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HomeMy WebLinkAbout06354Reception 1259207 01/20/1999 ORDINANCE NO. 6354 AN ORDINANCE APPROVING THE PLAT OF FRANK I. LAMB SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Frank I. Lamb Subdivision, being a subdivision of land legally described as: Lot 1, Block 53, Highland Park, 17th Filing, County of Pueblo, State of Colorado, is hereby approved, and 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 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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. 1 111111 IIIII IIIII 111111111111 iii 1111111 iii 11111 IN 1239207 01/20/1999 11:41A ORD Chris C. Munoz SECTION 4. 2 of 2 R 11.00 D 0.00 Pubblo Ct.y Clk $ Rec. 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 or the final subdivision plat becomes effective. O� L c. ATTES i. City Clerk INTRODUCED September 14, 1998 By Al Guru 1 e Councilmember APPROVED 4Presiden0ouncil 8/31/98 Reception 1259209 01/20/1999 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on September 23 19 9 8 , between the CITY OF PUEBLO, a Municipal Corporation ( "City" ), and R,-v, r,-n d Names, M i c h a e l B i mb i Rprtnr of Pari b of Saint Peter the Apostle Episcopal ( "Subdivider") RECITALS: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of Prank T. T -amb Subdivision ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements"); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time DPW 2/18/98 1 111111 11111 11111 111111 111111 iii 1111111 iii 11111 1111 1111 1239209 01/20/1999 11:41A SUB AG Chris C. Munoz 2 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Rec. to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000) feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half (' /z) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60) feet in diameter at the mid - block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be alien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 2/18/98 2 1111111111111111111111111111111111111111111111111111111111111 1259209 01/20/1999 11:41A SUB AG Chris C. Munoz 3 of 8 R 41.00 D 0.00 Pueblo Cty Clk 8 Roc. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 124-7 (1) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed., engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this paragraph 7 and the restriction on the issuance of building permits contained in paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights - of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. DPW 2/18/98 3 11111111111111111111111111111111111111111111111111111 1259209 01/20/1999 11:41A SUB AG Chris IN C. Munoz 4 of 8 R 41.00 D 0.00 Pueblo Cl.y Clk & Rte- 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage, stormwater detention facility, or maintenance and restoration of restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, DPW 2/18/98 4 1 111111 1111111111 111111 111111 iii 1111111 1239209 01/20/1999 11:41A SUB AG iii 1111111111111 Chris C. Munoz 3 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Rec. and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Reverend James Michael Bimbi Rector of Parish of Saint Peter the (SEAL) STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Subdivider By: The foregoing instrument was acknowledged before me on �e nl e� n bo- �8 , 1998 , b _'eveQrld tlAnl fY6dtad 3unL , Subdivider. My commission expires: Col17 2602 Notary Public �NOTARy: (SEAL) .,• ... C OF PUEBL umcipal Corporation B �• X resident of of the Council City Clerk STATE OF COLORADO COUNTY OF COLORADO ss. DPW 2/18/98 5 1 11111111111111111111111111111111111111111111111111 1239209 01/20/1999 11:41A SUB AG Chris IN C. M1 6 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Rec. The foregoing instrument was acknowledged before me on January 1q 1999 , - Corinne Koehler , as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. My commission expires: 8 -21 -99 OTA /1) . g4, A APPROVED AS TO FORM: City Attorney H 0 ". A. J, � �- - hj� Notary Public DPW 2/18/98 6 EXHIBIT A Lot 1, Block 53, Highland Park, Seventeenth Filing, County of Pueblo, State of Colorado. Said parcel contains 3.22± acres. 111111 IIIII illll 111111111111111111111111111111111111 IN 1111 1239209 01/20/1999 11:41A SUB AG Chris C. Munoz 7 of 8 R 41.00 0 0.00 Pueblo C!y Clk & Rec. EXHIBIT B Subdivision: FRANK I. LAMB SUBDIVISION Subdivider: Charles Bates Job Number: 98- 080 -01 ITEM QUANTITY UNITS PRICE TOTAL CONCRETE Trickle Channel 112 SF $3.80 $425.60 Curb Head 40 LF $5.00 $200.00 Concrete Pan 850 SF $3.80 $3,230.00 Sub -total $3,855.60 DRAINAGE Pond Excavation 66 CY $2.00 $132.00 Concrete Weir Headwall 2 EA $1,500.00 $3,000.00 Revs station 0.35 AC $12,000.00 $4,200.00 Sidewalk Pans 2 EA $1,500.00 $3,000.0 Sub -total $10,332.0 SUB -TOTAL Miscellaneous Contingencies @i15% GRAND TOTAL Prepared By: dsjg Checked By: rep Firm: Manpini & Associat In � al Reviewed By: Qll� ­ "A City of Pueblo $14,187.60 $2,128.14 $ 16,315.74 Date: September 23, 1998 Date: September 23, 1998 Date: 1/13 h 7 111111 VIII 111 1111 11 11 111111 III IIIIIII III VIII 1111 1111 1259209 01/20/1999 11:41A SUB AG Chris C. Munoz 8 of 8 R 41.00 D 0.00 Pueblo C!y Clk 8 Rec. L = ED ° City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: August 27, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. S- 98- 11- -FRANK I. LAMB SUBDIVISION SOUTHEAST CORNER, PUEBLO BOULEVARD AND O'NEAL AVENUE SYNOPSIS BACKGROUND: The applicant proposes to create a two -lot subdivision containing an existing church and branch library. ISSUES: The applicant has satisfied all development concerns cited by staff. RECOMMENDATION: The Commission recommends approval by a 6 -0 vote. GENERAL INFORMATION Applicant: Charles E. Bates Owner of Property: Parish of St. Peter Location: S.E. Corner O'Neil Avenue and Pueblo Boulevard Existing Zone: R -5 /Multiple Residential and Office District (See Attached ZONING /LOCATION MAP). Request: Subdivision of Property. Purpose: Transfer of Ownership. Existing Land Use: Church and Library Branch (See Attached SITE PHOTO). 