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HomeMy WebLinkAbout2007-004 Driveway Approaches and Curb Cuts, Streets, Sidewalks; YMC Amendment ORDINANCE NO 2007 - 04 AN ORDINANCE relating to Driveway Approaches and Curb Cuts, Streets and Sidewalks, and amending sections 8 64 020; 8 64 030; 8 64 040; 8 64 070; 8 64 080; 8 64 100; 8 64 120; and 8 64 140 of the Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. Section 8 64 020 of the City of Yakima Municipal Code is hereby amended to read as follows "8.64.020 Permit requirements. No person, firm or corporation shall remove, alter or construct any curb, sidewalk, driveway approach, gutter, pavement or other improvement in any public street, alley or other property owned or dedicated to or used by this city and over which it has jurisdiction to regulate the matters covered hereby, without first obtaining a permit from the director of Public Wor-kc Community and Economic Development or designee and no permit shall be granted for driveways other than residential until the applicant shall file with the director of Publis -Works Community and Economic Development or designee for his approval two copies of a drawing showing the location and size of all such proposed improvements to serve the property affected. In case of new construction being supervised by an inspector from the engineering department, no permits will be required for the curb cuts " Section 2. Section 8 64 030 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.64.030 Application for permit. Application for permits to construct such improvements shall be made to the director of Public Works Community and Economic Development or designee on forms provided for that purpose." Section 3. Section 8 64 040 of the City of Yakima Municipal Code is hereby amended to read as follows "8.64.040 Approval of application -- Issuance of permits. Before approving the drawing of such improvement and issuing the permit, the director of Public -Works Community and Economic Development or designee shall determine that the proposed improvement is in conformance with the provisions and standards set forth in this chapter " Ordinance to Amend YMC 8.64, Driveway Approaches Page 1 of 4 Section 4. Section 8 64 070 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.64.070 Length of driveway approach apron. The length of driveway approach aprons shall not exceed the following dimensions. (a) For residential driveways, twelve feet for single driveways and twenty feet for double driveways (b) For commercial driveways, when one or more driveway approaches serve a given property frontage, no single apron shall exceed thirty feet in length if the property abuts a street where the prima facie speed is twenty -five miles or less per hour; or thirty -five feet where the prima facie speed limit is above twenty -five but under forty -five miles per hour; or forty feet where the prima facie speed limit is forty -five or more miles per hour; but any length in excess of thirty -five feet is subject to the approval of the director of Public Works Community and Economic Development or designee A safety island of not less than twenty feet of full height curb shall in all cases be provided between driveway approaches serving any one property frontage (c) Property frontage referred to herein includes approach areas'directly in front of property owned or under the control of the applicant, and such area as may be opposite adjoining property which is used for approach purposes by right of easement or agreement with adjoining property owner (d) Any driveway which has become abandoned or unused through a change of the conditions for which it was originally intended, or which for any other reason has become unnecessary, shall be closed and the owner shall replace any such driveway approach with a standard curb and sidewalk to be constructed, according to the city's general specifications." Section 5. Section 8 64 080 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.64.080 Construction details. (a) All driveway approaches between the curb line and the property line shall be constructed of Portland cement concrete except as provided in YMC 8 64 100 The concrete of the driveway approach, including the sidewalk section, shall be a minimum of four inches thick for residential approaches and six inches thick for commercial approaches (b) The sidewalk section of the driveway approach shall be finished and scored as specified by the director of Public -Works Community and Economic Development or designee for typical sidewalk construction. Apron and end slope areas of the driveway approach shall be finished, after trowelling smooth and scoring, with a fiber pushbroom drawn over the surface parallel to the curb line (c) Driveway approaches shall be constructed in accordance with standard plans for driveway approaches as specified by the director of Pubs Community and Economic Development or designee, a copy of which will be furnished applicant at the time the application is made " Section 6. Section 8 64 100 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.64.100 Permits- -Areas of limited street improvement. (a) Where standard gutters and curbs have been installed but concrete sidewalks have not been, the permit may authorize the applicant to construct the driveway approach from the curb line to the applicant's premises of the same materials as those used for paving applicant's premises Such driveway approach shall be constructed to established grade and shall be adequate and suitable for the traffic to be carried by it. Ordinance to Amend YMC 8.64, Driveway Approaches Page 2 of 4 The permit shall provide, and the applicant shall agree, that if and when thereafter concrete sidewalks are constructed the applicant or his successor shall install concrete driveway approaches (b) Where standard gutters and curbs have not been installed, the apron lengths set forth in YMC 8 64 070 shall be measured along the property line and there shall be not Tess than twenty feet of frontage between driveway approaches serving any one property Permits shall not be issued for any surface improvement or paving on the street right -of -way between driveway approaches unless a concrete curb or other physical obstruction, of a design satisfactory to the director of Pulalis -Werks Community and Economic Development or designee, is constructed and maintained by the applicant along his property line, so that the entrance and exit of vehicles to and from applicant's property will be restricted to the established driveway approaches. Pursuant to the permit provided for herein, applicant may surface the driveway approaches or other areas within the right -of -way by extending the same type of paving used on applicant's premises so that it merges with the street pavement, provided applicant's paving is adequate and suitable for the traffic to be carried, and does not interfere with proper street drainage Such paving between the property line and the street pavement may meet the street pavement at a point ahead of the curb opening in order to provide for safe deceleration of vehicles turning into the applicant's premises. If applicant's paving is extended beyond the property line into a street right -of -way at an intersection or crossroad, the director of Public -Works Community and Economic Development or designee may require applicant to construct a suitable traffic island or curb to provide for the protection of such municipal facilities as may be necessary " Section 7. Section 