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Home My WebLink About10389RESOLUTION NO. 10389 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY ALONG 1212 WEST 4 STREET BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 A revocable permit be issued to Roun Ney in conformance with the application dated May 9, 2005, a copy of which is attached and made a part hereof by reference to install landscaping in the public right -of -way along 1212 West 4th Street, Pueblo, Colorado, legally described as Lots 4 through 14, Block 1, Delavan Place Subdivision including the vacated alley between Lots 4 & 5 and Lots 6 through 14 in South Pueblo, 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 existing curb along 1212 West 4th Street. 2. Maintain existing and future landscape material on public right of way between property and back of curb along 1212 West 4th Street. 3. 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 May 9, 2005 BY Michael Occhiato Councilperson APPROVED: PRESIDENT CITY CPWCIL ATTESTED BY: CITY CLERK I a N S M-q 1W, NEEkknau Background Paper for Proposed RESOLUTION FA AGENDA ITEM # d DATE: MAY 8, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /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 1212 WEST 4 STREET Mu Shall City Council authorize the issuance of a revocable permit for the installation and maintenance of landscaping in the public right-of along 1212 West 4 Street? RECOMMENDATION Approve the Resolution. BACKGROUND Roun Ney, owner of the property located at 1212 West 0 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 1212 West 4 Street. 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 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°x6 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 of the existing business remodeled the building and paved the parking lot, which requires the compliance with the Landscape Code Requirements. The existing parking lot is located in the landscape setback. The revocable permit would allow for the required landscaping to be located on the right of way. Landscaping the right of way would be an enhancement to the streetscape and neighborhood character. The e Street bridge Replacement Project will relocate a Street approximately 80 feet to the northwest causing no conflict with future road construction. FINANCIAL IMPACT No financial impact. Resolution #10389 1111111111111111111111111111111111111111111111111111111 Pa 6 I of 2 ZA Chris C. Munoz PuebloCtyClk &Rac REV PMTR 11.00 0 0.00 LANDSCAPING REVOCABLE PERMIT (Section 17-4 -7 Pueblo Municipal Code) Pursuant to Section 16 -9 of the Charter of the City of Pueblo ( "City") the City Council of City hereby grants a revocable permit to the Permittee named herein for the sole purpose of installing and maintaining landscaping in the Permitted Area herein described, subject to and conditioned upon the provisions, covenants and conditions contained herein and Permittee's compliance therewith: 1. Permittee's name and address: � (7 PLk l�r co 9 L Dam 2. Legal description and street address of real property owned by Permittee subject to Section 17-4-7 of the i � Pueblo Municipal Code (` er1t}itteeProperty�Jr> e 7 1 d G Q 8 d j +�L C L� 1i1 c . `t' P° r -' X1-11 L� 6 �2fir� t4 ��, /-1 - �� LtJ� L, 4e Ile L,, — �w g , < L e�� l4-y �1��4 -T-0 /4 � j w c 1 f T-v P-E a9 iiS 14< kvuY •� 3. "Permitted Area means an d includes that portion of the public right-of-way adjacent to �.� Permittee's Property shown on the attached Landscape Plan. �j In consideration of the issuance and granting of this Revocable Permit, Permittee represents, warrants and agrees as follows: �� 6 Q �' � 1. Permittee shall within S 0 days from date hereof install landscaping on Permittee's v Property and in the Permitted Area in compliance with the Section 17 -4 -7 of the Pueblo Municipal Code and as shown on the attached Landscape Plan. N V' 2. Permittee shall keep, maintain and replace the landscaping as required by Section 17-4 - �j 7(b)(8)(b) of the Pueblo Municipal Code or any substituted provision thereof. 3. This Revocable Permit shall automatically terminate and be revoked upon the revocation or termination of this Revocable Permit by Resolution of the City Council of City. Permittee N acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination k �(1 by the City Council of City for any reason, at any time, without notice to or hearing by Permittee, and �0 Permittee waives any and all claim to any such notice and hearing. 4. Immediately upon termination of this Revocable Permit, Permittee shall (a) remove the landscaping from the Permitted Area and no longer use the Permitted Area for any purpose; (b) replace and relocate landscaping on Permittee's Property which meets and complies with Section 174-7 of the Pueblo Municipal Code or any substituted provision thereof; and (c) meet and comply with all applicable off - street parldng requirements set forth in Sections 17442,174-43,17444 and 17445 of the Pueblo Municipal Code on Permittee's Property or other property allowed under said Sections of the Pueblo Municipal Code or any NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. -1- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIII 0 61986322A substituted provision thereof. Chris C. Munoz PUeb1oCtYC1k &Rec REV PMTR 11.00 D 0.00 5. If Permittee fails for any reason to timely perform and comply with the requirements and provisions of this Revocable Permit, City, in addition to all other remedies provided by law, may revoke the certificate of occupancy for the building on Permittee's Property. 6. The covenants of this Revocable Permit shall run with Permittee's Property and shall extend to, be binding upon, and inure to the benefit of City and Permittee and their respective heirs, personal representatives, successors and assigns. 7. Permittee shall indemnify, defend and hold City, its officers, agents and employees harmless from and against any and all suits, claims, liabilities, loss, damages and expenses, including reasonable attorney fees and cost of defense, arising, directly or indirectly, from or caused by the issuance of this Revocable Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the landscaping in the Permitted Area, or the use of the Permitted Area by Permittee, its officers, agents, employees, invitees or general public. Executed at Pueblo, Colorado the 3 day of M arG V l , 20 � �5 Permittee �- Name B Title. STATE OF Co t6r 0.Q O ) ss. COUNTY OF P l e bl o > was acknowledged before me the B 6 day of Mdrd'1 , 20 M by my official seal and signature. APPROVED this 9th day of May 20 05 . Z Q Q - -� Notary Public Pueb o, a Munic'pal o �o i B ` esident of th ity Coun NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. -2-