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HomeMy WebLinkAbout10833ORDINANCE NO. 10833 AN ORDINANCE APPROVING THE BELMONT PLACE SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Belmont Place Subdivision, Filing No. 1 being a subdivision of land legally described as: THE WEST 1/2 OF THE SOUTHWEST 1/4 AND THAT PORTION OF THE WEST 1/2 OF THE NORTHWEST ¼ IN SECTION 21, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN, LYING SOUTH OF THE SOUTHERLY RIGHT OF WAY LINE OF COLORADO STATE HIGHWAY NO. 47, COUNTY OF PUEBLO, STATE OF COLORADO. SAID PARCELS CONTAINS 113.26 ACRES MORE OR LESS, (4,933,639 S.F 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 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 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 October 15, 2024. Final adoption of Ordinance by City Council on October 28, 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 ________________________________ Deputy City Clerk City Clerk's Office Item # S8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 28, 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 THE BELMONT PLACE SUBDIVISION, FILING NO. 1 SUMMARY: The applicant is requesting to subdivide 114-acres into six (6) commercial lots in two (2) blocks and create four (4) parcels reserved for future development. The proposed subdivision covers the area currently included within the Belmont Place Planned Unit Development. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to rezone (Z-23-12) the current 114-acre Belmont Place, Planned Unit Development to a combination of three zone districts to allow for commercial, commercial mixed use, and residential development. BACKGROUND: The subject site is currently unimproved and is located east of Troy Avenue and south of the Hwy 50 Bypass. The applicant proposes to subdivide the property into six lots measuring from 81,000 sq. ft. to 200,000 sq. ft. for commercial development. The remaining ninety-one (91) acres will be divided into four non-buildable parcels (A-D) and ten acres (10) of right of way. The development site is characterized by scrub prairie and is generally flat in the northwest portion of the site. The eastern and southern portion of the development site is marked by deep arroyos requiring development to occur in multiple phases, to fund the necessary infrastructure to develop the site with the challenging topography. The purpose of Parcels A, B, C, and D is to allow development to occur in phases. Each parcel must be re-subdivided for the planned development prior to building permit approvals. The area was annexed into the City in 1972 and is identified as an Urban Neighborhood by the 2022 Pueblo Comprehensive Plan. In 2002, the Planning and Zoning Commission approved the University Village South Master Development Plan (MP-02-3) that included this property, the site was zoned PUD in 2006, the Belmont Place PUD currently serves as the master plan for development. The PUD guide was amended in 2021 (Ord. 9973) and included an updated Land Use Summary with commercial, multifamily, and single family uses. The applicant has a concurrent rezoning application for the property, Z-23- 12, to use traditional zone districts that closely match the land use approved in the original PUD. In 2002 two sanitary sewer easements were dedicated to the City of Pueblo by Separate Instrument to hold a future sewer line inside of what is now the proposed Parcel B in the proposed Belmont Place, Filing No. 1 Subdivision. The sanitary sewer line was later constructed outside of the dedicated easements. The current proposed plat will create a twenty-foot sanitary sewer and maintenance road easement inside Parcel B in the center of the property. The proposed platted, sanitary sewer easement reflects the current location of the sanitary sewer line and stretches from the center of the eastern property boundary southwest to Nottingham Drive where it follows the street right of way to the south. The other two older easements that do not cover the sanitary sewer line will be released in the f transportation network will be extended as part of this subdivision. The right-of-way will be platted for Nottingham Drive to continue south, and it will have a temporary dead- end cul-de-sac until filing two is submitted. The design for the cul-de-sac will be handled in Part Two Submittal of the subdivision submittal with the Public Works Department. Right-of-way for an easterly extension of Constitution Road and a small connection with Cicada Drive in the south portion of the property are also being platted. A traffic study will be required before Part II of the Subdivision will be approved. Staff noted that future filings and re-subdivisions of the parcels, slated for future development may involve additional right-of-way for the roundabouts or arroyos crossing depending on use, intensity, and future engineering. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their February 14, 2024 Regular Meeting, voted 5-0 to recommend approval once conditions 1-9 are met, Commissioners Martinez and Spinuzzi absent. 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 the site. 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-22-07 Combined Attachments