HomeMy WebLinkAboutConsent 6 Ordinance No. 1747
Report compiled on June 18, 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. 1747
MEETING DATE: Monday, June 23, 2008
CONSENT AGENDA
RECOMMENDATION: The City Commission adopt Commission Ordinance No. 1747 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 3.08 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.
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
ORDINANCE NO. 1747
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 3.08 ACRES LOCATED AT 1005 WEST
DURSTON ROAD. THE PROPERTY IS LEGALLY DESCRIBED AS WW
¼, SE ¼, SECTION 1, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA.
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 Tuesday,
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 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
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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):
WW ¼, SE ¼, SECTION 1, T2S, R5E, PMM, GALLATIN COUNTY,
MONTANA.
Said tracts of land being 3.08 acres along with and subject to any existing
easements.
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 23rd day of June 2008.
___________________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
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APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
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 21st day
of July 2008.
___________________________________
KAAREN JACOBSON
Mayor
ATTEST:
______________________________________
STACY ULMEN
City Clerk
APPROVED AS TO FORM:
___________________________________
PAUL J. LUWE
City Attorney