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HomeMy WebLinkAbout06812Reception 1456639 08/30/2002 ORDINANCE NO. 6812 AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST FILING NO. 4 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Regency Crest Filing No. 4 Subdivision, being a subdivision of land legally described as: Lots Three (3) Through Seven (7), Block 5, And Lots One (1) And Two (2), Block 5, Lots One (1) Through Three (3), Block 9 Regency Crest Subdivision, County of Pueblo, State of Colorado, Said combined lots contain 4.93 acres, more or less. 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 (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. , QU co. 1 . Q ?, Jr �T OFi G ATTESTED BY: INTRODUCED: April 8, 2002 BY: Al Gurule COUNCIL PERSON L -�. APPROVE PRESIDENT OF CITY COUNCIL CITY CLERK PASSED AND APPROVED: April 22. 2002 ------------- - - - 1 } Background Paper for Proposed ORDINANCE AGENDA ITEM # �I DATE: APRIL 8, 2002 1 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST FILING NO. 4 SUBDIVISION ISSUE Shall City Council approve a request to subdivide this property into lots on approximately 5 acres for the construction of townhomes in an R -4 zone district? RECOMMENDATION The Planning and Zoning Commission voted 6 -0 to recommended approval of the plat for Regency Crest Filing No. 4. BACKGROUND The applicant is proposing to construct townhomes in an R -4 zone district. Combined with a Special Area Plan, the applicant will build duplexes in which units can be individually sold since the units will be separated by a legal lot line. At the time of the Planning Commission meeting, all subdivision review committee concerns had been met. The Planning and Zoning Commission voted 6 -0 to recommended approval of the plat for Regency Crest Filing No. 4. FINANCIAL IMPACT None Reception 1456641 08/30/2002 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on Axxgxxst 1 5 2002 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and 6o; a Hanes, LLC, a Colora Limited Liabilitv Companv and The Proctor Family Partner LLLP, a Colorado Limited Liability Limited 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 Regency Crest Subdivision, Filing No. 4, A Special Area Plan ( "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: 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 to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit". DPW 101 10/21/98 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 (1/2) 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 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 recent 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 a lien 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. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12 -4 -7(n of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building DPW 101 2 10/21/98 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 the 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 the 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 compete 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 Required Public Improvements. 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 DPW 101 3 10/21/98 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 hnprovements are for a commercial subdivision and include stormwater drainage facilities, stormwater detention facilities, or maintenance and 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 therefore 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 therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges 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 attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and 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, 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. DPW 101 4 10/21/98 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. The foregoing instrument was acknowledged before me on August 2, 2002 by C.T. Proctor as General Partner for Th Proctor Family Partnership, LLLP, a Col L i m ited , Subdivider. ` Subdivider (SEAL) By: L as General Partner for The Proctor By: F Vj y Partnership, r.r.r.P, a Colorado Limited Liability Limited Partnership Liability Limited Partnership 1unuu„ kl)k Olhunission expires: 10/23/05 :s Notary li /t lec a / 1 0 6 U 1) ,;,." ATTEST: City C k STATE OF COLORADO COUNTY OF PUEBLO ,. I The foregoing instrument was acknowledged before me this 27th day of August 2002 by Michael A. Occhiato ,as P of City Council, and Gina Dutcher as City Clerk of the City of v .. ... . 