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Home My WebLink About09-17-18 City Commission Packet Materials - A3. Ordinance 2009 Provisional, Tschache Lane ZMA1 REPORT TO: Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Provisional adoption of Ordinance 2009, the Tschache Lane Zone Map Amendment changing zoning on 3.403 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District). The property is generally located at 2420 Tschache Lane approximately 1,500 feet west of 19th Avenue on the south side of Tschache Lane and is legally described as Lot 9 of Stoneridge Square Subdivision located in the East One-Half (E ½) of Section 2, Township Two South (T2S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana.. Application Z-14321. MEETING DATE: September 17, 2018 AGENDA ITEM TYPE: Action RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2009, rezone approximately 3.403 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District). RECCOMENDED MOTION: I hereby provisionally adopt Ordinance No. 2009 to rezone approximately 3.403 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District). BACKGROUND: An application to rezone the aforementioned property was properly submitted on October 8, 2014. Staff prepared a report and scheduled public hearings before the Zoning Commission and City Commission. The Zoning Commission unanimously recommended approval of the application as it was submitted after conducting their public hearing on December 2, 2014. There was no public comment received at the public hearing. The minutes of the Zoning Commission meeting are attached. The City Commission held a public hearing on January 5, 2015 and moved to approve the zone map amendment subject to three standard contingencies necessary to complete the process of the proposed amendment. Subsequently the applicant proposed numerous development plans following the existing R-3 zoning classifications and for various reasons chose not to develop the property with these configurations. Commission Memorandum 115 2 The applicant has provided the required map and boundary description to enable preparation of the implementing ordinance on July 19, 2018. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 2009 as presented and recommended. 2) Determine that the prior decision to zone was in error and do not adopt the ordinance. FISCAL EFFECTS: None identified Attachments: Ordinance 2009, Exhibit A, Zone Map Amendment Exhibit, Zoning Commission Minutes Report compiled on September 5, 2018 116 Page 1 of 5 ORDINANCE NO. 2009 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 3.403 ACRES FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4 (RESIDENTIAL HIGH 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 rezone approximately 3.403 acres from R-3 Residential Medium Density District to R-4 Residential High Density District has been properly submitted, reviewed, and advertised; and 117 Ordinance 2009, Tschache Lane Zone Map Amendment Page 2 of 5 WHEREAS, the Bozeman Zoning Commission held a public hearing on December 2, 2014, to receive and review all written and oral testimony on the request for a zone map amendment; and WHEREAS, the Bozeman Zoning Commission voted 5:0 to recommended the Bozeman City Commission to approve the zone map amendment be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on January 12, 2015, 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: LOT 9 OF THE STONERIDGE SQUARE SUBDIVISION, PLAT J-446 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF BEGINNING BEING THE SOUTH CORNER OF LOT 9; THENCE NORTHERLY 385.40' ALONG A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 680.00', A CHORD OF N29﮿16'33"W, AND A DISTANCE OF 369.09'; THENCE N00﮿15'34"W A DISTANCE OF 99.84'; THENCE N89﮿44'36"E A DISTANCE 488.00'; THENCE S14﮿18'35"W A DISTANCE OF 251.89'; THENCE S53﮿41'16"W A DISTANCE OF 303.79; TO THE TRUE POINT OF BEGINNING. 118 Ordinance 2009, Tschache Lane Zone Map Amendment Page 3 of 5 CONTAINING 3.403 ACRES MORE OR LESS, AND SUBJECT TO ALL EASEMENTS OF RECORD. PROPERTY BOUNDS LOT 9, STONERIDGE SQUARE SUBDIVISION, PLAT J-446, ACCORDING TO THE PLAT THEREOF, ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER, GALLATIN COUNTY, MONTANA, LOCATED IN THE EAST ½ OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST OF P.M.M., AND THAT ENTIRE PORTION OF TSCHACHE LANE RIGHT OF WAY ADJACENT TO LOT 9. 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 119 Ordinance 2009, Tschache Lane 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.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 120 Ordinance 2009, Tschache Lane Zone Map Amendment Page 5 of 5 PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 17th day of September, 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 1st day of October, 2018. The effective date of this ordinance is October 31, 2018. