HomeMy WebLinkAbout06398Reception 1283320
06/09/1999
ORDINANCE NO. 6398
AN ORDINANCE APPROVING THE PLAT OF BIG "O" TIRES
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of Big "O" Tires Subdivision, being a subdivision of land legally
described as:
Lot 2, Block 1, North Pueblo Commercial Park Filing No. 2, County of
Pueblo, State of Colorado, said parcel contains 1.92 acres more or less,
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
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.
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1283320 06/09/1999 08:15A ORD Chris C. Munoz
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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.
INTRODUCED February 8, 1999
ssx�oe cat a" , By Robert Schilling
Co cilmember
e APPROVED L
r sident of the Council
ATTEST?
1•
City Clerk
1/29/99
Reception 1283322
06/09/1999
SUBDIVISION IN[PROVEMENTS AGREEMENT
THIS AGREEMENT is made on Z 9�I ,between the CITY OF
PUEBLO aMunicipal Corporation ( "City "), and ?SIG O DEVELOPMENT, INC.,
A COLORADO CORPORATION
( "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
Big "0" Tires Subdivision
( "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
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2 of
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.
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1283322 06/09/1999 08:15A SUB AG Chris C. Munoz
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7. As a condition of approval of this Subdivision, and to meet the requirements of
Section 124-7 (.1) 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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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.
(SEAL)
STATE OF COLORADO )
t�, C I vt ) ss.
COUNTY OF -RJW
BIG O DEVELOPMENT, INC.
Subdivider
By:
— F ORMAN C. D�1H CE PRESIDENT
The foregoing instrument was acknowledged before me on ,
by i1 a ; .�. ar. 0. f� >n l
My commission expires:
, Subdivider.
c" "L,
--� �, f Notary Public
C PUEBL Municipal Corporation
B l
President of the Council
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T:
N
y er 1
r `!'ATE `OF ' 0&1 ORADO
)
o
ss.
�ICOUf4T- "OF COLORADO
)
, Subdivider.
c" "L,
--� �, f Notary Public
C PUEBL Municipal Corporation
B l
President of the Council
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62of382R0410001D 0.00 C1k1 Munoz
8 Ree
The foregoing instrument was acknowledged before me on June 19p ,
by ( - ' Dr r I n.•e. {li ne- We r , as President of City Council, and
Gina Dutcher as City Clerk of the City of Pueblo, Colorado.
`•'.'l�!iy'commission expires: 8 -21 -99
ofi C
APPROVED AS TO FORM:
City Attorne
ary Public
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Exhibit A
Lot 2, Block 1, NORTH PUEBLO CONRvIERCIAL PARK, Filing No. 2, County of
Pueblo, State of Colorado
EXHIBIT B
Subdivision: BIG "O" TIRES SUBDIVISION
Subdivider: Big "O" Tires Development, Inc.
Job Number: 98- 035 -01
ITEM
QUANTITY
UNITS
PRICE
TOTAL
PAVEMENT
A sphalt Patch
5.5
TONS
$35.00
$192.50
Sub -total
SANITARY SEWER
$192.50
Service line 80' ROW
1
EA
$1,000.00
$1,000.00
Sub -total
WATER
$1,000.00
Service line 80' ROW
1
EA
$640.00
$640.00
S ub-total
$640.00
SUB -TOTAL
Miscellaneous Contingencies @15%
GRAND TOTAL
Prepared By: rep
Checked By: jfc
Firm: Maxq4u a 4ddoc 2, , Aw
Reviewed By:,t,�jtitC
City of Pueblo
$1,832.50
$274.88
$ 2,107.38
Date: May 7, 1999
Date: May 7, 1999
Date: L - 7- 1
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1283322 06/09/1999 08:15A SUB AG Chris C. Munoz
8 of 8 R 41.00 0 0.00 Pueblo C!y Clk & Rec.
c�1
ED
City of Pueblo
JAMES F. MUNCH DEPARTMENT OF PLANNING AND DEVELOPMENT
Director of Planning
DATE: January 25, 1999
TO: Pueblo City Council
FROM: City of Pueblo, Planning and Zoning Commission
SUBJECT: CASE NO. S- 98- 27 - -BIG "O" TIRES SUBDIVISION
SOUTHWEST CORNER, EAGLERIDGE BOULEVARD AND I -25
SYNOPSIS
BACKGROUND: The applicant proposes to create a two -lot commercial
subdivision on undeveloped land.