0 ? ET - iy s my hand and official seal. —,: • z My c ission expires: 8 -21 -2003 •o tp-V 4/8 LSO P O - t' OF" 1- P Notary Public My Commission Expimso81PV2003 APPROVED AS TO FORM: 71- : �� City Attorney The Proctor Family Partnership, LLLP a Colorado Limited Liability Limited Partnership CITY OF PUEBLO, a Municipal Corporation President of City Council DPW 101 10/21/98 IIIIII VIII IIIIII VIII VIII IIII (IIIIII III (IIII IIII IIII 8 ChrisC.Munoz Pueb1oCtyC1k &Ree SUBD AG R 40.00 D 0.00 The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Domega Homes, LLC, A Colorado Limited Liability Company Subdivider 6 (SEAL) By: as Managing Member of Danega Hanes, LLC By: a rnl nr rin T mi taA T.i ahi 1 i #'v Q npanv The foregoing instrument was acknowledged before me on August 2, 2002 by C.T. Proctor as Managin Member Of' Domega Hanes, LLC A Colorado Limited Liability Company ,Subdivider. •.'� 33 - . ,,rr4 ATTE : City C expires: 10/23/05 r No1vublic STATE OF COLORADO COUNTY OF PUEBLO ���,. • �4e�i 91 � `�Tueblo, J �rQ: FB O� ss. CITY OF PU BLO, a Municipal Corporation By. � . resident of City Council foregoing instrument was acknowledged before me this 27th day of 2002 by Michael A Orrhia o as y Council, and Gi na Diitrhar as City Clerk of the City of My Commission Expkgs 082112003 [ SEAL] hand and official seal. expires: 8 -21 -2003 Notary Public APPROVED AS TO FORM: City Attorne DPW 101 5 a 10/21/98 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "A" Lots One (1) through Seven (7), Block Five (5), Lots One (1) through Three (3), Block Nine (9), Regency Crest Subdivision, A Special Area Plan County of Pueblo, State of Colorado, Said lots contain 2.1535 acres, more or less. 0:55 chri .Mun Pueblo C III &Re G 0 ChrisC.Munoz PuebloCtyClk &Rec SUED R R 40.00 D 0.0 M Surveying, LP 108.10 172 E. Industrial Blvd., #105 8/7/2002 Pueblo West, CO 81007 1 of 1 (719) 647 -9463 SUBDIVISION IMPROVEMENT AGREEMENT EXHIBIT "B" Subdivision Name: Developer: Engineer: Unit Description Street Improvements 1" Overlay Drainage No Items Regency Crest Subdivision, Filing No. 4, A Special Area Plan The Proctor Family Partnership, LLLP & Domega Homes Ricky A. Kidd 861' Sanitary Sewer Service Line - 60' ROW Water Distribution Service Line - 60' ROW Quantity Units Unit Cost Cost 177.16 Tons $60.00 $10,629.60 Subtotal Street Improvements: $10,629.60 0.00 EA. $0.00 $0.00 Subtotal Drainage: $0.00 10.00 EA. $787.00 $7,870.00 Subtotal Sanitary Sewer: $7,870.00 10.00 EA. $500.00 $5,000.00 Subtotal Water Distribution: $5,000.00 Total Subdivision Improvements: $23.499.60 This is an estimate only, utilizing prices from the UNIT PRICE LIST FOR EXHIBIT "B" as provided by the City of Pueblo and may not include all construction costs. Actual construction costs may vary. The undersigned hereby certifies that (1) the quantities of construction elements shown hereon acci f44 depicts the quantities necessary to construct the required Public Improvements (11) the unit prisf hereon are the most current unit price provided by the City of Pueblo. PREPARED DATE: jky. Kidd, P.E. REVIEWED BY: DATE: City of Pueblo VIII 1456641 IIIIIIIIIIIIIIIIIIIIIIIIII 08930D 00 5 0 0: IIIIIIIIIIIIIIIIIIIIIIII lk &Rec SUBD AG R 40.00 ChrisC. Munoz PuebloctyC - Reception 1456642 08/30/2002 NOTICE OF SHALLOW SANITARY SEWER SERVICE LINES Notice is hereby given to the owner(s) of Lot(s) 1 thru 6 - ,Block 1 1 thru 14 2 Regency Crest Sub., Filing # Pueblo Colorado, and their heirs, personal subdivision representatives, successors, and assigns, that sanitary sewer service to basements of these lot(s) may require a pumping system due to the elevation of the sanitary sewer line(s) in the street or public right of way. This notice is dated August 1 20 SUBDIVIDER Domega Homes, LLC The Procc�torr ^ , ^ Family Partnership, LLLP l� ! / D C Proctor Family Partnership, Partnership and as Managing Liability Company Name: C. T. Proctor as General Partner for the LLLP, a Colorado Limited Liability Limite Member of Domega Homes, LLC, a Colorado Limited Address: 1017 Cedarcrest Dr. —P.O. Box 2519 Pueblo, CO 81005 STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 2 day of August , 20 02 by C. T. Proctor as General Partner for the Proctor Partnership, LLLP, a Colorado Limited Liability Partnership and as Managing Member of Witness my hand and official seal. Domega Homes, LLC, a Colorado Limited Li abi 1 i.ty ��` ".'