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Home My WebLink About11060 City Clerk's Office Item # R3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 27, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE VILLA BELLA SUBDIVISION, FILING NO. 2 SUMMARY: The applicant is requesting to subdivide 48.240-acres into 310 residential lots and multiple parcels for public utilities, landscaping, drainage, detention, and sidewalk. PREVIOUS COUNCIL ACTION: City Council approved amending the zoning restrictions for the Villa Bella PUD on May 24, 2021 by Ordinance No. 9938. City Council approved amending the zoning restrictions for the Villa Bella PUD on April 11, 2022 by Ordinance No. 10149. City Council approved vacating two (2) 20-foot public utility and drainage easements on September 12, 2022 by Ordinance No. 10267. City Council approved the Villa Bella Filing No. 2 Subdivision on September 12, 2022, by Ordinance 10269; the conditional approval from 2022 expired September 12, 2023, according to Section 12-4-5, (b), 2., of the Pueblo Municipal Code. BACKGROUND: The proposed subdivision is located east of CSU-P, south of Villa Bella Expeditionary School, and north of Cesar Chavez Blvd. and is a re-subdivision of the western portion of the Villa Bella, Filing No. 1, Subdivision (2009). Villa Bella, Filing No. 1 was originally subdivided for multifamily and office/commercial uses and was governed by the original Villa Bella PUD Development Guide. The Villa Bella PUD Development Guide has been amended several times; the most recent amendment occurred in 2025. The latest PUD amendment incorporated newly annexed land into the PUD Zone District, modified park development requirements, and modified lot width and area requirements for residential development. Villa Bella, Filing No. 2 was reviewed according to the new Residential Lots: Villa Bella, Filing No. 2, divides the property into 310 modestly sized single-family residential lots. The current PUD Development Guide requires all single-family residential lots to have a 35-foot width. All lots within the proposed subdivision meet the minimum lot width and area requirements. Parcels: Parcels A through L are dedicated for perpetual use as public utility easements, landscaping, and sidewalk. According to the dedication, surface amenities within the parcels must be replaced by the property owner in the event the City or other utilities need to enter the easements. Property owners and/or the Villa Bella Metropolitan District No. 1, are responsible for installing and maintaining all landscaping. Parks: Under the recently amended PUD Development Guide, the subdivider is required to dedicate .0034 acres of pocket park per dwelling unit, at the time of subdivision. According to the Residences as Villa Bella PUD Development Guide, all required pocket parks must be constructed by the developer and maintained by a Special District, Metropolitan District, or Homeowners Association. Pocket Parks are required to be located within .5 miles of the dwelling units they are intended to serve. The subdivider is proposing to dedicate a 1.054-acre pocket park in Parcel E of the Villa Bella, Filing No. 1 Subdivision. The proposed 1.054-acre park meets the area dedication requirement and is located within approximately .5 miles of the residential lots in Filing No. 2. Parcel E of Villa Bella, Filing No. 1 is dedicated as public park, however; under the first PUD Development Guide, parks were required to be dedicated according to Municipal Code Title XII standards. Because of this, the land area was intended to be deeded to the City for perpetual park use. City Parks, Planning, Stormwater, and Public Works support the proposed pocket park dedication and development in Parcel E, but will require an agreement addressing construction, acceptance, transfer of the entire Parcel E to the developer/metro district/HOA, and maintenance to be recorded simultaneously with the plat after approval by City Council. Allowing construction of the park requirements for Filing No. 2, in Parcel E, of Filing No. 1, will provide active and passive park amenities for the residents of both subdivision filings. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 13, 2025 Regular Meeting, voted 7-0 to recommend approval. 