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HomeMy WebLinkAbout10750 City Clerk's Office Item # R5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 12, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE APPROVING THE HISTORIC ARKANSAS RIVERWALK PROJECT, FILING NO. 4 SUBDIVISION SUMMARY: Subdivision and Hobso-acre subdivision generally located west of Santa Fe Avenue, north and east of Richmond Avenue, and south and east of Mechanic Street for the purpose of expanding the Riverwalk development. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to vacate (V-23-04) a portion of Mechanic Street and Richmond Avenue and portions of a 20-foot alley in the Central Pueblo Subdivision generally located west of Santa Fe Drive and at the intersection of Mechanic Street and Richmond Avenue. BACKGROUND: The subject property is located in Downtown Pueblo southeast of the Pueblo Convention Center and directly west of Santa Fe Avenue. The property is characterized by the recently vacated Ferguson Plumbing building and outdoor storage yard as well as Mechanic Street, Richmond Avenue, and an associated 20-foot alley. The purpose of this subdivision is to provide an extension of the HARP/Riverwalk project to the east and provide parking for a new Boat House and HARP office. These parcels were recently rezoned from I-2 and I-3, Industrial and Heavy Industrial Zone Districts to S-1, Governmental Use with Ordinance number 10562, September 25, 2023. The proposed development was included in the HARP Future Development prepared by Designs Studio West in 2010. The proposed subdivision will reassemble approximately twenty- five lots platted between 1888 to 1912 and associated vacated rights-of-way into a single two lot subdivision. Three parcels/addresses will be subsumed in the new subdivision, 175 S. Santa Fe Avenue parcel 536426004, 209 S. Santa Fe Avenue parcel 536426005, and 131 N. Mechanic Street, parcel 536425003. Proposed Lot 1 will span 1.9 acres and house the expanded Riverwalk channel, associated amenities, and a gated parking lot for HARP staff. Lot 2 will cover 1.1 will be a commercial development site. Legal access to both lots will be gained through Santa Fe Avenue. The attached figure illustrates the proposed future design of the new subdivision and Riverwalk expansion. 131 Mechanic Street and 175 S. Santa Fe Avenue were acquired by the City from Ferguson Plumbing recently and 209 S. Santa Fe was deeded to the City by the Pueblo Urban Renewal Authority in 2001 for the purposes of expanding the riverwalk channel. This subdivision will contain the vacated rights-of-way for Mechanic Street, Richmond Avenue and a 20-foot alley. The Mechanic and Richmond Avenue vacated rights-of-way will retain a reservation as a public utility easement. The southernly portion of mechanic street will retain a reservation as a public utility easement and sanitary sewer easement. The 20-foot alley will retain a reservation for sewer and public utility easement, all reserved easements on all three vacated rights of way will be vacated and terminated with the removal of said utilities. The proposed project has been identified since 2010 and consists of extending the river channel approximately 320 feet to the north and east. The channel will terminate with a bulb adjacent to Santa Fe Avenue and house a ten-foot sidewalk, landscaping, greenspace, and paved parking. The City will maintain access for deliveries to the rear of the convention center on the vacated portions of Mechanic Street, the exact wording will be resolved before the subdivision goes to City Council. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 13, 2024 Regular Meeting, voted 7-0 to recommend approval with one condition. 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 HARP Project. 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-23-06 Combined Attachments ORDINANCE NO. 10750 AN ORDINANCE APPROVING THE HISTORIC ARKANSAS RIVERWALK PROJECT, FILING NO. 4 SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Historic Arkansas Riverwalk Project, Filing No. 4 Subdivision, being a subdivision of land legally described as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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 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 ons 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 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 July 22, 2024. Final adoption of Ordinance by City Council on August 12, 2024. ____________________________ President of City Council Action by the Mayor: Approved on _______________. 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 _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk