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HomeMy WebLinkAbout06312Reception 1256095 12/30/1998 ORDINANCE NO. 6112 AN ORDINANCE APPROVING THE PLAT OF EAGLECROSS SUBDIVISION FOURTH FILING BE ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that SECTION 1. The final plat of Eaglecross Subdivision Fourth Filing, being a sudivision of land legally described as follows: A parcel of land located within a portion of the SW 1/4 of the NE 1/4 of of Section 12, Township 20 South, Range 63 West of the Sixth Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the intersection of the northerly right -of -way line of Coronis Drive and the westerly right -of -way line of Interstate No. 25 from which the NE corner of Lot 3, Block 1, Eaglecross Subdivision Third Filing according. to the recorded plat thereof filed for record July 12, 1996 in Book 2910 at Page 95 in the records of the Pueblo County Clerk and Recorder bears S 05 °47'51" E (bearings based on the north line of said Lot 3, Block 1, Eaglecross Subdi- vision Third Filing monumented at each end with a No. 4 rebar with yellow plastic cap P.L.S. No. 16128 to bear N 89 °59'50 "W as established on said recorded plat) a distance of 80.41 feet; thence along said northerly right -of- way line of Coronis Drive the following two (2) courses: 1) N 89 °59'50 "W, a distance of 334.84 feet; 2) along the arc of a curve to the right having a central angle of 01 °11'21" _and a radius of 310.00 feet, a distance of 6.43 feet to a point on the east line of Lot 1, Block 2, Skyview according to the recorded plat thereof, Filed for record November 5, 1980 in Book 2049 at Page 905 in the records of the Pueblo County Clerk and Recorder; thence N 08 °58'46 "W along said east line a distance of 253.15 feet; thence S 89 °59'50" E a distance of 355.39 feet to a point on the said westerly right -of -way line of Interstate No. 25; thence S 05 °47'51 "E along the said westerly right -of -way line a distance of 251.40 feet to the point of beginning. Said parcel contains 2.00 acres, is hereby approved; and 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. 111111 illil 11111 lllill 111111 ll llllilll 111 11111 1111 1111 1296095 12/30/1998 11:58A ORD Chris C. Munoz SECTION 2. 2 of 3 R 16.00 D 0.00 Pueblo,Cty Clk & Rec. The acceptance of such dedicated streets, rights -of -way, utility and drainage ease- ments, public sites, parks and open spaces by the City does not obligate the City to maintain or repair same until such streets, rights -of -ways 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 1971 Code of Ordinances, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance and the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforce- ment 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 improvements or other work or improvements required thereby. Nothing in this ordinance or in the City's subdivisiof 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 -10 -101, et seq. Colorado Revised Statutes, or to waive any immunities or limitations on liabilities otherwise available to the City or its officers, employees or agents. SECTION 4. 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 1971 Code of Ordinances meeting and complying with the subdivision require- ments of the City 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 1971 Code of Ordinances, 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 afer written notice of such rescission and repeal is given to the Subdividor. No vested rights shall accrue to the subdivision or be acquired until this Ordinance or the final subdivision plat becomes effective. INTRODUCED 1998 Gti yti ! BY Al Gur le r �� Councilmember t Z `• ' 1 .Y APPRO VED President of e Co cil A ty Clerk 1111111111111111111111111111 II 11111111 III 111111111 IN 1256095 12/30/1998 11:58R ORD Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Rae. 3/30/98 Reception 1256097 12/30/1998 SUBDIVISION IMPROVEMENTS AGREEMENT THIS AGREEMENT is made on Apri 1 27, 1998 , between the CITY OF PUEBLO, a Municipal Corporation ( "City "), and W r V n t A,-„Y; C A r t cl ( "Subdivider ") RECITALS: WHEREAS, Subdivider has subdivided or is about to subdivide a certain tract of land located in the City and legally described in attached Exhibit "A "; and WHEREAS, the Subdivider, as a condition of approval of the final plat of _ ("Subdivision'), wishes to enter into this Subdivision Improvements Agreement as authorized by Chapter 4, Title XII of the 1971 Code of Ordinances; and WHEREAS, Subdivider is