HomeMy WebLinkAbout07681ORDINANCE NO. 7681
AN ORDINANCE APPROVING THE PASTORA RANCH, FILING NO. 2 SUBDIVISION PLAT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The final plat of Pastora Ranch, Filing No. 2 being a subdivision of land legally described as:
A parcel of land located in a portion of the S Y2 of the NW Y4 and the N Y2 of the SW Y4 of Section
21, Township 21 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of
Colorado and being more particularly described as follows:
Considering the South line of the NW Y4 of Section 21, Township 21 South, Range 65 West of the
6 th P.M. to bear S. 88 0 46'26" E., and all bearings contained herein being relative thereto.
A resubdivision of all of Lot 1, Block 1 and Parcels H, I and J in Pastora Ranch, Filing No. 1
according to the recorded plat thereof as filed for record in the Pueblo County records
U\ N
A portion of the S Y2 of the NW Y4 of said Section 21 being more particularly described as follows:
Beginning at the Southwest corner of Lot 1, Block 53 in El Camino Subdivision, 17 Filing
according to the recorded plat thereof as filed for record at Reception No. 1520720 in the Pueblo
County records; thence S. 88 0 59'14" E., along the Southerly line of said El Camino Subdivision,
17 Filing and the Southerly line of El Camino Subdivision, 16 Filing according to the recorded
plat thereof as filed for record at Reception No. 1520716, a distance of 1344.49 feet to a point on
the Southerly line of El Camino Subdivision, 14 Filing according to the recorded plat thereof as
filed for record at Reception No. 1348556; thence S. 88 0 59'53" E., along the Southerly line of said
El Camino Subdivision, 14 Filing, a distance of 128.46 feet; thence S. 01 0 00'07" W., a distance of
190.00 feet; thence N. 88 0 59'53" W., a distance of 5.48 feet; thence S. 01 °00'07" W., a distance of
130.00 feet; thence S. 88 0 59'53" E., a distance of 20.62 feet; thence S. 01 0 00'07" W., a distance of
183.00 feet; thence S. 09 0 21'22" E., a distance of 93.45 feet; thence S. 65 0 51'16" W., a distance of
82.00 feet; thence S. 24 0 08'44" E., a distance of 108.00 feet; thence S. 65 0 51'16" W., a distance of
59.73 feet; thence S. 24 0 08'44" E., a distance of 180.00 feet; thence S. 65 0 51'16" W., a distance of
54.76 feet; thence S. 24 0 08'44" E., a distance of 180.00 feet; thence S. 65 0 51'16" W., a distance of
158.52 feet; thence S. 33 0 04'47" E., a distance of 75.03 feet; thence S. 43 0 33'30" E., a distance of
155.00 feet to a point on the Southerly line
of the NW Y4 of said Section 21; thence N. 88 0 46'26" W., along the Southerly line of the NW Y4 of
said Section 21, a distance of 1520.13 feet to a point on the Westerly line of the NW Y4 of said
Section 21; thence N. 00 0 26'27" E., along the Westerly line of the NW Y4 of said Section 21, a
distance of 1336.38 feet to the Point of Beginning.
Containing 46.79 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.
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 Pueblo Municipal Code, as amended and any agreement
entered into pursuant thereto.
SECTION 3_
The ordinance is approved upon the following conditions:
1) Nolan Trace: Petitioner shall, at its cost and expense, obtain title to and deed to the
City by warranty deed a right of way between Manhole No. 463727.8 and the eastern boundary of
the property. The width of the right of way shall comply with the General Provisions for Roadway
Classification Design Standards and Policies, and be located in an alignment approved by the
Director of the Department of Public Works.
Petitioner shall, within the 180 -day period defined in the Annexation Agreement, and prior to the
issuance of any certificate of occupancy for any structure within the property complete construction
and installation of two (2) lanes of travel not less than twelve (12) feet in width within the eighty
(80) foot right of way of Nolan Trace from the property to the intersection of Nolan Trace and
Starlite Drive (future Vinewood Lane). If not already constructed and installed, Petitioner shall, at
its cost, extend Starlite Drive (future Vinewood Lane) to Nolan Trace.
