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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. 415 r� F 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.