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HomeMy Public PortalAbout2005.03.24 VAC-05-01 Alley Block 12 of LardoMCCALL CITY COUNCIL FINDINGS AND CONCLUSIONS REGARDING VACATION OF A PUBLIC RIGHT-OF-WAY VAC-05-1 A Portion of Pinedale Street and an Alley Within Block 12 of the Townsite of Lardo The Council finds that: 1. An application to vacate a public right-of-way pursuant to McCall City Code Title 3 Chapter 21, was submitted by Steve Arnold, Stanley Consultants, representing Marty Pieroni. The application requested vacation of a portion of Pinedale Street adjacent to Block 12 of the Townsite of Lardo, and an alley within Block 12 of the Townsite of Lardo, more particularly described as: The alley located between Lots 13-24 and Lots 1-12 of Block 12, Townsite of Lardo and That portion of Pinedale Street located adjacent to Block 12, Townsite of Lardo 2. The property in question is located in the B Residential zoning district. 3. The McCall Planning & Zoning Commission held a properly posted and noticed public hearing on January 11, 2005. The public hearing was continued to February 1 and February 22. A site visit was conducted on January 27. A transcribable record was made of each public hearing. 4. The Commission received substantial public testimony, reviewed correspondence received from the public, and reviewed a recommendation from the McCall Parks & Recreation Committee. 5. These public rights -of -way were originally platted as part of the Lardo Townsite. Neither right-of-way has been improved for public use. 6. A companion application for a residential condominium project (SUB-04-17) containing 18 condominium units and associated improvements was also submitted by the applicant. The Commission considered SUB-04-17 on December 7, 2004, January 11, 2005, January 27, February 1 and February 22. On February 22, the Commission granted preliminary plat approval, subject to certain conditions. 7. The applicant proposes to construct a six space parking area and walking path to the river within the right-of-way for Parkdale Street (immediately north of the proposed vacation), and dedicate and construct a path along the top of the river bank from Parkdale Street to the southern edge of the requested vacation of Pinedale, and within the vacated Pinedale right-of-way to Rowland Street. The parking and path system would be dedicated to the public. 8. In 1995, a request to vacate the alley within Block 12 of the Lardo Townsite was approved by the City Council, but an ordinance was never adopted and no deeds were ever recorded. 9. The Commission recommended that the vacation be approved, subject to certain conditions. 10. No appeal of the Commission's recommendation was filed. 11.The Council held a properly posted and noticed public hearing on March 24. A transcribable record was made of the public hearing. The Council concludes that: 1. The vacation of the Pinedale right-of-way is not compatible with the present and future development of the neighborhood and the interests of the City. 2. The vacation of only the alley is compatible with the present and future development of the neighborhood and the interests of the City, subject to certain conditions. 3. The vacation of the alley within Block 12 of the Lardo Townsite is hereby approved, subject to the following conditions: a. A easement for public use, from the high water mark of the North Fork Payette River west to 10 feet west of the top of the bank of the North Fork Payette River, connecting the Parkdale right-of-way with the Pinedale right-of-way must be granted to the City. b. The developer must participate in the design and construction of a driveway and parking area within the Parkdale right-of-way, as originally proposed, and the path system to the river and connecting the Parkdale right-of-way with the Pinedale right-of-way. Dated: March 24, 2005 Kirk L. Eimers Mayor Attest: Dan Irwin City Clerk McCall City Council Findings and Conclusions Regarding Vacation of a Public Right -of -Way VAC-05-1 page 2