HomeMy WebLinkAbout10680ORDINANCE NO. 10680
AN ORDINANCE VACATING A PORTION OF THE ALLEY
WITHIN BLOCK 38, IRVING PLACE, 2ND FILING SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described portion of street right of way:
All that part of the alley lying Southerly of Lots 14 through 25 and Northerly of Lots 26 through
37, Block 38, recorded at Reception No. 32407 of the Pueblo County records, State of
Colorado.
The above-described parcel of land contains 4665± Sq. Ft.
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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed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 March 11, 2024.
Final adoption of Ordinance by City Council on March 25, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
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 _____________
____________________________
President of City Council
ATTEST
________________________________
City Clerk
City Clerk's Office Item # S3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: March 25, 2024
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Marisa Stoller, City Clerk
FROM: Scott Hobson, Acting Director Planning and Community Development
SUBJECT: AN ORDINANCE VACATING A PORTION OF THE ALLEY WITHIN
BLOCK 38, IRVING PLACE, 2ND FILING SUBDIVISION
SUMMARY:
The applicant is requesting to vacate approximately 291 square feet of the alley
nd
between Lots 14-25 and Lots 37-26, Block 38, Irving Place, 2 Filing, Subdivision to
allow the adjacent property owner to fence the entire area extending from the
unimproved Cheyenne Avenue west to the improved Cheyenne Avenue, south of West
th
16 Street.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The alley proposed to be vacated was platted as part of Irving Place, Filing No. 2
Subdivision, in 1889. The alley in question was platted heading west from Cheyenne
Avenue towards Atlanta Avenue. No utilities are located within the portion of the alley
proposed for vacation and it does not provide sole access to any adjacent properties.
The purpose of this alley vacation is to allow the property owner of the adjacent parcels,
located north and south of the alley, to secure his entire ownership with fencing to
facilitate future development and to deter illegal dumping on his properties.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their February 14, 2024 Regular Meeting,
voted 5-0 to recommend approval. Commissioners Martinez and Spinuzzi 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 platted
which could impede future development of the property and make it more difficult for
the property owner to control illegal dumping.
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-23-10 Irving Place Attachments