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Home My WebLink About09411Reception 2135300 04/05/2019 11:54:21 HM ORDINANCE NO. 9411 AN ORDINANCE APPROVING THE OUTLOOK CENTER SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Outlook Center Subdivision, being a subdivision of land legally described as: The Common Elements in Outlook Center Condominiums, according to the plat recorded December 20, 2007 in Map Book 0 at Page 40, under Reception No. 1752325, and as recorded March 7, 2008 in Map Book 0 at Page 42, under Reception No. 1761032, and as recorded on the filed plat for Outlook Center Condominium Map Amended recorded August 4, 2008, in Map Book 0 at Page 43, under Reception No. 1777633, County of Pueblo, State of Colorado. AND The Remainder of Out Parcel, Outlook Center Condominiums, according to the plat recorded December 20, 2007 in Map Book 0 at Page 40, under Reception No. 1752325, and as recorded March 7, 2008 in Map Book 0 at Page 42, under Reception No. 1761032, and as recorded on the filed plat for Outlook Center Condominium Map Amended recorded August 4, 2008, in Map Book 0 at Page 43, under Reception No. 1777633, County of Pueblo, State of Colorado. Said above described parcels are also known as Lot 1, Block 10, Eagleridge Estates, Filing No. 2, according to the plat recorded August 23, 2006 in Map Book E at Page 208, under Reception No.1690203, and as recorded November 16, 2006, in Map Book E at Page 211, under Reception No. 1702445, County of Pueblo State of Colorado. Containing 9.50 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. 2135300 04/05/2019 11 :54:21 AM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk,Recorder. Pueblo County. Co ■III P1rrEr;I 4G+Irl'KIVIARMIChi:iilrh III II 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. This Ordinance shall be approved upon final action by the Mayor and City Council 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. Action by City Council: Introduced and initial adoption of Ordinance by City Council on January 28, 2019 . Final adoption of Ordinance by City Council on Feb/uar 11, 2019 Presi•-n •,f City Council 2135300 04/05/2019 11:54:21 RM Pagge' 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Action by the Mayor: 1111 Ililrgiai:filYIVINfi lik N All Vriltf iriilikii 5 II Approved on .02'n- 8.O) 7 . ❑ Disapproved on based on the following objections: 9(..A46/ 7 Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor's veto. ❑ Ordinance re-adopted on a vote of , on 0 Council action on failed to override the Mayor's veto. President of City Council ATTEST /'o•C k I' ' .4/ \-eurvia_ 0...)Liv,A,,,:r /7 tc, %, \A;-,,-, ,,- tfi Acting City Clerk , 2 40- "'a wow City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: January 28, 2019 TO: President Dennis E. Flores 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 OUTLOOK CENTER SUBDIVISION SUMMARY: The applicant is requesting to subdivide the 9.5-acre property to create a six-lot subdivision with a public ingress/egress easement for access through the site. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject site is a single-parcel property that is located along Eagleridge Boulevard, between Outlook Boulevard and Fire Station No. 2. The ownership of the existing building and property was split upon the creation of the Outlook Center Condominium Map Amended. The proposed subdivision split the property into six (6) commercial lots for future development. The rear portion of the property is currently used for a regional drainage facility. Currently a drainage easement is existing along that area, and with this subdivision, an additional public trail easement has been added to this area. Access to this property is existing from Eagleridge Boulevard, south of Lot 1. The remainder of the property frontage has been designated as “No Vehicular Access”. A 30-foot-wide public utility, drainage and ingress/egress easement has been designated through the property, to provide access to all lots within the subdivision. 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 October 10, 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 October 10, 2018 Public Hearing Memorandum from the Department of Public Works Dated January 4, 2019 Planning and Zoning Commission Staff Report with Exhibits