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Home My WebLink About10-02-17 City Commission Packet Materials - C6. Ordinance 1973 Provisional, Cresent Cross ZMA1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1973, The 2017 Cresent Cross Annexation Zone Map Amendment to designate 30.129 acres as R-5, Residential Mixed-Use High Density, Application 17032. MEETING DATE: October 2, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1973, establishing R-5, residential mixed-use high density district for 30.129-acres, located generally south east of Huffine Lane and South Cottonwood Road, described Lot 1A and a portion of Road Lot 2, Minor Subdivision 454C, application 17032. BACKGROUND: On April 10, 2017, the City Commission preliminarily approved Application 17032, the 2017 Cresent Cross Annexation. The companion zone map amendment was also approved for an initial establishment of R-5, residential mixed-use high density district. The petitioner returned the signed Annexation Agreement on September 14, 2017. Resolution 4797 authorizes the Interim 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 1973 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 1973 Zone Map Amendment Exhibit Report compiled on September 19, 2017 Commission Memorandum 72 Page 1 of 5 ORDINANCE NO. 1973 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 30.129-ACRES INCLUDING ADJACENT PUBLIC RIGHT OF WAY TO R- 5, RESIDENTIAL MIXED-USE HIGH DENSITY DISTRICT. 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, M.C.A. 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, M.C.A..; 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-5 (Residential Mixed-Use High Density District) for approximately 30.129-acres of the property has been properly submitted, reviewed, and advertised; and 73 Ordinance 1973, 2017 Cresent Cross Annexation Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on March 21, 2017, 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 April 10, 2017, 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-5, Residential Mixed-Use High Density District: Lot 3A-1, Minor Subdivision 454C, and a portion of Road Lot 2, Minor Subdivision 454, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the West One-Half of Section 15, Township 2 South, Range 5 East, Gallatin County, Montana, all described as follows: A tract of land being located in the Northwest One-Quarter of Section 15, Township 2 South, Range 5 East, Principal Meridian Montana (P.M.M), Gallatin County, Montana being more particularly described as follows: Beginning at a point on the west boundary of said Section 15, from which the northwest corner of said Section 15 bears N 00°05'02" W a distance of 936.95' 74 Ordinance 1973, 2017 Cresent Cross Annexation Zone Map Amendment Page 3 of 5 thence N 89°54'58" E a distance of 548.17' to an Alpine aluminum cap; thence N 00°04'49" W a distance of 99.27' to a calculated point; thence S 89°50'20" E a distance of 369.32' to a Gaston yellow plastic cap; thence S 00°05'06" E a distance of 801.54' to an Alpine aluminum cap; thence N 89°53'58" E a distance of 412.49' to a Gaston yellow plastic cap; thence S 00°02'57" W a distance of 93.92' to an Alpine aluminum cap; thence S 69°04'42" W a distance of 324.10' to an Alpine aluminum cap; thence 207.12' along a curve concave to the southeast, having a radius of 330.00' and a central angle of 35°57’42” to an Alpine aluminum cap; thence S 35°14'09" W a distance of 272.88' to an Alpine aluminum cap; thence 58.05' along a curve concave to the northwest, having a radius of 50.00' and a central angle of 66°31’20” to an Alpine aluminum cap; thence N 78°14'31" W a distance of 64.68' to an Alpine aluminum cap; thence 139.24' along a curve concave to the southeast, having a radius of 175.00' and a central angle of 45°35’18” to an Alpine aluminum cap; thence S 56°10'10" W a distance of 293.52' to an Alpine aluminum cap; thence 111.42' along a curve concave to the northwest, having a radius of 175.00' and a central angle of 36°28’42” to an Alpine aluminum cap; thence N 87°21'08" W a distance of 50.99' to an Alpine aluminum cap; thence S 89°54'58" W a distance of 60.00’ to a calculated point on the west line of said Section 15; thence N 00°05'02" W a distance of 1482.79' to the point of beginning, containing 30.129 acres, more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. 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 75 Ordinance 1973, 2017 Cresent Cross 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.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 76 Ordinance 1973, 2017 Cresent Cross 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 2nd day of October 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 16th day of October 2017. The effective date of this ordinance is November 15, 2017. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 77 78