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HomeMy WebLinkAbout07054Receptionn 1550997 02/12/2004 ORDINANCE NO. 7054 AN ORDINANCE APPROVING THE PLAT OF ZION SUBDIVISION, FILING NO. 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of Zion, Filing No. 1, being a subdivision of land legally described as: Parcel A: All of Lot 2, Block 1 in Crum Subdivision, Third Filing, according to the recorded plat thereof, filed for record October 10, 1979. AND Parcel B: All of Lot 3, Block 1 in Crum Subdivision, Third Filing, according to the recorded plat thereof, filed for record October 10, 1979. AND Parcel C: Parcel "B" of Lot Line Rearrangement of Lots 4 and 5, Block 1, Crum Subdivision, Third Filing, recorded July 7, 1988 in Book 2404 of Page 368, Instrument No. 866696 as follows: That portion of Lot 4 more particularly described as: Commencing at the Southwest corner of Lot 5, Block 1, Crum Subdivision, Third Filing, according to the recorded plat thereof; Thence S88 0 43'59 "E a distance of 165.00 feet (P.M) to the Point of Beginning S88 1 43'59 "E., a distance of 107.74 feet (P) 107.64 feet (M). Thence N00 1 05'02 "E a distance of 180.00 feet (P.M) Thence S88 °43'59 "E (P) S88 1 47'05 "E (M) a distance of 135.90 feet (P) 135.98 feet (M), Thence N00 1 03'09 "E a distance of 285.14 feet (P) 285.30 feet (M), Thence N88 °44'59" W a distance of 243.46 feet (M), thence S00 0 05'02 "E a distance of 465.13 feet (M) to the Point of Beginning. AND Parcel D: The North 165 feet of a certain parcel of land situated in the SE' /. of the NE' /. of Section 9, Township 21 South of range 65 West of the 6 th P.M., more particularly described as follows: Beginning at a point 660 feet North of the East one — quarter corner of said Section 9; Thence Westerly and parallel to the East —West center line of said Section 9, a distance of 660 feet to a point; Thence North and parallel to the East line of said Section 9, a distance of 660 feet to a point; Thence East and parallel to the East -West center line of said Section 9, a distance of 660 feet to a point in the East line of said Section 9; Thence South along the said East line of said Section 9, a distance of 660 feet to the Point of Beginning. Containing 6.874 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 open spaces have been constructed and installed in compliance and in accordance with the requirements and provisions of Chapter 4, Title XII of the Pueblo Municipal Code, as amended and any agreement entered into pursuant thereto. SECTION 3. Neither the adoption of this ordinance nor the requirements imposed hereby shall create any duty or obligation of any person, firm, corporation or other entity with regard to the enforcement 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 requirements of the City with such modifications, if any, approved by City Council, have been filed with and approved by the Director of Public Works, and (b) the final subdivision plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such filings and approvals have been deferred pursuant to Section 12-4 -5 (B) (2) of the Pueblo Municipal Code, and are not for any reason filed and approved within one (1) year after final passage of this Ordinance, or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the Subdivider. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. INTRODUCED: September 8, 2003 COU APPROVED: PRES ATTESTED BY:ti TY CLERK OF CITY COUNCIL PASSED AND APPROVED: September 22, 2003 �Iliw�uuuli II>MU Background Paper for Proposed ORDINANCE ��. o /ms4 AGENDA ITEM # DATE: SEPTEMBER 8, 2003 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATOR/GLYNIS A. JORDAN, AICP TITLE AN ORDINANCE APPROVING THE PLAT OF ZION SUBDIVISION, FILING NO. 1 ISSUE Shall City Council approve a request to subdivide this property in order to expand the existing church and to create commercial lots? RECOMMENDATION The Planning Commission voted unanimously (6 -0) to recommend approval. BACKGROUND The applicant is proposing to subdivide the existing parcels into four parcels totaling 6.87 acres, in order to expand the existing church and to create buildable vacant commercial lots. All of the conditions of approval have been addressed to the satisfaction of the Public Works Director. This application is concurrent with Rezoning Z- 03 -14, which was also approved unanimously. FINANCIAL IMPACT None SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT is made on K a IS , 200 , between the CITY OF PUEBLO, a Municipal Corporation ( "City"), an Vaughn D. Graham, Bishop, Church of Christ Southwest Pueblo, a Religious Corporation, Tam Walsky Bean, Trustee, The Tax Credit Trust under The Will of Herman Walsky, ( "Subdivider " ). and Barry Martin, an Indvidual 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 ZION, FILING NO. 1 ( "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 to complete all Required Public Improvements by Subdivider or subsequent owner expires. Such deposit or escrow agreement shall be referred to as the "deposit ". Yl N �mm � 0 CD ° m m . Y .^ I " N� Y / Im If m m �o � o � o o: Y V � U O B � a � N O � t U DPW 101 10/21/98 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 (1/2) 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 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 recent 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. 7. As a condition of approval of this Subdivision, and to meet the requirements of Section 12- 4 -7(J) of the 1971 Code of Ordinances, Subdivider specifically agrees that no certificate of occupancy shall be issued by the Pueblo Regional Building V! N cr) �� N N � YY JJ IM dam m G O= W t a m - U � m V T � V O m •� N 0 E r U DPW 101 2 10/21/98 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 the 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 the 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 compete 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 Required Public Improvements. 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 V! N � omm IL] � Sao m m � a � o m � N - U � m O: V � U a � a � n � N O C - U N - L r DPW 101 3 10/21/98 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 facilities, stormwater detention facilities, or maintenance and 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 therefore 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 therefore including an administrative charge of 15% from the owners of the land within the Subdivision. All such City's costs and administrative charges 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 attorney's fees. 14. The parties agree this Agreement may be periodically amended by mutual consent provided such amendment is in writing and 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, 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. �a7 M y7 N O] 00 me Y / to a a-1 a s N m m a � IX m - N � m V � U O 0 a N O - V b = L L V DPW 101 4 10/21/98 The parties have caused this Agreement to be executed and attested by its duly authorized acting officer. Q Q G, OTAq•;�F ;'•� } "� •• 9N Church of Christ Southwest Pueblo, 2 a Religious Corporation Sib rider d' A OF co P By : Vau n D. Gr a h am, Bishop My Com tsion Fxims tolmE007 n The foregoing instrument was acknowledged before me on O� , by Vaughn D. Graham. Bishop of Church of Christ so st ,Subdivider. Pueblo, a Religious Corporation My commission expires: 101/ 7 /0 - 7 Notary Public The Tax Credit Trust under The Will of Herman Walskv Subdivides (SEAL) B Cl� By: Tam Walsky Bean, Trust T he foregoin, instrument was acknowledged before me o u D by Sam Walskv Bean Trustee, The Tax C redit Trust n er Subdivider. The Will of Herman Walsky ```` ��6(aRIN j94' j expires: YI O q .gr q � r Notary Public Barry Martin. an Individual S (SEAL) $ By: ar artin, an I dividual t a e r Z / R •• .