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Home My WebLink About01-07-19 City Commission Packet Materials - CII1. Ord 1985 Final, Bridger Vale Zone Map Amendment1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final Adoption of Ordinance 1985, the Bridger Vale Zone Map Amendment to designate 1.8289 as PLI, Public Lands and Institutions, and 4.6607 acres as REMU, Residential Emphasis Mixed Use, Application 17230. MEETING DATE: January 7, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1985, the Bridger Vale Zone Map Amendment to designate 1.8289 as PLI, Public Lands and Institutions, and 4.6607 acres as REMU, Residential Emphasis Mixed Use along Manley Roade and north of the East Gallatin Recreation Area. The property consists of one parcel of land. BACKGROUND: The applicant submitted application 17230 to annex into the City and to apply a zoning classification of PLI, Public Lands and Institutions, and REMU, Residential Emphasis Mixed Use to the subject property. City staff and the Zoning Commission recommended approval of the application. On February 5, 2018 the City Commission approved the zone map amendment by a vote of 4-1. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. The ordinance was provisionally adopted on December 17, 2018. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 1985 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 1985 Zone Map Amendment Exhibit Report compiled on December 28, 2018 Commission Memorandum 145 Page 1 of 6 ORDINANCE NO. 1985 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 6.4896 ACRES AS REMU, RESIDENTIAL EMPHASIS MIXED USE, AND PLI, PUBLIC LANDS AND INSTITUTIONS, KNOWN AS THE BRIDGER VALE ZONE MAP AMENDMENT. 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, Division 38.260 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 REMU (Residential Emphasis Mixed 146 Ordinance 1985, Bridger Vale Zone Map Amendment Page 2 of 6 Use), and PLI (Public Lands and Institutions) for 6.4896 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 3, 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 application No. 17230, the Bridger Vale Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held public hearings on October 23, 2018 and February 5, 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 PLI, Public Lands and Institutions: Those parts of Remaining Tract GLR-1 of Certificate of Survey No. 157 as shown on Certificate of Survey No. 1221, located in the Southwest Quarter of Section 31, Township 1 South, Range 6 East of P.M.M., Gallatin County, Montana, described as follows: Commencing at the West Quarter Corner of Section 31, Township 1 South, Range 6 East of P.M.M.; thence easterly 088°30'20", assumed azimuth from north, 265.59 feet along the north line of Tract GLR-1 to the Point of Beginning; thence easterly 147 Ordinance 1985, Bridger Vale Zone Map Amendment Page 3 of 6 088°30'20" azimuth 444.13 feet along said north line; thence southerly 177°23'26" azimuth 306.00 feet along the east line of said Tract GLR-1; thence northwesterly 324°42'36" azimuth 32.00 feet; thence northerly 343°23'00" azimuth 26.66 feet; thence northwesterly 404.59 feet on a tangential curve concave to the southwest, radius 330.00 feet and central angle 70°14'47"; thence westerly 273°08'03" azimuth 133.83 feet to the Point of Beginning. and Commencing at the West Quarter Corner of Section 31, Township 1 South, Range 6 East of P.M.M.; thence southerly 177°41'37", assumed azimuth from north, 299.39 feet along the west line of said Tract GLR-1 and also being the west line of said Southwest Quarter; thence easterly 087°46'48"azimuth 45.00 feet along the south line of said Tract GLR-1 to the Point of Beginning; thence northerly 357°41'37" azimuth 94.69 feet; thence easterly 088°30'20" azimuth 153.42 feet; thence southeasterly 467.42 feet on a tangential curve concave to the southwest, radius 354.66 feet and central angle 75°30'46"; thence southerly 163°56'33" azimuth 23.06 feet, tangent to said curve; thence westerly 267°46'48" azimuth 143.96 feet along the south line of said Tract GLR- 1; thence northerly 357°44'23" azimuth 199.65 feet along the boundary of said Tract GLR-1; thence westerly 267°46'48" azimuth 354.87 feet along the south line of said Tract GLR-1 to the Point of Beginning. TOTAL AREA OF PLI ZONING Area = 79,667 square feet, 1.8289 acres or 7,401.3 square meters. Section 3 That the zoning district designation of the following-described property is hereby designated as REMU, Residential Emphasis Mixed Use: That part of Remaining Tract GLR-1 of Certificate of Survey No. 157 as shown on Certificate of Survey No. 1221, located in the Southwest Quarter of Section 31, Township 1 South, Range 6 East of P.M.M., Gallatin County, Montana, described as follows: Beginning at the West Quarter Corner of Section 31, Township 1 South, Range 6 East of P.M.M.; thence easterly 088°30'20", assumed azimuth from north, 265.59 feet along the north line of Tract GLR-1 and also being the north line of said Southwest Quarter; thence easterly 093°08'03" azimuth 133.83 feet; thence southeasterly 404.59 feet on a tangential curve concave to the southwest, radius 330.00 feet and central angle 70°14'47"; thence southerly 163°23'00" azimuth 26.66 feet; thence southeasterly 144°42'36" azimuth 251.64 feet along the east line of said Tract GLR-1 and its northeasterly extension; thence westerly 267°46'48" azimuth 287.17 feet along the south line of said Tract GLR-1; thence northerly 343°56'33" azimuth 23.06 feet; thence 148 Ordinance 1985, Bridger Vale Zone Map Amendment Page 4 of 6 northwesterly 467.42 feet on a tangential curve concave to the southwest, radius 354.66 feet and central angle 75°30'46"; thence westerly 268°30'20" azimuth 153.42 feet tangent to said curve; thence southerly 177°41'37" azimuth 94.69 feet; thence westerly 267°46'48" azimuth 45.00 feet along the south line of said Tract GLR-1; thence northerly 357°41'37" azimuth 299.39 feet along the west line of said Tract GLR-1 and also being the west line of said Southwest Quarter to the Point of Beginning. TOTAL AREA OF REMU ZONING Area = 203,020 square feet, 4.6607 acres or 16,861.2 square meters. Section 4 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 5 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 6 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. 149 Ordinance 1985, Bridger Vale Zone Map Amendment Page 5 of 6 Section 7 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 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 150 Ordinance 1985, Bridger Vale Zone Map Amendment Page 6 of 6 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 December, 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 7th of January, 2019. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 151 Δ Δ 152