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Home My WebLink About01-27-20 City Commission Packet Materials - C4. Ord. 2038, Provisional for App. 193351 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional adoption of Ordinance 2038, the Nahorniak Zone Map Amendment to designate approximately 1.1942 acres as R-4, Residential High Density, at 5170 Durston Road, Application 19335. MEETING DATE: January 27, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Provisional adoption of Ordinance 2038 to establish the R-4 Residential High Density district on 1.1942 acres at 5170 Durston Road. The property consists of one parcel of land. BACKGROUND: The applicant submitted application 19335 to annex into the City and to apply a zoning classification of R-4, Residential High Density, to the subject property. City staff and the Zoning Commission recommended approval of the application. On October 21, 2019, the City Commission held a public hearing and unanimously voted to apply an R-4 zoning designation to the subject property, subject to contingencies. All contingencies have been met by the applicant, including an approved annexation agreement, map, and legal description. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 2038 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 2038 Zone Map Amendment Exhibit Report compiled on January 9, 2020 Commission Memorandum 38 Page 1 of 4 ORDINANCE NO. 2038 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 1.1942 ACRES AS R-4, RESIDENTIAL HIGH DENSITY, NAHORNIAK ZONE MAP AMENDMENT, APPLICATION 19335. 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, 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 application to amend the City of Bozeman Zoning Map to establish a zoning classification of R-4 (Residential High Density) for approximately 1.1942 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on October 1, 2019 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. 19335 the Nahorniak Zone Map Amendment, be approved as requested by the applicant; and 39 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 2 of 4 WHEREAS, after proper notice, the City Commission held its public hearing on October 21, 2019, 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 R-4, Residential High Density: That part of Tract 6 and Tract 7, Smith Subdivision, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana as described in Document Number 2602650, records of said office of the Clerk and Recorder, and that part of adjacent right of way for Durston Road as described on Document Number 2226667 on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, located in the Northwest Quarter of Section 11, Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, and further described as follows: Beginning at the southwest corner of said property described in Document Number 2602650; thence northerly 001°53'33", assumed azimuth from north, 199.69 feet along the west line of said Tract 6; thence westerly 270°55'41" azimuth 10.00 feet; thence northerly 001°57'28" azimuth 163.86 feet along the west line of said property described in Document Number 2602650 and its northerly extension to the centerline of the right of way of Durston Road; thence easterly 090°56'46" azimuth 149.29 feet along said centerline; thence southerly 181°53'50" azimuth 290.00 feet along the east line of said property described in Document Number 2602650 and its northerly extension; thence along the boundary of said property described in Document Number 2602650 on the following courses: westerly 270°55'41" azimuth 4.00 feet; southerly 181°42'33" azimuth 73.50 feet; westerly 270°55'41" azimuth 135.45 feet to the Point of Beginning. Area = 52,018 square feet, 1.1942 acres. 40 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 3 of 4 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 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 41 Ordinance 2037, 2504 W. Mendenhall Street Zone Map Amendment Page 4 of 4 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 27th day of January, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS Interim 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 __________ day of____________________, 2020. _________________________________ CHRIS MEHL Mayor ATTEST: _________________________________ MIKE MAAS Interim City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 42 43