HomeMy WebLinkAboutH8 Old Highland Vacation 9-25-06
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Debbie Arkell, Director of Public Services
Chris Kukulski, City Manager
SUBJECT: Street Vacation Request – Portion of Old Highland boulevard
MEETING DATE: September 25, 2006
BACKGROUND: An application was received from PC Development on behalf of Bozeman
Deaconess Health Services to vacate a portion of the right-of-way of Old Highland Boulevard.
The vacation is being proposed to facilitate the platting of the proposed subdivision plat for The
Knolls at Hillcrest. The portion of right-of-way proposed for abandonment is 90 feet wide and
runs approximately from the access road into Hillcrest/Aspen Point south to where it joins with
the right-of-way for Highland Boulevard. The right-of-way is currently not used for vehicular
travel. The roadway in this portion of Old Highland Boulevard was obliterated following the
construction of the current alignment of Highland Boulevard in 1986.The Commission approved
Resolution of Intent No. 3936 to vacate this right-of-way, on August 7, 2006, and set the public
hearing for September 5, 2006. Due to an advertising glitch, the hearing was opened and
continued and re-advertised for September 25, 2006.
As required in the commission resolution setting the policy for street vacations, the
following has been evaluated:
Impacts on private and public utilities: Private utility lines currently occupy the right-of-
way, consisting of electric, telephone, and cable TV lines. The applicant submitted letters from
these utility providers indicating no objection to the proposed vacation, provided that easements
are maintained for their existing plant and equipment, which is a standard requirement of all
street vacations. An existing public water main exists within the right-of-way. The Water
Superintendent is not opposed to the vacation, providing that an easement is reserved for the
water main. It is recommended that adequate utility easement are established for all these utility
lines with the platting of The Knolls at Hillcrest subdivision plat.
Old Highland Boulevard Street Vacation
September 25, 2006
Page 2
Impact on Traffic and accessibility, both existing and future: Vacation of this right-of-
way would not have any impact on traffic or accessibility as the right-of-way is currently not
used for roadway. A condition of plat approval for The Knolls at Hillcrest is that any additional
right-of-way for Highland Boulevard necessary to construct the required arterial street section
shall be dedicated on the plat.
Impact on fire, police and other emergency services: The application was referred to
staff, and no objections to the proposed vacation were received.
Impact to Adjoining Property Owners: The applicant is the only adjoiner to this portion
of Old Highland Boulevard being considered for vacation.
Alternatives to discontinuance, abandonment or vacation, ie.: use permits, encroachment
permits, licenses, contracts and deeds: The right-of-way is currently not used for vehicular
travel. The roadway in this portion of Old Highland Boulevard was obliterated following the
construction of the current alignment of Highland Boulevard in 1986. Due to this, no
alternatives are deeded necessary.
RECOMMENDATION: Conduct public hearing and accept public comment. Per Commission
Resolution adopted in September 2003 the Commission must make findings concerning:
1. Objection or lack of objection;
2. Percentage of owners making request
a. all owners; or
b. Over 50% of owners; or
c. If a street or alley to be closed for school purposes, with 75% of owners
3. Whether the action can be done without detriment to the public interest
4. Whether there are any public utility easements – decision shall not affect right to
continue to maintain plant and equipment in affected street or alley (7-14-4115 MCA)
5. Commission may take any of the following actions:
a. Deny the petition
b. Approve the petition
c. Approve the petition with conditions
d. Approve an alternative to the action
e. Allow the petition to be withdrawn
f. Allow any other action that is in the best interests of the public
Old Highland Boulevard Street Vacation
September 25, 2006
Page 3
If the vacation request is approved the City Engineering Office will prepare a Plat depicting the
approved change. The Plat will be placed on the next available Commission Consent Agenda
along with a Resolution of Vacation. Once approved, the Plat and Resolution of Vacation will
be filed with the County Clerk and Recorder.
As noted above, 100% of the owners have requested the vacation, the vacation can be done
without detriment to the public interest, and an easement will be reserved for the existing
utilities.
Staff recommends the Commission approve the petition with the condition that adequate
utility easements are established for all utility lines with the platting of The Knolls at
Hillcrest subdivision plat, and direct Staff to bring back the Resolution to Vacate for action
on the next available Commission Consent Agenda.
FISCAL EFFECTS: Upon vacation, the right-of-way will revert to private ownership, and the
property will be assessed taxes and other assessments, which will be a slight increase in the
existing taxes and assessments.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Debra H. Arkell, Director of Public Services Chris A. Kukulski, City Manager
Attachments: Application for Street/Alley Vacation
Letter from PC Development
Report compiled on September 21, 2006
Cc: Richard Hixson, City Engineer
Andy Kerr, Engineering Assistant
File: 631