The URL can be used to link to this page

Home My WebLink About10-01-18 City Commission Packet Materials - C8. Ord. 2009 Final, Tschache Lane Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Tom Rogers, Senior Planner Martin Matsen, Director of Community Development SUBJECT: Final 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: October 1, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission grant final adoption to Ordinance 2009, rezone approximately 3.403 acres from R-3 (Residential Medium Density District) to R-4 (Residential High Density District). BACKGROUND: On September 17, 2018 the City Commission preliminarily approved Application Z-14321, the Tschache Lane Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared. Provisional adoption of Ordinance 2009 was acted upon on September 17, 2018. The public hearing on the application was held on January 5, 2015. A copy of the approved meeting minutes are attached for the record. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) 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 Attachments: Ordinance 2009 Exhibit: Zone Map Amendment Exhibit, January 5, 2015 meeting minutes Report compiled on September 18, 2018 Commission Memorandum 113 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), KNOWN AS THE TSCHACHE LANE ZONE MAP AMENDMENT, Z-14321. 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 114 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 recommend 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. 115 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 116 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. 117 Ordinance 2009, Tschache Lane 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 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 118 119 120 121 122 123 124 125 126 127 128 129