HomeMy WebLinkAbout10173*
ORDINANCE NO. 10173
AN ORDINANCE VACATING PORTIONS OF PLATTED
STREETS AND ALLEYS OF SOUTH BRADFORD STREET,
KELLY AVENUE, AND RIVER STREET
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described streets and alleys :
CERTAIN STREETS TO BE VACATED
WITHIN BLOCKS 15, 16 AND 17, PLAN OF PUEBLO, MADE FOR THE
PROBATE JUDGE OF
PUEBLO COUNTY,DATED 1869 AND
BLOCKS 4 AND 6, KELLY ADDITION
LOCATED IN SECTION 31, T-20-S R-64-W, 6TH PM PUEBLO COUNTY,CO
DESCRIPTION:
ALL OF PLATTED RIVER STREET ADJACENT TO BLOCKS 15, 16
AND 17,PLAN OF PUEBLO,MADE FOR THE PROBATE JUDGE OF
PUEBLO COUNTY, DATED 1869.
AND
ALL OF PLATTED BRADFORD STREET ADJACENT TO BLOCKS 15 AND 16,
PLAN OF PUEBLO, MADE FOR THE PROBATE JUDGE OF PUEBLO COUNTY,
DATED 1859.
AND
ALL OF THE PLATTED ALLEY, BLOCK 15,PLAN OF PUEBLO,MADE
FOR THE PROBATE JUDGE OF PUEBLO COUNTY,DATED 1859.
AND
ALL OF UNVACATED PRESENT KELLY AVENUE LOCATED IN THE Wl/2 OF
SECTION 31, T-20-S R-64-W, 6TH PM.
RESERVATIONS: ALL OF VACATED RIVER STREET,BRADFORD STREET,
KELLY AVENUE AND ALLEY IS RESERVED FOR USE BY UTILITIES
PRESENTLY EXISTING IN SAID VACATED AREA. RESERVATIONS WILL
TERMINATE UPON REMOVAL OF ALL EXISTING FACILITIES.
are 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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty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.
SECTION 4.
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 April 25, 2022 .
Final adoption of Ordinance by City Council on May 9, 2022 .
President of City Council
Action by the Mayor:
☒ Approved on May 11, 2022 .
□ 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'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
City Clerk
City Clerk’s Office Item # R-6
BACKGROUND PAPER FOR PROPOSED
ORDINANCE
COUNCIL MEETING DATE: April 25, 2022
TO: President Heather Graham 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 PORTIONS OF PLATTED STREETS AND ALLEYS
OF SOUTH BRADFORD STREET, KELLY AVENUE, AND RIVER STREET
SUMMARY:
The Colorado Department of Transportation (CDOT) is requesting to vacate portions of the
following unimproved public rights-of-way within the reconfigured right-of-way of Interstate 25:
South Bradford Steet and adjacent alley to the west, both public rights-of-way are located south
of City Center Drive and east of Interstate-25; East River Street located west of South Bradford
Street and east of Interstate-25; and the present Kelly Avenue (Freeway Change Agreement, 10-
30-1957) south of City Center Drive and east of Interstate-25.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
CDOT is requesting to vacate portions of the following platted streets and alleys contained within
the new City Center and I-25 interchange as follows:
South Bradford Street located east of I-25 and south of City Center Drive. The area of
South Bradford Street is approximately 332 feet long and 80 feet wide, located in Kramer’s
Subdivision.
Kelly Avenue is divided into two parts by platted East River Street. The south half of Kelly
Avenue is approximately 32 feet wide and 509 feet long. The north half of Kelly Avenue is
approximately 32 feet wide and 123 feet long.
River Street was platted to connect Hector Garcia Place (which was previously River St)
and East River Street before I-25 was constructed. River Street is located within the
Baxter’s, Amin Santa Fe, and Kramer’s Subdivisions and is approximately 81 feet wide
and 537 feet long.
The last platted access being vacated is an alley located between the Kramer’s and
Baxter’s Subdivisions. The platted alley is approximately 16 feet wide and 356 feet long.
The purpose of this expansive vacation request is to clear up previously platted roadways which
are now part of the CDOT right-of-way for I-25. All the above-mentioned roads and alleys were
only platted and were never built. CDOT is requesting the vacation to eliminate platted roads
within their current right-of-way, adjacent to I-25. According to CDOT, the interstate was originally
constructed prior to the vacation of the platted rights-of-way and there is no utility work planned
in the area, no future roadways, and existing fencing will not be removed. When the Ilex and City
Center interchanges to I-25 were realigned, CDOT agreed to complete this vacation process to
eliminate these platted roads and alleys that are now currently within CDOT’s right-of-way. All
utilities have already been relocated and any remaining utilities with in the CDOT right-of-way are
permitted.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their March 9, 2022, 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 unimproved platted roads and alleys that are
currently within CDOT’s right-of-way would remain.
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 March 9, 2022 Public Hearing
Memorandum from the Department of Public Works Dated April 6, 2022
Planning and Zoning Commission Staff Report with Attachments and Exhibits