required by Section 12 -4 -7 (J) of the 1971 Code of Ordinances of the City to construct and install certain public improvements generally described in attached Exhibit "B" and shown on approved construction plans and documents on file at the office of the City's Director of Public Works ( "Required Public Improvements'); and WHEREAS, by Chapter 4, Title XII of the 1971 Code of Ordinances, Subdivider is obligated to provide security or collateral sufficient in the judgement of the City Council to make reasonable provisions to construct and complete the Required Public Improvements. NOW, THEREFORE, in consideration of the following mutual covenants and agreements, the City and subdivider agree as follows: Subdivider agrees within one hundred and eighty (180) days after applying for a building permit to construct any building or structure on any building site within the Subdivision, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, to construct and install at its sole cost all of the Required Public Improvements. 2. In lieu of installing the Required Public Improvements within the time period prescribed in Paragraph 1, Subdivider or any subsequent owner of the land or any portion thereof shall deposit cash or other collateral with the City Director of Finance, or with any bank or trust company licensed in the State of Colorado, subject to an escrow agreement approved by the City Attorney. The holder of such cash or collateral shall pay all or any portion thereof to the City upon demand after the time DPW 2/18/98 11111111111111111111111111111 III 1111111 III 111111111 IN 1236097 12/30/1998 11:58A AGREE Chris C. Munoz 2 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Ree. to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". 3. The amount of the deposit shall be computed by the City's Director of Public Works by estimating the total cost of all uncompleted Required Public Improvements within the block at the time application for building permit is made. The amount of the deposit required by this alternative shall not be less than 25% of such estimate plus the costs of extending all required sewer and water lines from nearest existing sewer and water lines to the proposed building site for which a building permit is sought, plus the costs of extending curb, gutter, sidewalk and paving from the edge of the Subdivision or existing improvements of a like nature, whichever is closer, to the proposed building site. In any case where the block, as later defined, exceeds one thousand (1000) feet in length between intersecting streets, the estimate of the City Director of Public Works under this paragraph may be reduced to the total costs of all uncompleted Required Public Improvements in at least one half ( /z) of such block, and the required deposit shall be based upon such decreased estimate. The Subdivider, however, shall provide a turnaround of at least sixty (60') feet in diameter at the mid - block point and barricade such street so that no through traffic shall be permitted beyond the point to which the estimate of the Director of Public Works is based. 4. Within one hundred eighty (180) days after subsequent application for a building permit to construct any building or structure upon any building site within the block, or upon the issuance of a certificate of occupancy for any such building or structure, whichever occurs first, Subdivider shall also deposit an amount not less than the estimate of the Director of Public Works for all Required Public Improvements from existing improvements to the proposed building site, less any previous deposits made under this agreement upon building sites lying between the most recently proposed site and existing improvements. 5. In the event the Subdivider or any subsequent owner of the land fails to complete the Required Public Improvements or to make such deposit within the required time, no additional building permits shall be issued to the Subdivider or the subsequent owner or to any other person to build or construct any building or structure in the Subdivision until such default is remedied. In addition, the City may treat the amount of such deposit as a debt due the City from the Subdivider or subsequent owner, which debt shall be alien upon all the land in the Subdivision and notice of lien may be filed for record in the office of the County Clerk and Recorder at any time after such default. Action upon such debt may be instituted by the City within six (6) years from the date of filing such lien for record. All remedies provided for in this agreement are cumulative and the use of one shall not prohibit the use of another. 