HomeMy WebLinkAbout08358Reception 1879496
07/05/2011
ORDINANCE NO 8358
AN ORDINANCE APPROVING THE VINCI SUBDIVISION,
A SPECIAL AREA PLAN SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that.
SECTION 1.
The final plat of the Vinci Subdivision, a Special Area Plan being a subdivision of
land legally described as
A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS
BASIS OF BEARINGS THE NORTHERLY LINE OF SAID SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SECTION 4, BEING MONUMENTED AT EACH
END BY A NO 6 REBAR WITH 21/2" ALUMINUM CAP STAMPED AS SHOWN, AND
BEING ASSUMED TO BEAR S88 °07'38 "E A DISTANCE OF 1313 63 FEET
BEGINNING AT THE CENTER SOUTH 1/16 CORNER OF SAID SECTION 4, BEING A
POINT ON THE SOUTH RIGHT -OF -WAY LINE OF RED CREEK SPRINGS ROAD,
THENCE S03 °43'37 "W, ON THE EAST LINE OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 4, A DISTANCE OF 290 21 FEET,
THENCE N88 °03'34 "W A DISTANCE OF 151 56 FEET, THENCE N01 °58'28 "E A
DISTANCE OF 289 88 FEET TO THE SOUTH RIGHT -OF -WAY LINE OF RED CREEK
SPRINGS ROAD, THENCE S88 °07'38 "E, ON SAID RIGHT -OF -WAY, A DISTANCE OF
160 44 FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 45,237 SQ FEET, OR 1 038 ACRES
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
4
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
e " � L Q,e 1
' , ` � , \ " e INTRODUCED May 23, 2011
r r r y -f
`�`.`as / 'a BY Chris Kaufman
,, • _ _ _ --~ •' U N C I PERSON
,. iriiailli al 43
..' APPROVED PRE IDENT F CITY COUNCIL
ATTESTED BY ■...i.„...-C
ITY CLERK
PASSED AND APPROVED June 13, 2011
Background Paper for Proposed
ORDINANCE
DATE: MAY 23, 2011 AGENDA ITEM # R-6
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE VINCI SUBDIVISION, A SPECIAL AREA PLAN
SUBDIVISION PLAT
ISSUE
Shall City Council approve the request to subdivide a parcel into three lots, a private
street and drainage/park parcel?
RECOMMENDATION
The Planning and Zoning Commission, at their April 13, 2011 Regular Meeting, voted 4-
0 to recommend approval with conditions. Subsequently all conditions of approval have
been met by the applicant.
BACKGROUND
The applicant is proposing to subdivide the one acre property into three lots, each
th
approximately ¼ acre in size. In addition the subdivision will create a 1/8 acre parcel
for drainage and park facility. A single-family residence exists on the proposed Lot 2. A
private street, Serenity Place, located along the east of the property will provide access
to all three lots.
FINANCIAL IMPACT
None.
Reception 1879495
07/05/2011
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on 34,1E 2.Z , 2011 , between the
CITY OF PUEBLO, a Municipal Corporation ( "City "), and
"I' %Pi R . J i►au aap TRP c-Y L .1l t rac.►
( "Subdivider ")
RECITALS
WHEREAS, Subdivider has subdivided_ or is about to subdivide a certain tract of land
located in the City and legally described in attached Exhibit "A ", and
WHEREAS, the Subdivider, as a condition of approval of the final plat of
vtNc»► Svavm.irmot.l i A SPECIAL. A2EA PLML
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII of the Pueblo Municipal Code, and
WHEREAS, Subdivider is required by Chapter 4, Title XII of the Pueblo Municipal Code
to construct and install public improvements described and set forth in Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by City Council
( "Required Public Improvements "), and
WHEREAS, the Required Public Improvements are generally described in the attached
Exhibit "B" and shown on approved construction plans and documents on file in the office of the
City's Director of Public Works ( "Plans and Documents ")
WHEREAS, by Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider is
obligated to provide security or collateral sufficient in the judgement of the Director of Public
Works to make reasonable provisions to construct and complete the Required Public
Improvements
NOW, THEREFORE, in consideration of the foregoing and the following mutual
covenants and agreements, the City and Subdivider agree as follows
1 Subdivider agrees within one hundred and eighty (180) days after applying for a
building permit to construct any building or structure on any building site within the
Subdivision, or upon the issuance of a certificate of occupancy for any such building
or structure, whichever occurs first, to construct and install at its sole cost all of the
Required Public Improvements.
