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HomeMy WebLinkAbout10928Docusign Envelope ID: E4E6A17F-E773-4EOE-A227-987728DO17C7 City Clerk's Office Item # S1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 14, 2025 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 200 SQUARE FOOT PORTION OF THE ABRIENDO AVENUE RIGHT-OF-WAY SUMMARY: The applicant is requesting to vacate a 200 square foot portion of the Abriendo Avenue right-of-way to accommodate the Dutch Clark Stadium sign. PREVIOUS COUNCIL ACTION: None, BACKGROUND: In 2023, School District 60 and Pueblo Urban Renewal Authority partnered to complete extensive renovations for Dutch Clark Stadium to promote safety and accessibility. The project included repaving the parking lot, adding a new sidewalk adjacent to Abriendo Avenue, landscaping in the Abriendo Avenue right-of-way, and constructing a new Electronic Variable Message (EVM) sign to promote high school football games and other District 60 events. Prior to the construction of the right-of-way improvements within the Abriendo Avenue right-of-way, plans for the landscaping, sidewalk, and EVM sign were not submitted to the City for review and approval. Following construction of the sign in the Abriendo Avenue right-of-way, Pueblo Urban Renewal submitted an application requesting to vacate a 200 square foot portion of the Abriendo Avenue to accommodate the EVM sign. The sign is located southwest of the Dutch Clark statue, just outside of the Dutch Clark Stadium property line and the new meandering sidewalk, which was constructed as part of the renovation efforts. No comments were received from the City's Public Transportation Department expressing concerns over the 200 square foot right-of- way vacation. Docusign Envelope ID: E4E6A17F-E773-4EOE-A227-987728DO17C7 FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their November 13, 2024 Regular Meeting, voted 5-0 to recommend approval. Commissioners Castellucci and Aznar absent. §TAK HOLDER 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 200 square foot right-of-way will not be vacated. 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-24-04 Attachments Docusign Envelope ID: E4E6A17F-E773-4EOE-A227-987728DO17C7 ORDINANCE NO. 10928 AN ORDINANCE VACATING A 200 SQUARE FOOT PORTION OF THE ABRIENDO AVENUE RIGHT-OF-WAY BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The following described portion of street right of way: A Parcel of land located in the Northeast Quarter of Section 35, Township 20 South, Range 65 West of the 6th P.M., to wit: A Portion of Abriendo Ave. lying Southwesterly of and adjacent to Lot 37, Block D, Moore and Carlile's re -subdivision of Oakfield Park and part of Corona Park, in the former Town of South Pueblo, now a part of the City of Pueblo, County of Pueblo, State of Colorado, and being more particularly described as follows: Commencing from a City Monument located at Abriendo Ave. and Arthur St. N43050'58"E, a distance of 79.11 feet to a point on the Northerly Right of Way line of said Abriendo Ave. being the True Point of Beginning; Thence S46009'13"E along said Northerly Right of Way line, a distance of 5.00 feet; Thence S44025'16"W, a distance of 20.00 feet; Thence N46006'21"W, a distance of 10.00 feet; Thence N44025'16"E, a distance of 20.00 feet to a point on the said Northerly Right of Way line; Thence S46003'30"E along said Northerly Right of Way line, a distance of 5.00 feet to the True Point of Beginning. Said described Right of Way Vacation contains 200 Square Feet more or less (±), and is subject to any existing easements or rights -of -way. 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. Docusign Envelope ID: E4E6A17F-E773-4EOE-A227-987728D017C7 SECTION 4. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Introduced and initial adoption of Ordinance by City Council on March 24, 2025. Final adoption of Ordinance by City Council on April 14, 2025. Ld Approved on 4 15 Z025 1 4:X09 PM MDT ❑ Disapproved on ro UWgned by: President of City Council based on the following objections ❑ 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 Docu ned by, City Clerk „ ,..