HomeMy WebLinkAboutR-2021-112 Resolution authorizing a Right-of-Way Use Permit for a gate at the north end of the alley between N Front Street and N 1st St at Staff Sgt. Pendleton WayA RESOLUTION
RESOLUTION NO. R-2021-112
authorizing the issuance of a right-of-way use permit for a gate at the
north end of the alley between N Front Street and N 1st Street at Staff Sgt
Pendleton Way
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, Dan Koommoo of Crafted Restaurant is requesting a right-of-way use
permit to allow the continued use and maintenance of a 16 ft. gate at the N end of the alley (at
Staff Sgt. Pendleton Way) between N Front Street and N 1st St in the public right-of-way that
was installed in an effort to curb loitering, criminal activity, and accumulation of garbage and
debris in the alley which has negative effects on the businesses in the area; and
WHEREAS, the City Council had previously approved, and the gate had been installed
under right-of-way permit number RL170044; and
WHEREAS, the gate will continue as it is currently installed with no modifications being
proposed; and
WHEREAS, the property is located in the Central Business District (CBD) zoning district;
WHEREAS, the gate closes off the North/South alley to pedestrian and vehicle traffic;
WHEREAS, city staff has recommended approval of such a permit and recommends
that the application be reviewed by the full Council; and
and
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 the
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 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 Dan Koommoo by application dated July 12, 2021, and designated as
city Regulatory License No. RL210049 for the continued use of a previously approved 16 ft.
gate at the N end of the alley between N Front Street and N 1st Street at Staff Sgt. Pendleton
Way which shall include the following provisions:
1. Follow all requirements of YMC 8.20, including but not limited to, the insurance
requirements;
2. Dan Koommoo of Crafted Restaurant (applicant) shall maintain the gate's required
Knox key box, and shall assure that the gate is functional allowing access for the
maintenance of underground utilities (manholes, storm grates, etc.);
3. Applicant shall install and/or maintain required signage as determined by the City in
and around the gate and alley, specifically, a standard Do Not Enter sign; an Alley
Closed Ahead 30" x 30" diamond shaped sign with black letters on a yellow
background, and reflective markers on each side of the gate (can be any red
reflective material or sign with at least 324 square inches (18" x 18") on each side);
and
4. The City may terminate the permit after having provided 30 days written notice to the
applicant.
ADOPTED BY THE CITY COUNCIL this 17th day of August, 2021,
ATTEST:
Son laar Tee, City C:le
Patricia By s, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.K.
For Meeting of: August 17, 2021
Resolution authorizing a Right -of -Way Use Permit for a gate at the
north end of the alley between N Front Street and N 1st St at Staff
Sgt. Pendleton Way
Glenn Denman, CBO, Code Administration Manager
Joan Davenport, Al CP, Community Development Director
SUMMARY EXPLANATION:
Dan Koommoo of Crafted Restaurant is requesting approval of a Right -of -Way Use Permit
(RL210049) to continue the use of, and to maintain the 16 ft. gate in the north end of the alley
between N Front Street and N 1st St at Staff Sgt. Pendleton Way, previously approved and
installed under permit number RL170044. The property is located in the Commercial Business
District (CBD) zoning district. According to YMC 8.20.100, ROW Use Permits are non-
transferrable; therefore, this is a new application for the existing gate.
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
has been reviewed by the Development Services Team on July 27, 2021.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description Upload Date Type
2
D Resolution 7/26/2021 Cotter Memo
D Site Map 7/25'2021 Exhibit
a Photo of Gate 7/25'2021 Exhibit