V-13-04 Vacation

V-13-04
TO:
City of Pueblo, Planning and Zoning Commission
FROM:
Kelly Grisham, Planner
THROUGH:
DATE:
Julie Ann Woods, AICP/ASLA, Director of Planning and Community
Development
August 14, 2013
SUBJECT:
Drainage & Public Utility Easement Vacation
APPLICANT:
Kim Kock, NorthStar Engineering and Surveying, Inc
PROPERTY OWNER:
Legacy Bank
LOCATION:
Northwest corner of Bandera Boulevard and Delicias Drive.
LEGAL
DESCRIPTION(S):
1. Delicias Place, Bandera Place and the portion of Lomita Drive from
Bandera Boulevard to Delicias Drive as platted in Pueblo Del Sol,
Amended.
2. All drainage and public utility easements located in Block 5, the 5’ public
utility easements between Lots 7 and 8, Block 4, the 10’ drainage easement
on the southeast line of Lot 18, Block 4, and the 10’ drainage and public
utility easement on the northwest line of Lot 19, Block 4, in Pueblo Del Sol,
Amended.
EXISTING ZONE:
B-3, Highway and Arterial Business District
CONCURRENT
REQUESTS:
Lot Line Rearrangement (LL-12-05)
Request:
To vacate the drainage and public utility easement located within a portion of Block 4 and all of Block
5, of the Pueblo Del Sol, Amended, except the 10’ drainage and utility easements located along the rear
of Block 4.
Applicable Regulations:
Sec. 12-5-1 through 6 of the Pueblo Municipal Code (PMC) concerning vacations of streets, alleys, etc.
Recommended Action:
Staff recommends that the Vacation be APPROVED with the following conditions:
1. The applicant must confer with Comcast utility to provide a letter of support of the vacation prior to
the vacation being scheduled for City Council. Comcast has plant in the utility easements, which
must be relocated prior to vacating.
2. The applicant must be granted a special use permit for a church in the R-1 Zone District from the
Zoning Board of Appeals prior to being scheduled for City Council.
3. Prior to recording the vacation, show the length of the vacated easement between Lots 18 & 19,
Block 4.
Planning and Zoning Commission
V-13-04
2
Staff review and findings:
The applicant is proposing to construct a church on the subject property. The proposed structure would be
constructed over many of the existing lots, streets, and easements; therefore, necessitating a subdivision (S13-09), and the vacation of the streets and easements. Pueblo Del Sol was platted in June 1998 and
amended in November 2005. At the time, the subdivision included 153 single family residential lots. The
applicant is now requesting to merge 47 of those lots into one (1) lot to facilitate the construction of the
church. Because the are lots being combined into a single lot, the streets and easements are no longer
necessary, and it impedes the ability for the applicant to construct the building. Currently, only Comcast
has plant (facilities and/or lines) that are located in the utility easement. None of the drainage easements
are being used for stormwater conveyance.
PUBLIC WORKS AND ENGINEERING COMMENTS
 Show the length of the vacated easement between Lots 18 & 19, Block 4.
STORMWATER
 Stormwater has no objection to the vacation of the indicated streets and easements. (D. Wood, 7/15/13)
WASTEWATER COMMENTS
 None
TRANSPORTATION COMMENTS
 No comments (P. Whittlef, 7/15/13)
PARKS AND RECREATION COMMENTS
 Parks and Recreation has no objections. (S. Meier, 7/15/13)
REGIONAL BUILDING COMMENTS
 Regional Building has no comment regarding street vacations. (6/19/13)
BOARD OF WATER WORKS COMMENTS
 The Board of Water Works has no issues with the proposed street and easement vacations. (S. Burbidge,
6/24/13)
BLACK HILLS ENERGY COMMENTS
 None
COLORADO DEPARTMENT OF TRANSPORTATION COMMENTS
 None
COMCAST COMMENTS
 Comcast has plant within the rear utility easements. If these easements are being vacated; Comcast
would like to have an onsite meeting to arrange for any relocating to be completed. (V. Dejesus, 7/16/13)
XCEL ENERGY COMMENTS
 Xcel has no comments (P. Chappell, 7/15/13)
CENTURY LINK COMMENTS
 None
ATTACHMENTS:
A.
B.
C.
D.
E.
F.
Aerial Photograph
Zoning Map
Comprehensive Plan Map
Site Photographs
Vacation Plat
Vacation Application
V-13-04
Exhibit A. Aerial Overview
Exhibit B. Zoning Map
V-13-04
Exhibit C. Comprehensive Map
V-13-04
Public Poster Notice
Site looking northwest from Bandera Boulevard