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HomeMy WebLinkAbout06815ORDINANCE NO. 6A 1 F, AN ORDINANCE APPROVING THE REGENCY CREST FILING NO. 5 SUBDIVISION SPECIAL AREA PLAN WHEREAS, the Regency Crest Filing No. 5 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. 5 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. 5 Subdivision Special Area Plan is approved. SECTION 2. This ordinance shall be approved upon final passage but shall not become effective until (a) the Ordinance approving the Plat of Regency Crest Filing No.5 Subdivision becomes effective 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. INTRODUCED: Apri 1 8, 2002 BY: Al Gurul e z CIL PERSON ATTESTED BY: APPROVED: P ENT OF CITY COUNCIL \-� �CITYCLERK PASSED AND APPROVED: April 22, 2002 E ED Background Paper for Proposed ORDINANCE DATE: APRIL 8, 2002 a 2� { �S AGENDA ITEM # t. ) 9 5� DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE REGENCY CREST FILING NO. 5 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. 5. 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 -02 PLANNING AND ZONING COMMISSION MEETING MINUTES (MARCH 13, 2002) REGULAR MEETING Regency Crest Subdivision, 5 Filing — A Special Area Plan- N. 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 — A Special Area Plan- N. of Red Creek Springs Rd. & W. of Chestnut Dr. (Domega Homes). Application approved 5 -0. (See Minutes of Work Session of 3 -21 -02 for official vote). MEMORANDUM 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 atypical 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 & 713, Block 3 and 10A &10B, Block 7 and 5A & 56, 6A & 66, 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 & 76, 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 U ED O = A 1 City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning SAP -02 -02 TO: City of Pueblo, Planning and Zoning Commission FROM: Cathy Green, Director of Planning DATE: February 28, 2002 SUBJECT: STAFF SUMMARY OF SAP -02 -02 REGENCY CREST SUBDIVISION FILING 5, A SPECIAL AREA PLAN 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: 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 4, Special Area Plan (SAP- 02 -01) 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 211 E. "D• Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 9 (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 4, Special Area Plan (SAP- 02 -01) 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 211 E. "D• Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 9 (719) 543 -6006 Fax (719) 543 -0572 Planning and Zoning Commission SAP -02 -02 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 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 r� B. C. 113 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 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 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. Neighborhood Compatibility The proposed residential land use is compatible with the development and approved future developments in the area. TRANSPORTATION Planning and Zoning Commission SAP -02 -02 3 The Department of Transportation listed the following comments and concerns regarding this subdivision: 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: 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 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: Planning and Zoning Commission SAP -02 -02 4 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 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. Planning and Zoning Commission SAP -02 -02 5 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 identifies this area for commercial land uses as does the soon to be adopted 2001 Comprehensive Plan. This Special Area Plan is in compliance with this land use. 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 generally complies with the Pueblo Area Transportation System Plan, but the Department of Transportation has requested that specific lots be reoriented away from Red Creek Springs Road. 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. Planning and Zoning Commission SAP -02 -02 6 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 Red Creek Springs Road. 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. 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 Planning and Zoning Commission SAP -02 -02 7 CITY OF PUEBLO DEPARTMENT OF COMMUNITY DEVELOPMENT W Q,. 1'1od qr CASE: SAP -02 -02 EXHIBIT: ZONING / LOCATION MAP LOCATION: N. OF RED CREEK SPRINGS ROAD & W. 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