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 ".
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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
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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
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DPW 101 3
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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.
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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
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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
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ChrisC.Munoz PuebloCtyClk &Rec SUB
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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.
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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
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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
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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
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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