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HomeMy WebLinkAbout10021ORDINANCE NO. 10021 AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR THE NORTH VISTA MASTER PLAN, PLANNED UNIT DEVELOPMENT GUIDE, ADDENDUM #1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The zoning restrictions for the North Vista Master Plan, Planned Unit Development Guide, upon passage of this Ordinance are hereby amended and shall apply to the following described property: A PARCEL OF ALND LOCATED IN SECTIONS 5, 6, 7 AND 8, TOWNSHIP 20 TH SOUTH, RANGE 64 WEST OF THE 6 p.m. ALL OF LOTS AND BLOCKS IN FOUNTAIN LAKE SUBDIVISION, ALL OF NORTH VISTA HIGHLANDS, FILING NO. 1 ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD ON NOVEMBER 15, 2019 AT RECEPTION NO. 2159276 IN THE PUEBLO COUNTY RECORDS, AND ALL OF NORTH VISTA HIGHLANDS, FILING NO. 2 ACCORDING TO THE RECORDED PLAT THEREOF FILED FOR RECORD ON AUGUST 20, 2021 AT RECEPTION NO. 2240803 IN THE COUNTY OF PUEBLO AND STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Section 5: Southwest ¼ of the Northeast ¼ West ½ of the Southeast ¼, Northwest ¼, and Southwest ¼ Section 6: Northeast ¼ of the Southeast ¼, and South ½ of the Southeast ¼ Section 7: Northwest ¼, and Northeast ¼ Section 8: Northwest ¼, and Northeast ¼ EXCEPTING THEREFORM: All of Lots 1 thru 28 both inclusive in Block 86 in Fountain Lake Subdivision Containing 1,186.48 ACRES, MORE or LESS SECTION 2. With the recommendation of the Planning and Zoning Commission the North Vista Master Plan, Planned Unit Development, Addendum #1, attached hereto, is hereby approved. SECTION 3. 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 4. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on September 27, 2021 . Final adoption of Ordinance by City Council on October 12, 2021 . President of City Council Action by the Mayor: ☒ Approved on October 14, 2021 . □ 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 □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: September 27, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING ZONING RESTRICTIONS FOR THE NORTH VISTA MASTER PLAN, PLANNED UNIT DEVELOPMENT GUIDE, ADDENDUM #1 SUMMARY: The applicant is requesting approval of the North Vista Master Plan, Planned Unit Development (“PUD”) Guide, Addendum #1, relating to the 1,186-acre property located north of Vision Hills Parkway and east of Overton Road. The proposed addendum, modifies three sections of the North Vista Master Plan, PUD, First Amendment to allow the North Vista Highlands Metropolitan Districts 1-5 to enforce the Declaration of Covenants, Conditions, and Restrictions; reduces the required amount of living ground cover within tree lawns; and allows utility cabinets to be screened with “appropriate materials.” PREVIOUS COUNCIL ACTION: The North Vista Master Plan Planned Unit Development, Development Guide was approved by City Council on March 23, 2009 by Ordinance No. 7997. The North Vista Master Plan, Planned Unit Development, Development Guide, First Amendment was approved by City Council on January 11, 2021 by Ordinance No. 9862. BACKGROUND: David Resnick, Founder for North Vista, is requesting to modify three sections of the North Vista Master Plan, Planned Unit Development Guide, First Amendment with the proposed Addendum #1. As proposed, Section 4.4 of the North Vista PUD will be amended to transfer management and enforcement of the Declaration of Covenants, Conditions and Restrictions to the North Vista Highlands Metro Districts 1-5. On July 9, 2021, property owner representatives of the Community Company voted to terminate the Community Company due to unnecessary costs assessed to the residents of North Vista to support the Community Company and Metro Districts 1-5. Sections 6.4.4, b., and c. will be amended to promote water conservation by allowing flexibility in landscape design that encourages less water intensive landscape plantings. Modified Section 6.4.4, b., proposes to reduce the required living ground cover in tree lawns (the area located between a detached sidewalk and street curb) by 50-percent, resulting in a 25-percent minimum living ground cover requirement. Section 6.4.4. c., will be modified to allow service areas and utility cabinets to be screened from view by “appropriate materials,” as opposed to the previously required “appropriate plant materials.” FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 8, 2021, Regular Meeting, voted 5-1 (Avalos dissenting) 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. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, the North Vista Master Plan, Planned Unit Development, First Amendment, will not accurately reflect the agency responsible for the enforcement and management of community spaces; the required living ground cover will not be reduced to 25-percent; and service area and utility screening will be limited to appropriate plant materials thereby not promoting landscape design that allows for low water use. 