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11/05/1998
ORDINANCE NO. 6320
AN ORDINANCE APPROVING THE ELEVENTH FAIRWAY
SUBDIVISION AMENDED SPECIAL AREA PLAN
WHEREAS, the Eleventh Fairway Subdivision Amended Special Area Plan has
been submitted to the Planning and Zoning Commission for approval pursuant to Section
17 -4 -29 of the 1971 Code of Ordinances, and
WHEREAS, the Planning and Zoning Commission after a public hearing found
and determined the objectives and requirements of said Section 17 -4 -29 can and will
be met, and
WHEREAS, THE Planning and Zoning Commission has recommended the
approval of the Eleventh Fairway Subdivision Amended Special Area Plan without conditions:
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Eleventh Fairway Subdivision Amended Special Area Plan is approved.
SECTION 2.
This ordinance shall become effective immediately upon final passage and approval.
INTRODUCED May 11 1998
By Rich Golenda
Councilperson
APPROVED
Pre#ent of the Council
4/27/98
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City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: April 17, 1998
TO: Pueblo City Council
FROM: City of Pueblo, Planning and ZoniDg Commission
SUBJECT: CASE NO. SAP- 98 -3 -- SPECIAL AREA PLAN -- ELEVENTH FAIRWAY SUBDIVISION AMENDED
WEST SIDE OF PUEBLO COUNTRY CLUB
SYNOPSIS
BACKGROUND: The applicant, in conjunction with a concurrently submitted
Subdivision (S- 98 -4), proposes to amend a six -lot residential
development (already constructed) with common areas and private
access. The reason for the amendment is to decrease the size of
common area.
ISSUES: No significant issues have been identified by staff. Approval
of the proposal will promote development of the property in a manner
consistent with the Goals and Policies cf the Pueblo Regional
Comprehensive Development Plan Approval of the proposal is
dependent on the acceptance of the concurrently submitted subdivision
(S- 98 -4).
RECOMMENDATION: The Commission recommends approval by a 7 -0 vote.
GENERAL INFORMATION
Applicant: H.B. Whittmore, Eva Whitmore, James A. Kenyon,
Patricia T. Kenyon, Ann Carruth, Shirley Weindling,
Roy A. Allen, Susan B. Allen, Buddy W. Rice, and Brucine Rice.
Owner of Property: Same
Location: West Side of Pueblo Country Club
Existing Zone:
Request:
Purpose:
Size:
211 E. T" Street, P.O. Box 1427
R -6 /Multiple Residential and Commercial District (See Attached
ZONING /LOCATION MAP).
Special Area Plan.
Single- Family Development.
3.48 Acres.
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• Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572.
V
Pueblo City Council
Case No. SAP -98 -3
April 17, 1998
Page Two
Existing Land Use: Residential (See Attached SITE PHOTO).
Surrounding Land
Use /Zoning: NORTH- -Golf Course /R -6
SOUTH -- Single - Family Residences /R -1
EAST - -Golf Course /R -6
WEST - -Water Board Facility /S -1
Applicable
Regulations: Minimum standards for a Special Area Plan are contained in
Section 17 -4 -9 of the City of Pueblo Code of Ordinances.
SPECIAL INFORMATION
Public Utilities:
-- Water: The area is presently serviced. Water mains were installed as
a part of the original Eleventh Fairway Subdivision Filing (L.
Huffstutter, 3/9/98).
-- Sanitary Sewer: The area is currently served by a private system (R. Morgan,
3/19/98).
- -Storm Sewer: There is existing storm sewer and surface drainage. The area
is served by a private system (R. Morgan, 3/19/98).
Transportation: Existing traffic flow is "good." The proposal will not
significantly affect traffic conditions (D. Centa, 3/19/98).
Parks: Park land was dedicated in a previous subdivision
Comprehensive
Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land
Use" Map depicts this area as a "residential" use.
