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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. 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. 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.