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Home My WebLink About11112 City Clerk's Office Item # R2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: January 12, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE MUNIZ SUNNY HEIGHTS SUBDIVISION FILING NO.1 SUMMARY: The applicant is requesting to subdivide .77-acres into one three lots to facilitate the development of residential units. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Subdivision No. 1 in 1941 when the property was located in Pueblo County. The lot was annexed into the City of Pueblo in 1966 with ordinance 3079. The surrounding area is characterized by single-family housing erected between 2019 and 2021 on land platted in 2004 as the Koles Subdivision. The purpose of the subdivision is to create a total of three lots for residential construction. As part of the subdivision, the owner is dedicating 10 ft of right of way along Orange Street and a 10 ft public utility easement along the eastern property boundary of the subdivision. The lots will be range in size from 10, 583 sq ft to 10, 595 sq ft. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 12, 2025, Regular Meeting, voted 7-0 to recommend approval. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing to all property owners located within 300 feet of the subject property. ALTERNATIVES: If City Council does not approve this Ordinance, the site will not be subdivided which will only allow one residential unit. Upon request of City Council, the Ordinance could be returned to the Planning and Zoning Commission for consideration of proposed modifications. RECOMMENDATION: Approval of the Ordinance ATTACHMENTS: 1. S-24-09 Attachments ORDINANCE NO. 11112 AN ORDINANCE APPROVING THE MUNIZ SUNNY HEIGHTS SUBDIVISION FILING NO.1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Muniz Sunny Heights Subdivision Filing No. 1, being a subdivision of land legally described as: Lot 6, Block 2, WDB Land Company Subdivision No. 1, according to the recorded plat thereof, County of Pueblo, State of Colorado CONTAINING 31,766 SQUARE FEET OR 0.73 ACRE, MORE OR LESS. attached hereto, is hereby approved. 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 inances 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 i 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-l0-l0l, 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. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. 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, 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. SECTION 6. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 22, 2025. Final adoption of Ordinance by City Council on January 12, 2026. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk