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HomeMy WebLinkAbout2025_06_17_Commission Presentation_Resolution_Alley AbandonJune 17, 2025 Public Hearing for A Resolution to Vacate and Abandon the N-S Alley Right of Way Between Cottonwood Street and Peach Street Taylor Lonsdale, PE Transportation Engineer Defined in Resolution 3628 •Adjacent Property Owners Petition the City •Acknowledgement of Receipt of Petition (Consent: October 1, 2024) •Engineering Staff Report •Resolution of Intent (2025-20) (Consent: May 20, 2025) •Public Notice •Bozeman Daily Chronicle May 24 and May 31, 2025 •Mailed Notices May 23, 2025 •Public Hearing (Action: June 17, 2025) Procedure for Abandonment Defined in Resolution 3628 •Deny the petition; •Approve the petition; •Approve the petition with conditions; •Approve an alternative to the action; •Allow the petition to be withdrawn; •Allow any other action that is in the best interests of the public. Commission Actions After incorporating the information in the staff report, oral findings made by the Commission during the public hearing, information contained in the proposed resolution, and after considering all protests and public comment, I hereby move to adopt the Resolution, Vacating and Abandoning the alley right of way, subject to satisfaction of all terms including those listed in Section 3 of the Resolution stating that the abandonment will not be recorded until a 20’ wide continuous east west alley has been recorded. Staff Recommended Motion Petition for Abandonment Petition received from Cloverleaf, LLC •Evaluating re-development options •Efficient use of the parcels •Prior to submitting a full development application, Cloverleaf LLC, desires to gain commission support for realignment of alley Existing E-W Alley Existing N-S alley, proposed to be abandoned Proposed E-W Alley Impact on private and public utilities •No existing private or public utilities in the alley right of way •No planned city facilities in the alley right of way Impact on traffic, existing and future •The alley is not currently in use by the public •The separation between the alley and Plum Avenue does not meet the minimum separation requirement in BMC 38.400.090 Engineering Staff Report Evaluation Impact on accessibility •The alley is not currently in use by the public •The future alley will improve connectivity Impact on EMS •The alley is not currently in use by EMS •The future alley will improve connectivity Impact in other city services •The future alley will improve conditions for solid waste collection Engineering Staff Report Evaluation •Area of proposed abandonment balances closely with future alley •Abandonment enhances redevelopment opportunities •Prior to tonight’s hearing no protests were received •Prior to tonight’s hearing one (1) public comment was received •Abandonment of the alley right of way can occur without detriment to public interest •The staff identified alternative is to not abandon Engineering Staff Report Recommendations This Resolution shall not be effective or recorded until a continuous east-west alley easement or right-of-way, which is a minimum of 20 feet wide, from North Ida Avenue to Plum Street is executed and recorded. The petitioner will provide updated documents depicting the changes that will be filed with Gallatin County Clerk and Recorder. Recording of Abandonment After incorporating the information in the staff report, oral findings made by the Commission during the public hearing, information contained in the proposed resolution, and after considering all protests and public comment, I hereby move to adopt the Resolution, Vacating and Abandoning the alley right of way, subject to satisfaction of all terms including those listed in Section 3 of the Resolution stating that the abandonment will not be recorded until a 20’ wide continuous east west alley has been recorded. Staff Recommended Motion