HomeMy WebLinkAbout07220ORDINANCE NO. 7220
AN ORDINANCE APPROVING THE PLAT OF
PACE - MARTINEZ SUBDIVISION, A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Pace - Martinez Subdivision, A Special Area Plan being a subdivision of
land legally described as:
The East 10 feet of Lot 9 and all of Lots 10 to 24 inclusive Block 4,
Delavan Place, Except the South 13 Feet of Lot 14 and the North 17 Feet of Lot 15,
Block 4, Delavan Place conveyed to Pueblo, A Municipal Corporation as shown in Deed
recorded March 7, 2003 at Reception No. 1489007,
And a portion of Vacated Burdette Avenue adjacent to said Block 4.
County of Pueblo, State of Colorado.
Said parcels containing 43530.72 Sq. Fdeet or 1.00 Acre more or less.
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.
The ordinance is approved upon the following conditions:
1). The property owner shall escrow an amount sufficient to place underground
all utilities within the subdivision, and
2). Plat shall not be recorded until the Deed for east half of Pearl Street within the
subdivision has been received by the Director of Public Works.
SECTION 4.
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.
SECTION 5.
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
1971 Code of Ordinances meeting and complying with the subdivision requirements of the City
with such modifications, if any, approved by the City Council, have been filed with and approved by
the Director of Public Works, and (b) the conditions set forth in Section 3 hereof have been met
and complied with, and (c) 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
(1) 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 October 12, 2004
BY Robert D. Schilling
Councilperson
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Bureau of Public Works - Engineering Division
November 11, 2005
Eugene Skubal
302 E. Adams Avenue
Pueblo, CO 81004
Re: Pace- Martinez, A Special Area Plan
Dear Mr. Skubal:
Ordinance No. 7220, An Ordinance Approving the Plat of Pace - Martinez
Subdivision, A Special Area Plan was passed and approved on October 25, 2004, copy
attached. Section 5 of said ordinance states "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 1971 Code of Ordinances
meeting and complying with the subdivision requirements of the City 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 1971 Code of Ordinances,
and are not for any reason filed and approved within one (1) 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 of the final subdivision plat
becomes effective."
This letter is your written notice that Ordinance No. 7220, An Ordinance Approving
the Plat of Pace - Martinez Subdivision, A Special Area Plan and Ordinance No. 7221, An
Ordinance Approving the Pace - Martinez Special Area Plan will automatically be rescinded
and repealed thirty (30) days after the date of this letter. The expiration date has already
passed and a time extension is not available.
I am available to answer any questions concerning this matter that you might
have.
Sincerely,
Joe Martellaro
Associate Engineer II
PC: Leonard Pace, Developer
Rudy Martinez, Developer
Jerry Pacheco, Director of Land Use Administration
Gina Dutcher, City Clerk
Dan Centa, Director of Public Works
Mike Beyer, Assistant Director of Public Works
Subdivision File
211 E. "D" Street Pueblo, Colorado 81003 Phone: 719.553.2281 Fax: 719.553.2294
AGENDA ITEM # I - 7
DATE: OCTOBER 12, 2004
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF PACE - MARTINEZ
SUBDIVISION, A SPECIAL AREA PLAN
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
RECOMMENDATION
The Planning Commission voted 7 -0 to recommend approval of the plat at their
July 9, 2003 meeting subject to the following conditions:
1). The property owner shall escrow an amount sufficient to place
underground all utilities within the subdivision, and
2). Plat shall not be recorded until the Deed for east half of Pearl Street
within the subdivision has been received by the Director of Public
Works.
BACKGROUND
Pace - Martinez Subdivision Special Area Plan generally located on the southside
of Pueblo, within "The Blocks ", southwest of the intersection of Pearl Avenue and
Nelson Street. The applicant wishes to subdivide the one -acre parcel into 13 lots
for the purpose of constructing single - family homes. CDBG funds will be used for
street improvements. The application is submitted concurrently with Special Area
Plan SAP- 03 -02, which was also approved by the Planning and Zoning
Commission.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated June 25, 2003 and is in
compliance with the conditions of approval made by the Planning and Zoning
Commission on July 9, 2003 as confirmed in the memo from Joe Martellaro dated
October 1, 2004.
FINANCIAL IMPACT
None.