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HomeMy WebLinkAbout08013ORDINANCE NO. 8013 AN ORDINANCE APPROVING THE PASTORA RANCH, FILING NO. 1 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pastor Ranch, Filing No. 1 Subdivision Plat being a subdivision of land legally described as: A resubdivison of a portion of Liberty Heights Subdivision of the SW Y4 of Section 21, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of Liberty Heights Subdivision according to the recorded plat thereof as filed for record on September 11, 1890 to bear S. 88 °46'26" E., and all bearings contained herein being relative thereto. All of Blocks 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13, and Lots 5, 6, 7 and 8, Block 14, Lots 7 and 8, Blocks 15, 16, Lots 1,2,3, and 4, Block 17, 18, 19, 20, 21, 22, 23 and 24 in Liberty Heights Subdivision EXCEPTIING THEREFROM: A portion of Lots 1, 4 and 5, Block 4 being more particularly described as follows: Beginning at the Northeast corner of said Lot 1, Block 4; thence S. 01 °13'43" W., along the East line of said Lots 1, 4 and 5, a distance of 283.56 feet; thence N. 19 °59'36" W., a distance of 140.50 feet; thence N. 28 °47'49" W., a distance of 153.17 feet to a point on the West line of said Lot 1; thence N. 01'13'43" E., along the West line of said Lot 1, a distance of 19.97 feet to a point on the North line of said Lot 1; thence S. 88 °46'17" E., along the North line of said Lot 1, a distance of 127.50 feet to the Point of Beginning AND A portion of Lot 8, Block 4 being more particularly described as follows: Beginning at the Southeast corner of said Lot 8, Block 4; thence N. 88 °46'17" W., along the South line of said Lot 8, a distance of 11.64 feet; thence N. 15 °30'30" E., a distance of 47.18 feet to a point on the East line of said Lot 8; thence S. 01'13'43" W., along the East line of said Lot 8, a distance of 45.72 feet to the Point of Beginning. AND A portion of Lot 1, Block 13 being more particularly described as follows: Beginning at the Northeast corner of said Lot 1, Block 13; thence S. 01'1343" W., along the East line of said Lot 1, a distance of 73.90 feet; thence Westerly along the arc of a curve to the right whose radius is 770.00 feet and whose center bears N. 02 °39'43" E., a distance of 45.17 feet; thence N. 15 °30'30" E., a distance of 73.73 feet to the North line of said Lot 1; thence S. 88 °46'17" E., along the North line of said Lot 1, a distance of 26.91 feet to the Point of Beginning. AND A portion of Lots 5 and 8 Block 14 being more particularly described as follows: Beginning at the Northeast corner of said Lot 5, Block 14; thence S. 01'13'43" W., along the East line of said Lots 5 and 8, a distance of 151.10 feet; thence N. 12 °01'01" W., a distance of 31.84 feet; thence N. 03 °00'45" W., a distance of 120.44 feet to the North line of said Lot 5; thence S. 88 °46'17" E., along the North line of said Lot 5, a distance of 16.20 feet to the Point of Beginning. AND A portion of Lot 7, Block 15 being more particularly described as follows: Beginning at the Northeast corner of said Lot 7, Block 15; thence S. 01'13'43" W., along the East line of said Lot 7, a distance of 84.35 feet; thence Westerly along the arc of a curve to the left whose radius is 640.00 feet and whose center bears S. 05 °51'07" E., a distance of 131.05 feet to the West line of said Lot 7, thence N. 01'13'43" W., along the West line of said Lot 7, a distance of 113.67 feet to the North line of said Lot 7, thence S. 88 °46'17" E., along the North line of said Lot 7, a distance of 127.50 feet to the Point of Beginning. ►D A portion of Lot 8, Block 15 being more particularly described as follows: Beginning at the Northeast corner of said Lot 8, Block 15; thence S. 01'13'43" W., along the East line of said Lot 8, a distance of 80.86 feet; thence N. 87 °20'38" W., a distance of 47.68 feet; thence along the arc of a curve to the left whose radius is 640.00 feet, a distance of 79.94 feet to a point on the West line of said Lot 8; thence N. 01 °13'43" E. along the West line of said Lot 8, a distance of 82.67 feet to a point on the North line of said Lot 8, thence S. 88 °46'17" E., along the North line of said Lot 8, a distance of 127.50 feet to the Point of Beginning. PAD A portion of Lot 7, Block 16 being more particularly described as follows: Beginning at the Northeast corner of said Lot 7, Block 16; thence S. 01'1343" W., along the East line of said Lot 7, a distance of 85.53 feet; thence N. 87 °20 "38" W., a distance of 127.54 feet to a point on the West line of said Lot 7; thence N. 01'1343" E. along the West line of said Lot 7, a distance of 82.36 feet to the North line of said Lot 7, thence S. 88 °46'17" E., along the North line of said Lot 7, a distance of 127.50 feet to the Point of Beginning. ►D A portion of Lot 8, Block 16 being more particularly described as follows: Beginning at the Northeast corner of said Lot 8, Block 16; thence S. 01'1343" W., along the East line of said Lot 8, a distance of 89.08 feet; thence N. 87 °20'38" W., a distance of 127.54 feet to a point on the West line of said Lot 8; thence N. 01 °13'43" E., a distance of 85.91 feet to a point on the North line of said Lot 8, thence S. 88 °46'17" E., along the North line of said Lot 8, a distance of 127.50 feet to the Point of Beginning. Containing 60.420 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 Subdivision is approved on the condition that the triangle shaped remnant pieces of land behind Lots 1 -6 and Lots 9 -11 of Block 5 shall be platted with the adjacent subdivision to the east. 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 Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SFrTinN 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, (b) the conditions of Section 2 have been 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 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: ADril27.2009 BY: Judy Weaver } Councilperson APPR D' } �- PRESIDENTaf City Council A77TSTED DY: CITY CLERK PASSED AND APPROVED: May 11, 2009 PED: E D ED Background Paper for Proposed ORDINANCE AGENDA ITEM # 28 DATE: APRIL 27, 2009 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE AN ORDINANCE APPROVING THE PASTORA RANCH, FILING NO. 1 SUBDIVISION ISSUE Shall City Council approve a request to subdivide 60.42 acres into 94 single - family residential lots, two (2) parcels dedicated as public parks, four (4) parcels for drainage and three (3) parcels reserved for resubdivision in the future? The Planning and Zoning Commission, at their February 11, 2009 Regular Meeting, voted 7 -0 to recommend approval with the following condition: The triangle shaped remnant pieces of land behind Lots 1 -6 and Lots 9 -11 of Block 5 shall be platted with the adjacent subdivision to the east. BACKGROUND The subject 60.42 -acre parcel of land was annexed into the City as part of a 110 -acre annexation that was approved on July 12, 2004. On May 9, 2005 the property was rezoned from A -1 to R -1, R -2 and S -5, to facilitate low- density residential development. Pastora Ranch, Filing No. 1 is located within the southern most portion of the 110 -acre annexation and will be accessed by an extension of Bandera Parkway. The first filing of Pastora Ranch contains 94 residential lots, two (2) parcels dedicated as public parks, four (4) parcels for drainage and three (3) parcels reserved for future subdivision. The annexation agreement also requires that the subdivider provide the following: 1. a secondary access to the development from Nolan Trace; 2. construct a monument sign at Bandera Parkway or Nolan Trace identifying the subdivision; 3. develop covenants enforceable by the homeowners association that establishes architectural requirements that are compatible with the adjoining El Camino Filing 14 and Filing 16; and design and 4. install a landscaped entryway along and adjoining Bandera Boulevard which will serve as a visual and physical separation showing where El Camino ends and Pastora Ranch begins. JI0let 0 [d/e10hNI;7eT93r None.