6. Upon paying such deposit, the City Director of Public Works shall release the proposed building site from the terms of the Agreement except the terms of Paragraph 7 below. DPW 2/18/98 2 I IIIIII IIIII IIIII IIIIII IIIIII III IIIIIII III IIIII IIII IIII 1256097 12/30/1998 11:58A AGREE Chris C. Munoz 3 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Rec. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 124-7 (J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building Department until the Required Public Improvements, or those improvements necessary as determined by the City Director of Public Works, to totally serve specific lot(s) or block(s) for which certificates of occupancy are sought have been properly designed., engineered, constructed and accepted as meeting the specifications and standards of the City. The restrictions on issuing certificates of occupancy contained in this paragraph 7 and the restriction on the issuance of building permits contained in paragraph 5 shall run with the land and shall extend to and be binding upon the heirs, legal representatives, successors and assigns of Subdivider and may be specifically enforced by the City. 8. Acceptance of this Subdivision by the City does not constitute an acceptance of the roads, parks and other public improvements for maintenance by the City. Until such roads, parks and other public improvements have been installed and meet the requirements, standards, and specifications of the City, its Subdivision ordinances, and any applicable Parks Department specifications, and such are specifically approved and accepted in writing by the City Director of Public Works, and, if appropriate, the City Director of Parks and Recreation, the maintenance, construction, and all other matters pertaining to or affecting said roads, parks and other public improvements and rights - of -way are the sole responsibility of the Subdivider or any subsequent owner(s) of the land within the Subdivision. 9. The required time to complete all Required Public Improvements by Subdivider within such block shall be one (1) year from the date of application for the first building permit issued within such block. Upon completion and written approval and acceptance of Required Public Improvements within the required time and the payment of all inspection costs by Subdivider, the Director of Public Works shall cause all obligations of the Subdivider relating to the Required Public Improvements within such block to be released. If such Required Public Improvements are not completed within the required time, the City Director of Public Works may cause the proceeds of all deposits or other collateral or monies in escrow to be used to complete the same. If insufficient monies are available at the end of the required time to complete all Required Public Improvements for the entire length of such block, the Director of Public Works shall cause all collateral or monies in escrow to be reduced to cash and shall deposit the same with the Director of Finance. Such cash shall be used to complete that portion of the Required Public Improvements as the Director of Public Works, in the Director's sole discretion, shall determine. Until all the Required Public Improvements are completed and approved by the Director of Public Works, Subdivider and the subdivided land shall remain liable and responsible for all the Required Public Improvements. DPW 2/18/98 3 1 11111111111 IIIII 111111111111 III 1111111 III IIIII IIII IN 1256097 12/30/1998 11:58A AGREE Chris C. Munoz 4 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Rec. 10. For purposes of this Agreement, the "block" shall mean both tiers of lots fronting or abutting upon the street which the proposed building or structure shall front, to the rear property line of such lots, or the center line of the alley, if there is an alley, enclosed at either end by a street which intersects both tiers of lots, and shall include the full width of all streets upon which such lots abut. 11. If the Required Public Improvements are for a commercial subdivision and include stormwater drainage, stormwater detention facility, or maintenance and restoration of restoration of adjacent drainage channels, and/or associated improvements and revegetation (the "facilities'), located either within or outside of the Subdivision, Subdivider shall install the facilities in accordance