HomeMy WebLinkAbout07255Reception 1609636
03/04/2005
ORDINANCE NO. 7255
AN ORDINANCE APPROVING THE PLAT OF
REGENCY CREST SUBDIVISION, FILING NO. 2
A SPECIAL AREA PLAN, 1 sT AMENDMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Regency Crest Subdivision, Filing No. 2, A Special Area Plan, 1St
Amendment, being a subdivision of land legally described as:
Lots 4, 5 and 6, Block 2, Regency Crest Subdivision, Filing No. 2, A Special Area Plan,
County of Pueblo, State of Colorado,
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.
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 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 1971 Code of Ordinances 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
(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 e ive.
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INTRODUCED: December 1
BY: Michael Occhiato
CO UNCILPERSON
APPROVED:
PRESIDJAIT OF CITY COUNCIL
ATTESTED BY: �
Og CLERK
PASSED AND APPROVED: December 27. 2004
DATE: DECEMBER 13, 2004
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
TITLE
AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST
SUBDIVISION, FILING NO. 2, A SPECIAL AREA PLAN, 1 sT AMENDMENT
ISSUE
Shall City Council approve a request to subdivide this property for the purpose of
residential development?
RECOMMENDATION
The Planning Commission, at their November 10, 2004 Regular Meeting, voted
5 -0 to recommend approval.
BACKGROUND
Regency Crest Subdivision, Filing No. 2 is generally located on the southside of
Pueblo, west of Cherrycrest Drive and north of Red Creek Springs Road. The
applicant wishes to subdivide the property into single - family residential lots. The
replat portion covers 0.5712 acres (Lots 4, 5 and 6) and will convert three lots to
two. This application was submitted concurrently with Special Area Plan SAP -04-
04, which was also approved unanimously.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated December 1, 2004.
FINANCIAL IMPACT
None.