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HomeMy WebLinkAbout01-28-19 City Commission Packet Materials - C7. Res 5001 Final, Cottonwood and Oak Growth Policy Amendment1 REPORT TO: Mayor and City Commission FROM: Danielle Garber, Assistant Planner Martin Matsen, Director of Community Development SUBJECT: Adoption of Resolution 5001 Completion of the 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment amending the future land use map from Residential and Present Rural to Community Commercial Mixed Use and Residential Emphasis Mixed Use, Application 18450 MEETING DATE: January 28, 2019 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 5001, a final resolution to amend the designation of approximately 160 acres on Figure 3-1 of the Bozeman Community Plan from Residential and Present Rural to Community Commercial Mixed Use and Residential Emphasis Mixed Use. BACKGROUND: The City Commission adopted Resolution No. 4978, a Resolution of Intent to amend Figure 3-1, as requested by the applicant on November 19, 2018. The City Commission conducted a public hearing on December 17, 2018 for Application 18450 and approved the NW Corner of Cottonwood and Oak Growth Policy Amendment application. The approval was subject to two contingencies, both of which have been met. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adopt Resolution 5001, approving the NW Corner of Cottonwood and Oak Growth Policy Amendment as presented. 2) Determine that the prior decision to amend the growth policy was in error and do not adopt this resolution. FISCAL EFFECTS: None Attachments: Resolution 5001 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment Exhibit Report compiled on January 17, 2019 Commission Memorandum 65 Page 1 of 4 RESOLUTION NO. 5001 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO ADOPT AN AMENDMENT TO FIGURE 3-1 OF THE BOZEMAN COMMUNITY PLAN 2018 NW CORNER OF COTTONWOOD AND OAK GROWTH POLICY AMENDMENT AMENDING THE FUTURE LANE USE MAP FROM RESIDENTIAL AND PRESENT RURAL TO COMMUNITY COMMERCIAL MIXED USE AND RESIDENTIAL EMPHASIS MIXED USE, APPLICATION 18450. WHEREAS, the City of Bozeman has had a comprehensive plan (growth policy) since 1958, and WHEREAS, the City of Bozeman adopted its growth policy, known as the Bozeman Community Plan, through Resolution 4163 on June 1, 2009; and WHEREAS, an application has been received to amend Figure 3-1, the future land use map of the growth policy; and WHEREAS, the Bozeman Community Plan, Section 17.4, establishes criteria for amending the document; and WHEREAS, on November 19, 2018, the Bozeman City Commission adopted Resolution No. 4978, a Resolution of Intent to modify Figure 3-1 of the Bozeman Community Plan as requested by the applicant; and 66 Resolution 5001, 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment Page 2 of 4 WHEREAS, in accordance with 76-1-602, MCA, on December 4, 2018 the Bozeman Planning Board conducted a public hearing to receive and review all written and oral testimony on the growth policy amendment application; and WHEREAS, following the public hearing, the Planning Board recommended amendment of the growth policy as requested by the applicant; and WHEREAS, on December 17, 2018 the City Commission conducted a public hearing prior to taking any action to adopt or revise a growth policy; and WHEREAS, following the public hearing, the City Commission unanimously passed a motion to approve modification of Figure 3-1 as requested by the applicant. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that: Section 1 In accordance with the requirements of Section 76-1-604 MCA, application No. 18450, the 2018 NW Corner of Cottonwood and Oak application for amendment and revision to the Bozeman Community Plan Figure 3-1, is hereby approved. The amendment changes the designation from Residential and Present Rural to Community Commercial Mixed Use and Residential Emphasis Mixed Use on approximately 160 acres located at the northwest corner of the intersection of North Cottonwood Road and West Oak Street. The property consists of one parcel of land described as: A description of land being the NE ¼ of Section 4 also known as Tract 5 of Certificate of Survey No. 2552; located in the NE ¼ of Section 4, Township 2 South, Range 5 East, Principal Meridian, Gallatin County, Montana, more particularly described as follows: Beginning at the Northeast Corner of Section 4 as described in