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HomeMy WebLinkAbout09099Reception 2063385 03/02/2017 05306:44 AM ORDINANCE NO. 9099 AN ORDINANCE VACATING A PEDESTRIAN EASEMENT LOCATED WITHIN LOT 8, BLOCK 3, WEST LEE HILLS, FILING NO 1 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following easement: The 10-foot Pedestrian Easement adjacent to the northeasterly line of Lot 8, Block 3, shown of the plat of West Lee Hills, Filing No. 1, in the City of Pueblo, filed for record April 22, 2005 as Reception Number 1616742. 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. SECTION 3. This Ordinance shall be approved but shall not become effective until the final vacation plat is recorded in the office of the Pueblo County Clerk and Recorder. If the vacation plat is not recorded within one (1) year after of this Ordinance, or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant. No vested rights shall accrue to the subdivision or be acquired until this Ordinance becomes effective. INTRODUCED: February 13, 2017 vo 440 044 ► 4 BY: Ed Brown h r 4/7"01 i.4.0 PE IVIN PPROVED.Or •• f '..- PR 9 T OF CITY COUNCIL , iMlrllllli ll l ti°/ ATTESTED BY: k 3.j,,, ' , 4."54 3=! PASSED AND APPROVED: February 27, 2017 City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: February 13, 2017 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 A PEDESTRIAN EASEMENT LOCATED WITHIN LOT 8, BLOCK 3, WEST LEE HILLS, FILING NO 1 SUMMARY: The applicant is requesting to vacate the pedestrian easement along the northeasterly line of Lot 8, Block 3, West Lee Hills, Filing No. 1 PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting to vacate the 10-foot wide pedestrian easement, located at the side of Lot 8, Block 3, West Lee Hills Subdivision, Filing No. 1. In 2005 the plat of West Lee Hills Subdivision was recorded, providing a pedestrian easement between lots 7 and 8, providing access to the trail that is built behind the homes along Savannah Drive. The applicant is seeking approval to vacate this easement to utilize more area of the property. The trail has not been constructed in this easement and given the location of the planned trail system in the 2040 PACOG Trail Plan, there is not a need to construct the trail at this location. The trail is planned to connect to Savannah Drive along the west side of Lot 13 (6 lots to the west of the pedestrian easement in question.) FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their December 14, 2016 Regular Meeting, voted 5-0 (Latka and Castellucci absent) to recommend approval. 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 pedestrian easement would remain. 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 December 14, 2016 Public Hearing Memorandum from the Department of Public Works Dated January 24, 2017 Planning and Zoning Commission Staff Report with Exhibits