HomeMy WebLinkAbout11213Docusign Envelope ID: 6F06F66F-EBOA-815A-838C-29881 F5ABADD
ORDINANCE NO. 11213
AN ORDINANCE APPROVING THE BEHM-HILL RANCH
SUBDIVISION A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Behm-Hill Ranch Subdivision a Special Area Plan, being a
subdivision of land legally described as:
COMMENCING AT A POINT ON WEST LINE OF SECTION 14, 2941 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID SECTION 14, TOWNSHIP 21 SOUTH, RANGE
65 WEST; THENCE EAST AT RIGHT ANGLE TO WEST LINE OF SAID SECTION, 705
FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF THE MINNEQUA
DITCH;THENCE NORTHERLY 0°35' WEST ALONG THE WEST LINE OF THE RIGHT
OF WAY OF THE MINNEQUA DITCH, A DISTANCE OF 154.31 FEET, MORE OR
LESS, TO APOINT AT RIGHT ANGLE TO WEST LINE OF SAID SECTION; THENCE
WEST A DISTANCE OF 720.16 FEET MORE OR LESS TO A POINT ON THE WEST
LINE OF SAIDSECTION 14; THENCE SOUTH ALONG THE WEST LINE OF SAID
SECTION 14 A DISTANCE OF 154 FEET, MORE OR LESS TO THE POINT OF
BEGINNING, EXCEPT PORTIONS CONVEYED BY DEEDS RECORDED OCTOBER
28, 1975 IN BOOK 1828 AT PAGE 34 AND DECEMBER 1, 1975 IN BOOK 1831 AT
PAGE 272. COUNTY OF PUEBLO, STATE OF COLORADO.
AND
THAT PATRICK HILL AND ELIZABETH BEHM BEING THE SOLE OWNER OF THE
FOLLOWING DESCRIBED PARCEL OF LAND: A TRACT OF LAND LOCATED IN THE
NW1/4 OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M.
DESCRIBED AS;COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION
14; THENCE NORTH 0° 23' 49" EAST ALONG THE WEST LINE OF SAID SECTION
14, 3043.99 FEET TO A POINT; THENCE NORTH 89° 38' 37" EAST, 348 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 22' 18" WEST, 104 FEET TO
A POINT; THENCE NORTH 89° 41' 14" EAST, 389.57 FEET MORE OR LESS TO A
POINT ON THE WEST RIGHT OF WAY LINE OF THE MINNEQUA DITCH; THENCE
NORTH 0° 14' 21" WEST ALONG THIS WEST RIGHT OF WAY LINE 126.31 FEET TO
A POINT; THENCE NORTH 8° 00' 24" EAST ALONG THIS WEST RIGHT OF WAY
LINE 28.12 FEET TO A POINT; THENCE SOUTH 89° 39' 55" WEST, 391.96 FEET, TO
A POINT; THENCE SOUTH 0° 22' 18" WEST, 50 FEET., MORE OR LESS TO THE
TRUE POINT OF BEGINNING.
_►I
A RIGHT OF WAY TO BE USED AS A ROAD TO THE ABOVE DESCRIBED PARCEL,
OVER THE TRACT DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER
OF SAID SECTION 14; THENCE NORTH 0° 23' 49" EAST ALONG WEST LINE OF
SAID SECTION 14, 3043.99 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 89° 38' 37" EAST, 348 FEET TO A POINT ON THE WEST LINE OF ABOVE
DESCRIBED PARCEL; THENCE SOUTH 0° 22' 18" WEST ALONG THE WEST LINE
OF SAID PARCEL, 20 FEET TO A POINT; THENCE SOUTH 89° 38' 37" WEST 348
FEET, MORE OR LESS TO A POINT IN THE WEST LINE OF SAID SECTION 14;
Docusign Envelope ID: 6F06F66F-EBOA-815A-838C-29881 F5ABADD
THENCE NORTH 0° 23' 49" EAST ALONG THE WEST LINE OF SAID SECTION 14, 20
FEET, TO THE POINT OF BEGINNING; EXCEPTING
AND
SUBJECT TO THAT PART OF THE WEST END THEREOF, BEING APPROXIMATELY
THE WEST 33 FEET, THEREOF, LYING IN AND OCCUPIED BY PRAIRIE AVENUE.
