HomeMy WebLinkAbout06352Reception 1244701
10/21/1998
ORDINANCE NO. 6352
AN ORDINANCE APPROVING THE PLAT OF TRINITY LIFE
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Trinity Life Subdivision, being a subdivision of land legally
described as:
A portion of Blocks 1 and 2 and vacated Oakshire Lane adjacent thereto
in Oakshire Mobile Home Estates, according to the recorded plat thereof,
filed for record September 14, 1990 and being more particularly described
as follows:
Considering the East subdivision boundary line of said Oakshire Mobile
Home Estates to bear S.00 0 53'06 "E.,(S.00 0 53'56" E. Plat) and all bearings
contained herein being relative thereto.
Beginning at the Southwest corner of said Block 2; thence Northerly,
along the West line of said Block 2 the following three (3) courses:
1. N.00 0 43'20 "W., a distance of 31.79 feet (31.51 feet, plat);
2. along the arc of a curve to the right whose radius is 925 feet,
a distance of 160.46 feet;
3. N. 09 °13'01 "E., a distance of 219.27 feet to the South right -of -way
line of Oakshire Lane, as conveyed to the City of Pueblo by deed
recorded in Book 2901 at Page 71 of the Pueblo County records;
thence S.79 °19'52" E., along said South right -of -way line, a distance of
559.67 feet to the East right -of -way line of future Bonnadell Drive (Chase Street);
thence Southerly, along said right -of -way line the following three (3) courses:
1. S. 10 a distance of 102.83 feet;
2. along the arc of a curve to the left whose radius is 470 feet, a
distance of 93.44 feet;
3. S.00 0 43'20 "E., a distance of 103.52 feet (102.98 feet plat) to the South line
of said Block 2;
thence S.89 °18' 15" W., along said South line, a distance of 570.81 feet
(S.89 °16'40 "W. 570.80 feet plat) to the Point of Beginning, containing 4.591
acres,
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.
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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
(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 September 14, 1998
j J gA , r 4
ATTEST:
By Al Gurgle
Councilmember
APPROVED `
Preside f th Council
City Clerk
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8/31/98
Reception 1244703
10/21/1998
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on 6E. ?Tr,— %M.9- * - S 11)')6 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and EL CENTRO PUEBLO DEVELOPMENT
CORPORATION, INC. a Non -Profit Corporation
( "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
TRINITY LIFE SUBDIVISION
( "Subdivision "), wishes to enter into this Subdivision Improvements Agreement as authorized by
Chapter 4, Title XII 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:
1. 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
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to complete ail 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.
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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 a lien upon all the land in the Subdivision and notice of lien maybe 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.
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 12 -4 -7 (.l) 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.
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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,
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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.
EL CENTRO PUEBLO DEVELOPMENT
CORPORATION, INC. a Non - Profit Corporation
(SEAL)
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on _6yielle N "t. ILN 19"
by Elizabeth B. Wilson, President and Jayne A. Mizur, Secretary of EL CENTRO PUEBLO DEVELOPMENT
CORPORATION, INC. a Non - Profit Corporation
Subdivider.
;ion expires: `] toltw2.
CZ
► o
R
ORADO )
OF COLORADO )
ss.
1 *,--
Notary Public
CITY F PUEBLO, a MMunici f orporation
By:
President of the Ouncil
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My Comm. Expires 07/10/2002
� oing instrument was acknowledged before me on
CiA r A as President of City Council, and
as City Clerk of the City of Pueblo, Colorado.
expires:
�prrmis� }' },
tr �" `��r, Notary Public
X Q C G �! 4'1' ,
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1244703 10/21/1998 11:13A AGREE Chris C. Muno:
APPROVED AS TO FORM: 6 of 9 R 46.00 D 0.00 Pueblo Cty Clk 8 Roe.
City Attorno
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT A
A portion of Blocks 1 and 2 and vacated Oakshire Lane adjacent thereto in Oakshire
Mobile Home Estates, according to the recorded plat thereof, filed for record September
14, 1990 and being more particularly described as follows:
Considering the East subdivision boundary line of said Oakshire Mobile Home Estates to
bear 5.00 0 53'06 "E. (S.00 0 53'56 "E., plat) and all bearings contained herein being relative
thereto.
