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HomeMy WebLinkAbout08726Reception 1973267 04/25/2014 09:35:00 AM ORDINANCE NO. 8726 AN ORDINANCE VACATING THE UTILITY EASEMENT LOCATED WITHIN LOT 1, BELMONT APARTMENTS SUBDIVISION, MORE COMMONLY KNOWN AS 2020 JERRY MURPHY ROAD BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described utility easement: All of the utility easement located in Lot 1, Block 401, in Belmont Forty - First Filing according to the recorded plat thereof as filed for record at Book 1678 at Page 406 in the Pueblo County records. is hereby vacated. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION3. This Ordinance shall become effective immediately upon final passage and A c 0 1 approv , w ` vG INTRODUCED: March 24, 2014 ° BY: Chris Nicoll • e COUNCIL PERSON / APPROVED: 'LI td / ' t" • A PRESIDENT OF CITY C enCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: April 14, 2014 City Clerk’s Office Item # R-11 REGULAR MEETING AGENDA ITEM COUNCIL MEETING DATE: March 24, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier – Planning and Community Development SUBJECT:AN ORDINANCE VACATING THE UTILITY EASEMENT LOCATED WITHIN LOT 1, BELMONT APARTMENTS SUBDIVISION, MORE COMMONLY KNOWN AS 2020 JERRY MURPHY ROAD SUMMARY: The applicant is requesting to vacate the utility easement located within Lot 1, Belmont Apartments Subdivision. PREVIOUS COUNCIL ACTION: The Belmont Apartments Subdivision was passed and approved by Ordinance 8701 on February 10, 2014. BACKGROUND: st The 10’ utility easement was platted with the Belmont Subdivision, 41 filing in 1970. The apartment buildings were constructed in 1972 and were built over the existing lot lines and easement. The property was recently resubdivided into a one-lot subdivision to remove internal lot lines in the property. This request is to vacate the easement that is along those internal lot lines. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their February 12, 2014 Regular Meeting, voted 5-0 to recommend approval with Commissioners Kaufman and Latka absent. 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. A Public Notice poster was placed on the subject property 15 days prior to the Public Hearing. The applicant was represented at the Planning and Zoning Commission Public Hearing by NorthStar Engineering who testified in favor of the application. ALTERNATIVES: Buildings on the subject property presently do not conform to the City’s Zoning requirements due to the fact that they are constructed over this unnecessary easement. Denial of the vacation would negatively affect the property owners’ ability to refinance the property. RECOMMENDATION: Approval of the Ordinance. PROPOSED MOTION: This Ordinance will be placed on the March 24, 2014 Consent Agenda for First Presentation and on the April 14, 2014 Regular Agenda for Final Presentation and Public Hearing. Attachments: Minutes of the Planning and Zoning Commission February 12, 2014 Public Hearing Memorandum from the Department of Public Works Dated February 26, 2014 Planning and Zoning Commission Staff Report with Exhibits