HomeMy WebLinkAbout07419ORDINANCE NO. 7419
AN ORDINANCE APPROVING THE MCKINNEY MILLER
SUBDIVISION. A SPECIAL AREA PLAN
WHEREAS, The McKinney Miller 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
McKinney Miller Subdivision, A Special Area Plan with the following conditions:
NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The McKinney Miller Subdivision, A Special Area Plan is approved with the following
conditions:
1. Per City Ordinance, the Special Area Plan will include a privately owned, developed and
maintained park area and related amenities to serve the future residents thereof. Parcel "A"
will be developed as the private park area to include landscaping, park gazebo, walkways,
turf and benches; and
2. 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.
SECTION 2.
The McKinney Miller Subdivision, A Special Area Plan being a special area plan of land
described as follows:
PARCEL A:
A parcel of land being a portion of Lot 3, Country Club Heights 14 Filing according to that
recorded plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of
the Pueblo County Clerk and Recorder, and a portion of Parcel "C ", Lot Line Rearrangement
according to the recorded plat thereof filed for record November 13, 1996 in Book 2946 at Page 23
in the records of Pueblo County Clerk and Recorder, located within a portion of the E Y of Section
14, Township 20 South, Range 65 West of the Sixth Principle Meridian, being more particularly
described as follows:
BEGINNING at the SW corner of said Lot 3, Country Club Heights 14 Filing; thence N 11848'10"
E along the west line of said Lot 3, a distance of 31.89 feet to a point on the south line of a parcel
of land No. 345, of the Department of Transportation, State of Colorado Project No. NH- IR(CX)
025 - 1(126) UNIT 3; thence along said south line the following two (2) courses;
1. N 89855'31" E, a distance of 227.17 feet;
2. along the arc of a non - tangent curve to the right whose center bears S 00804'32"
E,having a central angel of 05821'53 ", and a radius of 628.17 feet, a distance of 58.82
feet to a point on the easterly line of said Lot 3, said point also being on the south line of
a parcel of land No. 346, of the Department of Transportation, State of Colorado, Project
No. NH- IR(CX) 025 - 1(126) UNIT 3;
thence southeasterly along said south line the following two (2) courses:
1. along the arc of a non - tangent curve to the right whose center bears S 03831'35" W,
having a central angel of 06833'58 ", and a radius of 628.17 feet, a distance of 71.99 feet;
2. S 78808'42" E, a distance of 215.64 feet to a point on the easterly line of parcel "C"
according to that recorded plat thereof filed for record November 13, 1996 in Book 2946
at Page 23 in the records of the Pueblo County Clerk and Recorder;
thence S 11842'05" W along said easterly line, a distance of 90.75 feet to the SE corner of said
Parcel "C "; thence N 78818'48" W along the south line of said Parcel "C" and along the south line
of said Lot 3, a distance of 567.98 feet to the POINT OF BEGINNING.
City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 0.99 acres more or less.
PARCEL B:
A parcel of land located within a portion of the E % of Section 14, Township 20 South, Range 65
West of the Sixth Principle Meridian, being more particularly described as follows:
BEGINNING at the SW corner of Lot 3, Country Club Heights 14 Filing according to that recorded
plat thereof filed for record October 10, 1979 in Book 2006 at Page 780 in the records of Pueblo
County Clerk and Recorder; thence S 78818'48" E along the south line of said Lot 3 and along the
south line of Parcel "C" of Lot Line Rearrangement, according to that recorded plat thereof filed for
record November 13, 1996 in Book 2946 at Page 23 in the records of the Pueblo County Clerk and
Recorder, a distance of 567.98 feet, to the SE corner of said Parcel "C "; thence S 11842'05" W, a
distance of 112.23 feet; thence S 79849'32" E, a distance of 26.30 feet to the SW corner of Lot 1,
Block 1, Country Club Heights 4th Filing according to that recorded plat thereof filed for record
February 25, 1954 in Book 16 at Page 20 in the Pueblo County Clerk and Recorder; thence S
00814'37" E, a distance of 50.79 feet to the NE corner of that parcel of land described in that deed
filed for record July 7, 1967 in Book 1656 at Page 223, Reception No. 379751 in the Pueblo
County Clerk and Recorder; thence along the north and west line of said Book 1656 at page 223
the following two (2) courses:
1. thence N 89818'01" W, a distance of 25.86 feet;
2. thence S 00810'50" E, a distance of 137.96 feet to the SW corner of said Book 1656 at
Page 223 said point also being on the north line of Country Club Heights 10 Filing
according to the recorded plat thereof filed for record May 17, 1972 in Book 1717 at Page
841 in the records of the Pueblo County Clerk and Recorder;
thence N 78807'25" W along said north line of Country Club Heights 10 Filing and along the north
line of Country Club Heights 11 Filing according to the recorded plat thereof filed for record May
6, 1977 in Book 1885 at Page 845 in the records of the Pueblo County Clerk and Recorder, a
distance of 608.34 feet to a point on the easterly line of Baltimore Plaza according to the recorded
plat thereof filed for record December 26, 1975 in Book 1833 at Page 222 in the records of the
Pueblo County Clerk and Recorder; thence N 11848'10" E along said easterly line, a distance of
331.04 feet to the POINT OF BEGINNING.
City of Pueblo, Pueblo County, State of Colorado.
Said parcel contains 4.03 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 McKinney Miller 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.
INTRODUCED November 28, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY CPWCIL
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # Ro 37
DATE: NOVEMBER 28, 2005
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
LAND USE ADMINISTRATOR/JERRY M. PACHECO
TITLE
AN ORDINANCE APPROVING THE MCKINNEY MILLER SUBDIVISION, A
SPECIAL AREA PLAN
ISSUE
Shall City Council approve a Special Area Plan to develop the subject property
as a multi - family residential community?
RECOMMENDATION
The Planning and Zoning Commission, at their November 9, 2005 regular
meeting, voted 5 -0 to recommend approval.
BACKGROUND
McKinney Miller Subdivision, A Special Area Plan is generally located south of
Kachina Drive and west of Lynda Lane extended.
The applicant proposes develop the subject property as a multi - family residential
community via a special area plan. As proposed, the project will consist of 32
lots, each defining the separate town home units, and parcels A and B. Parcel A
contains the private ingress /egress driveway, central park area and community
parking. Parcel B is the open space around the proposed 32 lots. The private
road will extend from the end of the public right -of -way of Lynda Lane.
The Planning and Zoning Commission voted unanimously to recommend
approval of the Special Area Plan Amendment with the following conditions:
1. Per City Ordinance, the Special Area Plan will include a privately owned,
developed and maintained park area and related amenities to serve the
future residents thereof. Parcel "A" will be developed as the private park
area to include landscaping, park gazebo, walkways, turf and benches;
and
2. 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"
d riveways.
Public Works staff confirmed that the applicant has complied with all items listed
in the Subdivision Review Committee memo dated November 14, 2005. This
application is concurrent with Subdivision S -05 -13 and Rezoning Z -05 -19 which
were also approved unanimously.
FINANCIAL IMPACT
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