Goal B -2(6) of the "Residential" Land Use Element of the
Comprehensive Plan is "...to have infill development in the
urban areas of the Region as a major component of overall
residential growth."
Planning: A memorandum to the Commission from the Subdivision Review
Committee dated April 1, 1998, states as follows:
"During construction of the townhouse units, some building
dimensions were changed at the owner's request. This plat was
prepared to amend the lot lines to reflect the actual
boundaries of the building envelopes as they were
constructed. There area a few minor changes that need to be
made on the plat. The recording information for the sewer
easements outside the plat is incorrect and needs to be
changed."
Pueblo City Council
Case No. SAP -98 -3
April 17, 1998
Page Three
"The Subdivision Review Committee recommends that the plat be
approved CONTINGENT upon the above mentioned changes being
made and that the plat NOT be put on City Council's agenda
until all changes have been made and approved by the Director
of Public Works."
ANALYSIS
The applicant, in conjunction with a concurrently submitted Subdivision (Case
No. S- 98 -4), proposes to amend a six -lot residential special area plan. The
property is developed and lies on the Western edge of the Pueblo Country Club and
was previously approved for subdivision (S-96 -5) and Special Area Plan (SAP -96 -2) in
February 1996. The property is accessed via a private access road connecting to
8th Avenue to the south and utilizes common areas and private utilities.
The primary difference between this application and the one previously approved is
that the size of the common areas have been reduced to allow for larger home sites.
The purpose of a Special Area Plan is to propose the unique development of such land
or the rehabilitation or redevelopment of an existing area with unique planning,
building, or ownership techniques not adequately recognized by the terms of the
title for zone districts in which the land is submitted.
The following analysis is based on the City of Pueblo Special Area Plan requirements
as listed in Section 17 -4 -29 of the Code of Ordinance, 1971, as amended. The
following objectives and requirements of the Special Area Plan are reviewed to
determine compatibility with this proposal.
STATEMENT OF PURPOSE
(a) If residential, the overall net density of the area so planned, exclusive
of the street rights- of -wav, shall not be greater than if each individual
parcel were built with a lot size conforming to the requirements of the
zone district.
Net density is less than that allowed in the R -6 Zone District.
(bZ The plan shall provide for the use and continuous maintenance of any
remaining open space as well as only land common to all properties or
controlled by a corporation or home owners association composed of all
present and future owners of all property within the proposed development
and provision is made for the recording of such with each deed. And land
dedicated to public use and formally accepted by City Council need not be
maintained by such corporation or home owners association.
The plan indicates private access with a common driveway island and common
landscaping. Maintenance is addressed by a home owners' association.
(cZ The plan may provide for exceptions to minimum setback and lot width and
depth requirements for each building if such can reasonably be made so that
the public health, safety, and general welfare will be protected.
The plan does not indicate any variances to minimum setback and lot width
requirements.
V
Pueblo City Council
Case No. SAP -98 -3
April 17, 1998
Page Four
(dd) The plan shall provide that all setbacks on the periphery of the area shall
not be less than those required for the zone district in which the building
complex is located provided, however, that front setback requirements on
interior streets or service drives may be changed.
Setbacks on the periphery will not vary from minimum requirements.
(e) The plan shall be designed so that there will not be a substantially
adverse effect upon the character of the neighborhood or upon adjacent
property or property values in the area.
The plan is compatible with adjacent residential development.
(fZ The plan shall incorporate adequate safeguards, including but not limited
to screening, fences, and landscaping to protect and maintain harmony with
the surrounding area.
The plan does not indicate what safeguards are provided.
(q) After approval of the plan by the Planning and Zoning Commission and final
approval of the subdivision plat by City Council, building permits may be
issued. No subsequent major changes in the plan may be made unless and
until prior approval is granted by the Commission after a public hearing.
Minor changes may be made by the Commission without a public hearing. No
changes which would be incompatible with the subdivision plat upon which
the Special Area Plan is located by be granted unless approved by City
Council.
