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HomeMy WebLinkAbout09051Reception 2105122 05/11/2018 ORDINANCE NO. 9051 ali AN ORDINANCE VACATING THE MASS STREET, WEST OF KENNEDY STREET 0 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: o SECTION 1. O. mµi The following street: 1.0 Nm ..ova 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. m = 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or within any extended period granted by Resolution of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and =-•-- - iven to the applicant. 4 7t3LO,C 04,41 °.,) INTRODUCED: September 26, 2016 N jz' `71 '> J\ c ` BY: Ed own , -Ei. CIL PERSO • - .► •►. ,oma • ,, .. D APPRO . i g 11 Ao PR = -CITY COON IL hrtr ATTESTE I r L 10. ! _ _ —-i /ix CITY CLERK 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