�b1� o � going instrument was acknowledged before me o �Q'•PyJ " �-� $arry Martin. an Tridividual , Subdivider. MO, ` ' d0ftV1y c4mAssion expires: 10- 0E- 07 pU6� - '� �' •. Notary Public f s OF G O v 0Q' 1550999 Page: 5 of 9 I IIIIII VIII IIIIII VIII IIIIII VIII VIII III Hill 1 02/12/2004 02:311 ChrisC.Munoz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00 DPW 101 5 10/21/93 CITY OF PUEBLO, a ATTEST: of City Council City Cle STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this � day of February 2004 by Randy Thurston as President of City Council, and Gina Dutcher as City Clerk of the City of Pueblo, Colorado. y hand and official seal. ssion expires: 08 -21-2007 Notary /) P- Public 1Li71Li);7 "Tp City Attorney IIIIIIIIIIIIIIIIIIIIIIIIII 1550 : 6 Of 9 1F C iri I -Mun I PuebloctY D AG R 46.00 D 0.00 ChrisC.Munoz PuebloCtyClk &Rec SUB DPW 101 10/21/98 EXHIBIT A All of Lot 2, Block 1 in Crum Subdivision, Third Filing, according to the recorded plat thereof, filed for record October 10, 1979, All of Lot 3, Block 1 in Crum Subdivision, Third Filing, according to the recorded plat thereof, filed for record October 10, 1979, 00 Parcel "B" of Lot Line Rearrangement of Lots 4 and 5, Block 1, Crum Subdivision, Third Filing, recorded July 7, 1988 in Book 2404 at Page 365, Instrument No. 566696 as follows: That portion of Lot 4 more particularly described as follows: Commencing at the Southwest corner of Lot 5, Block 1, Crum Subdivision, Third Filing, according to the recorded plat thereof; Thence SSS °43'59 "E a distance of 165.00 feet (P,M) to the point of Beginning Thence S88 °43'59 "E, a distance of 107.74 feet (P) 107.64 feet (M), Thence N00 °05'02 "E a distance of 180.00 feet (P,M) Thence S88 0 43'59 "E (P) S88 °47'05 "E (M) a distance of 135.90 feet (P) 135.98 feet (M), Thence 00 °03'09 "E a distance of 285.14 feet (P) 255.30 feet (M), Thence N88 °4=1'59 "W a distance of 243.46 feet (M), Thence S00 °05'02 "E a distance of 465.13 feet (M) to the Point of Beginning. EMIR] The North 165 feet of a certain parcel of land situated in the SE 'V4 of the N/E 'i4 of Section 9, Township 21 South of Range 65 Nest of the 6 th P.M., more particularly described as follows: Beginning at a point 660 feet North of the East one - quarter corner of said Section 9; Thence Westerly and parallel to the East -West center line of said Section 9, a distance of 660 feet to a point; Thence North and parallel to the East line of said Section 9, a distance of 660 feet to a point; Thence East and parallel to the East -West center line of Section 9, a distance of 660 feet to a point in the East line of said Section 9; Thence South along the said East line of said Section 9, a distance of 660 feet to the Point of Beginning, Containing 6.874 acres. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 550999 Page: 31F ChrisC.Munoz Pueb1oCtYC1k &Reo SUBD AG R 46.00 D 0.00 SUBDIVISION IMPROVEMENTS AGREEMENT EXHIBIT "B" SUBDIVISION NAME: ZION, FILING NO. 1 DEVELOPER: CHURCH OF CHRIST SOUTHWEST PUEBLO ENGINEER: NORTHSTAR ENGINEERING AND SURVEYING, INC. PAVEMENT 1" ASPHALT OVERLAY 890 SY @ $9.50 /SY = $8,455 WATER SERVICE 3 EA @ $500.00 /LF = $1,500 SANITARY SEWER SERVICE 3 EA @ $800.00 /LF $2,400 DETENTION FACILITIES DETENTION BASIN GRADING 0.8 AC @ $16,000.00 /AC = $12,800 HEADWALL W /ORIFICE PLATE 2 LF @ $500.00 /EA = $1,000 12" OUTFALL STORM SEWER 204 LF @ $24.00 /LF = $4,896 18" OUTFALL STORM SEWER 45 LF $36.00 /LF = $1,620 TYPE 1B MANHOLE 1 EA @ $2,000.00 /EA = $2,000 4' LOW FLOW PAN 990 SF @ $2.50 /SF $2,475 DRAINAGE SWALES 1 LS @ $300.00 /LS $300 STORM SEWER 18" STORM SEWER 69 LF @ $36.00 /LF = $2,484 TYPE 13 INLET 3 EA @ $1,200.00 /EA = $3,600 ELECTRICAL INSTALL ONSITE OHP UNDERGROUND 1 LS @ $7,750.00 /LS = $7,750 INSTALL OHP UNDERGROUND ACROSS PUEBLO BLVD. 1 LS @ $16,256.00 /LS = $16,256 TOTAL $67,536 This is an estimate only. Actual construction costs may vary. PREPARED BY: MSW FIRM: NORT�A GIF,f�U NEERING QN9 S RVEYING, INC. REVIEWED BY: �(�/(( (vs)� — Z /t/ CITY OF PUEBLO The undersigned