HomeMy WebLinkAbout08061ORDINANCE NO. 8061
AN ORDINANCE APPROVING THE PASTORA RANCH,
FILING NO. 2 SUBDIVISION PLAT AND REPEALING
ORDINANCE NO. 7681
WHEREAS, Petitioner has requested major changes to the previously reviewed
and approved, but not recorded Pastora Ranch, Filing No 2 Subdivision;
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SFrTinN 1
The final plat of the Pastora Ranch, Filing No 2 Subdivision Plat 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 °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
Mee
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 °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 °59'53" E., along the Southerly line of said El Camino Subdivision, 14 Filing,
a distance of 128.46 feet; thence S. 01'00'07" W., a distance of 190.00 feet; thence N.
88 °59'53" W., a distance of 5.48 feet; thence S. 01'00'07" W., a distance of 130.00 feet;
thence S. 88 °59'53" E., a distance of 20.62 feet; thence S. 01'00'07" W., a distance of
183.00 feet; thence S. 09 °21'22" E., a distance of 93.45 feet; thence S. 65 °51'16" W., a
distance of 82.00 feet; thence S. 24 °08'44" E., a distance of 108.00 feet; thence S.
65 °51'16" W., a distance of 59.73 feet; thence S. 24 °08'44" E., a distance of 180.00 feet;
thence S. 65 °51'16" W., a distance of 54.76 feet; thence S. 24 °08'44" E., a distance of
169.37 feet; thence S. 00 °32'23" W., a distance of 11.70 feet; thence S. 65 °51'16" W., a
distance of 153.63 feet; thence S. 33 °04'47" E., a distance of 75.03 feet; thence S.
43 °33'30" E., a distance of 140.90 feet; thence S. 00 °32'23" W., a distance of 10.01 feet
to a point on the Southerly line of the NW Y4 of said Section 21; thence N. 88 °46'26" W.,
along the Southerly line of the NW Y4 of said Section 21, a distance of 1510.31 feet to a
point on the Westerly line of the NW Y4 of said Section 21; thence N. 00 °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 Subdivision is approved with 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) 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.
3) 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.
4) 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.
5) 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.
6) The sanitary sewer outfall must be designed and approved by the City Wastewater
Department prior to recording the plat.
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.
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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.
SFrTinN F
Ordinance No. 7681 is hereby repealed.
AT7ESTFD SY:
CITY CLERK
INTRODUCED: August 10, 2009
BY: Randy Thurston
COUNCILPERSON
APPR D' } �-
PRESIDENTaf City Council
PASSED AND APPROVED: August 24, 2009
Background Paper for Proposed
ORDINANCE
AGENDA ITEM # R -17
DATE: AUGUST 10, 2009
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JERRY M. PACHECO, DIRECTOR
TITLE
AN ORDINANCE APPROVING THE PASTORA RANCH, FILING NO. 2 SUBDIVISION
PLAT AND REPEALING ORDINANCE NO. 7681
ISSUE
Shall City Council approve a request 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?
RECOMMENDATION
The Planning and Zoning Commission, at their July 8, 2009 Regular Meeting, voted 7 -0
to recommend approval with the following condition:
The sanitary sewer outfall must be designed and approved by the City Wastewater
Department prior to recording the plat.
BACKGROUND
The applicant is requesting major changes to the previously reviewed and approved, but
not recorded Pastora Ranch, Filing No. 2 Subdivision (S -07 -21 September 12, 2007).
Changes include adding minimum five -foot Drainage Easements along all side and rear
lot lines; and the removal of the five -foot Sanitary Sewer Easement along the north lot line
of Lot 14, Block 2 and the south lot line of Lot 13, Block 2. Because of the
aforementioned changes, the subdivision must be presented to the Commission for
review and subject to a second Public Hearing.
Pastora Ranch, Filing No. 2 proposes 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 (re- reviewed February 11, 2009)
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.
According to the Pastora Ranch Annexation Agreement, several improvements must be
made to the site prior to or at the time of subdivision. These include off -site
improvements to Bandera Parkway; public dedication and improvements to portions of
Nolan Trace; storm water drainage improvements; creation of a Special District for the
Maintenance of Right -of -Way Landscaping; establish an architectural theme that is
compatible with El Camino Filing 14 or 16; and design a landscaped entry feature along
Bandera Blvd which will serve as a visual separation between El Camino and Pastora
Ranch subdivisions. Please refer to Joe Martellaro's Staff Memorandum dated July 12,
2007 for specific details concerning the annexation agreement and improvements.
FINANCIAL IMPACT
None.