•L�EGi r�Y�gTmission expires: O a ........,, • i S,l~ kvL � k '001 4,,... W 00% Family Co. 10/23/05 Notary ubli ;�.���" DPW117 Reception 1456643 08/30/2002 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded May 16 , 2000 , in Book N/A at Page N/A , Reception Number 1 -3 -1 -3 -j � 6 , does hereby ratify and consent to the subdivision of the land platted as Regency Crest Subdivision Fili No 4 shown on the Subdivision Plat recorded by Reception Number A &d4o in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this �� day of AMFIRST BANK Company Name i STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before J me this day of s ZQcJ- by as T,cy �, rho of My Commission Expires: M M = WM M M 1 2-08-2003 C' o'^ Notary Public o � °•�_ -• DPW 107 02/05/02 Reception 1456644 08/30/2002 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded JUNE 15 ,2000 in Book N/A at Page N/A , Reception Number 1 - 1 177 ,does hereby ratify and consent to the subdivision of the land platted as Regency Crest subdivision Filing No 4 shown on the Subdivision Plat recorded by Reception Number J44-�;(o(QCfD in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this ��d ay of , MFTRST BANK Company Name By: Title: /IJCN� STATE OF COLORADO) ss. COUNTY OFO�'Q�_� The foregoing instrument was acknowledged before me this &, — day of ENO My Commission Expires: m Z cal a r - Notary Public o DPW 107 R .: 02/05/02 Reception 1456645 08/30/2002 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded July 25 , 2001 in Book N/A at Page N /A , Reception Number 1394129 , does hereby ratify and consent to the subdivision of the land platted as Regency Crest Subdivision Fili No 4 shown on the Subdivision Plat recorded by Reception Number NS( o(-g4D in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed this le day of AMFIRST BANK Company Name Title: /%Z STATE OF COLORADO) COUNTY OFD?' L-e�f c� The foregoing instrument was acknowledged before me this L day of by�7, - cS // ��Lt r.C— as �j1d1S My Commission Expires: W c mmimicm arni.m 2003 ° r � Notary Public DPW 107 �a. 3 02/05/02' Reception 1456646 08/30/2002 RATIFICATION OF PLAT FOR VALUE RECEIVED, the undersigned being the owner of indebtedness secured by a deed of trust recorded D ecember 7 , 2001 in Books /A at Page N/A , Reception Number 1415 2 5 9 , does hereby ratify and consent to the subdivision of the land platted as Regency Crest Subdivision F i 1 i na No. 4 shown on the Subdivision Plat recorded by Reception Number IW (pf aL(C� in the records of Pueblo County, Colorado, and confirms and joins in the dedication of all streets, easements, rights of way and access restrictions shown thereon and subordinates its interest in the property described in the Subdivision Plat to any Subdivision Improvements Agreement and Addendum thereto between the Subdivider and City of Pueblo executed in conjunction therewith. Signed thisZlay of 0—c� > s Company Name By: Title: CSi/�EN% STATE OF COLORADO) ) ss. COUNTY OF PM7M(r The foregoing instrument was acknowledged before me this day of by /� 4 S �C� !7 7 / � as of My Commission Expires " mission expires 12x. e> e Notary Public DPW 107 A 02/05/02 C: s S -02 -04 PLANNING AND ZONING COMMISSION MEETING MINUTES (MARCH 13, 2002) REGULAR MEETING Regency Crest Subdivision, 4"' Filing S. of St Clair& W. of Cedarcrest. ( Domega Homes). Mrs. Green gave an overview of the application explaining the location of the Filings. Filing No. 4 is north and Filing No. 5 is the south end. Mrs. Green asked that if the Commission approves this proposal that they place the following conditions on these proposals: 1) S -02 -04 & SAP -02 -1, the building footprints as shown in the Special Area Plan (SAP) shall be the legal building setbacks. 