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HomeMy WebLinkAbout07300ORDINANCE NO. 7300 AN ORDINANCE APPROVING THE PLAT OF THE RETREAT AT PUEBLO. A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of The Retreat at Pueblo, A Special Area Plan being a subdivision of land legally described as: A parcel of land located within the West one -half of the Northwest one - quarter of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, being described as Parcel B, Subdivision Exemption No. 2004 -002 according to the recorded plat thereof filed for record June 16, 2004 at Reception No. 1570781 in the Office of the Pueblo County Clerk & Recorded, County of Pueblo, State of Colorado. Said parcel contains 3.35 acres, 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 following modification to the subdivision regulations is hereby approved: Authorization of a private roadway with a centerline radius less than 100 feet. 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 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 becomes effective. INTRODUCED April 11, 2005 BY Jeff Chostner Councilperson APPROVED: PREStDENT 9F CITY C IL ATTESTED BY: CITY CLERIC PASSED AND APPROVED April 25, 2005 Background Paper for Proposed ORDINANCE „mac =# - 7300 AGENDA ITEM # A ZS DATE: APRIL 11, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF THE RETREAT AT PUEBLO, A SPECIAL AREA PLAN ISSUE Shall City Council approve a request to subdivide this property for the purpose of residential development? RECOMMENDATION The Planning and Zoning Commission, at their February 9, 2005 regular meeting, voted 6 -0 to recommend approval. BACKGROUND The Retreat at Pueblo, A Special Area Plan, is generally located on the south side of Pueblo and southwest of Bandera Parkway and north of Colorado State Highway 78. The Planning and Zoning Commission voted unanimously to recommend approval of the applicant's request to subdivide with the following modification to the subdivision regulations: Authorization of a private roadway with a centerline radius less than 100 feet. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated March 31, 2005. This application is concurrent with Rezoning Z -04 -24 and Special Area Plan SAP -04- 05, which were also approved unanimously. FINANCIAL IMPACT None.