HomeMy WebLinkAbout10776ORDINANCE NO. 10776
AN ORDINANCE APPROVING THE LA BELLA PIAZZA
SUBDIVISION GENERALLY LOCATED SOUTH OF WEST
PUEBLO BOULEVARD AND WEST OF GRANADA BOULEVARD
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the La Bella Piazza Subdivision, being a subdivision of land legally
described as:
PARCEL A
A PORTION OF PARCEL A OF LA BELLA PIAZZA SUBDIVISION FILING NO. 1, ACCORDING
TO FINAL PLAT RECORDED ON DECEMBER 13, 2006 AT RECEPTION NO. 1706244 IN
THE OFFICIAL RECORDS OF PUEBLO COUNTY, COLORADO.
PARCEL B
THOSE EASEMENTS FOR INGRESS AND EGRESS DESCRIBED IN THE EASEMENTS,
COVENANTS CONDITIONS, RESTRICTIONS TOGETHER WITH NOTICE AND
DISCLOSURE TO RESIDENTIAL USES DESCRIBED RECORDED ON DECEMBER 18, 2006
UNDER RECEPTION NO. 1706721 IN THE OFFICIAL RECORDS OF PUEBLO COUNTY,
COLORADO.
CONTAINING A CALCULATED AREA OF 96,776 SQUARE FEET OR 2.222 ACRES, MORE
OR LESS.
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
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
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-l0-l0l, 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.
The officers and staff of the City are authorized to perform any and all acts consistent
with the intent of the Ordinance to implement the policies and procedures described herein.
SECTION 5.
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 Pueblo Municipal Code 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.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 26, 2024.
Final adoption of Ordinance by City Council on September 09, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
____________________________
Mayor
Action by City Council After Disapproval by the Mayor:
Council did not act to override the Mayor's veto.
Ordinance re-adopted on a vote of ____________, on _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # R4
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 9, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE LA BELLA PIAZZA SUBDIVISION
GENERALLY LOCATED SOUTH OF WEST PUEBLO BOULEVARD
AND WEST OF GRANADA BOULEVARD
SUMMARY:
The applicant is requesting to subdivide 2.22-acres into three lots for commercial
development.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting a commercial plan review (C-23-34).
BACKGROUND:
The property is a 96,748 square foot parcel, located west of the intersection of Prairie
Avenue and South Pueblo Boulevard (SH45). The property was originally subdivided
and rezoned from R-2, Single Family Residential to Planned Unit Development (PUD)
in December of 2006. This subdivision established Lot 1 (645,216 square feet), non-
buildable Parcel A (96,748 square feet), and non-buildable Parcel B (418,930 square
occupies that l
issue any building permits for Parcel A or Parcel B until an application to re-subdivide
said parcels has been reviewed by the Planning and Zoning Commission and approved
process of developing a Whataburger restaurant at this location. This process requires
the parcel to be re-subdivided as prescribed by the plat. The applicant is requesting that
Parcel A be subdivided into three lots; Lot 1 (47,065 square feet), Lot 2 (26,632 square
feet), and Lot 3 (23,051 square feet). All proposed lots meet the minimum 20,000
square feet lot size and 50 feet lot frontage required by the PUD Development Guide.
Lot 1 is the site for the proposed Whataburger. The restaurant use aligns with the
Commercial Mixed Use future land use designation and is a use-by-right in the PUD
Guide. Primary access to the property will be taken from eastbound traffic on West
Pueblo Boulevard
ss/egress easement allowing access to the pad sites through
the parking lot. The City Transportation Department is requesting that a similar
ingress/egress easement be provided on the proposed subdivision.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 13, 2024 Regular Meeting, voted
7-0 to recommend approval with conditions.
STAKEHOLDER PROCESS:
The Planning Department sent out Notice of the Planning and Zoning Commission
Public Hearing to all property owners located within 300 feet of the subject property.
ALTERNATIVES:
If City Council does not approve this Ordinance, the site will not be resubdivided which
will impede development of the site.
Upon request of City Council, the Ordinance could be returned to the Planning and
Zoning Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. S-23-10 Combined Attachments