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Home My WebLink About01-08-18 City Commission Packet Materials - C14. Ordinance 1989 Provisional, Flanders Mill Phase 7 Zone Map Amendment1 REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1989, Flanders Mill Phase 7 Zone Map Amendment, changing 3.794-acres from R-3, Residential Medium Density to R-4, Residential High Density District and 0.07-acres from R-4, Residential High Density District to R-3, Residential Medium Density at property generally located southeast of the intersection of East Baxter Lane and Flanders Mill Road, Application 17271. MEETING DATE: January 8, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1989, changing the zoning map on 3.794-acres from R-3, Residential Medium Density to R-4, Residential High Density District and on 0.07-acres from R-4, Residential High Density District to R-3, Residential Medium Density at property generally located southeast of the intersection of East Baxter Lane and Flanders Mill Road. BACKGROUND: On November 20, 2017, the City Commission preliminarily approved Application 17271, the Flanders Mill Phase 7 Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1989 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 1989 Zone Map Amendment Exhibit Report compiled on December 15, 2017 Commission Memorandum 212 Page 1 of 6 ORDINANCE NO. 1989 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE 3.794- ACRES FROM R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT TO R-4, RESIDENTIAL HIGH DENSITY DISTRICT AND 0.07 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT FOR A TRACT OF LAND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF EAST BAXTER LANE AND FLANDERS MILL 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 213 Ordinance 1989, Flanders Mill Phase 7 Zone Map Amendment Page 2 of 6 WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) for approximately 3.794-acres and from R-4 (Residential High Density District) to R-3 (Residential Medium Density District) for approximately 0.07-acres of the property has been properly submitted, reviewed, and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on November 7, 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 November 20, 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-4, Residential High Density District: A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No. 2834, and the adjacent County Road Right of Way for Flanders Mill Road, described as follows: 214 Ordinance 1989, Flanders Mill Phase 7 Zone Map Amendment Page 3 of 6 Beginning at the North Quarter Corner of said Section 3; thence southerly 180°58'23", assumed azimuth from north, 2,641.51 feet along the east line of the Northwest Quarter of said Section 3 to the Center Quarter Corner of said Section 3; thence westerly 269°53'09" azimuth 722.46 feet along the east-west quarter section line of said Section 3 to a point hereinafter referred to as Point A; thence northerly 000°55'49" azimuth 408.00 feet along the east line of Tract A, Certificate of Survey No. 2886 to a point hereinafter referred to as Point B; thence northerly 000°55'49" azimuth 27.07 feet; thence easterly 089°53'09" azimuth 129.06 feet to a point on a curve with the center of circle lying westerly 267°19'01" azimuth 381.00 feet from said point; thence northerly 65.24 feet on said curve, radius 381.00 feet and central angle 9°48'42"; thence northerly 347°30'19" azimuth 352.60 feet tangent to said curve; thence northerly 126.65 feet on a tangential curve concave to the east, radius 381.00 feet and central angle 19°02'45"; thence northerly 006°33'04" azimuth 196.60 feet to a point on a curve with the center of circle lying northerly 006°46'01" azimuth 220.00 feet from said point; thence westerly and northwesterly 138.29 feet along said curve, radius 220.00 and central angle of 36°00'59" to a point on a curve with the center of said curve lying northerly 042°47'00" azimuth 160.00 feet from said point; thence northwesterly and northerly 134.42 feet along said curve, radius 160.00 feet and central angle of 48°08'11"; thence westerly 270°55'49" azimuth 500.44 feet; thence northerly 000°55'49" azimuth 1,283.20 feet along the west right of way line of Flanders Mill Road and its northerly extension; thence easterly 089°36'58" azimuth 1,354.57 feet along the north line of the Northwest Quarter of said Section 3 to the point of beginning. Area = 2,691,069 square feet, 61.7784 acres or 250,008.5 square meters. SUBJECT to all easements of record or apparent from a visual inspection of the property. That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium Density District: A Tract of Land in the West Half of Section 3, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and being that part of Tract 1, Certificate of Survey No. 2834, and the adjacent County Road Right of Way for Flanders Mill Road, described as follows: Beginning at the previously described Point B; 215 Ordinance 1989, Flanders Mill Phase 7 Zone Map Amendment Page 4 of 6 thence westerly 269°53'09" azimuth 630.00 feet along the north line of Tract A, Certificate of Survey No. 2886 and its westerly extension; thence northerly 000°55'49" azimuth 943.89 feet along the west right of way line of Flanders Mill Road; thence easterly 090°55'49" azimuth 500.44 feet to a point on a curve, with the center of circle lying easterly 090°55'11" azimuth 160.00 feet from said point; thence southerly and southeasterly 134.42 feet along said curve, radius 160.00 feet and central angle of 48°08'11" to a point on a curve, with the center of circle lying northeasterly 042°47'00" azimuth 220.00 feet from said point; thence southeasterly and easterly 138.29 feet along said curve, radius 220.00 feet and central angle of 36°00'59; thence southerly 186°33'04" azimuth 196.60 feet; thence southerly 126.65 feet on a tangential curve concave to the east, radius 381.00 feet and central angle 19°02'45"; thence southerly 167°30'19" azimuth 352.60 feet tangent to said curve; thence southerly 65.24 feet on a tangential curve concave to the west, radius 381.00 feet and central angle 9°48'42"; thence westerly 269°53'09" azimuth 129.06 feet; thence southerly 180°55'49" azimuth 27.07 feet to the point of beginning (Point B). Area = 622,123 square feet, 14.2820 acres or 57,797.1 square meters. 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 216 Ordinance 1989, Flanders Mill Phase 7 Zone Map Amendment Page 5 of 6 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. 217 Ordinance 1989, Flanders Mill Phase 7 Zone Map Amendment Page 6 of 6 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 8th day of January, 2018. ____________________________________ CYNTHIA L. ANDRUS 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 22nd day of January, 2018. The effective date of this ordinance is February 22, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 218 Δ= Δ= Δ= Δ= 219