HomeMy WebLinkAbout10982Docuaign Envelope ID: DAE53224-2141-4971-8252-E518B8EF5767
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Candace Rivera Clerk/Recorder, Pueblo County, Co
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ORDINANCE NO.10982
AN ORDINANCE APPROVING THE DUTCH BROS.
SUBDIVISION FILING NO. 1
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Dutch Bros. Subdivision Filing No. 1, being a subdivision of land
legally described as:
ALL OF LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 7, COUNTY ADDITION, RECORDED
NOVEMBER 20, 1879 IN PLAT BOOK C AT PAGE 154, LOCATED IN THE SOUTHEAST
QUARTER OF SECTION 25, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH
PRINCIPAL MERIDIAN, TOGETHER WITH PART OF THE SOUTHWEST QUARTER OF
SECTION 30, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH PRINCIPAL MERIDIAN,
COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, SAID POINT BEING ON THE
SOUTH RIGHT OF WAY LINE OF WEST 14TH STREET; THENCE N88°33'13"E ALONG SAID
SOUTH LINE A DISTANCE OF 119.59 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF NORTH SANTA FE AVENUE; THENCE S01 °25'23"E ALONG SAID WEST LINE A
DISTANCE OF 255.82 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST
13TH STREET; THENCE S88°33'13"W ALONG SAID NORTH LINE A DISTANCE OF 119.57
FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT BEING ON THE EAST
RIGHT OF WAY LINE OF A 16-FOOT ALLEY; THENCE N01 °25'43"W ALONG SAID EAST
LINE A DISTANCE OF 255.82 FEET TO THE POINT OF BEGINNING;
CONTAINING 30,591 SQUARE FEET OR 0.702 ACRE, MORE OR LESS.
attached hereto, is hereby approved. 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.
2378229 07/03/2025 09:17:30 AM
Docusign Envelope ID: DAE53224-2141-4971-8252-E518B8EF5767 CCandace2R � era C f 3 e r43Re0 corder, POueblo Counnty, Cc
mill kil11j1111 KAW.111:1IAhWW 11111
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.
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.
Docusign Envelope ID: DAE53224-2141-4971-8252-E518B8EF5767
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Candace Rivera Clerk/Recorder. Pueblo County, Cc
BIII PJAIIi i�l�ia:lCM JA PY'W* V1,410i 1111
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 June 9, 2025.
Final adoption of Ordinance by City Council on June 23, 2025. DocuSigned by:
r lb�
President of ity ouncil
Action by the Mayor:
❑ Approved on 6/26/2025 1 11:12 AM MDT
❑ 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
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST DocuSigned by:
City Clerk
City Clerk's Office Item # S6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 23, 2025
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 DUTCH BROS. SUBDIVISION
FILING NO. 1
SUMMARY:
The applicant is requesting to subdivide .702-acres into one lot to facilitate the
development of a drive through coffee shop business.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property consists of .702-acres of developed land located at the northwest
corner of the Santa Fe Drive and 13th Street. Dutch Bros., a national drive through
coffee franchise development company is working with the property owners to
subdivide the land into one large lot to facilitate the construction of one 1,025 square
foot coffee building. The site currently consists of two parcels; parcels 0525414013 and
0525414012, which cover lots 1-6 inclusive, Block 7, County Addition (platted in 1879).
The two parcels also include a segment of unsubdivided land on the eastern edge of
the parcels along Santa Fe Avenue. This 55-foot wide north-south segment of
unsubdivided property is the basis for requiring the overall site to be a new subdivision.
Un-subdivided land is common along Township and Range section lines in portions of
Pueblo along Santa Fe Avenue. The property functioned for decades as a used car lot,
and the two existing small buildings (erected in 1955 and 1985) will be removed, and
the site will be brought into compliance with landscaping, stormwater, parking and other
city requirements through the commercial site plan review process. The developer will
th
close all existing street access points except one access point along 14 Street and a
small section of the alley. According to the proposed commercial site plan the site will
have 14 parking spaces, for walk up customers, and stacking for up to 18 automobiles.
Dutch Bros coffee shop drive through businesses are considered high traffic retail
restaurant and the applicant is working with the city traffic engineer to create a system
to maximize drive through isle stacking (five required, 18 spaces provided) inside the
site and minimize negative impacts to surrounding road network. The subdivision is
within an existing developed section of the city and will not require a subdivision
improvement agreement since all the utilities and improvements are already present.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their May 14, 2025 Regular Meeting, voted 7-
0 to recommend approval.
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 subdivided which
will impede development of the site.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. S-25-02 Attachments
ORDINANCE NO.10982
AN ORDINANCE APPROVING THE DUTCH BROS.
SUBDIVISION FILING NO. 1
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Dutch Bros. Subdivision Filing No. 1, being a subdivision of land
legally described as:
ALL OF LOTS 1 THROUGH 6, INCLUSIVE, BLOCK 7, COUNTY ADDITION, RECORDED
NOVEMBER 20, 1879 IN PLAT BOOK C AT PAGE 154, LOCATED IN THE SOUTHEAST
TH
QUARTER OF SECTION 25, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6
PRINCIPAL MERIDIAN, TOGETHER WITH PART OF THE SOUTHWEST QUARTER OF
TH
SECTION 30, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6 PRINCIPAL MERIDIAN,
COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, SAID POINT BEING ON THE
SOUTH RIGHT OF WAY LINE OF WEST 14TH STREET;
SOUTH LINE A DISTANCE OF 119.59 FEET TO A POINT ON THE WEST RIGHT OF WAY
DISTANCE OF 255.82 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF WEST
FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT BEING ON THE EAST
RIGHT OF WAY LINE OF A 16-
LINE A DISTANCE OF 255.82 FEET TO THE POINT OF BEGINNING;
CONTAINING 30,591 SQUARE FEET OR 0.702 ACRE, MORE OR LESS.
attached hereto, is hereby approved. 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
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 June 9, 2025.
Final adoption of Ordinance by City Council on June 23, 2025.
____________________________
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