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RESOLUTION NO. 14768
A RESOLUTION AUTHORIZING THE EXTENSION OF THE
CONDITIONAL WAIVERS OF FEES RELATING TO
WASTEWATER UTILITY TAP AND PLANT INVESTMENT FEES
AND GRANTING WAIVERS FOR OTHER DEVELOPMENT FEES
PERTAINING TO THE PUEBLO SPRINGS APARTMENT
COMPLEX LOCATION ON THE SOUTHWEST CORNER OF
NORTH PUEBLO BOULEVARD AND WEST 31ST STREET IN
THE CITY OF PUEBLO
FINDINGS OF FACT
a. The City Council finds and determines that it has been several years since a large-scale
apartment complex has been developed in the City of Pueblo; and,
b. The lack of new large-scale apartment complexes in the City has a negative impact on the
City’s economic development; and,
c. The construction of the Pueblo Springs Apartments 18.2-acre complex within the
corporate limits of the City of Pueblo will result in the recovery of sales and use tax revenue
associated with the project and future real property tax revenue in amounts far in excess of
Wastewater Utility fees and other development fees waived by this Resolution; and,
d. The waiver of fees for Wastewater Utility tap and plant investment fees and other
development fees as authorized by this Resolution is for a public purpose and in furtherance of a
municipal function and will enhance economic development in the City; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, and acting as the governing
board of the City’s Wastewater Utility Enterprise, that:
SECTION 1.
The City of Pueblo, acting by and through its Wastewater Utility Enterprise, hereby grants a
waiver of wastewater utility tap and plant investment fees up to a maximum amount of $317,020 to
the Pueblo Springs Apartments, located in the southwest corner of North Pueblo Boulevard and
st
West 31 Street in the City.
SECTION 2.
The City of Pueblo hereby grants a waiver of other development fees including commercial
site plan review fees, fire department inspection fees, concrete permit fees, and fees in-lieu of
park land/development fees up to a maximum amount of $60,000 related to the Pueblo Springs
Apartments project.
SECTION 3
The waivers of wastewater utility fees and other development fees as provided in this
Resolution will expire on July 31, 2022, unless on or before that date, Pueblo Springs Apartments
provides the City with satisfactory proof of the following:
1. With respect to Pueblo Springs Apartments 18.2-acre complex, successful
completion of the following milestones:
a. Rezoning of the property.
b. Subdivision of the property.
2. Issuance of a Building Permit for construction of the Pueblo Springs Apartments
by the Pueblo Regional Building Authority.
SECTION 4.
The July 31, 2022 deadline specified in Section 3 shall be extended as follows, upon the
occurrence of the following events:
a. If the U.S. Department of Housing and Urban Development (“HUD”) does not
approve the financing for the Pueblo Springs Apartments by July 31, 2022, the
deadline shall be extended for an additional six (6) months.
b. If HUD requires that the development Pueblo Springs Apartments occur in two
(2) or more phases, the July 31, 2022 deadline shall be extended for the
second and each succeeding phase of development.
SECTION 5.
This Resolution shall not serve as a precedent for the granting of waivers of Wastewater
Utility and other development fees in the future. The decision to grant a waiver of wastewater
utility tap and plant investment fees, and other development fees to Pueblo Springs Apartments
was based on the particular facts surrounding the Pueblo Springs Apartments development. As
was done with Pueblo Springs Apartments, future requests for waivers of Wastewater Utility fees
and other development fees shall be considered on a case-by-case basis.
SECTION 6.
The officers of the City are authorized to perform any and all acts consistent with the intent
of this Resolution to implement the policies and procedures described herein.
SECTION 7.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED December 13, 2021
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-5
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: December 13, 2021
TO: President Lawrence W. Atencio 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: A RESOLUTION AUTHORIZING THE EXTENSION OF THE CONDITIONAL
WAIVERS OF FEES RELATING TO WASTEWATER UTILITY TAP AND PLANT
INVESTMENT FEES AND GRANTING WAIVERS FOR OTHER DEVELOPMENT
FEES PERTAINING TO THE PUEBLO SPRINGS APARTMENT COMPLEX
LOCATION ON THE SOUTHWEST CORNER OF NORTH PUEBLO
BOULEVARD AND WEST 31ST STREET IN THE CITY OF PUEBLO
SUMMARY:
Attached is a Resolution authorizing the City of Pueblo to grant a twelve (12) month extension of
conditional waivers of fees for wastewater utility tap and plant investment fees totaling $317,020
and other development fees totaling an additional estimated $60,000 requested by the developer
of the Pueblo Springs Apartments, located in the southwest corner of North Pueblo Boulevard
st
and West 31 Street.
PREVIOUS COUNCIL ACTIONS:
City Council has previously approved Resolution No. 14433 on July 13, 2020, granting conditional
waivers of fees for wastewater utility tap and plant investment fees totaling $317,020 for the
Pueblo Springs Apartments, located in the southwest corner of North Pueblo Boulevard and West
st
31 Street in the City of Pueblo..
BACKGROUND:
City Council approved Resolution No. 14433 on July 13, 2020 granting conditional waivers of fees
for wastewater utility tap and plant investment fees totaling $317,020 for the Pueblo Springs
Apartments. The waiver of these fees was granted through July 31, 2021, unless on or before
that date, the developer satisfactorily completed the following milestones:
a. Annexation of the 20-acre parcel into the corporate limits of the City of Pueblo
b. Rezoning of the property within the City.
c. Subdivision of the property.
These milestones have progressed, but not within the original timeline established in the July 13,
2020 Resolution. This Resolution extends the grant of the fee waivers for a one-year period to an
expiration date of July 31, 2022. The original owner of the property sold the property to the
apartment developer, Emery Chukly, in 2020 which resulted in the resubmittal of the annexation
petitions creating nearly a 12 month in a delay in the completion of the annexation of property into
the City. The annexation was approved by City Council on November 10, 2021. The initial zoning
of the property within the City was approved by City Council on November 22, 2021. A two-lot
subdivision application was submitted by the developer on October 6, 2021 and is scheduled to
be reviewed by the City Planning & Zoning Commission (“P&Z”) on December 8, 2021. Following
the P&Z review the subdivision will be scheduled for Part 1 approval by City Council at the end of
January 2022. The Part 2 approval and recording of the subdivision will likely be completed by
April 2022. In addition to the Wastewater Fee waivers, the applicant is requesting the waiver of
fees in-lieu of park dedication assessments, commercial multi-family site plan fees, fire inspection
and concrete inspection fees for this project.
This new apartment project, while taking approximately a year longer than originally envisioned,
will significantly impact the need for new large-scale multifamily housing within the City of Pueblo.
The addition of approximately 300 new apartment units will result in the recovery of sales and use
tax revenue associated with the construction of the project and future real property tax revenue
in amounts far in excess of the fee waivers.
FINANCIAL IMPLICATIONS:
The Wastewater Utility will not receive tap and plant investment fees, and the General Fund and
Park Escrow Fund will not receive fees for this project as follows:
Fee Type Amount
Tap Fees $171,820
Plant Investment Fees $145,200
Park Escrow Funds $ 51,520
Commercial Site Plan Fees $ 2,500
Fire Inspection Fees $ 1,500
Concrete Inspection Fees $ 100
Total $372,640
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
Failure to approve this Resolution will likely significantly delay or make the Pueblo Springs
Apartments Project financially unfeasible.
RECOMMENDATIONS:
Approval of the Resolution.
Attachments:
Proposed Resolution