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.
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
Docusign Envelope ID: 6F06F66F-EBOA-815A-838C-29881 F5ABADD
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 22, 2026.
Final adoption of Ordinance by City Council on July 13, 2026. LDOCUSignedby:
President of City Council
Action by the Mayor:
E� Approved on
❑ Disapproved on
07/15/2026
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 signed by:
�/itn,Lt�n;f �G{�DSt,�C
Deputy City Clerk
Docusign Envelope ID: 6F06F66F-EB0A-815A-838C-29881 F5ABADD
ORDINANCE NO. 11213
AN ORDINANCE APPROVING THE BEHM-HILL RANCH
SUBDIVISION A SPECIAL AREA PLAN
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The final plat of the Behm-Hill Ranch Subdivision a Special Area Plan, being a
subdivision of land legally described as:
COMMENCING AT A POINT ON WEST LINE OF SECTION 14, 2941 FEET NORTH OF
THE SOUTHWEST CORNER OF SAID SECTION 14, TOWNSHIP 21 SOUTH, RANGE
65 WEST; THENCE EAST AT RIGHT ANGLE TO WEST LINE OF SAID SECTION, 705
FEET, MORE OR LESS, TO THE WEST RIGHT OF WAY LINE OF THE MINNEQUA
DITCH;THENCE NORTHERLY 0°35' WEST ALONG THE WEST LINE OF THE RIGHT
OF WAY OF THE MINNEQUA DITCH, A DISTANCE OF 154.31 FEET, MORE OR
LESS, TO APOINT AT RIGHT ANGLE TO WEST LINE OF SAID SECTION; THENCE
WEST A DISTANCE OF 720.16 FEET MORE OR LESS TO A POINT ON THE WEST
LINE OF SAIDSECTION 14; THENCE SOUTH ALONG THE WEST LINE OF SAID
SECTION 14 A DISTANCE OF 154 FEET, MORE OR LESS TO THE POINT OF
BEGINNING, EXCEPT PORTIONS CONVEYED BY DEEDS RECORDED OCTOBER
28, 1975 IN BOOK 1828 AT PAGE 34 AND DECEMBER 1, 1975 IN BOOK 1831 AT
PAGE 272. COUNTY OF PUEBLO, STATE OF COLORADO.
AND
THAT PATRICK HILL AND ELIZABETH BEHM BEING THE SOLE OWNER OF THE
FOLLOWING DESCRIBED PARCEL OF LAND: A TRACT OF LAND LOCATED IN THE
NW1/4 OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M.
DESCRIBED AS;COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION
14; THENCE NORTH 0° 23' 49" EAST ALONG THE WEST LINE OF SAID SECTION
14, 3043.99 FEET TO A POINT; THENCE NORTH 89° 38' 37" EAST, 348 FEET TO
THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 22' 18" WEST, 104 FEET TO
A POINT; THENCE NORTH 89° 41' 14" EAST, 389.57 FEET MORE OR LESS TO A
POINT ON THE WEST RIGHT OF WAY LINE OF THE MINNEQUA DITCH; THENCE
NORTH 0° 14' 21" WEST ALONG THIS WEST RIGHT OF WAY LINE 126.31 FEET TO
A POINT; THENCE NORTH 8° 00' 24" EAST ALONG THIS WEST RIGHT OF WAY
LINE 28.12 FEET TO A POINT; THENCE SOUTH 89° 39' 55" WEST, 391.96 FEET, TO
A POINT; THENCE SOUTH 0° 22' 18" WEST, 50 FEET., MORE OR LESS TO THE
TRUE POINT OF BEGINNING.
