HomeMy WebLinkAbout08 25 2008_Finally adopt Ordinance No. 1749, Durston House Zone Map Amendment #Z-08072
Report compiled on August 19, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Durston House Zone Map Amendment - #Z-08072
FINAL ADOPTION OF ORDINANCE NO. 1749
MEETING DATE: Monday, August 25, 2008
CONSENT AGENDA
RECOMMENDATION: The City Commission adopt Commission Ordinance No. 1749 for the
Durston House Zone Map Amendment application to change the existing zoning designation of
“R-3” (Residential Medium Density District) to “R-O” (Residential Office District) for 3.214
acres located at 1005 West Durston Road.
BACKGROUND: The City Commission provisionally adopted Ordinance No. 1749 on
August11, 2008.
UNRESOLVED ISSUES: The Department of Planning is not aware of any unresolved issues
for the proposed development at this time.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include costs from
additional service demand.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Allyson Bristor at abristor@bozeman.net if you have any
questions.
APPROVED BY: Andrew Epple, Planning Director
Chris Kukulski, City Manager
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ORDINANCE NO. 1749
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, TO AMEND THE CITY OF BOZEMAN
ZONING MAP AND CHANGE THE EXISTING ZONING DESIGNATION
OF R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-O
(RESIDENTIAL OFFICE DISTRICT) FOR 3.214 ACRES LOCATED AT
1005 WEST DURSTON ROAD. THE PROPERTY IS LEGALLY
DESCRIBED AS THE FOLLOWING: FROM THE SOUTH ¼ OF
SECTION 1, T2S, R5E, PMM, THENCE N89’18’12”E AT A DISTANCE
OF 213.53’ TO A POINT ON THE CENTERLINE OF DURSTON ROAD
WHICH IS THE POINT OF BEGINNING. THENCE N01’21’37:W AT A
DISTANCE OF 520.67’. THENCE N88’38’23”E AT A DISTANCE OF
268.00’. THENCE S01’21’37”E AT A DISTANCE OF 524.18’ TO A POINT
ON THE CENTERLINE OF DURSTON ROAD. THENCE ALONG SAID
CENTERLINE S89’22’23”W AT A DISTANCE OF 268.02’ TO THE
POINT OF BEGINNING.
WHEREAS, the proposed zone map amendment to change municipal zoning
designation of R-3 (Residential Medium Density District) to R-O (Residential Office District)
has been properly submitted, reviewed and advertised; and
WHEREAS, the Bozeman Zoning Commission held a public hearing on Wednesday,
June 3, 2008 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 the zone map amendment be approved with a designation of R-O (Residential
Office District); and
WHEREAS, after proper notice, the City Commission held its public hearing on June
9, 2008, to receive and review all written and oral testimony on the request for a zone map
amendment; and
WHEREAS, the City Commission has reviewed and considered the twelve zone
change criteria established in Section 76-2-304, M.C.A., and found the proposed zone map
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amendment to change municipal zoning designation of R-3 (Residential Medium Density
District) to R-O (Residential Office District), with contingencies, to be in compliance with the
twelve criteria; and
WHEREAS, at its meeting held on June 9, 2008, the City Commission found that the
proposed zone map amendment would be in compliance with the Growth Policy and would be in
the public interest.
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-O (Residential Office District):
From the South ¼ of Section 1, T2S, R5E, PMM, thence N89’18’12”E at a
distance of 213.53’ to a point on the centerline of Durston Road which is the
Point of Beginning. Thence N01’21’37:W at a distance of 520.67’. Thence
N88’38’23”E at a distance of 268.00’. Thence S01’21’37”E at a distance of
524.18’ to a point on the centerline of Durston Road. Thence along said
centerline S89’22’23”W at a distance of 268.02’ to the Point of Beginning.
The above described tract contains 3.214 acres.
Section 2
The effective date is thirty days after final adoption of this ordinance on second reading.
PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at
a regular session thereof held on the 11th day of August 2008.
___________________________________
KAAREN JACOBSON
Mayor
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ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
TIM COOPER
Assistant City Attorney
PASSED, ADOPTED AND FINALLY APPROVED by the City Commission of the
City of Bozeman, Montana, on second reading, at a regular session thereof held on the 25th day
of August 2008.
___________________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
TIM COOPER
Assistant City Attorney
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