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HomeMy WebLinkAbout06321Reception 1247387 11/03/1998 ORDINANCE NO. 6321 AN ORDINANCE APPROVING THE PLAT OF THE RESIDENCE AT OUTLOOK SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of The Residence at Outlook Subdivision, being a subdivision of land legally described as: A portion of land located in the Northeast 1/4 of Section 14, Township 20 South, Range 65 West, of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as Parcel A and Parcel B, as recorded in Book 3048 at Page 39, together with a portion of that parcel as described in Book 1935 at Page 152,. being more particularly described in metes and bounds as follows: Commencing at a found city monument at the intersection of Outlook Boulevard and Rancho Del Sol, from which the Northeast corner of said Section 14 bears N 00° 10' 13" E, a distance of 971.81 feet; thence N 00° 00' 00" E, along the the centerline of said Outlook Boulevard, a distance of 189.15 feet; thence N 89 32' 18" W, departing said centerline, a distance of 50.00 feet, to a point on the West Right -of -Way of said Outlook Boulevard, said point being the True Point of Beginning. Thence S 00° 00' 00" E, along said Right-of-Way, a distance of 219.54 feet, to a point at the Northeast corner of Lot 7, Block 4, Gateway Subdivision, First Filing, as recorded on June 26, 1979, in Book 1991, at Page 460, of the Pueblo County records; Thence N 90° 00'00" W, along the North line of said Lot 7, a distance of 200.00 feet, to a point at the Northwest corner of said Lot 7; Thence S 00° 00' 00" W, along the West line of said Block 4, a distance of 100.00 feet, to a point at the Southwest corner of Lot 6, of said Block 4; Thence N 90° 00' 00" W, along the West prolongation of said southline of Lot 6, line also being the boundary of Tract B, of said Gateway Subdivision First Filing, a distance of 510.83 feet; thence N 59° 08' 13" W, continuing along boundary of said Tract B, a distance of 564.22 feet; thence N 00° 07' 26" E, continuing along boundary of said Tract B, a distance of 39.735 feet; thence S 89 32' 18" E, departing boundary of said Tract B, a distance of 1195.11 feet to the point of beginning. Said parcel contains 6.83 acres, more or less, Bearings are based on the monumented centerline of Outlook Boulevard, from a found City monument at the intersection of Outlook Boulevard and Fortino Boulevard, and a found City monument at the intersection of Outlook 111111111111111111111111111111111111111111 HE IN 1247387 11/05/1998 11:59A ORD Chris C. Munoz 2 of 3 R 16.00 D 0.00 pueblo Cty Clk & Rea. Boulevard and Rancho Del Sol whicn is assumed to bear N 00° 00' 00" W as per the plat of Eagle View Subdivision, filed May 16, 1996, at Book 2892 at Page 47 of the Pueblo County records, is hereby approved, and 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 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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. SECTION 4. 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 1 111111 Iilll 11111 IIIII 11111111111111111 iii IIIII 1111 IN 1247387 11/05/1998 11:59A ORD Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Ree. (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 or the final subdivision plat becomes effective. INTRODUCED May 11. 1998 By John Verna Councilmember � o �t.c.. vo y . 4 ��`'.'• fit. ;1 APPROVED � President a CAincil City Clerk 4/27/98 Reception 1247389 11/05/1998 SUBDIVISION FVTROVEMENTS AGREEMENT THIS AGREEMENT is made on -Jam , between the CITY OF PUEBLO, a Municipal Corporation (" y "), and The Oakridye Com pany. A rni nrarin General Partnership ( "Subdivider ") RECITALS: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of "The Residence @ Outlook," A Special Area Plan ( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title X11 of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements "); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time DPW 2/18/98 1111111111111111111111111111111111111111111111111111111111111 1247389 11/05/1998 11:59A AGREE Chris C. IN Munoz 2 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Rec. to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000) feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half ('/2 ) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid - block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be alien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 2/18/98 2 1 111111 11111 11111111111111111111111111111111111111111 1247389 11/05/1998 11:59A AGREE Chris C. Murnos 3 of 11 R 56.00 D 0.00 Pueblo Cty Clk & Rec. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12-4 -7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed., engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this paragraph 7 and the restriction on the issuance of building permits contained in paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights - of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. DPW 2/18/98 3 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage, stormwater detention facility, or maintenance and restoration of restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities "), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions and restrictions. 13. The City or the purchaser of any lot(s) within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, DPW 2/18/98 1 111111 111'1 1247389 11111 11111 111111111111 11111 III 11111 11/05/1998 11:59A AGREE Chris 1111 C. IN Muno: 4 of it R 56.00 D 0.00 Pueblo C!y Clk & Roe. and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. (SEAL) STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) m icy e.l 1R. 1C gQ Subdivider By: By: The foregoing instrument was acknowledged before me on U—% IJ by Michael R. Reeg, General Partner of The Oakridge Company My commission expires: (SEAL or t Notlry Publ' rii Y f'. � .p •��' .�� 141 IN5a� " CITY OF PUEBLO, a Municipal Corporation By: President of the Council City Cl STATE OF COLORADO ) ss. COUNTY OF COLORADO ) 1 11111 11111111111 11111 1111 1111111 11111 111111111111 1111 247389 11/05/1998 11:59A AGREE Chris C. Muno: 5 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Roe. DPW 2/18/98 5 The foregoing instrument was acknowledged before me on _r AA 1998 by Cathy A. Garcia , as President of City Council, and ` Gina Dutcher as City Clerk of the City of Pueblo, Colorado. commission expires: 8 -21 -99 A . I — v \I- ( r a - . tart' Public VED AS TO FORM: 1 1247389 11/06/1998 11:59A AGREE Chris C. Munoz 6 of 11 R 66 00 D 0 00 Pueblo Ct.y Clk 8 Rec I Z�� City Attorn(i � DPW 2/18/98 6 EXHIBIT A A portion of land located in the Northeast 114 of Section 14, Township 20 South, Range 65 West, of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as Parcel A and Parcel B, as recorded in Book 3048 at Page 39, together with a portion of that parcel as described in Book 1935 at Page 152, being more particularly described in metes and bounds as follows: Commencing at a found city monument at the intersection of Outlook Boulevard and Rancho Del Sol, from which the Northeast corner of said Section 14 bears N 00' 10' 13" E, a distance of 971.81 Feet; Thence N 00' 00' 00 "E, along the centerline of said Outlook Boulevard, a distance of 189.15 Feet, Thence N 89' 32' 18" W, departing said centerline, a distance of 50.00 Feet, to a point on the West Right —of —Way of said Outlook Boulevard, said point being the True Point of Beginning. Thence S 00' 00' 00" E, along said Right —of —Way, a distance of 219.54 Feet, to a point at the Northeast corner of Lot 7, Block 4, Gateway Subdivision First Filing, as recorded on June 26, 1979, in Book 1991, at Page 460, of the Pueblo County records; Thence N 90' 00' 00" W, along the North line of said Lot 7, a distance of 200.00 Feet, to a point at the Northwest corner of said Lot 7, Thence S 00' 00' 00" W, along the West line of said Block 4, a distance of 100.00 Feet, to a point at the Southwest corner of Lot 6, of said Block 4; Thence N 90' 00' 00" W, along the West prolongation of said southline of Lot 6, line also being the boundary of Tract B, of said Gateway Subdivision First Filing, a distance of 510.83 Feet, Thence N 59' 08' 13" W, continuing along boundary of said Tract B, a distance of 564.22 Feet; Thence N 00' 07' 26" E, continuing along boundary of said Tract B, a distance of 39.735 Feet, Thence S 89' 32' 18" E, departing boundary of said Tract B, a distance of 1195.11 Feet, to the Point of Beginning. Said Parcel contains 6.83 acres, more or less. 111111111111 11111111111111111111111111111111111 247389 7 of 11 11/05/1998 11:59A AGREE Chris R 36.00 IN C. 1111 Munoz D 0.00 Pueblo C!y Clk & Rec. 7 EXHIBIT B Subdivision Name: The Residence @ Outlook Developer: The Oakridge Company, A Colorado General Partnership Engineer: Abel Engineering Professionals, Inc. PHASE Improvements Amount Units Cost/Unit Total Name: PRIVATE DRIVE 1 EA $1,500.00 Sanitary Sewer and Appurtenances 1 EA $1,000.00 8" Main (Private Drive) 901 LF $22.00 $19,822.00 8" Main (0' -12' depth) 179.3 LF $22.00 $3,944.60 48" Dia. Manhole 2 EA $1,400.00 $2,800.00 8" Cleanouts 2 EA $250.00 $500.00 6" Service Lines 464.3 LF $21.00 $9,750.30 Water Main and Appurtenances 220 SF $3.50 4" Main (including valves) 868 LF $29.22 $25,362.96 4" Service Lines 186.8 LF $29.22 $5,458.30 Fire Hydrants 2 EA $1,800.00 $3,600.00 Fire Line 776 LF $29.22 $22,674.72 Subtotal $93,912.88 Name: OUTLOOK BOULEVARD Demolition Existing Type "S" Inlet Existing Curb