Approval of this plan is contingent on approval of the concurrently
submitted Subdivision of the area (Case No. S- 98 -4 -- Eleventh Fairway
Subdivision, Amended).
Twelve copies of the proposed plan shall be submitted to the Subdivision
Review Committee, as defined in Section 12 -4 -3(10) of these ordinances, not
less than 14 days prior to the time the Planning and Zoning Commission will
schedule a public hearing on the plan. Said committee shall submit its
recommendations to the Planning Commission at the public hearing on the
plan.
The applicant has submitted the required amount of copies for review.
The plan shall provide the development sequence of the land within the plan
if development is to be done in phases. Subdivision plats shall be
submitted for the land proposed to be developed in the same development.
The property is presently developed with six home sites.
The plan shall provide the location and dimensions of all existing and
proposed buildings, structures, rights -of -way, easements, and improvements.
The plan indicates the location of the residential construction,
rights -of -way, easements, and improvements.
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Pueblo City Council
Case No. SAP -98 -3
April 17, 1998
Page Five
Before any action shall be taken, the applicant seeking consideration of a
Special Area Plan by the Planning and Zoning Commission shall deposit with
the Finance Department a nonrefundable application fee of seventy -five
dollars ($75.00).
The applicant has apparently paid a $75 nonrefundable application fee.
The above provisions are specifically intended to facilitate and encourage
unique or inventive development ideas such as cluster plans, variable density
arrangements, condominium arrangements, cluster housing and town houses, garden
apartments, shopping centers, industrial parks, common grounds, and facilities
[1957 Code, App. A, Section 6(9); Ordinance No. 3860, 5- 13 -74; Ordinance No.
4221, 8 -9 -76; Ordinance No. 4702, 1- 28 -80].
STAFF CONCLUSION
No significant issues have been identified by staff. Approval of the proposal
will promote development of the property in a manner consistent with the Goals
and Policies of the Pueblo Regional Comprehensive Development Plan Approval of
the proposal is dependent upon the acceptance of the concurrently submitted
Subdivision (S- 98 -4).
PUBLIC HEARING MINUTES (APRIL 8, 1998, SPECIAL MEETING)
(The following testimony was heard in conjunction with Case No. S -98 -4, Eleventh
Fairway Subdivision Amended).
Rocky Mangini, Mangini & Associates, appeared before the Commission and said
this plat and special area plan were approved last year. Mr. Whittmore created
six building sites with a common area and private access road. As construction
progressed, each residence became larger than it was platted so each home was
constructed outside the envelope of the platted lots. The plat and special area
plan before the Commission today moves the lot lines to accommodate the larger
residences.
No one appeared to oppose the plat or special area plan. Chairman Mabie made
the staff report a part of the record and closed the hearings.
COMMISSION DECISION (APRIL 8, 1998, REGULAR MEETING)
Mr. Lytle, seconded by Mr. Ring, moved to recommend approval subject to
acceptance of the final plat. Motion carried 7 -0.
VPM /sw
ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
T
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: S -98 -4 and SAP 98 -3 ELEVENTH FAIRWAY SUB. Amended
DATE: April 1, 1998
During construction of the townhouse units, some building dimensions were
changed at the owner's request. This plat was prepared to amend the lot lines
to reflect the actual boundaries of the building envelopes as they were
constructed. There are a few minor changes that need to be made on the plat.
The recording information for the sewer easements outside the plat is incorrect
and needs to be changed.
The Subdivision Review Committee recommends that the plat be approved
CONTINGENT upon the above mentioned changes being made and that the
plat NOT be put on City Council's agenda until all changes have been made
and approved by the Director of Public Works.
xc: Bud Whittmore
3236 Shalimar Terr.
Pueblo, CO 81008
Mangini & Assoc.
631 Lake Ave.
Pueblo, CO 81004