HomeMy WebLinkAbout10808ORDINANCE NO. 10808
AN ORDINANCE APPROVING THE NORTH VISTA
HIGHLANDS, FILING NO. 9, A SPECIAL AREA PLAN
SUBDIVISION LOCATED SOUTH OF HOME OF HEROES
PARKWAY AND WEST OF WALKING STICK BOULEVARD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the North Vista Highlands, Filing No. 9, A Special Area Plan Subdivision,
being a subdivision of land legally described as:
A parcel of land located in the Northwest one-quarter of Section 8, Township 20 South, Range
64 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more
particularly described as follows:
All of Lot 1, Block 2, according to the recorded plat of North Vista Highlands, Filing No. 2 as filed
for record on August 20, 2021 at Reception No. 2240303 in the office of the Pueblo County
Clerk and Recorder.
Containing 19.52-acres, more or less.
attached hereto, is hereby approved. 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.
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
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
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-l0-l0l, 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 4.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 5.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on September 09, 2024.
Final adoption of Ordinance by City Council on September 23, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
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______________________________________________________________________________
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Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
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President of City Council
ATTEST
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City Clerk
City Clerk's Office Item # S8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 23, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS,
FILING NO. 9, A SPECIAL AREA PLAN SUBDIVISION LOCATED
SOUTH OF HOME OF HEROES PARKWAY AND WEST OF WALKING
STICK BOULEVARD
SUMMARY:
The applicant is requesting to subdivide 19.52-acres into 136 townhome lots and two
multifamily residential lots, private streets, parcels for pedestrian circulation, drainage,
parking, landscaping, drainage, utilities, and a park in Planning Area 3 of the North
Vista Highlands PUD.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting to vacate a portion of a drainage easement in
North Vista Highlands, Filing No. 2 (V-23-11) and is also requesting to establish a
Special Area Plan for the 19.52-acres (SAP-23-04).
BACKGROUND:
The subject property is a re-subdivision of North Vista Highlands, Filing No. 2, located
south of Home of Heroes Parkway and west of Walking Stick Blvd. The proposed
subdivision divides the property into 136 townhome lots, two multifamily residential lots
and multiple parcels for pedestrian use, utilities, landscaping and park. A Special Area
Plan is proposed for this subdivision to allow for the unique development of attached
townhomes on individual lots that do not meet the minimum required lot width as
prescribed by the North Vista Highlands PUD Development Guide and private streets.
Each townhome will be located on an individual lot and will have a two-car garage that
is accessed from the private street. All townhomes will have a small outdoor space
which fronts onto a pedestrian path, located within parcels, providing pedestrian
circulation throughout the development. The proposed development also includes
drainage and detention parcels that will be landscaped, 20 visitor parking spaces and a
park parcel that will include a small playground with a pedestrian path and landscaping.
A drainage and detention parcel will be located south of Home of Heroes Parkway,
providing a buffer between the townhomes and the arterial roadway (Home of Heroes
Pkwy). The parcels will be landscaped with irrigated native grass, river rock, decorative
shrubs/grasses and provide a sidewalk that connects residents to Home of Heroes
Parkway, final approval of landscaping and architectural plans will take place with the
PUD Site Plan approval process. The proposed development is in Planning Area 3 of
the North Vista Highlands PUD Development Guide, which requires a minimum lot
width of 30 feet for single-family attached homes. Section 17-4-29, of the Pueblo
Municipal Code states, in any zone district after or in conjunction with approval of a
subdivision plan, A Special Area Plan may be submitted to the Planning and Zoning
Commission for unique planning and development, which may allow for exceptions to
minimum setbacks and lot width and depth requirements for each building, with
consideration for the protection of public health, safety, and general welfare. Therefore,
the applicant is requesting approval of the proposed Special Area Plan in conjunction
with the approval of the North Vista Highlands, Filing No. 9 Subdivision. A detailed
discussion of the SAP provisions is included in the SAP-23-04, North Vista Highlands,
Filing No. 9 Staff Report. The North Vista PUD Development Guide includes extensive
regulations and guidance for Park dedication to ensure that 7.5 acres of park is
provided for each 1,000 residents. The proposed subdivision, North Vista Highlands,
Filing No. 9, will dedicate .83 acres of private neighborhood park, in Parcel H. North
Vista Highlands, Filing No. 5 dedicated 3.5 acres for neighborhood park (Parcel E),
which is located directly south of Parcel H in Filing No. 9. Filing No. 5 also dedicated
3.86 areas of park, in the form of landscaped open space and trails, totaling 7.36 acres
of park. Parcel E and the open space and trails from Filing No. 5, meets the park
requirement for both Filings 5 and 9 (286 dwelling units requires 4.29 acres of park);
therefore the .83 acres of park dedicated in Filing 9 is surplus neighborhood park area.
The sharing of park area between subdivisions is allowed within the PUD if the park is
within a quarter mile of the subdivision and is large enough to accommodate the
residential population based on the required .015 acres of park per dwelling unit.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their June 12, 2024 Regular Meeting, voted
7-0 to recommend approval with conditions.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
ALTERNATIVES:
If City Council does not approve this Ordinance, the site will not be resubdivided which
will impede development.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. S-23-11 Combined Attachments