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Home My WebLink About06814ORDINANCE NO. 6814 AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST FILING NO. 5 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Regency Crest Filing No. 5 Subdivision, being a subdivision of land legally described as: Lots Ten (10) Through Twelve (12), Block 7, And Lots Thirteen (13) Through Fifteen (15), Block 7, Lots Five (5) through Seven (7), Block 1 I 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. INTRODUCED: pril 8 200 BY Al Gurule COUNCIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: April 22. 2002 Background Paper for Proposed ORDINANCE AGENDA ITEM #. DATE: APRIL 8, 2002 1%151 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST FILING NO. 5 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. 5. 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 concerns of the Subdivision Review Committee had been met FINANCIAL IMPACT None S -02 -05 PLANNING AND ZONING COMMISSION MEETING MINUTES (MARCH 13, 2002) REGULAR MEETING Regency Crest Subdivision, 5"' Filing W. of Red Creek Springs Rd. & W. of Chestnut Dr. ( 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) SPECIAL MEETING Regency Crest Subdivision, 5 Filing W. of Red Creek Springs Rd. & W. of Chestnut Dr. ( Domega Homes). Mr. Lytle, seconded by Mr. Gurule, moved to recommend approval, subject to the concurrent approval of SAP -02 -2 and with the conditions recommended by staff. Motion carried 6 -0. IuW, co X1 `1411111 i TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -02 -5 and SAP -02 -2 REGENCY CREST SUBDIVISION 5 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 majority of proposed lots vary in width from 38.83' to 44.09' 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 7A & 7B, Block 3 and 10A &106, Block 7 and 5A & 513, 6A & 613, 7A & 7B of Block 11 will fit on those lots with the setbacks requested. 5. Lots labeled 5A & 6A of Block 3 do not abut a public way. If the existing structure built on Lot 7 of Block 3 were allowed to be split into Lots labeled 7A & 713, the structure would not meet the requested setbacks. It is the Subdivision Review Committee's recommendation that Lots 5, 6 and 7 of Block 3 of Regency Crest Subdivision not be included in this plat. It is the Subdivision Review Committee's recommendation that the developer be required to re- orient lots labeled 15A & 15B, Block 7 and 5A & 5B, Block 11 similar to lots labeled 10A & 10B, Block 11 and 7A & 7B, Block 3 so that the driveways face Oakcrest Street and the units do not back onto Red Creek Springs Road. It is the Subdivision Review Committee's recommendation that the developer be required to construct and maintain a setback sidewalk and 8' minimum landscaped buffer along Red Creek Springs road 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 ED 4-1 F-A'_1 j � I D ED:) REW City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning S -02 -05 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 -05 REGENCY CREST SUBDIVISION FILING 5 SYNOPSIS BACKGROUND: Applicant is proposing a to create a 24 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 West of Red Creek Springs Road and West of Chestnut Drive. 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 4, A Special Area Plan (S- 02 -04) 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: Neighborhood: Parks: Sewer: I Public facilities: I I Water: Regency Crest Sub Filing 4, Special Area Plan (SAP- 02 -01) Regency Crest Sub Filing 4, A Special Area Plan (S- 02 -04) 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 -05 2 GENERAL INFORMATION Applicant: Domega Homes, LLC Owner of Property: The Proctor Family Partnership, LLLP Location of Property: North of Red Creek Springs Road & West of Chestnut Drive 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 — Regency Crest Subdivision South R -2 Single-family residences 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 north and east of the proposed subdivision. To the northwest 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 newly developing Regency Crest 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. TRANSPORTATION The Department of Transportation listed the following comments and concerns regarding this subdivision: Planning and Zoning Commission S -02 -05 3 1. The Department of Transportation has concerns regarding the backing of vehicles into Red Creeks Springs Road. We would recommend that the lots that have the ability to be oriented to a side street do so in order to minimize the backing into Red Creek Springs Road. 2. Detached sidewalks on Red Creek Springs Road will be required because of the minor arterial classification and the expected higher volumes of traffic. 3. Lots 6A and 5A will have to be reoriented in order to face a public way. UTILITIES Sanitary Sewer: Comments: This property is within the City of Pueblo Wastewater service area. Sanitary sewer main extensions within onsite public right -of -ways will be required to serve this area. The subdivision plat is acceptable, except for those items noted on the memo from Kent Williams dated 2/16/02. 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. It is the Subdivision Review Committee's recommendation that Lots 5, 6 and 7 of Block 3 of Regency Crest Subdivision not be included in this plat. Planning and Zoning Commission S -02 -05 4 3. The developer shall be required to reorient lots labeled 15A & 15B, Block 7 and 5A & 5B, Block 11 similar to lots labeled l0A & l OB, Block 11 and 7A & 7B, Block 3 so that the driveways face Oakcrest Street and the units do not back onto Red creek Springs Road. 4. The developer shall be required to construct and maintain a setback sidewalk and 8' minimum landscaped buffer along Red Creek Springs Road as a condition of approval of the Special Area Plan. ATTACHMENTS A. ZONINGILOCATION MAP B. SITE PHOTOGRAPHS C. SUBDIVISION REVIEW COMMITTEE MEMO