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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