HomeMy WebLinkAbout10280Reception 2299721
12/21/2022 10:12:25 AM
ORDINANCE NO. 10280
AN ORDINANCE VACATING A 20-FOOT PUBLIC UTILITY
EASEMENT BETWEEN PARCEL B, REARRANGEMENT OF
BOUNDARY LINES AND LOT 4, BLOCK 3, TRINITY
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following public utility easement:
ALL OF THE 20' PUBLIC UTILITY EASEMENT ADJACENT TO
LOTS 3 & 4, TRINITY SUBDIVISION AS RECORDED IN BOOK
2076, PAGE 311 AT RECEPTION #666623, JUNE 12, 1981 IN THE
PUEBLO COUNTY RECORDS, CITY OF PUEBLO, STATE OF
COLORADO
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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty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.
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 September 12, 2022 .
Final adoption of Ordinance by City Council on September 26, 2022 .
President o City Council
2299721 12.1:n/2022 10.12:25 AM
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Action by the Mayor: 11111 ii rPill 9Kt hli' P'1h4,�«"I 1,4 1111
yApproved on t -egggar, �
❑ Disapproved on based on the following objections:
I is
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
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City Clerk’s Office Item # R-10
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 12, 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 A 20-FOOT PUBLIC UTILITY EASEMENT
BETWEEN PARCEL B, REARRANGEMENT OF BOUNDARY LINES AND
LOT 4, BLOCK 3, TRINITY SUBDIVISION
SUMMARY:
The City is requesting to vacate a 20-foot public utility easement between Parcel B,
rearrangement of boundary lines and Lot 4, Block 3, Trinity Subdivision. The City is
concurrently requesting to rezone 1.52-acres along State Highway 96 and west of Victory
Lane.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The 20-foot Public Utility Easement (PUE) that is proposed to be vacated was subdivided
in 1981 to provide utility services to the individual lots created within the Trinity
Subdivision. The City is requesting to vacate the 20-foot PUE to facilitate the Trinity
Subdivision Rearrangement of Property Boundaries, which will create a building site for
the proposed replacement Fire Station 6. The proposed rearrangement of property
boundaries combines Parcel B, Rearrangement of Boundary Lines, and Lot 4, Block 3,
Trinity Subdivision to create a 1.52-acre building site for the new fire station. The PUE will
no longer be necessary once the two parcels are combined.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 10, 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 current alley would remain and would
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 August 10, 2022 Public Hearing
Memorandum from the Department of Public Works Dated August 11, 2022
Planning and Zoning Commission Staff Report with Attachments and Exhibits