with plans and specifications therefor approved by, and on file with the City, and thereafter, the facilities shall be repaired, replaced and maintained in good working order and condition by the owners of the land within the Subdivision. , The City is granted the right (but not the obligation) to inspect, control, repair, replace and maintain the facilities and to recover all costs and expenses therefor including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charge shall become a perpetual lien on all the land within the Subdivision upon recording in the office of the Pueblo County Clerk and Recorder a statement of lien setting forth the City's costs and describing the land signed by the City's Director of Public Works. Failure of the City to inspect, control, repair, maintain or replace the facilities shall not subject the City to any liability for such failure. 12. Subdivider agrees to provide the City with a current title insurance commitment at the time of final platting evidencing that fee simple title of all lands in the Subdivision is totally vested with the Subdivider free and clear of all liens and encumbrances. If such land is not free and clear, the holder of such indebtedness shall subordinate its interest or encumbrance to this Agreement and all its terms, conditions and restrictions. 13. The City or the purchaser of any lot(s)within this Subdivision shall have the authority to bring an action in any Court of competent jurisdiction to compel the enforcement of this Agreement or any amendment hereto. Such authority shall include the right to compel rescission of any sale, conveyance or transfer of any lot(s) or tract(s) contrary to the provisions of the Ordinances of the City or this Agreement. In the event of any litigation concerning this Agreement, the Court shall award the prevailing party its costs and expenses, including reasonable expert witness and attorneys' fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and be signed by all parties. 15. This Agreement shall extend to and be binding upon the successors and assigns of the City and upon the heirs, successors, assigns and legal representatives of Subdivider, DPW 2/18/98 4 IIIIII IIIII I 1236097 12/30/1998 11:58A AGREE Chris C. Munoz 3 of 8 R 41.00 D 0.00 Pueblo C!y Clk & Rec. and shall be recorded in the office of the County Clerk and Recorder of Pueblo County, Colorado, and shall constitute an agreement running with the land until released as described above. (SEAL) By: The parties have caused this Agreement to be executed and attested by its duly authorized and acting officer. Z . Subdivider j By; i (& STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) by The foregoing instrument was before me on Ab ye' keo- / 7 , � , , Subdivider. My commission expires: 4171Z�/ AL) , J rE O F City Clerk STATE OF COLORADO ) COUNTY OF COLORADO ) ss. Notary Public CITY F PUEBLO, a Municipal Corporation By: " - 6&� President oethe C uncil DPW 2/18/98 5 IIIIIIIIIIII i IIIIII III IIIIIII III IIIII IIII IN 1236097 12/30/1998 11:58A AGREE Chris C. I 6 of 8 R 41.00 D 0.00 Pueblo Cty Clk & Rea. M (SEAL) APPROVED AS TO FORM: City Attorney mss The foregoing instrument was acknowledged before me on December Cathy A. Garcia , as President of City Council, and as City Clerk of the City of Pueblo, Colorado. My commission expires: Notary Public 29 1998 Gina Dutcher DPW 2/18/98 6 I IIIIII IIIII IIIII IIIIII IIIIII III HIS 1111111111111111 1256097 12/30/1998 11 :58A AGREE Chris C. Munoz 7 of 8 R 41.00 D 0.00 Pueblo C!y Clk & Rec. EXHIEI T A A porcel of lond located within o portion of the SW 1/4 of the N£ 1/4 of 5ection 12, Township ?0 South, Range 65 West of the Sixth Principol Meridian. located within the City of Puei>lo, County of Pueblo, State of Colorado. being more particularly described of fA!IOWS: 6£GINNINC ;;r the inter ;ech'on of the northerly right - of -woy line of Coronis Drive and the westeriv right - -of -woy line of lnlcrs(O(e No. 25 from which the N£ corner of Cot 3, Siock 1. 1i,91.