HomeMy WebLinkAbout10628ORDINANCE NO. 10628
AN ORDINANCE VACATING TWO SECTIONS OF TWO PUBLIC
ACCESS, SIDEWALK, AND UTILITY EASEMENTS IN LOTS 1-3,
BLOCK 3, PINION RIDGE COMMERCIAL SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street:
ALL OF LOTS 1-3, BLOCK 3, PINION RIDGE COMMERCIAL CENTER, RECORDED UNDER
RECEPTION NUMBER 1795379 OF THE PUEBLO COUNTY, COLORADO RECORDS BEING
WITHIN THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 20 SOUTH, RANGE 65
WEST, 6TH PRINCIPAL MERIDIAN, U.S. SURVEY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 3, BLOCK 3, PINION RIDGE
COMMERCIAL CENTER; THENCE SOUTH 89°17'18" EAST 68.03 FEET TO THE WESTERLY
RIGHT-OF-WAY LINE OF ELIZABETH STREET; THENCE ALONG SAID WESTERLY RIGHT-
OF-WAY LINE THE FOLLOWING TWO (2) COURSES: (1) ALONG A NON-TANGENT CURVE
TURNING TO THE RIGHT WITH A RADIUS OF 1175.00 FEET, AN ARC LENGTH OF 584.07
FEET, A DELTA ANGLE OF 28°28'50", A CHORD BEARING OF SOUTH 12°58'24" EAST,
AND A CHORD LENGTH OF 578.07 FEET; AND (2) SOUTH 01°16'01" WEST 191.27 FEET
TO THE NORTHERLY RIGHT-OF-WAY LINE OF DREW DIX PARKWAY; THENCE NORTH
88°43'49" WEST 286.22 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE; THENCE
NORTH 07°02'45" EAST 754.74 FEET TO THE POINT OF BEGINNING.
CONTAINING 160,626 SQUARE FEET OR 3.687 ACRES.
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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed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 December 11, 2023.
Final adoption of Ordinance by City Council on December 26, 2023.
President of City Council
Action by the Mayor:
☒ Approved on December 29, 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
Deputy City Clerk
City Clerk's Office Item # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 26, 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 TWO SECTIONS OF TWO PUBLIC
ACCESS, SIDEWALK, AND UTILITY EASEMENTS IN LOTS 1-3,
BLOCK 3, PINION RIDGE COMMERCIAL SUBDIVISION
SUMMARY:
The applicant is requesting to vacate two sections of two public access, sidewalk, and
utility easements in Lots 1-3, Block 3, Pinion Ridge Commercial Center Subdivision.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting a rearrangement of property boundaries, Case
No. RPB-22-14.
BACKGROUND:
The applicant is proposing to vacate two 50 ft by 50 ft (2,500 sq ft) easements
dedicated for sidewalk, utility, public access in Lots 1-3, Block 3, Pinion Ridge
Commercial Center Subdivision, which was platted and recorded in 2009. The original
speculative development consisted of three lots (totaling 3.7 acres) for commercial
development; the southern access, sidewalk and utility easement provided a shared
access between Lots 1 and 2. The northern access, sidewalk, and utility easement
established access to Lot 3, just north of the lot line to ensure adequate spacing
between the northern and southern accesses. The purpose of this vacation request is
to facilitate a rearrangement of property boundaries to combine the three lots into two
commercial lots for the development of a truck oil change facility and a restaurant. The
two 2,500 sq ft easements are being vacated and will no longer be needed when the
rearrangement of the properties is completed. Access, utilities, and other services will
be available for the two commercial lots via Elizabeth for the northern lot. Elizabeth St.
and Drew Dix Parkway will provide access for the southern lot. The applicant expects to
submit a commercial site plan application for the vehicle maintenance facility and
restaurant in the Spring of 2024.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 12, 2023, 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 easements will remain and the
property cannot be rearranged for development
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-23-01 Attachments