HomeMy WebLinkAbout07203ORDINANCE NO. 7203
AN ORDINANCE APPROVING THE PLAT OF MCKINNEY- MILLER SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of McKinney - Miller Subdivision, being a subdivision of land legally described as:
PARCEL A:
A parcel of land being a portion of Lot 3, Country Club Heights 14 Filing according to that
recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of
the Pueblo County Clerk and Recorder, and a portion of Parcel "C ", Lot Line Rearrangement
according to the recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23
in the records of Pueblo County Clerk and Recorder, located within a portion of the E Y2 of Section
14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more particularly
described as follows:
BEGINNING at the SW corner of said Lot 3, Country Club Heights 14 Filing; thence N. 11 0 48'10"
E along the west line of said Lot 3 a distance of 31.89 feet to a point on the south line of a parcel of
land No. 345 of the Department of Transportation, State of Colorado, Project No. NH- IR(CX) 025-
1(126) UNIT 3; thence along said south line the
following two (2) courses:
1. N 89 0 55'31" E a distance of 227.17 feet;
2. Along the arc of a non - tangent curve to the right whose center bears S. 00 0 04'32 E, having a
central angle of 05 0 21'53 ", and a radius of 628.17 feet, a distance of 58.82 feet to a point on the
easterly line of said Lot 3, said point also being on the south line of a parcel of land No. 346, of the
Department of Transportation, State of Colorado, Project No. NH- IR(CX) 025 - 1(126) UNIT 3;
thence southeasterly along said south line the following two (2) courses:
1. Along the arc of a non - tangent curve to the right whose center bears S 03 0 31 "35" W. having a
central angle of 06 0 33'58 ", and a radius of 628.17 feet, a distance of 71.99 feet;
2. S 78 0 08'42" E. a distance 215.64 feet to a point on the easterly line of parcel "C" according to
that recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23 in the
records of the Pueblo County Clerk and Recorder; thence S 11 ° 42'05" W along said easterly line a
distance of 90.75 feet to the SE corner of said Parcel "C "; thence N 78 0 18'48" W along the south of
said Parcel "C" and along the south line of said Lot 3 a distance of 567.98 feet to the POINT OF
BEGINNING. City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 0.99 acres more or less.
PARCEL B:
A parcel of land located within a portion of the E Y2 of Section 14, Township 20 South Range 65
West of the Sixth Principle Meridian, being more particularly described as follows:
BEGINNING at the SW corner of Lot 3, Country Club Heights 14 Filing according to that recorded
plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of Pueblo
County Clerk and Recorder; thence S 78 0 18'48" E along the south line of said Lot 3 and along the
south line of Parcel "C" of Lot Line Rearrangement, according to that recorded plat thereof filed for
record November 13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and
Recorder a distance of 567.98 feet to the SE corner of said Parcel "C" thence S 11 0 42'05" W a
distance of 112.23 feet; thence S 79 0 49'32" E a distance of 26.30 feet to the SW corner of Lot 1,
Block 1, Country Club Heights 4 th Filing according to that recorded plat thereof filed for record
February 25, 1954 in Book 16 at Page 20 in the Pueblo County Clerk and Recorder; thence S
00 0 14'37" E a distance of 50.79 feet to the NE corner of that parcel of land described in that deed
filed for record July 7, 1967 in Book 1656 at Page 223, Reception No. 379751 in the Pueblo
County Clerk and Recorder; thence only the north and west line of said Book 1656 at page 223
the following two (2) courses:
1. thence N 89 0 18'01" W a distance of 25.86 feet;
2. thence S 00 °10'50" E a distance of 137.96 feet to the SW corner of said Book 1656 at Page 223
said point also being on the north line of Country Club Heights 10 Filing according to the recorded
thereof filed for record May 17, 1972 in Book 1717 at Page 841 in the records of the Pueblo
County Clerk and Recorder; thence N 78 0 07'25" W along said north line of Country Club Heights
10 Filing and along the north line of Country Club Heights 11 Filing according to the recorded
plat thereof filed for record May 6, 1977 in Book 1885 at Page 845 in the records of the Pueblo
County Clerk and Recorder a distance of 608.34 feet to a point on the easterly line of Baltimore
Plaza according to the recorded plat thereof filed for record December 26, 1975 in Book 1833 at
Page 222 in the records of the Pueblo County Clerk and Recorder; thence N 11 0 48'10" E along
said easterly line a distance of 331.04 feet to the POINT of BEGINNING
City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 4.03 acres more or less,
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 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_
The following modification to the subdivision regulations is hereby approved:
A request to allow existing power poles and lines traversing the property north -
south, along the east property line to remain as a conditions of subdivision.
