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HomeMy WebLinkAbout10678ORDINANCE NO. 10678 AN ORDINANCE APPROVING THE QUIKTRIP 4298 SUBDIVISION, FILING NO. 1, A SPECIAL AREA PLAN BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the QuikTrip 4298 Subdivision, A Special Area Plan, being a subdivision of land legally described as: A PORTION OF PARCEL A, LAKE AVENUE SUBDIVISION, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278380, COUNTY OF PUEBLO, STATE OF COLORADO, AS AMENDMENT BY THE REARRANGEMENT OF PROPERTY BOUNDARIES RPB-22-04, RECORDED MAY 24, 2022 AT RECEPTION NO. 2278490, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL A, FROM WHICH THE NORTH LINE OF SAID LAKE AVENUE SUBDIVISION BEARS NORTH 88°54'23" EAST, WITH ALL BEARINGS CONTAINED HEREIN BEING REFERENCED TO SAID NORTH LINE; THENCE ALONG SAID NORTH LINE, NORTH 88°54'23" EAST, A DISTANCE OF 1447.30 FEET TO THE NORTHEAST CORNER OF SAID PARCEL A, BEING THE NORTHWEST CORNER OF PARCEL B, SAID LAKE AVENUE SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID PARCEL A, BEING THE WEST LINE OF SAID PARCEL B, SOUTH 01°00'44" EAST, A DISTANCE OF 50.00 FEET TO A LINE PARALLEL WITH AND DISTANT 50.00 FEET SOUTHERLY FROM THE NORTH LINE OF SAID LAKE AVENUE SUBDIVISION; THENCE ALONG SAID PARALLEL LINE SOUTH 88°54'23" WEST, A DISTANCE OF 102.37 FEET TO A LINE PARALLEL WITH AND DISTANT 102.30 FEET WESTERLY FROM THE EAST LINE OF SAID PARCEL A; THENCE ALONG SAID PARALLEL LINE, SOUTH 01°00'44" EAST, A DISTANCE OF 837.69 FEET TO THE SOUTHEASTERLY LINE OF SAID PARCEL A, BEING THE NORTHWESTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY 25, A PUBLIC RIGHT-OF- WAY WITH A WIDTH THAT VARIES; THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID PARCEL A THE FOLLOWING SIX (6) COURSES: 1) SOUTH 56°53'11" WEST, A DISTANCE OF 331.30 FEET; 2) SOUTH 88°45'11" WEST, A DISTANCE OF 92.86 FEET; 3) NORTH 46°21'09" WEST, A DISTANCE OF 5.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 1273.00 FEET; 4) NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 42°05'41", AN ARC LENGTH OF 935.26 FEET; 5) NORTH 88°26'49" WEST, A DISTANCE OF 129.68 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL A; 6) NORTH 01°00'44" WEST A DISTANCE OF 686.08 FEET TO THE NORTHWEST CORNER OF SAID PARCEL A AND THE POINT OF BEGINNING. CONTAINING 1,152,920 SQUARE FEET OR 26.467 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 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 March 11, 2024. Final adoption of Ordinance by City Council on March 25, 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 ________________________________ City Clerk City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 25, 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 QUIKTRIP 4298 SUBDIVISION, FILING NO. 1, A SPECIAL AREA PLAN SUMMARY: The applicant is requesting to re-subdivide Parcel A, 28.36-acres, as amended by RPB- 22-04 into four commercial lots and three parcels, to facilitate the development of a QuikTrip Convenience Store and future commercial development. The lots will be accessed by private roads, Tracts B (extension of Streator Avenue) and C (extension of Reno Avenue), which require a Special Area Plan. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting a Commercial Development Review (C-22-26) and a Special Area Plan (SAP-23-02). BACKGROUND: The subject property is located northeast of the intersection of West Pueblo Boulevard and Lake Avenue and historically operated as a drive-in movie theater. The site is currently undeveloped and consists of three non-buildable parcels that were subdivided in 2021 and further rearranged in 2022 to combine Parcel D and Parcel A. The City of Pueblo owned Parcel D at the time of subdivision (2021), Parcel D served as access to Parcels A and B when originally subdivided and included a 50-foot Public Utility Easement (PUE) and ingress/egress easement. The City later granted Parcel D to the owner of Parcels A, B and C; the property owner then rearranged the parcels to combine Parcel D with Parcel A, the 50-foot-wide ingress/egress and PUE Easement remains in place and will continue to provide utility service and access to Parcel B and the lots located north of the subdivision site. The proposed subdivision includes two cul- de-sacs, within the PUE and ingress/egress easement, at the terminus of both Oakland and East Orman Avenues; to provide a turnaround at the dead end of each street. The cul-de-sacs are dedicated as right of way and have the potential for providing ingress/egress to Lot 4. The proposed QuikTrip Convenience Store will be located on Lot 1 and will have frontage on Lake Avenue. Per Colorado Department of Transportation (CDOT) requirements, there is no access from either Pueblo Boulevard (SH45) or from Interstate 25 to the property. All lots will be accessed from internal private streets; therefore, a Special Area Plan is being proposed in conjunction with the subdivision to allow the proposed private streets. Lots 2-4 will be reserved for future commercial development. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 12, 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: Approval of the Ordinance. ATTACHMENTS: 1. S-22-11 QuikTrip Attachments