hereby certifies that (i) the quantities of construction elements shown hereon accurately depicts the quantities necessary to construct the Required Public Improvements and (ii) the unit prices shown hereon are the most current unit price provided by the City of Pueblo. Professional Engineer Da e 1550999 1 111111 Page: 8 of 9 VIII 11111111111111111111111111111111 VIII 1111 1111 31E ChrisC.Muncz Pueb1oCtyC1k &Rec SUBD AG R 46.00 D 0.00 ADDENDUM TO SUBDIVISION IMPROVENTS AGREEMENT (GENERAL) This Addendum shall be incorporated in and become a part of the A a K v a r 15 2v0 Subdivision Improvement Agreement for the ZION. FILING NO. 1 (herein the "Subdivision ") and enforceable as provided in said Subdivision Improvements Agreement. #1. The developer shall submit a development plan to CDOT prior to issuance of a building permit for any of the proposed lots to determine if an access permit will be required. #2. The covenants of this Addendum shall run with the land within the Subdivision and shall extend to, be binding upon, and inure to the benefit of the City of Pueblo and Subdivider and their respective heirs, personal representatives, successors, and assigns. This addendum may be specifically enforced against the Subdivider and subsequent owners of lots with in the Subdivision. Executed at Pueblo, Colorado as of the date and year stated above. SUBDIVIDER: Church of Christ Southwest Pueblo, a Reftiow Corvoration By: -- Name Vaughn D. Graham Title: Bishop SUBDIVIDER: The Tax Credit Trust under The Will of Herman Walskv By'; `� Name: Tam Walskv Bean Title: Trustee SUBDIVIDER: PUEBLO MUNICII'AL CORPORATION Barr M nn Individual By: G By. Name: Barry Martin Title: an Individual DPW 102 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 50999 12/03/98 15 ChrisC.Munoz Pue61oCt II IIIIIIII IIIIIIII 02 /12/2004 02: YC1k &Reo D 0.00 SUED AG R 46.00 31F S-03-11 PLANNING AND ZONING COMMISSION MEETING MINUTES (AUGUST 13, 2003) REGULAR AND SPECIAL MEETING Zion, Filing No. 1 -Final Plat - N. of Glenroyal Drive & W. of Pueblo Blvd. ( Northstar Engineering). Rezoning Request: Zion, Filing No. 1 1635 S. Pueblo Blvd. R -5 and B -3 to R -5 ( Northstar Engineering). Mr. Thurston, seconded by Mr. Johnson, moved to combine the hearings on agenda items I and 2 as they pertain to the same property. Motion carried 6 -0 -0. Mr. Beyer, representative for the Subdivision Review Committee (SRC), presented the staff report. He stated that the applicant still has to make minor corrections to the subdivision plat prior to the application being forwarded to City Council. He added that the applicant plans to include the power line being placed underground in Exhibit B of the Part 2 submittal. Dave Stravia, Northstar Engineering, appeared representing the Southwest Church of Christ. He stated that he has agreed to staffs' recommendations. He clarified that the rezoning request is for Lot 1, Block 1 as an R -5 zone district and Lots 2, 3 and 4 are to remain a B -3 zone district. Mr. Beyer stated that he received a letter requesting that the overhead power issue be included as an addendum to the Subdivision Improvement Agreement. The SRC prefers that it be included in Exhibit B. Mr. Stravia stated that the applicant does not have a problem with putting the service line underground, however the question would be when it would have to be done. The Church would like to do it when they draw a building permit for construction of any part of the church property, rather than building permits for the other lots. Mr. Beyer clarified that as the SIA reads, it is triggered by a building permit. Ms. Jordan stated that SRC did discuss this particular consequence of putting the utilities under ground, trying to figure the best/worst case timing scenario. The SRC agreed that it should be triggered whenever the first building permit is pulled for any lot within this subdivision. Chairman Lytle clarified that this project hasn't been submitted