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HomeMy WebLinkAbout07971Reception 1801555 04/09/2009 ORDINANCE NO. 7971 AN ORDINANCE APPROVING THE EL CAMINO SUBDIVISION, 17 FILING, 1 ST AMENDMENT SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the El Camino Subdivision, 17 Filing, 1 St Amendment Subdivision being a subdivision of land legally described as: PARCEL "A ", AS PLATTED IN THE REARRANGEMENT OF PROPERTY BOUNDARIES FOR LOTS 6 AND 7, BLOCK 53, EL CAMINO SUBDIVISION, 17 FILING, RECORDED AT RECEPTION NO. 1668260 OF THE RECORDS OF PUEBLO COUNTY, STATE OF COLORADO; CONTAINING A CALCULATED AREA OF 21,568 SQ. FEET, OR 0.495 ACRES, MORE OR LESS. BASIS OF BEARINGS: THE CENTERLINE OF COSTA MESA DRIVE BETWEEN THE CENTERLINE INTERSECTION WITH MARICOPA DRIVE AND THE POINT OF CURVE TO THE NORTHWEST, BEING MONUMENTED AT BOTH ENDS BY A 2Y2' ALUMINUM CAP STAMPTED "LS 12933" IN MONUMENT BOX, ASSUMED TO BEAR N 51 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: The detached garage, located on the proposed Lot 2, be demolished or a single - family residence be added to the garage within six months of subdivision approval by the City Council. 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. 1801555 ORD 04/09/2009 03:45:36 PM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co SECTION 4. mill K P01 NIM "i 11111 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, (b) the condition in Section 2 has been met and complied with, and (c) 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. ` .uadeQ INTRODUCED: January 26, 2009 � a• " n � BY: Randy Thurston COUNCIL PERSON _ y APPROVED: PRESIDENT OF CI COUNCIL 11.1;rr ATTESTED BY: ITY CLERK PASSED AND APPROVED: February 9, 2009 [PE):! D D ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 29 DATE: JANUARY 26, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE EL CAMINO SUBDIVISION, 17 FILING, 1ST AMENDMENT SUBDIVISION PLAT ISSUE Shall City Council approve the request to subdivide the property to facilitate residential redevelopment? The Planning and Zoning Commission, at their December 10, 2008 Regular Meeting, voted 6 -0 to recommend approval with the following condition: The detached garage, located on the proposed Lot 2, be demolished or a single - family residence be added to the garage within six months of subdivision approval by the City Council. BACKGROUND The proposed subdivision request is to create two separate lots from "Parcel A" of a Rearrangement of Property Boundaries within El Camino Subdivision, 17 Filing. The subject site, originally Lots 6 and 7, Block 53, El Camino Subdivision, 17 Filing, was recorded on March 19, 2003. In 2006, the owner at that time rearranged Lots 6 and 7, Block 53, El Camino Subdivision, 17 Filing into one lot, "Parcel A ", creating a 21,590 square foot parcel. Located on "Parcel A" is a 3,873 square foot single - family residence with a 1,054 square foot detached garage. Current owners are requesting to split "Parcel A" into two separate lots, similar to but not exactly as Lots 6 and 7 of the original subdivision. The purpose of the subdivision is to allow Lot 2 to be sold and redeveloped as residential. Splitting "Parcel A" will place the current single - family residence and the detached garage on separate lots. As a condition of the subdivision, the ordinance language will include a requirement that the detached garage be demolished, or a single - family residence be added to the garage within six months of recording the plat. The detached garage is considered an accessory structure and a non - conforming use in the R -1 Zone District. FINANCIAL IMPACT None.