HomeMy WebLinkAbout06813Reception 14566479
08/30/2002
ORDINANCE NO. 6813
AN ORDINANCE APPROVING THE REGENCY CREST
FILING NO. 4 SUBDMSION SPECIAL AREA PLAN
WHEREAS, the Regency Crest Filing No. 4 Subdivision Special Area Plan has been
submitted to the Planning and Zoning Commission for approval pursuant to Section 17 -4 -29 of
the Pueblo Municipal Code, and
WHEREAS, the Planning and Zoning Commission after a public hearing found and
determined the objectives and requirements of said Section 17 -4 -29 can and will be met, and
WHEREAS, the Planning and Zoning Commission has recommended the approval of the
Regency Crest Filing No. 4 Subdivision Special Area Plan without conditions:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Regency Crest Filing No. 4 Subdivision Special Area Plan is approved.
SECTION 2.
This ordinance shall be approved upon final passage but shall not become effective until (a) the
Ord' e rovin the Plat of Regency Crest Filing No.4 Subdivision becomes effective
a
manc pp g
pursuant to Section 4 of that Ordinance, and (b) the final plat for the special area plan hereby
approved is recorded in the office of the Pueblo County Clerk and Recorder.
t r �
ATTESTS ':•
CITY CLERK
INTRODUCED: Apri 1 8, 2002
BY: Al Gurule
CO PERSON
APPROVE
PRESIDENT OF CITY COUNCIL
PASSED AND APPROVED: April 22, 2002
p�
Background Paper for Proposed
ORDINANCE
DATE: APRIL 8, 2002
i
X 313
AGENDA ITEM #
1 1 3 X50
DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
AN ORDINANCE APPROVING THE REGENCY CREST FILING NO. 4 SUBDIVISION
SPECIAL AREA PLAN
ISSUE
Shall City Council approve a Special Area Plan 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 special
area plan for Regency Crest Filing No. 4.
BACKGROUND
The applicant is proposing to construct townhomes in an R -4 zone district. The applicant
will build duplexes in which units can be individually sold since the units will be separated
by a legal lot line. The Special Area Plan allows the zero side yard setback. At the time of
the Planning Commission meeting, all subdivision review committee concerns had been met.
FINANCIAL IMPACT
None
SAP -02 -01
PLANNING AND ZONING COMMISSION MEETING MINUTES
(1VLARCH 13, 2002) REGULAR MEETING
Regency Crest Subdivision, 4 th Filing — A Special Area Plan- 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 not a requirement on record and the current documents
states that the median is not required in a street that is not a major arterial street. Mr.
Leach expressed concern that the City would be imposing as cost to the developers that is
not yet a requirement. If it should be changed in the ordinance then Mr. Leach would
feel compliant to do so, as yet he feels it should not be forced upon him. Mr. Munch
stated they are working to change to ordinance to have new Roadway Standards and
should be so done in the year 2003. Mr. Munch stated there are others in the area that are
doing the medians and this area is in a transition period. Mr. Lytle stated the Annexation
Agreement does refer to the median island issue. Mr. Leach stated that is the boiler plate
and should be looked at such. Mr. Lytle stated the Agreement does state the City may
ask for the island and it was approved as a Resolution. Mr. Leach stated the since it is
not a current requirement and the developers do not know specifically what will result in
the new roadway standards it is premature to force it upon them. Nick Pannunzio, 200
W. 1st Street, Kim Cook, 111 E 5 th Street, Roger Fonda, 1700 N. Fortino Blvd., Cole
Proctor and Jerry Phillips, Domega Homes, Brett Kluff, 126 Glenrose, and Keith Horton
all spoke in favor of the applicants request that it is not current standard and should not
be forced to install the median until it is an Ordinance. Mr. Munch stated he understands
the cost involved, yet the City is looking at future roadway standards and would like to
have this be an asset to the area. Mr. Mabie stated the area is new and can have a median
be installed in the future. Mr. Soldan stated he understands the decision but would like to
see the developers have a closer say in essential matters. 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) SPECIAL MEETING
Regency Crest Subdivision, 4 th Filing -A Special Area Plan- S. of St Clair & W. of
Cedarcrest. (Domega Homes). Mr. Gurule, seconded by Mr. Soldan, moved to
recommend approval with staff recommendations. 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
City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
SAP -02 -01
TO: City of Pueblo, Planning and Zoning Commission
FROM: Cathy Green, Director of Planning
DATE: February 28, 2002
SUBJECT: STAFF SUMMARY OF SAP -02 -01 REGENCY CREST
SUBDIVISION FILING 4, A SPECIAL AREA PLAN
SYNOPSIS
BACKGROUND: 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: The following checked boxes identify areas where staff has found
significant concerns in this case:
CONCURRENT Regency Crest Sub Filing 4, Special Area Plan (S- 02 -04)
REQUESTS: 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 Pueblo, Colorado 81002 -1427 e (719) 543 -6006 Fax (719) 543 -0572
Incomplete
submittal:
Landscape
reauirement:
Other:
Zoning: X
Transportation:
Drainage:
Land Use:
Neighborhood:
Parks:
Sewer:
Public facilities:
Water:
CONCURRENT Regency Crest Sub Filing 4, Special Area Plan (S- 02 -04)
REQUESTS: 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 Pueblo, Colorado 81002 -1427 e (719) 543 -6006 Fax (719) 543 -0572
Planning and Zoning Commission
SAP -02 -01
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 Drive
Size of Property: 4.93 acres
Existing Zone District: R -4
Existing Land Use: Undeveloped
Request: Approval of Special Area Plan
Purpose: Develop single - family townhomes on individual lots with a
common lot line.
