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
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2250176 10/28/2.021 03:39:26 PM
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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
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'fable of Contents
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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
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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
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