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HomeMy WebLinkAbout08057Reception 1819568 09/25/2009 ORDINANCE NO. 8057 AN ORDINANCE APPROVING THE CANDLEWOOD COURT SUBDIVISION, FILING NO. 2 PLAT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Candlewood Court Subdivision, Filing No. 2 Plat being a subdivision of land legally described as: Parcel A of Candlewood Court Subdivision 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. 1819568 ORD 09/25/2009 01:24;47 PM Page: 2 of 2 R 11,00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ® Illi�' iHY�Nu4Rl� 'I�1'�I�J�G���4�CNb��di61������ ®1111 SECTION 4. 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. INTRODUCED: August 10, 2009 BY: Randy Thurston COUNCIL PERSON APPROVED: �uJ rmr PRESIDENT OF CITY OUNCIL ATTESTED CLERK PASSED AND APPROVED: August 24, 2009 WHO SRI Background Paper for Proposed ORDINANCE AGENDA ITEM # R -13 DATE: AUGUST 10, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE CANDLEWOOD COURT SUBDIVISION, FILING NO. 2 PLAT ISSUE Shall City Council approve a request to resubdivide the property to create a separate lot for the clubhouse that is located in the center of the development so that the property may be sold independently? The Planning and Zoning Commission, at their November 12, 2008 Regular Meeting, voted 5 -0 to recommend approval. BACKGROUND The applicant proposes to resubdivide and amend the Candlewood Court Subdivision and Special Area Plan in order to create a separate lot for the clubhouse that is located in the center of the development. Candlewood Court was subdivided in 1981 as one parcel and 23 town home units. Parcel A contains ingress /egress easements, common grass areas and a clubhouse in the center of the development. The clubhouse was constructed in 1981 and eventually converted into a single - family residence in the early to mid- 1990s. Therefore, the Candlewood Court Owners Association would like to resubdivide to create a separate lot for the clubhouse /residence so that it can be legally sold to an independent party. The placement of the clubhouse /residence on the odd shaped lot precludes standard R -4 setbacks from being met. The Special Area Plan is necessary to allow reduced setbacks and the lot to front a private drive. FINANCIAL IMPACT None.