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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.