The URL can be used to link to this page

Home My WebLink About02/19/2019 06V Right-of-Way Use Permit for Fence between S 5th and 6th Avenues Alleyway to\'4\lyy tbxk ik 1 PPP +� PPP d g. P A P p P 1 PPi ittYlltYlt.\ta. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 6.V. For Meeting of: February 19, 2019 ITEM TITLE: Resolution authorizing a Right-of-Way Use Permit to construct and maintain a fence to close off a portion of the alleyway between S 5th Ave & S 6th Ave SUBMITTED BY: Joan Davenport,AI CP, Community Development Director Joe Caruso, Code Administration Manager (509) 575-6257 Colleda Monick,Assistant Planner(509) 576-6772 SUMMARY EXPLANATION: Scott Peterson, on behalf of The Salvation Army Thrift Store, is requesting a Right-of-Way Use Permit(RL190003)to allow the organization to install and maintain fencing in the public right-of- way for the purpose of closing a portion of alleyway between the thrift store and URM Cash & Carry. The property is located in the Commercial Business District(CBD)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 February 5, 2019. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution 2 BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type Rkkkolukonial 190003 217/2019 Rev)IBM) D SlafiRepol_RL190903 2772019 Backup Material D Siicalan_RL1911003 217/2019 BackupMaterial 3 RESOLUTION NO. R-2019- A RESOLUTION authorizing issuance of a right-of-way use permit at 9 S 6'h Ave. 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 for a commercial business; and WHEREAS, Scott Peterson, on behalf of The Salvation Army Thrift Store, is requesting a right-of-way use permit to allow him to construct and maintain fencing in the public right-of-way for the purposes of closing a portion of alleyway between the thrift store and URM Cash & Carry, (parcels 181324-21411 & 181324-42499); and WHEREAS, the property is located in the Central Business District (CBD) zoning district; and WHEREAS, the application was deemed complete on January 31, 2019; 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, reflective signage shall be placed on gates/fencing spanning the closed section of alley; and WHEREAS, arrangement shall be made to provide the city with 24/7 access to the closed portion of the alley; and WHEREAS, no fence or gate can be placed over existing manhole, and there must be a minimum of 5' clearance from the manhole edge; 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 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, 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 The Salvation Army Thrift Store by application dated January 11, 2019, and designated as city Regulatory License No. RL190003, for placing fencing in the right-of-way at 9 S 6'h Ave., with the following conditions: 1. 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. 4 2. Reflective signage shall be placed on gates/fencing spanning the closed section of alley. 3. The Salvation Army shall make arrangements to provide the city with 24/7 access to the closed portion of the alley prior to the permit being issued. 4. No fence or gate can be placed over the existing manhole, and there must be a minimum of 5' clearance from the manhole edge. The term of RL 190003 shall be one year from the date of this Resolution, unless terminated otherwise pursuant to the permit. ADOPTED BY THE CITY COUNCIL this 19th day of February, 2019. Kathy Coffey, Mayor ATTEST: Sonya Clear Tee, City Clerk DEPARTMENT OF COMMUNITY DEVELOPMENT s Joan Davenport, AICP, Director CITY OF Y,AKIM 4 Planning Division Joseph Calhoun, Manager 129 North Second Street, 2nd Floor,Yakima,WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning DATE: February 7, 2019 FILE NUMBER: RL-190003 APPLICANT: Scott Peterson, on behalf of The Salvation Army Thrift Store (TSA) REQUEST: