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Home My WebLink About04/07/2009 15 Right-of-Way User Permit for 2100 River Road Fence BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ( s For Meeting ofApril 7, 2009 ITEM TITLE: Application for a Right of Way Use Permit for a fence at 2100 River Road SUBMITTED BY: Bill Cook, Director, CED CONTACT PERSON/TELEPHONE: Joe Caruso, Acting Codes Manager, 575 -6257 SUMMARY EXPLANATION: An application for a right -of -way use permit was received by the codes division and processed for a fence in the right -of -way. The Aspen Village Homeowners Association requests to place a 6 foot high omamental iron fence inside the north right -of -way line on River Road. The codes division has a recommendation from Planning and Engineering to approve the application since the fence will not conflict with any underground utilities. From the back of the curb to the edge of the right -of -way is fifteen feet. If the proposed fence is approved, there will be eight feet between the fence and the sidewalk leaving eight feet for utilities in the right -of -way to the north of the sidewalk. 411 Resolution Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: - City Manager STAFF RECOMMENDATION: Approve the Application RECOMMENDATION: COUNCIL ACTION: III „„„, ,s � ; ,:.,)': : 1` f ,, , y Planning Division c g 129 N. 2nd Street w._ % ' Yakima, WA 98901 APPLICATION COMMENTS Date: March 31, 2009 To: • City Council Members Dick Zais, City Manager Bill Cook, Director of Community & Econ is Development Joe Caruso, Acting Code Manager From: • Kevin Futrell, Assistant Planner Subject: Right -of -Way Use Permit for Aspen Village Homeowner's Assn Project Location: Vicinity of N. 21st Avenue and River Road Tax Parcel #: 181314 -12564 0 Project Applicant: Aspen Village Homeowner's Assn Comments: Aspen Village Homeowner's Association is proposing to place a six -foot high fence seven feet into the public right -of -way. Fences are allowed up to eight -feet in height along the property line when the rear property abuts a designated arterial street. (YMC 15.05.020(G)(3)) River Road at this location is a collector arterial street. Improvements from the Transportation Improvement Plan were completed in 2008 and there are no additional improvements planned for River Road at this time. From the back of the curb to the edge of the right -of -way, there is fifteen feet. After the proposed fence is constructed there will be eight feet between the fence and the sidewalk leaving eight feet for utilities in the right -of -way to the north of the sidewalk. In May of 2008, Lake Aspen Apartment applied for and was granted a right -of -way use permit, which allowed them to place a fence with a foot . of the sidewalk. The reason Lake Aspen Apartments asked for a right -of -way use permit was to help offset the loss of arbor vitae that was screening the apartments from the road, which were removed to complete the River . Road project. The fence Aspen Village Homeowner's Assn is proposing is less intrusive than the Lake Aspen Apartment's fence, extending roughly six -feet less into the public right -of -way. The residential development is located next to industrially zoned property, which is primarily used for agricultural storage and processing. By moving the fence into the right -of -way, Aspen Village Home Owner's Assn is reducing public safety concerns for children who wish to play on the fifteen -foot strip of lawn along the sidewalk. Staff recommends that the requested right -of -way use permit be approved to allow the S homeowner's association to construct and maintain a six -foot high fence at the location shown on their site plan dated March 16, 2009. RECEIVED MAR 1 6 2009 WRITTEN NARRATIVE CITY OF YAAlivir, PLANNING DIV The proposal is to place a fence within the right -of -way of River Road. As proposed, the Aspen Village Homeowner's Association desires to place a 6 -foot high ornamental iron fence 7 feet inside the north right -of -way line of River Road. The fence would be black in color, which matches other Aspen Village fences, and be "topped" with atwo -foot high decorative scroll (see Exhibit A for - reference). This proposal would leave eight feet between the back of the sidewalk and the proposed fence. This eight foot wide area is currently planted in grass and has historically been maintained by the homeowner's association The Homeowner's Association has done extensive work in preparing this application. A utility locate has been completed and it shows that no major utilities lie between the back of the curb and the north right -of -way line of River Road. Thus, the proposed fence location would not interfere with any existing utilities. The only exception is that a piped irrigation canal crosses under the proposed fence near the southeast comer of the Aspen Village property. This piped irrigation canal currently crosses under an existing Aspen Village cyclone fence, so there would be no change in this circumstance. All other utilities are located within the road right -of -way of River Road and are shown on the required site plan (see Exhibit B for reference). According to City Engineering, all storm water facilities associated with this section of roadway are located along the south right -of -way line of River Road. 0 This proposal still leaves an 8 -foot wide area behind the back of the sidewalk, which meets most City of Yakima requirements for an 8 -foot wide utility easement area outside of roadway improvements. Therefore, any adverse impact of placing this proposed fence at this location is miniscule at best. For reference, it should be noted that other fences have been placed within the northern portion of the right -of -way for River Road. Namely, Lake Aspen Apartments, which has placed its fence directly behind the sidewalk (see Exhibit C for reference). So, this would not be the only exception granted along this section of roadway. In closing, the Aspen Village Homeowner's Association would like to state that since the roadway improvement project for River Road has been completed, and any future widening of this roadway is likely decades away, they would like to have the ability to fence in an 8 -foot wide portion of the right -of -way and incorporate it into their community landscaped area. Additionally, it is their desire to maintain the 8 -foot wide portion of lawn between the back of the sidewalk and the new fence. As you are aware, the Lake Aspen area is a beautiful location, and the association desires to help maintain this atmosphere. Approving this request would help ensure that the neighborhood maintains its high standard of quality landscaping and adds enjoyment to the neighborhood, as well as those who have the opportunity to walk, bike or drive by the proposed improvement. III 1 0 k YA ''',, DEPARTMEN'' 'IF COMMUNITY AND ECONOMIC DE" LOPMENT '' , Office of Code Administration & Planning • . ��.g`� 1 0 129 North Second Street, 2nd Floor Yakima, Washington 98901 J (509) 575 -6126 or 575 -6121 • Fax (509) 576 -6576 • codes@ayakima.wa.us '7°1 - p RIGHT OF WAY USE - •R''t)h, „x\'.1'11) ' � `"�� - -�- REGULATORY PERMIT APPLICATION RECEIVED YMC Chapter 8.20 Fee: $50.00 non refundable application fee MAR 16 2009 (annual renewal fee is $25.00) CITY OF YAKIMA Applicant Info (must be owner or occupier of adjacent property): PLANNING DIV. Name: , 4 . / VA1446C- 49.'4 01AWEIL S #1-.5s894.44-770k4 Address: /2/7 Ai 2 b A VE'U City: VA, State: w Zip: `II 8907.... Phone: 8,4_4 ioa44;N zsoq -19/9 Altemate Phone: S4•ier E -mail: Location: - Describe Location: Z/00- OCL O R 00122. 2 & A Purpose of Right of Way use: Fetic Type of Business Operated on Adjacent Property: L El 5wlE — Low0SC4•0- Please Provide: • A scaled Site Plan Plans and specifications for desired structure Evidence of commercial liability insurance, a copy of additional insured endorsement ID shall be included: See insurance requirements below Insurance Prior to the issuance of any permit, the applicant 'shall file with the code administration manager evidence of such policy shall be not less than one hundred thousand dollars for each incident of personal injury or death, three hundred thousand dollars aggregate coverage for any single accident or occurrence, and fifty thousand dollars property damage coverage. The city of Yakima shall be an additional insured party on such policy. Such policy shall insure 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. Such insurance shall be maintained in effect during the term of the permit. 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 ope ' Applicant Signatur . 1 ? --77--- / ` Date: 3 4 4 ” 0 9 For Office Use Only Regulatory License # Amount Paid: $ ❑ Cash ❑ Check Code Administration Manager Approval ❑ Approved ❑ Denied ❑ Approved with Conditions Signature: Date: City Council Approval ❑ Approved 0 Denied '0 Approved with Conditions • Signature: Date: Fire Inspector Approval ❑ Approved ❑ Denied ❑ Approved with Conditions Signature: Date: • Yakima ,'q p : • • MAR ,, , 2009 T oF qw.:4,:wn -- - , P . „. .1 -- " ,,,,■ 1 •,.. . s• - . 4 .,, ..,- . . / ! / ! )(t'h64T- a. , ,, ,.' „,, _ :: "ii • .,,, : _.:- ,.. 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I. k ' �� •s � vq :, .REQUIRED ATTACHMENT: ' p^ a t, r SITE PLAN �m,�a Note: Producing the site plan from this template is preferred, however, the template can be substituted for your own medium.(computer aided is acceptable). � � W ° o �� v. - � � T� � — W � z U o z � ��, . � � �� c� a � � — q I � — �� r � I I - S I � � v Z • �� i M �l , � 1 �' �' � ( is � � > — M - � � �iC �/ I I a 2 Z � 1 U t � ul � � � � i s rl �li � D i� I � � �S 3 , r � I 3 \� � � � � � y C � c tli 1 llll � � OG - 1 I .,P � � x � N. I 1 I _ I ... — `^ v � Q x V y �� /�, r � � y � t! � � — n �� 3 i � � z� �- y x � — N�AIN ENreanlcc` to � �,3 70 t ,Ql�,�f>: oG -WAY — ASPF -N V�uAGE _ ' g" �sN21T1� � , �JA'Rp -L•N� � Z_ — \ `" , � ` — , d � x � ' � j � p i� r �� Z � u � NS � 0. I I i I I I I I I LOT COVERAGE ('ALCT7LATION PAR G CALCULATION (Reference Table 6 -1 of the Urban Area Zoning Ordinance) a) Footprints) of Eusting Stmcture(s)-------- - - - - -- // SQ FT a) � space(s)required b)IIuilding Additior✓New Stmcture(s) Foo[prin[(s)- - - - - -- /� SQ FT b) � space(s) provided c) Paved Areas) (Driveways, walkways, patios, etc.) Total n SQ P"f d) Proposed Paved P.rea(s)------ - - - - -- __ p SQ � _ �T P• � - _IAN Print clearly inJ'nk) e) Total Impervious Surface (a +b+c +d = e)------ - - - - -- / SQ FT Parcel #(s) �� /� � IZ SGy l / ZS(�� -- ot Size /� SQ t-r Site Addiess Z/DO I'3LoCC OF �2t�FJ2, +"' -o+HJ - NrJ/ -4 ------------------- ovcrage (e/f x I� = g)' ----- -- -------- -- - - - - -- ---- ,o Zotung �-3 w - Legal Description (brief) �AGt .4 /}n/D Lor 3 3 PLh'� o� ASPC -�tl ALk:_(Please use the given scale, however, in some NORTH �IL�A(te �5 ',t�'�2/✓�'YJ 1�/ !3q>K CC �A�nE 3Z nULrs OF mstattces a different scale may work better.) !�O�'✓ �AlUtv/fl L'Rir�, 1elASrl-F+/L, ?rn,l check one I • • � IN � • fA ! N Pre erred Scale: 1 inch on the ma 20 eet on the round A licant Name SP�I t/ILU � tS �SSoG�'r7� I P= I K pp A c -+M�IGot.l,��rL ❑CustomScale:linclt= SiteAdclress 7J00 Jj(,oLL pG 12)UG7Z,. /Zbkl�- i�ln/,4. * Template tic marks am I inch apart Mailing Address / ��y� /�o2 Z� Sr. y�A+4r.r,4, b,/il 9gg01 '/ ContactPcrsan r,�/�t- �fo/ZOAn -1 Contact Phone:(y'u/)��/�J -/9/9 Produced by (print) � /GL ryO�DAn� hate: 3 -10 -09 Qndicate North) - _Applicant Sigtmture: Date: - extro� r 3 RECEIVE® • MAR 1 6 2009 �T'� flF YA�9A "� ��1C. EVIDENCE OF COMMERCIAL LIABILITY In previous applications, the requirement of evidence of commercial liability insurance was waived at the time of this application submittal. However, evidence of commercial liability insurance was required prior to the issuance of the approved permit. I would request the same consideration with this application. Thank you for your consideration. If you have any questions, please call Bill Hordan at (509) 249 -1919. i Memorandum • To: Kevin Futrell From` Bruce Floyd Subject: Aspen Village fence relocation Date: March 26, 2009 No future plans to widen River Road, all City owned utilities along River Road are located within 5 feet of the back of sidewalk. Domestic water and sanitary sewer are under ground within a utility easement in the complex, this also includes PP &L, Qwest, Charter, Cascade Natural Gas, etc. Old union irrigation is piped and crosses thru the complex with and Irrigation box along River Road for maintenance. The proposed 6 foot high fence is at 8 feet behind the back of sidewalk and will not conflict with these utilities. � d r . REQUIIZED ATTACIIMENZ': �� >� SI'Z'E I'I,AI� ,,� �� "B `' "� Note: Producin We site Ivt from [his�tem late is re[ erred, however, the tem llte can be substituted for our own medium. com uter aided is acce table ��:�` g P� P P P� Y ( P P ) • I I I I I I I I I Oi y I' m } c�7 � W r , � W o z � t �' _ fL s ��, � r U i _ � � I j � - _ 7J °t_ � ` . �� ._ � � l _ a �, z � ' � � �� I M � y ��, � � � I i I � �� i V� i I � �. � _ � `I V i t a�� # � �' �' j i � i 3 t N J� � N � � � � � I j �i — I L Ct �Q -+( t �I 1� U � � � � i � S . � � 1y M o � a � 3 { u ( � J �l � v I � N N y C � 2 Q `� t 1 �l,� � � t � Oc ,� `�.� I I. _ � Z � �� y 2 �y �i I �� ti � 4 � Z q x � /� � )i, � � y �� 111�� x �� 3 �� I� � � LL ► �� t � �� 's — ,�_ y x [��c� MAIN EN i eAn1C� To � 90 [ ,Ql�rr >- oG -Wa'/ g•� �.. � � J d Z f �� e� t � h N 2 a L(�T COVF.RACiB CALCUI,ATI(�N PARKING CALCIJL,A1'ION (Reference'Pable 6 -1 of the Urbatt Area Zotring Ordinance) a) Footprints) of Existing Structure(s)------------ - - - - -- /� SQ FT a) � space(s)required b)Building Addition/New Strucmre(s) Footprint(s)- - - - - -- /� SQ FT b) � space(s) provided c) Paved Areas) (Driveways, walkways, patios, etc.) Total /� SQ FT d) Proposed Paved Areas) ____ // gQ � I-nT WFORM "I N Print clearly in'nk) Parcel N(s) / / �[{ - /2 SG`� � � 2 SG3 e) Total Irnpervtous Surface (a +b +e+d = e)-------- - - - - -- �� SQ FT ' �� S E•-r Site Address Z/oO l3LoCC nF �t�a2- �� - Nnl4 f) Lot Size------------ --- --- -- ---- -- ------ --- - -- - Q Zonin Coverage (e!f z 100 = g) � �� Legal Description (brio) �Pi AGt A fM/D LDr J'3,�Lsti'r o� RSPC -ti CALL (Please use tkte given scale, however, in some VIL(�Ilte f�5 �'(�,Q/.1:"� /n/ ljA�K GC. t P�/nE 3Z n41'rs �F mstances a different scale may work 6etterJ !�O�'i' �/p L'ai� ��JASr�n�G ?rnl check one BACKGROUND INPOIZMATION �Yreferred Scale: 1 inch on [he map = 20 feet on the ground Applicant Name ��E7J .alt -LAC -1�HGO 1..(F��S f� 55vGiA-'ni� _ ❑Cus[omScale: I incl[= Si[eAtidress TJOO j3lgLC. DG l21UE7C_ ?ZvA{�- [v/n/.4 * Template tic marks are I inch apart Mailing Address �/D /t/o2-r>•F Z %° ST. y�iwrA, WIF 9$40/ "� Contact Person �� °�- ��4k^ - Con[nct Phone: (jpy),�� -/9 /9 Produced by (print) � /LL /rOi2DAn� Date: 3 -10 -09 (Indicate Nonh) Applicant Signature: Dale: extrtor r 3 ��;` y`�� ^�,,�� DEPARTMEN'^ ' COMMUNITYAND ECONOMIC DF 7PMENT Y ��,:, �� Office of Code Administration &Planning ��\ ' � p � l29 North Second Street, 2nd Floor Yakima, Washington 98901 (�/'� � , � (509) 575 -6126 or�575 -6121 •Fax (509) 576 -6576 •codes @ci.yakima.wa.us � 0 v � RIGHT OF dUAY USE � � \)' � !f)k, \I lit) .�- ••�� - --�° � REGULATORY PERMIT APPLICATION ��® YMC Chapter -8.20 Fee: $50.00 non refundable application fee BAR � 6 2009 (annual renewal fee is $25.00) CITY OF YAKIM� Applicant Info (must be owner or occupier of adjacent property): ��i��ING DIV. Name: �}S, j��nl U /CL�eI(�,� �orr�OklNE12 S A -770/ Address: /2/7 N. 2 b A p��kC� City: 1l �twa � State: I�h Zip: 9 890 L Phone: a�« f�c��_ Z�19 -19t9 Alternate Phone: Sq�•��= E -mail: Location: Describe Location: Z /DO $LAGS O� �I �G12. �o� Purpose of Right of Way use: FE�fc� Type of Business Operated on Adjacent Property: t.Elswr�E - L�wOSC�Pi�� Please Provide: A scaled Site Plan Plans and specifications for desired structure Evidence of commercial liability insurance, a copy of additional insured endorsement shalt: be included. See insurance requirements below Insurance Prior to the issuance of ..any permit, the applicant shall file with the code administration manager evidence of such policy shall be not less than one hundred thousand dollars for each incident of personal injury or death, three hundred thousand dollars aggregate coverage for any single accident or occurrence, and fifty thousand dollars property damage coverage. The city of Yakima shall be an additignal insured party on such policy. Such policy .shall insure 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. Such insurance shall be maintained in effect during the term of the permit. . 