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Home My WebLink About07950ORDINANCE NO. 7950 AN ORDINANCE APPROVING THE FOREST VALE PARK (A MOBILE HOME COMMUNITY) SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Forest Vale Park (A Mobile Home Community) Subdivision being subdivision of land legally described as: A parcel of land located in a portion of the E '/ of the NE Y4 of Section 21, Township 21 South, Range 65 West of the 6 P.M., more particularly described as follows: Considering the East line of the NE Y4 of Section 21, Township 21 South, Range 65 West of the 6 P.M. to bear N. 00 0 54'45" E., and all bearing contained herein being relative thereto. Commencing at the SE corner of Lot 7 of La Vista Hills Stables Subdivision according to the recorded plat thereof as filed for record April 3, 1959, said point also being on the Westerly right -of -way line of Starlite Drive (Lariat Road) as presently located and as recorded in Book 1654 at Page 827 in the Pueblo County Records; thence S. 00 0 54'45" W., (S. 0 Deed), along said Westerly right -of -way line a distance of 1251.98 feet, (1252.01 feet Deed) to the Point of Beginning; thence N. 89 0 06'15" W., ( N. 89 0 57' W., Deed ), a distance of 327.00 feet; thence N. 00 0 54'45" E., ( N. 00 0 04' E. Deed ), a distance of 454.50 feet; thence N. 89 0 05'15" W., ( N. 89 Deed ), a distance of 404.00 feet to a point on the Easterly right -of -way line of the Arkansas Valley Conduit as presently located; thence along said Easterly right -of -way line the following three (3) courses: 1. S. 01 0 13'45" W., (S. 0 Deed), a distance of 109.05 feet; 2. Southerly along the arc of a curve to the left whose radius is 349.27 feet, a distance of 149.96 feet; 3. S. 23 0 22'15" E., (S. 24 0 13' E. Deed), a distance of 533.74 feet; thence S. 89 0 06'15" E., (S. 89 0 57' E. Deed), a distance of 481.20 feet to a point on the Westerly right -of -way line of said Starlite Drive (Lariat Road); thence N. 00 0 54'45" E., along said Westerly right -of -way line a distance of 286.59 feet to the Point of Beginning. Containing 7.430 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 subdivision is approved with the following condition: Prior to the mobile home park application and site plan being presented to the Planning and Zoning Commission for approval of a Mobile Home Park License, per Section 8 -8- 13 of the Code of Ordinances, a recreation area shall be provided of a size not less than eight percent (8 %) of the gross mobile home park area, generally provided in a central location, including suitable landscaping, fencing and benches. SECTION 3. 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 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 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. BY: Judy Weaver Councilperson PRt ATTESTED aY { CLERK INTRODUCED: December 8, 2008 PASSED AND APPROVED: December 22, 2008 D D O y — A � � �= I �ED �'�L - - �'� ------------ 7 Background Paper for Proposed ORDINANCE DATE: DECEMBER 8, 2008 AGENDA ITEM # 40 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE FOREST VALE PARK (A MOBILE HOME COMMUNITY) SUBDIVISION PLAT ISSUE Shall City Council approve the request to subdivide the property to facilitate development of a mobile home park? RECOMMENDATION The Planning and Zoning Commission, at their November 12, 2008 regular meeting, voted 5 -0 to recommend approval with the following condition: Prior to the mobile home park application and site plan being presented to the Planning and Zoning Commission for approval of a Mobile Home Park License, per Section 8 -8- 13 of the Code of Ordinances, a recreation area shall be provided of a size not less than eight percent (8 %) of the gross mobile home park area, generally provided in a central location, including suitable landscaping, fencing and benches. BACKGROUND The subject site was annexed into the City in 1973 and concurrently rezoned from County B -4 to R -7, Mobile Home Residential District. Forest Vale Park (A Mobile Home Community) Subdivision consists of one 7.430 -acre lot, which is intended to facilitate the development of a mobile home park. The lot must conform to the standards set forth in Chapter 8 of Title 8 of the Pueblo Municipal Code. Section 8 -8 -5, of the Pueblo Municipal Code, states that "every mobile home park shall have direct access to a public street having a right -of -way of at least 60 feet" and that the Planning and Zoning Commission shall review the application and site plan for the mobile home park prior to issuing a Mobile Home Park Permit. The Forest Vale Subdivision provides a 286.59 - foot access to Starlite Road, and a site plan, developed according to Housing Code Standards, will be provided at the time of Part II submittal. As presented, the subdivision meets the standard lot requirements of Title 17 and Title 8 of the Pueblo Municipal Code; site - specific information will be presented with the application for a Mobile Home Park Permit. FINANCIAL IMPACT None.