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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
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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
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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
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the 29 Street right-of-way.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
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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
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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
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' 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