HomeMy WebLinkAbout09418RESOLUTION NO. 9418
A RESOLUTION AUTHORIZING THE ISSUANCE OF
A REVOCABLE PERMIT FOR INSTALLATION AND
MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT -
OF -WAY ALONG KACHINA DRIVE AND HOPI DRIVE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SFC'.TTON 1
A revocable permit be issued to Jerry Bruno in conformance with his
application dated October 22, 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 Kachina
Drive and Hopi Drive, Pueblo, Colorado, legally described as Lot 4, Block 4, Wills Commercial
Park 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.
SF.0 ".TTON 9
The revocable permit, hereby granted, may be revoked by resolution of the City
Council at anytirre hereafter without notice.
ATTEST:
INTRODUCED: November 12, 2001
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 1
DATE: NOVEMBER 12, 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 KACHINA DRIVE AND HOPI DRIVE
ISSUE
Should City Council authorize the issuance of a revocable permit for the installation and
maintenance of landscaping in the public right -of -way along Kachina Drive and Hopi
Drive?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Mr. Jerry Bruno, owner of the described property of Lot 4, Block 4, Wills Commercial
Park Subdivision, commonly known as the corner of Kachina Drive and Hopi Drive has
requested a revocable permit for the use of public right -of -way to satisfy all or part of the
Landscape Performance Standards. Six feet of the 10 -foot landscape setback is on public
right -of -way.
The City Landscape Ordinance (Section 17 -4 -7) allows:
On such sites where landscaping of the public right -of -way would comply with the
general intent of this section, the transfer of the area requirements, or a portion thereof,
from within the property line to the public right -of -way may be approved by the
designated review agency.
Provided three conditions are met including:
Execution of a revocable permit between the City and the Owner for the use of right -of-
way for the purpose of the landscaping.
The existing policy of the Department of Planning, the designated review agency, is to
only approve the substituting of landscaping within the public right -of -way for new
development when the following conditions are met:
Only along streets with a classification of collector or local and where there is a low
probably of the street requiring future widening.
2. Only when the request does not alter the continuity of the streetscape landscape
design.
The applicant provides a compelling reason for the request.
The Owner's reason for this request is to provide additional turning radius for access into
the auto bay doors of his business from the street drive access.
Please Note: The issuance of this revocable permit does not relieve the applicant from
meeting the landscape requirements of this section and should the City ever revoke the
permit, the applicant bears full responsibility for the relocation of the landscaping to the
setback.
The City Council may choose to review this policy at a future work session.
FINANCIAL IMPACT
The Owner will be responsible for the maintenance of landscaping.