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HomeMy WebLinkAbout21- Ordinance 2083 2021 Northeast Corner Davis Lane & Westlake Road Zone Map Amendment, Application 21186Ord 2083 Page 1 of 5 ORDINANCE 2083 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 17.197 ACRES AS R-5, RESIDENTIAL MIXED USE HIGH DENSITY DISTRICT, 2021 NE CORNER DAVIS LANE AND WESTLAKE ROAD ANNEXATION ZONE MAP AMENDMENT, APPLICATION 21186. 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, after proper notice, the Bozeman Zoning Commission held a public hearing on August 16, 2021 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. 21186 the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment, be approved as requested by the applicant; and DocuSign Envelope ID: 181D8E35-6E5D-4601-B779-7FA3B36FF19E Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 2 of 5 WHEREAS, after proper notice, the City Commission held its public hearing on September 14, 2021, 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 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested R-5 district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, DocuSign Envelope ID: 181D8E35-6E5D-4601-B779-7FA3B36FF19E Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 3 of 5 Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of Application No. 21186 the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment have been satisfied. Section 2 That the zoning district designation of the following-described property is hereby established as R-5, Residential Mixed Use High Density District: The property is described as: A parcel of land being all that part of the S 1/2 NW 1/4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 1/4 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less. All as depicted on the 2021 NE Corner Davis Land & Westlake Road Annexation Zone Map Amendment Zone Map Amendment Map. DocuSign Envelope ID: 181D8E35-6E5D-4601-B779-7FA3B36FF19E Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 4 of 5 Section 3 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 4 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 5 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 6 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 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. DocuSign Envelope ID: 181D8E35-6E5D-4601-B779-7FA3B36FF19E Ordinance No. 2083, 2021 NE Corner Davis Lane and Westlake Road Annexation Zone Map Amendments Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 14th day of September 2021. ____________________________________ CYNTHIA L. ANDRUS 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 28th of September, 2021. The effective date of this ordinance is October 27, 2021. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney DocuSign Envelope ID: 181D8E35-6E5D-4601-B779-7FA3B36FF19E N36°28'27"E 139.88'S 5 2 ° 5 4 ' 1 9 " E 1 9 8 . 9 7 ' S 5 3 ° 3 2 ' 5 5 " E 9 0 0 . 2 3 ' S 5 0 ° 4 5 ' 2 9 " E 3 6 7 . 0 6 'S3 8 ° 5 2 ' 0 9 "E 6 1 . 8 7 '30'30' 50'N0°36'43"E 163.98'S33°52'39"E 114.05' N89°23'17"W 20.00'N0°36'43"E 685.14'30' 50'30'S0°36'43"W 30.00' S89°41'25"W 30.00' S89°41'26"W 1362.55' N33°52'39"E 91.15'E27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE27SE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE12WE27 S E27S E27S E27SE27SE16W E16 W E16W E16W E16 W E1 6 W E1 6 W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W16W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W8W 2021 NE CORNER DAVIS LANE & WESTLAKE ROAD ZONING MAP AMENDMENT M-2 Z O N I N G BOZE M A N COM M U N I T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D ZONING AREA SUMMARY R-5 ZONING: TOTAL ZONING AREA: 17.197 acres (749,107.80) Sq. Ft. LEGEND 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 B2 ZO NI N G BOZE M A N C O M M U NI T Y PLAN F U T U R E L A N D U S E: REGI O N A L C O M M E R C I A L AND S E R V I C E S PARC E L A COS 1 6 5 A BOZE M A N COM M U NI T Y P L A N FUTU R E L A N D U S E: URBA N NEIG H B O R H O O D S27, T 0 1 S, R 0 5 E, ACRE S 3 6. 