HomeMy WebLinkAboutProvisionally Adopt Ordinance No. 1749, Durston House Zone Map Amendment #Z-08072
Report compiled on August 6, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Allyson C. Bristor, Associate Planner
SUBJECT: Durston House Zone Map Amendment - #Z-08072
PROVISIONALLY ADOPT ORDINANCE NO. 1749
MEETING DATE: Monday, August 11, 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: Property owner Larry Pearson, AIA, and applicant Thinktank Design Group,
submitted an application to amend the Bozeman Zoning Map in accordance with Chapter 18.70 of the
Bozeman Unified Development Ordinance. The amendment requests to change the existing zoning
designation of “R-3” (Residential Medium Density District) to “R-O” (Residential Office District) for
3.08 acres located at 1005 West Durston Road. Mr. Pearson desires a reclassification of zoning for his
property in order to create future office space for his architecture firm. On June 9, 2008, the City
Commission approved the Zone Map Amendment application and directed staff to bring back an
ordinance enacting said amendment.
This zone map amendment was provisionally adopted through Ordinance No. 1747 on June 23, 2008. A
map of the zone map amendment and applicant materials were not included and had not been obtained
from the applicant at the time of provisional adoption. Planner Bristor determined that because of this
insufficient information she would not proceed with final adoption of Ordinance No. 1747 and would
submit a new zone map amendment ordinance.
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
Attachments: Zoning Ordinance
Exhibit
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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
amendment to 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
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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:
That the zoning district designation of the following-described property is hereby
designated as R-O (Residential Office District):
Section 1
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.
The effective date is thirty days after final adoption of this ordinance on second reading.
Section 2
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 ATTEST:
______________________________________
STACY ULMEN City Clerk
APPROVED AS TO FORM:
___________________________________ TIM COOPER
Assistant City Attorney
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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 ____ day
of ________________ 2008.
___________________________________
KAAREN JACOBSON
Mayor ATTEST:
______________________________________
STACY ULMEN City Clerk
APPROVED AS TO FORM:
___________________________________ TIM COOPER
Assistant City Attorney
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