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HomeMy WebLinkAbout6170RESOLUTION NO. 6170 A RESOLUTION MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER PUBLIC HEARING ON THE ORDINANCE CAPTIONED "ORDINANCE APPROVING THE PLAT OF UNIVERSITY PARK SUBDIVISION, 17TH FILING" WHEREAS, an Ordinance captioned "Ordinance Approving University Park Subdivision, 17th Filing" (herein "Ordinance ") was presented to the City Council upon second and final presentation on January 25, 1988, and WHEREAS, the City Council held a public hearing prior to City Council acting upon the Ordinance, and WHEREAS, the public hearing commenced on January 25, 1988 and at the request of the applicants for the Ordinance was continued to and concluded on February 22, 1988, and WHEREAS, a motion made after public hearing to approve the Ordinance failed to pass by six councilpersons voting against the motion and one councilperson voting for the motion, and WHEREAS, the City Council does hereby take administrative notice of Chapter 4, Plats and Subdivisions, Title XII of the 1971 Code of Ordinances of the City of Pueblo and specifically Section 4(1) thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: gRrTTnN 1 _ Based upon the evidence presented and introduced at the public hearing held before the City Council on the Ordinance and administrative notice of the City's Ordinances heretofore taken, the City Council of the City of Pueblo does hereby find and deter- mine that: 1. Section 4(1) of Chapter 4, Plats and Subdivisions, Title XII of the 1971 Code of Ordinances of the City of Pueblo provides: No plat of a subdivision shall be submitted to the City Council for approval or accepted by the City of Pueblo until it conforms to the provisions of this Chapter. 2. No testimony or other evidence was presented nor introduced during the public hearing that the plat of University Park Subdivision, 17th Filing conforms to or meets the provisions and requirements of Chapter 4 of Title 12 of the 1971 Code of Ordinances. 3. The applicants seeking approval of the plat of Universi- ty Park Subdivision, 17th Filing, although representated at the public hearing, failed to introduce any evidence or submit any argument during the public hearing that the plat of University Park Subdivision, 17th Filing conforms to or meets the provisions and requirements of Chapter 4 of Title 12 of the 1971 Code of Ordinances. 4. The City Council by its own ordinances is prohibited from accepting a plat of a subdivision until it conforms to the provisions of Chapter 4, and since the record of the public hearing does not show and applicants failed to demonstrate or establish by any evidence during the public hearing that the plat of University Park Subdivision, 17th Filing conforms to or meets the provisions and requirements of Chapter 4, the motion to approve the Ordinance should be denied. SECTION 2 This Resolution is hereby approved and adopted nunc pro tunc February 22, 1988. -2- INTRODUCED: April 11, 1988 By MICHAEL OCCHIATO Councilman ATTEST: APPROVED: Ci y Clerk esident of the City Council -3-