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HomeMy WebLinkAbout08335ORDINANCE NO. 8335 AN ORDINANCE APPROVING THE PLAT OF THE BELMONT PLACE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Belmont Place Subdivision, being a subdivision of land legally described as: The W ½ of the SW ¼ and that portion of the W ½ of the NW ¼ in Section th 21, Township 20 South, Range 64 West of the 6 P.M., lying South of the Southerly right-of-way line of Colorado State Highway No. 47 and excepting therefrom parcels conveyed in Book 1905 at Pages 816, 819 and 823. 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-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: March 28, 2011 BY: Leroy Garcia COUNCILPERSON PASSED AND APPROVED: April 11, 2011 Background Paper for Proposed ORDINANCE DATE: MARCH 28, 2011 AGENDA ITEM # R-8 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PLAT OF THE BELMONT PLACE SUBDIVISION ISSUE Shall City Council approve a request to replat 114 acres to facilitate the development of 241 one and two family residential lots, four commercial lots, nine parcels for drainage and open space, 3.91 acres of parks and required rights-of ways for access? RECOMMENDATION The Planning and Zoning Commission, at their February 10, 2010 Regular Meeting, voted 5-0 to recommend approval with conditions. Subsequently, all conditions of approval have been met by the applicant. BACKGROUND On December 11, 2006 City Council approved the Belmont Place PUD, which created four (4) land use areas listing specific permitted uses and standards for each area. The PUD was designed to accommodate Single-Family and Multi-Family residential as well as commercial uses. In November 2007, the PUD was amended to accommodate the proposed Belmont Place Subdivision, which amended the residential street pattern and trail alignment established by the original PUD. The amendment and subdivision were reviewed and approved by the Planning and Zoning Commission with conditions on November 14, 2007. The subdivision was approved by City Council on December 31, 2007; however, the applicant was not able to provide necessary construction drawings within a year. Because of this, a six month extension was requested; the extension has since expired and the applicant would like to move forward with the same subdivision layout and proceed with part two of the subdivision process. FINANCIAL IMPACT None.