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Home My WebLink About09925Reception 2257455 12/21/2021 12:34:18 PM III ORDINANCE NO. 9925 AN ORDINANCE APPROVING THE PUEBLO CHRISTIAN CENTER SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pueblo Christian Center Subdivision, being a subdivision of land legally described as: That PUEBLO CHRISTIAN CENTER FIRST ASSEMBLY OF GOD, INC. a Colorado Corporation, being the sole owner of the following property, to wit: A CERTAIN PARCEL OF LAND BEING A PORTION OF E '/2 OF THE NE ''A OF SECTION 9, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE SAID E '/2 OF THE NE % OF SECTION 9, AT ITS INTERSECTION WITH THE SOUTH LINE OF LEHIGH AVENUE, AS PLATTED IN SUNSET PARK 24TH FILING, ACCORDING TO THE RECORDED PLAT THEREOF, IF SAID SOUTH LINE WERE EXTENDED WESTERLY; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LEHIGH AVENUE IF EXTENDED, A DISTANCE OF 800.00 FEET; THENCE SOUTHERLY, AND PARALLEL WITH THE EAST LINE OF THE SAID E '/2 OF THE NE 4 OF SECTION 9, A DISTANCE OF 987.47 FEET, TO A POINT 660 FEET NORTH OF THE SOUTH LIN E OF SAID E 1/2 OF THE NE 'A THENCE EASTERLY, PARALLEL TO THE SAID SOUTH LINE OF THE E '/2 OF THE NE '''A. A DISTANCE OF 140.20 FEET; THENCE NORTHERLY, AND PARALLEL WITH THE EAST LINE OF THE SAID E '/2 OF THE NE '''A A DISTANCE OF 660 FEET, THENCE EASTERLY, AND PARALLEL WITH THE SOUTH LINE OF THE SAID E 1/2 OF THE NE 4 A DISTANCE OF 660 FEET, TO THE EAST LINE OF THE SAID E '/2 OF THE NE ''A THENCE NORTHERLY ALONG THE EAST LINE OF THE SAID E '/2 OF THE NE '''A, A DISTANCE OF 343.13 FEET, TO THE POINT OF BEGINNING. 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. 2257455 12/21/2021 12:31.48 PM Page 2 of 3 R 23.00 D 0.00 T 23 00 Gi'.bc-t 'Ortiz Clerk-Reccrder. Pueblo County, Co 11111 RIVITIFor f lAti �!" or RV I',iv II I 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. 2257455 12/21/2021 12:31'48 P"1 Rage: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert OrI17 Clerk/Recorder , Pueblo County; Co SECTION 6. VIII l".rtM■il!Ortri 10,11 111; 2I11F',N6i iiiicyi iI II 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 April 26, 2021 . Final adoption of Ordinance by City Council on May 17, 2021 t l�Jt, lf...3, President of City Council Action by the Mayor: Approved on "Aid? aG / ❑ Disapproved on based on the following objections: i/lmeseviddC 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. President of City Council ATTEST City City Clerk’s Office Item # R-8 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: April 26, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE PUEBLO CHRISTIAN CENTER SUBDIVISION SUMMARY: The applicant is requesting to subdivide a 356,805 square foot (8.19-acre) parcel of land into three lots to facilitate development of a telecommunication cell tower facility. The property is generally located west of South Pueblo Boulevard and south of Lehigh Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located west of South Pueblo Boulevard and south of Lehigh Avenue. The applicant is proposing Subdivision of a 356,805 square foot (8.19-acre) parcel of land into three lots to facilitate development of a telecommunication cell tower facility. The proposed Lot 1 is 171,997 square feet (3.95-acres) and is the site of the existing Pueblo Christian Center Church (“Church”) and associated parking lots. The proposed Lot 2 is 96,484 square feet (2.22-acres) and is currently developed with a baseball field and playground associated with Church activities. The telecommunications company is proposing to lease a 2,500 square foot area on Lot 2 to the south of the baseball field and east of the playground. The proposed Lot 3 is 88,324 square feet (2.03- acres) sits to the west of the Pueblo Athletic Club and to the east of the Regency Park residential development and extends south to Glenroyal Drive. Lot 3 is currently undeveloped and there are no proposed plans for development. 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 March 10, 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 March 10, 2021 Public Hearing Memorandum from the Department of Public Works Dated April 13, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits