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HomeMy WebLinkAbout09448RESOLUTION NO. 9448 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT- OF -WAY ALONG WEST 26 STREET BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 A revocable permit be issued to Cynthia Gilliam in conformance with his application dated October 16, 2001, a copy of which is attached and made a part hereof by reference to install landscaping in the public right -of -way along West 26 Street, Pueblo, Colorado, legally described as Lots 13 through 16, Block 4, North Dundee Place Subdivision together with all that portion of vacated by Ordinance #1173 recorded January 18, 1955 in Book 1256 at Page 300. SECTION 2 With the recommendations of the Department of Community Development, the designated review agency, this revocable permit is approved with the following conditions: 1. Landscape the right of way between the property and curb and gutter on West 26 Street. 2. In addition to the required ten -foot landscape setback, landscape the right of way between the property and curb and gutter on North Elizabeth Street. 3. Install a landscape buffer between the proposed building and the adjacent residential landuse. Said landscape 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. .qFr.T1nN The revocable permit, hereby granted, may be revoked by resolution of the City Council at anytime hereafter without notice. INTRODUCED December 10, 2001 BY Rich Golenda Councilperson APPROVED. President o ouncil ATTEST: f�tyerk 3 t I 3, f ._.... � _____........._ . Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: DECEMBER 10, 2001 DEPARTMENT: PLANNING & 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 WEST 26 STREET ISSUE Shall City Council authorize the issuance of a revocable permit for the installation and maintenance of landscaping in the public right -of -way along West 26 Street? RECOMMENDATION Approval of this Resolution. BACKGROUND Cynthia L. Gilliam, owner of the property located at Elizabeth & 26 Street has requested a revocable permit for the use of public right -of -way to satisfy all or part of the Landscape Performance Standards. The applicant will install and maintain the required landscaping between the curb and the property boundary in the public right -of -way along West 26 Street. In addition, the applicant shall install and maintain per City Code the right of way adjacent to the property on Elizabeth Street and install a landscape buffer adjacent to the existing residential landuse. The City Landscape Ordinance (Section 17 -4 -7) allows: On such sites where landscaping of the public right -qf -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 that: (of the three condition to be met) c) Execution of a revocable permit between the City and the Owner for the use of right -of- way for the purpose of the landscaping, with the owner accepting full financial responsibility for all costs for the movement, replacement and relocation of the landscape setback should such permit be revoked by the City. The existing policy of the Department of Community Development, designated Review Agency, is to only recommend Revocable Permits for the following conditions: 1. Only along streets with a classification of collector or local and where there is a low probability of the street requiring future widening. 2. Only when the request does not alter the continuity of the streetscape, landscape design, and /or neighborhood character. 3. The applicant provides a compelling reason of hardship in combination with one of the above conditions. The Owner's reason for this request is to place a new building and parking on the property and provide the required setback from an existing building. In order for the building to be placed within the allowed setbacks, the parking would need to be located in the entire 10' landscape setback area of West 26 Street. The Department of Community Development, the designated Review Agency, recommends the following: 1. that in addition to landscaping the right of way adjacent to the property on 26 Street that the right of way adjacent to Elizabeth Street also be landscaped. The reason for this recommendation is to reinforce the character of the Elizabeth Street Parkway design and the neighborhood; and 2. that a landscape buffer (per City Code) be install between the existing residential building and the proposed commercial building. 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 No financial impact.