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Home My WebLink About09468Reception 2142113 06/12/2019 02:53:25 PM ORDINANCE NO. 9468 AN ORDINANCE APPROVING THE EAST PUEBLO HEIGHTS, 3RD FILING SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the East Pueblo Heights, 3rd Filing, being a subdivision of land legally described as: The SW 1/4 of the NW 1/4 of Section 28, Township 20 South, Range 64 West of the 6th P.M., except those portions more particularly described in Deeds recorded June 4, 1954 in Book 1238 at Page 300, recorded June 4, 1954 in Book 1238 at Page 301 and recorded May 24th, 1991 in Book 2543 at Page 972, County of Pueblo, State of Colorado. 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 2142113 06/12/2019 02:53:25 PM Page: 2 of 3 R. 23.00 De 0.00 1 23.00 Gilbert Ortiz ClerklRecorder. Pueblo County; Co UJII R YIml,' ICIIIIIMIJ +lkiIiIr POOKI44,411111 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 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. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 13, 2019 . Final adoption of Ordinance by City Council on May 2:120% ' . — thritg Presid- t • City Council 2142113 06/12/2019 02:53:25 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Action by the Mayor: VIII Per./110 l' I I ' 'ti'M '. ll !Y'1 S rit M K1'010 ti 11111 Approved on 1) _01-. ❑ Disapproved on based on the following objections: terjac-13,4434.7. 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 ❑ Council action on failed to override the Mayor's veto. ,mop President of City Council 7 ATTEST / \ 4 740 ,q Acting 'y Clerk r,/ ; , Ati5J cy.y.i City Clerk’s Office Item # R-10 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 13, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development RD SUBJECT: AN ORDINANCE APPROVING THE EAST PUEBLO HEIGHTS, 3 FILING SUBDIVISION PLAT SUMMARY: This Ordinance creates a one lot subdivision of approximately 34.32 acres generally located east of Troy Avenue, south of Oakshire Lane, and north of US Hwy 50 Bypass. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The City of Pueblo purchased the unimproved 34.32-acre parcel in the Spring of 2018. The background paper for Resolution 13934, approving the contract to buy, states “one half of the subject property is suitable for development and use as a softball field, to be used primarily by girls’ softball teams. The other half of the subject property is suitable for development for many uses, including a community solar garden.” rd The East Pueblo Heights, 3 Filing Subdivision will subdivide the 34.32-acre parcel into one lot to facilitate development of the City owned property. Development may include, but is not limited to, outdoor recreation and sports fields and community solar installation. FINANCIAL IMPLICATIONS: Public improvements totaling approximately $25,132.00, are required to be completed according to the City of Pueblo Subdivision Improvement Agreement within 180 days of any building permit issuance. The remaining public improvements will be deferred until future development phases are initiated. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 10, 2019 Regular Meeting, voted 6- 0 (Elizabeth Bailey absent) to recommend approval to City Council. 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 site will remain un-subdivided and preclude development of the site. 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 10, 2019 Public Hearing Memorandum from the Department of Public Works Dated April 16, 2019 Planning and Zoning Commission Staff Report with Exhibits