HomeMy WebLinkAbout04/16/2024 09. Resolution authorizing a Right-of-Way Use Permit to install fencing in a portion of alleyway north of H St between 1st St and Front St 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of:April 16, 2024
ITEM TITLE: Resolution authorizing a Right-of-Way Use Permit to install fencing
in a portion of alleyway north of H St between 1st St and Front St
SUBMITTED BY: Bill Preston, Interim Community Development Director
*Glenn Denman, Code Administration Manager
SUMMARY EXPLANATION:
Yakima Neighborhood Health Services is requesting a Right-of-Way Use Permit (RL230094)to
fence in a portion of the alleyway that runs north and south between N 1st St and N Front St, north
of H St. The portion of the alley to be fenced off bisects the parcels that the existing motel is on.
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 the applicant has provided.
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.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution 4/1/2024 Resolution
D Memo 4/1/2024 Corer Memo
D Application_RL230094 3/22/2024 Backup Material
B Letters from Property Owners 3/22/2024 Backup Material
2
RESOLUTION NO. R-2024-
A RESOLUTION authorizing the issuance of a right-of-way use permit for the installation of
a fence in a portion of the alleyway adjacent to 818 N 1st St.
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, Yakima Neighborhood Health Services is requesting a right-of-way use
permit to allow the installation of fencing and gates inside of the alleyway that runs north and
south between N 1st St and N Front St, north of H St; and
WHEREAS, city staff recommends approval of such a permit and recommends 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 the
residences 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 Yakima Neighborhood Health Services by application dated June 5,
2023 and designated as City Regulatory License No. RL230094 for the use of right-of-way
adjacent to 818 N 1st St for said fence which shall include the following provisions:
1. Follow the requirements of YMC 8.20, including but not limited to, maintaining
insurance requirements;
2. The City may terminate the permit after having provided 30 days written notice to the
applicant;
3. Upon termination of the permit, the applicant shall restore such right-of-way to the
condition it was in prior to the installation of the work.
ADOPTED BY THE CITY COUNCIL this 16th day of April, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
3
Memorandum
DATE: April 16, 2024
TO: Yakima City Council
COPY: Bill Preston, Interim Community Development Director
FROM: Glenn Denman, Code Administration Manager
RE: Right-of-way Use Permit Application
The City of Yakima received a long-term right-of-way use permit application for the use of the
alley between N 1St St and N Front St at 818 N 1St St by Yakima Neighborhood Health Services
(YNHS) as part of their redevelopment of the previously occupied hotel. The new use consists of
renovating the hotel into a commercial and residential facility. The application is to construct
fencing and gates that will block off the alley creating a secure and controlled area for the use of
residents and staff within the site.
Pursuant to Yakima Municipal Code (YMC) 8.20.050, the City Council shall, by motion, approve
or deny the application. Application materials consist of a site plan showing the location of fences
and gates, utilities that will continue to be located in the right-of-way, and areas that will be utilized
by YNHS.
Proposed gates will be provided with Knox Box locks that will enable access to various utilities
within the alley as well as for emergency apparatus, personnel and equipment.
As part of the application process, YNHS was required to contact adjacent businesses that would
be affected by the closing off of the alley. Businesses have replied stating that closing the alley
would not affect their respective operations.
Should the Council approve the application, YNHS will be required to provide the required
insurance and hold harmless agreement in accordance with YMC 8.20.060 and 8.20.065
respectively prior to the issuance of the permit. Such permits are valid for up to one year from the
date of issuance and are subject to renewal annually.
City of Yakima staff recommends approval of the application.
4
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�'"`• ,''s, Code Administration Division
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RIGHT OF WAY USE REGULATORY LICENSE APPLICATION
YMC Chapter 8.20
Fees: ® Right of Way Use Permit(Permanent/Lonq-Term)
$100.00 Non-Refundable Application Fee/$100.00 Annual Renewal Fee
$435.00 Administrative Adjustment Application Fee (Review Required for Uses in Residential
Zones YMC 8.20.040(B))
❑ Small Wireless Facility
$100.00 Non-Refundable Application Fee/$100.00 Annual Renewal Fee
$150.00 Post-Installation Inspection Fee
❑ Short-Term Permit(Less than 30 days in Duration)
$50.00 Non-Refundable Application Fee
Type of Use Permit:
0 Business/Commercial Use (Commercial or Industrial Zone)—YMC 8.20.040(A)
City of Yakima Business License #: BLS230019
❑ Residential Right of Way Use (Located within a Residential Zone)—YMC 8.20.052
Administrative Adjustment: ADJ#
❑ Signs (including sidewalk and/or projecting signs)—YMC 8.20.055
❑ Small Wireless Facility—YMC 8.20.057
❑ Short-Term Permit—YMC 8.20.075 Start Date: End Date.
