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HomeMy WebLinkAbout06-04-18 City Commission Packet Materials - C25. Ordinance 2003, Provisional, Smith Subdivision Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Melissa Pope, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2003, the Lot 3, Tract 7 Smith Zone Map Amendment to designate 0.52 acres as R-1, residential single-household low density, Application 17556. MEETING DATE: June 4, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2003, establishing R-1, residential single-household low density district for 0.52-acres, located at 525 Valley Drive, described Smith Subdivision, S11, T02 S, R05 E, Lot 3, Rearrangement of Tract 7, application 17556. BACKGROUND: On April 16, 2018, the City Commission preliminarily approved Application 17556, the Lot 3, Tract 7 Smith Annexation and Zone Map Amendment. The companion zone map amendment was approved for an initial establishment of R-1, low-density residential district. The petitioner returned the signed Annexation Agreement on May 14, 2018. Resolution 4903 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 2003 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 No. 2003 Zone Map Amendment Exhibit Report compiled on May 14, 2018 Commission Memorandum 432 Page 1 of 4 ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 0.52 ACRES TO R-1, RESIDENTIAL LOW 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-1 (Residential Low Density District) for approximately 0.52 acres of the property has been properly submitted, reviewed, and advertised; and 433 Ordinance 2003, Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 2 of 4 WHEREAS, the Bozeman Zoning Commission held a public hearing on March 20, 2018, 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 16, 2018, 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 Low Density District: The property is located at 525 Valley Drive. The property is further described as: A tract of land being Lot 3, Rearrangement of Tract 7 of the Smith Subdivision, situated in the S11, T02 S, R05 E, Gallatin County, Montana, P.M.M. containing 0.5 acres. 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 434 Ordinance 2003, Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 3 of 4 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 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. 435 Ordinance 2003, Lot 3, Tract 7 Smith Annexation and Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th day of June, 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 18th day of June, 2018. The effective date of this ordinance is July 18, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 436 437