HomeMy WebLinkAbout10629
City Clerk's Office Item # S2
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 THE DRAINAGE AND DETENTION
EASEMENT IN LOT 1, BLOCK 2, SKYVIEW SUBDIVISION
SUMMARY:
The applicant is requesting to vacate the drainage and detention easement in lot 1,
block 2, Skyview Subdivision.
PREVIOUS COUNCIL ACTION:
The applicant is concurrently requesting a multifamily residential commercial review
located at 5111 Ridge Drive.
BACKGROUND:
Two stormwater drain easements are proposed to be vacated in the 16.12-acre
commercial lot within Lot 1, Block 2, Skyview Subdivision. The first easement is a 1.89-
acre storm drain detention easement which was platted for a detention basin. The
second easement is a 30 ft wide by 622.60 ft long drainage easement containing
approximately 0.43 acres extending from the northeast part of the detention easement
to the north boundary of the property. The purpose of these vacations are to facilitate
the development of a 224-unit multifamily residential development. The current
drainage easements bisect the property running north and south, limiting the
developable area of the lot. New stormwater detention and conveyance easements will
be dedicated by separate instrument to the City, approved by the Stormwater
Department, prior to the approval of any building permits on the property.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their November 8, 2023, Regular Meeting,
voted 6-0 to recommend approval, 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 easement will remain and 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-23-06 Attachments
ORDINANCE NO. 10629
AN ORDINANCE VACATING THE DRAINAGE AND DETENTION
EASEMENT IN LOT 1, BLOCK 2, SKYVIEW SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described street:
To vacate certain easements within Lot 1, Block 2, Skyview Subdivision, according to the
recorded plat thereof, filed for record November 5, 1980, in Book 2049 at Page 905, as
Reception No. 649798 in the records of the Pueblo County Clerk and Recorder, located within a
portion of the N 1/2 of Section 12, Township 20 South, Range 65 West of the Sixth Principal
Meridian, being more particularly described as follows:
All of the 30 foot wide Drainage Easement Only within said Lot 1, Block 2, Skyview Subdivision.
Said Vacated Drainage Easement Only contains 0.43± acres, 18678± s.f.
AND
All of the Storm Drain Detention Easement within said Lot 1, Block 2, Skyview Subdivision.
Said Vacated Storm Water Detention Easement contains 1.89± acres, 82512± s.f.
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 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