and Gutter Removal of Demolition Refuse Pavement 7" Full depth asphalt Concrete Curb and Gutter(6" Standard) 4" Sidewalk Concrete Cross Pan Handicap Ramp (2 @ 110 SF) Square Pan Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 48" Dia. Manhole Water Main and Appurtenances 12" Main (including valves) 1 EA $1,000.00 $1,000.00 1 EA $1,500.00 $1,500.00 1 EA $1,000.00 $1,000.00 1300 SY $14.80 $19,240.00 320 LF $7.80 $2,496.00 624 SF $2.50 $1,560.00 288 SF $3.80 $1,094.40 220 SF $3.50 $770.00 2 EA $419.00 $838.00 219 LF $22.00 $4,818.00 1 EA $1,400.00 $1,400.00 164 LF $29.22 $4,792.08 1111111111111111111111 11111111111111111111111111111 IN 1247389 11/05/1998 11:59A AGREE Chris C. Munos 8 of 11 R 56.00 D 0.00 Pueblo Cty Clk 8 Roo. Storm Sewer 18" RCP Inlet Pipe Run (15" RCP) Type "S" Inlet (L =9') Name: DRAINAGE IMPROVEMENTS Concrete Trickle Pan (5' wide) Overflow Structure Outlet Structure Detention Facility Remove existing outlet "V" Ditches Straw Bales PHASE II 214 LF $29.00 $6,206.00 8 LF $27.00 $216.00 1 EA $2,800.00 $2,800.00 Subtotal $49,730.48 570 LF $16.00 97.3 $9,120.00 $22.00 1 LS $1,000.00 $250.00 $1,000.00 464.3 1 LS $3,000.00 87.3 $3,000.00 $29.22 1.6 AC $16,000.00 $14,691.81 $25,600.00 1 LS $500.00 $500.00 1013 LF $5.00 $5,065.00 1 LS $300.00 $300.00 Subtotal $44,585.00 Improvements Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 8" Cleanouts 6" Service Lines Water Main and Appurtenances 4" Service Lines (including valves) PHASE III Amount Units Cost/Unit Total 97.3 LF $22.00 $2,140.60 1 EA $250.00 $250.00 464.3 LF $21.00 $9,750.30 87.3 LF $29.22 $2,550.91 Subtotal $14,691.81 Improvements Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 8" Cleanouts 6" Service Lines Water Main and Appurtenances 4" Service Lines (including valves) Amount Units Cost/Unit Total 179.3 LF $22.00 $3,944.60 2 EA $250.00 $500.00 464.3 LF $21.00 $9,750.30 186.8 LF $29.22 $5,458.30 Subtotal $19,653.20 11111111111 11111111111111111111111111111111111111111 7389 11/05/1998 11:59A AGREE Chri M 9 Of 11 R °56.00 0 0,00 Pueblo Ct C. Munoz y Clk 8 Rec. PHASE IV 1IIIIIIIIIII1111111111IIIIIIIIIIII111111111111111111111 1247389 11/05/1998 11:59A AGREE Chats C. Munoz 10 of 11 R 56.00 D 0.00 Pueblo Cty Clk A Rec. Improvements Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 8" Cleanouts 6" Service Lines Water Main and Appurtenances 4" Service Lines (including valves) PHASE V Amount Units Cost/Unit Total 87.3 LF $22.00 $1,920.60 1 EA $250.00 $250.00 464.3 LF $21.00 $9,750.30 97.3 LF $29.22 $2,843.11 Subtotal $14,764.01 8" Main (0' -12' depth) Improvements Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 8" Cleanouts 6" Service Lines Water Main and Appurtenances 4" Service Lines (including valves) PHASE VI Amount Units Cost/Unit Total 179.3 LF $22.00 $3,944.60 2 EA $250.00 $500.00 464.3 LF $21.00 $9,750.30 186.3 LF $29.22 $5,443.69 Subtotal $19,638.59 8" Main (0' -12' depth) Improvements Amount Units Cost/Unit Total Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 97.3 LF $22.00 $2,140.60 8" Cleanouts 1 EA $250.00 $250.00 6" Service Lines 464.3 LF $21.00 $9,750.30 Water Main and Appurtenances 4" Service Lines (including valves) 87.3 LF $29.22 $2,550.91 Subtotal $14,691.81 PHASE VII Improvements Amount Units Cost/Unit Total Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 163.3 LF $22.00 $3,592.60 1247389 11/05/1998 11:59A AGREE Chris C. Munoz 11 of 11 R 56.00 D 0.00 Pueblo Ct.y Clk 8 Roe. 8" Cleanouts 2 EA $250.00 $500.00 6" Service Lines 464.3 LF $21.00 $9,750.30 Water Main and Appurtenances 4" Service Lines (including valves) 196.8 LF $29.22 $5,750.50 Subtotal $19,593.40 PHASE VII Improvements Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 8" Cleanouts 6" Service Lines Water Main and Appurtenances 4" Service Lines (including valves) PHASE IX Amount Units Cost/Unit Total 179.3 LF $22.00 $3,944.60 2 EA $250.00 $500.00 464.3 LF $21.00 $9,750.30 186.8 LF $29.22 $5,458.30 Subtotal $19,653.20 Improvements Sanitary Sewer and Appurtenances 8" Main (0' -12' depth) 8" Cleanouts 6" Service Lines Water Main and Appurtenances 4" Service Lines (including valves) Amount Units Cost/Unit Total 97.3 LF $22.00 $2,140.60 1 EA $250.00 $250.00 464.3 LF $21.00 $9,750.30 87.3 LF $29.22 $2,550.91 Subtotal $14,691.81 Prepared by: Katherine A. Cox Firm: Abel Engineering Professionals, Inc. Reviewed by: City of Pueblo Grand Total $325,606.19 Date: Sept. 16, 1998 Date: �� �_�' �( y Reception 1247390 11/05/1998 ADDENDUM TO SUBDIVISION IMPROVEMENTS AGREEMENT (PHASED CONSTRUCTION) This Addendum shall be incorporated in and become apart of the , 1998 Subdivision Improvements Agreement for The Residence @ Outlook, A Specia Area Plan and enforceable as provided in said Subdivision Improvements Agreement. 