HomeMy WebLinkAbout10193ORDINANCE NO. 10193
AN ORDINANCE APPROVING THE RIVER’S RUN SUBDIVISION
1ST AMENDMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
st
The final plat of the River’s Run Subdivision 1 Amendment, being a subdivision of land
legally described as:
A TRACT OF LAND BEING LOTS 1 THOUGH 8, BLOCK 1, INCLUSIVE AND A
PORTION OF FIR STREET AS PLATTED IN RIVER'S RUN SUBDIVISION, AS
RECORDED UNDER RECEPTION NUMBER 1651798, RECORDS OF PUEBLO
COUNTY, COLORADO, BEING A PORTION OF THE SOUTHEAST QUARTER
OF SECTION 31 AND A PORTION OF THE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO.
BASIS OF BEARINGS: THE COURSE BETWEEN THE SOUTHWEST
QUARTER OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF
PLUG AND TACK IN A STONE, IN A CAST IRON MONUMENT BOX, AND A
NO.7 REBAR KNOWN AS PUEBLO COUNTY GPS MONUMENT NO. 7, WHICH
IS ASSUMED TO BEAR S04°32'49”E.
COMMENCING AT THE POINT OF BEGINNING AS SHOWN ON THE PLAT OF
RIVER'S RUN SUBDIVISION, AS RECORDED UNDER RECEPTION NUMBER
1651798, RECORDS OF PUEBLO COUNTY, COLORADO, SAID POINT BEING
AND ANGLE POINT ON THE WESTERLY BOUNDARY LINE OF SAID RIVER'S
RUN SUBDIVISION, SAID POINT BEING THE POINT OF BEGINNING; THENCE
ON THE BOUNDARY OF SAID RIVER'S RUN SUBDIVISION THE FOLLOWING
ELEVEN (11) COURSES:
1. N34°23'10”W, A DISTANCE OF 93.15 FEET;
2. N69°44'22”W, A DISTANCE OF 370.01 FEET;
3. N66°30'50”W, A DISTANCE OF 89.17 FEET;
4. N75°20'09”W, A DISTANCE OF 53.30 FEET;
5. N61°45'08”W, A DISTANCE OF 232.68 FEET;
6. N34°42'14”W, A DISTANCE OF 94.24 FEET;
7. N09°37'55”W, A DISTANCE OF 257.91 FEET;
8. N09°52'53”W, A DISTANCE OF 80.62 FEET;
9. N02°45'22”W, A DISTANCE OF 266.08 FEET;
10. N87°14'15”E, A DISTANCE OF 53.34 FEET TO A POINT OF CURVE;
11. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 17°20'29”, A
RADIUS OF 220.00 FEET; A DISTANCE OF 66.59 FEET TO A POINT ON
CURVE, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF
FIR STREET AS PLATTED IN SAID RIVER'S RUN SUBDIVISION;
THENCE ON SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO (2)
COURSES:
1. CONTINUING ON SAID CURVE TO THE RIGHT, HAVING A DELTA OF
44°25'36”, A RADIUS OF 220.00 FEET, A DISTANCE OF 170.59 FEET TO A
POINT OF TANGENT;
2. S30°59'40”E, A DISTANCE OF 51.38 FEET TO A POINT ON CURVE;
THENCE ON THE ARC OF A CURVE TO THE LEFT, WHOSE CENTER BEARS
N22°08'40”W, HAVING A DELTA OF 98°51'00”, A RADIUS OF 52.00 FEET, A
DISTANCE OF 89.71 FEET TO A POINT ON CURVE SAID POINT BEING ON
THE WESTERLY RIGHT-OF-WAY OF FIR STREET AS PLATTED IN SAID
RIVER'S RUN SUBDIVISION; THENCE S30°59'40”E, ON SAID EASTERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 695.49 FEET TO A POINT ON CURVE;
THENCE ON THE ARC OF A CURVE TO THE LEFT, WHOSE CENTER BEARS
S59°00'20”W, HAVING A DELTA OF 98°50'59”, A RADIUS OF 52.00 FEET, A
DISTANCE OF 89.71 FEET TO A POINT ON CURVE, SAID POINT BEING ON
THE WESTERLY RIGHT-OF-WAY LINE OF SAID FIR STREET; THENCE ON
SAID RIGHT-OF WAY THE FOLLOWING SEVEN (7) COURSES:
1. S30°59'40”E, A DISTANCE OF 109.96 FEET TO A POINT OF CURVE;
2. ON THE ARC OF CURVE TO THE LEFT, HAVING A DELTA OF 70°02'57”, A
RADIUS OF 280.00 FEET, A DISTANCE OF 342.32 FEET TO A POINT OF
TANGENT;
3. THENCE N78°57'23”E, A DISTANCE OF 258.54 FEET, TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 22°32'30”, A
RADIUS OF 280.00 FEET, A DISTANCE OF 110.16 FEET, TO A POINT OF
TANGENT;
5. N56°24'53”E, A DISTANCE OF 156.37 FEET TO A POINT OF CURVE;
6. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 30°50'56”, A
RADIUS OF 220.00 FEET, A DISTANCE OF 118.45 FEET TO A POINT OF
TANGENT;
7. N87°15'49”E, A DISTANCE OF 101.97 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY LINE OF RIVERS RUN AVENUE, AS PLATTED IN SAID
RIVER'S RUN SUBDIVISION;
THENCE ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID RIVERS RUN
