HomeMy WebLinkAbout09288Reception 2110998
07/12/2018 04:08:10 PM
ORDINANCE NO. 9288
AN ORDINANCE APPROVING THE GATEWAY SUBDIVISION,
SIXTH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Gateway Subdivision, Sixth Filing, being a subdivision of land legally
described as:
A parcel of land located in the NE 1/4 of Section 14, Township 20 South, Range
65 West, of the 6th P.M., more particularly described as follows:
A resubdivision of Parcel A of the Rearrangement of Property Boundaries as filed
for record on August 31, 2007 at Reception No. 1740014 in the Pueblo County
records and Lots 6 and 7, Block 2 in Gateway Subdivision, Fifth Filing according
to the recorded plat thereof, as filed for record on March 20, 1997 at Reception No.
1161588 in the Pueblo County records.
Containing 2.32 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.
2110998 07/12/2018 04:08:10 PM
Page: 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz Clerk/Recorder Pueblo County Co
SECTION 4.
1111 ki�lNeAi4�Jtilegli'tih'J��«'I�(�'4slti4ltll��'��Ir'ti''114� 11 III
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 effecti
4 a�t0\.
``41'_
SS
� BY:INTRODUCED: May 14, 2018
Ed Brown
I ,i , MEMBER OF CITY COUNCIL
/111111111111111‘ ,� APPROVED:
c �'/ PRESIDENT OF CITY COUNCIL
ATTESTED BY. Igo `i p
CLA-414-if
ACTING CITY CLERK •
PASSED AND APPROVED: May 29, 2018
City Clerk’s Office Item # S-8
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 GATEWAY SUBDIVISION, SIXTH
FILING
SUMMARY:
The applicant is requesting to re-subdivide the 2.3 acre property, to create a two-lot
subdivision.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject site is an “L” shaped property that is located along Fortino Boulevard and
Outlook Boulevard. The original subdivision, platted in 1997, created the subject lots, Lots
4-7. In 2007 a Lot Line Rearrangement combined Lots 4 and 5 into one parcel, Parcel A.
In 2008 a condominium plat was recorded, which effectively created an illegal subdivision
by creating two parcels. In order to fix the illegal subdivision and create sellable and
buildable properties, a subdivision of the properties is required. The applicant has also
added Lots 6 and 7 to the subdivision and is proposing to create two lots. Lot 1 will front
on Fortino Boulevard, and Lot 2 will front on Outlook Boulevard.
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.
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