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HomeMy WebLinkAbout07965Reception 1794888 02/03/2009 ORDINANCE NO. 7965 AN ORDINANCE APPROVING THE PIEDMONT PARK 11, A SPECIAL AREA PLAN SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Piedmont Park II, A Special Area Plan Subdivision Plat being a subdivision of land legally described as: A resubdivision of Lot 3, Piedmont Park located in the southeast quarter of Section 13, Township 20 South, Range 65 West of the 6 Principal Meridian, County of Pueblo, State of Colorado. Containing 1.998 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. 1794888 ORD 02/03/2009 04:39:14 PM ` Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder: Pueblo Courty, Cc SECTION 4. ®III F.6FYIN ',14WA11hW N 1V1W1 11111 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. { Jau t, 0 ATTE`a$l�g�c A , e 66Y INTRODUCED: January 12, 2009 BY: Randy Thurston COUNCIL PERSON APPROVED: A� 4i� PRESIDENT OF CI COUNCIL PASSED AND APPROVED: January 26, 200 0VJ., - 7 9L5 p D r => C s Background Paper for Proposed ORDINANCE DATE: JANUARY 12, 2009 AGENDA ITEM # J DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PIEDMONT PARK II, A SPECIAL AREA PLAN SUBDIVISION PLAT ISSUE Shall City Council approve a request to resubdivide Lot .3; Piedmont Park dividing said lot into two commercial lots, Lot 3 A and Lot 3 B? RECOMMENDATION The Planning and Zoning Commission, at their December 10, 2008 regular meeting, voted 6 -0 to recommend approval. BACKGROUND The proposed subdivision is requesting to create two lots from Lot 3, Piedmont Park Subdivision, as platted in 1934. Piedmont Park II, Special Area Plan is a two -lot subdivision consisting of 1.998 acres total. The purpose of the subdivision is to facilitate redevelopment of the site, by dividing the existing lot into two lots for commercial development. Jackalope Holdings III, LLC has constructed a restaurant on the west side of the current lot (Lot 3) and will be completely contained within the proposed Lot 3A of this proposed subdivision. The subdivision will allow Lot 3B to be sold for commercial development. Both lots are flag -lots, which were developed as a creative solution to provide right -of -way frontage along Elizabeth Street for Lot 3B and I- 25 frontage for Lot 3A to allow for a high -rise sign. Due to the flag -lot configuration a Special Area Plan is necessary to reduce the required lot frontage for Lot 3B. FINANCIAL IMPACT None.