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Home My WebLink About10039*ORDINANCE NO. 10039 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 3 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the North Vista Highlands, Filing No. 3 Subdivision, being a subdivision of land legally described as: A parcel of land located in the North one-half of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Parcel "J" according to the recorded plat of North Vista Highlands, Filing No. 1 filed for record on November 15, 2019 at Reception No. 2159276 in the office of the Pueblo County Clerk and Recorder. Containing 53.999 acres, 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 enforcement or nonenforcement of this Ordinance or the City’s Subdivision Ordinances 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 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-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 and 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 October 25, 2021 . Final adoption of Ordinance by City Council on November 8, 2021 . President of City Council Action by the Mayor: ☒ Approved on November 10, 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-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: October 25, 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 APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 3 SUBDIVISION SUMMARY: The applicant is requesting to subdivide approximately 53.99 acres of land into thirty-three (33) residential lots and multiple parcels for future development, drainage, detention, trails, and public utilities. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located north and west of the Walking Stick, Vista, Filing No. 1, Parcel I and east of North Vista Highlands, Filing No. 1. The proposed subdivision divides the property into thirty-three (33) single-family residential lots, two parcels dedicated for drainage, detention, pedestrian, and public utilities (Parcels A and B), and two parcels reserved for future development (Parcels C and D). Parcel A is an eastern extension of Parcel C, North Vista Highlands, No. 1, which will extend pedestrian trails and utilities east and north within the proposed development. Parcel B is an extension of the trail and utility easement north of El Principio Drive. Parcel C is a non-buildable lot reserved for future development, which will extend residential development north in a future filing. Finally, Parcel D, appears to have been created to correct for street geometry, the property curves to the east but the street standards prohibit the street from following the curve, resulting in a small parcel that will be maintained by the metropolitan district. It is assumed that Parcel D will be included in an adjacent future subdivision to the east as noted on the subdivision plat dedication. The North Vista PUD Development Guide includes extensive regulations and guidance for Park dedication to ensure that 7.5 acres of park is provided for each 1,000 residents. The PUD requires the subdivider to dedicate .0075 acres of land as District Park and .015 acres as Neighborhood Park with each residential subdivision, Section 2.2.1. The PUD identifies that three district parks will be constructed within Planning Area 7, Planning Area 5, and Planning Area 1. Because the District Park is not planned to be accommodated in Planning Area 4, which is the location of the proposed subdivision, the subdivider has indicated that .25 acres of District Park will be dedicated in Planning Area 7 for Filing No. 3. A Park Dedication table has been included on the subdivision dedication page to track acreage dedicated for future development of District Parks and tracking Neighborhood Park dedication. The North Vista PUD allows for Neighborhood Park requirements to be met in adjacent subdivisions as long as the park amenities are within .25 miles of the residences within the proposed subdivision (Section 7.7.2.3). The applicant for North Vista Highlands, Filing No. 3 is proposing that Neighborhood Park requirements have been met with North Vista Highlands, Filing No. 1 Park and Trail dedication (Filing No. 1 and Filing No. 3 are located in Planning Area 4). Analysis of Neighborhood Park locations in Filing No. 1, indicate that all residences within Filing No. 3 are within the .25-mile radius as required by the PUD. The Park dedication table indicates 5.20 cumulative acres of park amenities (Neighborhood Park, Trail and Open Space) were dedicated within Filing No. 1; therefore, the required Neighborhood Park dedication for Filing No. 1 and Filing No. 3 (2.9 acres) have been met. Future subdivision of Parcel C will require additional park area to be dedicated within that subdivision, as not all residential lots will be located within the .25-mile radius of the park amenities in Filing No. 1. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 11, 2021 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 resubdivided which will impede development of the site. 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 Minutes of the Planning and Zoning Commission August 11, 2021 Public Hearing Memorandum from the Department of Public Works Dated October 4, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits