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HomeMy WebLinkAbout02- Minor Subdivision No. 99 of Advanced Technology Park , , I Advanced Technology Park Amendment Findings of Fact and Order #P-02029 I BEFORE THE BOZEMAN CITY COMMISSION GALLATIN COUNTY, MONTANA IN THE MATTER OF THE APPLICATION OF FINDINGS BILL & CHERYL ROLLER, FOR PRELIMINARY PLAT OF FACT AMENDMENT APPROVAL OF MINOR SUBDIVISION NO. 99 AND ORDER OF THE ADVANCED TECHNOLOGY PARK. This matter carne before thc Bozeman City Commission on September 3, 2002, for review and decision pursuant to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 625, Montana Codes Annotated, and the City of Bozeman Subdivision Regulations, City of Bozeman Adopted Growth Policy, and City of Bozeman Zoning Ordinance. The applicant presented to the Commission a Preliminary Subdivision Plat Amendment to an approved minor subdivision as submitted in its original form on July 17, 2002, P-02029. The Commission held a public hearing on the preliminary plat amendment and considered all relevant evidence relating to the public health, safcty, and welfare, and the recommendation ofthe planning board, to determine whethcr the plat amendment should be approved, conditionally approved, or disapproved. It appeared to the Commission that all parties wishing to appear and comment were given the opportunity to do so, and therefore, being fully advised of all matters having come before it regarding this application, the Commission makes the following Findings of Fact, as required: -1- , I Advanced Technology Park Amendment Findings of Fact and Order #P-02029 I FINDINGS OF FACT I. On July 17, 2002, Bill & Cheryl Roller, submitted an application [or amendment to the Minor Subdivision No. 99 ofthe Advanced Technology Park, to remove a "No Access Easement" on Lot 3 of Minor Subdivision No. 99. The property is located in the NElf4 of Section 14, T2S, R5E, PMM, City of Bozeman, Gallatin County, Montana. The subject property is zoned B-P (Business Park District). II. The comments of the Development Review Committee, along with those of Planning & Community Development Staff, were incorporated into a Staff Report with a suggested condition of approval, which was provided to the Bozeman Planning Board. III. Notice of the time and date of the public meeting and public hearing was posted at the site and also published in the Bozeman Daily Chronicle on August 18,2002. Said notice also served to inform interested persons that materials were available for review at the Bozeman Planning & Community Development Department. The Bozeman Planning Board considered the application at its regular meeting on August 20, 2002. The Planning Board found that the application was properly submitted and rcviewed under the procedures of the City of Bozeman Subdivision Regulations and the Zoning Ordinance. Staff reviewed the staff report and the evidence, which justified the imposition of the condition. -2- , IAdvanccd Technology Park Amendment Findings of Fact and Order #P-02029 I The applicant made a formal presentation in favor ofthe requested subdivision amendment and agreed to the condition presented in the Staff Report. The Planning Board then opened the public hearing. There were no comments from the gencral public in favor of or in opposition to the proposed subdivision amendment. Receiving no response, the Planning Board closed the public hearing. The Planning Board then voted on a motion regarding the subdivision amendment. The motion, to recommend approval of the subdivision with the condition as recommended by Staff, passed on a vote of Sin favor and 0 in opposition. N. The application was considered by the Bozeman City Commission at its regular meeting on September 3,2002, at which time the recommendation of the Planning Board and information compiled by City staff was reviewed. V. The application was considered by the Bozeman City Commission and weighed against the review criteria established by Statute, and found as follows: A) PRIMARY REVIEW CRITERIA 1. Effects on Agriculture. The requested amendment to the plat will not have an adverse impact on agriculture. -3- . . IAdvanced Technology Park Amendment Findings of Faet and Order #P-02029 I 2. Effects on Agricultural Water User Facilities. Piping of the small section of the Middle Creek Ditch in order to construct a secondary access will not impact downstream water users. The property owner has already received pcrmission from the ditch company to install an appropriate size culvert. 3. Effects on Local Services. Water/Sewer: Not applicable. Police/Fire: The amendment would allow the property owner to construct a secondary access to the property as requested by the Fire Marshal. The property owner received preliminary approval from the DRC for a Minor Site Plan to construct an office building on the propcrty. Since the property gains primary access from Analysis Drive, which is a cul-de-sac, and due to the long linear parking lot, the Fire Department has requested that a secondary access be provided to facilitate emergency response and vehicle maneuvering. Strects: Garfield Street is classified as a local street in the Transportation Plan. The lot effected by the "No Access Easement" is located between Analysis Drive and Garfield Street, approximately 376 feet from the South 19th Avenue intersection. Utilities: All necessary utilities were provided with the original plat. 4. Effects on the Natural Environment. The construction of the access will require crossing the ditch but will not impact the stream located further east of the property. -4- . . I Advanced Technology Park Amendment Findings of Fact and Order #P-02029 I 5. Effects on Wildlife and Wildlife Habitat. There are no foreseeable impacts on wildlife and wildlife habitat associated with allowing the removal of the easement. Generally, Fish, Wildlife & Parks classifies all watcrways bascd on the presence of viable fish habitat. This watercourse has been designated solely as a ditch. 6. Effects on Public Health and Safety. The public safety shall be served. B) COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDNISION AND PLATTING ACT. The subdivision complies with survey requirements ofthe Act. C) COMPLIANCE WITH THE BOZEMAN SUBDIVISION REGULA nONS. The proposal, with the recommended condition, is in compliance with the Bozeman Subdivision Regulations. D) COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCESS. The meeting bcfore the Planning Board and hearing beforc the City Commission have been properly noticed, as required in the Subdivision Regulations. E) PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. The amendment would allow the removal of an existing easement to allow access to the property from Garfield Street. However, the utilities will be installed from Analysis Drive. .5- . j . . IAdvanccd Technology Park Amendmcnt Findings of Fact and Order #P-02029 I F) PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. By removing the "No Access" provision, the property owner will potentially have two accesses to the property. However, the main objective is to provide emergency access to the property from Garfield Street. G) COMPLETION OF IMPROVEMENTS. The final plat must be submitted and approved by the City of Bozeman prior to a certificate of occupancy being issued. ORDER After considering all matters of record presented at the public hearing, the City Commission found that the proposed subdivision amendment would comply with the Bozeman Adopted Growth Policy and the requirements of the City of Bozeman Subdivision Regulations, the Montana Subdivision and Platting Act, and the Bozeman Zoning Ordinance, if certain conditions were imposed. The evidence, as stated or referenced in the Findings of Fact, justifies the imposition of the condition ordered herein to ensure that the final plat complies with all applicable regulations and all required criteria. THEREFORE, IT IS HEREBY ORDERED that the Prcliminary Subdivision Plat Amendment of Minor Subdivision No. 99 of Advanced Technology Park for Bill & Cheryl Roller, be approved, subject to the following condition: I. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all -6- . . -. , IAdvanced Technology Park Amendment Findings of Fact and Order #P.02029 I required documents, a platting certificate, and all required certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3Y2-inch floppy disk; and five (5) paper prints. This City Commission order may be appealed by bringing an action in the Eighteenth District Court of Gallatin County, within 30 days after the adoption of these Findings by the City Commission, by following the procedures of Section 76-3-625, M.C.A. DATED this 16th day of December 20Q2 BOZEMAN CITY COMMISSION By ,-{- 1(~ Steven R. Kirchhoff, Mayor ~EST. it:c1H~ Robin L. Sullivan Clerk of the Commission -7-