2) Storm Water Drainage: Prior to the recordation of this subdivision of land within the property, the
subdivision drainage report and drainage facilities in the AVC ditch must be approved by the owner
of Lake Minnequa, which is currently Rocky Mountain Steel Corporation.
3) Special District for Maintenance of Right -of -Way Landscaping: Petitioner will, at the request of the
City, sign a petition pursuant to Chapter 9, Title XII, of the Pueblo Municipal Code to include the
property within a special district for the purpose of providing for the maintenance of all landscaping
within the rights -of -way of Bandera Parkway, as presently established and as located and
constructed in the future. In order to implement this covenant, Petitioner shall place restrictions of
record sufficient to bind all the land within the property and subsequent owners thereof to this
covenant.
4) Additional Road Improvements Nolan Trace: If not already constructed, Petitioner shall, at its sole
cost and expense, not later than one - hundred eighty (180) days after the issuance of the first
building permit for construction within the first subdivision that includes any portion of the property,
or the issuance of the first certificate of occupancy for any building within the property, whichever
occurs first (a) complete construction and installation of a pioneer road not less than twenty -four
(24) feet in width within a one hundred and twenty foot (120) right of way to be acquired and
dedicated by Petitioner in an alignment acceptable to the Director of Public Works from the existing
terminus of Prairie Avenue to the intersection of the Prairie Avenue as extended and Nolan Trace;
and (b) complete construction and installation of a pioneer road not less than twenty -four (24) feet
in width within the eighty (80) foot right of way of Nolan Trace from the intersection of Starlite Drive
(future Vinewood Lane) to the intersection of Prairie Avenue and Nolan Trace in an alignment
acceptable to the City. Construction plans for each pioneer road shall be approved by the Director
of Public Works.
5) Architecture Compatibility: The property which directly abuts El Camino Filing 14 or Filing 16,
Petitioner will develop covenants enforceable by the subdivision homeowners association which
will cause the subdivision development to be generally compatible in style and exterior finish with
the adjoining El Camino Filing 14 and Filing 16.
6) Entry Feature: Petitioner must design and install a landscaped entryway along and adjoining
Bandera Boulevard where it enters the property of sufficient size and design which will serve as a
visual and physical separation showing where El Camino ends and property begins. The design of
the entryway will be approved by the Director of Planning. This entry feature will be constructed
within the Bandera right of way. Petitioner shall dedicate additional land to widen the Bandera
Boulevard right of way to accommodate the entry feature. Maintenance of this entry feature will be
the responsibility of the Bandera Parkway Maintenance District.
SECTION 4.
Neither the adoption of this ordinance nor 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
Pueblo Municipal Code meeting and complying with the subdivision requirements of the City with
such modifications, if any, approved by City Council, have been filed with and approved by the
Director of Public Works, and (b) conditions of Section 3 have been met and complied with, (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 Pueblo
Municipal Code, 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 becomes effective.
INTRODUCED October 22. 2007
BY Randy Thurston
Councilperson
APPROVED: a
ESID NTof City Council
ATTESTED BY:
CITY CLERK
PASSED AND APPROVED: November 12, 2007
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Background Paper for Proposed
ORDINANCE
AGENDA ITEM # ) A7
DATE: OCTOBER 22, 2007
DEPARTMENT: JERRY M. PACHECO, ASSISTANT CITY MANAGER FOR
COMMUNITY DEVELOPMENT
TITLE
AN ORDINANCE APPROVING THE PASTORA RANCH, FILING NO. 2 SUBDIVISION
PLAT
Shall City Council approve a request to subdivide a 46.79 -acre parcel of land into 104
single - family residential lots and one (1) large parcel reserved for future resubdivision?
The Planning and Zoning Commission, at their September 12, 2007 regular meeting,
voted 6 -0 -1 to recommend approval, with the following noted:
CONDITIONS OF APPROVAL
1) Nolan Trace: If not already dedicated to the public or deeded to the City,
Petitioner shall, at its cost and expense, obtain title to and deed to the City by
warranty deed a right of way between Manhole No. 463727.8 and the eastern
boundary of the property. The width of the right of way shall comply with the
General Provisions for Roadway Classification Design Standards and Policies,
and be located in an alignment approved by the Director of the Department of
Public Works.
Petitioner shall, within said 180 -day period, and prior to the issuance of any
certificate of occupancy for any structure within the property complete
construction and installation of two (2) lanes of travel not less than twelve (12)
feet in width within the eighty (80) foot right of way of Nolan Trace from the
property to the intersection of Nolan Trace and Starlite Drive (future Vinewood
Lane). If not already constructed and installed, Petitioner shall, at its cost, extend
Starlite Drive (future Vinewood Lane) to Nolan Trace.
2) Storm Water Drainage: Prior to the approval of any subdivision of land within the
property, the subdivision drainage report and drainage facilities in the AVC ditch
must be approved by the owner of Lake Minnequa, which is currently Rocky
Mountain Steel Corporation.
3) Special District for Maintenance of Right -of -Way Landscaping: Petitioner will, at
the request of the City, sign a petition pursuant to Chapter 9, Title XII, of the
Pueblo Municipal Code to include the property within a special district for the
purpose of providing for the maintenance of all landscaping within the rights -of-
way of Bandera Parkway, as presently established and as located and
constructed in the future. In order to implement this covenant, Petitioner shall
place restrictions of record sufficient to bind all the land within the property and
subsequent owners thereof to this covenant.
4) Additional Road Improvements Nolan Trace: If not already constructed, Petitioner
shall, at its sole cost and expense, not later than one - hundred eighty (180) days
after the issuance of the first building permit for construction within the first
subdivision that includes any portion of the property, or the issuance of the first
certificate of occupancy for any building within the property, whichever occurs
first (a) complete construction and installation of a pioneer road not less than
twenty -four (24) feet in width within a one hundred and twenty foot (120) right of
way to be acquired and dedicated by Petitioner in an alignment acceptable to the
Director of Public Works from the existing terminus of Prairie Avenue to the
intersection of the Prairie Avenue as extended and Nolan Trace; and (b)
complete construction and installation of a pioneer road not less than twenty -four
(24) feet in width within the eighty (80) foot right of way of Nolan Trace from the
intersection of Starlite Drive (future Vinewood Lane) to the intersection of Prairie
Avenue and Nolan Trace in an alignment acceptable to the City. Construction
plans for each pioneer road shall be approved by the Director of Public Works.
5) Architecture Compatibility: Prior to the recording of any subdivision within the
property which directly abuts El Camino Filing 14 or Filing 16, Petitioner will
develop covenants enforceable by the subdivision homeowners association
which will cause the subdivision development to be generally compatible in style
and exterior finish with the adjoining El Camino Filing 14 and Filing 16.
6) Entry Feature: Petitioner will be required to design and install a landscaped
entryway along and adjoining Bandera Boulevard where it enters the property of
sufficient size and design which will serve as a visual and physical separation
showing where El Camino ends and property begins. The design of the entryway
will be approved by the Director of Planning. This entry feature will be
constructed within the Bandera right of way. Petitioner shall dedicate additional
land to widen the Bandera Boulevard right of way to accommodate the entry
feature. Maintenance of this entry feature will be the responsibility of the
Bandera Parkway Maintenance District.
BACKGROUND
The applicant is proposing to subdivide a 46.79 -acre parcel of land into 104 single -
family residential lots and one (1) very large parcel reserved for future resubdivision.
The property sits directly north of Pastora Ranch Filing No. 1 which was approved by
the Planning Commission on July 11, 2007 and directly south of the El Camino
Subdivision. The subdivision is part of the 110 -acre Pastora Ranch Annexation that
was passed by City Council on July 12, 2004.
FINANCIAL IMPACT
None.