HomeMy WebLinkAbout09051Reception 2105122
05/11/2018
ORDINANCE NO. 9051
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AN ORDINANCE VACATING THE MASS STREET, WEST OF
KENNEDY STREET
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BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: o
SECTION 1. O.
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The following street: 1.0 Nm
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All that portion of MASS STREET, lying westerly of the Kennedy Street Right of Way, as shown mm Q c
on the plat of Belmont 2nd Filing, according to the recorded plat thereof on file in Book 16, at Mc,
Page 8, in the Pueblo County Clerk and Recorder's Office in Pueblo, CO. N
is hereby vacated. "s
SECTION 2.
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The officers and staff of the City are directed and authorized to perform any and all acts Nam
consistent with the intent of this Ordinance to effectuate the policies and procedures described herein.
SECTION 3.
The vacation is approved with the following conditions:
1. Upon approval of the vacation, construct full curb, gutter and sidewalk for the portion of
Mass Street that will be vacated, along Kennedy Street. The requirement of these
improvements shall be included in the Subdivision Improvement Agreement and shall be
constructed with the improvements associated with the Dill Subdivision.
2. An executed copy of the agreement between the Dill's and the Shaver's, and an executed
copy of the agreement between the Dill's and the Abeyta's regarding the improvements
made to the vacated Mass Street must be provided to the City of Pueblo.
SECTION 4.
This Ordinance shall be approved upon final passage but shall not become effective until: (a)
the specific conditions set forth in the above Section 3 have been satisfied and (b) the final vacation
plat is recorded in the office of the Pueblo County Clerk and Recorder. If any such approvals have
been deferred, 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Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such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 =-•-- - iven to the applicant.
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04,41 °.,) INTRODUCED: September 26, 2016
N jz' `71 '> J\ c ` BY: Ed own
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ATTESTE I r L 10. ! _ _ —-i
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PASSED AND APPROVED: October 11, 2016
City Clerk’s Office Item # R-7
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE:
September 26, 2016
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE VACATING MASS STREET, WEST OF KENNEDY STREET
SUMMARY:
The applicant is requesting to vacate Mass Street, west of Kennedy Street.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The applicant is requesting to vacate the dead-end section of Mass Street, which is east
of the property that they are subdividing concurrently with this request. The vacated
portion of Mass Street will be deeded to the property owners to the north and south of
Mass Street. Staff is recommending the applicant be required to construct curb, gutter
and sidewalk along Mass Street once the vacation is approved by City Council,
eliminating the confusion of Mass Street being a street.
As of the June 8, 2016 hearing, the applicant had not completed an agreement with the
adjacent property owners addressing the responsibilities for demolition of the vacated
section of Mass Street, and the installation of improvements including curb, gutter and
sidewalk within the vacated portions of the street. At the hearing, the applicant and
property owner to the south had not come to an agreement; therefore, the case was
continued to the July 13, 2016 hearing. As of July 8, 2016, the applicant has met with the
two adjacent property owners and worked out a plan for the vacated Mass Street. At this
point, the agreement has not been signed, but the applicant is under the impression that
they have come to a mutual consensus about the work that will be done and a signed
agreement is forthcoming.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their July 13, 2016 Regular Meeting, voted 5-
0-1 (Lujan-Slak absent and Castellucci abstained) to recommend approval with the
following conditions:
1. Upon approval of the vacation, construct full curb, gutter and sidewalk for the
portion of Mass Street that will be vacated, along Kennedy Street. The
requirement of these improvements shall be included in the Subdivision
Improvement Agreement and shall be constructed with the improvements
associated with the Dill Subdivision.
2. An executed copy of the agreement between the Dill’s and the Shaver’s, and an
executed copy of the agreement between the Dill’s and the Abeyta’s regarding
the improvements made to the vacated Mass Street must be provided to the
City of Pueblo.
Conditions of approval have not been complied with by the applicant.
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.
ALTERNATIVES:
If City Council does not approve this Ordinance, the street would remain in its current
configuration.
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 July 13, 2016
Public Hearing
Planning and Zoning Commission Staff Report with Exhibits