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HomeMy WebLinkAbout06857ORDINANCE NO. 6857 AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST, FILING NO. 2 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Regency Crest, Filing No. 2 Subdivision, being a subdivision of land legally described as: A portion of Section Four (4), Township Twenty -one (21) South, Range Sixty -five (65) West of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: Basis of bearings: The west line of Regency Crest Subdivision, a Special Area Plan according to the recorded plat thereof, being monumented at both ends by a No. 6 rebar with a 2 -1/2" aluminum cap marked "M2 Surveying P.L.S. 34587" is assumed to bear S03 0 18'38" W a distance of 1641.38 feet. Beginning at the Northwest corner of Regency Crest Subdivision, a Special Area Plan, according to the plat recorded at Reception No. 1175639 in the records of the Pueblo County Clerk and Recorder, also being on the south right -of -way line of St. Clair Avenue; Thence S 03 18" 38" W along the west line of said recorded subdivision a distance of 1641.38 feet to a point on the north right -of -way line of Red Creek Springs Road; THENCE, along said north right -of -way line the following two (2) courses: 1) N 88 37'21" W a distance of 476.15 feet; THENCE, 2) N 88 07'38" W a distance of 104.16 feet; THENCE, N 03 18' 38" E, a distance of 1541.73 feet; THENCE S 87 26' 01" E a distance of 39.35 feet; THENCE, N 02 33'59" E a distance of 111.18 feet; THENCE S 87 23" 29" E a distance of 542.14 feet; to the POINT OF BEGINNING. Said parcel contains 21.8382 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. (a) The ordinance is approved upon the following modification and conditions: (1) The developer submitting a detailed supplemental map in the vicinity of the extension of Red Creek Springs Road showing the location of the existing fences, roadway paving, curbs and all existing utilities including manholes, water meters, pedestals, power poles and guy wires. (2) Red Creek Springs Road right -of -way will be reduced to 80 feet with 44 foot roadway cross section (3) Minor street sections may be reduced from 36 feet to 32 feet (4) A 5 foot sidewalk setback with an 8 foot living landscape area between the walk and curb will be required for all streets narrower than the standard 36 foot wide minor street (5) The minimum front yard setback will be 18 feet, the minimum side yard setback will be 5 feet, and the minimum corner lot side yard setback will be 8 feet. The Special Area Plan be modified to exhibit these setbacks on the typical building footprint: (6) Fourteen lots can be platted on a 32 foot wide cul -de -sac (7) Applicant must resolve the storm drainage plan issues identified by Public Works staff. (8) The conditions and details of the park dedication, as set forth in the annexation agreement, shall be referenced in an addendum to the Subdivision Improvement Agreement (9) Issues related to the construction and maintenance of the pedestrian way between Lots 6 & 7 of Block 1 shall be resolved to the satisfaction of the Director of Public Works, and included on the subdivision plat and Exhibit B of the Subdivision Improvement Agreement. (10) Non - radial lot lines will be allowed SECTION 3. 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 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 4. 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 enforcement 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 5. 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 requirements of the City as herein modified and any applicable annexation agreements have been filed with and approved by the Director of Public Works, (b) the conditions set forth in Section 2 are met and complied with, and (c) 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. SECTION 6. The approval of this Ordinance shall not release or discharge or be construed to release or discharge the owner of the herein described real property or the real property from any condition or obligation imposed upon the owner or the real property pursuant to any applicable Annexation Agreement or condition imposed by the Planning and Zoning Commission. INTRODUCED: June 24, 2002 BY: Al Gurule C NCILPE�ON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: 1 C CLERK PASSED AND APPROVED: July 8, 2002 ED ED Background Paper for Proposed ORDINANCE AGENDA ITEM # / 5 DATE: JUNE 24, 2002 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT /JIM MUNCH TITLE AN ORDINANCE APPROVING THE PLAT OF REGENCY CREST, FILING NO 2 SUBDIVISION ISSUE Shall City Council approve a request to subdivide 21.89 acres into 105 single family residential lots? RECOMMENDATION The Planning and Zoning Commission voted 6 -1 to recommend approval of this subdivision based upon staff recommendations. BACKGROUND This subdivision request is being submitted concurrently with the Regency Crest Filing No. 2 Special Area Plan (SAP- 01 -05). This is a proposed 105 lot subdivision comprised of 21.89 acres. The property is located in an R -2 single family home zone district. The applicant is requesting a number of modifications to the subdivision standard including: a) a reduction in street width from the minor street standard of 36 feet to 32 feet b) reduction of Red Creek Springs Road right -of- way and roadway width from the standard for a principal arterial to an 80 foot right - of -way with a 44 foot roadway cross section c) the utilization of non - radial lot lines. The Planning & Zoning Commission voted 6 -1 to recommend approval based upon staff recommendations with these modifications and conditions. (1) The developer submitting a detailed supplemental map in the vicinity of the extension of Red Creek Springs Road showing the location of the existing fences, roadway paving, curbs and all existing utilities including manholes, water meters, pedestals, power poles and guy wires. (2) Red Creek Springs Road right -of -way will be reduced to 80 feet with 44 foot roadway cross section (3) Minor street sections may be reduced from 36 feet to 32 feet (4) A 5 foot sidewalk setback with an 8 foot living landscape area between the walk and curb will be required for all streets narrower than the standard 36 foot wide minor street (5) The minimum front yard setback will be 18 feet, the minimum side yard setback will be 5 feet, and the minimum corner lot side yard setback will be 8 feet. The Special Area Plan be modified to exhibit these setbacks on the typical building footprint: (6) Fourteen lots can be platted on a 32 foot wide cul -de -sac (7) Applicant must resolve the storm drainage plan issues identified by Public Works staff. (8) The conditions and details of the park dedication, as set forth in the annexation agreement, shall be referenced in an addendum to the Subdivision Improvement Agreement (9) Issues related to the construction and maintenance of the pedestrian way between Lots 6 & 7 of Block 1 shall be resolved to the satisfaction of the Director of Public Works, and included on the subdivision plat and Exhibit B of the Subdivision Improvement Agreement. (10) Non - radial lot lines will be allowed FINANCIAL IMPACT Unknown.