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Home My WebLink About96- Potter Clinton at Valley Commons Business Park . , J BEFORE THE BOZEMAN CITY COMMISSION CITY OF BOZEMAN, MONTANA IN THE MATTER OF THE APPLICATION OF POTTER FINDINGS OF FACT CLINTON DEVELOPMENT. INC. FOR PRELIMINARY AND ORDER SUBDIVISION PLAT APPROVAL OF THE AMENDED PLAT OF THE V ALLEY COMMONS BUSINESS PARK PURSUANT to the Montana Subdivision and Platting Act, Section 76-3-101 through 76-3- 614, Montana Codes Annotated, and the Bozeman Area Subdivision Regulations, the Bozeman City Commission reviewed the proposed Preliminary Subdivision Plat to amend the final plat of Valley Commons Business Park Subdivision to modify a note on the face of the plat to permit access from Lot 1 to Fallon Street, as submitted by the applicant, together with the required supplementary plans and information, to determine if the information submitted meets the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act, and in addition, to eonsider the recoIJUnendation of the Bozeman City-County Plamring Board concerning the application. It appeared to the City Commission that all parties wishing to appear and comment were given the opportunity to do so, and as the City Commission was fully advised of all matters having come before it regarding this application, makes the following Findings of Fact, as required: AMENDED PLAT OF VALLEY COMMONS BUSINESS PARK SUBDIVISION, FINDINGS OF FACT AND ORDER PAGE 1 . . FINDINGS OF FACT I. The application to amend the final plat of Valley Commons Business Park Subdivision to modify a note on the face ofthe plat to permit access from Lot 1 to Fallon Street was made on April 30, 1996. II. Although the "no access" note affects only four lots in the subdivision, the Plat of Valley Commons Business Park has more than five lots. Therefore, the appropriate review process is the major subdivision review which will provide adequate notice to all adjacent property owners. III. Notice of Public Hearing before the Bozeman City-County Planning Board and the public meeting before the Bozeman City Commission was published in the Bozeman Daily Chronicle on May 19, 1996, and was mailed by Certified mail, return receipt requested, to adjoining property owners on May 16, 1996. IV. The matter was heard before the Bozeman City-Coooty Planning Board on Jooe 4, 1996. No members of the public spoke at the hearing and no written comment was received. The developer agreed with the conditions recommended in Planning Staff Report Z-9621. AMENDED PLAT OF VALLEY COMMONS BUSINESS PARK SUBDIVISION, FINDINGS OF FACT AND ORDER PAGE 2 . \ V. After finding the application was properly submitted and reviewed under the proeedures of the Bozeman Area Subdivision Regulations, the Planning Board reviewed and considered the review criteria established in Title 76-3-608, M.C.A. for the review of preliminary subdivision plats. The Planning Board also considered the testimony from the developer regarding the reason for removing the no access provision from Lot 1. The Planning Board granted a waiver of the completion ofthe Environmental Assessment and Community Impact Statement, as the information can be found in the Bozeman Area Master Plan. Following their review, the Planning Board found that the application complies with the required criteria, and on a vote of 8-0, forwarded the applieation to the City Commission with a recommendation of conditional approval. VI. The application was considered by the Bozeman City Commission at their regular meeting on June 17, 1996. The Commission weighed the amended subdivision against the review criteria established by Statute, and found as follows: A. PRIMARY REVIEW CRITERIA 1) Effeet on A2ficulture. The subdivision has been platted, and all infrastructure is in place, including streets, sewer and water. There is no agricultural use on the property; therefore, there will be no effect on agriculture. 2) Effects on AJPicultural Water User Facilities. No agricultural water user facilities have been identified on this property. 3) Effects on Local Services. The amendment of this plat to permit an exit drive from Lot 1 to Fallon Street will have no effect on loeal services. AMENDED PLAT OF VALLEY COMMONS BUSINESS PARK SUBDIVISION, FINDINGS OF FACT AND ORDER PAGE 3 . . . , 4) Effeets on Natural Environment. No negative effects on the natural environment were identified during the review of the original plat, and the proposed amendment for an exit drive to Fallon Street will have no effect on the natural environment. 5) Effects on Wildlife and Wildlife Habitat. No negative effects on wildlife or wildlife habitat were identified during review of the original plat, nor during the review of the proposed amendment. 6) Effects on Public Health and Safety. Effects from the volume of traffic added to the existing street system were identified during review of the original plat, and mitigation occurred at that time. As the property to the north of the proposed access is not developed, and is no longer proposed to develop as residential given the recently approved Zone Map Amendment from High Density Residential to Residential Office, lifting the restriction to allow access from Lot I to Fallon Street will not affect the public health, safety and welfare. B. COMPLIANCE WITH SURVEY REQUIREMENTS PROVIDED FOR IN PART 4 OF THE MONTANA SUBDIVISION AND PLATTING ACT. The survey requirements will be complied with when the final plat is filed. C. COMPLIANCE WITH BOZEMAN AREA SUBDIVISION REGULATIONS. The subdivision complies with the Bozeman Area Subdivision Regulations, and the fmal plat will be required to also comply with the Regulations. D. COMPLIANCE WITH THE REQUIRED SUBDIVISION REVIEW PROCEDURES. The application complies with the subdivision review procedures. E. PROVISION OF EASEMENTS FOR THE LOCATION AND INSTALLATION OF ANY PLANNED UTILITIES. Required easements were granted with the original plat, and will not be affected by the proposed amendment. F. PROVISION OF LEGAL AND PHYSICAL ACCESS TO EACH PARCEL. Each lot currently has legal and physical access. The proposed amendment will grant an additional egress from Lot 1 to Fallon Street, thus providing for better traffic flow for the proposed convenience uses. AMENDED PLAT OF VALLEY COMMONS BUSINESS PARK SUBDIVISION, FINDINGS OF FACT AND ORDER PAGE 4 . . . . . . , " ( VII. A majority of the Commission found that, with conditions, the proposed subdivision is in compliance with the Montana Subdivision and Platting Act, and complies with the criteria established ror review. One member of the Commission expressed concern that access to Fallon Street may be detrimental to the public health, safety and welfare by causing vehicular encroachments onto the street which adjoins residential areas. ORDER After eonsidering all matters of record presented at the public hearing and meeting, the Bozeman City Connnission round that the proposed preliminary plat to amend the final plat of Valley Conunons Business Park could comply with the requirements of the Bozeman Area Subdivision Regulations and the Montana Subdivision and Platting Act if certain conditions are imposed on the project. The evidence that justifies the conditions is to ensure that the final plat complies with all regulations, and that direct access from Lots 2, 3 and 4 to Fallon Street is not necessary for access or traffic flow, and has not been requested from the subdivider. THEREFORE, IT IS HEREBY ORDERED, on a vote of 4-1, that the subject subdivision be approved, subject to the conditions listed below. 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 ofthis document by the City Connnission, by following the procedures of Section 76-3-625, M.C.A. The conditions of approval for this subdivision are as follows: AMENDED PLAT OF VALLEY COMMONS BUSINESS PARK SUBDIVISION, FINDINGS OF FACT AND ORDER PAGE 5 . .. .. .. , . - . . . , 1. The Final Plat shall conform to all requirements ofthe Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, shall eontain all required certificates, and existing easements and notes, as well as a note regarding the purpose of the plat being to provide for access from Lot I to Fallon Street. The final plat shall contain a note that ''No Director Access to Fallon Street will be allowed from Lots 2 through 4", and that Lots 1 and 2 will share an access from Valley Commons Drive. Two cloth baek, two mylar and a digital copy of the plat must be submitted for final plat review, along with a Platting Certificate. 2. While not a condition of subdivision plat approval, the subdivider shall hereby be informed that the access from Lot 1 onto Fallon Street must be constructed to a city standard access approach, including a sidewalk at grade, apron, and drop curb. A curb cut/sidewalk permit must be obtained from the City Engineering Department prior to construction of the access. The preliminary approvalofthis subdivision shall be effective for three (3) years from the date of adoption of this docrnnent by the City Corrnnission. At the end of this period the City Commission may, at the written request of the subdivider, extend its approval as provided for in the Bozeman Area Subdivision Regulations. DATED this ~ day of July .1996. BOZEMAN CITY COMMISSION By: (a /.~~ Don E. Stueck, Mayor ATTEST: APPROVED AS TO FORM: {J~ cI ~ Robin L. Sullivan Clerk of the Commission AMENDED PLAT OF VALLEY COMMONS BUSINESS PARK SUBDIVISION, FINDINGS OF FACT AND ORDER PAGE 6