as a phased subdivision. If this is a phased subdivision, the City runs the risk that they may never go underground because of the church never pulling the building permit that triggers this process. Mr. Stravia acknowledged the consensus of the SRC, staff and the Commission, and added "We thought we would ask ". No one else appeared. Chairman Lytle made the staff report a part of the record and closed the hearing. Zion, Filing No. 1 -Final Plat - N. of Glenroyal Drive & W. of Pueblo Blvd. (Northstar Engineering). Mr. Johnson, seconded by Mr. Thomas, moved to recommend approval of the plat with the condition that all deficiencies identified in the staff memorandums listed below be addressed to the satisfaction of the Director of Public Works before being placed on the City Council agenda. The motion included the concurrent approval of the rezoning, Case Z- 03 -14: 1). Memorandum from Joe Martellaro dated June 12, 2003; SUBDIVISION PLAT: 1). Show all boundary dimensions and bearings; 2). Show the platted and measured distance along the south boundary line; 3). Show location, type and width of existing easements with recording information that were dedicated within the Crum Subdivision 2nd and 3rd Filings; 4). Show adjacent rearrangement of property boundaries for Crum 3` Filing; 5). Storm drainage easements must be at least 20' wide; 6). Show no vehicular access on plat; 7). Show statement for access restrictions; and 8). Label section lines. SUPPLEMENTAL MAP 1). Show adjacent rearrangement of property boundaries for Crum 3` Filing; 2). Label section lines; 3). Show location, type and width of existing easements with recording information that were dedicated within the Crum Subdivision 2 and 3' Filings; 4). Show size of gas mains; and 5). Label contour lines. 2). Memorandum from Pepper Whittlef dated June 4, 2003; TRANSPORTATION REVIEW COMMENTS 1). Applicant will be required to apply and obtain an access permit from CDOT for the existing driveway on Pueblo Blvd. With this access permit the applicant will be required to study the intersection of Pueblo Blvd. and K 3). 01 Glenroyal and will be responsible for any necessary traffic improvements as required by the access permit; 2). The parking requirements for the church on Block 1, Lot 1 will be required to meet the parking requirements as set forth in Title 17; and 3). Any overheard utilities over 30Kv will be required to be placed underground per Title 12. Memorandum from Daryl Wood dated June 18, 2003; Per the office meeting on July 18, 2003, items 1, 2 and 3 were discussed and will be addressed in the part 2 (final) drainage report. The Part 1 (preliminary) report is approved. Memorandum from Kent Williams dated June 10, 2003; WASTEWATER REVIEW COMMENTS 1). Show proposed sanitary sewer service lines (Utility Plan); and 2). Show existing sanitary sewer service lines (Supplemental Plat). Motion carried 6 -0 -0. 3 City of Pueblo % DEPARTMENT OF PLANNING 8� COMMUNITY DEVELOPMENT 211 E. "D" Street • Pueblo CO 81003 719 - 543 -6006 Staff S - 03 -1 1 Of- To: Planning and Zoning Commission From: Glynis A. Jordan, AICP, Land Use Administrator Date: August 13, 2003 RE: S- 03 -11, Zion, Filing No. 1 N. of Glenroyal Drive & W. of Pueblo Boulevard A request for final plat approval to subdivide the existing parcel into four parcels totally 6.87 acres (Continued from the 7.9.03 mtg.) CVIV" BACKGROUND: Applicant is wishing to subdivide the existing parcels into four parcels totally 6.87 acres, in order to expand the existing church. ISSUES: Staff is recommending that all power lines, parking lot lighting and service line(s) with the subdivision be placed underground with the exception of the pole and the overhead service that serves the Church north of the subdivision. Please note that a formal request to waive the underground power line requirement was not submitted by the applicant and /or their professional consultant. CONCURRENT Z- 03 -14; Rezoning