2) S -02 -5, and SAP -02 -2, the building footprints shown on the SAP shall be the legal building setbacks and no structures shall be built in the utility easement on Lot 6, Block 1. Mr. Morgan agreed with Mrs. Green's recommendation. Mr. Morgan explained staff originally asked for a sidewalk setback and City Staff has agreed that it is not possible to do this because of the grade. Also in Filing No. 5's setbacks, staff recommended that the lots be a circle -type drive and a meandering sidewalk. Mr. Morgan stated some of the recommendations are changed to meet the needs of both, staff and the applicant. Cole Proctor, Domega Homes, appeared before the Commission and stated that they are in total compliance with all the conditions. Mr. Proctor gave an explanation of what they proposed. The Commission asked if the homeowners have an association. Mr. Proctor stated they have an incorporated association that will be in place for many years. The dues are $3.00 per month and the association will place a single garbage company to service the entire area. No one else testified. Chairperson Mabie made the staff report a part of the hearing and closed the hearing. PLANNING AND ZONING COMMISSION MEETING MINUTES (MARCH 13, 2002) SPECUL MEETING Regency Crest Subdivision, 4 Filing South of St. Clair & W. of Cedarcrest. ( Domega Homes). Mr. Lytle, seconded by Mr. Soldan, moved to recommend approval, subject to the concurrent approval of SAP -02 -1 and subject to the conditions of staff that were agreed upon. Motion carried 6 -0. MEMORANDUM TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -02 -4 and SAP -02 -1 REGENCY CREST SUBDIVISION 4 FILING DATE: January 27, 2002 - 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 Subdivision Review Committee (SRC) finds that the subdivision submittal is incomplete or unacceptable as submitted. The SRC recommends that the public hearing on the plat be CONTINUED until the April 10th meeting until the following information or corrections are submitted, reviewed and approved: 1. Address plat comments and corrections requested per memo from Joe Martellaro dated 2 -26 -2002. 2. The lots and blocks on this plat should be re- numbered consecutively so each lot and block has it's own number to distinguish it from previous filings. 3. Address sanitary sewer comments and corrections requested per memo from Kent Williams dated 2 -13 -2002. 4. The Special Area Plan appears to be submitted for the purpose of varying the lot widths and setback requirements. The proposed lots vary in width from 39.72' to 43.62' which is less than the 50' minimum. The SAP proposes the following setbacks with a typical building footprint for each lot: Proposed Front 18 feet Rear 15 feet Side (at corner) 8 feet Side 5 feet Side (common wall) 0 feet Ordinance Requirement 25 feet 15 feet 12.5 feet 5 feet The building footprints need to be shown to scale. It does not appear that the proposed building footprints on the lots labeled 1 B, 2A, 3B, 4A, 4B, 5A, 7A of Block 5 will fit on those lots with the setbacks requested. It is Subdivision Review Committee's recommendation that the developer be required to construct and maintain a setback sidewalk and 8' minimum landscaped buffer along St. Clair Avenue as a condition of approval of this Special Area Plan. Any additional information or requested changes must be submitted by March 8, 2002 in order to be considered at the March 13, 2002 Public Hearing. xc: Domega Homes, LLC P.O. Box 3430 Pueblo, CO 81005 Kidd Engineering 515 Cleveland Pueblo, CO 81004 M Surveying, LP 172 E. Industrial Blvd. #105 Pueblo West, CO 81007 D 0 I O City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning S -02 -04 TO: City of Pueblo, Planning and Zoning Commission FROM: Cathy Green, Director of Planning PREPARED BY: Scott Hobson, Senior Planner DATE: February 28, 2002 SUBJECT: STAFF SUMMARY OF S -02 -04 REGENCY CREST SUBDIVISION FILING 4 sYNorsis Applicant is proposing a to create a 20 lot subdivision on 4.93 acres. The residential lots are located within a R -4, Mixed Residential zone district. This property is included within the Regency Crest Master Land Use Plan (S- 95 -19) approved by the Planning & Zoning Commission at the 11 -8 -95 meeting. It is located South of St. Clair and West of Cedarcrest. It area was identified in the 1995 master plan as an R -4 Mixed Residential Area. ISSUES: CONCURRENT REQUESTS: The following checked boxes identify areas where staff has found significant concerns in this case: Regency Crest Sub Filing 4, Special Area Plan (SAP- 02 -01) Regency Crest Sub Filing 5, A Special Area Plan (S- 02 -05) Regency Crest Sub Filing 5, Special Area Plan (SAP- 02 -02) CONCLUSIONS: The Staff recommends that the public hearing be CONTINUED until the April 10, 2002 meeting so that the information or corrections listed in the Subdivision Review Committee Memo dated February 27, 2002 can be completed. 