HomeMy WebLinkAbout09346Reception 2121056
10/25/2018 03:41:17 PM
ORDINANCE NO. 9346
AN ORDINANCE APPROVING THE PARKVIEW SANTA FE
CAMPUS SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Parkview Santa Fe Campus Subdivision, being a subdivision
of land legally described as:
A parcel of land located in a portion of the W 1/2 of the SW 1/4 of Section 30,
Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo
and State of Colorado and to include what is the property described in
Warranty Deed filed for record on May 18, 2016 at Reception No. 2037334,
and to include what is the property described in Warranty Deed filed for
record on October 1, 2010 at Reception No. 1854903, and to include what
is the property described in the Warranty Deed filed for record on April 28,
2016 at Reception No. 2035413, and to include what is the property
described in Warranty Deed filed for record on May 3, 2016 at Reception
No. 2035739, and to include what is the property described in Warranty
Deed filed for record on July 29, 2016 at Reception No. 2044040, and to
include all of the vacated 11th Street located east of the easterly Right-of-
Way line of Santa Fe Avenue and west of the westerly Right-of-Way line of
Albany Avenue as presently located, and to include all of the vacated 12th
Street located east of the easterly Right-of-Way line of Santa Fe Avenue
and west of the westerly Right-of-Way line of Albany Avenue as presently
located; and being more particularly described as follows:
Considering the Monument line of the W 1/2 of the SW 1/4 to bear N. 01° 27'
26" W. and all bearings contained herein being relative thereto.
Commencing at the monument box located at the intersection of Santa Fe
Avenue and 12th Street; thence N. 19° 02' 48" E. a distance of 200.68 feet
to the Point of Beginning on the easterly right-of-way line of Santa Fe
Avenue as presently located; thence N. 88° 34' 25" E. a distance of 352.71
feet; thence S. 01° 23' 11" E. a distance of 493.90 feet; thence S. 01° 20'
21" E. a distance of 80.00 feet; thence S. 01° 20' 39" E. a distance of 206.84
feet; thence S. 88° 34' 54" W. a distance of 231.98 feet; thence S. 01° 25'
11" E. a distance of 26.90 feet; thence S. 39° 35' 22"W. a distance of 30.48
feet; thence S. 88° 34' 54" W. a distance of 100.00 feet; thence N. 01° 25'
11" W. a distance of 256.61 feet; thence N. 01° 28' 14" W. a distance of
80.00 feet; thence N. 01° 27' 26" W. a distance of 255.98 feet; thence N.
01° 25' 26" W. a distance of 80.00 feet; thence N. 01° 22' 07" W. a distance
of 158.00 feet to the Point of Beginning.
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
■III 14I:41 II II
Containing 6.45 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.
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.
The subdivision is approved with the following condition:
1. The subdivision Improvements Agreement for the Subdivision shall require all
overhead electric lines that are shown on the exhibit (even those shown to remain)
to be underground prior to any CO approval for any building permit on the property.
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Gilbert Ortiz Clerk/Recorder. Pueblo County, Co
SECTION 6.
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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 to the subdivision or be acquired until this Ordinance becomes
effective.
o °.q INTRODUCED: September 10, 2018
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► ��.- MEM. R OF � T • -UNCIL
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ACTING CITY CLERK4
PASSED AND APPROVED: September 24, 2018
City Clerk’s Office Item # T-4
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 10, 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 PARKVIEW SANTA FE CAMPUS
SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide the 6.45-acre property, to create a three-lot subdivision.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
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The subject property is located between Santa Fe Avenue and Albany Avenue, south of 13
Street. The applicant is requesting to combine the six (6) existing parcels into three (3) lots for
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future development. Concurrently, the applicant is also requesting to vacate 11 Street and 12
Street, to enable them to combine the streets into their property. With the subdivision, the
applicant is required to underground the overhead electric lines adjacent to and within the property
being subdivided. The applicant has requested a waiver from this requirement; however, the
Subdivision Review Committee is recommending denial of the request. With any building permits,
the property owner will be required to bring the entire site into compliance with the commercial
standards, which includes landscaping the property according to the Landscape Code, provide
parking sufficient for the new building, public improvements and Stormwater improvements
associated with the new building. As a requirement of staff, the applicant has added a note on
the plat stating that at the time of building permit or prior to final acceptance for any addition or
new structure on Lot 1 or Lot 2, detention and water quality shall be designed and installed per
the City of Pueblo’s drainage criteria for the entire lot or lots.
At this point, Albany Avenue directly east of this property has not been designed but must remain
as an active street. With this Subdivision, prior to the plat being recorded, the applicant must
either provide a deferred improvement agreement or deposit with the City ½ of the cost of Albany
Avenue improvements. Because Albany will remain in its current configuration, staff is requiring
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reservation of public access on the vacated portion of 12 Street. Upon connection of Albany with
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13 Street, the access will be allowed to be removed from the reservation; however, reservation
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will be required allowing for the utilities located within 12 Street to remain.
FINANCIAL IMPLICATIONS:
The approval of this subdivision plat will not have any immediate financial impact to the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 11, 2017 Regular Meeting, 5-0-2
(Commissioners Eslinger and Council Person Schilling abstained) to recommend approval with
the following conditions of approval:
Planning:
1. Prior to the first CO approval for any building permit on the property, all overhead electric
lines that are shown on the exhibit (even those shown to remain) must be undergrounded.
Public Works:
2. A water tap and sanitary sewer tap must be provided to each lot within the subdivision.
Existing taps and services may work but will need to be clearly shown and dimensioned
on the Utility Plan.
Stormwater:
(see attached memorandum from Melanie Turner, dated 9/28/17):
These items must be addressed before being scheduled for City Council.
Plat requirements:
3. Dedicate the detention easement for private (not public) use.
4. In the maintenance statement, refer to “detention” facility and “detention” easement.
5. Eliminate the public dedication (per J. Bailey).
Supplemental and Utility maps
6. Show and label all existing Stormwater inlets and pipes (typical, all sheets).
Conditions of approval 2 through 6 have been completed by the applicant. Condition 1 shall
continue into the Ordinance approving the subdivision.
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 October 11, 2017 Public
Hearing
Memorandum from the Department of Public Works Dated August 21, 2018
Planning and Zoning Commission Staff Report with Exhibits