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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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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. 2264333 02!13/2022 03.30'29 PIS Po e 2 2 . ,08.00 Gilbert Oroftiz CLeR c13/Reco00rdeDr0 Pu0eh!T o 1Count)'. Ce 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 . Ori Aga_�_ 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 • °° ' Ci y CI:rk ` -' Gr V ' T 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