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Home My WebLink About11-07-16 CC Mtg - C16. Ordinance 1667 Final Adoption, West Babcock ZMA Commission Memorandum REPORT TO: Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 1667 establishing zoning of R-2 at 2829 W. Babcock Street, Application Z-05182 MEETING DATE: November 7, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Complete final adoption of Ordinance 1667. BACKGROUND: The City Commission gave final approval to the annexation of 2829 W Babcock Street on May 22, 2006 under annexation application A-05009. The annexation resolution has been recorded and the property is within City limits. The corresponding initial zoning application was Z-05182. The City Commission gave preliminary approval for the zoning amendment on November 7, 2005. The item begins on page 12 of the minutes of November 7, 2005 which are available on-line. The City Commission provisionally adopted Ordinance 1667 applying initial zoning of R-2, Medium Density Two-Household Residential District also on May 22, 2006. A follow up final adoption action was never taken. Staff recently became aware of this oversight. This action is to complete the final adoption of Ordinance 1667 and correct the oversight. The property has been depicted on the official zoning maps of the City as R-2 since 2006. The property being zoned as R-2 is marked with a star on the following excerpts from the 2006 and current zoning maps. A copy of the provisional adoption with signature is attached for reference. 161 Excerpt from 2006 zoning map Current zoning map 162 ALTERNATIVES: As identified by the Commission FISCAL EFFECTS: None identified. Attachments: Ordinance 1667 provisional draft Ordinance 1667 final adoption draft with exhibit map Report compiled on: October 27, 2016 163 ORDINANCE NO. 1667 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF R-2 (RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 2.65 ACRES SITUATED IN THE WEST HALF ,WEST HALF, NORTHEAST QUARTER, SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to establish an initial zoning designation of"R- 2," (Residential Two-Household, Medium Density District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on October 18, 2005 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission voted 3 to 0 in favor of the proposed zoning designation, and therefore forwarded a recommendation ofapproval to the Bozeman City Commission; and WHEREAS, after proper notice, the City Commission held its public hearing on November 7, 2005, and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to establish an initial municipal zoning designation of R-2 (Residential Two-Household, Medium Density District), to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on November 7, 2005, the City Commission found that the proposed zone map amendment would be in compliance with the 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-2 (Residential Two-Household, Medium Density District): A tract of land in the West Half of the West Half of the Northeast Quarter of the Southwest Quarter, of Section 11, Township 2 South, Range 5 East, PMM, Gallatin County, Montana, described as follows: Commencing at the North 1/16 comer of the Southwest Quarter of said Section 11; thence southerly 89024'00" east, a distance of 110 feet to the tme point ofbeginning, thence southerly 890 24' 00" cast, a distance of 190.65 feet; thence southerly 000 39'40" west, a distance of 435.72 feet; thence southerly 89024'00" west, a distance of 301.70 feet; thence northerly 00" 47' 16" east, 164 a distance of 292.04; thence southerly 89024 '00" east, a distance of 110.00 feet; thence northerly 00047' 16" east, a distance of 150.00 feet to the tme point ofbeginning. Said tract ofland being 2.65 acres along with and subject to any existing easements. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PROVISIONALLY ADOPTED by the City Commission ofthe City of Bozeman, Montana, on first reading, at a regular session thereof held on the 22nd day of May, 2006. It.._..-v ATTEST: JEF Y USS, Mayor BRIT FONTENOT City Clerk 2 - 165 GLEN HAVEN PROPERTIES illI ZONE MAP AMENDEMENT I !Ii !00: 0:is 1,;IU' I.-iIIi'ICOUNTY I r i llIUOW SUBDMSK:H LEGAL DESCRIPTION v~-~~~y.,--- m;..CT Cl' LAND IN THE illEST 1/2 Cl' THE 1\EST 1/2 Cl' TIE NORTHEAST 1/4 Cl' THE SOOTHllEST 1/4 ("/2, WI/2, NOl/4, SW1/4) DKU. uurn, IIDIIl'MA Cl' SECTION 11, TOWNSHI' 2 SClJTH, RANGE 5 [AST, t.lONT AN;.. ImoopALWERlrnAH, GAllA. TIll COON,." Wc.