HomeMy WebLinkAbout09414RESOLUTION NO. 9414
A RESOLUTION AUTHORIZING THE ISSUANCE OF
A REVOCABLE PERMIT FOR INSTALLATION AND
MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT -
OF -WAY ALONG BRADFORD AVENUE AND EAST 4TH STREET
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
A revocable permit be issued to Stingrays L.L.C. in conformance with their
application dated September 14, 2001, a copy of which is attached and made a part
hereof by reference to install partial landscaping in the public right -of -way abutting Bradford
Avenue and East 4th Street, Pueblo, Colorado, legally described as Lots 1 through 4, Block 12,
Pueblo Subdivision located in the City of Pueblo, Pueblo County, Colorado.
Said landscaping shall be installed and maintained in accordance with plans and
specifications approved by the designated Review Agency, pursuant to Section 17 -4 -7 of the
Pueblo Code of Ordinances.
The revocable permit, hereby granted, may be revoked by resolution of the City
Council at a:iytime hereafter without notice.
INTRODUCED: October 22, 2001
EN
CQU IL PERSON
ATTEST: APPROVED:
/PRB�IDEN' -CITY COUNCIL
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CITY CLERK
Resolution #9414
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # r
DATE: OCTOBER 9, 2001
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR
INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT -
OF -WAY ALONG BRADFORD AVENUE AND EAST 4TH STREET
ISSUE
Should City Council authorize the issuance of a revocable permit for the installation and
maintenance of landscape in the public right -of -way along Bradford Avenue and East 4th Street?
RECOMMENDATION
The staff recommends denial of the request for the revocable permit for the following reason: The
subject property is located at the eastern gateway of downtown along State Highway 96. It adjoins
and is visible from Interstate 25. A very high probability exists that this roadway will be widened in
the future and that portion of the landscaping within the right -of -way will be lost. Due to the action
taken by the Zoning Board of Appeals, if the roadway is widened the applicant will not be required
to replace this landscaping on the subject property. It is important to the City's visual image to
maintain the landscape requirement along this corridor.
BACKGROUND
In Case No. 47 -01, the Zoning Board of Appeals granted the property owner at 321 North Bradford
Avenue (Stingrays LLC) a variance for a 50% reduction of the landscape setback on the property if
the City Council approved a Revocable Permit for landscaping the right -of -way and allow that area
as a substitution for the 10 -foot landscape setback. The City's Landscape Performance Standards
could not be fulfilled on site due to the size of the proposed 8,000 square foot building, the area
required for a 27 -space parking lot, and an area for storm water detention.
If the roadway is widened in the future and the required right -of -way landscape is eliminated or
reduced, the property owner would only be required to maintain the 5 -foot landscape on the
property and any remaining landscape on the right -of -way.
FINANCIAL IMPACT
No Financial Impact.