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Home My WebLink About10476 City Clerk's Office Item # R7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 12, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE COTTAGES AT PARK WEST SUBDIVISION SUMMARY: The applicant is requesting to re-subdivide Lot 2, Block 1, Park West Business Campus, Filing No.9. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to rezone 11.85 acres at the southern portion of Lot 2, Block 1 Park West Business Campus Filing No. 9 and is also requesting to create a Special Area Plan for Lot 1 of Cottages at Park West consisting of 11.83 acres. BACKGROUND: The subject property is located east of N. Pueblo Blvd. and south of Spaulding Ave. The Cottages at Park West, Subdivision is a re-subdivision of Lot 2, Block 1, Park West Business Campus, Filing No. 9, which was approved in 2014 and is included in the 2001 Qwanzo-Master Land Use Plan. The proposed subdivision divides the property into two lots, Lot 1 is proposed to be rezoned to R-5 and developed with 97 leased duplexes totaling 194 residential units. Lot 2, located south of Spaulding Ave., is intended for future commercial development. Lot 1 is proposed to be developed as a Special Area Plan, facilitating the unique development of multifamily residential housing in the form of 97 duplex structures, private access drives, and common open space/recreation amenities. Lot 1 dedicates an 18-foot western extension of Sanchez Lane, that terminates in a cul-de-sac. The individual duplex units will be accessed by internal private drives that will extend west from the Sanchez Lane cul-de-sac. Each dwelling unit will front the private drives, Sanchez Ln., Switchgrass Cir. or Blue Avena Ln, with a few duplexes fronting the internal greenspace. The Qwanzo Master Plan designates the project area as commercial and multifamily residential. According to the Master Plan, the northern portion of proposed Lot 1, is designated commercial and the southern portion is multifamily residential. The applicant is requesting to apply the multifamily residential use designation to all of Lot 1 facilitating development of the 97 rentable duplexes all on a single lot. Lot 2 is designated as commercial and will maintain the commercial zoning, in accordance with the approved Master Plan. The subdivision deviates from the approved master plan by not continuing Parker Blvd. to the south, through both lots. Although Park West Business Campus Filings 7 and 9, located to the south of this subdivision, were st approved without the extension of Parker Blvd. connecting with 31 Street (labeled as th 29 Street in the Qwanzo-Master Plan). Future development of Lot 2 may propose an extension of Parker Blvd. south to the northern property line of Lot 2, but a connection to 31st Street will not occur. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their October 12, 2022 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 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: 1. S-22-03 Attachments ORDINANCE NO. 10476 AN ORDINANCE APPROVING THE COTTAGES AT PARK WEST SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Cottages at Park West, being a subdivision of land legally described as: LOT 2, BLOCK 1, PARK WEST BUSINESS CAMPUS FILING NO. 9, RECORDED OCTOBER 01, 2014 IN THE OFFICE OF THE PUEBLO COUNTY CLERK AND RECORDER UNDER RECEPTION NO. 1986430, CITY AND COUNTY OF PUEBLO, STATE OF COLORADO. CONTAINING A PLAITED AREA OF 1,235,099 SQUARE FEET OR (28.35397 ACRES). 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 May 22, 2023. Final adoption of Ordinance by City Council on June 12, 2023. ____________________________ President of City Council Action by the Mayor: ☒ Approved on _June 14, 2023____. ☐ 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