HomeMy WebLinkAboutR-2022-034 Resolution authorizing a permit for continued use of right-of-way for lights projecting over the street frontage at 506 Fruitvale BlvdA RESOLUTION
RESOLUTION NO. R-2022-034
authorizing the issuance of a right-of-way use permit to continue the use of the
installation of six (6) street lights along the turn -about frontage at Fruitvale Blvd
and N 5th 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; and
WHEREAS, Mason McCurley of McCurley's Fruitvale Property, LLC at 506 Fruitvale Blvd. is
requesting a right-of-way use permit to allow the continued use of right-of-way at the car dealership's
Fruitvale and N 5th Ave frontage for the installation of parking lot lights; and,
WHEREAS, the City Council had previously approved, and the lights had been installed under
right-of-way use permit number ROW#006-04; and
WHEREAS, the lights will continue to be used as they are currently installed, with no
modifications being proposed; 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 Mason McCurley of McCurley's Fruitvale Property by application dated October 20,
2021, and designated as city Regulatory License No. RL210084 for the continued use of previously
installed parking lot lights along the frontage of Fruitvale and N 5th Ave 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 1st day of March, 2022.
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Janice Deccio, Mayor
ATTEST:
Sot a_flaar Tee, City Clerk
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ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.E.
For Meeting of: March 1, 2022
Resolution authorizing a permit for continued use of right-of-way for
lights projecting over the street frontage at 506 Fruitvale Blvd
Glenn Denman, CBO, Code Administration Manager
Joan Davenport, Al CP, Community Development Director
SUMMARY EXPLANATION:
Mason McCurley of McCurley Fruitvale Property, LLC is requesting approval of a permit
(RL210084) to continue the use of a previously approved right of way installation of six (6) street
lights along the turn -about frontage at Fruitvale Blvd and N 5th Ave. The property is located in the
General Commercial (GC) zoning district. According to YMC 8.20.100, Right of Way Use
Permits are non-transferrable; therefore, this is a new application for the continued use of the right
of way at the existing car dealership location. The use of the right of way was previously approved
under permit number ROW#006-04.
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.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Neighborhood and Community Building
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution.
ATTACHMENTS:
Description
0 Kesolution
Upload Date
2/ 17/2022
Type
Corer Memo
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D Site Plan 2/17/2022 Cotter Memo