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HomeMy WebLinkAbout11195RESOLUTION NO. 11195 A RESOLUTION AUTHORIZING THE ISSUANCE OF REVOCABLE PERMITS TO TOM G. HALL DRYWALL FOR THE USE OF THE RIGHT OF WAY LOCATED AT 2904 EAST 4 T " STREET FOR THE PURPOSE OF INSTALLING A FENCE AND FOR INSTALLING LANDSCAPING AND AN IRRIGATION SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permits are authorized to be issued to Tom G. Hall Drywall for the use of the right of way located at 2904 East 4 th Street for the purpose of installing a fence and for installing landscaping and an irrigation system. SECTION 2. The use of the public right -of -way granted hereby is subject to all limitations, terms and conditions set forth in the attached Revocable Permit. INTRODUCED January 14, 2008 BY Judy Weaver Councilperson APPROVED. PRESIDENT OF THE CITY COUNCIL ATTESTED BY: ITY CLERK R6 . 14 � ° I5 M m Background Paper for Proposed RESOLUTION AGENDA ITEM # (p DATE: JANUARY 14, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR - DANIEL E. CENTA, P.E. TITLE A RESOLUTION AUTHORIZING THE ISSUANCE OF REVOCABLE PERMITS TO TOM G. HALL DRYWALL FOR THE USE OF THE RIGHT OF WAY LOCATED AT 2904 EAST 4 STREET FOR THE PURPOSE OF INSTALLING A FENCE AND FOR INSTALLING LANDSCAPING AND AN IRRIGATION SYSTEM ISSUE Should City Council issue Revocable Permits to Tom G. Hall Drywall for the use of the public right -of -way located at 2904 East 4` Street for the purpose of installing a fence and for installing landscaping and an irrigation system. RECOMMENDATION The Revocable Permit Review Committee recommends approval. BACKGROUND Tom G. Hall is in the process of constructing a new building at this site. As a condition of the building permit, the applicant is required to have a 10 -foot landscape setback. Because of the limited available space on this property, the applicant needs to utilize the right of way to meet the landscape requirement. The applicant would also like to install a fence. See attached letter from Laurie Clark, Clark Engineering, dated December 21, 2007. FINANCIAL IMPACT None. ' Resolution # 11195 17 g ofPZ PERMIT 00 0200 $ 03.00 :15 PM Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III K RMOVY Nil � 1 W WrA 11111 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: Permittee's name and address: Tom G. Hall 1520 Zuni Rd Pueblo, CO 81001 (719) 542 -5437 2. Legal description and streetaddress ofreal property owned by Permittee subject to Section 17- 4-7 of the Pueblo Municipal Code ( "Permittee's Property"): Lots 1 & 2, Block 1, Fearnowville and N 30 ft of vacated Hwy 96 adjacent to Lots 1 & 2 of Block 1, Fearnowville 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 ofthis Revocable Permit, Permittee represents, warrants and agrees as follows: I . Permittee shall within 180 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 anytime, without notice to or hearing by Permittee, and Permittee waives any and all Claim to any such notice and Iiearing. 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 Property or other property allowed under said Sections of the Pueblo Municipal Code or any substituted provision thereof. NOTP,: This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder. 17 PERMIT 01/23/2008 03:47:18 PM .. 01 lbar Clerk /Reccorrderr,TPueebllool County, Co ,III III ! 1114T L W���117 '. (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 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 _ day of 20 Permittee Name• B STATE OF ) ) ss. COUNTY OF Q ) for o' instrument was acknowled ed before me the day of, 20j, by 0.S 0 D UII fl (SEAL) Witness my official seal and signature. My commission expires: Q� APPROVED this K' day of Mth N 20 Pueblo, a Municipal Corporation President of the City Council -2- �: ter: •� • � /: a .'