HomeMy WebLinkAbout10558ORDINANCE NO. 10558
AN ORDINANCE APPROVING THE NORTH VISTA
HIGHLANDS, FILING NO. 7 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the North Vista Highlands, Filing No. 7, being a subdivision of land
legally described as:
A parcel of land located in the N 1/2 of Section 7 and the NW 1/4 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:
The NW 1/4 of Section 7, lying Westerly of County Road (Overton Road) as presently located,
except that portion conveyed to the City of Pueblo in the Deed recorded July 8, 1952 in Book
1187 at Page 292, and except that portion conveyed to Robert C. and Barbara Barr in the Deed
recorded September 20, 2016 at Reception No. 2048608, and except that portion conveyed to
William G. and Terri Lorenz in the Deed recorded September 20, 2016 at Reception No.
2048609
AND
A portion of Parcel "A", all of Parcels "G", and "H" as platted in North Vista Highlands, Filing No.
2, according to the recorded plat thereof as filed for record on August 02, 2021 at Reception No.
2240303 in the Pueblo County Records.
AND
A portion of Parcel "A" as platted in North Vista Highlands, Filing No. 4, according to the
recorded plat thereof as filed for record on December 21, 2021 at Reception No. 2257458 in the
Pueblo County Records.
Containing 248.276 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 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 September 11, 2023.
Final adoption of Ordinance by City Council on September 25, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on _September 27, 2023____.
☐ 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 # S4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 25, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS,
FILING NO. 7 SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide 248.276-acres into 19 parcels for future
subdivision and development. The subdivision includes all of the North Vista Planned
Unit Development (PUD) area north of Home of Heroes Parkway and west of
Cedarweed Boulevard.
PREVIOUS COUNCIL ACTION:
North Vista Highlands Filing No. 2 approved by Ordinance No. 9846 on December 20,
2020 included portions of Parcel A, all of Parcels G and H as non-buildable parcels.
North Vista Highlands, Filing No. 4 approved by Ordinance No. 10069 on December 13,
2021 included a portion of Parcel A as a non-buildable parcel.
BACKGROUND:
The proposed subdivision divides the property into 19 parcels that are reserved for
future subdivision, parks/open space parcels, and public rights-of-way. The purpose of
the subdivision is to create parcels that may be sold to developers, who will then further
subdivide and develop the property according to the North Vista PUD. Previously,
portions of Parcel A, all of Parcels G, and H, were subdivided by North Vista Highlands,
Filing No. 2 as non-buildable parcels. North Vista Highlands, Filing No. 4, subdivided a
separate portion of Parcel A into a non-buildable parcel. The previously subdivided
parcels in Filings 2 and 4 will be re-subdivided in Filing No. 7. All parcels will be labeled
and dedicated as non-buildable parcels, which will require future resubdivision prior to
any type of development. Parcels G and B will be the future western extension of the
Home of Heroes Parkway. Parcel L will be resubdivided as the future alignment of Jerry
Murphy Boulevard, connecting to Home of Heroes Parkway in the future. Following
subdivision, the remaining parcels, will be resubdivided for development according to
the North Vista Master Plan, Planned Unit Development.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 9, 2023 Regular Meeting, voted
5-0 to recommend approval. Commissioners Aznar and Pasternak absent.
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:
1. S-23-02 Attachments