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HomeMy WebLinkAbout10801III VIII I IIII IIII II IIIIIIIIIIIII III 96925 0 51P Chris C. Munoz PuebloCtyClk &Rec RES R 6.00 D 0.00 RESOLUTION NO. 10801 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY ALONG 1500 WEST 4 STREET BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 A revocable permit be issued to Jon Hauser in conformance with the application dated July 7, 2006, a copy of which is attached and made a part hereof by reference to install landscaping in the public right -of -way along Wilson Avenue at 1500 West 4 th Street, Pueblo, Colorado, legally described as Lot 2, 4 th and Abriendo Eckerds Subdivision, 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. Maintain existing and future landscape material on public right of way between property and back of curb along Wilson Avenue. 2. Issuance of the Revocable Permit is contingent upon the applicant submitting a revised landscape plan that meets the City's Landscaping Ordinance. 3. Permitee shall install 2.5 -inch caliper trees. SECTION 3 The revocable permit, hereby granted, may be revoked by resolution of the City Council at anytime hereafter without notice. V J A President of City INTRODUCED: August 28. 2006 D �I ED �J o Background Paper for Proposed RESOLUTION AGENDA ITEM # y DATE: August 28, 2006 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 WILSON AVENUE AT 1500 WEST 4 STREET Shall City Council authorize the issuance of a revocable permit for the installation and maintenance of landscaping in the public right -of -way along Wilson Avenue at 1500 West 4` Street? Approve the Resolution BACKGROUND Jon Hauser, owner of the property located at 1500 West 4' 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 Wilson Avenue. 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 % 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. FINANCIAL IMPACT No financial impact. re: RESOLUTION N0. 10801 IIII IIIIII IIII IIII IIIIIII III II IIII III 169 of 3 P Chris C. Munoz PuebloCtyClk &Reo REV PMTR 16.00 D 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: Jon Hauser Wilson Shops LLC 60017 1h Street Suite 700 South Denver. CO 80202 2. Legal description and street address of real property owned by Permittee subject to Section 17 -4 -7 of the Pueblo Municipal Code ( "Permittee's Property "): Lot 2, 4 1h of Abriendo Eckerds Subdivision 3. "Permitted Area" means and includes that portion of the public right -of -way adjacent to Permittee's Property shown on the attached Landscape Plan. In consideration of the issuance and granting of this Revocable Permit, Permittee represents, warrants and agrees as follows: 1. Permittee shall within C30 days from date hereof install landscaping on Permittee's 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. 2. Permittee shall keep, maintain and replace the landscaping as required by Section 17-4 - 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 acknowledges and agrees that this Revocable Permit is temporary and subject to revocation or termination by the City Council of City for any reason, at any time, without notice to or hearing by Pemnittee, and 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 17 -4 -7 of the Pueblo Municipal Code or any substituted provision thereof; and (c) meet and comply with all applicable off - street parking requirements set forth in Sections 17 -4 -42, 17 -4 -43, 17 -4 -44 and 17 -4 -45 of the Pueblo Municipal Code on Permittee's IIII IIII IIII I IIII I IIi 11 VIII VIII III III g692574s1P Chris C. Munoz Pueb1oCtyC1k&Reo REV PMTR 15.00 D 0.00 Property or other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision thereof. 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 Colorado the r l *" '� day of 1 20 0(- Permittee Name: By: n Aar yrR Title: N�+.O���S? STATE OF eA ) COUNTY OF t3 j ss. N� T foregoing instrument was acknowledged before me the day of , c TPM i 4(Y t LSa Al (SEAL) Witness my of cial seal and signature. My commission expires: (� L7 f Dg APPROVED this ,2$ dayof AuGus -r 200(.. Pueblo Iunicipal oration By President of the City Council NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. - -- 24,e(R) I - -- RETAIL COFFEE HOUSE - h/iZsoNq 1, I NSF �� 11 pc 41 b IF Note �� j CALL© BEFORE YOU 4 DIG 1-000 - 922-1607 - - val IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III 96925 02 51P Chris C. Munoz PuabloCtyClk6Rao REV PMTR 16.00 D 0.00 RE b IF Note �� j CALL© BEFORE YOU 4 DIG 1-000 - 922-1607 - - val IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III 96925 02 51P Chris C. Munoz PuabloCtyClk6Rao REV PMTR 16.00 D 0.00