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HomeMy WebLinkAbout08739Reception 1987436 10/15/2014 02:26:58 P11 ORDINANCE NO. 8739 AN ORDINANCE VACATING THE LANDSCAPE, PEDESTRIAN, DRAINAGE, AND PUBLIC UTILITY EASEMENTS LOCATED WITHIN BLOCKS 5 THROUGH 8, BELLA VISTA SUBDIVISION FILING 2, GENERALLY LOCATED BETWEEN RIDGE DRIVE AND OUTLOOK BOULEVARD AND SOUTH OF PRIMROSE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described easements: All of the Drainage, Public Utility, Private Utility, Ingress/Egress, Pedestrian, Parking, and Landscaping Easements in Parcel N all being in Bella Vista Subdivision according to the recorded plat thereof as filed for record at Reception No. 1745615 in the Pueblo County Records. AND All of the Drainage and Public Utility Easements in Lots 1 through 5 both inclusive and Lot 10, Block 6, all being in Bella Vista Subdivision, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1795307 in the Pueblo County Records. AND All of the Public Utility Easements in Lots 1 through 4 both inclusive, Block 5, all being in Bella Vista Subdivision, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1795307 in the Pueblo County Records. AND All of the Landscaping, Pedestrian, Public Utility and Drainage Easements in Parcel B all being in Bella Vista Subdivision, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1795307 in the Pueblo County Records. AND All of the Drainage, Public Utility, Private Utility, Ingress/Egress, Pedestrian, Parking and Landscaping Easements in Parcel C all being in Bella Vista Subdivision, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1795307 in the Pueblo County Records. • 1987436 ORD 10/15/2014 02:26:58 PM Page: 2 of 2 R 16.00 D 0.00 1 16.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co AND EDI R&M Nig ti III All of the Landscaping, Pedestrian, Public Utility and Drainage Easements in Parcel D all being in Bella Vista Subdivision, Filing No. 2 according to the recorded plat thereof as filed for record at Reception No. 1795307 in the Pueblo County Records. are 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. SECTION 3. This Ordinance shall become effective immediately upon final passage and approval. -4 LO. 4$�: ` 'c©'C0\ INTRODUCED: MAY 12, 2014 I VI/ / ,'' Chris Kaufman 1 �r_ • f_i01.5406-i • COUNCIL PERSON \ , iiii 1.1111 e '� APPROVED: 2 C�' tI ice• / PRESIDENT OF CITY`aNCIL ATTESTED BY: 1 \� _ QTY CLERK 2014 PASSED AND APPROVED: May 27, City Clerk’s Office Item # R-3 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 12, 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 LANDSCAPE, PEDESTRIAN, DRAINAGE, AND PUBLIC UTILITY EASEMENTS LOCATED WITHIN BLOCKS 5 THROUGH 8, BELLA VISTA SUBDIVISION FILING 2, GENERALLY LOCATED BETWEEN RIDGE DRIVE AND OUTLOOK BOULEVARD AND SOUTH OF PRIMROSE SUMMARY: The applicant is requesting to vacate landscape, pedestrian, drainage and public utility easements located within Blocks 5 through 8, Bella Vista Subdivision Filing 2. PREVIOUS COUNCIL ACTION: rd The Bella Vista PUD, 3 Amendment and Bella Vista Subdivision, Filing No. 3 will be heard concurrently with this item. BACKGROUND: The applicant is proposing to construct several duplex units and a clubhouse for the expansion of the Primrose Assisted Living Facility. The proposed structures would be constructed over many of the existing lots, streets, and easements; therefore, necessitating a subdivision (S-14-01), and the vacation of the private streets and easements. Bella Vista Subdivision, Filing No. 2 was platted in 2009. At the time, the subdivision included 51 single family residential lots. The applicant is now requesting to merge 18 of those lots plus the private street into one (1) lot to facilitate expansion of the assisted living facility. Because the lots are being combined into a single lot, the streets and easements are no longer necessary, and impede the ability for the applicant to construct the buildings. There are no utilities in the easements, and none of the drainage easements are being used for stormwater conveyance. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their April 9, 2014 Regular Meeting, voted 6-0 to recommend approval with Commissioner Burrer 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: If City Council does not approve this Ordinance, the easements would remain and would impede the applicant’s ability to construct the buildings. 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: Minutes of the Planning and Zoning Commission April 9, 2014 Public Hearing Memorandum from the Department of Public Works Dated April 29, 2014 Planning and Zoning Commission Staff Report with Exhibits