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HomeMy WebLinkAbout07567ORDINANCE NO. 7567 AN ORDINANCE APPROVING THE PLAT OF PINION RIDGE COMMERCIAL SUBDIVISION, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The final plat of Pinion Ridge Commercial Subdivision, being a subdivision of land legally described as: PARCEL "A" A tract of land in the NW /4 NW /4 and NE /4 NW /4 of Section 1, Township 20 South, Range 65 West of the 6th P.M., more particularly described as follows: BEGINNING at the southwest corner of the NW /4 NW /4; thence northerly along west boundary of NW /4 NW /4, 1328 feet, more or less to a point 50 feet south of the northwest comer of the NW /4 NW /4; thence easterly parallel to said north line of NW /4 NW /4, 1585 feet, more or less to a point on westerly right of way line Highway 58 -87th southwesterly along said right of way at angle of 104 °25' right from last corner if extended easterly 513.60 feet; thence westerly to south line of NW /4 NW /4 719.37 feet; thence southerly at angle of 90° left 784.62 feet to a point on south line of NW /4 NW /4; thence westerly along southerly line of NW /4 NW /4 855.J4 feet to the POINT OF BEGINNING. A tract of land in the NW /4 NW /4 of Section " Township 20 South, Range 65 West of the 6th P.M., more particularly described as follows: BEGINNING at a point on the south line of NW /4 NW /4, said point being 855.34 feet east of the southwest corner; thence northerly right angle with said south line of NW /4 NW /4 784.62 feet; thence easterly parallel with the south line of NW /4 NW /4 719.32 feet to a point on westerly right of way line of Highway 85 -87; thence southwesterly along said right of way line 105 °46' right from last course if extended 341.30 feet; thence parallel southerly angle 16 °20' left & along said right of way 158.7 feet; thence westerly parallel to south line of said NW /4 NW /4 237.20 feet; thence southerly angle 88 °16'30" left 297.60 feet to a point on south line NW /4 NW /4; thence westerly along said south line 382.04 feet to the POINT OF BEGINNING. All in the County of Pueblo, State of Colorado. Said parcel contains 41.81 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. 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. 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. INTRODUCED January 22, 2007 BY Judy Weaver Councilperson /��" lLiv APPROVED: C cG( ESID NTof City Council ATTESTED BY: CITY CLERK PASSED AND APPROVED: February 12, 2007 ot2�. `7 I Background Paper for Proposed ORDINANCE Substituted Copy: 1 -31 -07 AGENDA ITEM # q `J DATE: JANUARY 22, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF PINION RIDGE COMMERCIAL SUBDIVISION ISSUE Shall City Council approve a request to subdivide 41.81 acres into 19 commercial lots to create commercial development adjoining Interstate 25? RECOMMENDATION The Planning and Zoning Commission, at their October 11, 2006 regular meeting, voted 6 -0 to recommend approval. BACKGROUND On October 15, 2002, City Council approved the Eden Commercial Center Subdivision encompassing this property. Due to the fact that the required deferred filings of plans and documents were not complete by a specified date, the effective date of the subdivision's approval expired resulting in the plat being rescinded and repealed. With this request the applicant proposes to subdivide the 41.81 acre property into 19 commercial lots, dedicate rights -of -way for Elizabeth Street and Platteville Boulevard, along with a right -of -way dedication for the future improvements to the 1 -25 Interchange. The applicant has complied with all items listed in the Subdivision Review Committee memo dated October 4, 2006. Public Works staff confirmed that the preliminary construction plans for subdivision's approved pending the submittal an Section 12- 4 -5(b)2 of the Pueblo subdivision shall become effective approved by the City. necessary infrastructure have been conditionally d approval of the Deferred Filings as permitted by Municipal Code. Neither this Ordinance nor the until such Deferred Filings are submitted to and FINANCIAL IMPACT None.