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Home My WebLink About10983 City Clerk's Office Item # S5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 23, 2025 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 COMPASS POINTE SUBDIVISION SUMMARY: The applicant is requesting to subdivide 14.17-acres into one large lot to facilitate development of a multi-family residential structures and related amenities. PREVIOUS COUNCIL ACTION: On September 26, 2022, City Council approved Ordinance 10277 which rezoned the property from R-2, Single-Family Residential Zone District to R-4, Mixed Residential Zone District. BACKGROUND: The subject property consists of 14.17 acres of undeveloped land located west of Eva Baca Elementary School and south of Oakshire Lane. The Kittle Property Group, a national multifamily residential development company is working with the property owners to subdivide the land into one large lot to facilitate the construction of an apartment complex. According to the rezoning staff report, Z-22-12, the property will be developed with apartment buildings, a clubhouse, swimming pool, playground, and a dog park. The project will comply with the 1.5 parking spaces per dwelling unit required by the municipal code. The proposed Compass Pointe Subdivision consists of one 14.17-acre lot that includes internal public access and utility easements to provide circulation as well as access to each residential and accessory structure that is planned for construction. East 14th, 15th, 16th, and 17th Streets terminate at the eastern boundary of the proposed lot. A 30-foot public access easement will connect East 14th Street to East 15th Street, and another 30-foot public access easement will connect East 16th Street to East 17th Street, allowing traffic to circle the end of each block rather than maneuvering in a cul-de-sac turnaround. The Kittle Property Group is requesting to provide cash in lieu of providing public park land dedication for this subdivision. Steven Meier, City of Pueblo Parks and Recreation Director, has determined the cash-in-lieu payment is acceptable since the proposed outdoor amenities are reserved for tenants and the development is located directly west of the Eastwood and Eva Baca School Park. The appropriate payment amount will be determined with the Part II subdivision process. An off-site drainage easement crossing City of Pueblo owned property will be required to be provided by separate deed prior to the ordinance becoming effective. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 9, 2025 Regular Meeting, voted 5-1 to recommend approval, Boston was excused. 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 subdivided 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-25-01 Attachments ORDINANCE NO.10983 AN ORDINANCE APPROVING THE COMPASS POINTE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The final plat of the Compass Pointe Subdivision, being a subdivision of land legally described as: ALL OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4; EXCEPT THE SOUTH 60 FEET CONVEYED TO PUEBLO, A MUNICIPAL CORPORATION, IN INSTRUMENT RECORDED AUGUST 23, 1967 IN BOOK 1620 AT PAGE 675,THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4; AND THE NORTH 260 FEET OF THE WEST 257.5 FEET OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 28, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO, EXCEPT THAT PORTION NOW PLATTED AS SAGEBRUSH HEIGHTS SUBDIVISION, 2ND FILING, 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 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 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. The subdivision is approved with the following conditions: 1. City Council approval of and full executed easement agreement relating to stormwater detention pond outfall facility across Parcel No. 428250001 prior to recording of plat. SECTION 6. This Ordinance shall be approved upon on the date of final action by the Mayor and City Council 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. Action by City Council: Introduced and initial adoption of Ordinance by City Council on June 09, 2025. Final adoption of Ordinance by City Council on June 23, 2025. ____________________________ 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