Certified Corner Record Book 1, Page 498 doc. # 22437, also being the Southeast Corner of Tract 1 of Certificate 67 Resolution 5001, 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment Page 3 of 4 of Survey No. 2553, the Point of Beginning; thence S.2°16’25”W. along the line between Section 4 and Section 3 a distance of 2627.49 feet to the East ¼ Corner of Section 4 as described in Certified Corner Record Book 2, Page 251 doc. # 153209; thence N.89°13’13”W. along the mid-section line of Section 4 a distance of 2649.87 feet to the Center ¼ Corner of Section 4 as described in Certified Corner Record Book 2, Page 1427 doc. # 336115, also being the Southeast Corner of Tract 4 of Certificate of Survey No. 2552; thence N.1°42’36”E. along said Tract 4 of Certificate of Survey No. 2552 a distance of 2625.17 feet to the North ¼ Corner of Section 4 as described in Certified Corner Record Book 3, Page 922 doc. # 2294184 also being the Southwest Corner of Tract 1 of Certificate of Survey No. 2553; thence S.89°15’30”E along the line between Section 4 and Section 33 a distance of 2675.75 feet to the Point of Beginning. The area of the above described parcel of land is 160.507 acres, more or less. Section 2 A public hearing was advertised and conducted on December 17, 2018 for the purpose of receiving public testimony on application 18450, the 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment to Figure 3-1 of the Bozeman Community Plan. No members of public provided comment. 68 Resolution 5001, 2018 NW Corner of Cottonwood and Oak Growth Policy Amendment Page 4 of 4 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of January, 2019. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: __________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 69 COTTONWOOD ROAD (120' - ROW) LAUREL PARKWAY (90' - ROW) BAXTER LANE (100' - ROW) WEST OAK STREET (127' - ROW) S2°16'25"W 2627.49' N89°13'13"W 2649.87' N1°42'36"E 2625.17' S89°15'30"E 2675.75' 11.47 ACRE 15.03 ACRE N87°43'35"W 750.00' S2°16'25"W 666.53' N89°15'01"W 497.36' S0°46'47"W 639.70' 1230.92' 1287.15' COPYRIGHT © MORRISON-MAIERLE, INC.,2018 PLOTTED DATE: Dec/20/2018 PLOTTED BY: matt e. ekstrom DRAWING NAME: N:\5659\003_Anderson\ACAD\Concept\5659.003-Anderson 160- GPMA Map121818.dwg 1/4 SEC. SECTION TOWNSHIP RANGE PROJ. #: SHEET OF PRINCIPAL MERIDIAN, MONTANA DATE: COUNTY, MONTANA SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists Morrison Maierle 2880 Technology Blvd West Bozeman, MT 59718 Phone: 406.587.0721 Fax: 406.922.6702 KLEIN 1 1 GALLATIN 5659.003 1"=200' 12/2018 MEE CHN JW & CN 5E 2S NE 4 TRACT 5 COS 2552 160.507 ACRES 200 TRACT 5 OF CERTIFICATE OF SURVEY NO. 2552 LOCATED 1 NE 4 OF SECTION 4, T2S, R5E, PPM, GALLATIN COUNTY , MT DECEMBER, 2018 LEGAL DESCRIPTION PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL GPMA AREA SUMMARY COMMUNITY COMMERCIAL: REMU : TOTAL GPMA AREA: 29.513 acres (1,285,583.20) Sq. Ft. 130.994 acres (5,706,122.21) Sq. Ft. LEGEND 160.507 acres (6,985,282) Sq. Ft. FOUND PUBLIC LAND SURVEY SYSTEM SECTION MARKED, "STATE OF MT, DEPT. OF HIGHWAYS, 5606S 1989". EDGE OF ASPHALT // EDGE OF GRAVEL BOTTOM EDGE OF DITCH CENTERLINE OF ROAD OVERHEAD POWER LINE BURIED TELEPHONE LINE BURIED NATURAL GAS LINE SIGN SEPTIC SYSTEM MANHOLE LIGHT POLE GUY ANCHOR POWER POLE WATER WELL ELECTRICAL METER WIRE FENCE BURIED PETROLEUM PIPELINE RO ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL FLANDERS CREEK SUBDIVISION TRADITIONS SUBDIVISION PHASE 3 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R3 ZONING LAUREL GLEN SUBDIVISION PHASE 2 CREEKSTONE CONDO BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R2 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING MINOR SUBDIVISION 201A BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL R4 ZONING LAUREL GLEN SUBDIVISION PHASE 2 BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: PRESENT RURAL BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIDENTIAL PLI ZONING BOZEMAN COMMUNITY PLAN FUTURE LAND USE: RESIENTIAL EXISTING STRUCTURES AREA WITHIN THE 50' WETLAND SETBACK 50' WETLAND SETBACK DELINEATED WETLAND BOUNDARY 50' WETLAND SETBACK DELINEATED WETLAND BOUNDARY TRACT 4 COS 2672A PARCEL 1 COS 2553 TRACT 4 COS 2552 TRACT 4 COS 2552 PARCEL 5 COS 2202 RESIDENTIAL EMPHASIS MIXED USE: 130.944 AC. COMMUNITY COMMERCIAL MIXED USE: 29.513 AC. 2018 NW CORNER OF COTTONWOOD AND OAK GROWTH POLICY MAP AMENDMENT 200 SCALE ON 24X36 70