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.
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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
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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.