Beginning at the Southwest corner of said Block 2; thence Northerly, along the West
line of said Block 2 the following three (3) courses:
1. N.00 0 43'20 "W., a distance of 31.79 feet (31.51 feet, plat):
2. along the arc of a curve to the right whose radius is 925 feet,
a distance of 160.46 feet;
3. N.09 0 13'01 "E., a distance of 219.27 feet to the South right -of -way
line of Oakshire Lane, as conveyed to the City of Pueblo by deed
recorded in Book 2901 at Page 71 of the Pueblo County records;
thence S.79 0 19'52 "E., along said South right -of -way line, a distance of 559.67 feet to
the East right -of -way line of future Bonnadell Drive (Chase Street); thence Southerly,
along said right -of -way line the following three(3) courses:
1. S.10 0 40'08 "W., a distance of 102.83 feet;
2. along the arc of a curve to the left whose radius is 470 feet, a
distance of 93.44 feet;
3. S.00 0 43'20 "E., a distance of 103.52 feet (102.98 feet, plat) to the
South line of said Block 2;
thence S.89 0 18'15" W., along said South line, a distance of 570.81 feet (5.89 0 16'40 "W.,
570.80 feet, plat) to the Point of Beginning.
Containing 4.591 acres.
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S UBDI VI SION IMPR O VEMENTS A GREEMENT
EXHIBIT " B "
SUBDIVISION NAME: TRINITY LIFE SUBDIVISION
DEVELOPER: EL CENTRO PUEBLO DEVELOPMENT CORPORATION,INC.
A NON- PROFIT CORPORATION
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC..
STORM DRAIN:
18" HDPE Pipe
36" HDPE Pipe
Revegetation
Concrete Trickle Channel
4' Sidewalk Culvert
Concrete Cut Wall
6" Conc, Slab
Outlet Structure
Rip Rap
Head Wall
STREETS:
Asphalt (3" on 8 ")
Cross Pan
Curb and Gutter
WATER:
SEWER:
10" Sewer Main Rehabilitation
STREET LIGHTS:
MONUMENTS:
TYPE III BARRICADE:
SUBDIVISION EARTHWORK:
60 LF @
160 LF @
0.79 AC @
2046 SF @
1 EA @
332 LF @
1237 SF @
1 EA @
692 CY @
1 EA @
1115 SY @
260 SF @
617 LF @
250 LF @
495.16 LF @
1 EA @
3EA@
1 EA @
9046 CY @
$29.00
/LF
$60.00
/LF
$12,000.00
/AC
$2.50
/SF
$600.00
/EA
$9.00
/LF
$3.20
/SF
$3,000.00
/EA
$50.00
/CY
$2,000.00
/EA
$14.90 /SY
$3.80 /SF
$7.80 /LF
$33.28 /LF
$22.00 /LF
$1,300.00 /EA
$575.00 /EA
$1,300.00
$1,725.00
$600.00 /EA $600.00
$2.00 /CY $18,092.00
TOTAL
$136,426.02
$1,740.00
$9,600.00
$9,480.00
$5,115.00
$600.00
$2,988.00
$3,958.40
$3,000.00
$34,600.00
$2,000.00
$16,613.50
$988.00
$4,812.60
$8,320.00
$10,893.52
This is an estimate only. Actual construction costs may vary.
PREPARED BY: C. ROUSSEAU/ AH
FIRM: N ENGINEERING AND SURVEYING, INC.
REVIEWED BY:
City of Pueblo
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SUBDIVISION IMPKUVEMENTS AGREEMENT
EXHIBIT C
TROY AVENUE SIGNALIZATION
Per the Technical Amendment to the Oakshire Hills Master Traffic Report dated
September 14, 1998, the Subdivider will be responsible for a proportionate share of the
estimated costs of providing traffic signalization at the intersection of Troy Avenue and
Oakshire Lane, outlined as follows:
The Subdivider will be required to escrow funds or to provide a letter of credit in the
amount of $1,816.00 to the City of Pueblo for the future installation of traffic signals at
said intersection. The escrow or letter of credit shall be for a period of five (5) years.
The signal will not be installed until it is warranted. If the signal is not warranted by the
end of the escrow time period, the escrow will be returned to the Subdivider.
9
D E
�U�=J O
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City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: August 27, 1998
TO: Pueblo City Council
FROM: City of Pueblo, Planning and Zoning Commission
SUBJECT: CASE NO. S- 98- 13-- TRINITY LIFE SUBDIVISION - -FINAL PLAT
SOUTH SIDE OF 2200 -2400 OAKSHIRE LANE
SYNOPSIS
BACKGROUND: The applicants propose to create a two -lot subdivision on
undeveloped land to accommodate an assisted living center for the
elderly.
ISSUES: The applicants have satisfied all development concerns cited by
staff.
CONCLUSION: The Commission recommends approval by a 6 -0 vote.
