HomeMy WebLinkAbout1990-3256 Pedestrian Skybridges CORRECTED
ORDINANCE NO. 3256
AN ORDINANCE relating to construction of pedestrian skybridges
by private parties in the city pursuant to per-
mits granted for such purpose, setting require-
ments and procedures regarding such permits; and
enacting Chapter 11.65 "Pedestrian Skybridges"
and Sections 11.65.010, 11.65.020, 11.65.030,
11.65.040, 11.65.050, 11.65.060, 11.65.070,
11.65.080, 11.65.090, and 11.65.100 thereof as a
new chapter and new sections of the City of
Yakima Municipal Code.
WHEREAS, the City of Yakima (the "City "), as a city of
the first class, has the power to regulate and control the use
of streets and avenues within the corporate limits of the
city; and
WHEREAS, the free circulation of pedestrian and vehicle
traffic through the city is necessary to the health, safety,
and general welfare of the citizens of the city, and
WHEREAS, the construction of pedestrian walkways in the
• public airspace over streets, alleys, and other public places
in the city (the "skybridges ") will facilitate movement of
pedestrian traffic, especially within the major shopping cen-
ter of the core area of the city, and reduce the volume of
pedestrian traffic on the existing sidewalks and streets, all
of which is to the general benefit of the citizens of the
city; and
WHEREAS, the placement of skybridges in such airspace
will not interfere with the use of the surface of the streets
as a public right -of -way; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Chapter 11.65 "Pedestrian Skybridges" of the
City of Yakima Municipal Code together with Sections thereto
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is hereby enacted as a new chapter and new sections to read as
• follows:
"CHAPTER 11.65 PEDESTRIAN SKYBRIDGES
11.65.010 Definitions.
'City' means the City of Yakima, Washington.
'Department' means Community & Economic Develop-
ment Department.
'Permit' means a permit to construct, maintain,
and operate a skybridge in the city.
'Permittee' means the grantee of a permit.
'Skybridge' means a pedestrian walkway located
in public airspace over a street, alley, or other
public place in the city.
11.65.020 Policy and Purpose.
A. The City Council, finding skybridges to
promise improvement of pedestrian and vehicular
traffic in congested areas of the city, declares
that it is the policy of the City to approve, in
principle, the construction of pedestrian skybridges
over city streets and alleys. Such construction is
found to be in the interest of the public health,
safety, and welfare.
B. The purpose of this ordinance is to estab-
lish the procedure and criteria for the administra-
tion and approval of applications for permits to
construct, maintain, and operate skybridges over and
across streets, alleys, and other public places
within the city. The City Council intends that
proposed skybridges shall be reviewed with regard to
how well they serve the public interest and their
relationship to the cityscape. The provisions of
this chapter shall be liberally construed in car-
rying out the intent of the City Council.
C. Adoption or enforcement of this chapter
shall not be construed for the particular benefit of
any individual person or group of persons, other
than the general public. In the event of conflict
between the intent of this section and any other
section herein, this section shall govern insofar as
applicable.
11.65.030 General Requirements.
A. No skybridge shall be erected in the city,
except in accordance with this ordinance and at the
expense of the perrnittee. No permit shall be issued
unless all owners of the property to which the sky -
bridge is to be connected have joined in the appli-
cation for the permit.
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B. The construction of skybridges shall be in
accordance with the construction plans filed with
the City pursuant to Subsection 11.65.040 E hereof
and shall comply with the City Building Code and all
other applicable laws and regulations.
C. The permittee shall be responsible for fully
maintaining and keeping the skybridge in good re-
pair.
D. The relocation, alteration, or modification
of public facilities, fixtures, or street trees or
shrubs necessitated by the construction, main-
tenance, or repair of a skybridge shall be accom-
plished to the satisfaction of, and under the
direction of, the Department at the expense of the
permittee and without cost to the City.
E. The hours of operating of skybridges shall
be governed by the needs and business hours of those
stores and buildings who have built, or are build-
ing, operating, and maintaining skybridges, together
with consideration by the City Council of the public
need for safety and convenience, and may be speci-
fied by the City Council as a condition of the per-
mit.
