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Home My WebLink About08102Reception 1865603 01/28/2011 ORDINANCE NO 8102 AN ORDINANCE APPROVING THE PUEBLO FIRE STATION NO 4 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The final plat of the Pueblo Fire Station No 4 Subdivision Plat being a subdivision of land legally described as A parcel of land located in Sections 11,12,13, and 14, Township 21 South, Range 65 West of the 6th P M in the County of Pueblo and State of Colorado, being more particularly described as follows Considering the line between the monuments found at the intersection of Indiana Avenue and Wyoming Avenue said monument being a brass tack in a lead plug within a cast iron range box to the monument found easterly at the intersection of Indiana Avenue and Oakland Avenue said monument being a brass tack in a lead plug within a cast iron range box to bear N 90 °00'00" W with all bearings contained herein being relative thereto Commencing at said monument found at the intersection of Indiana Avenue and Wyoming Avenue, thence S 50 °02'48" W a distance of 708 66 feet to the Point of Beginning, thence S 17 °23'34" W a distance of 21 20 feet; thence along an arc of a curve to the left whose radius is 1472 00 feet and whose center bears S 72 °3626" E a distance of 85 45 feet; thence along an arc of a curve to the left whose radius is 1926 88 feet and whose center bears S 77 °21'58" E a distance of 173 90 feet; thence S 57 °43'10" W a distance of 18 81 feet; thence along the arc of a curve to the left whose radius is 84 00 feet and whose center bears S 04 °41'20" E a distance of 64 30 feet; thence S 41 °26'58" W a distance of 243 37 feet; thence S 50 °10'02" W a distance of 270 92 feet; thence N 42 °50'00" W a distance of 8 30 feet; thence N 28 °53'00" E a distance of 119 50 feet; thence N 00 °20'00" E a distance of 102 00 feet; thence N 19 °24'00" E a distance of 71 80 feet; thence N 80 °23'00" E a distance of 53 80 feet, thence N 22 °12'00" E a distance of 160 80 feet; thence N 20 °03'00" E a distance of 227 00 feet, thence N 22 °37'00" E a distance of 85 feet; thence S 72 °43'04" E a distance of 209 60 feet more or less to the Point of Beginning Said parcel contains 3 06 acres, more or Tess 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 (I) 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 October 26, 2009 Irf r BY Judy Weaver 3r � � d ; p " , COUNCIL PERSON .,_ : .=''• APPROVED /""--64 - . ~ - -�-t_ / �' 1 PRESIDENT OF CITY OUNCIL ATTESTED BY \;...„..._ ' • • ITY CLERK PASSED AND APPROVED November 9, 2009 ON aim I ff. NO= Background Paper for Proposed ORDINANCE AGENDA ITEM # S -7 DATE: OCTOBER 26, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PUEBLO FIRE STATION NO. 4 SUBDIVISION ISSUE Shall City Council approve a request to subdivide 3.06 -acres of land along Lakeshore Drive into a single lot? The Planning and Zoning Commission, at their October 14, 2009 Regular Meeting, voted 6 -0 to recommend approval. BACKGROUND The City is proposing to subdivide a 3.06 -acre parcel of land along the eastern shore of Lake Minnequa to facilitate the construction of Fire Station No. 4. The proposed subdivision includes the portion of vacated Lakeshore Drive, along the west side of the right -of -way, which is necessary to accommodate the proposed Fire Station. Presently, the site is vacant and was owned by the Sisters of Charity until the property was deeded to the City on April 8, 2009. According to the Agreement for Donation of Real Estate, the City would release St. Mary- Corwin from the Subdivision Improvements Agreement and Addendum thereto for St. Mary- Corwin Subdivision No. 3, dated, April 27, 2005, in exchange for the land. Street improvements listed in the agreement included construction, installation or cost participation of any improvements referred to in the SIA as " Minnequa Avenue Street Improvements ", "Lake Avenue Street Improvements," "Lakeview Avenue Street Improvements" or "Phase 2 Street Improvements," including without limitation, any Lake Avenue and Lakeview Avenue intersection improvements and Lakeview Avenue realignment East of Lake Avenue all within the right -of -way of said streets. Prior to development, a site plan for Fire Station No. 4 will be brought before the Commission for approval. The estimated timeline for the site plan is the November 11, 2009 Planning and Zoning Commission meeting. All issues relating to development such as landscaping, parking, lighting etc. will be addressed at the time of site plan review. The Minnequa Lake Park and Open Space Project, Final Master Plan Map, July 23, 2008, identifies the project parcel as a future fire station site. According to the Comprehensive Plan the site has be designated as an Urban Mixed Use District, providing for a mixture of commercial and higher density residential uses. The proposed fire station will provide necessary public services to the surrounding commercial and residential uses, which conforms with the intent of the Comprehensive Plan and Minnequa Lake Master Plan. FINANCIAL IMPACT None.