HomeMy WebLinkAbout10557ORDINANCE NO. 10557
AN ORDINANCE VACATING A 0.167-ACRE DRAINAGE
EASEMENT WITHIN LOT 1 AND LOT 2 OF THE GREDIG
SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street and drainage and public utility easements:
A PORTION OF NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION
13, 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: THE WEST LINE OF LOT 2, GREDIG SUBDIVISION, AS RECORDED
IN THE PUEBLO COUNTY RECORDS UNDER RECEPTION NUMBER
1675082 ASSUMED TO BEAR N00°46'42"W A DISTANCE OF 249.90
FEET.
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 2, GREDIG SUBDIVISION,
THENCE N00°46'42"W, ON THE WESTERLY BOUNDARY LINE OF SAID LOT 2, A
DISTANCE OF 37.60 FEET; THENCE N89°13'47"E, A DISTANCE OF 187.50 FEET; THENCE
ON A CURVE TO THE RIGHT AND WITH A CENTRAL ANGLE OF 89°03'10 WITH A RADIUS
OF 7.51 FEET, A LENGTH OF 11.66 FEET; THENCE S00°44'23"E A DISTANCE OF 29.66
FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF SAID LOT 2; THENCE
S89°03'53"W, ON THE
SOUTHERLY BOUNDARY LINE OF SAID LOT 2 A DISTANCE OF 195.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 7,265 SQUARE FEET OR 0.167 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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed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.
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 11, 2023.
Final adoption of Ordinance by City Council on September 25, 2023.
____________________________
President of City Council
Action by the Mayor:
☒ Approved on _September 27, 2023____.
☐ 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 # S3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: September 25, 2023
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 0.167-ACRE DRAINAGE EASEMENT
WITHIN LOT 1 AND LOT 2 OF THE GREDIG SUBDIVISION
SUMMARY:
The applicant is requesting to vacate a 0.167-acre drainage easement.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The 0.167-acre drainage easement that is proposed to be vacated, was included within
Lot 1 and Lot 2 of the Gredig Subdivision that was recorded in 2006. In 2022, the
applicant began the commercial review process to establish a self-storage facility at this
location. The development consists of six individual rectangular storage buildings and
one office with a caretaker’s suite along the eastern portion of the flag lot south of the
ingress and egress to the parcel. During the commercial review process, it was
determined that building “G” was encroaching on the existing above-mentioned
drainage easement. It was determined that to complete the construction of the storage
units according to plan, this easement would need to be vacated and there is a new
drainage easement being recorded by separate instrument to replace the vacated
easement.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their August 9, 2023, Regular Meeting, voted
5-0 to recommend approval with the condition that the new detention easement be
recorded prior to review by City Council. Commissioners Aznar 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, the right-of-way will remain, and
the property will not meet the minimum lot size and width requirements for a rezoning
request 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-23-05 Attachments