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HomeMy WebLinkAbout08379Reception 1883431 08/18/2011 ORDINANCE NO 8379 AN ORDINANCE APPROVING THE COMANCHE SUBDIVISION, 1 AMENDMENT PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The final plat of the Comanche Subdivision, 1 Amendment being a subdivision of land legally described as A PARCEL OF LAND WITHIN SECTION 20 AND THE EAST HALF OF SECTION 29, TOWNSHIP 21 SOUTH, RANGE 64 WEST OF THE 6TH P M , CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS LOTS 1 AND 2, COMANCHE SUBDIVISION, RECORDED AT RECEPTION NO 1653781 IN THE RECORDS OF SAID PUEBLO COUNTY, CONTAINING A CALCULATED AREA OF 696 020 ACRES Is hereby approved 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 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 July 25, 2011 BY Leroy Garcia C NCIL PERSON APPROVED PRESIDENT O CITY COUNCIL ATTESTED c "` 4 �_w� 00TY CLERK PASSED AND APPROVED August 8, 2011 Background Paper for Proposed ORDINANCE DATE: JULY 25, 2011 AGENDA ITEM # R-6 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE ST AN ORDINANCE APPROVING THE COMANCHE SUBDIVISION, 1 AMENDMENT PLAT ISSUE Should City Council approve the request to resubdivide the two-lot, 696-acre property located at 2005 Lime Road? RECOMMENDATION The Planning and Zoning Commission, at their June 8, 2011 Regular Meeting, voted 5-0 to recommend approval. BACKGROUND The original subdivision was recorded on December 21, 2005. The applicant is proposing to resubdivide the 696-acre two-lot subdivision to modify the interior property lines of the existing subdivision. Due to multiple structures being constructed at the site, this resubdivision will eliminate any buildings crossing existing lot lines. Generally, lot line rearrangements are approved administratively; however, due to the size of the property, this is not eligible for that process. FINANCIAL IMPACT None.