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-