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Home My WebLink About09/05/2017 06L Right-of-Way Use Permit; North Front Street and Staff Sgt. Pendleton WayITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.L. For Meeting of: September 5, 2017 Resolution authorizing a Right -of -Way Use Permit for a gate in the alley between N Front Street and Staff Sgt. Pendleton Way Colleda Monick, Assistant Planner (509) 576-6772 Joe Caruso, Code Administration Manager Joan Davenport, AI CP, Community Development Director SUMMARY EXPLANATION: Doug Robertson, on behalf of North Front Street Association, is requesting a Right -of -Way Use Permit (RL 170044) to allow the organization to construct and maintain a 16 ft. gate in the alley between N Front Street and Staff Sgt. Pendleton Way. The property is located in the Commercial Business District (CBD) zoning district. Right -of -Way Use permits are processed under the provisions of Chapter 8.20, which requires review by the code administration manager and final approval by the City Council. The permit also requires liability insurance as prescribed in Section 8.20.060, which will be provided to the Office of Code Administration prior to issuance of any permit. Approved permits are valid for a period of one year, renewable annually. This allows the City an opportunity to review any public health/safety/welfare issues that may need to be addressed in subsequent years. This application was reviewed by the Development Services Team on August 1, 2017. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: 2 The Economic Development Committee reviewed the proposal at their July 27, 2017 meeting and recommended this item be brought forward to the full Council for consideration. ATTACHMENTS: Description Upload Date • Resolution a,13:2017 • Start Report S'1[1'2017 • Site Plan arY7 PMtcp R+1r1'2017 Type Resolution Resolution rack rip Material 3 RESOLUTION NO. R -2017- A RESOLUTION authorizing issuance of a right-of-way use permit in the alley at 25 N Front Street #2. WHEREAS, pursuant to Chapter 8.20 YMC, the City Council is authorized to issue permits for construction of certain improvements within public rights-of-way; and WHEREAS, Doug Robertson, on behalf of the North Front Street Association, is requesting a right-of-way use permit to allow the organization to construct and maintain a 16 foot gate in the alley between North Front Street and Staff Sgt. Pendleton Way in the public right-of-way due to an increase in loitering, criminal activity and accumulation of garbage and debris in the alley, which is having negative effects on the businesses in the area; and WHEREAS, the property is located in the Central Business District (CBD) zoning district; and WHEREAS, the application was deemed complete on July 28, 2017; and WHEREAS the gate will close the North/South Alley to pedestrian and vehicle traffic; and WHEREAS, city staff has recommended approval of such permit, with the addition of a termination provision allowing termination on 30 days' notice or at the end of the permit's one year term; and WHEREAS the Yakima City Council Economic Development Committee recommended that the application be reviewed by the full Council; and WHEREAS, the City Council, having considered such application and the recommendation of city staff, hereby finds and determines that issuance of the requested right-of-way use permit authorized pursuant to Chapter 8.20 YMC is in the best interest of residents of the City of Yakima and the City, and will promote the general health, safety and welfare; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager, or his designee, is hereby authorized to execute and issue a right-of-way use permit in accordance with the provisions of Chapter 8.20 YMC and in conformity with the application for such permit submitted by North Front Street Association by application dated July 28, 2017, and designated as city Regulatory License No. RL170044, for the installation of a 16ft gate to be installed in the alley between N 1' Street and Yakima Ave, which shall include the following provisions: 1. Follow all requirements of YMC 8.20, including but not limited to the insurance requirements; 2. North Front Street Association shall purchase and install a Knox Box with the assistance and direction of the Yakima Fire Department: 3. A building permit pursuant to the 2015 International Building Code shall be obtained prior to construction; 4. Installation of the gate shall allow for the maintenance access to underground utilities (manholes, storm grates, etc); 5. The following signs shall be installed in and around the alley at locations to be determined by traffic engineering; a standard Do Not Enter sign, an Alley Closed Ahead sign that will be a 30 x 30 diamond shaped sign with black letters on a yellow background, and reflective markers can be any red reflective material or sign with at least 324 sq inches (18 x 18) of reflective surface on each side of the gate; and 6. Termination of the permit may be made upon 30 days written notice to the North Front Street Association by the City. ADOPTED BY THE CITY COUNCIL this 5th day of September, 2017. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk 4 Planning DEPARTMENT OF COMMUNITY DEVELOPMENT Joan Davenport, AICP, Director Planning division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning 5 DATE: August 3, 2017 FILE NUMBER: RL -170044 APPLICANT: Doug Robertson, on behalf of North Front Street Association REQUEST: Right -Of -Way Use Permit to installation of a 16 ft gate between N 1St Street, south of Sgt Pendleton Way and north of Yakima Ave. LOCATION: 25 N Front Street #2, Yakima, WA STAFF CONTACT: Colleda Monick, Assistant Planner REQUEST Doug Robertson, on behalf of North Front Street Association, is requesting a right-of-way use permit to install a 16 ft gate in the alley between N 1St Street, south of Sgt Pendleton Way and north of Yakima Ave. The property is located within the Central Business District, (CBD) zoning district. FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on August 2, 2017, for technical review of this request. Formal comments were received and are included below. Yakima City Council Economic Development Committee met on July 27, 2017, for a technical review of the request and voted 3-0 to bring to full council for review. CONCLUSIONS 1. The proposed fencing in the Right -of -Way is consistent with the Urban Area Zoning Ordinance and provisions of YMC Chapter 8.20. 2. A Knox Box is required to be installed at a location approved by the fire department. Keys for the lock to the gate shall be placed in the box. 3. In addition to a Right -of -Way Use Permit, the applicant must apply/obtain a building permit pursuant to the 2015 International Building Code, prior to construction. 4. The installation of the gate needs to allow for maintenance access to underground utilities (manholes, storm grates, etc.). 5. All required submittals including a Site Plan, plans and specifications for the desired improvement, and evidence of commercial liability insurance have been submitted. RECOMMENDATION According to the findings listed above, the City of Yakima Planning Division recommends approval of the right-of-way use permit for 25 N Front Street #2, subject to a condition that the permit may be rescinded with 30 days' written notice, and all other requirements of Yakima Municipal Code 8.20 are met. Vakima 2015 1994 c{ 7 '404,4.• morarlall MOM WWI 41 MN NE Immo MB I* 1•111•111•11111M1 • 411! MIMI ME 111111111111111111111 MINI If. A1.4'S INC 1111116.1M=.11 r tala momidllt."•°' • firr ON 1 MI IM _ Ors Nil in MO NM im . aim1 mil INS MEM .. Or MN NMI MIN 30111 IIIIN 8 9 CityMap 10 August 3, 2017 1:564 o 0.00475 0.0095 0.019 mi 1 1 1 1 1 1 1 ,1 0 0.0075 0.015 0.03 km Sooc : Bil. DIJb)MDe, GeoEye, Earbs r GeogiwII , CUESAlbua DS. USDA. USGS,ACICG RID. 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