2 In lieu of installing the Required Public Improvements within the time period
prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any
portion thereof shall deposit cash or other collateral with the City Director of Finance,
or with any bank or trust company licensed in the State of Colorado, subject to an
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escrow agreement approved by the City Attorney The holder of such cash or
collateral shall pay all or any portion thereof to the City upon demand after the time
to complete all Required Public Improvements by Subdivider or subsequent owner
expires Such deposit or escrow agreement shall be referred to as the "deposit"
3 The amount of the deposit shall be computed by the City's Director of Public Works
by estimating the total cost of all uncompleted Required Public Improvements within
the block at the time application for building permit is made The amount of the
deposit required by this alternative shall not be less than 25% of such estimate plus
the cost of extending all required sewer and water lines from nearest existing sewer
and water lines to the proposed building site for which a building permit is sought,
plus the costs of extending curb, gutter, sidewalk and paving from the edge of the
Subdivision or existing improvements of a like nature, whichever is closer to the
proposed building site In any case where the block, as later defined, exceeds one
thousand (1000') feet in length between intersecting streets, the estimate of the City
Director of Public Works under this paragraph may be reduced to the total costs of all
uncompleted Required Public Improvements in at least one half (1/2) of such block,
and the required deposit shall be based upon such decreased estimate The
Subdivider, however, shall provide a turnaround of at least sixty (60') feet in
diameter at the mid -block point and barricade such street so that no through traffic
shall be permitted beyond the point to which the estimate of Director of Public Works
is based.
4 Within one hundred eighty (180) days after subsequent application for a building
permit to construct any building or structure upon any building site within the block,
or upon the issuance of a certificate of occupancy for any such building or structure,
whichever occurs first, Subdivider shall also deposit an amount not less than the
estimate of the Director of Public Works for all Required Public Improvements from
existing improvements to the proposed building site, less any previous deposits made
under this agreement upon building sites lying between the most recent proposed site
and existing improvements.
5 In the event the Subdivider or any subsequent owner of the land fails to complete the
Required Public Improvements or to make such deposit within the required time, no
additional building permits shall be issued to the Subdivider or the subsequent owner
or to any other person to build or construct any building or structure in the
Subdivision until such default is remedied. In addition, the City may treat the amount
of such deposit as a debt due the City from the Subdivider or subsequent owner,
which debt shall be a hen upon all the land in the Subdivision and notice of hen may
be filed for record in the office of the County Clerk and Recorder at any time after
such default. Action upon such debt may be instituted by the City within six (6)
years from the date of filing such hen for record. All remedies provided for in this
agreement are cumulative and the use of one shall not prohibit the use of another
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6 Upon paying such deposit, the City Director of Public Works shall release the
proposed building site from the terms of the Agreement except the terms of Paragraph
7 below
7 As a condition of approval of this Subdivision, and to meet the requirements of
Chapter 4, Title XII of the Pueblo Municipal Code, Subdivider specifically agrees
that no certificate of occupancy shall be issued by the Pueblo Regional Building
Department until the Required Public Improvements, or those improvements
necessary as determined by the City Director of Public Works, to totally serve
specific lot(s) or block(s) for which certificates of occupancy are sought, have been
properly designed, engineered, constructed and accepted as meeting the specifications
and standards of the City
The restrictions on issuing certificates of occupancy contained in this Paragraph 7 and
the restriction on the issuance of building permits contained in Paragraph 5 shall run
with the land and shall extend to and be binding upon the heirs, legal representatives,
successors, and assigns of the Subdivider and may be specifically enforced by the
City
8 Acceptance of this Subdivision by the City does not constitute an acceptance of the
roads, parks and other public improvements for maintenance by the City Until such
roads, parks, and other public improvements have been installed and meet the
requirements, standards, and specifications of the City, its Subdivision ordinances
and any applicable Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of Public Works, and, if
appropriate, the City Director of Parks and Recreation, the maintenance, construction,
and all other matters pertaining to or affecting said roads, parks and other public
improvements and rights -of -way are the sole responsibility of the Subdivider or any
subsequent owner(s) of the land within the Subdivision.
