HomeMy WebLinkAbout06337Reception 1251260
12/01/1998
ORDINANCE NO. 6337
AN ORDINANCE APPROVING THE PLAT OF WILLS
COMMERCIAL PARK, FILING NO. 4 SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Wills Commercial Park, Filing No. 4 Subdivison, being a subdivision
of land legally described as:
A parcel of land in the S 1/2 of the NW 1/4 and the N' /Z of the SW 1/4 of
Section 14, Township 20 South, Range 65 West of the 6th P.M., County of
Pueblo, State of Colorado and being more particularly described as follows:
Considering the West line of said NW 1/4 of Section 14, Township 20 South,
Range 65 West of the 6th P.M. to bear N. 0 1 ° 10'00" W., and all bearings
contained herein being relative thereto.
Beginning at the Southeast corner of Lot 1, Block 3 in Wills Commercial
Park according to the recorded plat thereof, filed for record March 15, 1996;
Thence N.01 °04'43 "W., along the East line of said Wills Commercial Park,
a distance of 433.28 feet (433.27 feet, plat) to the Northeast corner of Lot
1, Block 4 in said Wills Commercial Park, being also the Southwest corner
of that tract of land conveyed by deed recorded in Book 1078 at Page 302
of the Pueblo County records; thence N.88 °55'17" E., along the South line
of said tract of land, a distance of 994.96 feet (995.21 feet, deed) to the
Southeast corner of said tract of land; thence S.01 °04'43 "E., a distance of
438.99 feet to the South subdivision boundary line extended of said Wills
Commercial Park; thence 5.89 °15'02" W., along said South boundary line
extended, a distance of 994.98 feet to the Point of Beginning, containing
9.962 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.
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
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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 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 -10 -101, 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.
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 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 or the final
subdivision plat becomes effective.
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1251260 12/01/1998 09:49A ORD Chris C. Munoz
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INTRODUCED July 13 1998
- rJ v p t
•�
City Clerk
By Rich Golenda
Councilmember
APPROVED
President o he Council
6/29/98
Reception 1231262
12/01/1998
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made on O 6 3g n., , 1 °� 8 , between the CITY OF
PUEBLO, a Municipal Corporation ( "City "), and
WILLS LAND & INVESTMENT COMPANY, L.L.C.,
a Colorado Limited Liabilitv Comoanv
( "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
WILLS COMMERCIAL PARK, FILING N O.4
( "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:
i. 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
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to complete ail 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 ('/2) 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 a lien 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.
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 12 -4 -7 (.l) 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.
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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,
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1251262 12/01/1998 09:49A AGREE Chris C. Munoz
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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,
The parties have caused this Agreement to be executed and attested by its duly authorized and
acting officer.
WILLS LAND & INVESTMENT
COMPANY, L.L.C., a Colorado
Limited Liability Company
Subdivider
(SEAL)
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
By: l�t- A
W.A. Wills_ Ir__ nnrtnPr
By:
The foregoing instrument was acknowledged before me on 0 010 SE Q- `� 1 C -) 8
b W.A. Wills. Jr.. partner of WILLS LAND & INVESTMENT COMPANY. L.L.C..
a Colorad Limited Liabilitv Comnanv
My commission 1 ca 1 1 7, iv ° z.
+ r �
r
� Q , /',
. r
, f
i�
9� PUBLIC
OF CO
Comm. Expires 07/10/2002
cit
STATE OF COLORADO )
ss.
COUNTY OF COLORADO )
, Subdivider.
Notary Public
CITY OF PUEBLO, a Municipal Corporation
By:
President the Council
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1251262 12/01/1998 09:49A AGREE Chris C. Muno:
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The foregoing instrument was acknowledged before me on LLtLmL , a. 1998 ,
by Cathy A. Garcia , as President of City Council, and
as City Clerk of the City of Pueblo, Colorado.