GENERAL INFORMAT
Applicant:
Owner of Property
Location:
Size:
Existing Zone:
Request:
Purpose:
Existing Land Use
El Centro Pueblo Development Corporation
Same
South Side of 2200 -2400 Block Oakshire Lane
4.586 Acres
R -4 /Multiple Residential District (See Attached
ZONING /LOCATION MAP).
Re- Subdivision of Property.
Accommodate Development.
Vacant Land (See Attached SITE PHOTO).
211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572
Pueblo City Council
Case No. S -98 -13
August 27, 1998
Page Two
Surrounding Land
Use /Zoning:
Applicable
Regulations
SPECIAL INFORMATION
Public Utilities:
NORTH -- Vacant Land /R -7
SOUTH -- Vacant Land /R -2
EAST -- Vacant Land /R -7
WEST -- Vacant Land /B -3
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 (80 p.s.i.).
Existing water main in Chase Street will need to be extended
to southerly boundary of the subdivision. There are two
service line stub -ins to Lot 1. If both are not used, one
will need to be shut off at the corporation stops (L.
Huffstutter, 7/7/98).
-- Sanitary Sewer: Sanitary sewer exists in the area which can adequately
accommodate additional flow. Sanitary sewer plans exist for
the area (R. Morgan, 7/15/98).
- -Storm Sewer: There is existing storm sewer and surface drainage in the
area. On -site detention and channel improvements are
required. The drainage improvements required in initial
subdivision submittals. Master drainage plan is required
prior to approval of this subdivision (R. Morgan, 7/15/98).
Transportation: Existing traffic flow is "good." The proposal will not
significantly affect traffic conditions (D. Centa, 7/16/98).
Comprehensive
Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land
Use" Map depicts this area as a "residential" use.
Parks: Not Applicable.
Other: We have not received a master plan for review as of this
date. Cannot complete the review until the master plan is
received and the review is completed (R. Morgan, 7/15/98).
Pueblo City Council
Case No. S -98 -13
August 27, 1998
Page Three
Planning: A memorandum to the Commission from the Subdivision Review
Committee dated August 6, 1998, states as follows:
"This plat was submitted in accordance with City Ordinance
No. 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. All plans must be submitted and approved by the Director
of Public Works within on (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.
This plat is Phase 1 of the Oakshire Hills Master Plan. Staff
has received the master plan and is in the process of reviewing
it. the master traffic plan identifies a need for a traffic
signal at Oakshire and Troy. The master plan needs to address
this development's contribution to the problem and their level of
participation in the intersection improvments. The drainage
master plan and plat drainage plan are being reviewed. The
off -site location of the detention pond for Lot 1 is unacceptable
unless the maintenance of the pond is addressed in binding
covenants between Lots 1 and 2. If any off -site water from the
proposed residential area to the north is routed through this
pond, the owner of the lot(s) that the pond is located on must
agree in the covenants that they will accept this water in their
pond. The City will not maintain the detention pond.
The Subdivision Review Committee recommends that the plat be
"conditionally" 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 applicants propose to create a two -lot subdivision to accommodate a proposed
assisted living center for the elderly. The R -4 zoned property is undeveloped and
lies south of Oakshire Lane in the Eastwood Heights neighborhood. The surrounding
area is mostly undeveloped except for residences to the southeast and a church and
commercial uses to the west.
Pueblo City Council
Case No. 5 -98 -13
August 27, 1998
Page Four
Staff has stated that a master plan must be submitted and reviewed An existing
water main in Chase Street must be extended to the southern boundary of the
subdivision and one of the two water line stub -ins to Lot 1 must be shut off if they
are not both used. On -site detention and other drainage improvements are required.
No other significant issues have been identified with this request.
STAFF CONCLUSION
Approval of the proposal will promote development of the property. Approval is
contingent on the applicant satisfying the development concerns cited by staff.
PUBLIC HEARING MINUTES (AUGUST 12, 1998, SPECIAL MEETING)
(The following testimony was heard in conjunction with Case No. S- 98 -14, Oakshire
Hills Master Plan).
Gary Trujillo, architect for the Housing Authority, appeared before the Commission
to testify on the Master Plan for the Housing Authority and for the Trinity Life
Subdivision property. He said the Housing Authority owns 85 acres of the Master
Plan. He gave a brief history of the property noting that it was originally platted
as Bellview Estates. A portion of the site has sewer and water. Mr. Trujillo said
that a signal light may be required to receive tax credits and east of the arroyo
was recently rezoned to R -4. The property lying west of the arroyo will be
petitioned for a rezoning to R -4 four multi - family. A park also is planned for land
west of the arroyo.
