stormwater Utility will require detention and water quality for this site. A drainage report, detention design, and water quality design will be required at the time of site development or further subdivision, whichever comes first. Furthermore, a building permit will not be issued until this requirement is met. 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 April 11, 2018 Public Hearing Memorandum from the Department of Public Works Dated April 26, 2018 Planning and Zoning Commission Staff Report with Exhibits