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HomeMy WebLinkAbout110392391862 12/03/2025 01:39:25 PM Page: 1 of 3 R 43.00 D 0.00 T 43.00 Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 Candace Rivera Clerk/Recorder, Pueblo County, Cc mill 1���fif� �'Fti+�1ffilliC NFAMIIA 14,11111 ORDINANCE NO. 11039 AN ORDINANCE APPROVING THE PUEBLO CROSSINGS FILING NOA SUBDIVISON BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pueblo Crossings Filing No. 4, being a subdivision of land legally described as: A parcel of land located in the Southwest quarter of Section 1, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Lot 2, Pueblo Crossing Filing No. 1, according to the recorded plat thereof as filed for record on December 18, 2003 at Reception No. 1542506 in the Pueblo County Records. Containing 12.23 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 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. Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 2391862 12/03/2025 01:39:25 PM Page: 2 of 3 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County, Co gill KIF.Iri.T1fti I' IAVMJ1 11,41,0MVJPKCAJ4,11111 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 08, 2025. Final adoption of Ordinance by City Council on September 22, 2025. DocuSigned by: F� auff President of City Council Action by the Mayor: Approved on 9/24/2025 112:09 PM MDT ❑ Disapproved on based on the following objections: Mayor (fit a#A,V 1 a41" Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 2391862 12/03/2025 01:39:25 PM Page: 3 of 3 R 43.00 D 0.00 T 43.00 Candace Rivera Clerk/Recorder, Pueblo County; Cc Bill .rr ,�k��'I ir� VAIAlil+ P AHW1I II1 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 ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST DOCUSigned by: City Clerk Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 City Clerk's Office Item # R1 dtg of 1111-PUEBLO coorado Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 22, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE PUEBLO CROSSINGS FILING NOA SUBDIVISON SUMMARY: The applicant is requesting to re -subdivide approximately 12-acres known as Pueblo Crossings Shopping Center to divide one lot into three. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is a single 12-acre lot developed with three multi -tenant commercial retail buildings that the applicant is requesting to subdivide into three individual lots for financing purposes. No new structures or development is proposed at this time. The subdivision necessitated access, parking, and maintenance agreements, all of which were provided in a submitted Declaration of Easements, Covenants, Conditions, and Restrictions. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 13, 2025 Regular Meeting, voted 7-0 to recommend approval. 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. Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be subdivided 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: S-25-04 Attachments Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 ORDINANCE NO. 11039 AN ORDINANCE APPROVING THE PUEBLO CROSSINGS FILING NOA SUBDIVISON BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The final plat of the Pueblo Crossings Filing No. 4, being a subdivision of land legally described as: A parcel of land located in the Southwest quarter of Section 1, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Lot 2, Pueblo Crossing Filing No. 1, according to the recorded plat thereof as filed for record on December 18, 2003 at Reception No. 1542506 in the Pueblo County Records. Containing 12.23 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 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. Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 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 08, 2025. Final adoption of Ordinance by City Council on September 22, 2025. DocuSignedby: President of City Council Action by the Mayor: lx-� Approved on ❑ Disapproved on 9/24/2025 1 12:09 PM MDT based on the following objections: Mayor Docusign Envelope ID: 478438A8-AD25-46DF-A84D-D4C5F6872E70 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 ❑ Council action on failed to override the Mayor's veto. President of City Council ATTEST 5Do,w, cuSPgnedby: City Clerk