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