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Home My Public Portal AboutAB 03-95 Dawson Ave VacationCITY COUNCIL City of McCall AGENDA BILL 216 East Park Street Number AB 03–95 McCall, ID 83638 Date September 11, 2003 ITEM INFORMATION SUBJECT: Original Agenda Date & Bill No. Department/Committee/Individual Initials Remarks A PUBLIC HEARING A Mayor / Council VAC–03–3 P City Manager Ordinance 780 P Finance Director/City Clerk CONTINUED from August 14 R Deputy City Clerk O Community Development originator Vacation of a portion of V Police Chief Dawson Avenue A Public Works L Director of Golf & Parks Operations COST IMPACT: n/a S Recreation Director FUNDING SOURCE: n/a Airport Manager Librarian TIMELINE: ASAP City Attorney Grant Coordinator SUMMARY STATEMENT: See attached memo. RECOMMENDED ACTION: Close the public hearing for VAC–03–3. Adopt the draft Findings & Conclusions, denying the requested vacation. RECORD OF COUNCIL ACTION Meeting Date Action July 10, 2003 Continued Public Hearing to July 24. Directed staff to provide assistance and information to the applicant and to clarify the value of the Davis Street strip as a potential bike path. July 24, 2003 Continued Public Hearing to August 14. Directed staff to provide public notice for a property exchange and to work with the applicant to develop an agreement regarding vacation and land exchange. August 14, 2003 Continued Public Hearing to September 11. Established value of land to be exchanged as $2.08 per square foot, directed staff to provide notice for a potential land transfer or exchange. September 11, 2003 Public Hearing closed, draft findings and conclusions adopted, vacation denied City of McCall, Idaho Community Development Department Memo To: City Council members From: Lindley Kirkpatrick, AICP Date: September 4, 2003 Re: AB03–95: Vacation of a portion of Dawson Avenue (VAC–03–3) The Planning & Zoning Commission recommended approval of the vacation request, subject to certain conditions. Staff recommended denial of the vacation request. Following several public hearings, a proposal for a land exchange was developed. A public hearing on the land exchange is scheduled for September 11 (AB03–116). Approval of the land exchange eliminates the need for the requested vacation. Ordinance 780, which was originally drafted to enact the vacation, will be unnecessary if the land exchange is approved. The attached draft Findings & Conclusions for VAC–03–1 deny the requested vacation. McCall City Council Findings and Conclusions Regarding Vacation of a Public Right-of-Way VAC–03–3 A Portion of Dawson Avenue Adjacent to Block 26 of McCall’s First Addition The Council finds that: An application to vacate a public right-of-way pursuant to McCall City Code Title 3 Chapter 21, was submitted on May 5, 2003 by Tom Schoonover. The application requested vacation of a portion of Dawson Avenue, adjacent to Block 26 of McCall’s First Addition, more particularly described as: A parcel of land proposed as part of an agreement for vacation of a portion of Dawson Avenue, being a part of Dawson Avenue, falling between Blocks 19 and 26, McCall First Addition, Book 1, Page 58 of Plats, situated in Government Lot 2, Section 9, Township 18 North, Range 3 East, Boise Meridian, City of McCall, Valley County, Idaho, and more particularly described as follows: Commencing at the northeast corner of said Government Lot 2, thence S. 81° 52' 57" W., 10.60 feet to the northeast corner of said Block 26, also the northeast corner of Tax #24, falling on the west Right of Way of Davis Avenue and the north line of said McCall First Addition; thence continuing along said north line, also the north line of said Block 26, S. 89° 55' 35" W., 57.13 feet to the northwest corner of Block 26, also the northwest corner of said Tax #24, falling the east Right of Way of Dawson Avenue, the point of beginning; Thence, continuing along the north line of the McCall First Addition, S. 89° 55' 35" W., 14.44 feet to an angle point in said north line; thence, continuing, N. 87° 53' 57" W., 41.66 feet to a point; thence departing said north line, South, 61.58 feet to a point; thence N. 89° 55' 35" E., 47.32 feet to a point on the east Right of Way of Dawson Avenue, also the southwest corner of said Tax #24; thence along said east Right of Way, N. 8° 17' 53" E., 60.65 feet to the northwest corner of Tax #24, the point of beginning. Containing 0.0720 acres. The property in question is located in the Zone A – Low Density Residential District. The McCall Planning & Zoning Commission held a properly posted and noticed public hearing on June 3. A transcribable record was made of the public hearing. The Commission received public testimony and reviewed a staff report dated June 3. Written comments were received from the Public Works Department and Police Department. Dawson Avenue was originally platted in 1914 as an 80' wide right-of-way, as part of McCall’s First Addition. Dawson Avenue ends at the applicant’s property. The improved portion of Dawson Avenue is on the extreme west side of the right-of-way. In 1998, a 20' wide strip on the east side of Dawson Avenue was vacated. The applicant’s property was not included in the vacation request. A portion of the applicant’s home, a storage shed, a propane tank, and a substantial barbecue structure occupy the area requested for vacation. These structures have apparently occupied the right-of-way for many years, prior to the City’s building permit requirements. The applicant has proposed to dedicate a parcel containing approximately 0.0199 acres along Davis Street as public right-of-way, in exchange for the requested vacation of Dawson Avenue. The Commission recommended that the vacation be approved, subject to certain conditions. On July 1, the Commission approved a merger of Lots 11 and 12 of Block 26, McCall’s First Addition, satisfying one recommended condition of approval. No appeal of the Commission’s recommendation was