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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.