;•` M mmission expires: 8 -21 -99
JOY
Notary Public
(SEAL) mo o'
OF Go•
APPROVED AS TO FORM:
City Attorney
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1231262 12/01/1998 09:49A AGREE Chris C. Mui
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT A
A parcel of land in the S1/2 of the NW1 /4 and the N1 /2 of the SW1 /4 of Section 14,
Township 20 South, Range 65 West of the 6 th P.M., County of Pueblo, State of Colorado
and being more particularly described as follows:
Considering the West line of said NW1 /4 of Section 14, Township 20 South, Range 65
West of the 6 th P.M. to bear N.01 "W. and all bearings contained herein being
relative thereto.
Beginning at the Southeast corner of Lot 1, Block 3 in Wills Commercial Park, according
to the recorded plat thereof, filed for record March 15, 1996; thence N.01 "W.,
along the East line of said Wills Commercial Park, a distance of 433.28 feet (433.27
feet, plat) to the Northeast corner of Lot 1, Block 4 in said Wills Commercial Park, being
also the Southwest corner of that tract of land conveyed by deed recorded in Book
1078 at Page 302 of the Pueblo County records; thence N.88 0 55'17 "E., along the South
line of said tract of land, a distance of 994.96 feet (995.21 feet, deed) to the Southeast
corner of said tract of land; thence S.01 0 04'43 "E., a distance of 438.99 feet to the
South subdivision boundary line extended of said Wills Commercial Park; thence
S.89 0 15'02 "W., along said South boundary line extended, a distance of 994.98 feet to
the Point of Beginning.
Containing 9.962 acres.
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C.
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Muni
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WILLS COMMERCIAL PARK,
FILING NO. 4
DEVELOPER: WILLS LAND & INVESTMENT COMPANY, L.L.C.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
STREETS [ KACHINA DRIVE
Asphalt (7" full depth)
3538 SY
@
$14.80 /SY
$52,362
Curb and Gutter
1952 LF
@
$7.80 /LF
$15,226
Cross Pan
256 SF
@
$3.80 /SF
$973
Square Pan
2 EA
@
$419.00 /EA
$838
WATER
1 EA
@
$4,000.00 /EA
$4,000
12" PVC Water Main
994 LF
@
$33.28 /LF
$33,080
Fire Hydrant Ass'y.
2 EA
@
$1,800.00 /EA
$3,600
Services
10 EA
@
$480.00 /EA
$4,800
SANITARY SEWER:
8" PVC Sewer Main
989 LF
@
$22.00 /LF
$21,758
48" Manholes
3 EA
@
$1,400.00 /EA
$4,200
Services
10 EA
@
$575.00 /EA
$5,750
STORM SEWER
30" HDPE Pipe
680 LF
@
$50.00 /LF
$34,000
24" HDPE Pipe
287 LF
@
$36.00 /LF
$10,332
15" HDPE Pipe
15 LF
@
$27.00 /LF
$405
Type "S" Inlet L =16'
1 EA
@
$4,200.00 /EA
$4,200
Type "S" Inlet L =15'
1 EA
@
$4,000.00 /EA
$4,000
Type "S" Inlet L =14'
1 EA
@
$3,800.00 /EA
$3,800
Type I- B Manhole
2 EA
@
$1,600.00 /EA
$3,200
Type I- C Manhole
1 EA
@
$1,600.00 /EA
$1,600
STREET SIGNS
4 -Way Intersection
1 EA
@
$300.00 /EA
$300
Regulatory
2 EA
@
$100.00 /EA
$200
STREET LIGHTS
5 EA
@
$1,300.00 /EA
$6,500
MONUMENT BOX
2 EA
@
$575.00 /EA
$1,150
BARRICADE
1 EA
@
$800.00 /EA
$800
(TYPE III, L =16')
KACHINA DRIVE $213,074
N.
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME: WILLS COMMERCIAL PARK
FILLING NO. 4
DEVELOPER: WILLS LAND & INVESTMENT COMPANY, L.L.C.
ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC.
