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
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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
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Gilbert 9OrttizLC;eErk/Reeccorder Pueblo Coountty, Co`
SECTION 6.
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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
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ATTEST
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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