<TANA. ClMENCING T THE NORTH 1/16 COONER Cl' TIE SClJTH\l[ST 1/4 OF SI\IO odl~~ SECTION 11, THENCE 589'24'00"(, ;, DISTANCE OF 110.00 FEET TO THE TRUE PClNT OF BEQI,IlING, THEIlCE SB9'24'00"E. A DISTANCE OF 190.65 FEn, ITHEIlCESOO'J9' +O"W, ;, ClSTANCE Cl' 435. n fEET, THEIlCE SB9'24'OO"W, A ClSTANCE Cl' JOI,70 FEn, THEIlCE NOO"4716"E, A ClSTANCE OF 292.04 FUT, THEIlCE SB9'24'OO"E, A DISTANCE OF 110.00 fEET, 11 THEIlCE NOO"47"16"E, A ClSTANCE OF 150.00 fEET l!,~ TO THE TRUE PC1NT Cl' BEGINNING, SAID PARCEl CONTAINING I2.65 AOIB INCUUfG A 32.5-rOOr PULUC STREEl RI{lHT -OF - WAY EJ E) I ~ ALONG TIE NORlHERNWOST UNE Gf' THE A8O'oE OESCR1BED TRACT. WI ...... II: - 1DNE """""""3 1ItKU_ j!l I I;; iw I BABCOCK WEAOQWS SU~~ CIV[II D R-3 lItuA/j II'Y. O;}. N f--l!- LJVICINITYMAP 166 Page 1 of 4 ORDINANCE NO. 1667 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF R-2 (RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 2.65 ACRES WHICH IS A TRACT OF LAND IN THE W ½ ,W ½ NE ¼, SW ¼ OF SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/16 CORNER OF THE SW ¼ OF SAID SECTION 11; THENCE SOUTHERLY 89°24’52”E, AZIMUTH 110.00 FEET; THENCE SOUTHERLY 89° 24’ 00” E, AZIMUTH 190.65 FEET; THENCE SOUTHERLY 00° 39’40”W, AZIMUTH 435.72 FEET; THENCE SOUTHERLY 89°24’00”W, AZIMUTH 301.70 FEET; THENCE NORTHERLY 00° 47’16”E, AZIMUTH 292.04; THENCE SOUTHERLY 89°24’00”E, AZIMUTH 110.00 FEET; THENCE NORTHERLY 00°47’16”E, AZIMUTH 150.OO FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the proposed zone map amendment to grant a zoning designation of R-2 (Residential Two-Household, Medium Density District) has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on October 18, 2005 to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission voted 3 to 0 in favor of the proposed 167 Ordinance 1667, 2829 West Babcock Street Zone Map Amendment Page 2 of 4 zoning designation, and therefore forwarded a recommendation of approval to the Bozeman City Commission; and WHEREAS, after proper notice, the City Commission held its public hearing on November 7, 2005, and WHEREAS, the City Commission has reviewed and considered the twelve zone change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map amendment to establish an initial municipal zoning designation of R-2 (Residential Two-Household, Medium Density District), with contingencies, to be in compliance with the twelve criteria; and WHEREAS, at its meeting held on November 7, 2005, the City Commission found that the proposed zone map amendment would be in compliance with the 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-2 (Residential Two-Household, Medium Density District): TRACT OF LAND IN THE W ½ ,W ½ NE ¼, SW ¼ OF SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA, DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/16 CORNER OF THE SW ¼ OF SAID SECTION 11; THENCE SOUTHERLY 89°24’52”E, AZIMUTH 110.00 FEET;THENCE SOUTHERLY 89° 24’ 00” E, AZIMUTH 190.65 FEET; THENCE SOUTHERLY 00° 39’40”W, AZIMUTH 435.72 FEET; THENCE SOUTHERLY 89°24’00”W, AZIMUTH 301.70 FEET; THENCE NORTHERLY 00° 47’16”E, AZIMUTH 292.04; THENCE SOUTHERLY 89°24’00”E, AZIMUTH 110.00 FEET; THENCE NORTHERLY 00°47’16”E, 168 Ordinance 1667, 2829 West Babcock Street Zone Map Amendment Page 3 of 4 AZIMUTH 150.OO FEET TO THE TRUE POINT OF BEGINNING. Said tract of land being 2.65 acres along with and subject to any existing easements. See Exhibit A, map. Section 2 The effective date is thirty days after final adoption of this ordinance on second reading. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 22nd day of May, 2006. ____________________________________ JEFF KRAUSS Mayor ATTEST: _____________________________________ ROBIN CROUGH City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, on second reading, at a regular session thereof held on the 7th day of November, 2016. The effective date of this ordinance is the 7th day of December, 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: _____________________________________ ROBIN CROUGH City Clerk 169 Ordinance 1667, 2829 West Babcock Street Zone Map Amendment Page 4 of 4 APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 170 R-MH R-2 R-1 R-3 R-3 R-2 DONNA AVEWILDA LN W BABCOCK ST VIRGINIAWAYSILVERMAPLEDRYORK ST MICHAEL GROVE AVE LILLIANWAYDROULLIARDAVEMAGDALENE WAYExhibit A - Ordinance 1667Glen Haven PropertiesZone Map Amendment Revised: October 27, 2016 This map was created by theCity of BozemanDepartment of Planningand Community Development ¯ 1 inch = 250 feet Intended for Planning purposes onlysome layers may not line up properly. TRACT OF LAND IN THE W ½ ,W ½ NE ¼, SW ¼ OF SECTION 11, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA,DESCRIBED AS FOLLOWS: COMMENCING AT THE N 1/16 CORNER OF THE SW ¼ OF SAID SECTION 11; THENCE SOUTHERLY 89°24’52”E, AZIMUTH 110.00 FEET;THENCE SOUTHERLY 89° 24’ 00” E, AZIMUTH 190.65 FEET; THENCE SOUTHERLY 00° 39’40”W, AZIMUTH 435.72 FEET; THENCE SOUTHERLY 89°24’00”W, AZIMUTH 301.70 FEET; THENCE NORTHERLY 00° 47’16”E, AZIMUTH 292.04; THENCE SOUTHERLY 89°24’00”E, AZIMUTH 110.00 FEET;THENCE NORTHERLY 00°47’16”E, AZIMUTH 150.OO FEET TO THE TRUE POINT OF BEGINNING. Said tract of land being 2.65 acres Subject Property 171