STREETS (HOPI DRIVE)
Asphalt (5" Full Depth) 1422 SY @ $11.00 /SY $15,642
Curb and Gutter 740 LF @ $7.80 /LF $5,772
8' cross pan 256 SF @ $3.80 /SF $973
WATER
8" PVC Water Main 445 LF @ $33.28 /LF $14,810
Water line Crossing 1 EA @ $3,000.00 /EA $3,000
SANITARY SEWER:
8" PVC Sewer Main 180 LF @ $22.00 /LF $3,960
STORM SEWER:
30" HDPE Pipe 79 LF @ $50.00 /LF $3,950
Type "S" Inlet L =8' 1 EA @ $2,600.00 /EA $2,600
BARRICADE 1 EA @ $800.00 /EA $800
(TYPE III, L =16')
HOPI DRIVE $51,506
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SUBDIVISION IMPROVEMENTS AGREEMENT
EXHIBIT "B"
SUBDIVISION NAME:
WILLS COMMERCIAL PARK
FILLING NO. 4
DEVELOPER:
ENGINEER:
CHANNEL
4' CONC. TRICKLE CHANNEL
TYPE "L" RIP RAP
EARTHWORK
WILLS LAND & INVESTMENT COMPANY, L.L.C.
NORTHSTAR ENGINEERING AND SURVEYING, INC.
836 LF @ $10.00 /LF $8,360
95 CY @ $50.00 /CY $4,750
1525 CY @ $2.00 /CY $3,050
GRAND TOTAL $280,741
This is an estimate only. Actual construction costs may vary.
This estimate may not include all construction costs.
PREPARED BY: J. GREGORY /A. HU
FIRM: NORTHSTAR ENGINEERING AND SURVEYING, INC.
REVIEWED BY: cium _
CITY OF PUEBLO
10
D E O
D °
City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: June 18, 1998
TO: Pueblo City Council
FROM: City of Pueblo, Planning and Zoning Commission
SUBJECT: CASE NO. S- 98- 6- -WILLS COMMERCIAL PARK, FILING NO. 4
EAST OF WILLS BOULEVARD AT DRIVE
SYNOPSIS
BACKGROUND: The applicant proposes to create a 10 -lot commercial
subdivision on undeveloped land.
ISSUES: The applicant has satisfied all development concerns cited by
staff.
I RECOMMENDATION: The Commission recommends approval by a 7 -0 vote.
GENERAL INFORMATION
Applicant: W.A. Wills Jr., and Lee R. Wills
Owner of Property: Wills Land and Investment Co., LLC
Location: East of Wills Boulevard at Kachina Drive
Existing Zone: B -3 /Highway and Arterial Business District, and B -4 /Regional
Business District (See Attached ZONING /LOCATION MAP).
Request: Subdivision of Property.
Purpose: Commercial Development.
Size: 9.962 Acres.
Existing Land Use: Vacant Land (See Attached SITE PHOTO).
Surrounding Land
Use /Zoning: NORTH -- Vacant Land and Auto Sales /B -4
SOUTH -- Vacant Land /B -3
EAST -- Vacant Land /B -3
WEST - -Auto Sales /B -3.
' 211 E. "D" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572
Pueblo City Council
Case No. 5 -98 -6
June 18, 1998
Page Two
Applicable
Regulations:
SPECIAL INFORMATION
Public Utilities:
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 not presently serviced. The area
can, however, be serviced with minimal effect on existing
water pressure (104 -110 p.s.i.). Main extensions will be
required within all public rights -of -way in the subdivision
(L. Huffstutter, 5/11/98).
-- Sanitary Sewer: Sanitary sewer does not exist in the area. The existing
sanitary sewer into which the area under consideration would
discharge could adequately accommodate additional flow.
Public sanitary sewer main extensions within the public
rights -of -way will be required to serve this subdivision (R.
Morgan, 5/33/98).
- -Storm Sewer: There is existing storm sewer and surface drainage in the
area. Drainage system to tie to existing facilities (R.
Morgan, 5/22/98).