9 The required time to complete all Required Public Improvements by Subdivider
within such block shall be one (1) year from the date of application for the first
building permit issued within such block Upon completion and written approval and
acceptance of the Required Public Improvements within the required time and the
payment of all inspection costs by Subdivider, the Director of Public Works shall
cause all obligations of the Subdivider relating to the Required Public Improvements
within such block to be released. If such Required Public Improvements are not
completed within the required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in escrow to be used to compete
the same If insufficient monies are available at the end of the required time to
complete all Required Public Improvements for the entire length of such block, the
Director of Public Works shall cause all collateral or monies in escrow to be reduced
to cash and shall deposit the same with the Director of Finance Such cash shall be
used to complete that portion of the Required Public Improvements as the Director of
Public Works, in the Director's sole discretion, shall determine Until all the
Required Public Improvements are completed and approved by the Director of Public
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Works, Subdivider and the subdivided land shall remain liable and responsible for all
Required Public Improvements
10 For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or
abutting upon the street which the proposed building or structure shall front, to the
rear property line of such lots, or the center line of the alley, if there is an alley,
enclosed at either end by a street which intersects both tiers of lots and shall include
the full width of all streets upon which such lots abut.
11 If the Required Public Improvements are for a commercial subdivision and include
stormwater drainage facilities, stormwater detention facilities, or maintenance and
restoration of adjacent drainage channels, and /or associated improvements and
revegetation (the "facilities "), located either within or outside of the Subdivision,
Subdivider shall install the facilities in accordance with plans and specifications
therefore approved by, and on file with the City, and thereafter, the facilities shall be
repaired, replaced and maintained in good working order and condition by the owners
of the land within the Subdivision. The City is granted the right (but not the
obligation) to inspect, control, repair, replace and maintain the facilities and to
recover all costs and expenses therefore including an administrative charge of 15%
from the owners of the land within the Subdivision All such City's costs and
administrative charges shall become a perpetual lien on all the land within the
Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a
statement of lien setting forth the City's costs and describing the land signed by the
City's Director of Public Works Failure of the City to inspect, control, repair,
maintain, or replace the facilities shall not subject the City to any liability for such
failure
12 Subdivider agrees to provide the City with a current title insurance commitment at the
time of final platting evidencing that fee simple title of all lands in the Subdivision is
totally vested with the Subdivider free and clear of all liens and encumbrances If
such land is not free and clear, the holder of such indebtedness or encumbrance shall
subordinate its interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions
13 The City or the purchaser of any lot(s) within this Subdivision shall have the
authority to bring an action in any Court of competent jurisdiction to compel the
enforcement of this Agreement or any amendment hereto Such authority shall
include the right to compel rescission of any sale, conveyance, or transfer of any
lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this
Agreement. In the event of any litigation arising out of this Agreement, the Court
shall award the prevailing party its costs and expenses, including reasonable expert
witness and attorney's fees. Venue for any such litigation shall be Pueblo County,
Colorado
14 City and Subdivider have attempted by the attached Exhibit "B" and Plans and
Documents to describe all Required Public Improvements to be constructed and
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installed by Subdivider with respect to the Subdivision However, if the attached
Exhibit `B" and Plans and Documents fail to describe or to include, for any reason,
any Required Public Improvement described and set forth in Chapter 4, Title XII of
the Pueblo Municipal Code and the standards and specifications approved by City
Council ( "Omitted Public Improvement "), Subdivider shall not be released or
discharged from Subdivider's obligation to construct and install the Omitted Public
Improvement in the time and manner contained in this Agreement and Chapter 4,
Title XII of the Pueblo Municipal Code
In order to determine whether or not there are Omitted Public Improvements, the
following shall be applicable
(a) If the Required Public Improvements are constructed and installed within ten
(10) years from the date hereof, or within a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Council and interpreted as of the date hereof shall control, unless
adherence to a more recent standard does not require significant engineering
modifications or major revisions to the plans and documents
For the purposes of this subsection, a major revision is defined as, but not
necessarily limited to the relocation or re- alignment of any curb and gutter,
sanitary sewer, storm sewer, manholes or storm inlets, or the change of size or
type of sewer mains, inlets, curb and gutter or sidewalk.