*;ross Subdivision Third Filing according to the recorded plot thereof filed for record September 4, 1996 in Book 29.?6 at Poge 26J in the records of the Pueblo County Clerk and Recorder bears S 05'47',51'E (beorinos based 0/ the north Gne of soid Lo( 3, Block 1, f ; ;p11cross Subd/vision Third Filing rnonumentcd of each end with a No. 4 reoor With yellow plastic cap P,L.S. No. 16128 to bear N 69'59'50 ° W os estoblished on soid recorded plot) a distance of 60.41 feet; thence along said northerly ri(7ht• -of- woy line of Coronis Vriv�- the following two (2) courses, 1) N $9'59'50 "W (N 69'59'191V Plot) c distance of 334.84 feel (5J0.59 feel Plot); ?) p/ong the arc of a curve to the right having o centrel ongle of 01' 1 1 21 " and o rrd of 310,00 feet, c disionce of 6.43 feet to o point on the Cosf line of Lo" 1, Block 2, Skyv ;ew occordirg to t1 >tk recorded plot fhereof f;l9d for record Nnvernber 5, 1980 ;n Book 2049 of Poge 905 ;n the records of the Pueblo Clerk and Rerorder: thence At 33'53'46 "W ( N 09'0 .1'39'W Plot) 01609 sa;d east line ,, dislonce of 253.1.5 feet: thence S 89'59'50' v diStonce of 355.39 feet to a point on the Soid westerly nght -of -woy line of lnterslote No. 25: lhe 5 05'47'51'£ along the Soid westerly nghf -of- woy line o d ;s(ance of 2-1.40 feet to the POINT OF BEGINNINC. Soid porCE eontoins 2.00 acres. EXHIBIT B SUBDIVISION: EAGLECROSS 4TH FILING SUBDIVIDER: W.L. ENTERPRISES I I'IIII IIIII IIIII IIIIII IIIIII III IIIIIII III "III IIII IIII J. N.: 97- 147 -00 1256097 12/30/1998 11:58A AGREE Chris C. Munoz 8 of 8 R 41.00 D 0.00 Pueblo C!y Clk & Rec. ITEM QUANTITY UNITS PRICE TOTAL PAVEMENT 9 1 4" asphalt on 12" base course 1030 SY $18.40 $18,952.00 2" asphalt oveday 579 Ton $60.00 $34,740.00 Asphalt patch 33 SY $19.50 $643.50 Sub -total CONCRETE $54,335.50 Curb & gutter 375 LF $7.80 $2,925.00 Handicap ramp 220 SF $3.50 $770.00 7" reinforced concrete 258 SF $3.80 $980.40 Square pan radius 2 EA $419.00 $838.00 Sub -total SANITARY SEWER $5,513.40 Service line (80' ROW) 1 EA $765.00 $765.00 Sub -total WATER $765.00 Main Line (including valves 250 LF $29.22 $7,305.00 Service line (80' ROM 1 EA $640.00 $640.00 Sub -total ELECTRIC $7,945.00 Light Poles 2 EA $1,300.00 $2,600.00 Sub -total DRAINAGE $2,600.00 Grading 577 CY $2.00 $1,154.00 Planting & Establishing ve itaion 0.2 AC $12,000.00 $2,400.00 ' Rip-rap 21.4 CY $50.00 $1,070.00 15" Storm sewer 32 LF $27.00 $864.00 54" Storm sewer 28 LF $65.00 $1,820.00 Low flow pan 137 LF $6.40 $876.80 Type "S" Inlet 11 FT. 1 EA $3,200.00 $3,200.00 Outlet structure (4'X 4' 1 EA $3,000.00 $3,000.00 Sub -total $14,384.80 SUB -TOTAL Miscellaneous Contingencies @15% GRAND TOTAL Prepared By: Checked By: Firm: iini & Associat Inc. Reviewed By: V,IVW 1 ** Date: December 22, 1998 Date: December 22, 1998 Date: / s-- a.. ') - 9 b $85,543.70 $12,831.56 $ 98,375.26 City of Pueblo ,A _U D D O ED City of Pueblo JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT Director of Planning DATE: March 17, 1998 TO: Pueblo City Council FROM: City of Pueblo, Planning and Zoning Commission SUBJECT: CASE NO. S -98 -2- -FINAL PLAT-- EAGLECROSS SUBDIVISION, 4TH FILING NORTHWEST CORNER OF NORTH ELIZABETH STREET AND CORONIS DRIVE SYNOPSIS BACKGROUND: The applicant proposes to create a one lot subdivision for commercial development. ISSUES: A master plan must be submitted and approved prior to subdivision. Water and sanitary sewer mains are required as is an access permit from the Colorado Department of Transportation. On -site drainage detention and off -site easements are also required. RECOMMENDATION: The Commission recommends approval by a 5 -0 vote subject to approval of a master plan of the area. GENERAL INFORMATION Applicant: Mangini and Associates Owner of Property: W.L. Enterprises, LTd. Location: Northwest Corner, N. Elizabeth Street and Coronis Drive Existing Zone: A -1 /Agricultural Zone District (See Attached ZONING /LOCATION MAP) . Request: Subdivision of Property. Purpose: Commercial Development. Size: 2.0 Acres. Existing Land Use: Undeveloped Land (See Attached SITE PHOTO) . 211 E. "D ".Street;: P.O. Box 1427 . Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572 " Pueblo City Council Case No. S -98 -2 March 17, 1998 Page Two Surrounding Land Use /zoning: Applicable Regulations SPECIAL INFORMATION Public Utilities: NORTH -- Undeveloped Land /A -1 SOUTH -- Commercial Uses /B -3 EAST -- Interstate 25/S -1 WEST -- Undeveloped Land /R -5 Minimum standards for a Subdivision are contained in Section 12 -4 -7 of the City of Pueblo Code of Ordinances. -- Water: The area of the proposal is presently serviced. The proposal will have no effect on existing water pressure (97 p.s.i.). An extension of the existing 16 -inch PVC main in Elizabeth Street will be necessary if the developer is required to extend the taper and paving of CDOT. The main extension will need to extend beyond the paving (L. Huffstutter, 2/10/98). -- Sanitary Sewer: Sanitary sewers exist in the area which can adequately accommodate additional