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Home My WebLink About11176Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95 ORDINANCE NO. 11176 AN ORDINANCE APPROVING THE PELLECCHIA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Pellecchia Subdivision, being a subdivision of land legally described as: LOT 20, BLOCK 5, SHULL'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD JULY 14, 1887, COUNTY OF PUEBLO, STATE OF COLORADO. AND THAT PARCEL OF LAND DESCRIBED IN THAT WARRANTY DEED FILED FOR RECORD AUGUST 9, 2007 AS RECEPTION NO. 1737520 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER WHICH READS AS FOLLOWS: LOT 10, BLOCK 5, SHULL'S SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD JULY 14, 1887, AND ALL THAT PORTION OF VACATED JONES AVENUE AS SHOWN ON STREET VACATION FILED FOR RECORD JULY 25, 2005 AT RECEPTION NO. 1630543. COUNTY OF PUEBLO, STATE OF COLORADO 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 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. Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95 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 May 11, 2026. Final adoption of Ordinance by City Council on May 26, 2026. LDocuSignedby: auff President of City Council Action by the Mayor: [)� Approved on 05/27/2026 ❑ Disapproved on based on the following objections: Mayor Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95 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 by: FiD;0GISigned City Clerk Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95 City Clerk's Office Item # R2 COUNCIL MEETING DATE: May 26, 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 PELLECCHIA SUBDIVISION SUMMARY: A subdivision of 1.46 acres located north of Siena Dr. and east of Bandera Pkwy into 4 lots for future residential and commercial office development. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The subject property was originally annexed into the City on January 4, 2005, as a portion of the Bandera/Siena Annexation. The parcels that are being re -subdivided were zoned 0-1, Neighborhood Office District and were intended to be developed as commercial offices along Siena Dr. One such commercial office building, addressed 5417 Siena Dr., was constructed in 2007, but the rest of the subject property has remained undeveloped. The eastern portion of the property, where the developed commercial site is located, will remain 0-1, but now the applicants intend to rezone the western portion to R-2 and re -subdivide in order to construct single-family residences comparable to the homes in the surrounding Regency Ridge neighborhood. The subdivision will split the property into four lots, with lots 1 &2 being designated for one single-family home on each lot, lot 3 being reserved for future commercial office development, and lot 4 is the site of the existing office addressed 5417 Siena Dr. The proposed subdivision plat accounts for storm water detention and drainage requirements with a 20' wide drainage easement that gradually widens across the northern boundary of the three new undeveloped lots. The proposed subdivision includes a 20' access easement dedicated to Xcel Energy to insure they can access their lot located directly north of the proposed subdivision. This easement is placed along the existing driveway for the 5417 Siena Dr. office's property (spanning Lots 3 and 4), so there is an existing curb cut. The easement must remain open to provide Docusign Envelope ID: 4783B12E-2F4C-8D7E-803F-4B61A0009C95 access to the northern property as the platted rights -of -way that abut Xcel's property are not traversable by vehicle. Xcel Energy has underground infrastructure through their property, so there are currently no plans to develop that land with any structures or uses that would necessitate any further traffic access measures. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their January 14, 2026, 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 existing subdivision of the site will remain. 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-25-06 Attachments