HomeMy WebLinkAbout10828ORDINANCE NO. 10828
AN ORDINANCE APPROVING THE NORTH VISTA
HIGHLANDS, FILING NO. 12 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the North Vista Highlands, Filing No.12 Subdivision, being a subdivision
of land legally described as:
A portion of Parcels "O" and "Q", in North Vista Highlands, Filing No. 7, according to the
recorded plat thereof as filed for record on October 26, 2023 at Reception No. 2326748 in the
Pueblo County Records and being more particularly described as follows:
Considering the east line of the northeast ¼ of Section 8, Township 20 South, Range 64 West
axle and the north end with a 2-
bearings contained herein being relative thereto.
th
Beginning at the Center corner of Section 7, Township 20 South, Range 64 West of the 6
curve to the right wh
16.05 feet; thence along the arc of a curve to the left whose radius is 340.00 feet, a distance of
4 according to the plat thereof as filed for record on December 21, 2021 at Reception No.
2257458 in the Pueblo County Records; thence
-west centerline of said Section
7; thence S8-west centerline, a distance of 2041.81 feet to the Center
corner of Section 7 and the Point of Beginning;
Containing 37.015 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
enf
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 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) 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.
SECTION 6.
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 October 15, 2024.
Final adoption of Ordinance by City Council on October 28, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
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 _____________
____________________________
President of City Council
ATTEST
________________________________
Deputy City Clerk
City Clerk's Office Item # S3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 28, 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. 12 SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide 37.015-acres into single-family residential lots,
open space, park, and future development parcels generally located north of Castor
Drive and south of the future western extension of Home of Heroes Parkway.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting approval of the following subdivisions:
S-24-02 NVH Filing No.10, S-24-03 NVH Filing No.11, and S-24-05 NVH Filing No.13
BACKGROUND:
The subject property is located north of Castor Drive and south of the future western
extension of Home of Heroes Parkway. The proposed subdivision divides the property
into 124 single-family residential lots, three parcels reserved for drainage, open space,
pedestrian, trail, landscape, and a park parcel. According to the PUD Development
Guide all parcels will be owned, developed and maintained by the North Vista
Highlands Metropolitan District, (Section 7, Parks and Open Space). Parcel A is
dedicated for drainage, detention, and open space, and will be owned and maintained
by the property owner. Parcels B and D are dedicated for drainage, pedestrian, trail,
landscaping, and open space purposes. Parcel C is dedicated for a 1.53-acre park. The
proposed single-family residential lots meet the minimum 3,600 sq. ft. minimum area.
The lots vary in size between approximately 4,400 sq. ft. and 13,930 sq. ft., with varying
lot widths. The North Vista PUD requires lot widths between 36-59 feet to have 20-foot
front-yard setback, lots with widths between 60-75 feet wide are required to have a 25-
foot front-yard setback; and lot widths greater than 75-feet to have a 30-foot setback.
All proposed subdivided blocks include varying lot widths, which allow the setbacks to
vary creating an irregular appearance from the street. The PUD Development Guide
requires a 40-foot buffer between the North Vista development and the existing single-
family residences in the University Park and Walking Stick Vista Subdivisions. 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 PUD requires the subdivider to dedicate .0075 acres of land as District Park and
.015 acres as Neighborhood Park with each residential subdivision (Sectio 7.7.2.3,
North Vista Master Plan, Planned Unit development, First Amendment). The applicant
is requesting to include 40-percent of the total area of Parcels B and D as park
dedication. The proposed neighborhood park in Parcel C (1.53 acres), which will be
developed with this subdivision, combined with the trail and open space parcels
exceeds the required 1.58 acres of required park area
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their October 9, 2024 Regular Meeting, voted
5-1 to recommend approval. Commissioner Avalos dissenting, Commissioner Maestri
absent ..
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 of the site.
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-24-04 NVH 12 Complete Attachments