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Home My WebLink About09883Reception 2219992 04/02/2021 02:10:33 PM ORDINANCE NO. 9883 AN ORDINANCE APPROVING THE COLE-SMITH SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Cole-Smith Subdivision, being a subdivision of land legally described as: A parcel of land being a portion of the NE 1/4 of the NW '/4 and the W 1/2 of the NE 1/4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the NE corner of Doud Subdivision, according to the recorded plat thereof filed for record December 22, 2016 at Reception Number 2057202 in the records of the Pueblo County Clerk and Recorder; thence S 74°51'45"W (Bearings based on the centerline of Elizabeth Street between the No. 6 rebar with 2 1/2" Aluminum Cap PLS 16128 in cast iron monument box marking the north end of curve near the NE corner of Eaglecross Subdivision Fourth Filing recorded at Reception Number 1256096 in the Pueblo County Records northerly to the No. 6 rebar with 2 'h" Aluminum Cap PLS 16128 in cast iron monument box marking the beginning of curve to bear N 15°08'15"W) (S 74°51'20"W Plat) along the north line of said Doud Subdivision, a distance of 270.64 feet to the NW corner of said Doud Subdivision and a point on the east line of Skyview Subdivision according to the recorded plat thereof filed for record November 5, 1980 at Reception Number 649798 in the records of the Pueblo County Clerk and Recorder; thence N 10°33'04"W (N 09°04'39"W Plat) along said east line of Skyview Subdivision a distance of 250.41 feet to the NE corner of said Skyview Subdivision; thence N 21°56'29"W a distance of 77.66 feet; thence N 70°45'21"E a distance of 258.30 feet to a point on the said westerly right of way line of Elizabeth Street; thence along the arc of a non-tangent curve to the right whose center bears S 70°45'21"W and having a central angle of 04°06'24" and a radius of 850.00' a distance of 60.92 feet; thence S 15°08'15"E along said westerly right of way line a distance of 284.37 feet to the POINT OF BEGINNING; Said parcel contains 2.00 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. 22199922 04/02/2021 02:10:33 PM Paye: 2 cf 3 R 23.00 D 0.00 7 23.00 Gilbert th '.i > erk/Recorder. P,aeblo Couint, Co ■ill f1f rryis :IC'ti"r4 r Will,412 I Oil 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 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. 22193J2 04/02,2.021 02:10:33 PM Page: 3 of 3 P 23.00 0 0.00 T 23.00 Gilbert Ortiz Cle k;Pe-:order Pueblo Count ' o Ill II 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 February 8, 2021. Final adoption of Ordinance by City Council on February 22, 2021. c„) resident of City Council Action by the Mayor: Approved on p•Azi- g-eut El Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ❑ Council did not act to override the Mayor'sveto. ❑ Ordinance re-adopted on a vote of , on El Council action on failed to override the Mayor's veto. o {d • •;dent of City Council ATTEST r� ,�'�' ' fb aa City Clerk V50040�" m " 4/ City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 8, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE COLE-SMITH SUBDIVISION SUMMARY: The applicant is requesting to subdivide an 87,120 square foot (2-acre) parcel of land into two lots to facilitate commercial development. The property is generally located west of Elizabeth Street and north of Lot 1 Doud Subdivision. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located west of Elizabeth Street and north of Lot 1 Doud Subdivision. The applicant is proposing a Subdivision of an 87,120 square foot (2 acre) parcel of land into two lots to facilitate commercial development. The applicant is concurrently requesting to rezone 24,394 square feet of the 87,120 square foot subdivision, from A-1, Agriculture 1 to B-3, Highway and Arterial Business. The proposed subdivision will accommodate two commercial lots and shared access easements. The proposed parcels comply with the Outlook East Master Development Plan (MP-02-02 approved August 14, 2002) which designates the parcel for Arterial Commercial Mixed Use. The lots comply with the minimum lot widths and size for the B- 3, Highway and Arterial Business Zone District. 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 January 13, 2021 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. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be resubdivided which will impede 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: Proposed Ordinance Minutes of the Planning and Zoning Commission January 13, 2021 Public Hearing Memorandum from the Department of Public Works Dated January 20, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits