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HomeMy WebLinkAbout14254 RESOLUTION NO. 14254 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO RAY’S TRUCK PLAZA FOR THE USE OF THE 29TH STREET RIGHT-OF-WAY TO KEEP AND MAINTAIN AN EXISTING FENCE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Revocable Permit is authorized to be issued Ray’s Truck Plaza for the use thth of the 29 Street right-of-way adjacent to 1715 West 29 Street to keep and maintain existing fence. 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. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. The City Clerk is directed to cause said Revocable Permit to be forthwith recorded in the office of the Pueblo County Clerk and Recorder. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: August 12, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 12, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Dan Centa, P.E., Acting Director of Public Works SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TH TO RAY’S TRUCK PLAZA FOR THE USE OF THE 29 STREET RIGHT-OF- WAY TO KEEP AND MAINTAIN AN EXISTING FENCE SUMMARY: Attached is an application for a revocable permit submitted by Ray’s Truck Plaza. for the use of th the 29 Street right-of-way. PREVIOUS COUNCIL ACTION: None. BACKGROUND: thth Ray’s Truck Plaza is requesting the use of the 29 Street right-of-way adjacent to 1715 West 29 Street, to keep and maintain an existing fence that was installed in 2015. This property is currently undergoing rezoning to be used as a small car lot. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will require the fence to be relocated 6 feet back and reduce amount of usable property for the intended use of a small car lot and customer parking. RECOMMENDATION : Approval of the Resolution. Attachments: Revocable Permit, Letter of Intent, Letter to Planning & Community Development, Certificate of Liability, Landscape Plan, and Zoning Exhibit re: kttesolutionl4254 2152132 09/12/2019 03:47:46 PM Page: 1 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III���.rR1 M�014%1M 411 Pa.f, It' 11111 REVOCABLE PERMIT (Existing Structure) 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: Ray Seybold, Ray's Truck Plaza, 1715 W. 29" Street, Pueblo,CO 81008,719-542-7160 2. Permitted Area: 29th Street Right-of-way adjacent to 1715 W.29'Street 3. Purpose of Revocable Permit: Allow the Authorized Structure to be within the Permitted Area until termination or revocation of this Revocable Permit. 4. Authorized Structure: Fence 5. Commencement Date: August 12.2019 Time: N/A 6. Ending Date: Indefinite Time: N/A 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. In no event shall the Authorized Structure be enlarged or otherwise expanded beyond its current size or location. (b) The Authorized Structure shall be 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 café, the Permittee and sidewalk café shall be subject to all the provisions, conditions and requirements contained in section 9-10-84 of the Pueblo Municipal Code, or as same may be amended,which are incorporated herein by reference. In addition, the Authorized Structure shall not be tied-down or chained to any tree within or adjacent to the Permitted Area nor shall the Authorized Structure 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) Before the Time of the Ending Date, or immediately upon any other termination of this Permit, Permittee shall, at Permittee's expense, remove the Authorized Structure from the Permitted Area, repair any damage caused by such removal and restore the Permitted Area to a condition compliant with all existing laws. Failure to timely remove the Authorized Structure from the Permitted Area,repair any damage caused by such removal and restore the Permitted Area to a condition compliant with all existing laws shall constitute Permittee's abandonment of the Authorized Structure, and the City may, at Permittee's expense, remove the Authorized Structure from the Permitted Area, repair any damage caused by such removal and restore the Permitted Area to a condition compliant with all existing laws. Permittee agrees to pay all City's costs and expenses, including reasonable attorney fees, incurred in the enforcement of this Permit. (e) Permittee shall keep the Authorized Structure and Permitted Area in good, clean and safe condition and repair, free from litter,waste and debris. (f) 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, repair or maintenance of the Authorized Structure in the Permitted Area, or the use of the Permitted Area or Authorized Structure by Permittee, its officers, agents,employees, invitees or general public. (g) Neither this Permit nor any of the privileges granted to Permittee hereby, may be conveyed, assigned, transferred or sublet by Permittee 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. (h) Permittee shall keep and maintain commercial general liability insurance covering the Permitted Area and the Authorized Structure in amounts not less than $1,000,000.00 combined single limits per occurrence and aggregate, naming CA—4/6/10 2152132 09/12/2019 03:47:46 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 ' Gilbert Ortiz Clerk/Recorder Pueblo County, Co IIII 1P0141 M'j:1I '«',I.HCItKViRa,ti'liii4 11111 and each renewal thereof shall be delivered to the City. Failure to maintain such insurance shall cause this Permit to be automatically revoked. (i) 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. (j) 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 (j). (k) 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 Permittee's Authorized Structure 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 Authorized Structure 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. (1) This Permit shall terminate upon the occurrence of any one of the following events: (i)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 (g)and (h)above; or(v)revocation or termination of this Permit by resolution of the City Council of City. (m) 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 el, 4 day ofJ li'itt.. ,20 1) . PERMITTEE: Organizati.n: _" . By: Title: ��rf STATE OF COLORADO ) COUNTY OF PUEBLO )ss The foregoing instrument was acknowledged before me the j day of 31411.3 , 20 )9 by I_ ii it - I j CY as i 4 ' •-1• My commission expires: gr A P RI• ARNETT SEAL NOTARY PUBLIC 4 /.1 / i 1/ t w// STATE OF COLORADO ,, , NOTARY ID 20134024363 otary Pu. is My Commission Expires 04-17-2021 APPROVED this •a . ,20 PUEBLO,a Municipal Corporation By or CA—4/6/10 City of Pueblo The area that will be used to display 8 trucks to 29th street side. The fence has been in use for over 4yrs. and is set back lOFT from curb which provides 4FT sidewalk with 6FT for future planting of landscaping. If we move the fence back 6FT to meet requirement of City we would than have 11 FT to drive vehicle in the lot, we have no one on street parking in 29th St and there is a bus stop on Morris Ave that give NO on street parking, all of our customers must park on our lot inside of fence. To my knowledge we have had no complaints from public or neighbors. ybold R& L Services Inc b ljdd� l�i�jS�PvlK R & L SERVICES, INC 3241 SHALIMAR TERRACE • PUEBLO, CO 81008 • (719)251-7160 October 5, 2017 City of Pueblo Planning & Community Development Attn: Steven Meier, Director RE: DETAIL EXPLANTION When I purchased 1715 29th Street, 25 years ago it way my intention to modernize and bring the corner building to up today's standards. Over the years I have been improving this property. The first was to remove fuel tanks. That was done in 1992 by C&T Tanks. They also removed all dirt in a 30 x 40 foot area to a depth of 14 feet. The open area was filled by using number 1 road base. The front yard has had all the asphalt removed and replaced by cement over the years. The building has been remodeled and all electrical, plumping, air conditioning, roofing and stucco has been redone in 2008 and a rod iron fence was installed in 2015. All of this work has made it one of the more attractive buildings in the area. We would now like to change zoning from B1 to B2 to allow a small used car dealership with a special use permit. This would allow a corner lot on 29th and Morris Ave to become a tax revenue producing property. When we receive our city license to operate a small operation to sell 7 to 10 vehicles per month. We will be inspecting all our vehicles in our shop that is equipped with 2 hoists and will only do small repairs (starter, alternator, tire changes, oil changes and brakes) I have sold cars and trucks in Pueblo for over 40 years during which time I have had large lots and now want to sell a small amount to give me something to do each morning. It is my hope that this change from B1 to B2 accomplished which would not only improve the corner, but also be a good tax revenue to the City of Pueblo. Sine ely, - i'' aymond Seybold President, R& L Services Inc