• • fat' -2- REVOCABLE PERMIT Pursuant to the authority granted by Section 16 -9 of the Charter of Pueblo, a Municipal Corporation, (the "City"), the City Council of City hereby grants the following revocable permit to Permittee subject to and conditioned upon the provisions herein contained and the Permittee's compliance therewith: 1. Name, Address and Telephone Number of Permittee: Tom G. Hall, 1520 Zuni Road, Pueblo, CO 81001 (719) 542 -5437 2. Permitted Area: 2904 East 4 Street 3. Purpose of Revocable Permit: Fence in Right of Way 4. Authorized improvements: 5. Commencement Date: January 14 2008 Time: 6. Ending Date: Indefinite Time: PERMITTEE IN CONSIDERATION OF THE ISSUANCE AND GRANTING OF THE ABOVE DESCRIBED REVOCABLE PERMIT (THE "PERMIT") REPRESENTS, WARRANTS AND AGREES: (a) The Permitted Area shall be used for the above - specified Purpose of Revocable Permit. No use of the Permitted Area shall be made before the time of the Commencement Date. (b) All structures, fences, tables, chairs, equipment or other improvements authorized to be placed in the Permitted Area by Permittee (the " Improvements ") shall be constructed, installed, and maintained by Permittee in compliance with all applicable codes, ordinances, rules and regulations of City and this Permit. (c) If the Revocable Permit is issued for a sidewalk caffe, the Permittee and sidewalk caf6 shall be subject to all the provisions, conditions and requirements contained in section 9-1 0-84 of the Pueblo Municipal Code, or as same may be amended, which are incorporated herein by reference. In addition, no Improvement shall be tied -down or chained to any tree within or adjacent to the Permitted Area nor shall any Improvement be installed or located in such a manner as to hinder or interfere with the opening of motor vehicle doors or passenger movement to and from motor vehicles parked adjacent to or near the Permitted Area. (d) If this Permit is issued for the use of the public right -of -way for a special event, Permittee shall deposit with the City the sum of $500.00 (" Deposit"). The Deposit will be forfeited to the City if Pennittee does not remove all Permittee's equipment and property from, and clean and restore the Permitted Area to its original condition before the Time of the Ending Date. If so timely removed and cleaned, the Deposit will be returned to Permittee. (e) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition. Failure to timely remove all of Permittee's Improvements from the Permitted Area and clean and restore the Permitted Area to its original condition shall constitute Permittee's abandonment of the Permittee's Improvements, and City may, at Permittee's expense, remove and dispose of Pennittee's Improvements and clean and restore the Permitted Area to its original condition. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (f) Permittee shall keep all Improvements and Permitted Area in good, clean and safe condition and repair, free from litter, waste and debris. (g) 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 Permit or the conditions hereof, or the existence, construction, installation, repair or maintenance of the Improvements in the Permitted Area, or the use of the Permitted Area or Improvements by Permittee, its officers, agents, employees, invitees or general public. (h) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Pe without the prior written consent of the City Council of City. Any attempted conveyance, assignment, transfer or subletting of the Permit or Permitted Area without the written consent of the City Council of Pueblo shall be void and of no effect and shall cause this Permit to be automatically revoked. (i) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and Improvements in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming the City as an additional insured. A certificate for such insurance and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (j) Trees, landscaping and shrubbery within or adjacent to the Permitted Area shall be protected from damage or injury by Permittee and shall not be removed except after receipt by the Permittee of the written consent of the City's Director of Parks and Recreation. (k) Any notice or other document required or permitted herein shall be in writing and delivered personally or by first class mail, postage prepaid, as follows: (i) If to Permittee, at the address shown in paragraph 1 above. (ii) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: Revocable Permit Review Committee. Each party reserves the right to change its address provided notice of such change is given in accordance with this paragraph (k). (I) City reserves and is hereby granted by Permittee access to, under and through the Permitted Area for any and all purposes. City may injure, damage or remove any and all Permittee's Improvements in the Permitted Area in exercising the right of access hereby reserved and granted. Permittee assumes the risk of injury, loss and damage to Permittee's Improvements within the Permitted area, and City shall have no responsibility or liability for any damage or injuries thereto, whatsoever the cause, including, but not limited to, the acts or omissions of City, its officers, employees, or agents. (m) This Permit shall terminate upon the occurrence of any one of the following events: (1) the Time of the Ending Date, (ii) abandonment or non -use by Permittee for a period of three (3) consecutive months, (iii) surrender or cancellation of the Permit in writing by Permittee, (iv) automatic revocation as provided in paragraphs (h) and (i) above; or (v) revocation or termination of this Permit by resolution of the City Council of City. (n) Permittee acknowledges and agrees that this Permit is temporary and subject to revocation or termination by resolution of the City Council of City, in its sole discretion, for any reason or no reason, at anytime, without liability to City, and without notice to or hearing by Permittee. Permittee waives any and all right or claim to such notice, hearing, and liability of the City. // Signed in Pueblo, Colorado this _ day of � Gp� -N1h,;(Z , 20 07. PE' u TTEE: Nam • 1 r / Z—t By , ./ STATE OF COLORADO ) COUNTY OF PUEBLO ) ss.. } ' ,200' The foregoin instrument was acknowledged before me t :., 11 S day of QC ,/./4�2 by:Jo 2 6) ,, M as o- of Tow, G . He 1 I .rc y . /Urct 11 l _ 1 ?;/ My commission expires: J del / [SEAL] (.. :Alg , , Aio _ Notary Public ~__ APPROVED this ( day of Jarlu(vv , 20 O . . PUEBLO, a Mu ' I ` Crporation By B 4 V President of the City Council CA - 7/22/03 E 167.90 i \ 1 ' , c udd S f Z7 r �1 ` ' \ fU Z J • o 0 'Vb.. 0 \\ \ \\ — , Ia ° r 555 , — 0 6. 1 0 I '21'24' E 139.68 \ � �� \ , 0 1— _ ( 0 , •5 o r \; - , —,___,,, * __,.\ � \' *— \\ 11 1 ' V i \ A = i � ` ��` 5 ti; \ • cr 1 . \ -- 5'36. E 211.49 i ce*' , �� �Q \ \ ' STEEL BLDG ` 3 v. 4 \ \ ;, _ r ; \ t \ —I 0 , , t • x v. \ \ ; g \ `' , \ IQ \ ' N y 144 • q. M a. el e \ z 5 \ 5 I g o r 2 X ,\ o \ a �, i J 2 a � )_ " t '\ c l P C i �� - -- \ 1 R p w � 5 v * / ■ V IP1 1 1 h i 1 d '$ 1 a If I; 1 : TOM HALL DRYWALL REVOCABLE PERMIT ("! a t R an 1, 2, 3 & 4, 131X 1, FEARNOWVILLE & N. 30 VAC. HWY 96 j+; , SW Rosa mato° 81080 I S i CA PREUMINARY GRADING PLAN ► �' 167.90 is . . \ " S0011'24 "E 100 15' ' \ Ss CO*00 : 1 \ Z= 0 7MY cr. \ 21'24' E 139.68 I 1 s.- \\ a � ; is u ma • A \ • at (2 r— ___\ I 14 ( —4 14' 16-\ Is ty R = fla \ : j1171778" 36' E 211.49 t a \ \\ a lb \ \` _'\� \\\ ''' 1' 4' STEEL BLDG \ \ ; r �,\ 0 t 8 W e --. t x d i 1 \ R 4 ` \ ,, LO 1 0 t I to $g o x „,„ d $ r iiir a ` hi p L i, pi E o o 1 TOM HALL DRYWALL REVOCABLE PERMIT ii ; 1 L015 i, 2, 3 & 4, BLK 1, FEARNOVIMLLE do N 30' VAC. HWY 96 am CO At t OW WM 1 C2 i - PRELIMINARY 97E PLAN _ 801411311 167 90 ( ate \ •.t\rtw trr.A► *� - tr 1 ,6 t�l� \11 ` \ �lYQt co I I o �� � i i g 2S D 0 ' ' p O ITI C7 i is . \ r y 01 r= xi t m o 0 000 al 4 . ' , ,ar--,giltik,...,,‘,. AI \ , r • ?1'24' E 139.66 • • N r�"�� (n Mk 't -11 a 14 ■,,: \ 0 -a 1 -.. v ........ ,.....-Vii \ k F . E E E �•. ��� • E E F F E 4 .. , / E F E F \ . 1 = 1 4 f / • f 10 , � ` • E E E E mE= E F E F F E AF f E E E E f H E E F E E E E E f E E „ y • f E E E E 4 F E E E * F FF E 4 * 4 E 4 4 E 4 'er Ilk . ��. \ • • f + E 4 4 E • ' F + 4 k 4 + E * f * l E E E E E E E E E E f F f E f '• `. , '` - F E E E f f E E E 36'E 21 - I L -- It'x X F STEEL BLDG a'` • " r � � '' \ `` 0 -I 2 m W g (� \ \ \ i a 2 4 1 2 d. \ i \ \ \ m 0 q $ A ir i - ( i -, , , , 0 1/ o n ill , ,1'-\ x\ ti a -$- . j\ \ • • ,, 1 ill 2 . k / V I i I i o g o \.- t s T 1i TOM HALL DRYWALL REVOCABLE PERMIT CEA= 0 k ,'' SI m 2 I LOTS 1, 2, 3 & 4, BLK 1, FEARNOWVILLE & N. 30' VAC. HWY 96 0 u 2 PRELUONARY LANDSCAPE PLANPNG PLAN FAX w �e - s LAURIE E. CLARK, P. E. CLARK ENGINEERING 6821 HIGHWAY 78 WEST PUEBLO, COLORADO 81005 (719)566 -6800 JN 06129 December 21, 2007 Letter of Intent Applicant : Tom G. Hall 1520 Zuni Road Pueblo, Colorado 81001 (719) 542 -5437 Representative: Clark Engineering 6821 Highway 78 West Pueblo, Colorado 81005 Attn.: Mrs. Laurie E. Clark (719) 566 -6800 Tele (719) 564 -5338 Fax Attention: Revocable Permit Review Committee City of Pueblo 1 City Hall Place Pueblo, Colorado 81003 Re: Revocable Permit to allow installation of fence, landscaping and irrigation system with the E. 4 Street Right -of -way adjacent to 2904 E. 4 Street Dear Committee Members: Tom G. Hall intends to construct an Office/Warehouse building on Lots 1 and 2 and the north 30 feet of vacated Highway 96. The facility perimeter will be fenced and gated. The applicant requests a revocable permit to construct the fence and gate adjacent to E. 4 Street, 9.15 feet into the right -of -way to line up with the existing contractor yard fence to the east. This leaves approximately 18 feet between the proposed fence and face of new curb. The applicant also requests the revocable permit allow the installation of landscaping and an irrigation system within the right -of -way to satisfy the 10 foot landscape buffer requirement. The applicant will be landscaping the 27 foot between the property line and the curb, exclusive of the six (6) foot attached sidewalk. This is an unusually wide landscape area and as such the applicant requests that landscaping this area be accepted in lieu of the ten (10) foot landscape buffer on the property. This will also allow the building to be constructed closer to the north property line per the 1 -2 zone district zero (0) setback requirement for front yard. Shifting the building north also provides for better orientation of the detention pond and Individual Sewage Disposal System to the rear of the property. In summary the revocable permit is requested to allow: 1. Installation of fence and gate within right -of -way 2. Installation of landscape and irrigation system within right -of -way in lieu of ten (10) foot landscape buffer on the property adjacent to a right -of -way. The preliminary construction plans for this construction include the preliminary grading plan, preliminary site plan and preliminary landscape planting plan. The fence and landscaping are shown on these plans. Prior to submitting a Commercial Site Plan Application the project surveyor will submit a lot line re- arrangement to vacate the lot line between Lots 1 and 2. Please contact our firm with any questions or comments concerning this application or the project in general. Sincer ly, Laurie E. Clark, P.E. JAN -03 -2008 THU 11 :24 All FAX N0, P. 01 01 17:36 97033301486 STATE FARM FIRE PAGE 82 FE-6321 (7198; ADDITIONAL, INSURED ENDORSEMENT State or Political Subdivisions — Permits Policy No.: 96 KY 6200 - 9 Named Insured: HALL THOMAS 0 DEA TOM 0 HALL DRYWALL. 1520 ZUNI RD PUEBLO CO 81001 -1619 State or Political Subdivision: CITY OF PUEBLO ATTN REVOCABLE PERMIT REVIEW COMMiTTEE 1 CITY HAL L PL PUEBLO CO 81003 -4201 WHO IS AN INSURED, under SECTION it 2. This insurance does not apply to: DESIGNATION OF INSURED, is amended to include as an insured any state or political sokilviaipn shown Q, bodily injury, property damage, personal above, subject to the following provisions: injury or advertising injury arising out of operations performed for the state or 1. This insurance applies only with respect to municipality; or operations performed by you or on your behalf for b. bodily injury or property damage included i which the state or political subdivision s issued a within the products-completed operations hazard. FE GS2� C? /861 JAN-0 4-2008 FRI 06:12 PM FAX N0, P, 02 CERTIFICATE OF INSURANCE This certifies that ® STATE E FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois [] STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois O STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario O STATE= FARM FLORIDA INSURANCE COMPANY, Winter Haven. Florida ❑ STA1°k FARM LLOYDS, Dallas, Texas insures the following policyholder far the coverages indicated below; Name of policyholder HALL, TrHOMAS G. [ILIA: TOM r3 HALL DRYNAT L Address of polityholder W 1520 ZUNI. D. , PUEBLO, CO ti1001 �` — - -- _r - - -- Location of operations _co LO tARC Description tot operations DRYWALL corm RACT OR ----- The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms exclusions, and Conditions of those policies. The limits of liability shown may have been redvced by any paid claims POLICY PERIOD LIMITS Or LIABILITY POLICY NUMBER TYPE OF INSURANCE Effective Date ; Expiratbon Date (at beginning of policy period) _ —... 36-KS-2075- .. - Comprehensive BODILY INJURY AND 6 Business Liability U2 /0L /C7 ; . Q2/01/0E1 PROPERTY DAMAGE This insurance includes; IS Products - Completed Operations 1 Contractual Liability D Underground Hazard Coverage: Each Occurrence $ 1000000 ["j Personal Injury ❑ Advertising Injury General Aggregate $ 2000000 0 Explosion Hazard Coverage ci Collapse Hazard Coverage Products Completed $ 2000000 EI MVoiCA -5, 000 Operations Aggregate - POUCY PERIOD BODILY ( NJURY AND PROPERTY DAMAGE EXCESS LIABILITY Effective D ata e.....,..-e Date (Combined Single Limit) o Umbrella — Each Occurrence $ D Other Aggregate_ _ $ ___...___..._ - ..., .._.J___w Part 1 STATUTORY Part 2 BODILY INJURY 96-•KH-92115 - 3 %Workers' Cornpensation 02/01/07 02 /G1 /0 and Employers Liability Each Accident $ 100000 Disease Each Employee $ 100000 Disease - Policy Limit $ 500030 POLICY PERIOD LIMITS OF LIABILITY POLICY NUMBER TYPE OF INSURANCE Ef [late i Expirat Data (at beginning of policy period) _I__ _ — . _---- THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRIIIIATIVELY NOR NEGATIVELY �� AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN_ 11 any of the described policies are canceled before its expiration dale, State Farm will try to mail a written notice to the certificate holder 30 days before Name and Address of Certificate Holder cancellation. If however, we fail to mail such notice, no obligation or liability will be imposed on Stale CITY of PU7RC,rJ Farm or its agents or t, epresentatives. AT'TN: RI VOCF,!3T E PEWIT REVIEW COMMITT11 1! j V i CITY HAIL PLACE r._.. .k {�_i , F�,L r 6..Q..k e JFRL,3, CO R.1073 Signature of Authorized Representative (}i /o 7 /C? nENNJS a KRALL Title — — ...�_. _ Agent's Cade Stamp 1 AFO Code 22 it .:1 T1 E.1 -41 42.7:; ACt ij W. %RAll tNS �yGY, MC 06 2 ssur,ai 34 Piiraac11nu5.A. TEN $QUTHEASi�CO1.0