ISSUES: The applicant has satisfied all development concerns cited by
staff.
CONCLUSION: The Commission recommends approval by a 7 -0 vote.
GENERAL INFORMATION
Applicant: Big "0" Tires
Owner of Property: John Christian
Location: Southeast Corner, Eagleridge Boulevard and I -25
Size: 1.86 Acres
Existing Zone: B -3 /Highway and Arterial Business District (See Attached
ZONING /LOCATION MAP)
Request: Subdivision of Property
Purpose: Commercial Development
Existing Land Use: Undeveloped Land (See Attached SITE PHOTO)
211 E. T" Street, P.O. Box 1427 Pueblo, Colorado 81002 -1427 (719) 543 -6006 Fax (719) 543 -0572
Pueblo City Council
Case No. S -98 -27
December 28, 1998
Page Two
Surrounding Land
Use /Zoning: NORTH -- Commercial Uses /B -3
SOUTH -- Commercial Uses /B -3
EAST -- Commercial /B -3
WEST -- Interstate 25/S -1
Applicable
Regulations: Minimum standards for a Subdivision are contained in Section
12 -4 -7 of the City of Pueblo's, Code of Ordinances.
SPECIAL INFORMATION
Public Utilities:
-- Water: A portion of the area is presently serviced. Lot 2 cannot be
served as shown on the plat. There is no frontage to a public
right -of -way or a water main (L. Huffstutter, 12/8/98).
-- Sanitary Sewer:
Sanitary sewer exists in the area which can adequately
accommodate additional flow. Private sanitary sewer easements
are needed (L. Huffstutter, 12/16/98).
- -Storm Sewer:
There is existing storm sewer and surface drainage in the
area. There are storm sewer and drainage plans for the area
(R. Morgan, 12/16/98).
Transportation:
Existing traffic flow is "congested." The proposal will not
significantly affect traffic conditions. Eagleridge Boulevard
is required to be widened adjacent to this subdivision.
Additional right -of -way will be required. The Sam's Club
driveway will be restricted to right -in /right -out (D. Centa,
12/15/98).
Comprehensive
Area Plan:
The Pueblo Regional Comprehensive Development Plan's "Land
Use" Map depicts this area as a "commercial" land use.
Planning:
A memorandum to the Commission from the Subdivision Review
Committee dated January 11, 1999, states as follows:
"This plat was submitted in accordance City Ordinance No.
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, off -site 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.
Pueblo City Council
Case No. S -98 -27
December 28, 1998
Page Three
The plat generally meets the subdivision ordinance. There are
a few changes that need to be made to the plat. Lot 2 needs
to be made a flag lot so it has frontage to a public way.
Additional right -of -way needs to be dedicated along Eagleridge
Boulevard to accommodate a deceleration /right turn lane.
It is the Transportation Department's recommendation that a
fee be collected, per trip generated by this site, for
improvements to Eagleridge Boulevard. The fee schedule used
for North Pueblo Commercial Park 3rd, 4th, and 5th Filings has
been $12.37 per daily vehicle trip.
The Subdivision Review Committee recommends that the plat be
"conditionally" approved CONTINGENT upon the above mentioned
changes being made 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 two -lot commercial subdivision on undeveloped
land. The property is located at the southeast corner of the intersection of I -25
and Eagleridge Boulevard in the Eagleridge shopping center. The surrounding area is
commercially developed. The property consists of Lot 2, Block 1 of the North Pueblo
Commercial Park Filing No. 2. The subdivision would create two lots, Lot 1 would
contain 1.33 acres, and Lot 2 would contain 0.53 acres.
Staff has stated that additional right -of -way will be required for widening of
Eagleridge Boulevard. Also, Lot 2 cannot be served as shown on the plat because
there is no frontage to a public right -of -way or a water main. Additional sanitary
sewer easements are required.