11.65.040 Permit Application.
A. The City Manager or his designee shall adopt
administrative procedures with which a petitioner
• must comply to process a request for approval of a
skybridge permit or for appeal of conditions imposed
on or suspension or revocation of such permit.
B. Any owner of an interest in real property
abutting any street, alley, or other public place,
as defined in Section 15.02.020 of the Yakima Muni-
cipal Code, who desires to construct a pedestrian
skybridge over and above such street, alley, or
other public place, shall file an application for a
permit with the Department on a form prepared by, or
in a manner acceptable to, the Department. The
application shall be accompanied by a nonreturnable
filing fee in conformity with Chapter 15.26 of the
Yakima Municipal Code.
C. The application shall include the follow-
ing:
(1) Conceptual drawings of the proposed
skybridge, which shall include its location, size,
height above ground surface, and cost estimate;
(2) Conceptual drawings of alternatives to
the skybridge, with cost estimates;
(3) Drawings of the proposed skybridge,
showing its visual appearance;
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(4) Photographs of the location and imme-
diately surrounding area;
III (5) An environmental checklist as required
(and as may be amended) by Section 6.88.090 of the
Yakima Municipal Code substantially in the form
provided by WAC 197-11-960 (and as may be amended);
(6) A statement of the reasons for the
necessity of the proposed skybridge, and
(7) Any additional information deemed ne-
cessary by the Department for processing the appli-
cation.
D. Within forty-five (45) days after receipt of
the application and filing fee (unless further
review is required pursuant to Subsection 11.65.040
C(5)), the Department shall make a preliminary
determination on whether or not a permit should be
granted, denied, or modified. The preliminary
determination shall be based upon consideration of
the following.
(1) Adequacy of horizontal and vertical
clearance;
(2) Assurance of structural adequacy;
(3) Potential conflict with existing or
proposed utilities, street lighting, or traffic
control devices;
(4) View blockage;
(5) Interruption or interference with ex-
III isting streetscape;
(6) Reduction of natural light;
(7) Reduction of pedestrian activity at
street level,
(8) The number of pedestrians projected to
use the skybridge;
(9) Effect on commerce and enjoyment of
neighboring land use;
(10) Availability of reasonable alterna-
tives;
(11) Effect on traffic and pedestrian safe-
ty;
(12) Consistency with the City's comprehen-
sive plan,
(13) Accessibility for elderly and handi-
capped, and
(14) Such other matters as the Department
deems necessary to the public health, safety, and
welfare.
In making its preliminary determination, the
Department may develop any additional conditions or
exceptions as are consistent with the policy and
purpose of this ordinance. The Department shall
III
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communicate its preliminary determination in writing
to the applicant. If modification of the applica-
411 tion is required, the applicant may submit such
modifications, without payment of any additional
fees.
E. If the Department makes a preliminary deter-
mination that the permit should be granted, the
applicant shall submit construction plans to the
Department, which shall determine if such plans are
in substantial compliance with the application.
F. Upon completion of its review of construc-
tion plans, the Department shall submit its recom-
mendation to the hearing examiner appointed pursuant
to City of Yakima Municipal Code Chapter 1.43. The
examiner shall receive evidence submitted at an
audio-recorded public hearing for which the Depart-
ment bears the responsibility of providing ten days'
notice to the parties by first-class mail and to the
public by posting as described in Section 15.11.090
C. The examiner shall issue a recommendation to the
City Council, with findings and conclusions in
accordance with Section 11.65.040 D, within ten days
of the public hearing, copies of which recommenda-
tion shall be sent to the applicant within three
days of its issuance.
11.65.050 Grant or Denial of Permit.
The City Clerk with written notice to all
parties of record and the hearing examiner, shall
schedule a date for a public meeting before the City
Council, at which time the City Council shall review
evidence presented to the hearing examiner pursuant
to Section 11.65.040 F, including the audiotape of
the public hearing, and the examiner's
recommendation. The City Council shall by
resolution approve, deny, or approve with such
requirements, conditions, or exceptions as it deems
appropriate, consistent with the policy and purpose
of this chapter, a permit for construction,
maintenance, and operation of the proposed
skybridge. The City Council shall not grant a
permit unless it finds that the proposed skybridge
is in the public interest and no reasonable
alternative to such skybridge exists.
