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HomeMy WebLinkAbout10804ORDINANCE NO. 10804 AN ORDINANCE APPROVING FIRE STATION NO. 8 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Fire Station No. 8 Subdivision, being a subdivision of land legally described as: A portion of the E1/2 of the E1/2 of the NW1/4 and the W1/2 of the W1/2 of the NE1/4 of Section 18, Township 20 South, Range 64 West of the 6th P.M. and being more particularly described as follows: Considering the north line of the NW1/4 of Section 18, Township 20 South, Range 64 West of th the 6 P.M. to bear S.88°48'04"E. and all bearings herein being relative thereto. The North 10402. Beginning at the North quarter corner of said Section 18; thence S.88°42'20"E. (S.89°14'53"E. Deed), along the North line of said NE1/4, a distance of 181.01 feet (180.87 feet Deed) to the West boundary line of College Park Subdivision, Second Filing, according to the recorded plat thereof, filed for record May 14, 1975 in the Pueblo County Records; thence Southerly, along the Westerly boundary line of said subdivision, the following two (2) courses: 1. S.09°43'30"E. (S.10°19'08"E. Deed/Plat), a distance of 118.90 feet; 2. Along the arc of a curve to the right whose radius is 1950.00 feet, a distance of 688.53 feet to the Northwest corner of College Park Subdivision, First Filing, according to the plat thereof, file for record November 27, 1974; Thence Southerly, along the westerly boundary line of said subdivision the following three (3) courses: 1. Along the arc of a curve to the right whose radius is 1950.00 feet, a distance of 342.02 feet; 2. S.20°33'18"W. (S.19°57'40"W. Deed/Plat), a distance of 237.15 feet; 3. Along the arc of a curve to the left whose radius is 2000.00 feet, a distance of 228.06 feet to the East line of a tract of land as described in Book 1812 at Page 571 of the Pueblo County records; Thence Northerly, along said East line, the following four (4) courses: 1. N.74°19'27"W. (N.74°55'05"W. Deed), a distance of 107.49 feet; 2. N.04°38'11"E. (N.04°02'34"E. Deed), a distance of 365.26 feet; 3. N.29°22'46"W. (N.29°58'25"W. Deed), a distance of 404.77 feet; 4. N.01°47'32"E. (N.01°11'54"E. Deed), a distance of 354.58 feet to the South line of a tract of land as described in Book 1757 at Page 697 of the said county records; Thence along the boundary of said tract of land, the following two (2) courses: 1. S.88°47'34"E. (S.89°23'12"E. Deed), a distance of 41.00 feet; line of said NW1/4; 312.13 feet (312.29 feet Deed) to the North quarter corner of said section and the Point of Beginning, County of Pueblo, State of Colorado. Containing 14.08 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 es 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 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 September 09, 2024. Final adoption of Ordinance by City Council on September 23, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # S4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 23, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING FIRE STATION NO. 8 SUBDIVISION SUMMARY: The City is requesting to subdivide 14.08-acres into two lots for the development of the new Fire Station No. 8 and a future government/public use. PREVIOUS COUNCIL ACTION: The City is concurrently requesting site plan approval to construct the new Fire Station #8 (GU-23-07) which will replace the current Fire Station #8 and the City is also requesting to rezone (Z-23-13) the 14.08-acres to facilitate a two-lot subdivision and the development of Fire Station No. 8. BACKGROUND: The land proposed to be subdivided was annexed into the City in 1955 and master s the subject property as park. The 14.08-acres proposed to be subdivided was deeded to the City with Resolution 5987 in 1987. It is assumed that the land was deeded to the City for park development; however, the deed and Resolution accepting the land do not specifically state nor restrict the use of the land. Parks Director, Steven Meier, stated that t Station No. 8 Subdivision is located west of Jerry Murphy Road and the University Park residential development and will create two lots. Lot 1, 5.55-acres, will house the proposed Fire Station No. 8, and Lot 2 will house a future government/public use. Lot 1 will include a 75-foot Drainage Easement along the northern lot line running east and west. The existing 30-foot Water Main Easement within Lot 1 must be released before the subdivision will be recorded. A separate 50-foot Drainage Easement will run north and south adjacent to the eastern property line beginning south of the proposed Fire Station driveway and extending south through Lot 2. Mountain State Telephone and Telegraph Company and Southern Colorado Power Company also have easements running north and south across the entire length of the subdivision in the eastern portion of the property. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 13, 2024 Regular Meeting, voted 7-0 to recommend approval with conditions. 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 Fire Station No. 8. 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-23-12 Combined Attachments