HomeMy WebLinkAbout07176Reception 1592566
11/03/2004
ORDINANCE NO. 7176
AN ORDINANCE APPROVING THE VILLAGE GREEN AT
WALKING STICK SUBDIVISION, A SPECIAL AREA PLAN
WHEREAS, The Village Green at Walking Stick Subdivision, A 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 Village Green at Walking Stick Subdivision, A Special Area Plan with
one modification:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Village Green at Walking Stick Subdivision, A Special Area Plan is approved
with the following modification and conditions:
a). Ingress and egress to and from the land and adjacent Walking Stick Golf
Course is prohibited.
b). Subdivider and subsequent owners of the land adjacent to Walking Stick Golf
Course shall install and maintain on such adjacent land a fence, wall or other
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buffer material between the land and Walking Stick Golf Course acceptable
to the City of Pueblo Parks Department Director.
c). Subdivider and subsequent owners of the land waive and release the City, its
officers, employees, agents, contractors, invitees and users of the Walking
Stick Golf Course ( "Released Parties "), from and against any and all claims,
actions, proceedings and causes of action at law or in equity, with respect to,
or for damages or injury to persons (including death) or property caused by
or resulting in any manner from the construction, installation, maintenance,
use and operation of the Walking Stick Golf Course or any facilities or
improvements thereon, including but not limited to, errant golf balls, or the
negligence of any of the Released Parties with respect thereto.
d). The foregoing conditions, restrictions, requirements, release and waiver shall
be shown on the plat and incorporated in covenants running with the land to
be filed contemporaneously with the plat.
2. The subdivision plat shall incorporate and include the following modification:
Non - radial lot lines will be allowed.
SECTION 2.
The Village Green at Walking Stick Subdivision, A Special Area Plan being a
special area plan of land described as follows:
A portion of land located within the North one -half of Section 17, Township 20
South, Range 64 West, of the 6 th Principal Meridian, Pueblo County, State of Colorado,
being more particularly described as follows:
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Beginning at a point within Section 17 from which the Northeast comer of said Section
17 bears N 87° 52'52" E, a distance of 1847.23 feet; thence,
S 02° 00'28" E, a distance of 649.51 feet; thence,
N 87 59'32" E, a distance of 105.03 feet; thence
S 59° 41' 23" E, a distance of 66.00 feet; thence,
S 27 04' 24" E, a distance of 84.85 feet; thence,
S 01' 55' 53" E, a distance of 185.19 feet; thence,
S 15 00' 00" E, a distance of 100.00 feet; thence,
S 75 00' 00" W, a distance of 374.56 feet, to the beginning of a tangent curve to the
right, said curve having a radius of 1050.00 feet and a central angle of
13 04'47"; thence along said curve, Westerly and Southerly, an arc distance 239.70
feet; thence, S 88 04'47" W, a distance of 119.75 feet, to the beginning of a tangent
curve to the left, said curve having a radius of 900.00 feet and a central angle of 45 35'
14"; thence along said curve, Westerly and Southerly an arc distance of 716.08 feet, to
a point on the Easterly right of way line of Walking Stick Boulevard, said point also
being at the Northeast corner of Enclave at Walking Stick, as recorded at Reception No.
1353559, County of Pueblo records; thence N 47 30' 27" W, a distance of 100.00 feet,
to a point at the Northeast corner of Lot 1, Block 1, said Enclave at Walking Stick, said
point being the beginning of a non - tangent curve to the right, said curve having a radius
of 1000.00 feet, a central angle of 38° 49' 31 ", and from which a radial line bears S 47°
30' 27" E; thence along said curve and along the Southeasterly line of that parcel of
land described in Book 2430 at Page 651, Northerly and Easterly an arc distance of
677.63; thence continuing along the Southeasterly lines of said parcel described in
Book 2430, at Page 651, the following five courses.
N 01 49' 31" W, a distance of 399.24 feet; thence,
N 61 46' 30" W, a distance of 120.16 feet; thence,
N 07 45' 54" W, a distance of 612.93 feet, to a point being 30.00 feet Southerly of the
Northerly line of said Section 17; thence 30.00 feet distant and parallel to said Northerly
line, N 88 45'07" E, a distance of 775.56 feet; thence, N 72° 21' 35" E, a distance of
9.90 feet, to the point of beginning of this description.
Said Parcel contains 21.50 acres, more or less.
is hereby approved.
SECTION 3.
After considering the recommendation of the Planning and Zoning Commission,
the City Council finds and determines that the Special Area Plan includes and provides
for park and recreation facilities necessary to serve the proposed subdivision or
development and the future residents thereof.
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SECTION 4.
This ordinance shall be approved upon final passage but shall not become
effective until (a) the Ordinance approving the Plat of The Village Green at Walking
Stick Subdivision, A Special Area Plan 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.
�.° - 0 .4` .� INTRODUCED: July 12, 2004
BY: Michael Occhiato
UNCILPERSO
APPROVED:
PkESIPiNT OF CITY COUNCIL
ATTEST ECS`[! Y r
'CLERK
PASSED AND APPROVED: July 26 2004
AGENDA ITEM #19
DATE: JULY 12 7 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JAMES MUNCH
LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP
MUNCH
TITLE
AN ORDINANCE APPROVING THE VILLAGE GREEN AT WALKING STICK,
A SPECIAL AREA PLAN
ISSUE
Shall City Council approve a Special Area Plan on 21.50 acres for residential use?
RECOMMENDATION
The Planning and Zoning Commission at their June 9, 2004 Regular Meeting
voted 6 -0 to recommend approval of the applicant's requested one modification to
the subdivision regulation and to recommend approval with the following
conditions:
a). Ingress and egress to and from the land and adjacent Walking Stick
Golf Course is prohibited.
b). Subdivider and subsequent owners of the land adjacent to Walking
Stick Golf Course shall install and maintain on such adjacent land a
fence, wall or other buffer material between the land and Walking Stick
Golf Course acceptable to the City of Pueblo Parks Department.
c). Subdivider and subsequent owners of the land waive and release the
City, its officers, employees, agents, contractors, invitees and users of
the Walking Stick Golf Course ( "Released Parties "), from and against
any and all claims, actions, proceedings and causes of action at law
or in equity, with respect to, or for damages or injury to persons
(including death) or property caused by or resulting in any manner
from the construction, installation, maintenance, use and operation of
the Walking Stick Golf Course or any facilities or
improvements thereon, including but not limited to, errant golf balls, or
the negligence of any of the Released Parties with respect thereto.
d). The foregoing conditions, restrictions, requirements, release and
waiver shall be shown on the plat and incorporated in covenants
running with the land to be filed contemporaneously with the plat.
2. The subdivision plat shall incorporate and include the following
modification:
Non - radial lot lines will be allowed.
BACKGROUND
The Village Green at Walking Stick, A Special Area Plan is a residential project
located in the Walking Stick development in the NE Quadrant of the City of
Pueblo. The project abuts the Walking Stick Golf Course along its northern and
western sides. Within the accompanying Subdivision (S- 04 -08), the applicant
requested one modification: non - radial lot lines will be allowed. The applicant
has complied with all of the items listed in the Subdivision Review Committee
(SCR) memorandum dated May 26, 2004 as confirmed in the memo from Joe
Martellaro dated July 1, 2004.
FINANCIAL IMPACT
None