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Home My WebLink About07/01/2014 05D Right-of-Way Use Permit; Roche Fruit; 301 N. 3rd Ave.BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: July 01, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing Right -of -Way Use Permit (RL - 30287) for Roche Fruit to continue the use of the public right- of-way for an existing engine room which supports an existing adjacent C.A. building located at 301 North 3rd Avenue SUBMITTED BY: Joan Davenport, Interim Community Development Director (509) 576-6417 Joe Caruso, Code Administration Manager (509) 575-6257 SUMMARY EXPLANATION: Resolution authorizing Right -of -Way Use Permit (RL -30287) for Roche Fruit to continue the use of the public right-of-way for an existing engine room which supports an existing adjacent C.A. building located at 301 North 3rd Avenue. The property is located in the Light Industrial (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. That allows the City opportunity to review any public health/safety/welfare issues that may need to be addressed in subsequent years. Resolution: X Ordinance: Other (Specify): Right -of -Way Use Permit Contract: Contract Term: Start Date: End Date: Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? Yes Improve the Built Environment Mail to: Phone: APPROVED FOR RECOMMENDATION: City Manager This proposal was reviewed by the City's Development Services Team (DST) on June 4, 2014, which found no impacts or issues that would prevent issuance of the permit. Staff therefore recommends approval of the Right -of -Way Use Permit, subject to submittal of required liability insurance prior to building permit issuance. ATTACHMENTS: Description Upload Date Proposed Resolution Roche Fruit RL'30287 8/20/2014 Staff Report Roche Fruit RL -30287 0202014 Application and Specifications Roche Fruit RL- 30287 Ty Reso|ution 6/20/2014 Backup IMaterliall A RESOLUTION RESOLUTION NO. R -2014 - authorizing issuance of right-of-way use permit to continue the use of the engine room built in the right-of-way at a location commonly known as 301 N. 3rd Ave. for an adjacent C.A. Storage building. 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 within the City's commercial districts; and WHEREAS, Roche Fruit Properties, LLC, owner of the property commonly known as 301 N. 3rd Ave., Yakima, WA, has submitted an application for a Right -of -Way Use Permit to continue the use of an engine room built in the right-of-way at a location commonly known as 301 N. 3rd Ave. for an adjacent C.A. Storage building in the Light Industrial zoning district (M-1). The engine room was originally built for the purpose of sheltering mechanical equipment for the adjacent C.A. storage building, which application has been deemed complete; and WHEREAS, city staff has recommended approval of such permit; 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 Roche Fruit Properties, LLC by application dated May 28, 2014 and designated as city Regulatory License No. RL - 30287, for an engine room built within the right-of-way at 301 N. 3rd Ave; now, therefore, ADOPTED BY THE CITY COUNCIL this 1st day of July, 2014. ATTEST: Micah Cawley, Mayor City Clerk City of Yakima, Washington Department of Community Development Planning Division DATE: June 18, 2014 FILE NUMBER: RL -30287 APPLICANT: Roche Fruit Properties, LLC REQUEST: Right -Of -Way Use Permit to continue the use of the engine room built in the right-of-way at 301 N. 3rd Ave. for an adjacent C.A. Storage building. LOCATION: STAFF CONTACT: 301 N. 3rd Ave., Yakima, WA Jeff Peters, Supervising Planner REQUEST Roche Fruit Properties, LLC is requesting a Right -of -Way Use Permit to continue the use of an existing engine room located with the right-of-way for N. 3rd Ave which supports an existing adjacent C.A. building. The property is located within the Light Industrial zoning district, (M-1). FINDINGS DEVELOPMENT SERVICES TEAM (DST) REVIEW: A DST meeting was held on June 4, 2014, for technical review of this request. No formal comments were received objecting to the request. CONCLUSIONS 1. The engine room is not consistent with the provisions of the Yakima Urban Area Zoning Ordinance in regard to its location being built over the proposed property line. However, the submitted right-of-way use permit provides the necessary exception to allow the engine room to be located over the property line within the public right-of-way. RECOMMENDATION According to the findings listed above, the City of Yakima Planning Division has no objection to the granting of a right-of-way use permit. 1 o $ Fee: !)Ep t R TADS 'eip.° ill;) I� (. aN.,FA' IIAlA i'",RI W' e"1 ND +X., COB l Oe' IVl ( DL Vt' ELI ice of C'od'e ,oleo�rnittIVI ,I oonoIItnoir 1. ''P North et:void SAnw ee6 11'1n door Eakin; „shu7Avron 98901 6509) 575-61 26 r -6121 1' "OIx 09) .5'26-6576 co esthoc oyaim`' m� mm iA �,bArildin P trma�, �mt��r� us � a � ,�� gya i'tnal, coon RIGHT OF WAY USE REGULATORY LICENSE APPLICATION YMC Chapter 8.20 $50.00 non refundable application fee (annual renewal fee is $25.00) Applicant Info (must be owner or occupier of adjacent property): Name: f F eraf.e,, •t-i,es Address: P. a. 6o X Z RL- tid-1?-7 CITY OF YAKIMA. ODE ADMIN. DIVISION MAY 1 6 2014 ❑REC'VD FAXE ❑PAID 11 City: Yt�k „�,, State: j4 - Phone: —7 Lc) 4.) Alternate Phone: E-mail: Witt +v,.i s Zip: c 9b-7 Location: Describe Location: 3 0 1 rU . 3rd 7 .G r5 Purpose of Right of Way use: g ace 4".5 i4A-4.4.4 ,L, Rita i8 324- r/ -p4-40 Type of Business Operated on Adjacent Prtyeriy: it:1;e Lie/ 4+1,64-0 p t,,{,/� S'dora.5 Please Provide: ❑ A scaled Site Plan ❑ Plans and specifications for desired structure U Evidence of commercial liability insurance, a copy of additional insured endorsement shall be included. See insurance requirements below Insurance Prior to the issuance of any permit pursuant to this chapter, the applicant shall file with the community and economic development director or his/her designee evidence of comprehensive public liability insurance, with limits of not less than five hundred thousand dollars combined single limit for bodily injury and property damage for residential uses and one million dollars combined single limit for bodily injury and property damage for business uses, with the city of Yakima named as an insured party, insuring against liability from injury or damage resulting from applicant's occupancy of or activities on public right-of-way under the permit to be issued, which insurance shall be maintained in effect during the term of the permit. (Ord. 2009-15 § 7, 2009: Ord. 1672, § 1 (part), 1974). The issuance of this license does not entitle you to conduct business in violation of any federal, state or local laws applicable to the business operation. Applicant Signature: Date: 5=/2—Zo/q For Office Use Only Regulatory License #: Amount Paid: $ 6 6 Dire or or Community Development ❑ Approved ❑ Denied ❑ Approved with Conditions Signature: City Council ❑ Approved ® Denied ❑ Approved with Conditions [tate : ❑ Cash Check Signature: Date: Location Map by Map Channel Page 1 of 2 http://data.mapchannels.com/locationmap/100/map.htm?mx= -120.514642&my=46.605009... 5/28/2014 f -71")brr3 is ? r%t.v -pr/cls _La7 -1,ysZ+ao S `I -\ 1 S "3-L rr Y d. 3/Ndc_ 2)0 3coY-?SQ NO . C . • • 1 t4 0 -7; r Ei) NO rq r.J • r+x D9asczo C 146it4 vvm h514 C..vt, 164T ot. Wit; B Fe1tEP EXhSliuti Gula t CO 3/4.w CAVIL PLoi PL6u scoNt.t _.