1. The Subdivider will develop The Residence @ Outlook, A Special Area Plan in separate phases to be identified herein as Phase I, Phase II, (etc.) 2. Phase I shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 1 3. Phase II shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 2 4. Phase III shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 9 5. Phase IV shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 8 6. Phase V shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 3 7. Phase VI shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 4 8. Phase VII shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 7 9. Phase VIII shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 5 10. Phase IX shall consist of the following lots within the Subdivision: Lots 1 through 10, Block 6 11. The Subdivider shall construct and install all of public improvements in the manner and as described in the Subdivision Improvement Agreement needed and required to serve the lots within each Phase. 1111111111111111111111111111111 1247390 11/05/1998 11.59A ADD AG Chris C. M IN 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Ree. 12. For purposes of determining the extent and timing of the required public improvements, each Phase shall be considered as a separate subdivision and an event requiring completion of the improvements in one Phase will not require completion of improvements in the other Phase 13. When the Subdivider completes the subdivision requirements and public improvements for each Phase, the City will release the Lots in that Phase from this agreement as if each Phase was a separate and distinct subdivision. 14. The Subdivision Improvements Agreement as amended by this Addendum shall remain in full force and effect and the covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of City and Subdivider and their respective heirs, personal representatives, successors, and assigns. Executed at Pueblo, Colorado as of 1998 STATE OF COLORADO) )ss. COUNTY OF PU&80 ) ZR aaG SUBDIVIDER: B The foregoing instrument was acknowledged before me this Z- 1998 by Michael R. Reeg, General Partner of The Oakridge Colorado General Partnership, Subdivider. ) , .e J- �I i qq�l My commission expires Public V y° J•V _ s a E- CITY OF PUEBLO, a Municipal Corporation 1 ,A By: (`a t. President of the City ICouncil Reception 1247391 11/05/1998 DECLARATION OF COVENANTS CONCERNING PRIVATE SANITARY SEWER & DRAINAGE EASEMENT FOR THE RESIDENCE na OUTLOOK A SPECIAL AREA PLAN THIS DECLARATION OF COVENANTS is made as of u , 1998 by Michael R. Reeg, General Partner of The Oakridge Company, 2410 Polvers Blvd., Colorado Springs, CO 80915, herein the "Declarant." DEFINITIONS "Easement" means and includes the land shown and dedicated on the plat of the Subdivision, or otherwise granted or dedicated in or outside of the Subdivision, for drainage, detention, streets, sidewalks, and utility purposes that serve or benefit the Subdivision. "Facilities" means and includes street, sanitary sewer facilities, drainage improvements, water lines, gas lines, and electrical lines located in an Easement. "Lot" means a lot or other designated parcel of land within the Subdivision other than Easements. "Lot Owner" means and includes all persons and entities having any right, title or interest in and to a Lot, or any part thereof. "Subdivision" means The Residence @ Outlook, A Special Area Plan. "Subject Property" means the real property located in Pueblo County, Colorado and described in the attached Exhibit "A ". RECITALS A. Declarant is the record owner of, and has fee simple title to the Subject Property. B. Declarant intends to or has subdivided the Subject Property and platted the Subject Property as the Subdivision. C. Declarant desires to provide for the orderly development of the Subdivision and to insure the proper installation, maintenance and repair of the Easements and Facilities. NOW, THEREFORE, Declarant declares that the Subject Property and all Lots within the Subdivision shall be held, transferred, sold, conveyed, occupied and used subject to the following covenants, conditions and restrictions: 11111111111111111111111111111111111111111 IN 11111111 1247391 11/05/1998 11:59A DEC C Chris C. Munoz 2 of 4 R 21.00 D 0.00 Pueblo C!y Clk & Roo. 1. Purpose. The purpose of the covenants and provisions of this Declaration of Covenants is to insure the proper and orderly development of the Subject Property and to provide a reasonable method to maintain and repair the Easements and Facilities to the benefit of all the Lots within the Subdivision. 