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.
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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
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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
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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
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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
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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
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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
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Notary li /t lec
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ATTEST:
City C k
STATE OF COLORADO
COUNTY OF PUEBLO
,.
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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
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iy s my hand and official seal.
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My c ission expires: 8 -21 -2003
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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
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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.
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expires: 10/23/05 r
No1vublic
STATE OF COLORADO
COUNTY OF PUEBLO
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`�Tueblo,
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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
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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:
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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 � °•�_ -•
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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 .:
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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
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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
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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
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