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HomeMy WebLinkAbout07849Reception 1779817 08/25/2008 ORDINANCE NO. 7849 AN ORDINANCE APPROVING THE REGENCY BUSINESS PARK, FILING NO. 2 SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Regency Business Park, Filing No. 2 being a subdivision of land legally described as: A re- subdivision of a portion of Regency Business Park, LLC and Columbia Heights all being in a portion of the SE ' /4 of Section 9, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, and being more particularly described as follows: All of Lot 5, Block 2 in Regency Business Park, LLC according to the recorded plat thereof as filed for record at Reception No. 1722138 in the Pueblo County records and all of Lots 32, 33, 34 and 35, Block 16 and the vacated alley and vacated Shull Avenue adjacent to Lots 32, 33, 34 and 35, Block 16 being in Columbia Heights according to the recorded plat thereof as filed for record May 23, 1888 in the Pueblo County Records Containing 2.99 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 1779817 ORD 08/25/2008 10:33:05 AM Pep : 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 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, at 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: July 14, 2008 BY: Judy Weaver COUNCIL PERSON J n•nzew /�� t f ', °��r ;' ° % APPR PRESIDENT OF CITY COUNCIL ATTESTED BY: CLERK PASSED AND APPROVED: July 28, 2008 [D AM-' �J o Background Paper for Proposed ORDINANCE AGENDA ITEM # ' DATE: JULY 14, 2008 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE REGENCY BUSINESS PARK, FILING NO. 2 SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide Lot 5, Block 2, into a 2.99 -acre single -lot subdivision to incorporate the enclave into the surrounding subdivision and create one large multifamily residential building site? RECOMMENDATION The Planning and Zoning Commission, at their June 11, 2008 regular meeting, voted 6- 0 to recommend approval. BACKGROUND Regency Business Park was subdivided in 2005, creating 18 commercial lots and a multifamily residential building site. Lot 5, Block 2, of Regency Business Park was reserved for multifamily residential development and completely surrounded a .58 -acre Pueblo County enclave. The applicant is proposing to resubdivide Lot 5, Block 2, into a 2.99 -acre single -lot subdivision. The purpose of the subdivision is to incorporate the enclave into the surrounding subdivision and create one large multifamily residential building site. FINANCIAL IMPACT None.