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Home My WebLink About02-06-17 CC Mtg - C7. Ordinance 1960 Provisional, Kable Subdivision Annexation ZMA1 REPORT TO: Mayor and City Commission FROM: Mitch WerBell, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1960, Kable Subdivision Annexation Zone Map Amendment MEETING DATE: February 6, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1960 establishing R-3, residential medium density district for 1.5245 acres, located at 2406 Durston Road and 505, 515 and 525 North 25th Avenue. BACKGROUND: On August 22, 2016 the City Commission preliminarily approved Application 16252, the Kable Subdivision Annexation. The companion zone map amendment was also approved for R-3, residential medium density district. This is the same zoning designation as much of the surrounding municipal residential area. The annexation agreement was returned. Resolution 4717 authorizes the City Manager’s signature on the Annexation Agreement on behalf of the City. Therefore, it is necessary to finalize the zoning as well. All required contingencies of approval have been satisfied. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1960 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None Attachments: Ordinance 1960 Zone Map Amendment Exhibit Report compiled on January 10, 2017 Commission Memorandum 118 Page 1 of 5 ORDINANCE NO. 1960 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.5245 ACRES TO R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT AT 2406 DURSTON ROAD AND 505, 515 and 525 NORTH 25th AVENUE INCLUDING ADJACENT PUBLIC RIGHT OF WAY. 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, M.C.A. 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 38, Article 37 of the Bozeman Unified Development 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 establish an initial zoning classification of R-4 (Residential High Density District) for 119 Ordinance 1960, Kable Subdivision Annexation Zone Map Amendment Page 2 of 5 approximately 1.5245 acres of the property has been properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on July 19, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on August 22, 2016, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, Mont. Code Ann., and found that the proposed zone map amendment would be in compliance with the criteria. 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-3, Residential Medium Density District: Lots 5, 6, 7 and 8, Block 2, Kable Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northeast Quarter of Section 11, Township 2 South, Range 5 East of P.M.M., and that part of adjacent North 25th Avenue, all described as follows: 120 Ordinance 1960, Kable Subdivision Annexation Zone Map Amendment Page 3 of 5 Beginning at the northwest corner of Lot 8, Block 2, said Kable Subdivision; thence easterly 089°19'40", assumed azimuth from north, 196.07 feet along the north line of said Lot 8 and its easterly extension to the northeast corner of said Kable Subdivision; thence southerly 180°57'43" azimuth 337.19 feet along the east right of way line of North 25th Avenue; thence westerly 269°21'00" azimuth 195.92 feet along south line of said Lot 5 and its easterly extension to the southwest corner of said Lot 5; thence northerly 000°56'14" azimuth 337.11 feet along the west line of said Lots 5 through 8 inclusive to the Point of Beginning. Area of Lots 5, 6, 7 and 8 = 46,176 square feet, 1.0601 acres or 4,289.9 square meters. Subject to existing easements. Area of adjacent North 25th Avenue = 20,231 square feet, 0.4644 acres or 1879.5 square meters. Subject to existing easements. Total area = 66,407 square feet, 1.5245 acres or 6,169.4 square meters. Subject to existing easements. 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 121 Ordinance 1960, Kable Subdivision Annexation Zone Map Amendment Page 4 of 5 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 “Zone Map Amendments.” Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 122 Ordinance 1960, Kable Subdivision Annexation Zone Map Amendment Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 6th day of February, 2017. ____________________________________ CARSON TAYLOR 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 27th day of February 2017. The effective date of this ordinance is March 31, 2017. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 123 COUNTY ZONING DISTRICT 1 - R ZONING EXISTING ZONING: R3 (CITY) EXISTING ZONING: R3 (CITY) AREA OF ANNEXATION R3 ZONING t 124