CONCLUSION
Approval of the proposal is contingent on the applicant satisfying the development
concerns cited by staff.
PUBLIC HEARING MINUTES (JANUARY 13, 1999, SPECIAL MEETING)
Rocky Mangini, Mangini and Associates, appeared before the Commission representing
Big 11 0" Tires. He said they were subdividing one lot into two. The property is
zoned B -3. Big 11 0" Tires will build on one lot with the second lot to be developed
later. Mr. Mangini indicated that their firm is still resolving transportation
impact numbers with the Department of Transportation. Mr. Centa indicated that they
will treat this subdivision in the same manner as other subdivisions have been
treated.
Pueblo City Council
Case No. 5 -98 -27
January 25, 1999
Page Four
Mr. Lytle referred to the Subdivision Review Committee memorandum in which they
requested additional rights -of -way for a right turn deceleration lane at the
Sam's /Big 11 0" entrance. In addition, the memo specifies "Fair Share Fee" from
transportation improvements along Eagleridge Boulevard as alluded to by Mr. Mangini
and Mr. Centa in their testimony.
No one else appeared to be heard on this item. Chairman Lytle made the staff report
a part of the record and closed the hearing.
COMMISSION DECISION (JANUARY 13, 1999, REGULAR MEETING)
Mr. Salas, seconded by Mr. Thomas, moved to recommend approval subject to staff's
concerns being satisfied per the Subdivision Review Committee's memorandum dated
January 11, 1999. Motion carried 7 -0.
VPM /sw
ATTACHMENTS ZONING /LOCATION MAP
SITE PHOTO
CITY OF PUEBLO DEPARTMENT OF PLANNING & DEVELOPMENT
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CASE 5 -98 -27 EXHIBIT ZONING /LOCATION MAP
LOCATION SW CORNER EAGLERIDGE BOULEVARD & I -25
REQUEST• BIG "O" SUBDIVISION
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Mangini & Associates Inc.
631 Lake Avenue
Pueblo, Colorado 81004
(719) 544 -0865
(719) 544 -0876 Fax
December 1, 1998
City of Pueblo
211 E. "D" Street
Pueblo, CO 81003
187S. Purcell Boulevard
Pueblo West, Colorado 81007
(719) 547 -4099
(719) 547 -4223 Fax
RE: SUPPLEMENTAL AND SUBDIVISION PLAT FOR BIG "0" TIRES
SUBDIVISION.
To Whom it May Concern:
Enclosed for your review is the Supplemental Map and Subdivision Plat
for Big "O" Tires Subdivision. The parcel contains approximately 1.91
acres and will be subdivided into two (2) lots containing approximately
1.33 acres and 0.53 acres with 0.05 acres to be dedicated for right -of-
way. The area is zoned B -3 and there are currently no structures on the
property.
Should you have any questions regarding this Subdivision, please feel
free to contact me.
Sincerely,
Dominga S. Jimenez - Garcia
MANGINI AND ASSOCIATES, INC.
Professional Engineers & Land Surveyors
MEMORANDUM
TO: Planning and Zoning Commission
FROM: Subdivision Review Committee
SUBJECT: S -98 -27 BIG "O" TIRES SUB.
DATE: January 11, 1999
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.
The plat generally meets the subdivision ordinance. There are a few changes that need to made
to the plat. Lot 2 needs to be made a flag lot so it has frontage to a public way. Additional right-
of -way needs to be dedicated along Eagleridge Blvd. to accommodate a deceleration /right turn
lane.
It is the Transportation Department's recommendation that a fee be collected, per trip generated
by this site, for improvements to Eagleridge Blvd. The fee schedule used for North Pueblo
Commercial Park Filing No. 3'd 4th and 5t Filings has been $12.37 per daily vehicle trip.
The Subdivision Review Committee recommends that the plat be "conditionally" approved
CONTINGENT upon the above mentioned changes being made 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: John Christian
11755 E. Peakview Ave., Suite A
Englewood, CO 80111
Mangini & Assoc.
631 Lake Ave.
Pueblo, CO 81004