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Home My WebLink About15138 RESOLUTION NO. 15138 A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO WENDY FETTY AND MIKE FETTY FOR THE PURPOSE OF INSTALLING LANDSCAPING IMPROVEMENTS IN THE RIGHT-OF-WAY NEAR 750 FORTINO BLVD BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Revocable Permit is authorized to be issued to Wendy Fetty and Mike Fetty for use of the right-of-way to install landscaping improvements in the right-of-way near 750 Fortino Boulevard. 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 of the City are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED February 13, 2023 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: DEPUTY CITY CLERK City Clerk's Office Item # M5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 13, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO WENDY FETTY AND MIKE FETTY FOR THE PURPOSE OF INSTALLING LANDSCAPING IMPROVEMENTS IN THE RIGHT-OF-WAY NEAR 750 FORTINO BLVD SUMMARY: Attached is a draft revocable permit to be approved for issuance to Wendy Fetty and Mike Fetty. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Wendy and Mike Fetty have submitted a revocable permit application requesting to install landscaping improvements in the public right-of-way near 750 Fortino Blvd. The Pueblo Municipal Code allows property owners and developers to meet the minimum landscaping requirements of the zoning district by installing certain landscaping improvements within the right-of-way upon issuance of a revocable permit authorizing them to do so. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: The Revocable Permit Review Committee recommends approval. STAKEHOLDER PROCESS: None. ALTERNATIVES: Failure to approve the Resolution will prevent the applicant from installing the landscaping improvements in the right-of-way. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Landscaping Revocable Permit re: Resolution 15138 Reception 2304687 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: 1.Permittee's name and address: Wendy and Mike Fetty 750 Fortino Blvd Pueblo,CO 81008 719-251-8660 2.Legal description and street address of real property owned by Permittee subject to Section 17-4-7 of the Pueblo Municipal Code("Permittee's Property"): PARCEL A COLLEGE ROAD SUBDIVISION 4TH FILING, REARRANGEMENT OF PROPERTY BOUNDARIES,RPB-21-12 FORMERLY #05-130-49-010 and 750 FORTINO BLVD PUEBLO,CO 81008 INCLUDING PARCEL B AND C 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. The property has an existing right of way between property line and back of sidewalk of a distance of(11')eleven feet on Fortino Blvd.and (5.5')five and a half feet on Crane Ridge Drive.The minimum required(10')ten-foot landscape setback area will be provided. In consideration of the issuance and granting of this Revocable Permit,Permittee represents,warrants and agrees as follows: 1.Permittee shall within 365 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 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 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 17-4-42,17-4-43,17-444 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 NOTE:This Revocable Permit must be recorded in the office of the Pueblo County Clerk and Recorder.-2-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. 2304637 02/16/202.3 03:13:52 PM Pe;ae 2 of 3 R 23.00 D 0.00 T 23.00 Carraace Ri,ierr•a 'erk;Recorder•, Pueblo Goun:v. Co 111 7.37 �b> I ,�! 2, 2. Executed at Pueblo,Colorado the day of,20 . PERMITTEE: �y Organization or `W „ Individual: A y By: V� .1.vim'l ,� aa�n t e - 1"-ft Title: STATE OF COLORADO) COUNTY OF PUEBLO)SS.. /Ick ,,/7yalt a T 2 The f�Qregoin instrument was acknowle4ged before me the, day of 20 by 14.114e,4M7 1 as .2' p✓[PC1•11/44 Z.2. . My commission expires: I' / u�((' . SHARON LUSTY X11 (` NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20024028334 MY COMMISSION EXPIRES AUGUST 15,2026 rlgtary Public 9 APPROVED this /c nay of P241.447 'M� 1 2qp PUEBLO,a Municipal Corporation / -fes+..fir By Nicholas A.Gradisar,Mayor ❑ o � 1� 2304687 02/1.6/2.023 03: 18:52 PM Page: 3 of 3 R 23.00 D 0 00 T 23.00 "anaacP Pi,,er6, Clef'ii ',“;orde- Pueb:a Cc,..rr1i.,, Co Mill P'Iil'ariw '1tlni '* K1,4141OC G it AMh1l;M 1114, Ill fll PROPOSED LANDSCAPE SETBACK AREA II'ON RIGHT DF MAYA EON.PHOPERIY PROPOSED SOUND WALL LOCATION e. PROPOSED CNAINLINK BARRED WIRE / LOCATION ON PROPERTY UNE __.. Pk Nr PARCEL 1 PERMITTED LANDSCAPE SETEACKAREA PERMITTED LANDSCAPE SETBACK AREAVV i 53'ON RIME OF WAY&4.S'ON.PROPERTY..._„_ PRapOSCQ_00094€FENCE LOCATION__— Yc T PROPOSED CNAINLINK BARBED WIRE --” LOCATION.ON.PROPERTY LINE \\4114 / PARCEL 0 06 AC • e I+ /, L1',/ PERMITTED LANLDF_DWAYSCAPE i47SE,Th PTBACKRAREAOPERTY S J; f II 1 T tI/ PROPOSED OPAQUE FENCE LOCATION \��l y �� I f 4.4'REINED PROPERTY LINE E1 it 7� //i;i / PROPOSED OPAQUE FENCE LOCATION SIUNMWAtR 'i� DRPRGEERIY.LINF ...__._ I]FTFNT UN Pr1Nr, �!