Mr. Trujillo said Trinity Life Subdivision is a four -acre parcel of the Master Plan
which will be for an assisted living facility. In order to receive tax credit, Mr.
Jensen must have ownership by October 1, 1998. Mr. Trujillo said a signal light may
be required in the future at Troy and Oakshire and the City must determine what
share of the cost they must pay for this light.
Mike Jansen, developer of the assisted living facility said his project will have 39
units. Services will be provided to them from Trinity Life Church and Spanish Peaks
Mental Health. He stated that he has met all the requirements to receive tax
credits and as stated by Mr. Trujillo he must show ownership by October 1, 1998.
COMMISSION DECISION (AUGUST 12, 1998, REGULAR MEETING)
Mr. Lytle, seconded by Mr. Salas, moved to recommend approval subject to the
conditions set forth in the Subdivision Review Committee memorandum dated
August 6, 1998. Motion carried 6 -0.
VPM /sw
ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: S -98 -13 TRINITY LIFE SUB.
DATE: August 6, 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.
This plat is Phase 1 of the Oakshire Hills Master Plan. Staff has received the master plan and
is in the process of reviewing it. The master traffic plan identifies a need for a traffic signal at
Oakshire and Troy. The master plan needs to address this development's contribution to the
problem and their level of participation in the intersection improvements. The drainage master
plan and plat drainage plan are being reviewed. The offsite location of the detention pond for
Lot 1 is unacceptable unless the maintenance of the pond is addressed in binding covenants
between Lots 1 & 2. If any offsite water from the proposed residential area to the north is
routed through this pond, the owner of the lot(s) that the pond is located on must agree in the
covenants that they will accept this water in their pond. The City will not maintain the
detention pond.
The Subdivision Review Committee recommends that the plat be "conditionally" 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: NorthStar Engineering & Surveying, Inc.
111 East 5th St.
Pueblo, CO 81002
Gary Trujillo, Pueblo Housing Authority
1414 N. Santa Fe Ave
Pueblo, CO
CITY OF • DEPARTMENT OF PLANNING & DEVELO
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MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: S -98 -13 TRINITY LIFE SUB.
DATE: August 6, 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.
This plat is Phase 1 of the Oakshire Hills Master Plan. Staff has received the master plan and
is in the process of reviewing it. The master traffic plan identifies a need for a traffic signal at
Oakshire and Troy. The master plan needs to address this development's contribution to the
problem and their level of participation in the intersection improvements. The drainage master
plan and plat drainage plan are being reviewed. The offsite location of the detention pond for
Lot 1 is unacceptable unless the maintenance of the pond is addressed in binding covenants
between Lots 1 & 2. If any offsite water from the proposed residential area to the north is
routed through this pond, the owner of the lot(s) that the pond is located on must agree in the
covenants that they will accept this water in their pond. The City will not maintain the
detention pond.
The Subdivision Review Committee recommends that the plat be "conditionally" 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: NorthStar Engineering & Surveying, Inc.
111 East 5th St.
Pueblo, CO 81002
Gary Trujillo, Pueblo Housing Authority
1414 N. Santa Fe Ave
Pueblo, CO
� O RT H ST f�
ENGINEERING AND SURVEYING,
111 E. 5th Street
Pueblo, Colorado 81003
David M. Stravia, P.L.S.
JN 95 105 03
July 1, 1998
City of Pueblo
Planning and Zoning Commission
City Council
c/o Department of Zoning
211 E. D Street
Pueblo, CO 81003
INC.
Attention: Mr. Carl Olson
Subject: Trinity Life Subdivision
Release of Existing Easements
(719) 544 -6823
(719) 544 -6825 Fax
Kim K. Kock, P.E.
On behalf of our client, El Pueblo Development Corporation, we respectfully request
release of the portions of the following two (2) easements, which lie within the
perimeter boundary of said Trinity Life Subdivision:
1. 43 foot Drainage and Sanitary Sewer Easement conveyed by deed
recorded in Book 3087 and at Page 362 of the Pueblo County records.
2. 60 foot Ingress and Egress Easement (future Chase Street) conveyed by
deed recorded in Book 3087 at Page 353 of the Pueblo County records.
The proposed subdivision will dedicate a 60 foot right -of -way to the City for Chase
Street. A 43 foot Drainage Easement will also be dedicated on the plat. There will no
longer be a need for a Sanitary Sewer Easement along the South line of the proposed
subdivision, as the subdivision will create only 2 lots, the Westerly lot will be served by
gravity sewer service into Oakshire Lane and the Easterly lot into Chase Street.
ition in this matter.
9510503.1078