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HomeMy WebLinkAbout07301ORDINANCE NO. 7301 AN ORDINANCE APPROVING THE RETREAT AT PUEBLO, A SPECIAL AREA PLAN WHEREAS, The Retreat at Pueblo, 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 Retreat at Pueblo, A Special Area Plan with the following conditions: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Retreat at Pueblo, A Special Area Plan is approved with the following conditions: 1. Ingress /egress easements shall be provided for "semi- common" driveways, and a mechanism shall be provided by the homeowner's association to provide for the pro rata maintenance of "semi- common" driveways; and 2. Prior to the issuance of any building permit for the property the developer shall submit a landscaping and financing plan to the City for review and approval to ensure that the criterion for Section 17- 4 -29(a) 10 of the Pueblo Municipal Code is satisfied. SECTION 2. follows: The Retreat at Pueblo, A Special Area Plan being a special area plan of land described as A parcel of land located within the West one -half of the Northwest one - quarter of Section 16, Township 21 South, Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, being described as Parcel B, Subdivision Exemption No. 2004 -002 according to the recorded plat thereof filed for record June 16, 2004 at Reception No. 1570781 in the Office of the Pueblo County Clerk & Recorded, County of Pueblo, State of Colorado. Said parcel contains 3.35 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. SECTION 4. This ordinance shall be approved upon final passage but shall not become effective until (a) the Ordinance approving the Plat of The Retreat at Pueblo, 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. INTRODUCED April 11, 2005 BY Jeff Chostner Councilperson APPROVED: PIRESMENT 9F CITY C IL ATTESTED BY: CITY CLERK PASSED AND APPROVED April 25, 2005 LD CD Background Paper for Proposed ORDINANCE W - ff/) 30( AGENDA ITEM # oZq DATE: APRIL 11, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/MICHAEL SMYTH, AICP TITLE AN ORDINANCE APPROVING THE RETREAT AT PUEBLO, A SPECIAL AREA PLAN ISSUE Shall City Council approve a Special Area Plan on 3 acres into town homes along a winding cul -de -sac? RECOMMENDATION The Planning and Zoning Commission, at their February 9, 2005 regular meeting, voted 6 -0 to recommend approval. BACKGROUND The Retreat at Pueblo, A Special Area Plan is a residential project located in the 26 acre acre community, called South Village at Pueblo. The project is generally located on the south side of Pueblo and southwest of Bandera Parkway and north of Colorado State Highway 78. The Planning and Zoning Commission voted unanimously to recommend approval of the applicant's request to subdivide with the following conditions: 1. Ingress /egress easements shall be provided for "semi- common" driveways, and a mechanism shall be provided by the homeowner's association to provide for the pro rata maintenance of "semi- common" driveways; and 2. Prior to the issuance of any building permit for the property the developer shall submit a landscaping and financing plan to the City for review and approval to ensure that the criterion for Section 17- 4 -29(a) 10 of the Pueblo Municipal Code is satisfied. Public Works staff confirmed that the applicant has complied with all items listed in the Subdivision Review Committee memo dated March 31, 2005. With the accompanying Subdivision (S- 04 -19), the applicant requested one modification: Authorization of a private roadway with a centerline radius less than 100 feet. This application is concurrent with Rezoning Z -04 -24 and Subdivision S- 04 -19, which were also approved unanimously. FINANCIAL IMPACT None.