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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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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. 2182815 06/29/2020 03:30:07 PM Page: 2 of 2 R 18.00 0,0 .00 T 18.00 Gilbert Ortiz Clerk/Recorde , Pueblo County, co .111 �.rR '�IL h J ' '�flti fj:".'l'�f��' ���f'����k�l;�li4r�� gni i 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: A , 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 ATTEST Q,c"o, ti „ `�',/ City Clerk c I •�v ��- f 0 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