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HomeMy WebLinkAboutA1. Cannery Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Andrew Kerr, Engineering Assistant Rick Hixson, City Engineer SUBJECT: Public Hearing on Petition by Cannery District Partners, LLC, to discontinue various streets and alleys in and adjacent to Blocks 1, 2 and 3, Imes Addition, and adoption of Resolution 4690 – a Resolution of Intent to Discontinue Said Streets and Alleys MEETING DATE: June 6, 2016 AGENDA ITEM TYPE: Action RECOMMENDATION: Conduct a public hearing, approve applicant’s petition to discontinue the streets and alleys as requested, and proceed with the discontinuance process by approving the attached Resolution of Intent (Commission Resolution 4690) and direct staff to bring back a plat and final resolution to discontinue the subject street and alley rights-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 Cannery District Partners, LLC, to discontinue the streets and alleys in and adjacent to Blocks 1, 2 and 3 of the Imes Addition as shown on Exhibit A of Resolution 4690 and adopt Resolution 4690, a Resolution of Intent to discontinue the street and alley rights-of-way and request staff bring back a final resolution to discontinue these rights-of-way. BACKGROUND: A petition has been received from Cannery District Partners, LLC (applicant), to discontinue the street and alley rights-of-way within the proposed Cannery District Planned Unit Development (PUD) located off E. Oak Street, west of Rouse Avenue. The petition was acknowledged by the City Commission and referred to staff for review on February 29, 2016. See the staff memorandum. Staff has reviewed the proposal (see the attached Engineering Report) and has found that these right-of-ways could be discontinued without detriment to the public interest. 389 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 of lack of objection. As of the date of this staff memorandum, there has been no public comment regarding applicant’s 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 was published in the Daily Chronicle on May 29, 2016, and June 5, 2016. . 2. Percent of Owners making request. The applicant’s property surrounds or is adjacent to approximately 75% of the right-of-ways being considered for vacation. The owners of the property adjacent to the remaining percentage have consented to the proposed vacations. 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. There is an existing public water main within some of the right-of-ways proposed for vacation. By law, an easement will automatically be reserved for this main. To establish the specific limits of the easement, a separate easement document will be submitted to the City Commission for approval if the said right-of-ways are vacated. 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. No response either for or against the proposed vacations has been received to date. UNRESOLVED ISSUES: None identified. 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 these streets and alleys the approve 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; • 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: Fiscal effects are minor. 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. The abolishment of Montana Avenue would eliminate current and future 390 street maintenance costs. The land included in the vacated right-of-ways would become part of the applicants’ property and subject to the same taxation as the rest of the property. Attachments: Application for Street/Alley Vacation Engineering Report Commission Resolution No. 4690 Exhibit A Report compiled on May 23, 2016 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 City Engineering Staff Report – Proposed discontinuance (vacation) of portion of street and alley right-of-ways in the Cannery District development A petition to discontinue various street and alley right-of-ways (ROWs) in Blocks 2 and 3 of Imes Addition was received from Cannery District Partners, LLC, and referred to staff for review. The purpose of the requested vacations is to allow for the Cannery District Planned Unit Development (PUD). The Planning Department required vacation of these ROWs as part of the preliminary PUD. The application is consistent with the required conditions of approval, and the Planning Department is supportive of the requested vacations. The impacts of the proposed discontinuances have been reviewed by the criteria set forth in Commission Resolution 3628: Impact on private and public utilities: A water main exists within some of the right-of-ways proposed to be abandoned. Although by law an easement would automatically remain for this water main, the applicant has prepared and submitted an easement to be recorded after the vacation process is completed to specify the exact location of the easement. The City’s current facility planning maps for water and sewer do not identify a need for any additional mains to utilize any of the subject right-of-ways in the future. The applicant solicited comments from all known local private utility providers. No responses to the discontinuances have been received from any private utility provider. Impact on traffic: the only right-of-way proposed for discontinuance that has been improved is Montana Ave, which has been built to city standard. If vacated, the improvements to Montana Ave would be removed. A new access off Oak Street to replace Montana Ave would be