AVENUE THE FOLLOWING THREE (3) COURSES:
1. S02°44'11”E, A DISTANCE OF 126.30 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 10°11'58”, A
RADIUS OF 280.00 FEET, A DISTANCE OF 49.84 FEET TO A POINT OF
TANGENT;
3. S12°56'09”E, A DISTANCE OF 162.44 FEET TO A POINT ON CURVE SAID
POINT BEING ON THE NORTHERLY LINE OF THE ADDITIONAL DEDICATED
RIGHT-OF-WAY LINE OF PORTLAND AVENUE AS PLATTED IN SAID RIVER'S
RUN SUBDIVISION;
THENCE ON THE NORTHERLY LINE OF SAID ADDITIONAL DEDICATED
RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES:
1. ON THE ARC OF A CURVE TO THE RIGHT, WHOSE CENTER BEARS
N11°58'11”W, HAVING A DELTA OF 10°58'02”, A RADIUS OF 1,778.98 FEET, A
DISTANCE OF 340.52 FEET TO A POINT OF TANGENT;
2. S88°59'51”W, A DISTANCE OF 481.56 FEET TO POINT ON THE WESTERLY
BOUNDARY LINE OF SAID RIVER'S RUN SUBDIVISION;
THENCE N37°19'00”W, ON SAID WESTERLY LINE, A DISTANCE OF 1.92 FEET
TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 561,067 SQUARE FEET OR 12.880
ACRES.
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 and 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 May 23, 2022 .
Final adoption of Ordinance by City Council on June 13, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on June 15, 2022 .
□ 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
City Clerk’s Office Item # R-9
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: May 23, 2022
TO: President Heather Graham 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 RIVER’S RUN SUBDIVISION 1ST
AMENDMENT
SUMMARY:
The applicant is requesting to resubdivide 12.880-acres from eight lots into two large lots to
facilitate multifamily residential development.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The Planning and Zoning Commission approved the River’s Run Master Development Plan, Case
No. MP-04-01 in 2004. The master plan identified the resubdivision area for light industrial uses
and it was subsequently subdivided into eight non-residential lots with drainage/utility easements
servicing each lot. The property owner is now requesting to deviate from the approved master
plan to resubdivide the eight lots into two large lots to facilitate the development of multifamily
residential housing within the City’s lower Eastside Neighborhood. The resubdivision site sits
directly south of the existing R-2 zoned, single-family residential lots. The applicant intends to
develop an apartment complex adjacent to Joplin Avenue, which would better compliment the
adjacent single-family uses to the north. To accomplish the proposed development, the applicant
is also requesting to vacate a portion of Fir Street, drainage/utility easements; rezone Lots 1-8,
Block 1, and Lots 1-4, Block 2; rearrange Lots 1-4, Block 2; and rearrange Lots 1-2, Block 3.
Planning staff concurs with the applicant and supports the rezoning, vacation, rearrangement and
resubdivision to introduce more compatible development within the southern portion of the River’s
Run community. Concurrent requests along with this resubdivision are River’s Run Rezoning,
23.61 acres from B-P, Business Park to R-5, Multiple Residential and Office District and River’s
Run Subdivision, right-of-way and easement vacation. (Administrative matters: River’s Run
Subdivision rearrangement of property boundaries, rearrange lots 1-4, block 2 into parcel A and
River’s Run Subdivision rearrangement of property boundaries, rearrange lots 1-2, block 3 into
parcel B.)
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 9, 2022 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 9, 2022 Public Hearing
Memorandum from the Department of Public Works Dated May 12, 2022
Planning and Zoning Commission Staff Report with Attachments and Exhibits