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Home My WebLink About10929RESOLUTION NO. 10929 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT OF- WAY ALONG ELIZABETH STREET AND WEST SECOND STREET, MORE COMMONLY KNOWN AS 518 WEST SECOND STREET BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. COLORADO. that: SECTION 1. A revocable permit be issued to Gary E. Armstrong, Gaveretta LLC in conformance with the application dated January 11, 2007, a copy of which is attached and made a part hereof by reference to install landscaping in the public right -of -way along Elizabeth Street and West Second Street, Pueblo, Colorado, legally described as: Lots 4, 5, 6, Block 14 State Addition to Pueblo; less that portion in certificate of abandonment in Book 2676 at Page 140, and less that portion described in special warranty deed in Book 2702 at Page 930; and Lot 7, Block 14, State Addition to Pueblo; and Lot 8, Block 14, State Addition to Pueblo; less that portion conveyed to Pueblo, a Municipal Corporation by quit claim deed recorded April 13, 1956 in Book 1295 at Page 323 part of the City of 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 treatments are permissible in the public right -of -way between the property line and back of curb and gutter along Elizabeth Street and West Second Street; except for the vehicle access areas. SECTION 3. The revocable permit, hereby granted, may be revoked by Resolution of the City Council at anytime hereafter without notice. INTRODUCED February 12, 2007 BY Michael Occiato Councilperson APPROVED: QZ& j p� el&xv — FFRESIDLINTof City Council ATTESTED BY: CITY CLERK 2ts. ia9aL9 D �I 0 �J p c Background Paper for Proposed RESOLUTION AGENDA ITEM # 3 DATE: FEBRUARY 12, 2007 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT FOR THE INSTALLATION AND MAINTENANCE OF LANDSCAPING IN THE PUBLIC RIGHT -OF -WAY ALONG ELIZABETH STREET AND WEST SECOND STREET, MORE COMMONLY KNOWN AS 518 WEST SECOND 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 Elizabeth Street and West Second Street, more commonly known as 518 West Second Street? RECOMMENDATION Approve the Resolution. BACKGROUND Mr. Gary E. Armstrong, President of Gaveretta LLC, owner of the property located at 518 West Second 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 Elizabeth Street and West Second 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% 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. Mr. Armstrong purchased the building at 518 West Second Street and has made considerable improvements to the building and surrounding property. The paving improvements triggered landscaping to be instituted on the property. Section 17- 4 -7(b) e., of the Pueblo Municipal Code, allows landscaping in the Downtown, Minnequa, Mesa Junction, and Union Avenue areas to occur in the public right -of -way where possible. It was recommended that the required street trees and parking lot screen be planted in the public right -of -way instead of requiring the applicant to remove the existing asphalt pavement. The revocable permit would allow for the required landscaping to be installed and maintained on the public right of way enhancing the streetscape and neighborhood character. The Department of Community Development, the designated Review Agency, recommends the following: 1. Landscape the public right -of -way between property and back of curb and gutter, except for the vehicle access along Elizabeth Street and West Second Street. 2. 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. 1780896 REV PMT 09/03/2008 03:40:38 PM Res. 10929 Payge: 1 of 2 R 11.00 0 0.00 T 11.00 Glfhert Ortiz Clerk /Recorder, Pueblo County, Cc LANDSCAPING REVOCABLE PERMIT (Section 174-7 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: Gaveretta LLC Address of record: 518 W. 2 nd Street 1105 Zuni St Pueblo, Colorado Denver, CO 80204 2. Legal description and street address of real property owned by Permittee subject to Section 17 -4- 7ofthe Puebl oMunicipalCode ( "Permittee'sProperty "): Lots 4, 5, 6, Block 14 State addition to Pueblo; less that portion in certificate of abandonment in book 2676 at page 140, and less that portion described in special warranty deed in book 2702 at page 930; and Lot 7, Block 14, State addition to Pueblo; and Lot 8, Block 14, State addition to Pueblo; less that portion conveyed to Pueblo, a municipal corporation by quit claim deed recorded April 13, 1956 in book 1295 at page 323. 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 1 20 days from date hereof install landscaping on Permittee's Property and in the Permitted Area in compnance with the Section 17-4- 7ofthe 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 Permittee, 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 Per — ittee's Property which meets and complies with Section 17 -4 -7 of the Pueblo Municipal Code or any substituted provision thereof; and NOTE: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. 1780896 REV PMT 09/03/2008 03:40:38 PM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co } Res. 10929 mill l��I�TYr �d4 #��I�If��dMYih��4�'�114M1Wv� 11111 (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 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 die 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 11 day of January 12006 STATE OF Colorado ) Denver ) ss. COUNTY OF __ ) Permittee Name- / a� The foregoing instrument was acknowledged before me the 1 2 day of 20(3 7by d utwi. (SEAL) Witness my,�o'1 ORA64jed,,signature. My commission expires: _ zii VA Zc c - o14 tary Public °UBIIC '20 . APPROVED this $d'04t _O a u t1 n t`� � ` , " 7.+p� Pueblo, a Municipal tlon �� Presi ent of bhe City Council -2-