8 64 120 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.64.120 Variances for unusual conditions. The director of Public -Works Community and Economic Development or designee is authorized to grant in writing variances from the regulations and requirements of this chapter, providing he first determines that the following conditions are present: (a) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the city; (b) That the variance requested is not against the public interest, particularly safety, convenience and general welfare, (c) That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or tenants." Section 8. Section 8 64 140 of the City of Yakima Municipal Code is hereby amended to read as follows. "8.64.140 Notice to property owners to close driveway (a) Preliminary Notice Proceedings to require the closure of any driveway as required by YMC 8 64 070(d) shall be commenced by a written notice given by the director of Public Werks Community and Economic Development or designee of the city to the owner of the property involved, which notice shall specify the legal description and street address of the property involved and describe the condition to be corrected, and shall notify the owner to correct the condition within thirty days from the date such notice is given The notice shall further specify a date, no less than thirty days subsequent to the date of giving the preliminary notice, on which the matter will be reported to the City Council for formal action in the event of noncompliance with the preliminary notice. Service of the notice shall be made in person on the owner, or by United States mail addressed to the owner at his last known address In the event the occupant of the premises is someone Ordinance to Amend YMC 8.64, Driveway Approaches Page 3 of 4 other than the owner, a copy of such notice shall also be mailed to that occupant at the address of the property involved (b) Final Notice - -City Council Action In the event the condition described in the preliminary notice is not corrected within the thirty -day period provided by such notice, the director of Public-Works Community and Economic Development or designee shall report to the City Council, on the date specified in the preliminary notice, the fact of the giving of the preliminary notice and of noncompliance therewith The report shall include the legal description and street address of the property involved and a description of the condition sought to be corrected. On the receipt of such report, the City Council may, by resolution, require the owner to close the driveway and replace any such driveway approach with a standard curb and sidewalk, as may be necessary for compliance with the preliminary notice The resolution shall further provide for a final notice to be given to the same persons and in the same manner as provided for giving a preliminary notice, which final notice shall require that the condition be corrected within fifteen days from the date such final notice is given. and the notice shall further include notification that in the event of the failure of the owner to comply with the notice, the driveway approach will be replaced with a standard curb and sidewalk by the city with the actual cost of such replacement to be charged to the owner, with such charge to constitute a lien on the property (c) The provisions of YMC 8 64 020, 8 64 030 and 8 64 040 pertaining to permit requirements, shall apply to work performed by persons other than the city as a result of any notices given pursuant to this section." Section 9. Effective Date This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20th day of February, 2007 4 _ David Edler, Mayor ATTEST City Clerk Publication Date. 2/23/07 Effective Date. 3/25/07 Ordinance to Amend YMC 8.64, Driveway Approaches Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No` I For Meeting Of February 20, 2007 ITEM TITLE: Consideration of Ordinances amending the Yakima Municipal Code regarding the authority to enforce various provisions related to Streets and Sidewalks, including: (a) Dnveway Approaches and Curb Cuts, amending section 8 64 of the Yakima Municipal Code, (b) Excavations and Obstructions, amending section 8 72 of the Yakima Municipal Code; (c) Trees and Shrubs, amending section 8 80 of the Yakima Municipal Code SUBMITTED BY Chris Waarvick, Director of Public Works William R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Jeff Cutter, Sr Assistant City Attorney SUMMARY EXPLANATION: The following three ordinance amendments transfer the authonty for several programs from the Department of Public Works to the Department of Community and Economic Development. In part, these three ordinances represent "house- cleaning" measures. In 2002 the Street Break, Curb - cut, and excavation permit programs and staff (1 FTE) was transferred from Public Works to Community and Economic Development. However, the Municipal Code has not yet been updated to reflect the administrative authority These programs are authorized in Yakima Municipal Code Sections 8 64 and 8 72 (items "a" and "b ") The purpose of this programmatic and staff change was to streamline the process for citizens doing business with the city, as well as utilize the staff person in the Engineenng Division for inspections and coordination with city projects. (Contmued) Resolution Ordinances X (3) Contract Other (Specify Funding Source None necessary APPROVAL FOR SUBMITTAL City Manager STAFF RECOMMENDATION Approve the three Ordinance Amendments BOARD RECOMMENDATION The Council Transportation Planning Committee reviewed these ordinances in concept on January 12, 2007 and endorsed the transfer of administrative authority from the Departments of Public Works to Community and Economic Development. COUNCIL ACTION SUMMARY EXPLANATION (Continued from Page 1) The third ordinance (item "c ") would eliminate the redundant intersection clearview triangle now regulated by Yakima Mumcipal Code Section 8 80, Trees and Shrubs. Two conflicting intersection clear -view triangles now exist within the Municipal Code. These redundant and conflicting provisions of the Municipal Code have created confusion and staff over -lap on many occasions. The Yakima Urban Area Zoning Ordinance 15 05 040 Vision Clearance has broad authority for prohibiting obstructions at street intersections created by buildings, walls, fences, signs and vegetation. The provisions of the Zoning Ordinance should be the sole regulation for intersection clearviews. Proposed zomng amendments in 2007 may modify the existing 80' by 80' clearview area. One last item not included for action at this time is the sidewalk repair program authorized in Yakima Municipal Code 8 76, and the supporting cost sharing program, (sometimes called the "50/50 Program) is currently listed under the Director of Pubhc Works. Administration of this program is actually shared between the Community Development and Public Works Departments resulting in a cumbersome process. Staff has been discussing transferring the program to the Department of Community and Economic Development, in which the Engineering Division and the Neighborhood Service Divisions could work collaboratively on various sidewalk repair options. No decision has yet been arrived at concerning this transfer of program authority The Council Transportation Planning Committee requested that the ordinance be amended to devolve the "final notice" appeal provision to the Committee Review Board or a sub - committee of Council. This issue is still under legal review