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 ope Applicant Signatur . � - ?`� Date: 3 —� (° -' � ° J For Offla:e Use Only Regulatory License # Amount Paid: $ O Cash O Check + Code Administration Approval O Approved . ❑Denied ❑Approved with Conditions Signature: Date: City Council Approval ❑ Approved ❑Denied �❑ Approved with Conditions Signature: Date: Fire Inspector Approval ❑ Approved ®Denied ❑Approved writh Conditions Signature: Date: Yam �� 1I��1 ��iv�� MAR 1 6 2�)Ci9 WRITTEI�T NAIaIZATIVE CITY OF Y��►�►P, PL�+NNlNG �1V The proposal is to place a fence within the right -of -way of River Road. As proposed, the Aspen Village Homeowner's Association desires to place a 6 -foot high ornamental iron fence 7 feet inside the north right -of -way line of River Road. The fence would be black in color, which matches other Aspen Village fences, and be "topped" with atwo -foot high decorative scroll (see Exhibit A for reference). This proposal would leave eight feet between the back of the sidewalk and the proposed fence. This eight foot wide area is currently planted in grass and has historically been maintained by the homeowner's association The Homeowner's Association has done extensive work in preparing this application. A utility locate has been' completed and it shows that no major utilities.lie between the back of the curb and the north right -of -way line of River Road. Thus, the proposed fence location would not interfere with any existing utilities. The only exception is that a piped irrigation canal crosses under the proposed fence near the southeast corner of the Aspen Village property: This piped irrigation canal currently crosses under an existing Aspen Village cyclone fence, so there would be no change in this circumstance. All other utilities are located within the road right -of -way .of River Road and are shown on the required site plan (see Exhibit B for reference). According to City Engineering, all storm water facilities associated with this section of roadway are located along the south right -of -way line of River Road. This proposal still leaves an 8 -foot wide area behind the back of the sidewalk, which meets most City of Yakima requirements for an 8 foot wide utility easement area outside of roadway improvements. Therefore, any adverse impact of placing this proposed fence at this location is miniscule at best. . For reference, it should be noted that other fences have been placed within the northern portion of the right -of -way for River Road. Namely, Lake Aspen Apartments, which has placed its fence directly behind the sidewalk (see Exhibit C for reference). So; this would not be the orily exception granted along this section of roadway. In closing, the Aspen Village Homeowner's Association would like to state that since the roadway improvement project for River Road has been completed, and any future widening of this roadway is likely decades away, they would like to have the ability to fence in an 8 -foot wide portion of the right -of -way and incorporate it into their community landscaped area. Additionally, it is their desire to maintain the 8 -foot wide portion of lawn between the back of the sidewalk and the new fence. As you are aware, the Lake Aspen area is a beautiful location, and the association desires to help maintain this atmosphere. Approving this request would help ensure that the neighborhood maintains its high standard of quality landscaping and adds enjoyment to the neighborhood, as well as those who have the opportunity to walk, bike or drive by the proposed improvement. �ECE9VE® MAR. 1 6 2009 C�Ti Y �� Ylt�� { ��W. EVIDENCE ®F C ®MMERCIAL LIABILITY In previous applications, the requirement of evidence of commercial liability insurance was waived at the time of this application submittal: However, evidence of commercial liability insurance was required prior to the issuance of the approved permit. I would request the same consideration with this application. Thank you for your consideration. If you have any questions, please call Bill Hordan at (509} 249 -1919. t