HomeMy WebLinkAbout10295RESOLUTION NO. 10295
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR
INSTALLATION AND MAINTENANCE OF LANDSCAPING AND VEHICLE ACCESS IN THE
PUBLIC RIGHT OF -WAY ALONG 3930 RIDGE DRIVE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
A revocable permit be issued to NGI, LLP in conformance with the application dated
December 27, 2004, a copy of which is attached and made a part hereof by reference to install
landscaping in the public right -of -way and allow vehicle access along 3930 Ridge Drive, Pueblo,
Colorado, legally described as Lot 1, Northridge Subdivision, Filing No. 12, Together with a
portion of frontage road Adjacent to, as shown on frontage road Vacation Plat recorded February
15, 2000 at Reception No. 1320214, County of Pueblo, State of Colorado.
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 public right of way between property and back of sidewalk except
for the vehicle access along 3930 Ridge Drive.
2. Allow vehicle access and backing from parking spaces on public right of way along
3930 Ridge Drive.
3. In addition to the ten -foot landscape setback, landscape the public right of way
between the property and curb and gutter on State Highway 50 West.
4. Issuance of the Revocable Permit is contingent upon the applicant submitting a
revised landscape plan that meets the City's Landscaping Ordinance.
SECTION 3
The revocable permit, hereby granted, may be revoked by resolution of the City Council at
anytime hereafter without notice.
INTRODUCED December 27, 2004
BY Michael Occhiato
Councilperson
a W E M W 0 WE
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 9
DATE: DECEMBER 27, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENTMIM MUNCH
TITLE
A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR
INSTALLATION AND MAINTENANCE OF LANDSCAPING AND VEHICLE ACCESS IN
THE PUBLIC RIGHT -OF -WAY ALONG 3930 RIDGE DRIVE
Shall City Council authorize the issuance of a revocable permit for the installation and
maintenance of landscaping and vehicle access in the public right-of-way along 3930
Ridge Drive?
Approve the Resolution.
NGI, LLP, owner of the property located at 3930 Ridge Drive has requested a revocable
permit for the use of public right-of-way to satisfy all or part of the Landscape Performance
Standards and allow vehicle access along 3930 Ridge Drive. The applicant will install and
maintain the required landscaping between the curb and the property boundary in the
public right -of -way along 3930 Ridge Drive. The applicant will also be allowed to use a
portion of the public right of way to access the parking lot. In addition to the required ten
foot setback the applicant shall install and maintain landscaping on the right of way on
State Highway 50 West per City Code 174-7.
The City Landscape Ordinance (Section 17 -4-7) allows:
On such sites where landscaping of the public right -of -way could 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. a) The area measurement...; b) The general planning...; and
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, the designated Review
Agency, is to only recommend Revocable Permits for the following conditions:
1. Only for existing buildings and in some cases for additions. In cases with infill lots
with new construction a minimum of 50% of the landscape requirement shall be on
property with the issuance of a landscape variance and the entire public right of
way shall be landscaped at a minimum of ten feet depth.
2. Only along streets with a classification of collector or local and where there is a low
probability of the street requiring future widening.
3. Only when the request does not alter the continuity of the streetscape, landscape
design, and /or neighborhood character.
4. The applicant provides a compelling reason of hardship in combination with one of
the above conditions.
The Owner's reason for this request is due to the requirements of the Special Use Permit,
067 -2004, which will allow car sales display. Ridge Drive is classified as a collector.
Landscaping the right of way would be an enhancement to the streetscape and
neighborhood character. The applicant of the Special Use Permit was required to
relocate the drive access to the parking lot because of it's location being to close to the
intersection of Ridge Drive and Highway 50 West. The revocable permit would allow for
the required landscaping on right of way; access to the existing parking lot; and vehicle
backing space for required parking.
The Department of Community Development, the designated Review Agency,
recommends the following:
1. Landscape the public right -of -way between property and back of sidewalk, except
for the vehicle access along 3930 Ridge Drive.
2. Allow vehicle access and backing from parking spaces on public right -of -way along
3930 Ridge Drive.
3. In addition to the ten -foot landscape setback, landscape the public right -of -way
between the property and curb and gutter on State Highway 50 West.
4. Issuance of the Revocable Permit is contingent upon the applicant submitting a
revised landscape plan that meets the City's Landscaping Ordinance.
FINANCIAL IMPACT
No financial impact.