HomeMy Public PortalAbout1995.07.28 Dawson St 1995 FNC CITY OF McCALL
PLANNING AND ZONING COMMISSION
FINDINGS AND CONCLUSIONS IN SUPPORT OF
APPROVAL OF VACATION OF A STREET
The Commission finds that:
1. A petition for approval of the vacation of certain streets was presented for public
hearing on January 4, 1994 by Eloris Chisholm as a representative of the Rogers
Family Trust, applicant, owner of Blocks 22, 23, and 24, and the east half of
Block 21, McCall's First Addition; the streets in question were:
a. Lenora Street north and east of the proposed Pine-Wooley Connector, and
west of the proposed dedication of additional right-of-way for Davis Street;
b. Dawson Street between Lenora and Spruce Street;
C. Fir Street between the extended east right-of-way line of the alley within
Block 21; and
d. the alley within Block 22 north of the proposed Pine-Wooley Connector
The matter came back before the Commission on July 5, 1994, and on July 24,
1995. In the intervening time matters have developed on the Pine-Wooley
Connector. Applicant has escrowed a deed to the City for such Connector's right-
of-way within Blocks 22 and 23, which addresses prior conditions of approvals
discussed by the Commission with respect to Davis Street and the Pine-Wooley
Connector.
2. The necessary notice was given to the public and to other public agencies and
entities. All property adjacent to rights-of-way sought to be vacated belongs to
applicant.
3. There is a sewer line in Fir Street and in the hypothetical easterly extension of Fir
Street to Davis Street,for which sewer line an easement must be preserved.
4. The streets proposed to be vacated have never been opened and built, and the
construction of the Pine-Wooley Connector would make the opening of these
streets doubtful at best.
5. The Commission sees no access need within Blocks 21, 22, 23, and 24 that would
not better be addressed through the platting process for any subsequent
development of those same lands; provided, however, that an alternative right-of-
way for the construction of the Pine-Wooley Connector, and additional right-of-
way for Davis Street as it approaches Wooley, have been dedicated by these
owners. Such dedications would better serve the needs of the neighborhood and of
the City, than Lenora,Fir and Dawson would.
6. The proposed vacation was reviewed and approved by the Transportation
Advisory Committee on February 9, 1994, subject to conditions respecting the
existence of the Pine-Wooley Connector.
7. The proposed use meets the purposes of IC 50-311 and the standards of MCC 3-
21-310 (C) as a matter of fact,provided certain conditions of approval are met.
The Commission concludes that:
8. The proposed use meets the purposes of IC 50-311 and the standards of MCC 3-
21-310 (C) as a matter of law,provided certain conditions of approval are met.
9. The proposed Pine-Wooley Connector is appropriate, and a superior
transportation route for getting people into and out of the subject property than is
the existing street layout.
FINDINGS AND CONCLUSIONS IN SUPPORT OF July 28,1995, page 1
APPROVAL OF SCENIC HIGHWAY DISTRICT CONSTRUCTION
10. The approval of the vacation should be granted pursuant to MCC 3-21-310 (C),
subject to the following conditions of approval:
a. that Council and Staff should take appropriate precautions to ensure that
the substitute right-of-way is in fact obtained;
b. that Council and Staff should take appropriate precautions to ensure that
the easement interest of the City for the Fir Street aligned sewer line is
protected, as well as other utilities, if any, which may be in the area, as
provided by law..
Dated: July 28, 1995
Richard McChrystal,
Chairman
Attest:
Sue Davidson,
P & Z Clerk
FINDINGS AND CONCLUSIONS IN SUPPORT OF July 28,1995, page 2
APPROVAL OF SCENIC HIGHWAY DISTRICT CONSTRUCTION