HomeMy WebLinkAbout10004Reception 2264833
02/15/2022 03:30:29 PM
ORDINANCE NO. 10004
AN ORDINANCE VACATING APPROXIMATELY 163 FEET OF
BATES LANE BEGINNING AT EAST ABRIENDO AVENUE AND
EXTENDING NORTH TOWARDS CHURCH PLACE
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street:
A portion of Newton Avenue, being 66 feet wide, lying within the Southwest 1/4 of
Section 36, Township 20 South, Range 65 West, of the Sixth P.M., being located
in the City and County of Pueblo, State of Colorado, being more particularly
described as follows:
BEGINNING at the southern most corner of the land described in that Quit Claim
Deed recorded under Reception No. 2179953 in the Official Public Records of
Pueblo County, Colorado; thence along the southeast line of said land,
N36°54'23"E, (Bearings are relative to a portion of the south line of the land
described in that Quit Claim Deed recorded under Reception No. 2179953 in the
Official Public Records of Pueblo County, Colorado, having a recorded bearing
and distance of S36°54'23"W, a distance of 166.52 feet), a distance of 162.97 feet;
thence S46°24'34"E, a distance of 66.45 feet, to the northwest corner of Lot 5,
Block Q, of the Plat of South Pueblo recorded December 13, 1872 at Pages 4-5,
Book 2B of the Official Public Records of Pueblo County, Colorado; thence along
the west line of said Lot 5, S36°5423"W, a distance of 163.44 feet, to a point on
the north right of way line of West Abriendo Avenue; thence along the north right
of way line of said Abriendo Avenue, N46°00'36"W, a distance of 66.51 feet, to the
POINT OF BEGINNING.
Containing 10,772 Sq. Ft. or 0.247 acres, more or less.
is hereby vacated.
SECTION 2.
The officers and staff of the City are authorized 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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty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.
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SECTION 4. III RI 1IILnIIli I FPI 104E 11I ��' I' III II t
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on August 23, 2021 .
Final adoption of Ordinance by City Council on September 13, 2021 .
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President of City Council
Action by the Mayor:
Approved on..A1Pai`)-
O Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor'sveto.
❑ Ordinance re-adopted on a vote of , on
O Council action on failed to override the Mayor's veto.
President of City Council
ATTEST •
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City Clerk’s Office Item # R-3
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: August 23, 2021
TO: President Lawrence W. Atencio and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director of Planning and Community Development
SUBJECT: AN ORDINANCE VACATING APPROXIMATELY 163 FEET OF BATES
LANE BEGINNING AT EAST ABRIENDO AVENUE AND EXTENDING
NORTH TOWARDS CHURCH PLACE
SUMMARY:
The applicant is requesting to vacate 163 feet Bates Lane beginning at East Abriendo
Avenue and extending north towards Church Place.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The purpose of this vacation is to facilitate development of an outdoor amphitheater
underneath the library catwalk and create a mobility plaza that will provide a more
accessible entrance to the library. The amphitheater will be constructed with a crusher
fine surface and moveable concrete benches to allow for access to the utility lines running
under Bates Lane. The accessible entrance will feature a drop-off and pick-up area as
well as ADA accessible parking spaces. The existing ADA parking spaces are
approximately 130 feet from the front entry, with the proposed vacation and
redevelopment, ADA parking spaces will be seventy feet from the front entry and the drop-
off/pic-up area will be approximately twenty feet from the front entry making the library
more accessible. A small portion of Bates Lane will remain operational as an exit from the
eastern parking lot. The sanitary sewer main will remain in the northern portion of the un-
vacated Bates Lane. The drive through book drop will continue to be accessed from Bates
Lane near the intersection of Church Place and Bates Lane.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their June 9, 2021, Regular Meeting, voted 5-
0 to recommend approval, Commissioner Avalos absent.
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, Bates Lane will remain and the proposed
outdoor amphitheater and mobility plaza will not be constructed.
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 June 9, 2021 Public Hearing
Memorandum from the Department of Public Works Dated August 12, 2021
Planning and Zoning Commission Staff Report with Attachments and Exhibits