Applicable Regulations: Section 17 -4 -29, Zoning Ordinance, City of Pueblo
ZONING, LAND USE, AND NEIGHBORHOOD COMPATIBILITY
A.
am
C.
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
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.
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
SAP -02 -01
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:
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 and Drainage:
No comments regarding Storm Sewer were received from Public Works.
Water:
No comments were received from the Board of Water Works.
PUBLIC FACILITIES
Parks & Recreation:
No park or open space comments are required.
Landscaping:
The applicant shall meet the requirements of the Pueblo Municipal Code Section 17 -4 -7
Landscape Performance Standards.
Subdivision Review Committee: (See attached Subdivision Review Committee memo
dated February 27, 2002)
SPECIAL INFORMATION:
The following analysis is based on the City of Pueblo, Special Area Plan requirements as
listed in Section 17 -4 -29 of the Code of Ordinance. The following objectives and
Planning and Zoning Commission
SAP -02 -01
4
requirements of the Special Area Plan are reviewed to determine the adequacy of this
proposal.
1) If residential the overall net density of the area so - planned, exclusive of the street
rights -of -way, shall not be greater than if each individual -parcel were built with a lot
size conforming to the requirements of the zone district.
The square footage of each individual parcel conforms to the 3,000 ftZ minimum lot
size of the R -4 Mixed Residential zone district.
2) The plan shall provide for the use and continuous maintenance of any remaining open
space as well as only land common to all properties or controlled by a corporation or
home owners association composed of all present and future owners of all property
within the proposed development and provision is made for the recording of such
with each deed And land dedicated to public use and formally accepted by City
Council need not be maintained by such corporation or homeowners association.
The remaining open space is contained within individual lots with no common area.
There is no dedicated park area included as part of this special area plan. The public
park areas were dedicated in a separate filing of the Regency Crest development.
3) The plan may provide for exceptions to minimum setback and lot width and depth
requirements for each building if such can reasonably be made so that the public
health safety, and general welfare will be protected.
The lots appear to be capable of providing building setbacks that protect for health,
safety and general welfare. Some lots appear to have building envelopes that would
require 2 -foot side yard setbacks.
4) The plan shall provide that all setbacks on the periphery of the area shall not be less
than those required for the zone district in which the building complex is located
provided however, that front setback requirements on interior streets or service
drives may be changed.
The periphery setbacks comply with the standards of the R -4 zone district.
5) The plan shall be in accordance with the City's Comprehensive Land Use Plan and
shall provide appropriate conditions and safeguards in harmony with the general
purpose and intent of this Title.
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. This Special Area Plan is in compliance with this land use.
Planning and Zoning Commission
SAP -02 -01
5
6) The plan shall provide the area property with adequate access to transportation, water
supply, waste disposal fire and police protection and other needed public facilities
and services in accordance with the approved subdivision plat.
These issues were addressed in the Subdivision Review Committee Memo.
7) The street plan shall be in conformity with the most recently adopted major street plan
known as the Pueblo Area Transportation System Plan. The street plan, including
interior circulation for the special area plan shall be designed so that no undue traffic
congestion or unnecessary traffic hazards will be created in the special area plan or in
any adjoining neighborhood.
The street plan complies with the Pueblo Area Transportation System Plan.
8) The plan shall provide traffic access ways interior circulation ways and parking and
loading spaces as required for the zone district in which the land is located.
The special area plan provides parking that complies with the R -4 zone district for
each lot within the subdivision.
9) The Plan shall be designed so that there will not be a substantially adverse effect upon
the character of the neighborhood or upon adjacent property or property values in the
area.
The design of the subdivision complies with the Regency Crest Master Land Use Plan
approved by the Planning Commission in 1995. The plan identifies this area for R -4
Mixed Residential development. While the development density is higher than the
existing residences to the north, it was planned and approved for construction at a
higher density than the adjacent homes.
10) The plan shall incorporate adequate safeguards including but not limited to
screening fences and landscaping to protect and maintain harmony with the
surrounding_ area.
The individual lots will be landscaped and a landscaped border is being required
along St. Clair Avenue. There was insufficient information provided to determine
whether screening or fencing will be provided as part of the subdivision.
11) The plan shall provide the development sequence of the land within the plan if
development is to be done in phases Subdivision plats shall be submitted for the
land proposed to be developed in the same development.
The development is not proposed to be completed in phases.
Planning and Zoning Commission
SAP -02 -01
6
12) The plan shall provide the location and dimensions of all existing and proposed
buildings structures rights -of -way, easements, and improvements.
The proposed building footprints in some cases are not compatible with building
envelopes.
ATTACHMENTS
A. ZONING/LOCATION MAP
B. SITE PHOTOGRAPHS
C. SUBDIVISION REVIEW COMMITTEE MEMO