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HomeMy WebLinkAbout08-13-18 City Commission Packet Materials - C13. Ord. 2008, Provisional, Bridger Meadows Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2008, the Bridger Meadows Zone Map Amendment to designate approximately 12.0 acres as R-1, Residential Low Density 18078 MEETING DATE: August 13, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisional adoption of Ordinance 2008 to establish the R-1 Residential Low Density district on 12.0 acres, to the west of Boylan Rd. and north of Commercial Drive and the Bridger Center Subdivision. The property consists of one parcel of land. BACKGROUND: The applicant submitted application 18078 to annex into the City and to apply a zoning classification of R-1, Residential Low Density, to the subject property. City staff and the Zoning Commission recommended approval of the application. On June 4, 2018, the City Commission held a public hearing and unanimously voted to apply an R-1 zoning designation to the subject property, subject to contingencies. During discussion, City Commissioners cited the compatibility of the R-1 classification with surrounding land uses and transportation facilities. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 2008 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 2008 Zone Map Amendment Exhibit Report compiled on August 13, 2018 Commission Memorandum 197 Page 1 of 5 ORDINANCE NO. 2008 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 12.0 ACRES AS R-1, RESIDENTIAL SINGLE-HOUSEHOLD LOW DENSITY. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; 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 application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-1 (Residential Single-Household Low Density) for approximately 12.0 acres has been properly submitted, reviewed, and advertised; and 198 Ordinance 2008, Bridger Meadows Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on May 15, 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 application No. 18078, the Bridger Meadows Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 4, 2018, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., 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: A description of land being Certificate of Survey 885, located in the southeast quarter of Section 31, Township 1 South Range 6 East. PMM., being 12.0 acres. Section 2 Repealer. 199 Ordinance 2008, Bridger Meadows Zone Map Amendment Page 3 of 5 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 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.” 200 Ordinance 2008, Bridger Meadows Zone Map Amendment Page 4 of 5 Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 201 Ordinance 2008, Bridger Meadows 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 13th day of August, 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 10th day of September, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 202 ESESEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWESESESESESESESESESESESESESEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWE W E W E W EWEWEWEWESESESESESES ES ES ESEWEWEWEWEWEWEWEWEWEWEWEWEWEW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EW EWEWEWEWEWEWEWEWEWEWEWEWEWEWEWEWES ES ES ES ES ESESES EWEWEWEWEWEW EW EWESESESESESESESES BOYLAN ROADEWEXISTINGPONDCOMMERCIAL DRIVEBRIDGER CENTERSUBDIVISION(SID #674)FLOODPLAINLIMITSAS(COUNTY )PROPOSED R1 (C ITY )SOUTH BOUNDARYOF PROPOSEDANNEXATIONBIRDIE DRIVE R-3 (C ITY )R-S (C ITY ) N 02°03'19"W 1350.20 WETLANDLIMITSPL1(C ITY )C.O.S. 885AS(COUNTY )M1(C ITY ) BRIDGER CENTER DRIVE EXISTING 60' ACCESSAND UTILITY EASEMENTEXISTING 42' STREET ANDUTILITY EASEMENT42.00'42.00'34 . 0 0 '52.00'6 0 . 0 0 '47.00'60.00'60.00'60.00' 2 0 . 0 0 ' 787.95 562.25 N 87°55'08"E 398.67S 35°57'40"E 949.11S 87°55'08"W 2622.27928.111694.16M1(C ITY )PRIVATE DRIVEPRIVATE DRIVEFIGURE NUMBER©PROJECT NO.DRAWN BY:DSGN. BY:APPR. BY:DATE:COPYRIGHT MORRISON-MAIERLE, INC.,2018N:\5311\001\ACAD\Outside\to COB\8-1-18\18 078 Bridger Meadows ANNX.dwg Plotted by mike g. hickman on Aug/1/2018engineers surveyors planners scientistsMorrisonMaierle2880 Technology Blvd WestBozeman, MT 59718406.587.0721www.m-m.net5311.0011BRIDGER MEADOWSBOZEMANMONTANAANNEXATION MAPDSMGHMGH8/1/2018SCALE IN0808016040FEETCITY LIMITSLEGENDPROPERTY LINER-3 (C ITY )CURRENT ZONINGEXISTING SEWERESEXISTING WATEREWEWEWPROPOSED SEWERSSPROPOSED WATERWW203