Right-Of-Way Use Permit to close a portion of the alleyway LOCATION: 9 S 6th Ave., Yakima, WA STAFF CONTACT: Colleda Monick, Assistant Planner REQUEST Scott Peterson, on behalf of The Salvation Army Thrift Store is requesting a right-of-way use permit to allow fencing in the right-of-way at 9 S 6th Avenue between The Salvation Army and URM Cash & Carry. The property is located within the Central Business District, (CBD) zoning district. FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on February 5, 2019, for technical review of this request. Several comments were received and have been applied to condition the request: 1. Reflective signage shall be placed on gates/fencing spanning the closed section of the alley; 2. Arrangement shall be made to provide the city with 24/7 access to the closed portion of the alley for emergencies and maintenance; 3. No fence or gate can be placed over existing manhole; there must be a minimum of 5' clearance from the manhole edge. 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 9 S 6th Ave, subject to the following conditions: 1. That the permit may be rescinded with 30 days' written notice; 2. Reflective signage shall be placed on gates/fencing spanning the closed section of alley; 3. Arrangement shall be made to provide the city with 24/7 access to the closed portion of the alley for emergencies and maintenance; and 4. No fence or gate can be placed over existing manhole; there must be a minimum of 5' clearance from the manhole edge. Yaklma INP 2015 1994 -`411Ae4r- 6 6 W 4.,Alv" W �n - w yy c•A ,..yrfH:c n M /. . , " -""" •• •• a •, c w": w ry y w� v��t i�: �,y�y �•�a- �t•• xrt;, �:;��e v • vvr • " • t ,g •• n y„ • +x. le.%• • �� 's•,i%}a, %;;,r,�, ,: •»,• ti , YV, •"• ++{�••••••: hr..'i:r• t •' •opAr � tt „„ • e _. . yy "m# „ .t 'a{„R , {".4:4•4'*#h%X w•'3 t ,a$,tw, :y 1.4 „ • vrtt4 hJ+' ••• + •••• •ryr,•" •Ftr'}{•'••�A%•• , ;%„ x %• W.•„w%W•;%;,a„ rye * '# ' •.: t i,i, R%x.,,,• r #`. ^' '• ' 'Y :OW 03, „ P. N+• „ t • yh r, uW'Y'k•k�,�.},'Y,,,, ' 6: V •it', }y „n rW'6 v"q„x ¢ ""t x vA Mu, „ + •%t. tX Vita titt u u M1M1t '„ # „ +YY 4 � Ati , ,y :x t�% t'}, t 7�R'NSa'�¢ W N OA .. ry §5. v h s b• W VWvx vy v b w•V* „t v+ Y� xY -azf • „ W i a m xeryn.t v+ v ' vv We n x *. ;v „.• • a r%§ xx a•}t't}w•O { R, ,+v v"' v ri#w% , \ '..# '}r"•r e .Cietr e%pp4„„t •• Wk •• ,". ',• , t { %•.pp• • .,. •tit 'a w a„,,m.•,.„,,.a a%,,, n .tr r 4$ k •#;� •t**: k';- •:*,,}„V.r„..}%f'}xii.,+ah}„A{ x # m%t, ## %..•..%•: %^v„h,,;u,0; + Y • • • , Ana a,;Y„, •r • V t „ .x i.xx r•t••i • .:? .. •y WY mod{ d , "n,"3,•ti„'�y,.d'rrryy::33 mmx.;v ';'ti W { M},{.%',,,, +,,,.,,, ,ra %'}.b'�,,.%..„� •}% �b •�x..,,,,M,Y,��{,.•d t ,;W,%,Y,,W'��'.k X 4yK.y'X%.•;R ?• -.v „ '. Y,,, {'} •�R",. "}, •'Lt'..^+', y+ w, Y•, h ,, Xy'y'S1',.,.,"k'.',k,{,t,%}} uk„%,,%,,t i hen4 " , y ,;,,9 ' „ x„ ...., . ,, i •• ;, t. �a ,y " .., ';...• H%, f •y% ! a.a,�f,,•,}e,,,h,,,, W. t • iti ..$� W>.,. , ' V +„ti*.%I ".. • ,,,,t%.% D, ,ib 'x.. ' x +t' i ., • },..•• „ .,..%.ra ,,,W, '�••t ax f + W •% y ,. ,,,x'Y•eJray 'y...•tt %+R r•••i,.,r,%„t, r•• , ,', . y yr,e'Yir, , Y,F,,;•„,+x.., 7i:}{ }y, �„ - • xta ••••h,,,•••.• ••R � e.'b ,,•n era% •i ,%,#• t,y ,• . h,;S'•' . „, t•t,., „, 4. + ## ,,,r„iw} i y��;g „ ,r iy„r•> ,.4,,,tr• N ,•x+tt:.V:Y:• w x ',,.,,rW.4s m x ra,x7F ,t�,: , ,.tu, #','„' ,y%#;,V W� ,�;tr y,y** {: ,,$,X,v„,+W XM %;,.}..,%,,,� ,.Y{ �'% ' o-,r• +•G.'' $ .' ;, Yt}§,%. 'N%a, tw , k,W+w'KN ,%,t ' , uri• •.,W ,,t s rvx v' 1 a, ; if }„+%•ti,'I „,i,, (a,,$X W' ,v uxt 11F y+;y'i „ .. •, %„ ",,;t ,,, N, 'i,.,' ;;•," + F „; \;�,rv „',V 5•'r, a „k - c. , ,tu •,%��;W "�;'>',,•%, ,ti.•, , ' u ,�+t +�•u,"•;.�.;t,�' �' 'b „err. �, x %„,t, ,•�,�,,,y v,y% x „ i,„ Y} ,y'J ' r.. % ,r ** ',`1',*..,,m,v fit,,...%%,..., %', „ ,. „ •'.,,• 5. , k „••rid:: a w 0