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City Clerk's Office Item # R2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: April 13, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Beritt Odom, Director Planning and Community Development
SUBJECT: AN ORDINANCE APPROVING THE VIA SUBDIVISION
SUMMARY:
The applicant is requesting to subdivide 3.21-acres into two lots to facilitate commercial
development adjacent to W. Pueblo Blvd.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property consists of 3.2 acres that was originally subdivided as Lot 10 in
1974 with the Lakeshore Estates No. 2 Subdivision. The western portion of the lot was
developed with a Champion Xpress Car Wash in 2023, the eastern portion remains
undeveloped. The property owners are seeking to re-subdivide Lot 10 into two lots, 10A
and 10B, creating a separate lot for the undeveloped portion of the site. Champion
Xpress Car Wash will be located on Lot 10A and Lot 10B will consist of the undeveloped
eastern portion of the lot. The purpose of the subdivision is to facilitate commercial
development within the eastern portion of the existing site. Access to both lots will be
taken from the 70-foot-wide ingress/egress and utility easement located within the
northern portion of the proposed subdivision; no access will be allowed from W. Pueblo
Blvd.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 12, 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 may
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-25-05 Attachments
ORDINANCE NO. 11139
AN ORDINANCE APPROVING THE VIA SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the VIA Subdivision, being a subdivision of land legally described as:
Lot 10, Lakeshore Estates No. 2, County of Pueblo, Colorado as filed for record on August 7,
1974 in Book L at Page 22 as Reception No. 477943 in the office of the Pueblo County Clerk and
Recorders, County of Pueblo, State of Colorado
Containing 3.21 acres, 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
inances 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 i
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 March 23, 2026.
Final adoption of Ordinance by City Council on April 13, 2026.
____________________________
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