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HomeMy WebLinkAbout10394* ORDINANCE NO. 10394 AN ORDINANCE APPROVING THE REGENCY PARK 5TH FILING, 1ST AMENDMENT SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. thst The final plat of the Regency Park 5 Filing, 1 Amendment, being a subdivision of land legally described as: TH LOT 5 IN BLOCK 14 IN REGENCY PARK 5 FILING, ACCORDING TO THE PLAT THERE OF RECORDED FEBRUARY 9, 1977 IN THE PLAT BOOK 1876 AT PAGE 81, COUNTY OF PUEBLO, STATE OF COLORADO 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 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-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. Action by City Council: Introduced and initial adoption of Ordinance by City Council on February 13, 2023 . Final adoption of Ordinance by City Council on February 27, 2023 . President of City Council Action by the Mayor: ☒ Approved on February 28, 2023 . □ 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 □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Deputy City Clerk City Clerk's Office Item # R10 Background Paper for Proposed Ordinance February 13, 2023 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE REGENCY PARK 5TH FILING, 1ST AMENDMENT SUBDIVISION SUMMARY: th The applicant is requesting to re-subdivide Lot 5, Block 14, Regency Park 5 Filing into two commercial lots to accommodate the existing, In Bank and facilitate the development of Dutch Bros Coffee on separate lots. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property is located at the southwest corner of the Sovereign Circle and South Pueblo Boulevard intersection. The site is currently developed with a bank and a cleared site for a proposed Dutch Bros Coffee development. Presently, the site consists of one lot, Lot 5, Block 14, Regency Park 5th Filing. In Bank and Dutch Bros prefer to be located on separate lots; the proposed subdivision divides Lot 5 into two lots, each approximately one-half acre, to facilitate development of Dutch Bros. Both lots exceed the 5,000 square foot lot minimum area for property within a B-2, Subregional Business District. There is potential for traffic conflicts and congestion with an access to Lot 2 from Sovereign Circle, depending on the traffic generated from the potential Dutch Bros development. The Colorado Department of Transportation provided a memorandum on December 29, 2022, requesting a revised Traffic Generation Analysis. Striping of the Sovereign Circle and Pueblo Boulevard intersection and traffic movements will be determined by the revised Traffic Generation Analysis and will be addressed at the time of commercial development. Access to the lot may be amended depending on the findings of the analysis and/or future traffic incidents at the site. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 11, 2023 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 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: ATTACHMENTS: 1. P_Z Report