flow generated by the proposal. A sanitary sewer service line, to the existing public sanitary sewer main in Coronis Drive, will be required to serve this subdivision (R. Morgan, 2/20/98). - -Storm Sewer: There is an existing storm sewer and surface drainage in the area. On -site detention is required and off -site easements are required for drainage diversions. The preliminary drainage plan is under review (R. Morgan, 2/20/98). Transportation: Existing traffic flow is "fair." The proposal will not significantly affect traffic conditions. The applicant will need to obtain a CDOT Access Permit to determine if a driveway will be allowed to the frontage road and if a deceleration lane will be required for southbound right turning traffic at Coronis Drive. The continuing development along Elizabeth Street will add to congestion at I -25 and Eagleridge Boulevard and Elizabeth Street and Eagleridge Boulevard. Equitable contributions for traffic signals may be required at the time of subdivision (D. Centa, 2/11/98). Comprehensive Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land Use" Map depicts this area as a "commercial" use. Other: Submittal and approval of a master plan will be required before this plat can be approved since it is only part of the developer's ownership (R. Morgan, 2/20/98). Pueblo City Council Case No. S -98 -2 March 17, 1998 Page Three ANALYSIS The applicant proposes to create a one -lot subdivision for commercial development (motorcycle sales). The property is undeveloped and is located on the northwest corner of North Elizabeth and Coronis Drive. Property to the south is commercially developed with the remainder being vacant land except for Interstate -25 to the east. Staff has stated that a master plan must be submitted and approved since this property is only a part of the developer's ownership. An extension of the existing water main in North Elizabeth Street is required as is a sanitary service line to the existing public sanitary sewer in Coronis Drive. On site drainage detention and off -site easements for drainage diversions are required. The applicant will need to obtain a Colorado Department of Transportation Access Permit to determine if a driveway will be allowed to the frontage road, and if a deceleration lane will be required for southbound right turning traffic at Coronis Drive. Equitable contributions for traffic signals may be required. STAFF CONCLUSION Approval of the proposal is dependent on the applicant satisfying the development concerns expressed by staff. PUBLIC HEARING MINUTES (MARCH 11, 1998, SPECIAL MEETING) (The following testimony was heard in conjunction with Case No. Z -98 -2, Rezoning Request, A -1 to B -3). Charlie DiDimenico, Mangini & Associates, appeared before the Commission representing the applicant. He said this 4th Filing is an extension of the 3rd Filing. It is a one -lot subdivision at the northwest corner of Elizabeth and Coronis. He told the Commission this is an initial subdivision and they are working toward the final submittal. He said staff felt they needed to master plan this lot with the adjacent 10 acres. Mr. Mabie asked if entrance to the store will be from Coronis. Mr. DiDimenico said yes. Mr. Vigil asked if they had received an access permit from CDOT for Elizabeth. Mr. DiDimenico said they will obtain this if they access Elizabeth Street. No one else appeared to be heard. Chairman Mabie made the staff report a part of the record and closed the hearing. COMMISSION DECISION (MARCH 11, 1998, REGULAR MEETING) Mr. Vigil, seconded by Mr. Ring, moved to recommend approval subject to approval of a master plan and subject to obtaining an access permit from CDOT if necessary. Motion carried 5 -0 with Mr. Lytle abstaining. VPM /sw ATTACHMENTS ZONING /LOCATION MAP SITE PHOTO CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT j A -1 R -4 T R -3 A= l R -5 ! R -2 l -2 R -4 B-3 R —6 3 I R -5 ' lis 1 B-3 , �Hi -- R -2 1 . CASE: 5 - -2 EXHIBIT ZONING /LOCATION MAP LOCATION NORTH CORNER O N E L I ZABE TH STREET & COR ONIS DR REQUEST SUBDIVISION-- E.AGLECROSS 4TH FILING 0 b 6 O .0 Z� k 0 6 O� v y ON _a 0 G O �n Cc 6 ww J o 'w V � tn W b 0 c 0 a 4 l f1ii E;Fi �! 3 .� � B SZ ' °N a�oasra��� Ir t f !1 P ,. f. � � f G �� p 1a �� � t � i �j .r l f1ii E;Fi �! 3 .� � B SZ ' °N a�oasra��� f !1 P ,. f. � � f G 3 a d l �j .r l f1ii E;Fi �! 3 .� � B SZ ' °N a�oasra��� ' •�h r i !1 P ,. f. � � f G .r ' •�h r i Y� All 2c i , d r i r i IIr ; - 9 l r t S- �r Y� All 2c i , d r i r i IIr ; - 9 l r t S-