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Home My WebLink About09295Reception 2109159 06/21/2018 02:35:53 PM ORDINANCE NO. 9295 AN ORDINANCE APPROVING THE VAQUERO SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Vaquero Subdivision, being a subdivision of land legally described as: Lots 21 to 36 Inclusive, Block 3, ADEE CHAMBERLIN & WILEY'S SUBDIVISION 2ND FILING (Reception No. 863392, Pueblo County, Colorado records), in the City of Pueblo, Pueblo County, Colorado; TOGETHER WITH Lots 27 to 39 Inclusive and the East 25 feet of Lot 40, Block 70, ROSEDELL SUBDIVISION 2ND FILING (Reception No. 32061, Pueblo County, Colorado records), in the City of Pueblo, Pueblo County, Colorado; Containing 1.04 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. 2109159 06/21/2018 02:35:53 PM Page. 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder Pueblo County; Co SECTION 4. IIIII Mir I' 1Lf��'I,I��',f�4��:��h'�r�C�II'��x��l�L �� I 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 effective. f i °� ' INTRODUCED: MAY 29, 2018 od o4, c.7 )91� c BY: Ed Brown `\,1 i1/ MEMB Y COUNCIL R!!,�/016 APPROVED: 1 ' � � SIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: June 11, 2018 City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 29, 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 VAQUERO SUBDIVISION SUMMARY: The applicant is requesting to re-subdivide the 1.04-acre property, to create a one-lot subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: th The subject site is a two-parcel property that is at the northeast corner of West 18 Street and Lambert Avenue. The southern portion of the property, Lots 12 through 36, Block 3, Adee nd Chamberlin and Wiley’s Subdivision, 2 Filing, was platted in 1889. These lots were platted at approximately 25’ (feet) wide, and 65’ (feet) deep, due to the section line along the north of these lots. The northern portion of the property, Lots 27 through 39, and part of Lot 40, Block 70, Rosedell Subdivision, was platted in 1950. These lots were platted at approximately 25’ (feet) wide as well, and 55’ (feet) deep. Together, the lots from the two subdivisions created a buildable th area that was 100’ (feet) from West 18 Street to the alley. Prior to the subdivision regulations created in 1972, combining smaller lots into a buildable parcel was permitted. Building over lot lines is no longer permitted; therefore, the applicant is now required to re-subdivide the property to eliminate the lot lines, creating a new buildable lot to facilitate the development of a new commercial facility. An overhead electric utility line runs on the north of the alley and through the property, feeding power to the street light. The existing overhead service line feeding power to the street light will be removed upon building construction. 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 May 9, 2018 Regular Meeting, voted 5-0 to recommend approval (Eslinger and Lucas absent). 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 May 9, 2018 Public Hearing Memorandum from the Department of Public Works Dated May 15, 2017 Planning and Zoning Commission Staff Report with Exhibits