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HomeMy WebLinkAbout07613ORDINANCE NO. 7613 AN ORDINANCE APPROVING THE PLAT OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 1, 1 ST AMENDMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of North Pueblo Commercial Park, Filing No. 1, 1S Amendment, being a subdivision of land legally described as: A parcel of land located in the SE Y4 of Section 12, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the South line of Lot 3, Block 2, in North Pueblo Commercial Park, Filing No. 1 to bear N. 88 0 17'04" E., and all bearings contained herein being relative thereto. All of Lot 3, Block 2, in North Pueblo Commercial Park, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1027152 and the East Y2 of that portion of vacated Warehouse Drive adjacent thereto as filed for record in Book 2944 at Page 487, less that portion deeded to the City of Pueblo as filed for record at Reception No. 1552212 in the Pueblo County records. Containing 5.85 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. 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 Pueblo Municipal Code 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 June 11, 2007 APPROVED: a ESID NTof City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson PASSED AND APPROVED: June 25, 2007 ED = o Background Paper for Proposed ORDINANCE AGENDA ITEM DATE: JUNE 11, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JERRY M. PACHECO LAND USE ADMINISTRATOR/JERRY M. PACHECO TITLE AN ORDINANCE APPROVING THE PLAT OF NORTH PUEBLO COMMERCIAL PARK FILING NO. 1, IT AMENDMENT ISSUE Shall City Council approve a request to replat 5.58 acres to facilitate the development of commercial property along the east side of Dillon Drive? RECOMMENDATION The Planning and Zoning Commission, at their May 9, 2007 regular meeting, voted 5 -0 to recommend approval. BACKGROUND North Pueblo Commercial Park, Filing No. 1, 1st Amendment is a resubdivision of a 5.85 acre portion of North Pueblo Commercial Park, Filing No. 1 originally approved by the Planning and Zoning Commission on May 12, 1993. The subdivision was platted, in accordance with the North Pueblo Commercial Park Master Development Plan. As proposed, this subdivision will plat three (3) commercial lots and one (1) parcel. The project area -was originally subdivided as four (4) lots with a service street, Warehouse Drive, bisecting the two (2) Blocks and four (4) Lots. The resubdivision will facilitate modern commercial development along. Dillon Drive and the Pueblo Comprehensive Plan. It is the recommendation of the Subdivision Review Committee (SRC) memo dated April 25, 2007, that the plat be approved following condition: The subdivision plat has been changed to reflect that the proposed Lot 1, Block 2, North Pueblo Commercial Park, Filing No. 1, 1 51 Amendment will be subdivided as a parcel not a lot. FINANCIAL IMPACT None.