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HomeMy WebLinkAbout10829ORDINANCE NO. 10829 AN ORDINANCE APPROVING THE NORTH VISTA HIGHLANDS, FILING NO. 13 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the North Vista Highlands, Filing No.13 Subdivision, being a subdivision of land legally described as: A portion of Parcels "O" and "P", 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. Beginn in North Vista Highlands, Filing No. 7 (Future Home of Heroes Parkway); thence along the arc of a curve to the right whose radius is a distance of 14.99 feet; thence ce of 800.00 feet; thence ce ance of 125.77 feet to a continuing along the eas seven (7) courses: 1. 2. 3. 4. 5. 6. 7. Containing 23.61 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 enforcement or nonenforcement of 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 # S4 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. 13 SUBDIVISION SUMMARY: The applicant is requesting to subdivide 23.61-acres into 100 single-family residential lots, drainage and detention parcels, open space, park, and future development parcels generally located west of Cedarweed Blvd 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-24-04 NVH Filing No.12 BACKGROUND: The subject property is located west of Cedarweed Blvd and south of the future western extension of Home of Heroes Parkway. The proposed subdivision divides the property into 100 single-family residential lots, three parcels reserved for drainage, pedestrian, trail, landscape, and open space. 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 C are dedicated for pedestrian, trail, landscaping, and open space purposes. 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 9,764 sq. ft., with varying lot widths. The North Vista PUD requires lots with widths between 36- 59 feet to have 20-foot front-yard setback, lots with widths between 60-75 feet are required to have a 25-foot front-yard setback; and lot widths greater than 75-feet to have a 30-foot setback. Blocks 2, 3, and 4 have relatively uniform lot width and sizes, but Block 1 and 5 have include varying lot widths, which will require the setbacks to vary creating an irregular appearance from the street. 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 (Section 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 A, B, and C as park dedication. The trail and open space parcels exceed the required 1.50 acres of required park area. FINANCIAL IMPLICATIONS 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-24-05 NVH No. 13 Complete Attachments