(b) If the Required Public Improvements are constructed and installed after ten
(10) years from the date hereof, or after a five year extension if granted in
writing by the Director of Public Works, then Chapter 4, Title XII of the
Pueblo Municipal Code and the standards and specifications approved by the
City Coucil and interpreted as of the date the Required Public Improvements
are constructed and installed shall control
(c) If Chapter 4 of Title XII and /or the standards and specifications approved by
the City Council are modified or amended to conform with the requirements
of federal or state law, rules or regulations prior to the construction and
installation of the Required Improvements, they shall control as so modified
and amended.
15 Except for guarantee and obligation to correct defects required by Section 12-4 -
70)(9) of the Pueblo Municipal Code, nothing in this Agreement shall be construed to
extend any obligation of the Subdivider beyond the date of written approval and
accepted by the Director of Public Works of the Required Public Improvements
described in attached Exhibit "B ", provided, however that the obligation of the
Developer to construct or install any Omitted Public Improvements will cease
following two (2) years from the date of acceptance of the Required Public
Improvements described in the attached Exhibit "B" by the Director of Public Works.
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16 All Required Public Improvements shall be constructed and installed in compliance
with all applicable standards and specifications approved by City Council
17 The parties agree this Agreement may be periodically amended by mutual consent
provided such amendment is in writing and signed by all parties
18 This Agreement shall extend to and be binding upon the successors and assigns of the
City and upon the heirs, successors, assigns and legal representatives of Subdivider,
and shall be recorded in the office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running with the land until
released as described above
The parties have caused this Agreement to be executed and attested by its duly authorized
and acting officer
TIM R. gtt.1G.1 AtND TIzhc -Y L. J P4C.1
Subdi •
(SEAL) By /
By aff
The foregoing instrument was acknowledged before me on - 5 ; kn e., a a 1
, by - rim R.. Vipac hob TRACY L V ►nK.l , Subdivider
My commission expires
Notary Public
r. ALL
NOTARY PUBLIC CITY OF PUEB 0, a M icipal Corporation
APO , ,
STATE OF COLl7 _ : _, . �+u•o, . .
My Commission Expires February ,
�' ` �,
'4 �
Ptsid t of City Council
AT ST
/41 City, erk ,1 ��'�
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STATE OF COLORADO )
) ss 9
COUNTY OF PUEBLO ) .
The foregoing instrument was acknowledged before me this s�� day of
, �D by M.0 u , k , as
President of City Council, and P as City Clerk of the City of
Pueblo, Colorado
Witness my hand and official seal
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APPROVED AS TO FORM
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City Atto
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:1 I TC Iid . 'I riff I41I11 k Hi III
SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME V iw( Spec%AL AREA eI LaN
DEVELOPER. 11 m \it &it '2 1 S'iAa.L.Imkt 1'x' � ? 4 La ' 91oos
ENGINEER. - SN kSVtifY►Q EIr t rt J I ni L
Itemization of Required Public Improvements
(Use Unit Prices Approved by Public Works in Preparation of Exhibit "B ")
This is an estimate only Actual construction costs may vary
SIVE
PREPARED BY ANSethet
FIRM Arise-or,,,,, &AI { N eotko 144..
The undersigned hereby certifies that (i) the Required Public Improvements shown hereon and
the Plans and Specifications therefore constitute all of the public improvements required to be
installed and constructed for the Subdivision by Chapter 4, Title XII of the Pueblo Municipal
Code and the standards and specifications approved by City Council, (n) the quantities of
construction elements shown hereon accurately depicts the quantities necessary to construct the
Required Public Improvements and (ii) the unit prices shown hereon are the most current unit
prices provided by the City of Pueblo
[P.E SEA_ b - I 'zot
o p p� RFC Professional Engineer Date
3104 :m _
s > •••• • I
04/ ENO
EN G
REVIEWED BY
Director of Public Works Date
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I
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Exhibit B Page rt Ortiz Clerk/Recorder 1 D 0 051 Pueblo 00 v Co
Vinci Special Area Plan III I % riki f Al i1' ti 1o1 1 19 ' '' ti A' If M1111
7- Jun -11
Item 1 Unit 1 Cost 1 QTY 1 Total I
HBP Patch Ton 46 5 12 $558 00
Curb and Gutter LF 10 5 107 $1 123 50
4" Concrete Walk SF 2 5 711 $1 777 50
7" Drive SF 4 253 $1 012 00
Landscape ACRE 16735 0 038 $635 93
Bury OH Elec. LS 6400 1 $6 400 00
FHA EA 2500 1 $2 500 00
Street Sign EA 103 1 $103 00
$14 109 93