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Home My WebLink About09995* ORDINANCE NO. 9995 AN ORDINANCE APPROVING THE MEMORIAL HEIGHTS SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Memorial Heights Subdivision being a subdivision of land legally described as: A parcel of land located in a portion of the west 1/2 of the northeast 1/4 of section 12, township 20 south, range 65 west of the 6th P.M. in the county of Pueblo and state of Colorado, being more particularly described as follows. Parcel 1: Lots 8 to 18 inclusive, Block 5, Central Pueblo, Less portion to Historic Arkansas Riverwalk Project, Filing No. 1, in instrument recorded at Reception No.1289663, County of Pueblo, State of Colorado. Parcel 2: Fractional Lots 1 to 5 inclusive, Block 62, Hobson's Subdivision, Less a triangular portion of Lots 2 and 3, as described in Deed recorded May 4, 1993 in Book 2654 at Page 46, County of Pueblo, State of Colorado. Parcel 3: Part of Lot 17, Block 44, Kretschmer's Subdivision, Beginning at the North corner of said Lot 17, at intersection West line Court Street extended and South line of Alley along said Lot 17, thence Southwesterly along said alley line 67.71 feet; thence 90°02'30" Left 33.86 feet to the West line Court Street Extended; thence Northerly along West line Court Street Extended 47.28 feet to the Place of Beginning. Parcel 4: That part of Lot 17, Block 44, Kretschmer's Subdivision, Less that portion conveyed in Deed recorded May 4, 1993 in Book 2654 at Page 46, County of Pueblo, State of Colorado. Parcel 5: That part of Lots 2 and 3, Block 62, Hobson’s Subdivision, more particularly described as follows: Beginning at a point at the intersection of the West line of Court Street extended and the Northwesterly line of Lot 3, Block 62, Hobson’ s Subdivision, said point being 8.31 feet Southwesterly from the Northwesterly corner of said Lot 3, thence Southeasterly at an angle of 45°44’ with said West line of Court Street extended 32.98 feet to a point; thence Southwesterly at an angle of 89°57’ 30” to the right 33.86 feet to a point on the said West line of Court Street extended; thence Northwesterly along said West line of Court Street extended 47.28 feet to the point of beginning, Containing 1.43 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 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-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 and 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 9, 2021 . Final adoption of Ordinance by City Council on August 23, 2021 . President of City Council Action by the Mayor: ☒ Approved on August 24, 2021 . □ 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 City Clerk City Clerk’s Office Item # R-10 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 9, 2021 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE MEMORIAL HEIGHTS SUBDIVISION SUMMARY: The applicant is requesting to subdivide the .95-acre project site located north of the intersection of Alan Hamel Ave. and Central Main St. (multiple subdivisions and lots, parcels 536146010, 536146011, 536147011, 536147012, and 536422004) into two lots to facilitate commercial development in the City’s downtown core. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to rezone this property from S-1, Government Use to B- 4, Central Business District. BACKGROUND: The subject property currently overlaps into three separate subdivisions, Central Pueblo, Hobson’s, and Kretschmer’s Subdivisions, all of which were recorded in the 1880’s. The site has historically been developed with a mixture of government and residential uses. In 2011, the old City/County Health Department Building, located on the property, was demolished and cleared for redevelopment. Following demolition of the Health Department structure, an interim asphalt parking lot was constructed that is currently used as surface parking for adjacent businesses including Brue’s Ale House, the Clink, the Station, City Hall, and the Convention Center. The subdivision application contains two lots that each comply with the minimum lot size of at least 5,000 square feet and have a minimum of a 50-foot lot width. Lot 1 is 26,657 SF, with a lot width of 165.75 feet. Lot 2 is 14,548 SF, with a lot width of 111.62 feet. A preliminary site plan has not been submitted for redevelopment; however, the applicant has indicated that redevelopment efforts will include multi-family residences. Mixed use development with commercial uses located on the ground floor and multi-family residential uses above the main floor is a use by right in the B-4, Central Business District. Multi-family residential development is a use by review in the B-4 District, requiring Special Use Permit review and approval prior to development. B-4, Central Business District zoning is an appropriate zone district for the site because of its central location within the city. Mixed-use and multifamily residential uses are also appropriate uses for the site, encouraging vibrancy within the core of the city. The applicant has submitted a request for Deferred Filings for One Year to defer construction plans, profiles and details of streets, sanitary sewers, storm sewers, drainage facilities, offsite easements and covenants. FINANCIAL IMPLICATIONS: While there are no foreseeable negative financial implications for the City, if the property is redeveloped with a mixture of commercial and multi-family residential there will be a positive financial impact as a result of new sales tax, and TIFF revenues for the Downtown Urban Renewal Area. The TIFF revenues are slated to assist in funding improvements for the Pueblo Regional Tourism Act Project. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their August 12, 2020 Regular Meeting, voted 5-0 to recommend approval, Commissioner Avalos absent. The Commission has no objection to the Request for Deferred Filings contained in SRC Memo dated June 2, 2021. 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: Proposed Ordinance Minutes of the Planning and Zoning Commission June 9, 2021 Public Hearing Memorandum from the Department of Public Works Dated July 23, 2021 Planning and Zoning Commission Staff Report with Attachments and Exhibits