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HomeMy WebLinkAbout08319 ORDINANCE NO. 8319 AN ORDINANCE APPROVING THE SCHERMERHORN SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Schermerhorn Subdivision, being a subdivision of land legally described as: A portion of the Northeast quarter of the Northwest quarter of Section 30, Township 20 South, Range 64 West of the 6th Principal Meridian, lying North of the Northerly line of the property deeded to the Department of Highways, State of Colorado, by Deed recorded July 23, 1954 in Book 1242 at Page 379, said portion being more particularly described as follows: Beginning at the Northeast corner of the Northwest Quarter of said Section 30; Thence South along the east line of said Northwest Quarter to the Northerly line of the said property deeded to The Department of Highways, State of Colorado; Thence Northwesterly along the Northerly line of the parcel deeded to The Department of Highways, State of Colorado, 300 feet; Thence North 0° 13' West to the North line of said Section; Thence East along the North line of said Section to the point of beginning, County of Pueblo, State of Colorado. Said Parcel contains 0.82± acres. 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-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. 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 (l) 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: February 14, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APROVED: February 28, 2011 Background Paper for Proposed ORDINANCE DATE: FEBRUARY 14, 2011 AGENDA ITEM # R-7 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE SCHERMERHORN SUBDIVISION PLAT ISSUE Shall City Council approve the request to subdivide a .82-acre of land into one lot to facilitate commercial development? RECOMMENDATION The Planning and Zoning Commission, at their July 14, 2010 Regular Meeting, voted 6- 0 to recommend approval with conditions. Subsequently, all conditions of approval have been met by the applicant. BACKGROUND The Applicant is proposing to subdivide a .82-acre parcel of land into one lot to facilitate commercial development along Chinook Lane. The subject site is the southern most portion of a 3.92-acre of unsubdivided land. The site is surrounded by Belmont, Filing 80, (subdivided in 1977) to the east and Filing 89, (subdivided in 1986) to the north- west. Despite the fact the subject site was never subdivided, it was once developed for commercial use. An overhead electric utility line runs parallel with the eastern property line. The line is a 69,000 Volt transmission line; because it is over 30,000 Volts City regulations do not require it to be placed underground (Section 12-4-7 (6) a., Pueblo Municipal Code). All landscaping will beaddressed at the time of Commercial Development through the commercial review process. FINANCIAL IMPACT None.