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Home My WebLink About10749 City Clerk's Office Item # R4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 12, 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 MECHANIC STREET AND RICHMOND AVENUE AND PORTIONS OF A 20-FOOT ALLEY IN THE CENTRAL PUEBLO SUBDIVISION GENERALLY LOCATED WEST OF SANTA FE DRIVE AND AT THE INTERSECTION OF MECHANIC STREET AND RICHMOND AVENUE SUMMARY: The City is requesting to vacate a portion of Mechanic Street (12,536 square feet) in the Central Pueblo and Hobsons Amended Subdivision, and Richmond Avenue (8,080 square feet) and portions of a 20-foot alley in the Central Pueblo Subdivision (5,826 square feet) for the purposes of expanding the Historic Arkansas Riverwalk Project, facilitating a new subdivision and the construction of a new boathouse. PREVIOUS COUNCIL ACTION: The applicant is concurrently requesting to resubdivide (S-23-06) portions of the Central -acre subdivision for the purpose of expanding the Riverwalk development. BACKGROUND: The applicant is requesting the vacation of three distinct sections of right of way: (1) a Amended Subdivision; (2) a 8,080 square foot section of Richmond Avenue in the Central Pueblo Subdivision; and (3), a portion of the twenty- of Central Pueblo Subdivision. The purpose of the three vacations is to allow the City to assemble the land into a two-lot subdivision for the expansion of the Riverwalk, the construction of a new boathouse and a site for future development. The new boathouse site plan was approved by the Planning and Zoning Commission with case GU-23-04 and the land was rezoned from I-1 and I-3 to S-1 and approved by City Council in 2023 with case Z-23-05. Vacation Area One: Mechanic Street Street, the northwesterly half was vacated previously, Reception No. 2135298. The complete width of Mechanic Street will be vacated adjacent to lots 1-6, Block 2, Central feet. The northern portion of Mechanic Street, adjacent to Santa Fe Avenue will remain as public right of way to provide access to the loading zone for the Pueblo Convention Center. The vacated portion of Mechanic Street will be reserved as a public utility easement and the reservation will be terminated upon removal of said utilities. Vacation Area Two: Richmond Avenue A northwesterly to s Mechanic Avenue will be vacated. This segment is currently the end of the Riverwalks Chanel. The vacated portion of Richmond Avenue will be reserved as a sanitary sewer and public utility easement, the reservation will be terminated upon relocation of the utilities. southwest from Richmond Avenue to the location of the current HARP Offices will be vacated. This area is currently an area that runs between the HARP Office and parking sanitary sewer and public utility easement and the reservation will be terminated upon removal of said utilities. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 13, 2024, 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 right-of-way will remain as currently dedicated which will impede the expansion of the Historic Arkansas Riverwalk Project. 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-23-04 Combined Attachments ORDINANCE NO. 10749 AN ORDINANCE VACATING A PORTION OF MECHANIC STREET AND RICHMOND AVENUE AND PORTIONS OF A 20- FOOT ALLEY IN THE CENTRAL PUEBLO SUBDIVISION GENERALLY LOCATED WEST OF SANTA FE DRIVE AND AT THE INTERSECTION OF MECHANIC STREET AND RICHMOND AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following described portion of street right of way: A PORTION OF MECHANIC STREET, A PORTION OF RICHMOND AVENUE AND A PORTION OF A 20 FOOT ALLEY, CENTRAL PUEBLO, BEING A PORTION OF THE EAST HALF OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTER LINE OF RICHMOND AVENUE BEING MONUMENTED AT THE SOUTHEASTERLY