❑ Crosswalk Painting/Markings (see policy from Resolution R-2021-058 for more details)
Applicant Info: C Owner or ✓ Entitled Occupier of Adjacent Property]
Name:Yakima Neighborhood Health Services
Address:12 S 8TH ST
City:Yakima State:WA Zip:98901-3020
Phone: 509, 454.4143 Alternate Phone:
E-mail: rhonda.ww.ynhs.orq
Public Right-of-Way Use Location:
Describe Location: Alley way bisecting the motel parcels at 818 N. 1st Street
Purpose of Right of Way Use: To control the safety of the motel occupants
Type of Business Operated on Adjacent Property(if applicable):Commercial Multi-Use apartments
and coffee/office area.
Required Submittals:
❑ A Scaled Site Plan depicting the public right-of-way.
❑ Plans and specifications for utility/structure desired in or on public right-of-way.
❑ For permit specific requirements, see applicable code section in YMC 8.20.
❑ Hold Harmless and Indemnification Agreement(attached)
❑ Prior to issuance of license, applicant shall file evidence of comprehensive public liability
insurance, pursuant to the limits in YMC 8.20.060, with the City of Yakima named as an
additional insured party; a copy of additional insured endorsement shall be included.
5
HOLD HARMLESS AND INDEMNIFICATION AGREEMENT
RIGHT OF WAY USE REGULATORY PERMIT: YMC 8.20
THIS HOLD HARMLESS AND INDEMNIFICATION AGREEMENT ("Agreement") is hereby
entered into by Yakima Neighborhood Health Service',', (hereinafter referred to as"Applicant")holding
harmless the CITY OF YAKIMA as outlined herein.
Applicant voluntarily assumes and freely chooses to incur any and all risk of loss, damages,
or injury that may occur or arise from any activities undertaken on, within, above or over the City of
Yakima's right of way for which the right of way use regulatory permit is issued.
Applicant shall hold harmless,protect,defend,indemnify and hold the City,and its elected and
appointed officials, employees and agents, harmless from and against any and all claims, demands,
losses,damages,liens, liabilities,penalties,fines,lawsuits,and other proceedings, and any costs and
expenses associated with the same(including attomey's fees and disbursements,whether in litigation
or not), which accrue to or are incurred by the City, or its elected or appointed officials, employees or
agents, and which arise directly or indirectly from or out of,relate to,or in any way are connected with
personal injuries, loss of life or property damage occurring because of the Applicant's, its agents,
successors, assigns, contractors, employees, invitees or any third party's use, operation, placement
of items or materials within the right of way, or maintenance of the right of way covered by this
Agreement and the right of way use permit granted by the City, and any litigation, legal challenge or
determination pertaining to the validity of this agreement.
This Agreement was voluntarily entered into by Applicant as part of the application process for
a Right of Way Use Regulatory Permit[PermitJLicense# fZL 43b(?C N j. Applicant has read
and understands the information in this Agreement and hereby agrees to all the terms contained
herein. This Hold Harmless and Indemnification Agreement shall run with the land and is binding on
the parties and their successors in interest and assigns.
DATED this 5 day of tJ.c Lt , 20 a 3
APPLICANT:
Gb „ _
By(Print name):
STATE OF WASHINGTON )
) ss.
County of Yakima
I certify that I know or have satisfactory evidence that Jeitelke"4e //''GG Is the
person who appeared before me, and said person acknowledged that he signed this instrument, on
oath stated that he was authorized to execute this instrument, and acknowledged it to be their free
and voluntary act for the uses and purposes mentioned in this instrument.
DATED this ,f of ai.c."k.e 20 23
e z-r (-Pk- (7'y' i r t//C + GLORIA M HANCOCK
+
Notary Public
Print Name: 6-/ei sj r'at /Li ,/L o�, e_pe/4 State of Washington
Title: .ft+Y-r/u,c y tc.e h/i c.
Commission#175476
My Comm. Expires Nov 25, 2026
My Commission Expires: tia�v+PST Fi�o, .psi Z4 2ro
Page 3 of 4
PROJECT NOTES:
' - A OWNER ADDRESS:
YAKIMA NEIGHBORHOOD HEALTH SERVICE
12 S.8TH STREET
NEW DOUBLE SWING GATE II'WIDE YAKIMA,WA 98401
PANELS b'HT,WITH FIRE DEPT ` b, •
APPROVED KNOX-BOX WI _
' Y TENANT:
ALLEY WAY AREA TO HAVE - ,,.. _� i 1 NEIGHBORHOOD APARTMENTS
CONTROLLED ACCESS , '` ;(4' _ YAKIMA NEIGHBORH0OD HEALTH SERVICE
NOTHING TO BE BUILT ON RIGHT-OF-WAY p - " - e: � 818 N. 1ST STREET
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-- V� t- co YAKIMA,WA 18403
2. .." II' II* •n
ZONING-GC IL�'I:`.!
-� . . . . f .• ,, AIL 1N FENCING:
} h` M /x r��' Y PARKING:
• • • - - // fi� t 12°/b'-0"ALUMINUM FENCE PANEL WITH PRESSED SPEAR
'' " TOPS.
m 1111�1 f {� P t `-f` ' POWDER COATED.
'6y� INDUSTRIAL GRADE.
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IP
her SITE PLAN - AERIAL
W ` '•-, _' UIl_DING#2 s y. SCALE NONE FENCE LOGATIO�'
CC
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z co �' 118.33' w
0 ��_•-'.•_•_- i Ce I-- / 4 ,.,�•,,,-r.. .
