HomeMy WebLinkAbout10710ORDINANCE NO. 10710
AN ORDINANCE VACATING A PORTION OF THE ALLEY
WITHIN BLOCK 11, MATTICE'S SUBDIVISION
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The following described portion of street right of way:
All of
Subdivision, County of Pueblo, State of Colorado.
is hereby vacated.
Reservation: The alley to be vacated is reserved for the use by utilities presently existing in said
alley and the reservation will terminate upon removal of all existing utilities.
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Ordinance of the City Council, this Ordinance shall automatically be rescinded and repealed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 April 22, 2024.
Final adoption of Ordinance by City Council on May 14, 2024.
____________________________
President of City Council
Action by the Mayor:
Approved on _______________.
Disapproved on ______________ based on the following objections:
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______________________________________________________________________________
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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 _____________
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President of City Council
ATTEST
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City Clerk
City Clerk's Office Item # S2
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: May 13, 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 11, MATTICE'S SUBDIVISION
SUMMARY:
The applicant is requesting to vacate 100 feet of the alley between Lots 1-4 and Lots
28-25 within Block 11
alley.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
heading west from Erie Avenue, into Fountain Creek (Fountaine Qui Bouille). In 1988
approximately 200 feet of the alley extending west from Lot 5, Block 11, was vacated,
as the alley was located within Fountain Creek and the City Trail system. The purpose
of this alley vacation is to allow the property owner of the two adjacent parcels to fence
his parcels and the alley to deter illegal activities within the alley. The portion of the
not contain any utilities or provide primary access to any properties or structures. The
th
parcel north of the alley gains access from Erie Avenue and East 5 Street. The parcel
th
adjacent to the south side of the alley has access from East 4 Street and Erie Avenue.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their January 10, 2024 Regular Meeting,
voted 5-0 to recommend approval. 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:
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-23-07 Attachments