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HomeMy WebLinkAbout09337Reception 2122795 11/13/2018 02:19:23 PM ORDINANCE NO. 9337 AN ORDINANCE VACATING RUSS AVENUE, NORTH OF EAST ARROYO AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following street: All of Russ Avenue adjacent to Block 3 and 4, Laibach Third Filing, according to the recorded plat thereof, filed for record October 30, 1917 in Book 11 at Page 12 in the records of the Pueblo County Clerk and Recorder, lying south of the Alley and north of East Arroyo Avenue adjacent to said Block 3 and 4. is hereby vacated. SECTION 2. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Ordinance to implement 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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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. 4$SLQ'co 044 ► : " t°. INTRODUCED: AUGUST 13, 2018 k , , "r N` ' v.:;_i.iC BY: Ed Brown MEM: ' a . i 111;r IL . .,„,,,,,,,„........_1 if Figiitigo. • APPROVED: ------ ,04 c " 'allimul PR SIDENT OF CITY COUNCIL ATTEST `1 .":\_-.4.)Uflainc altilliticAE, ACTING CITY CLERK PASSED AND APPROVED: August 27, 2018 City Clerk’s Office Item # R-12 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 13, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE VACATING RUSS AVENUE, NORTH OF EAST ARROYO AVENUE SUMMARY: The applicant is requesting to vacate the portion of Russ Avenue that is located north of East Arroyo Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The applicant is requesting a vacation of Russ Avenue located between Lot 10, Block 3, Laibach rdrd 3 Filing and Lot 1, Block 4, Laibach 3 Filing. The existing platted street connects Northern Avenue to the alley behind Lots 1 through 4 and to the north of Lot 5. Russ Avenue, north of Arroyo Avenue was never constructed due to the elevation differences in Russ Avenue. The vacation of the street will allow the applicant to utilize the vacated street for private use and future development. The application for the street vacation was sent to the Public Works Department, Transportation Department, and the utility companies for their response and comment. There are no responses from the referral agencies in opposition to the proposed vacation. There are no utilities located within this portion of Russ Avenue. FINANCIAL IMPLICATIONS: There are no financial implications for the City as this roadway was not improved or maintained by the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their July 11, 2018 Regular Meeting, voted 7-0 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 current street would remain and would impede the applicant’s ability to develop the property. 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 11, 2018 Public Hearing Memorandum from the Department of Public Works Dated July 16, 2018 Planning and Zoning Commission Staff Report with Exhibits