•
. . . . . . : 111 ,/,/,:i 3 •.".•.•... •.• .
IJ 1Ij rfr SLIDER GATE 26' li::
1 -�111 i f / -- '•- SLIDING SECURITY
• • j,{ 1lJ!__ L �I I •✓ S ��
• :----. .I� I, I 7 - -- .;, I I_.�._.�.E..�,• -
I I f
14010' 2'-0' II_ 11' 2'-0"
ZONING GC L J
NEW DOUBLE SWING GATE II'
WIDE PANELS 6'HT.WITH FIRE i i 'I ;,;
DEPT.APPROVED KNOX-BOX I BUILDING P1
N 20 DWELLING UNITS
RIGHT-OF-WAY USE PERMIT
SITE PLAN - FENCING LOCATIO --1'$`
ZONING GC
SCALE: 1'= 40•-0"
2
+
Building Renovation for PANG 30
FILE YWIS-FYI Reno MasieC0.9
• Neighborhood Apartments Neit'hborhood DATE 00.05.23
818 Nor Firer Sheri, Yakima,4.A 98901 ,k X E A r X �� �[ S4EEr e
10702 ESTES ROAD YAKIMA,WA 98906 T: 509.981.7404 E. DONQPOSTONARCHITECTS.COM Vai ITL(TT A-01
7
December 05[h, 2023
Dan Riddle
Engineering Department
City of Yakima
129 N 2nd Street
Yakima, WA 98901
Dear Mr. Owner of Autometrics :
The proposed fence installation below will have no adverse impact on the Autometrics business located at 813 N. Front St.
The fencing is intended to help with the security of the Yakima Neighborhood Health Service property at 818 N 1'St. But in
addition, it will more than likely improve security to the surrounding properties by eliminating the foot traffic along the
north/south alley way between First St. & Front St.
Sincerely, c
Autometrics X� '
813 N. Front St.
Yakima, WA 98901
PROJECT NOTES:
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ik - YaKIMA HEISt Kt:or,HE At III"ER IIKE
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11 11111 1 r1 IIII f :IIRI IIr 111, HISN ISf57REEr' _ YAF.IMA NA9ego314 tZONING-GC a i .; Lkt�GrL { • 3
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1 T 4 rcl=.
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M'� ' -� `'! 1 r SITE PLAN-AERIAL :
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1 1 1 1 I l n in - I dt. NG IN
Ni 1! 2OD*ELLNGWITS :
- n==' =t2' RIGHT-OF-WAY USE PERMIT
SITE PLAN-FENCING LOCATIO 118.33
SCALE w.I-. a• ZONING GC
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■ Nci hborhood A1ar[rnen[s /R{,Nrigrbvrlrood "1 m��'�
* I07x ESTESROAD YAKIMf,WA 96em r:509 961 7404 E DONOPOSTONARCHRECTS-CO61 iiy A r Q F ( A-03
8
November 27th, 2023
Dan Riddle
Engineering Department
City of Yakima
129 N 2"d Street
Yakima,WA 98901
Dear Mr. Riddle:
The proposed fence installation below will have no adverse impact on the New York Teriyaki restaurant located at 822 N. 1"St.
The fencing is intended to help with the security of the Yakima Neighborhood Health Services property at 818 N 1"St. But in
addition, it will more than likely improve security to the surrounding properties by eliminating the foot traffic along the
north/south alley way between First St. & Front St.
Sincerely,
New York Teriyaki
822 N 1ST ST
Yakima,WA 98901
PROJECT NOTES:
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•I` - ,.i J$b EtLING UNITS ` Pr it
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I RIGHT-OF-WAY USE PERMIT
SITE PLAN -FENCING LOCATION NI GT GC ---
SCALE I.•�1>.sD' ZONING
Budng Ra1oaDon for a a.- h __,_
■ Nci hburhood Apartments Nee—borlood (1 r{{ y TM�'�4
..v. . �...., , ,..n\ . i O111111TH I)U7l ltll — n
lAlor ESTES ROAD Y.31:144 WA 9000L 7 0A9 961 7404 E DONUPOSTONARCNITECTSCOM nat111I1111 A'U
9
December 14th, 2023
Dan Riddle
Engineering Department
City of Yakima
129 N 2nd Street
Yakima,WA 98901
Dear Mr. Riddle:
The proposed fence installation below will have no adverse impact on the Business Building owned by
Picador LLC, Larry Knudson Member and Shopski LLC, Eric Knudson Member, located at 909 N. Front St.
The fencing is intended to help with the security of the Yakima Neighborhood Health Services property
at 909 N. Front St. But in addition, it will more than likely improve security to the surrounding properties
by eliminating the foot traffic along the north/south alley way between First St.&Front St.
Sincerely, s L
FqP-,i.sr �,��I �'lFa !�(1(-1IC
WC r'
Picador LLC, Larry Knudson Member
Shopski LLC, Eric Knudson Member -�~
909 N. Front St,
Yakima,WA 98901
41