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HomeMy WebLinkAbout08136Reception 1835391 03/10/2010 02:01:30 PM ORDINANCE NO. 8136 AN ORDINANCE APPROVING THE WOLF VILLAGE SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Wolf Village Subdivision, Filing No. 1, being a subdivision of land legally described as: A re- subdivision of University Village Subdivision, Filing No. 1 and a portion of University Village Subdivision, Filing No. 2, a Special Area Plan located in a portion of the SE '/4 of Section 17, and a portion of the NE ' /4 of Section 20, Township 20 South, Range 64 West of the 6 Principal Meridian in the County of Pueblo and State of Colorado, and being more particularly described as follows: All of Lot 1, Block 1 in University Village Subdivision, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 839635 and all of Lots 1 and 2, Block 2 in University Village Subdivision, Filing No. 2, a Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 1372500 and a portion of vacated Troy Avenue adjacent to Lots 1 and 2, Block 2 in University Village Subdivision, Filing No. 2, a Special Area Plan according to the recorded plat thereof as filed for record at Reception No. 1805422 in the Pueblo County Records Containing 22.36 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. 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 January 11, 2010 BY Vera Ortegon /Councilperson APPROVED: Lawrence Atencio/President City Council ATTESTED BY: Gina Dutcher/City Clerk PASSED AND APPROVED: January 25, 2010 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -2 DATE: JANUARY 11, 2010 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE WOLF VILLAGE SUBDIVISION, FILING NO. 1 ISSUE Shall City Council approve a request to resubdivide the 22.36 -acre tract of land located east of Colorado State University - Pueblo, north of Alamosa Drive and west of Troy Avenue into one large lot? The Planning and Zoning Commission, at their December 9, 2009 Regular Meeting, voted 4 -0 to recommend approval. BACKGROUND The applicant is proposing to subdivide a 22.36 -acre tract of land into one lot to facilitate construction of the remaining phases of the Wolf Village Student Housing project. The project site was originally subdivided in two filings and three lots, the first filing was recorded in 1987 and the second in 2001. The southern portion of the site, Lot 2, Block 2, University Village Subdivision, Filing No. 2, has been developed with the first phase of the Wolf Village Student Housing Project. The first phase contains 67 dwelling units and total build -out of all phases will equal 268- dwelling units. Resubdividing the site into one large lot will allow the remaining Wolf Village Student Housing units to be constructed. FINANCIAL IMPACT None.