filed. The Council held a properly posted and noticed public hearing on July 10. The public hearing was continued to July 24, August 14, and September 11. A transcribable record was made of each public hearing. The Council reviewed the entire record of the Commission’s action and received substantial public testimony. A land exchange proposal, involving a portion of the property described above, has been considered by the Council. The Council concludes that: The requested vacation is not compatible with the present and future development of the neighborhood or the interests of the City. The requested vacation of a portion of Dawson Avenue (VAC–03–3) is hereby denied. Dated: September 11, 2003 Attest: ___________________________ __ ___________________________ Ralph Colton Barbara Bauer Mayor City Clerk CITY COUNCIL City of McCall AGENDA BILL 216 East Park Street Number AB 03–95 McCall, ID 83638 Date August 14, 2003 ITEM INFORMATION SUBJECT: Original Agenda Date & Bill No. Department/Committee/Individual Initials Remarks A PUBLIC HEARING A Mayor / Council VAC–03–3 P City Manager Ordinance 780 P Finance Director/City Clerk CONTINUED FROM JULY 24 R Deputy City Clerk O Community Development originator Vacation of a portion of V Police Chief Dawson Avenue A Public Works L Director of Golf & Parks Operations COST IMPACT: n/a S Recreation Director FUNDING SOURCE: n/a Airport Manager Librarian TIMELINE: ASAP City Attorney Grant Coordinator SUMMARY STATEMENT: Additional information is necessary from the applicant in order to proceed with the land exchange. The applicant has stated that the land is worth $2.08 per square foot. Using that value, Parcel A (to be granted to the City) is valued at $1,803; Parcel B (to be granted to the applicant) is valued at $3,370. The net due to the City would be $1,567. RECOMMENDED ACTION: Close the public hearing for VAC–03–3. Establish the value of the land to be exchanged. Direct staff to provide notice for a new public hearing on VAC–03–3 and a potential land exchange when all necessary information is provided by the applicant. RECORD OF COUNCIL ACTION Meeting Date Action July 10, 2003 Continued Public Hearing to July 24. Directed staff to provide assistance and information to the applicant and to clarify the value of the Davis Street strip as a potential bike path. July 24, 2003 Continued Public Hearing to August 14. Directed staff to provide public notice for a property exchange and to work with the applicant to develop an agreement regarding vacation and land exchange. August 14, 2003 Continued the public hearing on a vacation of a portion of Dawson Avenue until the September 11, 2003 Council meeting, to establish that the value of the land identified for potential exchange between the City and Mr. Schoonover be set at $2.08 per square foot, and to direct staff to provide notice for a potential land transfer or exchange. CITY COUNCIL City of McCall AGENDA BILL 216 East Park Street Number AB 03–95 McCall, ID 83638 Date July 24, 2003 ITEM INFORMATION SUBJECT: Original Agenda Date & Bill No. Department/Committee/Individual Initials Remarks A PUBLIC HEARING A Mayor / Council VAC–03–3 P City Manager Ordinance 780 P Finance Director/City Clerk CONTINUED FROM JULY 10 R Deputy City Clerk O Community Development originator Vacation of a portion of V Police Chief Dawson Avenue A Public Works L Director of Golf & Parks Operations COST IMPACT: n/a S Recreation Director FUNDING SOURCE: n/a Airport Manager Librarian TIMELINE: ASAP City Attorney Grant Coordinator SUMMARY STATEMENT: The applicant has not yet provided the additional information requested by the Council. Staff has met with the applicant and is continuing to discuss the application with them. The Planning & Zoning Commission recommends that the City Council vacate the requested portion of Dawson Avenue, subject to certain conditions. Attached are draft Findings & Conclusions for the City Council, incorporating the P&Z’s Findings & Conclusions and making them the Council’s own. Ordinance 780 vacates the requested portion of the right-of-way. Staff recommendation on July 10, 2003 is that the vacation request not be approved. July 24, 2003 Continuance of Hearing discussion by Council included a request for staff to work with the applicants to present a proposal for vacation in exchange for removal of encroachments, a property exchange, cash payment to the City and restrictions on future improvements to the house. RECOMMENDED ACTION: Adopt the draft Findings and Conclusions for VAC–03–3. Suspend the rules and read Ordinance 780 one time only, by title only; Adopt Ordinance 780. Authorize the Mayor to sign all necessary documents. RECORD OF COUNCIL ACTION Meeting Date Action July 10, 2003 Continued Public Hearing Ordinance No. 780 to the July 24, 2003 City Council meeting. Council directed staff to provide assistance and information to the applicant and to clarify the value of the Davis Street strip as a potential bike path. The applicant is responsible for obtaining information, including appraisals of the property and identifying alternatives for the next Council meeting. July 24, 2003 The Council agreed to continue this Hearing on Ordinance 780 to the August 14, 2003 meeting of City Council in order to allow City staff and the Schoonovers to work on an agreement to provide a twenty foot vacation in exchange for warranty deed title to the 15 feet offered on Davis Street, plus a dollar amount to be determined. In addition, the agreement should state that correction of setback encroachment may be required before any structural changes can be made to the house, and that all other encroachments shall be removed immediately. This agreement will be brought to a continuance of this Hearing on August 14th, 2003. That continuance will also be noticed for potential property exchange. The perpetuation of a non-conforming use is a concession due to the unique situation requiring special approval of Council.