HomeMy WebLinkAbout07711ORDINANCE NO. 7711
AN ORDINANCE APPROVING THE PLAT OF THE BELMONT PLACE SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Belmont Place Subdivision, being a subdivision of land legally described as:
Then W Y2 of the SW '/4 and that portion of the W Y2 of the NW '/4 in Section 21, Township 20
South, Range 64 West of the 6 th P.M., lying South of the Southerly right -of -way line of Colorado
State Highway No. 47 and excepting therefrom parcels conveyed in Book 1905 at Pages 816, 819
and 823.
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
(I) 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 December 10, 2007
BY Randy Thurston
Councilperson
APPROVED: a
ESID NT%J City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: December 31, 2007
Ord-1111
r cp) � AffiNa
ED .
�J D
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # 1
DATE: DECEMBER 10, 2007
DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR
COMMUNITY DEVELOPMENT
TITLE
AN ORDINANCE APPROVING THE PLAT OF THE BELMONT PLACE SUBDIVISION
ISSUE
Shall City Council approve a request to replat 114 acres to facilitate the development of
241 one and two family residential lots, four commercial lots, nine parcels for drainage
and open space, 3.91 acres of parks and required rights -of ways for access?
RECOMMENDATION
The Planning and Zoning Commission, at their November 14, 2007 regular meeting,
voted 5 -0 -2 to recommend approval.
BACKGROUND
On December 11, 2006 City Council approved the Belmont Place PUD which
established the Development Plan. Based upon revisions to roadway alignments and
infrastructure needs, the applicant has chosen to amend the Belmont Place PUD to
allow for this subdivision request. With this plat, the entire PUD will be subdivided. As
proposed the 114 -acre subdivision includes 241 one and two family residential lots,
four (4) commercial lots, 9 parcels for drainage and open space, a total of 3.91 acres of
parks, of which 1.88 acres is a dog park, and the required rights -of -ways for access.
FINANCIAL IMPACT
None.