211 E. "D" Street, P.O. Box 1427 e Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Incomplete submittal: Landscape reauirement: Other: Zoning: Transportation: Drainage: Land Use: Nei hborhood: Parks: Sewer: I Public facilities: Water: The following checked boxes identify areas where staff has found significant concerns in this case: Regency Crest Sub Filing 4, Special Area Plan (SAP- 02 -01) Regency Crest Sub Filing 5, A Special Area Plan (S- 02 -05) Regency Crest Sub Filing 5, Special Area Plan (SAP- 02 -02) CONCLUSIONS: The Staff recommends that the public hearing be CONTINUED until the April 10, 2002 meeting so that the information or corrections listed in the Subdivision Review Committee Memo dated February 27, 2002 can be completed. 211 E. "D" Street, P.O. Box 1427 e Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 Planning and Zoning Commission S -02 -04 2 GENERAL INFORMATION Applicant: Domega Homes, LLC Owner of Property: The Proctor Family Partnership, LLLP Location of Property: South of St. Clair and West of Cedarcrest Size of Property: 4.93 acres Existing Zone District: R -4 Existing Land Use: Undeveloped Request: Approval of Final Subdivision Purpose: Develop single - family townhomes on individual lots with a common lot line. Applicable Regulations: Sections 12 -4 -5 & 12 -4 -7 of the Pueblo Municipal Code ZONING, LAND USE, AND NEIGHBORHOOD COMPATIBILITY A. Surrounding Land Uses & Zoning North R -2 Single - family residences — Sunny Heights neighborhood South R -2 Single-family residences — Regency Crest Subdivision East R -2 Single - family residences — Westwood Village Sub West R -2 Vacant Land — un latted — future residential B. Current Land Use According to Comprehensive Plan The 1980 Pueblo Regional Comprehensive Development Plan and the soon to be adopted 2001 Pueblo Regional Development Plan identifies this area for Urban Residential development. C. Field Observation of Site The site is currently undeveloped. There are existing single - family residences to the south of the proposed subdivision. To the southwest of the proposed subdivision additional single - family residences are currently under construction. The properties to the north and east are in an established single - family residential neighborhood. The area to the north is the Sunny Heights neighborhood and the area to the east is the Westwood Village neighborhood. D. Neighborhood Compatibility The proposed residential land use is compatible with the development and approved future developments in the area. Planning and Zoning Commission S -02 -04 3 TRANSPORTATION The Department of Transportation listed the following comments and concerns regarding this subdivision: 1. The Department of Transportation requests that "No Vehicular Access" be shown on all lots adjacent to St. Clair. 2. Detached sidewalks on St. Clair will be required because of the collector classification. UTILITIES Sanitary Sewer: Comments: This property is within the City of Pueblo Wastewater service area. A public sanitary sewer main exists within the public right -of -way of Briarcrest Drive. The subdivision plat is acceptable, except for those items noted on the memo from Kent Williams dated 2/13/02. Storm Sewer & Drainage: No Comments. Water: No comments. PUBLIC FACILITIES Parks & Recreation: No comments. Subdivision Review Committee: (See attached Subdivision Review Committee memo dated February 27, 2002) CONCLUSION The Subdivision Review Committee recommends the following: 1. The public hearing be CONTINUED until the April 10, 2002 meeting so that the items 1 -4 listed in the Subdivision Review Committee Memo can be completed. 2. The developer shall be required to construct and maintain a setback sidewalk and 8' minimum landscaped buffer along St. Clair Avenue as a condition of approval of the Special Area Plan. Planning and Zoning Commission S -02 -04 ATTACHMENTS A. ZONING/LOCATION MAP B. SITE PHOTOGRAPHS C. SUBDIVISION REVIEW COMMITTEE MEMO Planning and Zoning Commission 5 -02 -04 CITY OF PUEBLO I DEPARTMENT OF COMMUNITY DEVELOPMENT CASE: S -02 -04 EXHIBIT: LOCATION /ZONING MAP REQUEST: REGENCY CREST, 4 T " FILING 0 z J z 0 co V W x V Z W 0 W Ix 'dJJ O ` iNd 3AV 00314 Nb 1S d11Nvn M J,81 13HO S L oz - otL I O J r I .4Z'OLL �+ o O O Is —j I r 9z L ^ 6 0) J I orolL J� r U i_ zroLL Oti In J J 1 LLm r . I ^. 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