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Home My WebLink About10322 ORDINANCE NO. 10322 AN ORDINANCE VACATING A PORTION OF SUMNER AVENUE, PEARL STREET AND BURDETTE AVENUE GENERALLY LOCATED AT SUMNER AVENUE AND PEARL STREET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described street and drainage and public utility easements: PORTIONS OF RIGHT-OF-WAY'S AS PLATTED IN DELAVAN PLACE, UNDER RECEPTION NUMBER 41969 RECORDS OF PUEBLO COUNTY, STATE OF COLORADO, BEING A PORTION OF THE WEST 1/2 OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH/ PRINCIPAL MERIDIAN COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: BASIS OF BEARINGS: THE CENTERLINE OF NELSON AVENUE BEING MONUMENTED AT THE WESTERLY END BY A CITY OF PUEBLO MONUMENT BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 31925" AT THE INTERSECTION OF NELSON AVENUE AND SUMNER AVENUE AND AT THE EASTERLY END BY A CITY OF PUEBLO MONUMENT BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 31925" AT THE PC OF NELSON AVENUE, BEING ASSUMED TO BEAR N77°55'17"E, A DISTANCE OF 239.46 FEET. RIGHT-OF-WAY VACATION - SUMNER AVENUE: COMMENCING AT THE SOUTHEAST CORNER OF LOT 21, BLOCK 2, DELAVAN PLACE, AS RECORDED UNDER RECEPTION NUMBER 41969, BEING ON THE NORTHERLY RIGHT-OF-WAY OF SUMNER AVENUE AS PLATTED IN SAID DELAVAN PLACE, SAID POINT BEING THE POINT OF BEGINNING, THENCE ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 01°58'49”, A RADIUS OF 1,195.96 FEET, A DISTANCE OF 41.43 FEET, WHOSE CHORD BEARS S27°21'34”E, A DISTANCE OF 41.34 FEET TO A POINT ON CURVE, SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID SUMNER AVENUE; THENCE S77°14'47”W, ON SAID SOUTHERLY RIGHT-OF-WAY LINE OF SUMNER AVENUE, A DISTANCE OF 178.35 FEET; THENCE N12°45'13”W, A DISTANCE OF 40.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID SUMNER AVENUE; THENCE N77°14'47”E, ON SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 167.93 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 6,921 SQUARE FEET OR 0.159 ACRES. RIGHT-OF-WAY VACATION - PEARL STREET: COMMENCING AT THE NORTHEAST CORNER OF LOT 11, BLOCK 4, DELAVAN PLACE, AS RECORDED UNDER RECEPTION NUMBER 41969, BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF PEARL STREET AS PLATTED IN SAID DELAVAN PLACE, SAID POINT BEING THE POINT OF BEGINNING; THENCE N77°14'47”E, A DISTANCE OF 40.02 FEET TO A POINT ON THE EASTERLY RIGHT- OF-WAY LINE OF SAID PEARL STREET; THENCE S14°37'03”E, ON SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 233.72 FEET; THENCE S62°14'02”W, A DISTANCE OF 41.08 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID PEARL STREET; THENCE N14°37'03”W ON SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 244.37 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 9,562 SQUARE FEET OR 0.220 ACRES. RIGHT-OF-WAY VACATION - BURDETTE AVENUE: COMMENCING AT THE MOST EASTERLY CORNER OF LOT 6, BLOCK 5, DELAVAN PLACE, AS RECORDED UNDER RECEPTION NUMBER 41969, BEING ON NORTHERLY RIGHT-OF-WAY LINE OF BURDETTE AVENUE, AS PLATTED IN SAID DELAVAN PLACE, SAID POINT BEING THE POINT OF BEGINNING; THENCE S36°53'04”E, ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID BURDETTE AVENUE, A DISTANCE OF 20.26 FEET TO THE CENTERLINE OF SAID BURDETTE AVENUE; THENCE S62°14'02”W, ON SAID CENTERLINE, A DISTANCE OF 57.34 FEET; THENCE S27°45'58”E, A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURDETTE AVENUE, SAID POINT BEING THE NORTHEAST CORNER OF LOT 6, BLOCK 6, SAID DELAVAN PLACE; THENCE S62°14'02”W ON SAID SOUTHERLY RIGHT-OF-WAY LINE, AND THE NORTHERLY BOUNDARY LINE OF SAID LOT 6, A DISTANCE OF 25.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 6; THENCE N27°45'58”W, A DISTANCE OF 20.00 FEET TO THE CENTERLINE OF SAID BURDETTE AVENUE THENCE S62°14'02”W, ON SAID CENTERLINE, A DISTANCE OF 42.27 FEET; THENCE S27°45'58”E, A DISTANCE OF 20.