2. Covenants. (a) Declarant shall install the Easements and Facilities in accordance with plans and specifications therefor approved by, and on file with the City of Pueblo. Declarant shall record this Declaration of Covenants in the office of the Pueblo County Clerk and Recorder contemporaneously with but immediately after the recording of the plat of the Subdivision. (b) Each Lot Owner shall be primarily responsible for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities located in an Easement on or adjacent to such Lot Owner's Lot; provided, however, that all Lot Owners shall be jointly and severally liable for maintaining the Facilities in good working order and condition and for the repair and replacement of the Facilities. (c) The City of Pueblo is granted the right at its option (but not the obligation) to inspect, control, repair, maintain and replace the Facilities and to recover all cost and expenses thereof plus an administrative charge of 15% from the Lot Owners. All such City's cost and administrative charge shall become a perpetual lien on all the Lots within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth City's cost and describing the Lots signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the Facilities shall not subject the City of Pueblo to any liability for such failure. 3. Binding Effect. Each of the covenants and provisions of this Declaration of Covenants shall run with the Subject Property and Lots within the Subdivision, and shall forever be binding upon and inure to the benefit of all Lot Owners and their respective heirs, personal representatives, successors and assigns. 4. Enforcement. (a) The covenants and provisions of this Declaration of Covenants shall be enforceable at law or in equity by any Lot Owner or the City of Pueblo against any person or entity violating, attempting to violate, or not complying with any of the covenants and provisions of this Declaration of Covenants. (b) Failure of any Lot Owner or the City of Pueblo to enforce any of the covenants or provisions of this Declaration of Covenants shall in no event constitute or be deemed to constitute a waiver of the right to do so thereafter, and shall not subject any Lot Owner or the City of Pueblo to any liability for failure to enforce. 1111111111111111111111111111111 IN 1247391 11/03/1998 11:59A DEC C Chris C. Munoz 3 of 4 R 21.00 D 0.00 Pueblo Cty Clk 8 Rec. (c) The enforcing party may seek and recover damages or injunctive relief, or both. In the event of any action or litigation arising out of or to enforce this Declaration of Covenants, the Court shall award the prevailing party its costs and expenses including reasonable attorney fees. Venue for any such action shall be in the District Court In And For The County of Pueblo, State of Colorado and, for purposes thereof, Declarant and all Lot Owners agree to submit to the jurisdiction of that Court. 5. Survival. Invalidation of any one of the covenants or provisions of this Declaration of Covenants whether by final judgement or court order shall not affect any of the remaining covenants or provisions, which shall remain in full force and effect. 6. Modification. Neither this Declaration of Covenants nor any of the provisions hereof may be canceled, terminated, amended or modified without the prior written consent of all the Lot Owners and the City of Pueblo. 7. Applicable Law. This Declaration of Covenants shall be construed, interpreted and enforced in accordance with the laws of the State of Colorado. Executed the day and year first above written. Declarant STATE OF COLORADO) )ss. COUNTY OF u e_bl b ) The foregoing instrument was acknowledged before me this , day of 1998, by Michael R. Reeg, General Partner of The Oakridge Company. ,, eY 0� Witness my hand and official seal. t� 4 J�1 111: My co mission N expires o EXHIBIT A A portion of land located in the Northeast 114 of Section 14, Township 20 South, Range 65 West, of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as Parcel A and Parcel B, as recorded in Book 3048 at Page 39, together with a portion of that parcel as described in Book 1935 at Page 152, being more particularly described in metes and bounds as follows: Commencing at a found city monument at the intersection of Outlook Boulevard and Rancho Del Sol, from which the Northeast corner of said Section 14 bears N 00' 10' 13" E, a distance of 971.81 Feet; Thence N 00' 00' 00 "E, along the centerline of said Outlook Boulevard, a distance of 189.15 Feet; Thence N 89' 32' 18" W, departing said centerline, a distance of 50.00 Feet, to a point on the West Right —of —Way of said Outlook Boulevard, said point being the True Point of Beginning. Thence S 00' 00' 00" E, along said Right —of —Way, a distance of 219.54 Feet, to a point at the Northeast corner of Lot 7, Block 4, Gateway Subdivision First Filing, as recorded on June 26, 1979, in Book 1991, at Page 