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HomeMy WebLinkAbout11191ORDINANCE NO. 11191 AN ORDINANCE AUTHORIZING THE CITY OF PUEBLO TO GRANT A CONDITIONAL WAIVER OF FEES RELATING TO WASTEWATER CONNECTION FEES TOTALING A MAXIMUM OF $236,170 FOR PHASE II OF THE PUEBLO SPRINGS APARTMENTS LOCATED IN THE SOUTHEAST CORNER OF THE PUEBLO SPRINGS APARTMENTS SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City of Pueblo, acting by and through its Wastewater Enterprise, hereby grants a waiver of Wastewater sanitary sewer connection fees up to a maximum amount of $236,170 to the Pueblo Springs Apartments, located in the southeast corner of the Pueblo Springs Apartments Subdivision. SECTION 2. The waiver of Wastewater fees as provided in this Resolution will expire on May 25, 2027, 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 4.75-acre complex, successful completion of the following milestones: a. Rezoning of the property. b. Southern Colorado Regional Building Permit approval for the Pueblo Springs Apartments, Phase II, which includes multifamily residential structures containing 113 dwelling units and associated accessory structures. SECTION 3. Pueblo Springs Apartments shall not begin construction of improvements on its 4.75- acre property until the satisfaction of the conditions set forth in Section 2 of this Ordinance. SECTION 4. The May 25, 2027, deadline, specified in Section 2, shall be extended as follows, upon the occurrence of the following event: a. If the U.S. Department of Housing and Urban Development or a conventional lender does not approve the financing for Pueblo Springs Apartments Phase II by May 25, 2027, the deadline shall be extended for an additional six (6) months. SECTION 5. This Ordinance shall not serve as a precedent for the granting of waivers of Wastewater fees in the future. The decision to grant a waiver of wastewater connection fees to Phase II, Pueblo Springs Apartments was based on the particular facts surrounding the Pueblo Springs Apartments development and a rational assessment of the benefits to the City. SECTION 6. The officers of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 7. This Ordinance shall become effective immediately upon final passage. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 26, 2026. Final adoption of Ordinance by City Council on June 8, 2026. ____________________________ 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 City Clerk's Office Item # R8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 8, 2026 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Clyde Bishop, City Clerk FROM: Beritt Odom, Director Planning and Community Development SUBJECT: AN ORDINANCE AUTHORIZING THE CITY OF PUEBLO TO GRANT A CONDITIONAL WAIVER OF FEES RELATING TO WASTEWATER CONNECTION FEES TOTALING A MAXIMUM OF $236,170 FOR PHASE II OF THE PUEBLO SPRINGS APARTMENTS LOCATED IN THE SOUTHEAST CORNER OF THE PUEBLO SPRINGS APARTMENTS SUBDIVISION SUMMARY: Attached is a proposed Ordinance authorizing the City of Pueblo to grant a conditional waiver of fees for wastewater connection fees totaling up to $236,170 requested by the developer of the Pueblo Springs Apartments, Phase II. PREVIOUS COUNCIL ACTION: In July 2020, Council approved Resolution No. 14433 granting a conditional fee waiver totaling up to $317,020 requested by the developer of Pueblo Springs Apartments for Phase I of this project. In December 2021, Council approved Resolution N. 14768 granting a twelve-month extension on the previous waiver and authorizing an additional estimated $60,000 in waived development fees. In June 2023, Council approved Resolution No. 15258 granting an additional extension and an increase in waived fees up to a maximum amount of $653,400. In February 2024, Council approved Resolution No. 15507 granting an additional extension BACKGROUND: Pueblo Springs Apartments Phase II is a proposed 113-unit apartment complex to be constructed on Lot 2, Block 1, Pueblo Springs Apartments Subdivision, which is located in the southeast corner of the Pueblo Springs Apartments Subdivision. The project will provide housing for new and existing residents of the City. As an incentive to reduce the overall costs of construction of this project, the waiver of fees for the wastewater connection has been requested by the developer. Under the attached proposed Ordinance, the waiver of the Wastewater fees will expire on May 25, 2027, unless on or before that date, the developer provides satisfactory proof of the following: 1. With respect to Pueblo Springs Apartments 4.75-acre complex, successful completion of the following milestones: a. Rezoning of the property. b. City of Pueblo Building Permit approval for the Pueblo Springs Apartments, Phase II, which includes multifamily residential structures containing 113 dwelling units and associated accessory structures. FINANCIAL IMPLICATIONS: The Wastewater will not receive connection fees for this project as follows: Fee Type Amount Sanitary Sewer Connection $236,170 Fee Total $236,170 BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to approve this Ordinance will likely significantly delay or make Phase II Pueblo Springs Apartments Project financially unfeasible. RECOMMENDATION: Approve the Ordinance. ATTACHMENTS: None.