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURDETTE AVENUE, SAID POINT BEING THE NORTHEAST CORNER OF LOT 4, BLOCK 6, OF SAID DELAVAN PLACE; THENCE S62°14'02”W, ON SAID SOUTHERLY RIGHT-OF WAY LINE OF BURDETTE AVENUE, A DISTANCE OF 105.46 FEET TO THE NORTHWEST CORNER OF LOT 1, BLOCK 6, OF SAID DELAVAN PLACE; THENCE N14°37'03”W, A DISTANCE OF 41.08 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BURDETTE AVENUE; THENCE N62°14'02”E, ON SAID NORTHERLY RIGHT-OF- WAY LINE, A DISTANCE OF 217.52 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 6,992 SQUARE FEET OR 0.161 ACRES. 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW 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 October 24, 2022. Final adoption of Ordinance by City Council on November 14, 2022 . President of City Council Action by the Mayor: ☒ Approved on November 17, 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 # R5 Background Paper for Proposed Ordinance October 24, 2022 COUNCIL MEETING DATE: TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE VACATING A PORTION OF SUMNER AVENUE, PEARL STREET AND BURDETTE AVENUE GENERALLY LOCATED AT SUMNER AVENUE AND PEARL STREET SUMMARY: The applicant is requesting to vacate portions of three streets, Sumner Avenue, Pearl Street and Burdette Avenue. PREVIOUS COUNCIL ACTION: None. BACKGROUND: As part of a larger parcel assemblage for the purposes of erecting a new six story apartment complex and associated parking facilities, the applicant is proposing to vacate portions of three different streets and dedicate a 10-foot by 170-foot strip for Pearl Street extending north from Burnette Avenue to Sumner Avenue. The resulting land and portions of the vacated rights-of-way will be rearranged with case RPB-22-08 into one lot. The entire width of the eastern 170-feet of Sumner Avenue will be vacated. This section of Sumner dead ends at the steep bluff edge and provides no neighborhood connectivity. This section of vacated Sumner Avenue will be covered by the apartment building foundation. The entire 40-feet of Pearl Street (9,562 sq ft) between Sumner Avenue and Burdette Avenue will be vacated. Pearl Street is being vacated to facilitate construction of a six-story multifamily residential structure adjacent to the existing Pearl Street Roadway. If Pearl Street is not vacated, the R-5 Zone District would require a 25-foot setback from the property line adjacent to Pearl Street. Geographic site constraints provide minimal developable area, a 25-foot setback would render the development unfeasible. The vacation plat reserves a public ingress and egress easement, and public utility easement along the western 30-feet of vacated Pearl Street. The access reservation will allow utilities to remain in place and allow residents of the multifamily structure and the neighborhood to utilize Pearl as a public roadway. This section of Pearl Street will be developed according to the City’s private roadway standards, including paved roadway and sidewalks. Finally, an irregular 217- foot segment (6,992 sq/ ft.) of Burdette Avenue will be vacated; this street dead ends at the edge of the bluff. The western section of Burdette was previously vacated and developed with a single-family residence. The applicant owns all but two parcels adjacent to Burdette Avenue. The portions of Burdette Avenue that are not proposed to be vacated provide rear access to the two parcels held in separate ownership. A 23- foot-wide access easement, providing access from vacated Pearl Street to the rear portion of the parcels, in separate ownership, will be accepted by the City to ensure those parcels have adequate access to public rights-of-way if they were to develop in the future. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their September 14, 2022, Regular Meeting, voted 5-0 to recommend approval. Commissioners Martinez and Pasternak 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, Fir Street and multiple drainage and public utility easements would remain which will impede development of the site. 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: 1. V-22-06 Pearl, Sumner, Burdette