460, of the Pueblo County records; Thence N 90' 00' 00" W, along the North line of said Lot 7, a distance of 200.00 Feet, to a point at the Northwest corner of said Lot 7, Thence S 00' 00' 00" W, along the West line of said Block 4, a distance of 100.00 Feet, to a point at the Southwest corner of Lot 6, of said Block 4; Thence N 90' 00' 00" W, along the West prolongation of said southline of Lot 6, line also being the boundary of Tract B, of said Gateway Subdivision First Filing, a distance of 510.83 Feet; Thence N 59' 08' 13" W, continuing along boundary of said Tract B, a distance of 564.22 Feet; Thence N 00' 07' 26" E, continuing along boundary of said Tract B, a distance of 39.735 Feet; Thence S 89' 32' 18" E, departing boundary of said Tract B, a distance of 1195.11 Feet, to the Point of Beginning. Said Parcel contains 6.83 acres, more or less. II11III11I1III1I11III1II11I 1247391 I 11/03/1998 11:59A DEC 1111111111111111 C Chris C. Muno: 4 of 4 R 21.00 D 0.00 Pueblo Cty Clk 8 Ree. D ED 0 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 Zoning Commission SUBJECT: CASE NO. SAP -98 -2- -FINAL PLAT- -THE RESIDENCE AT OUTLOOK WEST SIDE OF 4200 BLOCK OUTLOOK BOULEVARD SYNOPSIS BACKGROUND: The applicant, in conjunction with a concurrently submitted Subdivision (Case No. S- 98 -3), proposes to create a nine lot subdivision of ten -unit apartment buildings. ISSUES: The applicant has satisfied all development concerns cited by staff. Approval of the proposal is dependent upon acceptance of the concurrently submitted Subdivision (S- 98 -3). RECOMMENDATION: The Commission recommends approval by a 7 -0 vote. GENERAL INFORMATION Applicant: Michael R. Reeg Owner of Property: The Oakridge Company Location: West Side of 4200 Block Outlook Boulevard Existing Zone: R -4 /Multi- Family Residential Zone District (See Attached ZONING /LOCATION MAP). Request: Subdivision of Property. Purpose: Multi- Family Residential Development. Size: 6.85 Acres. Existing Land Use: Undeveloped Land (See Attached SITE PHOTO). T T 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 N Pueblo City Council Case No. SAP -98 -2 April 17, 1998 Page Two Surrounding Land Use /Zoning: Applicable Regulations: SPECIAL INFORMATION Public Utilities: NORTH -- Vacant Land /R -4, and Single - Family Residences /R -2 SOUTH -- Park /R -2, and Duplexes /R -3 EAST -- Townhomes /R -2 WEST -- Single- Family Residences /R -2 Minimum standards for a Subdivision are contained in Section 12 -4 -7 of the City of Pueblo Code of Ordinances. -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (85 -90 p.s.i.). A main extension will be required in Outlook Boulevard from Rancho del Sol to the north line of the subdivision. All mains within the subdivision will be private (L. Huffstutter, 3/9/98). -- Sanitary Sewer: Sanitary sewer does not exist in the area. The existing sanitary sewer into which the area under consideration would discharge can adequately accommodate additional flow generated by the proposal. A public sanitary sewer service exists in the developed portion of Outlook Boulevard. A private sanitary sewer main extension will be reauired to serve this area (R. Morgan, 3/19/98). - -Storm Sewer: There is an existing storm sewer and surface drainage in the area. Drainage easements must be dedicated for all off -lot flows within the subdivision. Preliminary plans require detention in Tract "B" to be constructed by the developer (R. Morgan, 3/19/98). Transportation: Existing traffic flow is "good." The proposal will not significantly affect traffic conditions (D. Centa, 3/19/98). Comprehensive Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map depicts this area as a "residential" use. Parks: Of a required 0.5480 park dedication, the developer proposes to dedicate 63.72 percent in land and 36.28 percent money in lieu of. 9 Other: The special area plan needs to be changed to combine Tract "A" and the common areas around the building envelopes into one commonly owned tract (R. Morgan, 3/19/98). V Pueblo City Council Case No. SAP -98 -2 April 17, 1998 Page Three Planning: A memorandum to the Commission from the Subdivision Review Committee dated April 1, 1998, states as follows: "This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, off -site easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works within one (1) year of the date of the conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat, as submitted, creates nine (9) building sites. Within each building site there are ten (10) townhouse units planned. The developer proposed to wait until the foundations were poured in order to survey the lot lines for each individual townhouse unit. If the plat is approved as submitted, each building site would have to