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Home My WebLink About08-08-16 CC Mtg - C10. Ordinance 1957, Annie Phase II ZMA Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Rebecca Owens, Associate Planner Chris Saunders, Interim Community Development Director SUBJECT: Final adoption of Ordinance 1957 approving the Lot 5 Annie Subdivision Phase 2 Zone Map Amendment to rezone 3.492 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) generally located on the northern portion of the tract at 1480 North 27th Avenue, between Tschache Lane and Oak Street. Application Z08075. MEETING DATE: August 8, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves the 2nd reading and final adoption of Ordinance 1957 to establish a zone map amendment rezoning approximately 3.492 acres from R- 3 (Residential Medium Density District) to R-4 (Residential High Density District). RECOMMENDED MOTION: Should the Commission remove this from the consent agenda we recommend the following motion: “Having reviewed and considered the application materials, public comment, all of the information presented, a public hearing on July 1, 2008, prior Commission approval of the zone map amendment on August 4, 2008, and the provisional adoption of Ordinance 1957 having been previously held on July 25, 2016. I hereby approve final adoption of Ordinance 1957 to rezone approximately 3.492-acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District), Application Z08075.” BACKGROUND: The property owner and applicant, Fellowship Baptist Church, submitted a zone map amendment (ZMA) for the above-referenced property that was approved unanimously by the Commission on August 4, 2008. The Commission approved the 1st reading of Ordinance No. 1957 on July 25, 2016, and the ZMA now requires final adoption of the implementing ordinance to be approved. Staff’s review of project files for the subject ZMA and closure of the proposed site details through Engineering review concludes that the current request for rezoning is acceptable. In addition, the four contingencies listed in Zoning Commission Resolution Z08075 were addressed 60 with the provisional adoption of the subject ordinance. The Commission’s final approval of this consent item incorporates the findings made for the ZMA with the Commission’s unanimous approval of the Fellowship Baptist Church Zone Map Amendment on August 4, 2008. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: 1. Adopt the ordinance as provided by staff 2. Not adopt the ordinance FISCAL EFFECTS: No immediate fiscal impacts are expected from this action. Future development will generate both costs and revenues dependent on the nature of the development. Attachments: Ordinance 1957 & Exhibit A: Lot 5, Annie Subdivision Ph 2 ZMA Staff Report compiled on: June 25, 2008 61 ORDINANCE NO. 1957 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FOR THE 3.492-ACRE NORTHERN PART OF LOT 5, ANNIE SUBDIVISION, PHASE 2 (FORMERLY IDENTIFIED AS FELLOWSHIP BAPTIST CHURCH), AND ADJACENT PORTIONS OF TSCHACHE LANE, N. 27TH AVE AND N. 25TH AVE; LOCATED IN THE NORTHEAST ONE-QUARTER (NE ¼) OF SECTION 2, TOWNSHIP 2, SOUTH, RANGE 5 EAST, P.M.M., CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, Mont. Code Ann.; and WHEREAS, Section 76-2-305, Mont. Code Ann. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, Mont. Code Ann.; states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, Mont. Code Ann.; and WHEREAS, Chapter 18, Article 70 now codified as Chapter 38, Article 37 of the Bozeman Municipal Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map to change the zoning on 3.492 acres from R-3 (Residential Medium District) to R-4 (Residential High Density) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 1, 2008, to receive and review all written and oral testimony on the request for a zone map amendment; and 62 Ordinance No. 1957, Lot 5 Annie Subdivision Phase 2 Zone Map Amendment Page 2 of 4 WHEREAS, on July 1, 2008, the Bozeman Zoning Commission voted 3:0 to recommend that the zone map amendment be approved as recommended by the Community Development Department as provided for in the staff report; and WHEREAS, after proper notice, the City Commission held its public hearing August 4, 2008, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission reviewed and considered the twelve zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the twelve criteria; and WHEREAS, at its public hearing held on August 4, 2008, the City Commission found that the proposed zone map amendment would be in compliance with Bozeman’s adopted growth policy and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana: Section 1 That the zoning district designation of the following-described property is hereby designated as "R-4" (Residential High Density) and all boundaries between districts being drawn as directed in Section 38.07.040, BMC: That part of Lot 5, ANNIE SUBDIVISION, PHASE 2, and adjacent portions of North 27th Avenue and North 25th Avenue, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East, of P.M.M., City of Bozeman, Gallatin County, Montana, described as follows: Beginning at the northwest corner of said Lot 5, at a point which is also the C-N 1/16 corner of said Section 2; thence easterly 089°32'44", assumed azimuth from north, 322.54 feet along the north line of said Lot 5; thence southerly 181°28'43" azimuth, 477.33 feet along the center line of North 25th Avenue and also being the east line of said Lot 5; thence westerly 271°28'57" azimuth, 322.35 feet to the centerline of North 27th Avenue and also being the west line of said Lot 5; thence northerly 001°28'43" azimuth, 466.42 feet along said center line and said west line of Lot 5 to the point of beginning. Area = 152,110 square feet, 3.4920 acres or 14,131.5 square meters. See Exhibit A for a graphical depiction of the boundary. 63 Ordinance No. 1957, Lot 5 Annie Subdivision Phase 2 Zone Map Amendment Page 3 of 4 Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zoning Map Amendments.” Section 6 Effective Date. 64 Ordinance No. 1957, Lot 5 Annie Subdivision Phase 2 Zone Map Amendment Page 4 of 4 This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of July, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ______________________________________ ROBIN CROUGH City Clerk FINALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 8th day of August, 2016. The effective date of this ordinance is the 7th day of September, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ______________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 65 t 66