Transportation: Existing traffic flow is "fair. The proposal will not
significantly affect traffic conditions. Wills Boulevard and
U.S. Highway 50 traffic signal escrow should be deposited with
City prior to the final approval (D. Centa, 5/22/98).
Comprehensive
Area Plan: The Pueblo Regional Comprehensive Development Plan's "Land
Use" Map depicts this area as a "commercial" use.
Planning: A memorandum to the Commission from the Subdivision Review
Committee dated June 3, 1998, states as follows: "This plat
was submitted in accordance with City Ordinance 6192, in which
public improvement plans and certain other required documents
have been approved by the Director of Public Works.
The plat generally meets the subdivision ordinance. There are
some minor changes that need to be made to the plat.
There are some minor changes that need to be made to the
drainage report and street plans. Negotiations are still
underway concerning the developers obligation toward the
traffic signal at Highway 50 West and Wills Boulevard.
Pueblo City Council
Case No. S -98 -6
June 18, 1998
Page Three
The Subdivision Review Committee recommends that the plat be
"conditionally" approved CONTINGENT upon all changes being
made and an agreement concerning the traffic signal being
finalized and that the plat NOT be put on City Council's
agenda until all changes have been made and approved by the
Director of Public Works."
ANALYSIS
The applicant proposes to create a 10 -lot commercial subdivision on undeveloped
land. The property lies east of Wills Boulevard at Kachina Drive, south of U.S.
Highway 50 West's commercial corridor. Six one -half acre lots lie north of Kachina
Drive and four lots slightly larger than an acre lie south of Kachina Drive. The
surrounding area consists of car sales lots to the north and west with the remainder
being undeveloped land.
Staff has stated that water main extensions will be required within all public
rights -of -way in the subdivision. Public sanitary sewer main extensions will also
be required. Staff recommends that escrow be deposited with the City for a traffic
signal at Wills_ Boulevard and U.S. Highway 50 prior to final approval. No other
significant issues have been identified with this request.
STAFF CONCLUSION
Approval of the proposal should be contingent on the applicant satisfying the
concerns cited by staff.
PUBLIC HEARING MINUTES (JUNE 10 1998, SPECIAL MEETING)
David Stravia, Northstar Engineering, appeared before the Commission representing
the applicants. He said this filing is in the approved Master Plan done in 1977.
He said it is located south and east of the new Freedom Ford agency. Mr. Stravia
said they will extend Kachina Drive to the east and Hopi Drive to the north and
south. This subdivision creates ten commercial lots. Mr. Stravia said he had
received a copy of the Subdivision Review Committee report and they are working with
the Colorado Department of Transportation for the signalization at U.S. Highway 50
West and Wills Boulevard. Mr. Thomas asked how the amount to be escrowed for the
signal lights is determined. Mr. Centa said the estimated cost for signalization is
$160,000.
They will have to pay half or $80,000 for their half. In answer to Mr. Lytle's
question, Mr. Stravia said they will be asking for release of a portion of the
drainage easement because they will be picking up the water in an underground pipe
drainage system for this subdivision.
Pueblo City Council
Case No. 5 -98 -6
June 18, 1998
Page Four
No one else appeared to speak in favor and there was no opposition. Chairman Mabie
made the staff report a part of the record and closed the hearing.
COMMISSION DECISION (JUNE 10, 1998, REGULAR MEETING)
Mr. Lytle, seconded by Mr. Verna, moved to recommend approval subject to the staff's
recommendation per the Subdivision Review Committee's memorandum dated June 4, 1998;
that money be escrowed for the signal lights at U.S. Highway 50 West and Wills
Boulevard; and the drainage easement be released. Motion carried 7 -0.
VPM /sw
ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT
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CASE S -98 -6 EXHIBIT: ZONING/LO.ATTON M AP
LOCATION E OF WILLS BL AT KACHINA DRIVE
REQUEST WILLS COMMERCIAL PARK FILING NO 4
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SUPPLEMENTAL M "P
A SUBDIVISION OF A PARCEL OF LAND IN THE 5 1/2 OF THE NW 1/4 AND THE N 1/2 OF
THE SW1 /4 OF SECTION 14, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE ON P. M.