END SOUTHEASTERLY END BY A BRASS TACK AND THE NORTHWESTERLY END BEING THE INTERSECTION OF RICHMOND AVENUE AND CENTRAL MAIN STEET BY A ALUMINUM CAP AND THE ASSUMED TO RIGHT-OF-WAY VACATION - MECHANIC STREET COMMENCING AT THE NORTHEAST CORNER OF PARCEL A, REARRANGEMENT OF PROPERTY BOUNDARIES RPB-19-04, RECORDED UNDER RECEPTION NUMBER NORTHERLY LINE OF SAID PARCEL A, REARRANGEMENT OF PROPERTIES ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF RICHMOND AVENUE A DISTANCE OF 139.76 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF MECHANIC STREET; THENCE -OF-WAY LINE A DISTANCE OF 331.80 FEET TO TH 54.34 FEET TO THE NORTHEASTERLY POINT OF THE STREET VACATION OF MECHANIC STREET AS RECORDED UNDER RECEPTION NUMBER 2135298 RECORDS OF PUEBLO COUNTY; REET VACATION A DISTANCE OF 40.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID -OF-WAY A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID MECHANIC STREET; ON SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 113.65 FEET TO THE POINT OF BEGINNING.. CONTAINING A CALCULATED AREA OF 10,885 SQUARE FEET OR 0.250 ACRES MORE OR LESS. A PORTION OF MECHANIC STREET, A PORTION OF RICHMOND AVENUE AND A PORTION OF A 20 FOOT ALLEY, CENTRAL PUEBLO, BEING A PORTION OF THE WEST HALF OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTER LINE OF RICHMOND AVENUE BEING MONUMENTED AT THE SOUTHEASTERLY END SOUTHEASTERLY END BY A BRASS TACK AND THE NORTHWESTERLY END BEING THE INTERSECTION OF RICHMOND AVENUE AND CENTRAL MAIN STREET BY A ALUMINUM CAP AND THE ASSUMED TO RIGHT-OF-WAY VACATION - MECHANIC STREET COMMENCING AT THE NORTHEAST CORNER OF PARCEL A, REARRANGEMENT OF PROPERTY BOUNDARIES RPB-19-04, RECORDED UNDER RECEPTION NUMBER NORTHERLY LINE OF SAID PARCEL A, REARRANGEMENT OF PROPERTIES ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF RICHMOND AVENUE A DISTANCE OF 139.76 FEET TO THE POINT OF BEGINNI SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 40.00 FEET TO THE SOUTHEASTERLY CORNER OF THE STREET VACATION OF MECHANIC STREET AS RECORDED UNDER RECEPTION NUMBER 2135298 OF SAID RECORDS, SAID POINT BEING THE CENTER LIN EASTERLY LINE OF SAID STREET VACATION A DISTANCE OF 295.00 FEET; THENCE -OF- -OF-WAY LINE A DISTANCE OF 331.81 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 12,536 SQUARE FEET OR 0.288 ACRES MORE OR LESS. RIGHT-OF-WAY VACATION -RICHMOND AVENUE COMMENCING AT THE NORTHEAST CORNER OF PARCEL A, REARRANGEMENT OF PROPERTY BOUNDARIES RPB-19-04, RECORDED UNDER RECEPTION NUMBER 2137387 RECORDS OF PUEBLO COUNTY, COLORADO, SAID POINT BEING THE POINT REARRANGEMENT OF PROPERTIES ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF RICHMOND AVENUE DISTANCE OF 40.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID -OF-WAY LINE OF SAID RICHMOND AVENUE A DISTANCE OF 40.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID CONTAINING A CALCULATED AREA OF 8,080 SQUARE FEET OR 0.185 ACRES MORE OR LESS. RIGHT-OF-WAY VACATION -20 FOOT ALLEY COMMENCING AT THE NORTHEAST CORNER OF PARCEL A, REARRANGEMENT OF PROPERTY BOUNDARIES RPB-19-04, RECORDED UNDER RECEPTION NUMBER 2137387 RECORDS OF PUEBLO COUNTY, COLORADO AND THE NORTHWEST CORNER OF THE 20 FOOT ALLEY IN BLOCK 3 CENTRAL PUEBLO, SAID POINT BEING THE POINT OF BEGINNING; THENCE -OF-WAY LINE OF RICHMOND AVENUE A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF A DISTANCE OF 291.30 FEET; THENCE N46°04'51"W A DISTANCE OF 20.00 FEET TO A POINT ON THE WESTERLY BOUNDARY LINE OF SAID ALLEY; THENCE N43°55'09"E ON SAID WESTERLY LINE A DISTANCE OF 291.30 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 5,826 SQUARE FEET OR 0.134 ACRES MORE OR LESS 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 July 22, 2024. Final adoption of Ordinance by City Council on August 12, 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