HomeMy WebLinkAbout08528Reception 1926598
11/28/2012 10:49:07 AM
ORDINANCE NO. 8528
AN ORDINANCE APPROVING THE BACA AND SON
SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Baca and Son Subdivision, being a subdivision of land legally
described as:
The North 103 ft. of the East 124 ft. of the West 297 ft. of the South 198 ft.
of Lot 11, Block 33, Uplands Park, Pueblo, Colorado
attached hereto, 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.
Colorado Revised Statutes, or to waive any immunities or limitations on liability
otherwise available to the City or its officers, employees or agents.
1926898 ORD 11/28/2012 10:49:07 AM
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Gilber Ortiz Cler /Recorder, Pueblo County, Co
III M. PEIVAINIO IdAi 1411,1410111. N II 111
SECTION 4.
This Ordinance shall be approved and effective upon final passage, provided,
however, that the final plat complies with Chapter 4 of Title XII of the Pueblo Municipal
Code and with the subdivision requirements of the City with such modifications, if any,
approved by City Council, and (a) has 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. All information, documents, drawings and profiles required
by Chapter 4 of Title XII of the Pueblo Municipal Code shall be submitted and filed with
the subdivision plat, except that the filing and approval of required detailed plans and
profiles for streets, sanitary sewers, storm sewers and other drainage facilities, off -site
easement, covenants or subdivision improvements agreement, described in a written
instrument mutually acceptable to the subdivider and the Director of Public Works may
be deferred for up to one (1) year from the date the final subdivision plat is approved by
Ordinance adopted by the City Council (the "Deferred Filings "). If a complete set of
such Deferred Filings are for any reason not filed with and approved by the Director of
Public Works within said one -year period, the Ordinance conditionally approving the
final subdivision plat may be rescinded and repealed by Ordinance adopted by City
Council not sooner than thirty (30) days after written notice of such deficiency is given to
the subdivision developer. No vested rights shall accrue to the subdivision or be
acquired until such Deferred Filings are approved by the Director of Public Works and
recorded in the office of the Pueblo County Clerk and Recorder.
.<501T-°, Got INTRODUCED: OCTOBER 22, 2012
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ATTESTED BY:
ITY CLERK
PASSED AND APPROVED: November 12, 2012
Background Paper for Proposed
ORDINANCE
DATE: OCTOBER 22, 2012 AGENDA ITEM # R-3
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JULIE ANN WOODS, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE BACA AND SON SUBDIVISION PLAT
ISSUE
Should City Council approve the request to resubdivide the 0.29-acre property into two
(2) single family residential lots, located at 1639 Bragdon Avenue?
RECOMMENDATION
The Planning and Zoning Commission, at their July 11, 2012 Regular Meeting, voted 6-
0 to recommend approval with conditions. Subsequently, all conditions have been
satisfied by the applicant.
BACKGROUND
The applicant is proposing to resubdivide a 0.29-acre (12,632 sf) parcel of land into two
(2) lots, each approximately .15 acres in size, to facilitate the construction of an
additional single family residence.
FINANCIAL IMPACT
None.