constructed with the PUD west of where Montana Ave currently meets Oak Street. The City’s current transportation facility planning maps do not identify a need to utilize the subject right-of- ways for any future street network. Impact on accessibility: elimination of Montana Ave. would decrease access to both the Cannery District and Northside Subdivision properties, but with the completion of the PUD improvements equivalent access would be restored. A common access easement will be established to allow access of Oak Street through the Cannery District and into the Northside Subdivision development. It is anticipated that the improvements on Montana Ave will remain after the right- of-way is vacated until the new access off Oak Street is established. Impact on fire, police, and other emergency services: no impact to these services identified. Impact on garbage collection and street maintenance: no impact to garbage collection has been identified. Discontinuance of Montana Ave would eliminate any street maintenance responsibilities. Alternatives to vacation: revocable encroachment permits could be issued, however this would likely not be conducive to the completion of the PUD or acceptable to the applicant. Recommendation: discontinuance of these right-of-ways as requested can be done without detriment to the public interest, and is the preferred alternative. 416 Resolution 4690 COMMISSION RESOLUTION NO. 4690 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE PORTIONS OF STREET AND ALLEY RIGHT-OF-WAYS IN BLOCKS 1, 2, AND 3 OF IMES ADDITION TO THE CITY OF BOZEMAN, LOCATED IN SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINICIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. WHEREAS, a petition to vacate portions of streets and alleys in and adjacent to Blocks 1, 2 and 3 in said Imes Addition, has been filed with the City Clerk by Cannery District Partners, LLC, owners of property abutting the said street and alley right-of-ways, as shown in Exhibit "A" attached hereto; and WHEREAS, City Commission Resolution 3628 requires certain procedures be followed to review a petition to discontinue a street or alley including: (i) requiring the petition contain specific information; (ii) acceptance of the petition by the City Commission (which occurred February 29, 2016); (iii) the return of a report from the City’s Engineering Division; (iv) a public hearing on whether to approve the petition; (v) notice both mailed to affected property owners and published in the Bozeman Daily Chronicle; and (vi) adoption of this Resolution; and WHEREAS, notice was mailed in conformance with Resolution 3628 and a public hearing was held on June 6, 2016 at which time reasonable opportunity was provided to the public and those that have an interest in property abutting said right-of-ways to make objections to the discontinuance of these right-of-ways; and 417 Resolution 4690 WHEREAS, the subject street and alley right-of-ways can be discontinued without detriment to the public interests; and WHEREAS, it is in the best interests of the City of Bozeman and the inhabitants therein that said right-of-ways be discontinued, provided, however, that said discontinuance does not affect the right of any public utility to continue to maintain its plant and equipment in said right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Declaration of Intention It is hereby declared to be the intention of the City Commission of the City of Bozeman, Montana, to vacate all of the right-of-ways in Blocks 1, 2, and 3 of Imes Addition as described as follows: Montana Avenue, from the north line of Tract A, Amended Plat C-41-D of Imes Addition, to the south line of Oak Street as established by Ordinance No. 575; All of the north-south alley in Block 2 of Imes Addition, from the north line of Tract A, Amended Plat C-41-D of Imes Addition to the north line of Block 2, Imes Addition; Bozeman Avenue, from the north line of Tract A, Amended Plat C-41-D of Imes Addition to the north line of Blocks 2 and 3, Imes Addition; All of the north-south alley in Block 3 of Imes Addition from the north line of Tract B, Amended Plat C-41-E of Imes Addition to the north line of Block 3, Imes Addition; All of Oak Street as established by Ordinance No. 575 from the north line of Tract B, Amended Plat C-41-E of Imes Addition to the east line of Montana Avenue; All as shown on the attached Exhibit A. The discontinuances shall not affect the right of any public or private utility facility to continue to maintain currently established plant and equipment in the street or alley right-of-ways. Section 2 Fee Title to Revert to Cannery District Partners LLC It is the intent of the Commission that the fee title to the land where the right-of-ways will be discontinued will be declared, upon adoption of a final resolution discontinuing the street, to revert to Cannery District Partners, LLC, for their benefit. 418 Resolution 4690 Section 3 City Engineering to Bring Back Plat and Final Resolution By adoption of this Resolution, and in compliance with Resolution 3628, the City Commission of the City of Bozeman hereby directs a plat depicting the changes approved herein be brought to the Commission for review and decision on adoption along with a final resolution of discontinuance. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 6th day of June, 2016. ________________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 419 420