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automatically be rescinded and repealed thirty (30) days after written notice of such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
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BY: Ed Brown
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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