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HomeMy WebLinkAboutA6. Vandewalle Public Hearing Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Rick Hixson, City Engineer SUBJECT: Public Hearing on Petition by Kenneth VanDeWalle to Discontinue a portion of Pear Street adjacent to Blocks 97 and 99, Northern Pacific Addition, and adoption of Resolution 4666 – a Resolution of Intent to Discontinue Said Street MEETING DATE: March 21, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Conduct a public hearing, approve the petition to discontinue the street as requested, and proceed with the discontinuance process by approving the attached Resolution of Intent (Commission Resolution 4666) and direct staff to bring back a plat and final resolution to discontinue the subject street right-of-way. RECOMMENDED MOTION: Having conducted a public hearing and considered public comment, I move to adopt the findings provided in the staff memorandum and approve the petition by Kenneth VanDeWalle to discontinue the portion of Pear Street adjacent to Blocks 97 and 99 of the Northern Pacific Addition as shown on Exhibit A of Resolution 4666 and adopt Resolution 4666, a Resolution of Intent to discontinue the street right-of-way and request staff bring back a final resolution to discontinue this right-of-way. BACKGROUND: On September 5, 2015, a petition was received from Kenneth and Kristin VanDeWalle to discontinue a portion of Pear Street in the Northern Pacific Addition to Bozeman. The petition was acknowledged by the City Commission and referred to staff for review on September 14, 2015. See the staff memorandum from 9/9/15. Acknowledge and Approve Receipt of a Street/Alley Vacation Request from Kenneth J. and Kristin VanDewalle to vacate a portion on Pear Street between Interstate Highway Right-of-way, on the west end and Northern Pacific Railroad Mill Spur line on East End Staff has reviewed the proposal (see the attached Engineering Report) and has found that a portion of this right-of-way could be 505 discontinued without detriment to the public interest. Staff did not support the vacation boundary as originally proposed due to concerns with limiting access to water mains and the Pear Street booster station. The applicant agreed to amend the vacation request to limit it to the portion of right-of-way adjacent to their property on the north side of the Booster Station. The applicants own an additional small parcel of land southeast of the Booster Station, and have indicated that if the proposed vacation is approved, they may pursue a land swap with the City for additional Pear Street right-of-way. FINDINGS Section III of Exhibit A to Resolution 3628 (2003) establishes procedures for the Commission’s determination on a petition to discontinue a right-of-way. These procedures require the Commission to make specific findings. As such, we provide the following: 1. Objection or lack of objection. As of the date of this staff memorandum, there has been no public comment regarding this petition. Should objections be filed prior to or during the public hearing the Commission must make note of such objections. A notice of this public hearing will be published in the Daily Chronicle on March 13, 2016 and March 20, 2016. 2. Percent of Owners making request. The applicant owns approximately 26% of the real property adjacent to the right-of-way petitioned to be discontinued, the Montana Department of Transportation owns approximately 24.5%, and Montana Rail Link owns approximately 48.9%. The notice of the public hearing has been sent to all adjacent owners. 3. Whether the action can be done without detriment to the public interest. The findings of the Engineering Report are adopted herein and address issues such as impact on traffic, accessibility, fire police and other emergency services, garbage collection, and street maintenance. 4. Whether any public utility easements exist. See the Engineering Report. According to the Engineering Division there are no public sewer, water or storm drain mains within the subject right-of-ways. The City’s current facility planning maps for water and sewer do not identify a need for any mains to utilize any of the subject right-of-ways in the future. The applicant solicited comments from all known local private utility providers. The utility providers (NorthWestern Energy, Charter Communications, and CenturyLink) do not object to the proposed discontinuance. UNRESOLVED ISSUES: Potential additional right-of-way vacation/land swap, if this vacation is approved and the applicant elects to pursue that. Should the Commission approve the petition and adopt this Resolution, City Engineering will develop a plat and a final resolution for Commission consideration on a future consent agenda. Upon approval of the final resolution discontinuing this street the approved plat and final resolution will be filed with the Gallatin County Clerk and Recorder. ALTERNATIVES: Pursuant to Exhibit A to Resolution 3628, section III.E, the Commission may take any of the following actions: • Deny the petition by declining to adopt this Resolution; • Approve the petition; • Approve the petition with conditions; 506 • Approve an alternative to the action; • Allow the petition to be withdrawn; or • Allow any other action that is in the best interest of the public. FISCAL EFFECTS: None identified. There will be minimal staff time to prepare a plat and final resolution and to pay the costs of filing the plat and resolution with the Clerk and Recorder. Attachments: Application for Street/Alley Vacation Engineering Report Commission Resolution No. 4666 Exhibit Maps Report compiled on February 9, 2016 507 508 509 510 511 512 513 514 515