Request, R -5 and B -3 to R -5 REOUESTS: RECOMMENDED Recommend that the application be APPROVED as per the SRC MOTION: memo dated 7.30.03 and as follows: I. Memorandum from Joe Martellaro dated 6.12.03 (copy attached); 2. Memorandum from Pepper Whittlef dated 6.4.03 (copy attached); 3. Memorandum from Daryl Wood dated 6.18.03 (copy attached); 4. Memorandum from Kent Woods dated 6.10.03 (copy attached); and 5. Concurrent approval with Z- 03 -1 Request for rezoning. Planning and Zoning Commi,, io n S -03 -11 2 APPLICANT INFORMATION Applicant: Owner of Property Location of Property: Applicant's Reason for Request: Applicable Regulations: Northstar Engineering Church of Christ Southwest N.of Glenroyal Drive and W. of Pueblo Blvd. Expand existing church. § 12 -4 -1, Chapter 4, Plats and Subdivisions BACKGROUND AND H ISTORY Size of Property 6.87 acres total Existing B -3 and R -5 Proposed Zone District: R -5, Multiple - Residential and Office District, as conditioned CHARACTER AND COMP ATIBILITY Site Character: This in a developed area along Pueblo Blvd. and currently has a church on it, with the three (3) vacant lots. Neighborhood Compatibility: This is an existing commercial and residential area. Plan Compliance: This proposal complies with the Comprehensive Plan. PUBLIC WORKS AND ENGINEERING COMMENTS Please see attached Subdivision Review Committee memo dated 7.30.03. CONCLUSION: Recommend that the application be APPROVED as per the SRC memo dated 7.30.03 and as follows: 1. Memorandum from Joe Martellaro dated 6.12.03 (copy attached); 2. Memorandum from Pepper Whittlef dated 6.4.03 (copy attached); 3. Memorandum from Daryl Wood dated 6.18.03 (copy attached); 4. Memorandum from Kent Woods dated 6.10.03 (copy attached); and 5. Concurrent approval with Z- 03 -14, Request for rezoning. ATTACHMENTS: A. Zoning B. Aerial Map C. SRC Memo Planning and Zoning Commis,,ion 5 -03 -11 A. ZONING MAP 5 -03 -11 o s k Am Al �Pjw At y a p ^ 14 ■ L i t ; - M J6.. �..EELL CHRI TIAN CENT - ER FIR-, T A' EAIBLY' r!F GOD R -5 1 SUBDIVISION REVIEW COMMITTEE MEMO TO: Planning and Zoning Commission FROM: Subdivision Review Committee SUBJECT: S -03 -11 Zion, Filing No. 1 DATE: July 30, 2003 The Subdivision Review Committee hereby submits the following recommendations to the Planning and Zoning Commission and City Council: Staff is recommending that all power lines, parking lot lighting lines and service line(s) within the subdivision be placed underground with the exception of the pole and the overhead service that serves the church north of the subdivision. Please note that a formal request to waiver the underground power line requirement was not submitted by the applicant and /or their professional consultant. Recommendations Pertaining to Plat It is the recommendation of the SRC that the plat be approved with the condition that all deficiencies identified in the staff memorandums listed below and attached hereto be addressed to the satisfaction of the Director of Public Works. It is further recommended that the ordinance approving this plat not be placed on the City Council agenda until the above condition has been satisfied: 1. Memorandum from Joe Martellaro dated June 12, 2003. 2. Memorandum from Pepper Whittlef dated June 4, 2003. 3. Memorandum from Daryl Wood dated June 18, 2003. 4. Memorandum from Kent Williams dated June 10, 2003. xc: Church of Christ Southwest Pueblo NorthStar Engineering and Surveying, Inc. 1635 South Pueblo Boulevard 111 E. 5 Street Pueblo, CO 81005 Pueblo, CO 81003 L EP) �q �J ao BUREAU OF PUBLIC WORKS — ENGINEERING DIVISION S UBMrrTAL NAME: ZION, FILING NO. 1 STAFF REVIEWER: JOE MARTELLARO, ASSOCIATE ENGINEER I DATE: JUNE 12, 2003 SUBDIVISION PLAT: 1. Show all boundary dimensions and bearings. 2. Show the platted and measured distance along the south boundary line. 3. Show location, type and width of existing easements with recording information that were dedicated within the Crum Subdivision 2 nd and 3Td Filings. 