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Home My WebLink About07-06-20 City Commission Packet Materials - C14. Ord 2054 Final Adoption Bozeman Cohousing ZMA App 194681 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2054, the Bozeman Cohousing Zone Map Amendment to designate 5.3 acres as R-3, Residential Medium Density, at 3120 Wagon Wheel Road, Application 19468 MEETING DATE: July 6, 2020 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance the Bozeman Cohousing Zone Map Amendment to designate 5.3 acres as R-3, Residential Medium Density, at 3120 Wagon Wheel Road, Application 19468. The property consists of two parcels of land. BACKGROUND: The applicant submitted application 19468 to annex into the City and to apply a zoning classification of R-3, Residential Medium Density, to the subject property. City staff and the Zoning Commission recommended approval of the application. On February 3, 2020, the City Commission held a public hearing and unanimously voted to apply an R-3 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. Provisional adoption of Ordinance 2054 was approved on June 15, 2020. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Adoption of Ordinance 2054 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 2054 Zone Map Amendment Exhibit Report compiled on June 29, 2020 Commission Memorandum 221 Page 1 of 4 ORDINANCE NO. 2054 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 5.3 ACRES AS R-3, RESIDENTIAL MEDIUM DENSITY, BOZEMAN COHOUSING ZONE MAP AMENDMENT, APPLICATION 19468. 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-3 (Residential Medium Density) for approximately 5.3 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on January 21, 2020 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. 19468 the Bozeman Cohousing Zone Map Amendment, be approved as requested by the applicant; and 222 Ordinance 2054, Bozeman Cohousing Zone Map Amendment Page 2 of 4 WHEREAS, after proper notice, the City Commission held its public hearing on February 3, 2020, 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-3, Residential Medium Density: Parcel I Tract B of Certificate of Survey No. 526, a tract of land located in the SW1/4 of Section 19, Township 2 South, Range 6 East, P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the county Clerk and Recorder of Gallatin County, Montana. Parcel II All that part of the Southwest Quarter of Section 19, Township 2 South, Range 6 East P.M.M., Gallatin County, Montana, more particularly described as follows, to-wit: Beginning at the Northwest corner of the Southwest Quarter of said Section 19: thence East 30 feet: thence South 316.25 feet to the place of beginning; thence East parallel with the North line of the said Southwest Quarter of said Section 19, 729 feet: thence South 258.75 feet: thence West parallel with the North line of said Southwest Quarter of Section 19, 729 feet: thence North 258.75 feet to the place of beginning, as recorded in Film 65 of Deeds, Page 1961. Area = 5.3 acres. Section 2 Repealer. 223 Ordinance 2054, Bozeman Cohousing Zone Map Amendment Page 3 of 4 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 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 224 Ordinance 2054, Bozeman Cohousing Zone Map Amendment Page 4 of 4 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 15th day of June, 2020. ____________________________________ CHRIS MEHL Mayor ATTEST: ____________________________________ MIKE MAAS 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 City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 225 : W1/4 COR SEC 19FND MONUMENT BOXBOZEMAN COHOUSING ZONE MAP AMENDMENTBEING TRACT B OF CERTIFICATE OF SURVEY No. 526 AND THE TRACT DESCRIBED ON WARRANTY DEED Fm65, Pgl961, DOCUMENT #90490LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 19,TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MEMDLM< MONTANA,i, GALLATIN COUNTy, MONTANA22^^'^00°pg18^6,S87-59'42"E497.0-3'y\s?\sLOTFND YPC(UNDER FENCE)§.\s.FND YPC(SURVCO)FND REBAR^^JOTr"u5-^-K)•t-POINT OF (NtBEGINNINGS87-59-42"E231.97'^^R-3TRACTSCOS 5260.98 acres5005gFND YPC(UNDER FENCE)FND REBAR(BENT)IN87-59'42"W496.80'^.^§SUB"'Q(K?§?2u^I-''5'riR-30; s'$"t-uWARRANTY DEEDFm65, Pgl961Doc #904904.32 acres(0-0ro<5cd^ ;T>inw5CM3sCM60' WIDERIGHT-OF-WAY9FNDFND REBARREBARFND YPCN88-01'21 "W728.65',^G,O^ON^FND YPC IN PIPE(UNDER FENCE)LornR6DAG£^ONL°L^E^^OO^ONft•\•»•-» "J.\-4!/I"l!w^ -""t'".'-/••ii11:;»?^lfr;ll^1\•^^^.•~;u w^rrh'Tr"L> •%I"ou~:(»_;.Jt — ?,-'/'•• •"• / ,.-T<»•°"-, \/'^1/4|S^viciNiryBLEGENDPROPERPT UNELOT UNESECTION UNEADJOINING PROPERPT UNEFOUND MONUMENT AS NOTEDFOUND ONE-QUARTER CORNER AS NOTEDYELLOW PLASTIC CAPLEGAL DESCRIPTIONTract B of Certificate of Survey No. 526 and the Tract described on Warranty Deed Fm65, Pg1961, Document jj!90490,located in the Southwest One-Quarter of Section 19, Township 2 South, Range 6 East, Principal Meridian Montana, City ofBozeman, Gallatin County, Montana and being more particularly described as follows;Beginning at a point which bears South 04*01 48 East a distance of 317.00 feet from the West One-Quarter Corner ofsaid Section 19, said point being on the easterly Right-of-Way of Wagon Wheel Road;thence South 87'59'42" East along the south line of Tract A of Certificate of Survey No. 526, a distance of 231.97 feet;thence North 01'23'01" East along the east line of Tract A of Certificate of Survey No. 526, a distance of 85.44 feet;thence South 87-59'42" East along the north line of said Tract B, a distance of 437.03 feet;thence South 01'32'OS" West along the west lines of Lot 2 of Block 2 of Spring Meadow Subdivision and Open Space A ofWest Meadow Subdivision, a distance of 343.73 feet;thence North B8'01'21" West along the north line of Woodrldge Addition, a distance of 728.65 to a point on the easterlyRlght-of-Way of Wagon Wheel Road;thence 01-30'32" East along the easterly Right-of-Way of Wagon Wheel Road, a distance of 258.64 feet to the point ofbeginning.Said tract of land being 5.30 acres.BASIS OP BEARING, COORDINATESBEARINGS SHOWN ARE MONTANA STATE PLANE GRID.DISTANCES ARE GROUND DISTANCES IN INTERNATIONAL FEET.MONTANA COORDINATE SYSTEM NAD 83HORIZONTAL DATUM: BOZEMAN CONTINUOUSLY OPERATNGREFERENCE STATIONDE-SICNATON^547 MTSU BOZEMAN CORS ARPMONTANA STATE PLANE NADNORTH LATTUDE 45-39'40.37689'WEST LONGIWDE 1ir02'42.00898"UNITS: INTERNATIONAL FEETConvergence angle: -01'07'49"!II1111ISCALE: 1 INCH - 30 FEET:owcoveiw^SSKSS.^SiSSSS^,CMIEiiglnuftnaGwtwhnlcsl EngliwwingL*nd Sunwylnyw*r I SHEETloplVl™»V-NB.*t226