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Home My WebLink About12-03-18 City Commission Packet Materials - C10. Ord 2016 Provisional, Maple Terrace ZMA1 REPORT TO: Mayor and City Commission FROM: Addi Jadin, Associate Planner Martin Matsen, Director of Community Development SUBJECT: Provisional Adoption of Ordinance 2016, The Maple Terrace Zone Map Amendment to rezone 0.81 acres from R-1 Residential Low Density to R-O Residential Office, Application 18217. MEETING DATE: December 3, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission provisionally adopt Ordinance 2016, to rezone 2 lots and the adjoining part of West Durston Street totaling approximately 0.81 acres from R-1 Residential Low Density to R-O Residential Office, as described in application 18217. The property is generally located along West Durston Street east of North 19th Avenue. BACKGROUND: On Monday, August 20, 2018, the City Commission preliminarily approved Application 18217, the Maple Terrace Zone Map Amendment. All required contingencies of approval have been satisfied and the required ordinance has been prepared. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Provisionally adopt Ordinance 2016 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 2016 Zone Map Amendment Exhibit Report compiled on November 19, 2018 Commission Memorandum 124 Page 1 of 5 ORDINANCE NO. 2016 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO REZONE 2 LOTS AND THE ADJOINING PART OF WEST DURSTON STREET TOTALING APPROXIMATELY 0.81 ACRES FROM R-1 RESIDENTIAL LOW DENSITY TO R-O RESIDENTIAL OFFICE. 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, Division 260, Part 2 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 2 lots totaling approximately 0.81 acres from R-1 Residential Low Density to R-O Residential Office has been properly submitted, reviewed, and advertised; and 125 Ordinance 1990, West Babcock Zone Map Amendment Page 2 of 5 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on July 17, 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 August 20, 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., all public comments, and all other relevant facts and materials 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: A TRACT OF LAND BEING LOT 25 & LOT 26 OF BLOCK A, MAPLE TERRACE SUBDIVISION AND A PORTION OF THE ADJOINING DURSTON ROAD RIGHT-OF-WAY, LOCATED IN THE SW1/4 , SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, AND BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 25; THENCE N89°55'45"E ALONG THE SOUTH LINE OF LOTS 6 AND 7 OF SAID SUBDIVISION A DISTANCE OF 200.00 FEET MORE OR LESS TO THE 126 Ordinance 1990, West Babcock Zone Map Amendment Page 3 of 5 WEST LINE OF LOT 1A OF SAID SUBDIVISION; THENCE S00°00'00"E ALONG THE WEST LINE OF SAID LOT 1A A DISTANCE OF 181.30 FEET MORE OR LESS TO THE CENTERLINE OF DURSTON ROAD; THENCE ALONG SAID CENTERLINE N86°58'47"W A DISTANCE OF 200.28 FEET MORE OR LESS; THENCE N00°00'00"W ALONG THE EAST LINE OF LOT 24 OF SAID SUBDIVISION A DISTANCE OF 170.70 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.81 ACRES, MORE OR LESS, AND IS SUBJECT TO ANY EXISTING EASEMENTS, WHETHER OF RECORD OR APPARENT ON THE GROUND. The described tract is as shown on the accompanying exhibit. 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. 127 Ordinance 1990, West Babcock Zone Map Amendment Page 4 of 5 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. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 3rd day of December, 2018. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ ROBIN CROUGH City Clerk 128 Ordinance 1990, West Babcock 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 17th day of December, 2018. The effective date of this ordinance is Wednesday, January 16, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 129 .33 ACRES .34 ACRES PROPOSED R-O PROPOSED R-O DURSTON RD. R/W R/W R-1 R-1 R-1R-O R-O R-2 R-2 LOT 22 LOT 7 LOT 6 LOT 1A C/L 14871 SF LOT 26 14340 SF LOT 25 10' UTILITY EASEMENT 10' - 0" 87° 52' 32" 100.00' N E 87° 52' 32" 100.00' N E 89° 02' 00" 100.14' N W 89° 02' 00" 100.14' N W2° 03' 13"176.00'NW2° 03' 13"170.70'NW2° 03' 13"181.30'SEScale Project number Date Drawn by Checked by 1" = 30'-0"5/6/18 8:45:40 PMFIG. 1 MAPLE TERRACE SUBDIVISION 0001 ZONE MAP AMENDMENT MARCH 2018 CT CT No. Description Date 130