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Home My WebLink About09313 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: July 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 JDA SUBDIVISION SUMMARY: The applicant is requesting to subdivide the 3.48-acre property to create a one-lot subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject site is a two-parcel property that is located along and north of Chinook Lane, and west of Bonforte Boulevard. The properties front Chinook Lane which borders US-50 B along the southern boundary. The proposed subdivision will facilitate the development of a new self-storage facility. Access to the property will be limited to the frontage road, Chinook Lane. The southern portion of the site was once developed for commercial use and the foundation of the commercial structure still exists on site. This portion of the site began the subdivision process in 2010, but did not finalize the subdivision; therefore, it remains unsubdivided land. The northern portion of the property is unplanted and appears to have never been developed. The proposed use of the property, self-storage, is allowed upon issuance of a Special Use Permit. The applicant will be required to obtain the Permit prior to beginning construction on the property. An overhead electric utility line runs parallel with the eastern property line. The line is a 69,000 Volt transmission line. Since it is over 30,000 Volts, City regulations do not require it to be placed underground (Section 12-4-7 (6) a., Pueblo Municipal Code). All landscaping will be addressed at the time of Commercial Development through the commercial review process. 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, 5-0 (Commissioners Eslinger and Lucas absent) to recommend approval with the following conditions of approval: 1. Provide a revised plat and supplemental plan in accordance with all subdivision requirements, to be reviewed and approved by the Director of Public Works prior to the case being scheduled for City Council. 2. On the plat, clearly define the boundaries of the public drainage easement and the private detention easement. 3. Move the dedication statements to the “Dedications” section of the plat. All conditions of approval have been completed by the applicant. 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 June 21, 2018 Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9313 AN ORDINANCE APPROVING THE JDA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the JDA Subdivision, being a subdivision of land legally described as: PARCEL A: A portion of the NE1/4 of the NW1/4 of Section 30, Township 20 South, Range 64 th West, of the 6 Principal Meridian, lying North of the Northerly Line of the property deeded to the Department of Highways, State of Colorado, by Deed Recorded July 23, 1954 in Book 1242 at Page 379, said portion being more particularly described as follows: Beginning at the NE corner of the NW1/4 of said Section30; Thence South along the East line of said NW1/4 to the Northerly line of said property Deeded to the Department of Highways, State of Colorado; Thence Northwesterly along the Northerly line of the Parcel Deeded to the Department of Highways, State of Colorado, 300 Feet; Thence North 00° 13’ West to the North Line of said Section 30; Thence East along the North line of said Section 30 to the Point of Beginning, County of Pueblo, State of Colorado. PARCEL B: A certain parcel of land situated in the SE1/4 of the SW1/4 of Section 19, Township th 20 South, Range 64 West, of the 6 Principal Meridian, more particularly described as follows: Beginning at the Southeast Corner of the said SE1/4 of the SW1/4; Thence N 89° 03’ 00” W along the South line of said Section 19, a distance of 617 Feet; Thence N 00° 57’ E, a distance of 30 Feet; Thence N 63° 43’ 10” E, a distance of 688.13 Feet more or less to a point on the East line of said SE1/4 of the SW1/4; Thence S 01° 13’ 40” E along the said East line of said SE1/4 of the SW1/4 a distance of 345 Feet to the Point of Beginning, County of Pueblo, State of Colorado. Said Parcels contain 3.48 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-l0-l0l, 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. 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 July 9, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: July 23, 2018