4. Show adjacent rearrangement of property boundaries for Crum 3Td Fil. 5. Storm drainage easements must be at least 20' wide. 6. Show no vehicular access on plat. 7. Show statement for access restrictions. 8. Label section lines. SUPPLEMENTAL MAP: 1. Show adjacent rearrangement of property boundaries for Crum 3 Fil. 2. Label section lines. 3. Show location, type and width of existing easements with recording information that were dedicated within the Crum Subdivision 2 and 3 Filings. 4. Show size of gas mains. 5. Label contour lines. 211 E. "D" Street Pueblo, Colorado 81003 Phone: 719.543.2860 Fax: 719.542.6244 l Zion, Filing No.1 Transportation Review Comments Engineer: NorthStar Engineering Phone: 544 -6823 Fax: 544 -6825 Developer: Phone: Fax: Transportation Review Comments June 4, 2003 BY: Pepper Whittlef City of Pueblo Department of Transportation 1). Applicant will be required to apply and obtain an access permit from CDOT for the existing driveway on Pueblo Blvd. With this access permit the applicant will be required to study the intersection of Pueblo Blvd and Glenroyal and will be responsible for any necessary traffic improvements as required by the access permit. 2). The parking requirements for the church on Block 1, Lotl will be required to meet the parking requirements as set forth in Title 17. 3). Any overhead utilities over 30Kv will be required to be placed underground per Title 12. 211 E. "D" Street Pueblo, Colorado 81003 Phone: 719.543.2860 Fax: 719.542.6244 Revised: 7/25/03 Zion Fil #1 Subdivision (Part 1 Submittal) Date 6/18/03 Drainage Review Comments By: Daryl Wood City of Pueblo Stormwater Management Dept. Engineer: NorthStar Phone: 544 -6823 Fax: 544 -6825 Developer: Church of Christ - SW Pueblo Phone: 564 -3873 Fax: 564 -1764 Drainage Review Comments: 1) detnn+io a rea. R e .4s e th grading pl + r-e this mo — ok (per office meeting on 7 /18 /03 ... because on the constraints associated with the church site lot, it will be ok to detain the south 1 l /2 of the church site lot in the proposed pond and release the north %2 of the church site lot unrestricted — this will be addressed in the Part 2 (final) report.) 2) Look at the possibility of do+on+ien Pe nd in h u ofpa . k4ng let detention T he mind Gould be, lclaated -ear th S1 of the ! th + 1 + near r on pliable B 1 314 The nAnd c%oulr1 fl .i' +1 + '.i 1 + P +740 said in!@ in+ dpta i +ion is the fart that «nr..... + s Ganne b 1 + d in th deten-tionarea. The, pond, rather- than the pafk4ng let detention, would- e ecu p y lose Wm___(bGGa n it l depth) and would minimize the less 9f "useable" r ok (will be addressed in the part 2 (final) report) 3) Add thephrasg " and Crlmm subdivision Filing to the last fid-I se-n-te-RA-0- CM page 1 ok (will be addressed in the part 2 (final) report) Faxed to engineer and developer on 6/18/03 7/25/03 Additional Comments: Per the office meeting on 7/18/03, items 1, 2, and 3 were discussed and will be addressed in the Part 2 (final) drainage report. The Part 1 (preliminary) report is approved. Faxed to engineer and developer on 7/25/03 Pc: Dennis Maroney — Stormwater Co- ordinator (e -mail) Joe Martellaro — Associate Engineer (e -mail) Marlene Cordova - Admin Technician (e -mail) Consulting Engineer (fax or e-mail) Developer (fax or e-mail) File (2) 1 } TU C� City of Pueblo WASTEWATER DEPARTMENT MEMORANDUM rt•] FROM DATE: Shawn Winters Kent Williams, Wastewater Associate Engineer I June 10, 2003 SUBJECT: Zion Subdivision Submittal Date: May 14, 2003 The following information is in response to the subdivision submittal received for review. Transmitted herewith are copies of Wastewater Department review comments pertaining to the above - referenced subdivision. 1. Show proposed sanitary sewer service lines. (Utility Plan) 2. Show existing sanitary sewer service lines. (Supplemental Plat) 211 E. "D" Street Pueblo, Colorado 81003 Phone: 719.543.2860 Fax: 719.542.6244