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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 1 IN 251260 12/01/1998 09:49A ORD Chris C. Muno 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk & Roc. 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. 1111111111111111111111 111111111 1111111111111111111111 IN 1251260 12/01/1998 09:49A ORD Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Roc. 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 DPW 2/18/98 111111111111111111111111111111111111111111111111111 III 1251262 12/01/1998 09 %49A AGREE Chris C. Munoz 2 of 30 R 51.00 D 0.00 Pueblo Ct.y Cik 8 Ree. 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. DPW 2/18/98 2 1251262 12/01/1998 09:49A AGREE Chris C. Munoz 3 of 10 R 51.00 D 0.00 Pueblo Cty Clk & Rec. 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. DPW 2/18/98 1111111111111111111111111111111111111111111111111111111 IN 1251262 12/01/1998 09:49A AGREE Chris C. Muno: 4 of 10 R 51.00 0 0.00 Pueblo Cty Clk & Roo. 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 1 IN 1251262 12/01/1998 09:49A AGREE Chris C. Munoz 5 of 10 R 51.00 D 0.00 Pueblo Cty Clk & Ree. 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 DPW 2/18198 5 1111111 IIIII 1111111111111111111 IIIIIIII iii 111111111 IN 1251262 12/01/1998 09:49A AGREE Chris C. Muno: 6 of 10 R 51.00 0 0.00 Pueblo C!y Clk 8 Roe. 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 DPW 2/18/98 6 I 1111111111111111111111111111111111111111111111111111111111111111111111 IN 1111 1231262 12/01/1998 09:49A AGREE Chris C. Mui 7 of 10 R 31.00 0 0.00 Pueblo C!y Clk & Rec. 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. 7 1 111111 111111111111111 1251262 1111111 11 IIIIIIII iii 111111111 12/01/1998 09:49A AGREE Chris C. 1111 Muni 8 of 10 R 51.00 D 0.00 Pueblo Cty Clk 8 Roe. 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. 1 111111 IIIII 1111111111111111111 IIIIIIII iii 11111 1111 1111 1251262 12/01/1998 09:49A AGREE Chris C. Munoz 9 of 10 R 51.00 D 0.00 Pueblo Cty Clk & Roe. 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 9 1251262 12/01/1998 09:49A AGREE Chris C. Munoz 10 of 10 R 51.00 D 0.00 Pueblo Cty Clk 8 Rec. 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 { �I L I.2 UN 4 { > O a. oa S -1 ¢ i 4 u R -2�\ - g -4 ' 1R(\� R -2 1 � _Or 1 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 BBB1 B 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 TSW SECTION 14 R.65W. 1 F ML 6M O. M. 11 1 U 1 1 1 1 ! pf B -3 ! V talcxCUL PAW �7f g_4 I I 1�� n I — i i ( � u , B B -3 m i I I.I 2053 B � 1 , v 104 la ' T _ , ., , ( . ` J 7 7 I I _ � • — / OKtd FY 1 — ` ` ` 11 • ` I yIF! it V1LI.^ CMf PAW 1 1 ' \ \` B-3 \ ♦ ' ' \ \' \' \'` ♦L♦ r r ♦' �f I� r `. Lor 2 '1 \ \ � ; B cdr 1 c cdT 2 \ ♦ ♦`. I'y L� dOO.SQi'� --- ---- -- - - -- -- - I ♦` B ` ♦ �[OMr40 S b �� i i i ♦ ♦� � � ` LEGEND R -2 t tp^A • B BASS OF BE.." WEST L+[ OF THE MV 1/4 OF SECnON 14. 0 - R+ as rw M 1+1 T .. R 63 W. Cr TIE 011 P. • � va M; y1 B BCNCNYAA)C ' T. C. K EAST [MD A SO AST 0" 0" RETVRN -t O LL �+r •.""� •"• Q u0.MM'M DRK BY CF OF PV CK K) ADK. 1C1 • ._ • �R Q•VM AIe Aaw�.a -W- � 0. •AY •I,a1 • _�RF�1It -,�- � 0. 1•sAwy 10.w 4K � oc B -3 •a....1 b... ♦ ♦ - -'� pe b 0 T Yf •/bY�b, ti YOOMO ML ' ' . SUBOMDED BY: WILLS LAND INVESTMENT COA/PANY, LLC L L 1 ENGINEERS AND NORTHSTAR ENGINEERING AND SURVEYING, INC. M MAY 6 SURVEYORS: III E. 5TH STR£Er PUEBLO, COLORADO ANY 6, 1998 ' ' P PREPARED UNJOER THE DIRECT SUPERVISION OF R LAND AI. STRAVK PROFrSSlagAL LAID SURVEYOR P A R E D �lNllY AlAP NOT TO BV-Lt FJ O (2TH ST // \ \ 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