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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