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HomeMy WebLinkAbout08030Reception 1811351 07/08/2009 ORDINANCE NO. 8030 AN ORDINANCE APPROVING THE PUEBLO MUNICIPAL — COMPLEX, FILING NO. 1 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. a Eifl �� a o� The final plat of the Pueblo Municipal Complex, Filing No. 1 Subdivision Plat being a subdivision of land legally described as: e'.2 a A TRACT OF LAND IN THE SOUTHEAST 114 OF SECTION 36, TOWNSHIP 20, mod RANGE 65 WEST, OF THE 6TH P.M., MORE PARTICULARLY DESCRIBED AS Nm�� FOLLOWS: m�y LOTS 17 THROUGH 32, BLOCK 68 IN THE FORMER TOWN OF SOUTH PUEBLO, ON NOW PART OF THE CITY OF PUEBLO, ACCORDING TO THE RECORDED PLAT o o THEREOF N ° AND �a LOTS 1 THROUGH 32, BLOCK 69 IN THE FORMER TOWN OF SOUTH PUEBLO, NOW PART OF THE CITY OF PUEBLO, ACCORDING TO THE RECORDED PLAT THEREOF AND LOTS 1 THROUGH 28, BLOCK 79 IN THE FORMER TOWN OF SOUTH PUEBLO, NOW PART OF THE CITY OF PUEBLO, ACCORDING TO THE RECORDED PLAT THEREOF :►o THE VACATED STREETS AND ALLEYS ADJACENT THERETO, THAT HAVE BEEN PREVIOUSLY AND PROPERLY VACATED ALL WITHIN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO CONTAINING 6.87 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, at 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: .Tune 8, 2009 BY: Randy Thurston s "°"`""° COU CIL PERSON APPROVED: �� �� _ PRESIDENT OF CITY OUNCIL ATTESTED CLERK PASSED AND APPROVED: .Tune 22, 2009 1811351 ORD 07/08/2009 01:19:43 PM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 0 III 1161744 NIN WLAHLKIWA IV h 11111 O t-J_ . 803 0 g[D Y ED Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: JUNE 8, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PUEBLO MUNICIPAL COMPLEX, FILING NO. 1 SUBDIVISION ISSUE Shall City Council approve a request to resubdivide 6.87 -acres to facilitate the construction of the Pueblo Justice Center and Police Annex? :]XKs]P5 Ili :4ki 1 6 LrA Is] ki The Planning and Zoning Commission, at their March 11, 2009 Regular Meeting, voted 5 -0 to recommend approval. Due to an issue concerning notification of the property owners within 300 feet of this subdivision, Notices were resent and a public hearing was again held at the May 13, 2009 Regular Meeting of the Planning and Zoning Commission. All other items being the same, the Planning and Zoning Commission voted 5 -0 to recommend approval. BACKGROUND The City is proposing to resubdivide 6.87 -acres to facilitate the construction of the Pueblo Justice Center and Police Annex. The project site was originally platted in 1872 by William Palmer as the Town of South Pueblo. The area was consolidated into the City of Pueblo in 1886 and developed as a mixed use retail corridor until 1921 when it was devastated by the Great Flood. After the flood, the commercial corridor moved north to 1 s ` and Main Streets, and the area transitioned toward more industrial uses, including warehousing, light manufacturing, and auto service. Although some of the buildings within Blocks 68, 69 and 79 were historic, the character of many had been compromised by later additions and fagade modifications. All buildings located on Lots 1 -16, Block 69 were demolished in 2008 to make way for the Pueblo Justice Center. The proposed subdivision will create three lots and three blocks that will clean up the lot and block configuration allowing immediate development of the Justice Center and Police Annex. The Justice Center will be constructed on the proposed Lot 1, Block 1 of the Pueblo Municipal Complex, Filing No. 1 adjacent S. Main Street. The Police Annex will be constructed on Lot 1, Block 3 of the Pueblo Municipal Complex. The subdivision meets municipal regulations and the goals of the Comprehensive Plan. aILI fcli Is] fa1MIPdL1011 None.