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 121 122 1 MINUTES CITY OF BOZEMAN ZONING COMMISSION, CITY COMMISSION ROOM, CITY HALL 121 NORTH ROUSE AVENUE TUESDAY, DECEMBER 02, 2014 6:00 P.M. To see the minutes that is linked to the video click on the link below: http://www.avcaptureall.com/Sessions.aspx#session.1b202997-3586-4bb8-8619-1c8ad1f80404 ITEM 1. 12:58:51 PM CALL TO ORDER AND ATTENDANCE Chairman Garberg called the meeting to order at 6:01 PM Council Member - Erik Garberg: Present Board Member - Julien Morice: Present Board Member - George Thompson: Present Board Member - Dan Stevenson: Present Board Member - Laura Dornberger: Present ITEM 2. 12:59:14 PM PUBLIC COMMENT (Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. There is a three-minute time limit per speaker.) No public comment. ITEM 3. 12:59:31 PM MINUTES OF NOVEMBER 18, 2014 OPENED AND CONTINUED No minutes to vote on Minutes of November 18, 2014 will be opened and continued for next session. ITEM 4. 01:00:03 PM PROJECT REVIEW 1. Tschache Lane Zone Map Amendment Application Z14321 (Rogers) A Zone Map Amendment Application requested by the property owner Black Dirt, LLC, 1871 S. 22nd Avenue, Suite A, Bozeman, MT 59715; represented by Van Bryan Studio Architects, 21 West Babcock, Bozeman, MT 59715. This application proposes to rezone approximately 3.07- acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District) as allowed by Article 38.37 of the Bozeman Municipal Code. The property is legally described as a Lot 9 of Stoneridge Square Subdivision located in the East One-Half (E ½) of Section 2, Township Two South (T2S), Range Five East (R5E), P.M.M., City of Bozeman, Gallatin County, Montana. The property is generally located at 2420 Tschache Lane approximately 1,500 feet west of 19th Avenue on the Lane south side of Tschache Lane. 01:00:10 PM Staff Presentation Mr. Tom Rogers gave staff presentation for the Tschache Lane Zone Map Amendment Application Z14321. 123 2 01:06:11 PM Questions for staff Member Stevenson asked question of present land use and future land use designations. Mr. Rogers spoke on zoning specification of Growth Policy indications. Member Thompson asked question if the open space is for perpetuity. Mr Rogers spoke on concerns of Mr. Thompson. 01:10:41 PM President Garberg closed question for staff 01:10:43 PM Application Presentation and questions for Applicant Van Bryon with Studio Architects, 21 West Babcock, Bozeman, MT 59715 addressed Mr. Stevenson and Mr. Thompson’s question on the designation of open space. Mr. Bryon stated that Mr. Rogers gave an effective presentation of project and asked if there were questions of the Applicant. Mr. Thompson had comments on the wetlands. Mr. Bryon stated that there is a 75 foot setback from wetlands which does not require special mitigation and that is what they designed around the intent of the plan and part of the reason going to R-4 vs. R-3 they will have a similar density for the net area of the lot size if we were not impacted by the wetlands. Mr. Stevenson stated that the plans states a 50 foot wetland setback is that correct or is it the 75 that you spoke of. Mr. Bryon clarified that it was what the engineers stated I may have miss spoke on that. 01:14:22 PM President Garberg opened public comment period. 01:14:41 PM President Garberg closed public comment and brought it back up to board for Motion and vote. Mr. Morice made the motion, “Having reviewed and considered the application materials, public comment, and all the information presented, I hereby adopt the findings presented in the staff report for application Z14321 and move to recommend approval of the zone map amendment with contingencies”. Dornberger Seconded the motion. Mr. Garberg asked Mr. Morice to speak on his motion. Mr. Morice stated at first didn’t like this as there are vacant parcel of R-4 close to this parcel until he looked at the open space and park around and the lack of the density and secondly the wetlands with the 50 foot setback your buildable footprint would be limited. Mr. Thompson concurred with Mr. Morice’s comments concern so much of R-4 out there and so many people don’t like to live around that density. Ms. Dornberger stated that the area leads to good location to this density and am for it. Mr. Garberg opened for vote Board Member - Julien Morice: Motion Board Member - Laura Dornberger: 2nd Council Member - Erik Garberg: Approve 124 3 Board Member - Julien Morice: Approve Board Member - George Thompson: Approve Board Member - Dan Stevenson: Approve Board Member - Laura Dornberger: Approve Motion carried unanimously. ITEM 5 01:18:42 PM NEW BUSINESS No new business ITEM 6. 01:18:47 PM ADJOURNMENT This meeting is open to all members of the public. If you have a disability that requires assistance, please contact ADA Coordinator, James Goehrung, at 582-3200 (voice) or 582-2301/582-2432 (TDD). 125