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HomeMy WebLinkAbout08032Reception 1812985 07/23/2009 ORDINANCE NO. 8032 AN ORDINANCE APPROVING THE PAWS SUBDIVISION, 2 ND FILING SUBDIVISION PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the PAWS Subdivision, 2 Filing Subdivision Plat being a subdivision of land legally described as: Lot 1, Paws Subdivision, according to record December 4, 2007 at Reception Pueblo County Clerk and Recorder; the recorded plat thereof filed for No. 1750671 in the records of the TOGETHER WITH Lots 1, 2, 3, and Parcel A, Special Area Use Plan of Meadow Valley Estates according to the recorded plat thereof, filed November 27, 1981 at Reception No. 679432, in Book 2094 at Pages 795 -796, in the records of the Pueblo County Clerk and Recorder 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: Ordinance 7663, approving the PAWS Subdivision, conditioned that all overhead electric lines be buried within two years of the subdivision approval date. Therefore, all lines must be placed under ground by August 2009. 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. °9 V �m a = o ,a ..m mom_ N9 °� . m Nw� V o NNm� 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 conditions of Section 2 have 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,"Ib 7 tes effective. INTRODUCED: .Tune 8, 2009 uy BY: Randy Thurston c COUNCIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: .Tune 22, 2009 1812985 DRD 07/23/2009 10:51:20 AM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III KNA NA111114'10 A MI N111W A N 11111 I Ord, &03 Z. [ ED �I NOW �J o Background Paper for Proposed ORDINANCE AGENDA ITEM # DATE: JUNE 8, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PAWS SUBDIVISION, 2 "D FILING SUBDIVISION PLAT ISSUE Shall City Council approve a request to subdivide 10.82 -acres into one lot and one parcel to facilitate expansion of the existing Animal Welfare and Protection Society facility? RECOMMENDATION The Planning and Zoning Commission, at their March 11, 2009 Regular Meeting, voted 4 -0 -1 to recommend approval with the following condition: Ordinance 7663, approving the PAWS Subdivision, conditioned that all overhead electric lines be buried within two years of the subdivision approval date. Therefore, all lines must be placed under ground by August 2009. BACKGROUND The applicants are proposing to resubdivide 10.82 -acres to facilitate the expansion of the existing "no kill' animal shelter and the institution of a veterinarian emergency clinic /hospital, doggie day care and a "bark park." The subdivision will consist of one 7.24 -acre lot and one 3.58 -acre parcel. The lot will house the expanded animal shelter, doggie day -care center and veterinarian emergency clinic /hospital. Parcel A will be dedicated as a private park. The proposed subdivision involves four lots and one parcel from two previous subdivisions, the PAWS Subdivision and Meadow Valley Estates, a Special Area Plan. In 2007, the Animal Welfare and Protection Society had plans to expand their shelter facility, precipitating the PAWS Subdivision. A Special Use Permit was issued concurrently by the Planning and Zoning Commission to allow a non- governmental use in an S -1 District; however the expansion never occurred. Meadow Valley Estates, A Special Area Plan, was subdivided in 1981 for low- density residential purposes. The site has been partially developed; however Lots 1 -3 and Parcel A remain undeveloped. FINANCIAL IMPACT None.