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Home My WebLink About01-29-18 City Commission Packet Materials - C10. Ordinance 1996 Provisional, Lot 5A Annie Subdivision ZMA1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1996, Lot 5A, Annie Subdivision Phase 2 Zone Map Amendment, changing 4.2419-acres from R-3, Residential Medium Density to R-5, Residential Mixed Use High Density at property generally located northeast of the intersection of North 27th Avenue and West Oak Street, Application 17300. MEETING DATE: January 29, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1996, changing the zoning map on 4.2419-acres from R-3, Residential Medium Density to R-5, Residential Mixed Use High Density at property generally located northeast of the intersection of North 27th Avenue and West Oak Street. BACKGROUND: On December 18, 2017, the City Commission preliminarily approved Application 17300, the Lot 5A, Annie Subdivision Phase 2 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 1996 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 1996 Zone Map Amendment Exhibit Report compiled on January 17, 2018 Commission Memorandum 110 Page 1 of 5 ORDINANCE NO. 1996 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO CHANGE 4.2419-ACRES FROM R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT TO R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT FOR A TRACT OF LAND GENERALLY LOCATED NORTHEAST OF THE INTERSECTION OF NORTH 27TH AVENUE AND WEST OAK STREET 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 111 Ordinance 1996, Lot 5A, Annie Subdivision Phase 2 Zone Map Amendment Page 2 of 5 WHEREAS, the proposed zone map amendment to amend the City of Bozeman Zone Map from R-3 (Residential Medium Density District) to R-5 (Residential Mixed Use High Density District) for approximately 4.2419-acres of the property has been properly submitted, reviewed, and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on December 5, 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 December 18, 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 5A, Amended Plat of Lot 5, Annie Subdivision Phase 2, [Plat J-204-A], 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 Oak Street and N. 27th Ave as dedicated on said ANNIE SUBDIVISION PHASE 2, located in the Northeast Quarter of Section 2, Township 2 South, Range 5 East of P.M.M., City of Bozeman, Gallatin County, Montana, all described as follows: 112 Ordinance 1996, Lot 5A, Annie Subdivision Phase 2 Zone Map Amendment Page 3 of 5 Beginning at the northwest corner of said Lot 5A, thence easterly 001°28’43”, assumed azimuth from north, 533.00 feet along the west line of said Lot 5A; thence southerly 162°45’35” chord azimuth, 370-foot radius, 145.00 feet along said Lot 5A; thence southeasterly 148°25’22” chord azimuth, 250-foot radius, 90.22 feet along said Lot 5A; thence southerly 343°41’47” chord azimuth, 370-foot radius, 204.39 feet along last said Lot 5A; thence westerly 269°22’10” azimuth 412.37 feet 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. 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 113 Ordinance 1996, Lot 5A, Annie Subdivision Phase 2 Zone Map Amendment Page 4 of 5 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. 114 Ordinance 1996, Lot 5A, Annie Subdivision Phase 2 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 29th 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 12th day of February 2018. The effective date of this ordinance is March 14, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 115 116