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.