Loading...
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