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HomeMy WebLinkAbout10559ORDINANCE NO. 10559 AN ORDINANCE VACATING A TEN-FOOT BY ONE HUNDRED AND TWENTY-THREE-FOOT STRIP OF SUMMIT AVENUE RIGHT-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described portion of street right of way: The north 10 feet of Summit Avenue adjacent to Lot 123, Block 29, Amended Plat of the Town of Bessemer, according to the recorded plat thereof, filed for record August 24, 1887 in Book 2 at Page 80 in the records of the Pueblo County Clerk and Recorder, lying east of the Alley and west of Routt Avenue adjacent to said Lot 13, Block 29. 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or within any extended period granted by Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed thirty (30) days after written notice of such rescission and repeal is given to the applicant.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 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 # S5 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 TEN-FOOT BY ONE HUNDRED AND TWENTY-THREE-FOOT STRIP OF SUMMIT AVENUE RIGHT-OF-WAY SUMMARY: The applicant is requesting City Council to approve the vacation of a 10-foot by 123- foot strip of Summit Avenue right-of-way to allow a property at 945 Routt Avenue to meet the minimum lot size and width requirements for a rezoning request and the multifamily development of a vacant building. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to rezone 945 East Routt Avenue from R-4, Mixed Residential Zone District to RCN, Residential Charter Neighborhood Zone District. (Z-23-08) BACKGROUND: The applicant is proposing to have the City vacate a 10-foot by 123-foot strip of Summit Avenue right-of-way adjacent to Lot 13 Block 29, Amended Town of Bessemer Subdivision Plat. The proposed vacation plat will contain a reservation of eight feet to cover the existing sidewalk to the edge of the existing building which must be maintained in good order. The right-of-way along Summit Avenue is 80 feet wide and the road is 37 feet from curb to curb so the vacation of the ten feet will still allow a sidewalk and buffer with the roadway and not jeopardize any infrastructure nearby. The purpose of this partial right-of-way vacation is to expand the width of the lot and the overall square footage of the lot at 945 East Routt Avenue to meet the requirements of the Residential Charter Neighborhood (RCN) zone district. The concurrent rezoning, variance, and subsequent redevelopment would allow a two-story vacant building, now zoned R-4, to be converted into a fourplex. The building at 945 East Routt was constructed in 1950 according to the Pueblo County Assessor’s website but was probably built at the turn of the century or earlier based on its architectural style. The structure functioned as a mixed-use commercial and residential building while also containing a hall upstairs for a fraternal organization. The building went vacant several years ago and the new owner is attempting to reutilize the property as a fourplex and provide housing in the Bessemer neighborhood. The owner would like to develop four units in the structure, but the lot is only 23 feet wide and contains 2,839 square feet. The smallest/narrowest zone district that could accommodate the small size and the multifamily use is Residential Charter Neighborhood (RCN). The RCN was created for situations like this but still require 25 feet of street frontage and 6,000 square feet in this case because four or more units require 1,500 square feet per unit. If the proposed vacation is approved, the lot at 945 East Routt would measure 33 feet by 123 feet or 4,059 square feet allowing the owner to apply for a rezoning to RCN and at the same time applying for a variance to allow a minimum lot requirements for a four-plex in a RCN to be 4,000 square feet instead of the required 6,000 square feet. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their May 10, 2023, Regular Meeting, voted 6-0 to recommend approval with conditions 1-4. Commissioner Martinez 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-23-02 Attachments