The URL can be used to link to this page

Home My WebLink About01-04-18 City Commission Packet Materials - C1. Ordinance 1984 Final, Locke Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 1984, Locke Zone Map Amendment, changing 2.174-acres from R-S, Residential Suburban to R-1, Residential Single-Household Low Density at 2111-2119 Sourdough Road, Application 17182. MEETING DATE: January 4, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission grant final adoption to Ordinance 1984, changing the zoning map on 2.174 acres from R-S, Residential Suburban to R-1, Residential Single-Household Low Density at 2111-2119 Sourdough Road. BACKGROUND: On October 23, 2017, the City Commission preliminarily approved Application 17182, the Locke Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared. Provisional adoption of Ordinance 1984 occurred on December 18, 2017. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Ordinance 1984 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 1984 Zone Map Amendment Exhibit Report compiled on December 12, 2017 Commission Memorandum 46 Page 1 of 5 ORDINANCE NO. 1984 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE 2.174- ACRES FROM R-S, RESIDENTIAL SUBURBAN DISTRICT TO R-1, RESIDENTIAL SINGLE-HOUSEHOLD LOW DENSITY DISTRICT AT 2111-2119 SOURDOUGH ROAD 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, 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 from R-S (Residential Suburban District) to R-1 (Residential Single-Household Low Density 47 Ordinance 1984, Locke Zone Map Amendment Page 2 of 5 District) for approximately 2.174-acres of the property has been properly submitted, reviewed, and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on October 3, 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 October 23, 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-1, Residential Single-Household Low Density District: Lot 4, Lot 5, Lot 6, Lot 7 and Lot 8, LEWIS SUBDIVISION, [Plat F-4], according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and that part of the adjacent right of way for Sourdough Road as dedicated on said LEWIS SUBDIVISION, located in the Southeast Quarter of Section 18, Township 6 South, Range 2 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as follows: 48 Ordinance 1984, Locke Zone Map Amendment Page 3 of 5 Beginning at the northwest corner of said Lot 4, thence easterly 075"41'34", assumed azimuth from north, 197. 18 feet along the north line of said Lot 4 and its easterly extension to the centerline of Sourdough Road; thence southeasterly 148°14'00" azimuth 388.81 feet along said centerline; thence southerly 160°34'00" azimuth 161.20 feet along said centerline to the easterly extension of the south line of said Lot 8; thence westerly 256°12'23" azimuth 190.00 feet along last said extension and along the south line of said Lot 8; thence northerly 340°34'00" azimuth 120.90 feet along the westerly lines of said Lot 8 and Lot 7; thence northwesterly 328°14'00" azimuth 379.10 feet along the westerly lines of said Lot 7, Lot 6, Lot 5 and Lot 4 to the point of beginning. 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 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. 49 Ordinance 1984, Locke Zone Map Amendment Page 4 of 5 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. 50 Ordinance 1984, Locke 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 18th day of December 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 4th day of January 2018. The effective date of this ordinance is February 4, 2018. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 51 52