SECTION 4_
The ordinance is approved upon the following conditions:
1. All plat deficiencies must be corrected prior to placing this item on
the City Council agenda.
2. All buildings must be connected to the public right -of -way by a
sidewalk.
3. A 10' landscape buffer (not to include trickle pan) and solid fence
shall be incorporated along the western edge of lot 3 adjacent to
residential use and shall comply with the requirements of Title
17 -4 -7, Landscape Performance Standards of the P.M.C.
4. Landscape shall comply with Title 17 -4 -7, Landscape Performance
Standards of the P.M.C. to be established in the required setback
and extend to the lot side of the attached sidewalk where sidewalk
is required.
5. Service, refuse, and loading areas in the business district shall be
located immediately adjacent to the building.
6. No electrical service to new development shall be provided from
existing over head power lines.
7. All loading, service areas, and refuse services shall be located
immediately adjacent to the principle structures.
SECTION 5.
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 6.
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 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, (b) the conditions set forth in Section 4 hereof have been met and complied with, and
(c) 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.
INTRODUCED Auaust 23. 2004
BY Michael Occhiato
Councilperson
PASSED AND APPROVED September 13, 2004
- -Pl- U, r
CD
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # Ot 30
DATE: AUGUST 23, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH
LAND USE ADMINISTRATION /MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF MCKINNEY- MILLER
SUBDIVISION
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
commercial and mixed residential development?
RECOMMENDATION
The Planning Commission voted 6 -0 to recommend approval and allow with the
following modification and conditions:
MODIFICATION:
A request to allow existing power poles and lines traversing the property north -
south, along the east property line to remain as a condition of subdivision,
CONDITIONS:
1). All plat deficiencies must be corrected prior to placing this item on
the City Council agenda.
2). All buildings must be connected to the public right -of -way by a
sidewalk.
3). A 10' landscape buffer (not to include trickle pan) and solid fence
shall be incorporated along the western edge of lot 3 adjacent to
residential use and shall comply with the requirements of Title
17 -4 -7, Landscape Performance Standards of the P.M.C.
4). Landscape shall comply with Title 17 -4 -7, Landscape Performance
Standards of the P.M.C. to be established in the required setback
and extend to the lot side of the attached sidewalk where sidewalk
is required.
5). Service, refuse, and loading areas in the business district shall be
located immediately adjacent to the building.
6). No electrical service to new development shall be provided from
existing over head power lines.
7). All loading, service areas, and refuse services shall be located
immediately adjacent to the principle structures.
BACKGROUND
McKinney - Miller Subdivision is generally located on the north side of
Pueblo, south of Kachina Drive and west of Lynda Lane extended.
The applicant wishes to subdivide 5.02 acres (including the road right -of -way)
and develop the 13 lots according to the existing zoning classification. The area
would allow for businesses, offices, apartments, and single - family homes.
This application is being submitted concurrently with a vacation of an existing
public utility and drainage easement (V- 04 -02) which was also approved by the
Planning and Zoning Commission. The applicant has complied with all of the
items listed in the Subdivision Review Committee (SRC) memo dated June 30,
2004 as confirmed in the memo from Joe Martellaro dated July 26, 2004 and is in
compliance with the conditions of approval made by the Planning and Zoning
Commission on July 14, 2004.
FINANCIAL IMPACT
None