AND
A RIGHT OF WAY TO BE USED AS A ROAD TO THE ABOVE DESCRIBED PARCEL,
OVER THE TRACT DESCRIBED AS: COMMENCING AT THE SOUTHWEST CORNER
OF SAID SECTION 14; THENCE NORTH 0° 23' 49" EAST ALONG WEST LINE OF
SAID SECTION 14, 3043.99 FEET, TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 89° 38' 37" EAST, 348 FEET TO A POINT ON THE WEST LINE OF ABOVE
DESCRIBED PARCEL; THENCE SOUTH 0° 22' 18" WEST ALONG THE WEST LINE
OF SAID PARCEL, 20 FEET TO A POINT; THENCE SOUTH 89° 38' 37" WEST 348
FEET, MORE OR LESS TO A POINT IN THE WEST LINE OF SAID SECTION 14;
2417239 O9J0'8J2O26 11:27:52 Ail
Pa,e • I of 3 P 43.00 0 PP O T 43.00
Cas,'ce Rivera Clerk/Recorder PU011r CO Jraly, Crc
Mill V01 I" 1110NA lAN, 't'III
Docusign Envelope ID: 6F06F66F-EB0A-815A-838C-29881 F5ABADD
THENCE NORTH 00 23' 49" EAST ALONG THE WEST LINE OF SAID SECTION 14, 20
FEET, TO THE POINT OF BEGINNING; EXCEPTING
AND
SUBJECT TO THAT PART OF THE WEST END THEREOF, BEING APPROXIMATELY
THE WEST 33 FEET, THEREOF, LYING IN AND OCCUPIED BY PRAIRIE AVENUE.
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.
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
2417239 09/08/2026 11:27:52 AM
Page: 2 of 3 R 43.00 D 0.00 T 43.00
Candace Rivera Clerk/Recorder, Pueblo County, Cc
®III r-frar %V111i�'a�ii iii
Docusign Envelope ID: 6F06F66F-EBOA-815A-838C-29881 F5ABADD
City Clerk's Office Item # R1
Ciify of
PUEBLO
m;µ
...w
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: July 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 BEHM-HILL RANCH SUBDIVISION
A SPECIAL AREA PLAN
SUMMARY:
A subdivision of 2.11 acres located on S. Prairie Blvd. into two Lots and one Parcel for
residential development.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The proposed BEHM-Hill Subdivision, A Special Area Plan consists of one parcel and
two lots. The site was developed in the County before being annexed into City limits as
part of the Lake Minnequa Annexation in 1972. No new construction or other
improvements can be approved by the City until and unless the site is subdivided.
Furthermore, the subdivision must be accompanied by a Special Area Plan to provide
access and frontage to the proposed Lot 2. Parcel A serves as a private right of way
providing ingress/egress, frontage, and utility service to Lot 2.
The proposed Lot 1 contains approximately 0.59 acres of land. It is developed with a
single-family residence, garage, and driveway. Lot 2 consists of approximately 1.38
acres of land. It is enclosed with a fence and developed a shed, garage, and two horse
pens. There are two horses on the property, which is a use that has existed since 1972
when the property was annexed. The proposed subdivision is within a Single -Family
Residential (R-2) Zone District. The R-2 District provides areas primarily for low -density
housing with opportunities to allow moderate -density housing and limited commercial
activities after additional review. The proposed lots meet the minimum lot size and
width required under the R-2 District. The property owners of Lot 2 intend to build a
single-family residence on their lot and continue owning horses. No other development
is known at this time.
Docusign Envelope ID: 6F06F66F-EBOA-815A-838C-29881 F5ABADD
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 11, 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.
A Public Notice poster was placed on the subject property 15 days prior to the Public
Hearing.
ALTERNATIVES:
If City Council does not approve this Ordinance, the two parcels will remain
unsubdivided, and no new construction or improvements may be approved by the City.
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-25-09 Attachments
Docusign Envelope ID: 6F06F66F-EBOA-815A-838C-29881 F5ABADD
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 b. City Council:.
Introduced and initial adoption of Ordinance by City Council on June 22, 2026.
Final adoption of Ordinance by City Council on July 13, 2026, d�roeuSGgned by:
President of City Council
Action by the Mayor:
l Approved on 07/15/2026
❑ Disapproved on
based on the following objections:
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
Mayor
❑ Council action on failed to override the Mayor's veto.
t;t,b LO.
T S '" v Stgnedby:
:A1 ,, Mos
TJputy. City Clerk
th4ur riLuu
President of City Council
2417239 09/08/2026 11:27:52 AM
Page: 3 of 3 R 43.00` " 0 b n1y, Co
Candace Rivera Clerk/Recorder, Pueblo Czaun
III VFA«I'l� Jii� a 'I1 tiM ��� ,,11111