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HomeMy WebLinkAbout09964Reception 2234651 07113/2021 03:35:12 PM ORDINANCE NO. 9964 AN ORDINANCE APPROVING THE PARKVIEW MEDICAL CENTER, CANCER CENTER SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Parkview Medical Center, Cancer Center Subdivision, being a subdivision of land legally described as: A RE-PLAT OF BLOCK 2 AND ALL OF THE SOUTH 40 FEET OF VACATED 16TH STREET BARTLETT AND MILLER'S ADDITION TO PUEBLO, LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., CITY OF PUEBLO, PUEBLO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A REFERENCE MONUMENT TO THE SOUTHWEST CORNER OF BLOCK 2 FROM WHENCE A REFERENCE MONUMENT TO THE SOUTHEAST CORNER OF BLOCK 2 BEARS N 89°12'46" E A DISTANCE OF 431.34' (SAID BEARING BEING THE BASIS OF BEARING FOR THIS DESCRIPTION AND ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE N 44°04'48" E, A DISTANCE OF 42.33' TO THE POINT OF BEGINNING FOR THIS TRACT OF LAND AND ALSO BEING THE SOUTHWEST CORNER OF SAID BLOCK 2; THENCE N 01°03'10" W ALONG THE WEST LINE OF SAID BLOCK 2, A DISTANCE OF 296.64' TO A POINT ON THE CENTERLINE OF 16TH AVENUE AS VACATED; THENCE N 89°13'12" E ALONG THE CENTERLINE OF 16TH AVENUE AS VACATED, A DISTANCE OF 350.05' TO A POINT ON THE EAST LINE OF BLOCK 2 EXTENDED; THENCE S 01°16'46" E ALONG THE EAST LINE OF BLOCK 2 EXTENDED, A DISTANCE OF 296.60' TO THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE S 89°12'46" W ALONG THE SOUTH LINE OF SAID BLOCK 2, A DISTANCE OF 351.22' TO THE SOUTHWEST CORNER OF SAID BLOCK 2 AND BEING THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING A CALCULATED AREA OF 104,002 SQ, FT. OR 2.388 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. 2234651 07/13/2021 03:35'.12 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 6ilbe, t Ortiz Clerk/Recorder, Pueblo County, Co dill KAlNI IICll'krs;,9110111nl th'jil M�� BM II 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. 2234651 07/13/2021 03:35:12 PM Page: 3 pf 3 R 23,00 D 0.00 T 23.00 Gilbert 9OrttizLC;eErk/Reeccorder Pueblo Coountty, Co` SECTION 6. VIII 1�1w�11�l� lel nl1 ill r�I �I1rI�11 111111�Ar i�I11JutY11 ,1 III 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 June 28, 2021 . Final adoption of Ordinance by City Council on July 12, 2021 LAL) aerTEGG4b. resident of City Council Action by the Mayor: Approved on ?^/42 - ?ø / . ❑ 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's veto. 0 Ordinance re-adopted on a vote of , on ❑ Council action on failed to override the Mayor's veto. *O, ,1 " t � 7resident of City Council /41 4[:". /IL/ ATTEST , 1 • i Cit Cleri \ '. -1�// City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: June 28, 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 PARKVIEW MEDICAL CENTER, CANCER CENTER SUBDIVISION SUMMARY: The applicant is requesting to re-subdivide Lots 1-16, Block 2, Barlett and Miller’s Addition, into one lot to facilitate development of the Parkview Medical Center Cancer Treatment Facility. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Parkview Medical Center intends to construct a new 37,719 square foot, three-story, medical office and cancer treatment facility located at 525 West 15th, replacing the Scottish Rite Temple, which has historic integrity but was never placed on the Pueblo Inventory of Cultural Resources, Colorado State Register of Historic Properties, or the National Register of Historic Properties. Current subdivision regulations prohibit commercial properties from being constructed over interior lot lines; because of this, the original 16 lots must be re-subdivided into one lot to accommodate the approval of a building permit for the Parkview Medical Center Cancer Treatment Facility. The Parkview Medical Center PUD does not include minimum lot areas or lot widths within the Parkview Medical Center Development Guide. The proposed lot is 350 feet by 296 feet which exceeds the minimum lot width and area for all commercial, industrial, and residential zone district standards. According to the Pueblo Regional Comprehensive Plan, Parkview Medical Center is in an Institutional Mixed-Use future land use area. A medical campus is permitted in this land use classification. As proposed, the subdivision is consistent with the Pueblo Regional Comprehensive Plan. 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 February 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 February 10, 2021 Public Hearing Plat Redlines from the Department of Public Works from February 5, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits ORDINANCE NO. 9964 AN ORDINANCE APPROVING THE PARKVIEW MEDICAL CENTER, CANCER CENTER SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Parkview Medical Center, Cancer Center Subdivision, being a subdivision of land legally described as: A RE-PLAT OF BLOCK 2 AND ALL OF THE SOUTH 40 FEET OF VACATED 16TH STREET BARTLETT AND MILLER'S ADDITION TO PUEBLO, LOCATED IN THE SW 1/4 OF THE NE 1/4 OF SECTION 20, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH P.M., CITY OF PUEBLO, PUEBLO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A REFERENCE MONUMENT TO THE SOUTHWEST CORNER OF BLOCK 2 FROM WHENCE A REFERENCE MONUMENT TO THE SOUTHEAST CORNER OF BLOCK 2 BEARS N 89°12'46" E A DISTANCE OF 431.34' (SAID BEARING BEING THE BASIS OF BEARING FOR THIS DESCRIPTION AND ALL OTHER BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE N 44°04'48" E, A DISTANCE OF 42.33' TO THE POINT OF BEGINNING FOR THIS TRACT OF LAND AND ALSO BEING THE SOUTHWEST CORNER OF SAID BLOCK 2; THENCE N 01°03'10" W ALONG THE WEST LINE OF SAID BLOCK 2, A DISTANCE OF 296.64' TO A POINT ON THE CENTERLINE OF 16TH AVENUE AS VACATED; THENCE N 89°13'12" E ALONG THE CENTERLINE OF 16TH AVENUE AS VACATED, A DISTANCE OF 350.05' TO A POINT ON THE EAST LINE OF BLOCK 2 EXTENDED; THENCE S 01°16'46" E ALONG THE EAST LINE OF BLOCK 2 EXTENDED, A DISTANCE OF 296.60' TO THE SOUTHEAST CORNER OF SAID BLOCK 2; THENCE S 89°12'46" W ALONG THE SOUTH LINE OF SAID BLOCK 2, A DISTANCE OF 351.22' TO THE SOUTHWEST CORNER OF SAID BLOCK 2 AND BEING THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINING A CALCULATED AREA OF 104,002 SQ, FT. OR 2.388 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-l0-l0l, 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. 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 June 28, 2021 . Final adoption of Ordinance by City Council on July 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on July 12, 2021 . □ 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'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 Clerk