NW CORNER
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SUBOMDED BY: WILLS LAND INVESTMENT COA/PANY, LLC L
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ENGINEERS AND NORTHSTAR ENGINEERING AND SURVEYING, INC. M
MAY 6
SURVEYORS: III E. 5TH STR£Er
PUEBLO, COLORADO
ANY 6, 1998 '
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ENGINEERING ANL_ VEYI NG,
111 E. 5th Street C (719) 544 -6823
Pueblo, Colorado 81003 (719) 544 -6825 Fax
David M. Stravia, P.L.S. Kim K. Kock, PE,
JN 9404508
May 5, 1998
City Council of the City of Pueblo, Colorado
Pueblo, Colorado
c/o City of Pueblo
Department of Zoning
211 E. D Street
Pueblo, Colorado
Attention: Mr. Carl Olson
Subject: Wills Commercial Park Filing No. 4
Existing Drainage Easement
Dear Mr. Olson
Per our clients request we are requesting the release of a portion of an existing Drainage Easement. The
portion we are asking for a release of is through the proposed Wills Commercial Park Filing No. 4.
The existing Drainage Easement was recorded in Book 1926, at Pages 213 and 214 of the Pueblo County
Records and City Councils Resolution No. 6001.
The Proposed Wills Commercial Park Filing No. 4 Subdivision will allow the drainage as reserved within
the existing Drainage Easement to be carried in Kachina Drive within a Storm Drain Pipe system. Kachina
Drive will be located as shown on the attached sketch and will be overlaid on the existing Drainage
Easement.
Thank you for your consideration with this matter.
JW 4# kp
David M. Stravia PLS
President
Attached: Easement Exhibit
Copy of the Resolution
Copy of the Legal Document
Exhibit A- Release of Easement Description
1
EXHIBIT A
DESCRIPTION FOR RELEASE OF EASEMENT
All that portion of a drainage easement, being 20 feet in width, as conveyed by deed
recorded in Book 1926 at Pages 213 and 214 of the Pueblo County records, lying West of
the East Line of Wills Commercial Park Filing No. 4 and East of the West Line of Wills
Commercial Park Filing No. 4, according to the recorded plat thereof.
Prepared by: NorthStar Engineering and Surveying Inc.
111 E. 5 th Street
Pueblo, CO. 81003
May 5, 1998
JN 9404508
daY 6
I
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: S -98 -6 WILLS COMMERCIAL PARK FILING No. 4 SUB.
DATE: June 3, 1998
This plat was submitted in accordance with City Ordinance 6192, in which public improvement
plans and certain other required documents have not been provided for review. If the plat is
"conditionally" approved by City Council, the recording of the plat will not take place until the
final improvement plans, offsite easements, covenants and subdivision improvement
agreement are submitted and approved by the Director of Public Works. All plans must be
submitted and approved by the Director of Public Works within one (1) year of the date of
conditional approval by City Council. No building permits will be issued for any structure or
building within the subdivision until all required documents have been approved by the Director
of Public Works.
The plat generally meets the subdivision ordinance. There are some minor changes that need
to be made to the plat.
There are some minor changes that need to be made to the drainage report and street plans.
Negotiations are still underway concerning the developer's obligation toward the traffic signal
at Hwy 50W and Wills Blvd.
The Subdivision Review Committee recommends that the plat be "conditionally" approved
CONTINGENT upon all changes being made and an agreement concerning the traffic signal
being finalized and that the plat NOT be put on City Council's agenda until all changes have
been made and approved by the Director of Public Works.
xc: NorthStar Engineering & Surveying, Inc.
111 East 5th St.
Pueblo, CO 81002
Wills Land & Investment Co., LLC
2 North Cascade, Suite 711
Colorado Springs, CO 80903