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HomeMy WebLinkAbout10523ORDINANCE NO. 10523 AN ORDINANCE APPROVING THE MEDAL OF HONOR SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Medal of Honor Subdivision, being a subdivision of land legally described as: A PORTION OF THE NORTH HALF OF THE SOUTHEAST QUARTER OF SECTION TWENTY-ONE (21), TOWNSHIP TWENTY (20) SOUTH, RANGE SIXTY-FIVE (65) WEST OF THE SIXTH PRINCIPAL MERIDIAN (6TH P.M.) MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, THENCE; S 89° 24' 14” W, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 300.00 FEET TO THE WEST LINE OF COLORADO STATE HIGHWAY NO. 45 AND THE POINT OF BEGINNING; THENCE, S 01° 36' 45" W, ALONG SAID WEST LINE, A DISTANCE OF 1319.21 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH HALF OF SAID SOUTHEAST QUARTER; THENCE S 89°21’12” W, ALONG SAID SOUTH LINE, A DISTANCE OF 964.40 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE S 89°20’51” W, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1318.28 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER; THENCE N 00°36’13” W, ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1320.37 FEET TO THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE N 89°24’14” E, ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 2333.69 FEET TO THE POINT OF BEGINNING. CONTAINING 69.906 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 July 24, 2023. Final adoption of Ordinance by City Council on August14, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on August 17, 2023 . ☐ 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 # R7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 14, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE MEDAL OF HONOR SUBDIVISION SUMMARY: The applicant is requesting to subdivide the recently annexed Pueblo County Detention Center area, 69-9-acres, into one lot for development of the Pueblo County Detention Center and two non-buildable parcels reserved for future subdivision and development. PREVIOUS COUNCIL ACTION: City Council approved Ordinance 10453 on May 8, 2023 which approved the annexation of 69.9-acres of unincorporated land commonly known as the Pueblo County Detention Center Annexation to the City of Pueblo. City Council Approved Ordinance 10494 on June 26, 2023 rezoning the recently annexed 69.9-acre Pueblo County Detention Center property from a Pueblo County A-1 to a City of Pueblo S-1, Government Use Zone District (25.47 acres), and from a Pueblo County A-1 and R-6 to a City Of Pueblo A-1, Agricultural One Zone District (44.44 acres). BACKGROUND: The subject property was annexed into the City in May 2023, to facilitate development of the new Pueblo County Detention Center. The property is located west of the intersection of West 24th Street and Pueblo Boulevard (SH45). The subdivision establishes Lot 1, 25.467-acres, south of the proposed Medal of Honor Boulevard, and west of the proposed local street right-of-way, Justice Road. The new Pueblo County Detention Center will be constructed on Lot 1. The subdivision also includes two additional non-buildable parcels, Parcel A (20.719-acres) and Parcel B (15.047-acres) that are reserved for future re-subdivision and development. Parcel A will contain a drainage easement and Parcel B will contain a Lift Station Easement. The Medal of Honor Subdivision creates the 150-foot-wide Medal of Honor right-of-way, which will intersect with Pueblo Boulevard, directly west of the 24th Street and will extend west through the subdivision conforming with the Pueblo Area Council of Governments (PACOG) Long Range Transportation plan for the principal arterial extension into Pueblo West. An access permit will need to be secured from Colorado Department of Transportation by Pueblo County for the Medal of Honor connection to Pueblo Boulevard (SH 45). Water and wastewater service lines will be installed within the right- of-way of Medal of Honor Boulevard providing service to the County Detention Center and will serve Parcel A and Parcel B upon re-subdivision and future development. The subdivision also includes a 60-foot-wide local roadway, Justice Road, that extends south from the proposed Medal of Honor Boulevard directly adjacent to the eastern property line of the proposed Lot 1. Justice Road will provide ingress/egress to a future City owned and maintained parking lot serving the Honor Farm Park and Open Space property and will provide access point(s) to the future re-subdivided Parcel B. Future re- subdivision of Parcel A will require Justice Road to be platted and extended north through Parcel A as shown in the PACOG Long Range Transportation Plan. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their June 14, 2023 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: 1. S-23-05 Attachments