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HomeMy WebLinkAbout10069Reception 2257457 12/21/2021 12:34:18 PM ORDINANCE NO. 10069 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS FILING NO. 4 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the North Vista Highlands Filing No. 4 being a subdivision of land legally described as: A parcel of land located in the Northeast one-quarter of Section 7, and the Northwest one-quarter 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: All of Parcel "L" and a portion of Parcel "K" in North Vista Highlands, Filing No. 1 according to the recorded plat thereof filed for record on November 15, 2019 at reception no. 2159276 and all of Parcel "B" in North Vista Highlands, Filing No. 2 according to the recorded plat thereof filed for record on August 20, 2021 at reception no. 2240303 in the Pueblo County Records and being more particularly described as follows: Beginning from the East one-quarter Corner of Section 7; thence S. 89°30'31" W., a distance of 2619.69 feet to the Center Corner of said Section 7; thence S. 89°32'10" W; a distance of 767.84 feet to the southwest corner of said Parcel "B"; thence along the westerly line of the aforementioned Parcel "B" the following twelve (12) courses; 1) thence N. 05°27'23" W., a distance of 86.58 feet; 2) thence along the arc of a curve to the right whose radius is 940.00 feet, a distance of 957.81 feet; 3) thence N. 52°55'29" E., a distance of 160.41 feet; 4) thence along the arc of a curve to the left whose radius is 1060.00 feet, a distance of 491.48 feet; 5) thence S. 01°18'25" W., a distance of 61.07 feet; 6) thence N. 88°52'33" W., a distance of 382.60 feet; 7) thence N. 01°07'27" W., a distance of 200.29 feet; 8) thence N. 88°52'33" E., a distance of 175.86 feet; 9) thence N. 01°07'27" W., a distance of 215.92 feet; 10) thence S. 88°52'33" W., a distance of 444.75 feet; 11) thence along the arc of curve to the left whose center bears N. 83°51'43" W., and whose radius is 1060.00 feet, a distance of 141.70 feet; 12) thence N. 01°31'16" W., a distance of 145.46 feet to the Northwest Corner of said Parcel "B"; thence continuing along the north line of said Parcel "B" the following five (5) courses; 2257457 12/21/2021 12.34 18 PM Page 2 ref 4 R 28.00 D 0.00 T 28.00 Gi1he-t Ortiz Clerk/Recorder Pueblo Coun'y, Oo 11111 1) thence along the arc of a curve to the left whose center bears N. 02°25'54" W., and whose radius is 1300.00 feet, a distance of 470.17 feet; 2) thence N. 66°50'46" E., a distance of 666.76 feet; 3) thence along the arc of a curve to the right whose radius is 1300.00 feet, a distance of 1173.42 feet; 4) thence S. 61°26'14" E., a distance of 164.88 feet; 5) thence along the arc of a curve to the left whose center bears N.28°33'46" E., and whose radius is 1320.00 feet, a distance of 177.09 feet to the Northeast Corner of Parcel "B", said point also lying on the intersection of right-of-ways of Home of Heroes Parkway and Cedarweed Boulevard according to the aforementioned recorded plat of North Vista Highlands, Filing No. 2; thence continuing along the West right-of-way line of Cedarweed Boulevard along the arc of a curve to the left whose center bears S. 72°22'52" E., and whose radius is 150.00 feet, a distance of 208.84 feet; thence along the arc of a curve to the left whose center bears S. 82°06'06" E., and whose radius is 790.00 feet, a distance of 778.17 feet; thence S. 48°32'22" E., a distance of 698.55 feet; thence along the arc of a curve to the right whose radius is 640.00 feet, a distance of 515.14 feet; thence S. 02°25'18" E., a distance of 281.00 feet to the Southeast Corner of said Parcel "B"; thence S. 88°03'11" W. along the South line of Parcel "B", a distance of 153.76 feet; thence along the arc of a curve to the left whose radius is 1300.00 feet. a distance of 396.36 feet; thence S. 88°03'11" W., a distance of 567.66 feet to the Point of Beginning. Containing 177.090 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 24-10-101, 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. 2257457 12/21/2021 12:34 18 PM Rage 3 of 4 R 28 00 D 0.00 T 28.00 Giibe-t Ortiz Clerk!Reco-der. pueblo Cor.mty Co SECTION 4. ■III 11 liF'14Jirl "I��,Ir:�l'�� �JI'� ri!!,1 �'Il�r.'711hl1,'j II II I 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 November 22, 2021 . Final adoption of Ordinance by City Council on December 13, 2021 RI OL esident of City Council 2257457 12/21/2021 12:34:18 PM Page: 4 of 4 R 28.00 D 0.00 T 28 00 Gilbert Orti2 Clerk/Recorder Pueblo CoJnty. Co 110 h!r.0.1q,1ar#i;Iiliii'll'i/1' 1f'I7 VI I'iiiiY"i 11111 Action by the Mayor: Approved on/;%DU —ADA/ O Disapproved on based on the following objections: '')e..Aella ddiPdargeig4 Mayor Action by City Council After Disanoroval by the Mayor: O Council did not act to override the Mayor'sveto. O Ordinance re-adopted on a vote of , on O Council action on failed to override the Mayor's veto. President of City Council 2 ATTEST hi" s + .., d �\ r� �'. ' c City Clerk ‘1,:....,.44,:,....2f1 S,," .� o. City Clerk’s Office Item # R-10 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 22, 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. 4 SUBDIVISION SUMMARY: The applicant is requesting to resubdivide Parcel “L” in North Vista Highlands, Filing No. 1 and Parcel “B” in North Vista Highlands, Filing No. 2 to adjust the boundary line between the two parcels. PREVIOUS COUNCIL ACTION: th On January 28, 2019, Ordinance 9405 approved the North Vista Highlands Filing No. 1. On December 28th, 2020, Ordinance 9846 approved the North Vista Highlands Filing No. 2. BACKGROUND: The subject property is located north of University Park Subdivision, 18th Filing and University Hills Subdivision, Filing No. 1, consisting of 177.090 acres. The proposed subdivision creates two non-buildable parcels, Parcel A (140.596 acres) and Parcel B (36.494 acres) by adjusting the boundaries of the previously subdivided Parcel L and Parcel B. The purpose of the resubdivision is to adjust the boundary lines of the previously platted nonbuildable parcels for future sale to individual developers. Prior to development, each parcel will have to be resubdivided into individual lots for residential or mixed-use development. This subdivision does not include any utility or public infrastructure development as both parcels are non-buildable. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 10, 2021, Regular Meeting, voted 6-0 (with Commissioner Schilling absent) 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 re-subdivided 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 November 10, 2021, Public Hearing Memorandum from the Department of Public Works Dated November 15, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits