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
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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
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President of the City Council
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- PRELIMINARY 97E PLAN _ 801411311
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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:;
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