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Home My WebLink About07-16-18 City Commission Packet Materials - C17. Ord. 1991 Provisional, J&D Sub ZMA1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 1991, the 2017 J&D Zone Map Amendment to amend the zoning map to designate 15.47 acres as R-O, Residential-Office District from R-4 Residential High Density District, Application 17439. MEETING DATE: July 16, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 1991, designating 15.47 acres as R-O, Residential-Office District from R-4 Residential High Density District, described as Lot R-2 J&D Family Subdivision Phase 2 and Common Open Space B of the J&D Family Subdivision Phase 1, application 17439. BACKGROUND: On December 18, 2017, the City Commission preliminarily approved Application 17439, the 2017 J&D zone map amendment. All required contingencies of approval have been satisfied. An ordinance must be adopted to finalize the approval. The necessary map has been provided. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 1991 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 1991 Zone Map Amendment Exhibit Report compiled on July 6, 2018 Commission Memorandum 253 Page 1 of 5 ORDINANCE NO. 1991 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO AMEND 15.47 ACRES FROM R-4, RESIDENTIAL HIGH DENSITY DISTRICT TO R-O, RESIDENTIAL-OFFICE 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 amend the zoning classification from R-4 (Residential High Density District) to R-O (Residential-Office) for approximately 15.47 acres of the property has been properly submitted, reviewed, and advertised; and 254 Ordinance 1991, 2017 J&D Zone Map Amendment Page 2 of 5 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-O, Residential-Office District, Lot R-2 J&D Family Subdivision Phase 2 and Common Open Space B of the J&D Family Subdivision Phase 1 and further described as: Beginning at the center East 1/16 CORNER of the NE 1/4 OF SE 1/4 of Section 9; THENCE S89°39'23"E a distance of 762.07 FEET; THENCE S1°50'19"W a distance of 483.16 FEET; THENCE N89°39'23"W a distance of 375.64 FEET; THENCE S8°15'55"W a distance of 385.54 FEET; THENCE S7°00'20"E a distance of 174.58 FEET; THENCE S0°31'58"W a distance of 90.89 FEET; 255 Ordinance 1991, 2017 J&D Zone Map Amendment Page 3 of 5 THENCE S27°26'08"W a distance of 160.79 FEET; THENCE S0°25'50"W a distance of 60.00 FEET to the south right-of-way line of Fallon Street; THEN along said south right-of-line N89°34'10"W a distance of 311.24 FEET to the southeast corner of Norton East Ranch Subdivision Phase 1; THENCE along the east boundary of said subdivision N2°08'35"E a distance of 1332.32 FEET to the point of beginning. Said boundary contains 15.47 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 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 256 Ordinance 1991, 2017 J&D Zone Map Amendment Page 4 of 5 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 16th day of July 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 257 Ordinance 1991, 2017 J&D Zone Map Amendment Page 5 of 5 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 6th day of August 6 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 258 ZONE MAP AMENDMENT BOUNDARY= 15.47 ACRES (674,049 S.F.)EXISTINGR-4LOT R 1 , NO RTON E A S TRAN CH SU BD I V I S IONPH. 3 A EXISTINGRMHEXISTINGR-4EXISTINGR-OEXISTINGBPPROPOSEDR-OEXISTINGB-2EXISTINGB-2LOT 1 ,BLOC K 3 , NOR TON EA S T RANCH SUB . PH . 1UNPLA TT ED UNP LA TT ED LOT 2 , B LO CK 2 , NO R TON E A S T R AN CH SU B . PH . 1 LOT 1 , B LO CK 2 , NOR TON EA ST R AN CHSUB . PH . 1 LOT 1 , B LO CK 1 , NO RTON E AS T RAN CH SUB . PH . 1 LO T 2 , B LO C K 2 , J&D FAM I L Y MA JO R SUB . PH . 1 LO T 2 , B LOC K 1 , J&D F AM I L Y MA JOR SU B . PH . 1OPEN SP A C E A PH . 1 EXISTINGB-2LO T 1 , B LOC K 2 , J&D FAM I L Y MA JOR SUB .PH. 1VAL L E Y WE S T SU BD I V I S ION ( BRONK EN PAR K ) LO T 2 , B L K . 3 ,VAL L EY W E S T SUBD IV I S ION TR A C T 3 , B LK . 3 ,VAL L E Y WE S T SU B D IV I S IONEXISTINGRMH EXISTINGB-1TRA CT 3A ( J - 23 0 -A )VAL L EY WE S T SU BD I V I S ION LO T 1 AMINOR SUB . 3 40 B LO T 1 BMINOR SUB . 3 40B EXISTINGB-1EXISTINGB-1LOT R-214.02 ACRES(610,848 S.F.)EXISTINGB-1LO T 1 J&D FAM I LY SUBD IV I S ION PH . 2EXISTINGB-1WEST BABCOCK STREETCOTTONWOOD ROADFALLON STREETCOMMONOPEN SPACE B0.81 ACRES (35,263 S.F.)ZONING BOUNDARY @ C/LPROPOSEDR-OP.O.B.F:\CIVIL 3D PROJECTS\16014\ACAD\EXHIBITS\J&D ZMA.dwg Plotted on Jun/14/2018 ZONE MAP AMENDMENT J & D FAMILY SUBDIVISION SHEET No.PROJECT NO.DRAWN BY: CHK'D. BY: APPR. BY: DATE: JCH TWM TWM 06/2018102.151MONTANABOZEMAN2017 J & D ZONE MAP AMENDMENTLOT R-2 OF J&D FAMILY SUBDIVISION - PHASE 2 &COMMON OPEN SPACE B OF J&D MAJOR FAMILY SUBDIVISION PHASE 1WITHIN THE NE1/4 , SE1/4 OF SECTION 9, T2S, R5E, P.M.,GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA ( IN FEET )0200BOUNDARY DESCRIPTIONBEGINNING AT THE CENTER EAST 1/16 CORNER OF THE NE 1/4 OF SE 1/4 OF SECTION 9;THENCE S89°39'23"E A DISTANCE OF 762.07 FEET;THENCE S1°50'19"W A DISTANCE OF 483.16 FEET;THENCE N89°39'23"W A DISTANCE OF 375.64 FEET;THENCE S8°15'55"W A DISTANCE OF 385.54 FEET;THENCE S7°00'20"E A DISTANCE OF 174.58 FEET;THENCE S0°31'58"W A DISTANCE OF 90.89 FEET;THENCE S27°26'08"W A DISTANCE OF 160.79 FEET;THENCE S0°25'50"W A DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF FALLON STREET;THEN ALONG SAID SOUTH RIGHT-OF-LINE N89°34'10"W A DISTANCE OF 311.24 FEET TO THE SOUTHEAST CORNER OF NORTON EAST RANCHSUBDIVISION PHASE 1;THENCE ALONG THE EAST BOUNDARY OF SAID SUBDIVISION N2°08'35"E A DISTANCE OF 1332.32 FEET TO THE POINT OF BEGINNING.SAID BOUNDARY CONTAINS 15.47 ACRES.259