HomeMy WebLinkAbout06/20/2017 06G Right-of-Way Use Permit for Fence at 2101 Oak AvenueBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.G.
For Meeting of: June 20, 2017
ITEM TITLE: Resolution authorizing a Right -of -Way Use Permit for a fence in the
right-of-way at 2101 Oak Avenue
SUBMITTED BY: Joseph Calhoun, Planning Manager (509) 575-6042
Joe Caruso, Code Administration Manager
Joan Davenport, AICP, Community Development Director
SUMMARY EXPLANATION:
Dr. Lloyd Butler, on behalf of AHLOT LLC, is requesting a Right -of -Way Use Permit
(RL170031) to allow fencing in the public right-of-way for the purposes of added parking at the
existing warehouse and yard at 2101 Oak Ave. The property is located in the Light I ndustrial (M-
1) 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 June 6, 2017. No formal
comments were received objecting to the request. Engineering provided a comment that when
the city needs to utilize the right-of-way in the future that the right-of-way use permit be rescinded
with 30 -days notice.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR ,.,.
SUBMITTAL:~° -City Manager
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STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Resolution 619/2017 Resolution
D Staff Report 6/9/2017 Backup Material
D SitePlan —Butler RL1 70031 6/12/2017 Go Merno
RESOLUTION NO. R -2017-
A RESOLUTION authorizing issuance of a right-of-way use permit at 2101 Oak
Ave.
WHEREAS, pursuant to Chapter 8.20 YMC, the City Council is authorized to
approve issuance of permits for construction of certain improvements within rights-of-
way for a commercial business; and
WHEREAS, Dr. Lloyd Butler, on behalf of AHLOT, LLC, is requesting a Right -of -
Way Use Permit to allow fencing in the public right-of-way for the purposes of added
parking at the existing warehouse and yard at 2101 Oak Ave. The property is located in
the Light Industrial (M-1) zoning district; and
WHEREAS, the application was deemed complete on May 30, 2017; 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 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 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 AHLOT, LLC by application
dated May 30, 2017, and designated as city Regulatory License No. RL170031, for
fencing in the right-of-way adjacent to 2101 Oak Ave., and including a provision allowing
the City to terminate the permit upon 30 days written notice in addition to the termination
provisions found in YMC Ch. 8.20.
ADOPTED BY THE CITY COUNCIL this 20th day of June, 2017.
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
N A %% DEPARTMENT OF COMMUNITY DEVELOPMENT
Joan Davenport, AICP, Director
141111M lkvw CITY OF f KIM Planning Division
Joseph Calhoun, Manager
129 North Second Street, 2 d Floor, Yakima, WA 98901
ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning
DATE: June 20, 2017
FILE NUMBER: RL -170031
APPLICANT: Dr. Lloyd Butler, on behalf of AHLOT LLC
REQUEST: Right -Of -Way Use Permit to allow fencing in the right-of-way for
added parking.
LOCATION: 2101 Oak Ave. Yakima, WA
STAFF CONTACT: Joseph Calhoun, Planning Manager
REQUEST
Dr. Lloyd Butler, on behalf of AHLOT LLC is requesting a Right -Of -Way Use Permit to allow
fencing in the right-of-way at 2101 Oak Ave. The property is located within the Light Industrial,
(M-1) zoning district.
FINDINGS
DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on June 6,
2017, for technical review of this request. No formal comments were received objecting to the
request. The City of Yakima Engineering Department provided the following comment:
"I have no problem with the owner receiving temporary use of public r/way by moving their fence
closer to the back of the curb. There must be a caveat that when the City needs to utilize the
r/way in question that the use of the r/way can be rescinded with 30 days written notice. The
adjacent property owner must remove fencing and any other temporary amenities with the r/way
within 30 days of said notice to the satisfaction of the City Engineer and Streets and Traffic
Manager."
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. 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 2101 Oak Avenue, subject to a condition that the
permit may be rescinded with 30 days' written notice.
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