Loading...
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 [ E) D �J L� 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.