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: Proposed Ordinance North Vista Master Plan, Planned Unit Development, Addendum #1, Pueblo, Colorado Minutes of the Planning and Zoning Commission September 8, 2021, Public Hearing Planning and Zoning Commission Staff Report with Attachments and Exhibits re : Ordinance 10021 Reception 2250176 10/28/2011 03.39:26 PM North Vista Master Plan Planned Unit Development Addendum #1 Pueblo, Colorado Applicant/Owners'Representative: Jevin Investments,Inc. David Resnick 4068 Crystal Court Boulder,CO 80304 Prepared by: Planmark Design,LLC P.O.Box 202411 Denver,CO 80220 Date: July 21,2021 North Vista PUD-Addendum#1 1 2250176 10/28/2.021 03:39:26 PM Pagert3or�tizf 4ClePrk2Re00 8. pro Puebloz:_:00v, Co UIII FAVII, ,611O'k'II,i'e101V.ifi1lY 1111 Addendum 41 Description Addendum #1 Background: With the first subdivision filing North Vista Highlands Community Association, Inc was formed and recorded Declarations of Covenants, Conditions and Restrictions as amended and restated per the original North Vista PUD. In addition, the North Vista Highlands Metropolitan Districts 1-5 were formed for the purpose of developing and maintaining public improvements within the North Vista Highlands community. Having both a metro district and a community company created unnecessary costs for the residents of the community and at a board meeting held on July 9, 2021 the members of North Vista Highlands Community Association voted unanimously to terminate the community company and transfer the management and enforcement of the Declarations of Covenants, Conditions and Restrictions over to the North Vista Highlands Metropolitan District. Subsequently the Amended and Restated Declaration of Covenants, Conditions and Restrictions for North Vista Highlands Community and Termination Agreement was recorded July 13, 2021 at reception 2234574 and the North Vista Highlands Community Association, Inc. was terminated and dissolved and the management and enforcement of the Declarations of Covenants, Conditions and Restrictions was transferred to the North Vista Highlands Metropolitan Districts 1-5. Therefore the language in paragraph 4.1 of the North Vista PUD is revised as shown below under Revised Sections. Background: Both the City of Pueblo and the Property Owners of the North Vista PUD area have the similar goal to develop a community that promotes conservation of water resources. This is reflected in the plant materials list maintained by the City of Pueblo and included in the North Vista Highlands Design Guidelines. Revisions to the following two sections in the PUD Guide under 6.4 Landscaping help to provide flexibility in landscape design that allows for low water use in public tree lawns and right-of-ways and flexibility in screening materials for utility boxes. 6.4.4.b: Revise percentage of required living ground cover from 75% to 25%. 6.4.4.c: Revise language for screening requirement to not be limited to plants but other materials that would not require water to maintain. Therefore the language for these sections are revised below: Date: July 21,2021 North Vista PUD-Addendum#1 3 2250176 10/26/20.21 03:39:26 PM Page 2 o4 4 R 2E; 00 0 ci.00 T 28.00 Ci...ert Ortiz C?.erk/Recnr,ier, Pueblo County, Co 11!11 'fable of Contents Ird7,111.01,Vil N4'6 1. 4T,�+If ai t��ia iiid,+4 lii,�r�� It ill Table of Contents: 1. Addendum #1 Description page 3 2. Revised PUD Guide Sections page 4 Date: July 21,2021 North Vista PUD-Addendum#1 2 2250176 10/28/2021 03:39:26 PM Page: 4 of 4 R 28 00 D 0 00 7 28.00 Gilbert Ortiz Clerk 4ecor ter Pueblo Coy-nty. Co 11111 ;��fiulYi�;ttt 11111 Revised Sections The following sections shown in bold/underline replace the sections in North Vista PUD Guide dated December 11, 2020: 4.1 North Vista Highlands Metropolitan Districts: With the first subdivision filing for the rezoned property as acted upon herin and legally described in this ordinance. action was taken to establish and record the Declarations of Covenants, Conditions and Restrictions, as amended and restated from time to time. All building restrictions, covenants, and other associated conditions attached to the North Vista PUD shall be made to also apply to said property. The North Vista Highlands Metropolitan Districts 1-5 are responsible for the ongoing upkeep and maintenance of any common grounds, structures, signs, etc., as outlined in the Declarations and any other specific development improvements noted as their responsibility in this ordinance. 6.4.4. Single Family Use Landscape Requirements: Requirements must be satisfied prior to the issuance of certificate of occupancy. This includes landscaping in the street right-of-way in all planning area. Street trees along public streets in this Master Plan will be provided by the developer. Builders will reimburse the developer for landscaping in adjacent right-of ways and maintain the landscaping in these areas. In addition: a. Street trees along arterial and collector streets shall be required at a quantity calculated at one (1) tree for every 35 lineal feet. The minimum size for all street trees on arterial, collectors,and local streets is 2.0 inch caliper. b. Tree lawns (area between back of curb and detached sidewalk) must be minimum of 8'wide and 25%of area must have living ground cover. c. Service areas and utility cabinets must be screened from view of street and adjacent properties by appropriate materials. d. Adjacent property owners will maintain all landscaping to the curb unless provisions for their maintenance are established by the Metropolitan District. e. Native and drought tolerant plant materials shall be used whenever possible. Date: July 21,2021 North Vista PUD-Addendum#1 4