211 E. T" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 9 (719) 543 -6006 Fax (719) 543 -0572 Pueblo City Council Case No. S -98 -11 August 27, 1998 Page Two Surrounding Land Use /Zoning: NORTH -- Single Family Residences /R -2 SOUTH -- Single Family Residences /R -3 EAST -- Churches /R -2 WEST -- Single Family Residences /R -2 Applicable Regulations: Minimum standards for a Subdivision are contained in Section 12 -4 -7 of the City of Pueblo Code of Ordinances. SPECIAL INFORMATION Public Utilities: -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (65 p.s.i.). (L. Huffstutter, 7/7/98). -- Sanitary Sewer: Sanitary sewer exists in the area. A private sanitary sewer easement across proposed Lot 1, for the existing service line for proposed Lot 2, will be required (R. Morgan, 7/15/98). - -Storm Sewer: There is no storm sewer in the area. There is, however, surface drainage. On -site detention and drainage easements are required, and drainage plans are under review (R. Morgan, 7/15/98). Transportation: Existing traffic flow is "fair. The proposal will not significantly affect traffic conditions (D. Centa, 7/17/98). Comprehensive Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map depicts this area as a "residential" use. Planning: A memorandum to the Commission from the Subdivision Review Committee dated August 6, 1998, states as follows: "This plat was submitted in accordance with City Ordinance No. 6192, in which public improvement plans and certain other required documents have been approved by the Director of Public Works. The plat generally meets the subdivision ordinance. There are some minor changes that need to be made to the plat. Existing easements need to be shown on the plat. Easements for drainage and detention facilities need to be shown on the plat. Pueblo City Council Case No. 5 -98 -11 August 27, 1998 Page Three The Subdivision Review Committee recommends that the plat be "conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works." ANALYSIS The applicant proposes to create a two -lot subdivision con branch library. The property is located north and east of south of O'Neal Avenue. The purpose of the subdivision is assume private ownership of the property from the church. primarily single family residences except for two churches an apartment complex to the northeast. taining a church and Pueblo Boulevard and to allow the library to The surrounding area is adjacent to the east and Staff has stated that a private sanitary sewer easement across proposed Lot 1 for the existing service line for proposed Lot 2 is required. On -site detention and drainage easements are also required. Drainage plans are presently under review. No other issues have been identified by staff. CONCLUSION Approval of the proposal is contingent on the applicant satisfying the development concerns cited by staff. PUBLIC HEARING MINUTES (AUGUST 12, 1998, SPECIAL MEETING) Rocky Mangini told the Commission they were dividing one lot into two. One lot has 1.5 acres and the second lot has 2.3 acres. The property is zoned R -5. All the improvements are in for both lots. The library and the church that are on the site are being separated. The library will be purchasing the land from the church with the intentions of expanding their facility. Mr. Mangini said all the changes requested by staff have been done. No one appeared to oppose the final plat. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (AUGUST 12, 1998, REGULAR MEETING) Mr. Lytle, seconded by Mr. Thomas, moved to recommend approval subject to the conditions set forth in the Subdivision Review Committee's memorandum dated August 6, 1998. Motion carried 6 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT j 1 4\ B c .... R•4 C 1 B -3 B -2 I f R_5 S� a v/ U AL r A- p IF 0 C"A �X i B-4 - _ --� ,.t A 4 CASE S - - EXHIBIT ZONING /LOCATION MAP LOCATION SE CORNER PUEBLO BOULEVARD & O'NEAL AVENUE REQUEST PRANK I L AMB SUBDIVISION is ilvi lift I I LR till tit H 141 Wfli s E- PJD1A,ejnOa CM o r fi O `nry ' i ff I, t1t fn Z 00OM400 CJ s E- PJD1A,ejnOa MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -98 -11 FRANK I. LAMB SUB. DATE: August 6, 1998 This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, offsite easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works. All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat generally meets the subdivision ordinance. There are some minor changes that need to be made to the plat. Existing easements need to be shown on the plat. Easements for drainage and detention facilities need to be shown on the plat. The Subdivision Review Committee recommends that the plat be "conditionally" approved CONTINGENT upon the above mentioned changes being made and that the plat NOT be put on City Council's agenda until all changes have been made and approved by the Director of Public Works. xc: Charles E. Bates 100 E: Abriendo Pueblo, CO 81004 Mangini & Assoc. 631 Lake Ave. Pueblo, CO 81004