be replatted in order to sell individual units. In order to avoid the numerous resubdivisions, the developer is going to revise the plat to show the individual lots. As of this date, staff has not received this revised plat for review. The Subdivision Review Committee recommends that this plat be HELD until changes to the plat have been submitted and approved by the Director of Public Works." ANALYSIS The applicant, in conjunction with a concurrently submitted Special Area Plan (Case No. 5- 98 -3), proposes to create a nine -lot subdivision for residential development. Each lot would contain a ten -unit townhome building. The property is undeveloped and lies west of Outlook Boulevard and the Rancho del Sol townhome development east of the Eagleridge neighborhood. The surrounding area consists of vacant land, single and multiple family residences and townhomes. The Special Area Plan would allow for private roadways, utilities and common areas. Staff has stated that a water main extension will be required in Outlook Boulevard from Rancho del Sol to the north line of the subdivision. All mains within the subdivision would be private. A private sanitary sewer main extension will be required to serve the subdivision. Drainage easements must be dedicated for all off -lot flows within the subdivision. Preliminary plans require detention in Tract "B" to be constructed by the developer. The plat needs to be changed to combine Tract " A " and the common areas around the building envelopes into one commonly owned tract. No other significant issues have been identified by staff. i Pueblo City Council Case No. SAP -98 -2 April 17, 1998 Page Four' 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 -way, 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 -4 Zone District. (b) 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 common landscaping and other areas will apparently be maintained by a home owners' association. (c) 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 propose exceptions to minium lot size requirements. Some front yard setbacks may vary from minimum requirements. (d) 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. All setbacks on the periphery of the area are not less than those required in the R -4 Zone District. (eZ 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. I Pueblo City Council Case No. SAP -98 -2 April 17, 1998 Page Five 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 proposes common landscaping to be maintained by a homeowner's association. (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. 5 -98 -3- -The Residence at Outlook Subdivision, Final Plat). 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 Plan does not indicate that development will be done in phases. The plan shall provide the location and dimensions of all existing and proposed buildings, structures, rights -of -way, easements and improvements The general location of structures are provided. The roadway servicing the development will be private as will water and sewer mains and easements. 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. I Pueblo City Council Case No. SAP -98 -2 April 17, 1998 Page Six 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 Approval of the proposal will promote development of the property. Approval is contingent upon acceptance of the concurrently submitted Subdivision (5- 98 -3). PUBLIC HEARING MINUTES (APRIL 8, 1998, SPECIAL MEETING) (The following testimony was heard in conjunction with Case No. 5 -98 -3, The Residence at Outlook, Final Plat). Kathy Cox, Abel Engineering, appeared before the Commission and said this is a single- family townhouse project. She passed out revised plats which showed the land being put into lots and blocks instead of tracts which was requested by City staff. Ms. Cox said she had a copy of the staff report and will work out the minor problems in the next couple of days. They will start construction as soon as the plat and special area plan are approved by City Council. She said the plat and special area plan were a preliminary submittal but will soon be a final submittal. All homes will have a double -car garage and each cluster of units will provide four or five additional visitor parking. The entire perimeter of the development will have a masonry wall. Mr. Vigil asked how the units will be accessed. Ms. Cox said they will enter off the street into the center of the compound. Mr. Vigil asked also if they will be dedicating the park to the City for this filing. Ms. Cox stated the westerly parcel, which is adjacent to the existing park, will be dedicated to the City. This will not meet the full requirement for the park so money will be given in lieu of land for the balance. No one appeared to oppose either the plat or the special area plan. Chairman Mabie made the staff reports a part of the record and closed the hearings. COMMISSION DECISION (APRIL 8, 1998, REGULAR MEETING) Mr. Vigil, seconded by Mr. Ring, moved to recommend approval subject to approval of the Final Plat and to satisfy development concerns of staff per the report dated April 1, 1998. Motion carried 7 -0. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO 11 MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -98 -3 and SAP The RESIDENCE at OUTLOOK DATE: April 1, 1998 This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, offsite easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works. All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat, as submitted, creates nine (9) building sites. Within each building site there are ten (10) townhouse units planned. The developer proposed to wait until the foundations were poured in order to survey the lot lines for each individual townhouse unit. If the plat is approved as submitted, each building site would have to be replatted in order to sell individual units. In order to avoid the numerous resubdivisions, the developer is going to revise the plat to show the individual lots. As of this date, staff has not received this revised plat for review. The Subdivision Review Committee recommends that this plat be HELD until changes to the plat have been submitted and approved and approved by the Director of Public Works. xc: The Oakridge Company 2410 North Powers Blvd. Colo. Springs, CO 80915 Abel Engineering Professionals, Inc. 807 N. Greenwood Pueblo, CO 81003 F DEPARTMENT OF ZONING ADMINISTRATION CITY OF PUEBLO March 24, 1998 NOTICE OF HEARING FOR SPECIAL AREA PLAN TO WHOM IT MAY CONCERN: Take notice that at 3:30 P.M., on the 8th day of April, 1998, in the City Council Chambers, 2nd Floor, City Hall, 1 City Hall Place, Pueblo, Colorado, the Plan- ning and Zoning Commission of Pueblo will hold a hearing for an amendment to the Zoning Ordinance (Title XVII, Chapters 1 thru 6, of the Code of Ordiances, City of Pueblo) as the same affects the property situate in the City of Pueblo, County of Pueblo and State of Colorado, legally described as: THE RESIDENCE AT OUTLOOK SPECIAL AREA PLAN and more commonly known as: WEST SIDE OF 4200 BLOCK OUTLOOK BOULEVARD. Any person may appear before the said Planning and Zoning Commission at the time and place stated above to be heard on the proposed Special Area Plan. After recommendation by the Planning and Zoning Commission, an ordinance pertaining to the special area plan will be considered by the City Council at a public hearing. Notice of the public hearing before the City Council will be published in the Pueblo Chieftain at least ten (10) days prior to the hearing. Any interested person may appear and be heard at such public hearing and may call the Department of Zoning Administration for the time and date of such public hearing. CARL OLSON Director of Zoning 543 -1842 V Sim R MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -98 -3 and SAP The RESIDENCE at OUTLOOK DATE: April 1, 1998 This plat was submitted in accordance with City Ordinance 6192, in which public improvement plans and certain other required documents have not been provided for review. If the plat is "conditionally" approved by City Council, the recording of the plat will not take place until the final improvement plans, offsite easements, covenants and subdivision improvement agreement are submitted and approved by the Director of Public Works. All plans must be submitted and approved by the Director of Public Works within one (1) year of the date of conditional approval by City Council. No building permits will be issued for any structure or building within the subdivision until all required documents have been approved by the Director of Public Works. The plat, as submitted, creates nine (9) building sites. Within each building site there are ten (10) townhouse units planned. The developer proposed to wait until the foundations were poured in order to survey the lot lines for each individual townhouse unit. If the plat is approved as submitted, each building site would have to be replatted in order to sell individual units. In order to avoid the numerous resubdivisions, the developer is going to revise the plat to show the individual lots. As of this date, staff has not received this revised plat for review. The Subdivision Review Committee recommends that this plat be HELD until changes to the plat have been submitted and approved and approved by the Director of Public Works. xc: The Oakridge Company 2410 North Powers Blvd. Colo. Springs, CO 80915 Abel Engineering Professionals, Inc. 807 N. Greenwood Pueblo, CO 81003