11.65.060 Conditions Imposed on Grant of Permit.
The City Council may impose such terms and con-
ditions as it deems necessary upon the grant of a
permit, which terms and conditions may include but
shall not be limited to: the term of years for
which the permit is granted and renewal periods;
required hours of operation of the skybridge, provi-
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sion for regular City inspection of and procedures
for closure or removal of the skybridge; require-
ments for performance bonds, public liability insur-
ance, indemnification, and annual fees; prohibition
against assignment without City Council consent,
requirements for removal of the skybridge; and time-
ly acceptance of permission.
Every resolution approving a permit shall pro-
vide that the permission granted is subject to the
primary use by the City of the street, alley, or
other public place under the skybridge for public
travel and other public uses, and that the City
expressly reserves the right to require the permit-
tee to remove the skybridge at its sole cost and
expense in case the skybridge interferes with public
travel or other public uses or is in any way detri-
mental to the public health, safety, or welfare; and
that a determination by the City Council that the
skybridge interferes with such public travel or
other public uses, or that the skybridge is detri-
mental to the public health, safety ,or welfare,
shall be final and conclusive without any right of
the permittee to resort to the courts to question
the same.
11.65.070 Permit Revocation and Suspension; Hear-
ing and appeal.
IIM A. Upon it appearing that any conditions of the
permit, any related agreement, or this ordinance,
are not fully met, the Director of the Department or
any other municipal official shall send a written,
ten-day notice to the permittee specifying the
violation and designating a time and place for a
public hearing before the hearing examiner. Ten
days' notice of the hearing shall be provided to the
public by posting as described in Section 15.11.090
C. The hearing shall be recorded on audiotape.
B. The hearing shall be informal. The examiner
may consider such testimony or materials deemed
appropriate, and shall issue a decision in writing.
The examiner may suspend or revoke the permit or may
condition continued skybridge use if the examiner
determines that the skybridge is detrimental to
public safety, improperly or inadequately main-
tained, contrary to the then-current land use or
zoning plan of the City, or interfering with, or
will interfere with plans for, public travel, trans-
portation, or utilities. The examiner's ruling may
be appealed by the City or the permittee to the City
Council by filing written notice with the City Clerk
within fifteen days of issuance. Filing of an
appeal by a permittee shall be accompanied by a fee
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in accordance with Chapter 15.26 of the Yakima
Municipal Code.
C. The City Council shall entertain such appeal
in a public meeting at its next regular meeting time
or other time most convenient, for which the City
Clerk has provided written notice to all parties of
record and the hearing examiner. Its decision will
be made on the evidence presented to the hearing
examiner at the public hearing and on the examiner's
ruling. It may suspend, revoke, or otherwise
condition continued enjoyment of permit privileges
upon such terms it deems appropriate. The City
Council's decision is final.
11.65.080 Effect of Suspension, Revocation, or
Expiration.
A. Upon suspension, revocation, or expiration
of a skybridge permit, the skybridge shall be sealed
against access or use, unless otherwise ordered by
the City Council.
B. Upon revocation or expiration, the permittee
shall remove the skybridge at its sole expense and
liability no later than six (6) months after the
permit expires, the decision issued, or final appeal
is decided as the case may be. If the permittee
fails to do so, the City may proceed to remove the
skybridge forthwith at the permittee's sole expense
and liability. The costs of removal, including
reasonable attorneys' fees for any legal action
initiated to accomplish the removal, shall be a lien
against the permittee's premises and the permit
shall so provide.
11.65.090 Assignment and Relinquishment.
No permittee may assign or relinquish permit
privileges and obligations without approval of the
City Council, subject to conditions the City Council
may impose. A permittee relinquishing privileges
may be required to remove the skybridge in like
manner as if the permit were revoked or had ex-
pired.
11.65.100 Exceptions.
Nothing herein shall prevent the City Council
from granting exceptions or imposing conditions upon
the matters regulated herein as it deems appropriate
in the interest of the public health, safety, and
welfare."
Section 2. This ordinance shall be in full force and
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effect thirty days after its passage, approval, and publica-
tion as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this
10th day of April, 1990.
\LC_4
■CM
Mayor
ATTEST
) •
City Clerk
Publication Date: MAY 1 1 1990
Effective Date JUN 1 0 1990
411
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