HomeMy WebLinkAbout09729Reception 2182815
06/29/2020 03:30:07 PM
ORDINANCE NO. 9729
AN ORDINANCE VACATING A DRAINAGE EASEMENT,
LOTS 1 AND 2, AUTOPLEX SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following easement:
THE NORTH 300 FEET OF THE 20 FOOT WIDE DRAINAGE EASEMENT
WITHIN LOT 1 AND LOT 2 OF AUTOPLEX SUBDIVISION ACCORDING TO THE
RECORDED PLAT THEREOF, FILED FOR RECORD AUGUST 3, 2000, AS
RECEPTION NO. 1344458 IN THE RECORDS OF THE PUEBLO COUNTY
CLERK AND RECORDER, LOCATED WITHIN A PORTION OF THE S '/2 OF THE
NW '/4 OF SECTION 14, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE
SIXTH PRINCIPAL MERIDIAN
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automatically be rescinded and repealed thirty (30) days after written notice of such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.
SECTION 4.
This Ordinance shall become effective on the date of final action by the Mayor and
City Council.
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Gilbert Ortiz Clerk/Recorde , Pueblo County, co
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Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 8, 2020 .
Final adoption of Ordinance by City Council on June 22 2020 .
Pre ide ' of City Council
Action by the Mayor:
Approved on -.J`u,,,e 4124,40
❑ Disapproved on based on the following objections:
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Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re-adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
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City Clerk’s Office Item # R-9
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: June 8, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE VACATING A DRAINAGE EASEMENT, LOTS 1 AND 2,
AUTOPLEX SUBDIVISION
SUMMARY:
The applicant is requesting to vacate a 20-foot Drainage Easement that runs the entire
length of the property line, 300-feet, that separates Lot 1 and Lot 2 Autoplex Subdivision
to facilitate future expansion of a hail net covering constructed to protect the vehicles
located on the Southwest Motors car lots.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject easement was established with the platting of the Autoplex Subdivision in
2000. The applicant is requesting to vacate the 20-foot wide Drainage Easement which
includes a 10-foot easement along the eastern property line of Lot 1 and a 10-foot
easement that runs along the western property line of Lot 2, Autoplex Subdivision. In
accordance with the applicant's request, their engineer's letter, and the City Stormwater
Department, the 20-foot wide easement does not need to be rededicated because the
subdivision has a functioning drainage system that is sufficient for the properties. The
vacation of the Drainage Easement is being requested to facilitate future expansion of a
hail net covering constructed to protect the vehicles located on the Southwest Motors car
lots.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their May 13, 2020 Regular Meeting, voted 6-
0 (Commissioner Schilling 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 easement would remain and 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: Proposed Ordinance
Minutes of the Planning and Zoning Commission May 13, 2020 Public
Hearing
Memorandum from the Department of Public Works Dated May 20, 2020
Planning and Zoning Commission Staff Report with Attachments and
Exhibits