0 5 PROPOSED ZONINGR-5PROPOSED ZONINGR-5©COPYRIGHT MORRISON-MAIERLE, INC.,2021 PLOTTED DATE: Jul/08/2021 PLOTTED BY: jon c. wilkinson DRAWING NAME: N:\6770\002 - Davis Ln & Valley Center Zoning & Pre-App\ACAD\Exhibits\6770.002 - Davis 15 ac- Zoning Map - 031021.dwg 1/4 SEC.SECTION TOWNSHIP RANGE PROJ. #:SHEET OF PRINCIPAL MERIDIAN, MONTANA COUNTY, MONTANADATE: SCALE: CLIENT: FIELD WORK: DRAWN BY: CHECKED BY: engineers surveyors planners scientists MorrisonMaierle 315 N. 25th Street, Suite 102 Billings, MT 59101 Phone: 406.656.6000 Fax: 406.237.1201 11Cascade Development, LLC GALLATIN 6770.002 1"=100' 05/2021 MEE CJF JW 5E 1S 26NW 100 200501000 SCALE IN FEET LEGAL DESCRIPTION WESTLAKE ROAD - COUNTY ROAD EASEMENTDAVIS LANE - COUNTY ROAD EASEMENTV A L L E Y C E N T E R R O A D - H I G H W A Y S T P S 2 3 5 1 ( 4 ) 5 P.O.B.LOT 2 A MINO R S U B 2 2 1 E IN T E R S T A T E - 9 0 - H I G HW A Y M-2 Z O N I N G PLI Z O NI N G BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E GALL A TI N C O U N T Y / BOZE M A N A R E A ZONI N G : A S 17.197 acres (749,107.80) Sq. Ft. TRAC T 1 COS 3 0 3 5 BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E S I D E N T I A L MIXE D U S E BOZE M A N C O M M U N I T Y PLAN F U T U R E L A N D USE: R E SI D E N TI A L MIXE D U S E EXISTING 27" SEWER MAINE27SE27SE27S PROPOSED 8" WATER MAIN8W8W8W8W8W WARRANTY DEED DOCUMENT No. 2139716 LESS HIGHWAY RIGHT OF WAY, ALSO COUNTY ROAD RIGHTS OF WAY 17.197 ACRES ALL THAT PART OF THE S 1 2 NW 1 4 OF SECTION 26 LYING SOUTH AND WEST OF THE SOUTH RIGHT OF WAY OF HIGHWAY AS STATED IN BARGAIN AND SALE DEEDS BOOK 145, PAGE 19 AND FILM 143, PAGE 646, ALSO INCLUDING WESTLAKE ROAD COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND DAVIS LANE COUNTY ROAD EASEMENT LOCATED IN SECTION 26 AND 27; SITUATED IN TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA, A parcel of land being all that part of the S 1 2 NW 1 4 of Section 26 lying South and West of the South right of way line of the highway right of way heretofore deeded to the State of Montana in Bargain and Sale deeds Book 145, Page 19 and Film 143, Page 646, also including Westlake Road County Road easement located in Section 26 and Davis Lane County Road Easement located in Section 26 and 27; situated in Township 1 South, Range 5 East, Principal Meridian, Gallatin County, Montana, and being more particularly described as follows: Commencing at the W 14 of Section 26, Township 1 South, Range 5 East, thence S.0°36'43"W. a distance of 30.00 feet to the Point of Beginning being the south right of way of West Lake Road; thence S.89°41'25"W. a distance of 30.00 feet; thence N.0°36'43"E. a distance of 685.14 feet along the west right of way of Davis Lane to the south line of highway right of way per Bargain and Sale Deed Book 145, Page 19, thence N.89°23'17"W. along said right of way a distance of 20.00 feet, thence N.0°36'43"E. a distance of 163.98 feet, thence N.33°52'39"E. a distance of 91.15 feet to the southwest line of highway right of way per Bargain and Sale Deed Film 143, Page 646, thence S.33°52'39"E. along said right of way a distance of 114.05 feet, thence N.36°28'27"E. a distance of 139.88 feet, thence S.53°32'55"E. a distance of 900.23 feet, thence S.52°54'19"E. a distance of 198.97 feet, thence S.38°52'09"E. a distance of 61.87 feet, thence S.50°45'29"E. a distance of 367.06 feet to the south right of way of West Lake Road, thence S.89°41'26"W. a distance of 1362.55 feet along the south right of way of West Lake Road to the Point of Beginning containing 17.197 acres more or less.SECTION 26SECTION 27SECTION 26SECTION 27DocuSign Envelope ID: 181D8E35-6E5D-4601-B779-7FA3B36FF19E