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 re-subdivided 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-21-10 Combined Attachments ORDINANCE NO. 11060 AN ORDINANCE APPROVING THE VILLA BELLA SUBDIVISION, FILING NO. 2 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Villa Bella Subdivision, Filing No. 2, being a subdivision of land legally described as: TRACTS OF LAND IN THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 16, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, 05424 OF THE PUEBLO COUNTY, COLORADO RECORDS, TOGETHER WITH CBI WAY AND A PORTION OF NAPOLI WAY, MORE PARTICULARLY DESCRIBED AS FOLLOWS; TROY AVENUE AS SHOWN ON SAID PLAT; THENCE ALONG SAID EAST LINE THE FOLLOWING TWO (2) COURSES: 1. THENCE N01°15'11"W A DISTANCE OF 1.22 FEET TO A POINT OF CURVE; 2. THENCE 63.79 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1,170.00 FEET, A CENTRAL ANGLE OF 3°07'26", THE CHORD OF 63.78 FEET BEARS N00°15'28"W TO THE SOUTHWEST CORNER OF PARCEL THENCE ALONG THE SOUTH AND EAST LINES THEREOF THE FOLLOWING TWO (2) COURSES: 1. THENCE N89°15'26"E A DISTANCE OF 436.33 FEET; 2. THENCE N01°51'33"W A DISTANCE OF 337.36 FEET TO THE SOUTH RIGHT-OF WAY LINE OF AFORESAID NAPOLI WAY; THENCE N88°08'27"E ALONG SAID SOUTH LINE A DISTANCE OF 424.85 FEET; THENCE N01°51'33"W A DISTANCE OF 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF NAPOLI WAY; THENCE ALONG SAID NORTH LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE S88°08'27"W A DISTANCE OF 537.91 FEET TO A POINT OF CURVE; 2. THENCE 86.12 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 195.00 FEET, A CENTRAL ANGLE OF 25°18'19", THE CHORD OF 436.27 FEET BEARS N35°39'37"E TO A POINT OF TANGENT; 3. THENCE N66°33'15"W A DISTANCE OF 128.50 FEET TO THE AFORESAID EAST RIGHT-OF-WAY LINE OF TROY AVENUE; THENCE ALONG SAID EAST LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE 438.84 FEET ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 1,170.00 FEET, A CENTRAL ANGLE OF 21°29'25", THE CHORD OF 436.27 FEET BEARS N35°39'37"E TO A POINT OF TANGENT; 2. THENCE N46°24'19"E A DISTANCE OF 233.56 FEET TO A POINT OF CURVE; 3. THENCE 42.93 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 1,300.00 FEET, A CENTRAL ANGLE OF 1°53'31", THE CHORD OF 42.92 FEET BEARS N45°27'34"E TO THE SOUTH RIGHT-OF-WAY LINE OF THENCE ALONG SAID SOUTH LINE THE FOLLOWING FOUR (4) COURSES: 1. THENCE 263.21 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 440.00 FEET, A CENTRAL ANGLE OF 34°16'26", THE CHORD OF 259.30 FEET BEARS S74°43'20"E TO A POINT OF TANGENT; 2. THENCE N88°08'27"E A DISTANCE OF 341.45 FEET TO A POINT OF CURVE; 3. THENCE 251.33 FEET ALONG THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 960.00 FEET, A CENTRAL ANGLE OF 15°00'00", THE CHORD OF 250.61 FEET BEARS S84°21'33"E TO A POINT OF TANGENT; 4. THENCE S76°51'33"E A DISTANCE OF 88.90 FEET TO THE WEST RIGHT-OF-WAY THENCE ALONG SAID WEST LINE THE FOLLOWING THREE (3) COURSES: 1. THENCE S13°08'27"W A DISTANCE OF 66.63 FEET TO A POINT OF CURVE; 2. THENCE 272.27 FEET ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 1,040.00 FEET, A CENTRAL ANGLE OF 15°00'00", THE CHORD OF 271.49 FEET BEARS S05°38'27"W TO A POINT OF TANGENT; 3. THENCE S01°51'33"E A DISTANCE OF 621.02 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 16; THENCE S89°15'26"W ALONG SAID SOUTH LINE, 1,468.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS A CALCULATED AREA OF 1,128,588 SQUARE FEET (25.909 ACRES) MORE OR LESS. TOGETHER WITH: LOTS 1 AND 2, BLOCK 5 "VILLA BELLA SUBDIVISION FILING NO. 1" SAID PARCEL CONTAINS A CALCULATED AREA OF 420,846 SQUARE FEET (9.661 ACRES) MORE OR LESS. TOGETHER WITH: LOT 1, BLOCK 6 "VILLA BELLA SUBDIVISION FILING NO. 1" SAID PARCEL CONTAINS A CALCULATED AREA OF 384,964 SQUARE FEET (8.838 ACRES) MORE OR LESS. TOGETHER WITH: LOT 1, BLOCK 7 "VILLA BELLA SUBDIVISION FILING NO. 1" SAID PARCEL CONTAINS A CALCULATED AREA OF 166,915 SQUARE FEET (3.832 ACRES) MORE OR LESS. SAID PARCELS CONTAIN A COMBINED CALCULATED AREA OF 2,101,313 SQUARE FEET (48.240 ACRES MORE OR LESS.) BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SECTION 16, T20S, R64W OF THE 6th P.M., PUEBLO COUNTY, COLORADO, BEING MONUMENTED AT THE SECTION CORNER COMMON TO SECTIONS 16, 17, 20, AND 21 WITH A 3 1/2" ALUMINUM CAP STAMPED "ACS T20S R64W S17 S16 S20 S21 2009 LS 36061" FROM WHENCE THE QUARTER CORNER COMMON TO SECTIONS 16 AND 21 BEING MONUMENTED BY A 3 1/2" ALUMINUM CAP STAMPED "ACS T20S R64W S16 S21 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 inances 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 i 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 and 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 14, 2025. Final adoption of Ordinance by City Council on October 27, 2025. ____________________________ 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 ________________________________ City Clerk