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Home My WebLink AboutOrdinance 06- 1680 West Lincoln ZMAORDINANCE N0.1680 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE HOUSEHOLD, LOW DENSITY DISTRICT) ON APPROXIMATELY 1.93 ACRES LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 13, T2S, RSE, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "R-3", Residential Medium Density District, was properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on August 3, 2004 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-3", Residential Medium Density District; and WHEREAS, after proper notice, the City Commission held its public hearing on September 7, 2004, 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 not be incompliance with the twelve criteria; and WHEREAS, at its meeting held on September 7, 2004, the City Commission found that the proposed zone map amendment would not be in compliance with the Growth Policy and would not be in the public interest, but that a zoning designation of R-1(Residential Single Household, Low Density District) 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-1" (Residential Single Family, Low Density District): Lots 26 and 27 of Beatty's Alder Court Subdivision, Tract 1 as described in Document No. 2054756, Tract 2 as described in Document No. 2054753, and Tract E as described in Film 191, Page 2361, Records of Gallatin County, situated in the NW 1/4 of the SW 1/4 of Section 13, T2S, RSE, PMM, Gallatin County, Montana. Said tract of land being 1.93 acres along with and subject to any existing easements. Cprtinn ~. The effective date is thirty days after final adoption of this ordinance on second rea ing. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 6th day of November 2006. Jeff Krauss, Mayor ATTEST: Brit Fontenot, City Clerk 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 20tH day of November 2006. Jeff Krauss, Mayor ATTEST: Brit Fontenot, City Clerk APPROVED AS TO FORM: Paul J. Luwe, City Attorney It wa.~ moved by fir. Kirehh~t~~ ~ee~n~ by r~ J~e~hs~n~ to ~~~r~ve the minutes o~ ~et~ber ~ ~~ ~~~~t Theme ~~ti~ rein rs. Kirehhof~ seobsan u and Ma r Ire Theme v~tin~ ~ ~~in~ r~~n~ Theme ~b~ent b~in~ fir, ~~~k~r~ The m~ti~r~ carried. ~ . Authorise payment ~f claims ~LaMeres . Approve attar I~e Fark Master Flan ~windelnal~er~ .Authorize pity Ma~aer to sign ~clease and l~cconveyance ~f ~nita~ry aver Easement - cascade I~cvcloprnent ~todola} 4.Adopt resolution ~~7, west Lincoln street Anne~ati~n per} .Authorize the pity N~ana~er t~ sign the Vest Lincoln street Annexation Agreement ~~oper~ Adopt Ordinance ~ Goo, west Lincoln trcet done Map A~,endment ~~oper~ 7.Authorize pity Manager to sib west Lincoln trcct A~ne~catio~a Public street and ~tl~lty Ease~nents~ nowload, LLB ~todola~ .Approve Fowler F1ace uivision final plat ~ooper~ .Approve the monthly ~uildin~ report ~~oulsen~ 0:1 ~: ~ 7 [ 1: ~7: ] Public on~tnent - onsen~ A~ends Mayor Krauss called for public comment on consent items Fl - F~. loo person conunented. o: ~~: [ ~ ~: ~ : ~~] M~ti~n end Vote to ~pprave ~nsent Item F1- F~ It w ~~v~d by fir. Jseob~~n~ ~ecnr~ded by r~.1~~~~4 t~ n~~r~ve nr~ent Items Fl -F. Theme v~tin~ A~y~. ~eia~~ . J~~~~~~n, R~~~. Ir~hhnf ~ ~n~ M~v~~ Kr~~~s. Theme v~tin~ ~_~~~~~ Th~~e ~~~~~~. ~~n~ r+ decker ~~~ m~~~~n ~~rried. ~: ~ ~:~ [ i ~ ~ i : ~ ~ ~ ~~~ ~~e~t Mayor Krauss called for public consent. This was the time for individuals to comment on matters falling within the purview of tixe ~o~en~an pity onission. There was also opportunity in con~unctior~ with each a~cnda item for coml~cnts Fcrtain~n to that item. o person commented. 0:0:~~ [ 1 ~: ~:~~] H. Actin Iterr~ ~:0:3 [ i ~: ! :~4~ 1. peci~l In~~r~vernent I~ightin~ Histrict la~ ~~, L~nrel ler~ uvl~inn the II, I~e~~i~ti~n 77, cnntinned dram ~vernber G# Orb ~Kosenbcrry~ ,~::~~' rte. ~ ~ ~'~. ~ ~ ~ ~ ~m ~; ~~ ~ `~ :. rr , ~L~ rat • • -~. ~~ ~.' ~ Commission Memorandum ~~, _ ~ ~ ~ r ~.,- ~~ ~' ~ E And ~..~ ~ ,~ ~ .~g: ~ti 4~ ~~ L qjA~ .~ REPORT T0: Honorable Mayor and City Commission FROM: Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager SUBJECT: West Lincoln Road Zone Map Amendment MEETING DATE: November 20, 2006 BACKGROUND: On September 7, 2004, the City Commission held a public hearing on a request for an initial zoning designation of a 1.93 acre parcel located west of Alder Court Lane, south of Lincoln Road, and east of Maple Lane. The Commission preliminarily approved the zoning designation of "R- 1" (Residential Single-Household, Low Density District), directing staff to bring back an Ordinance establishing the initial zoning designations upon annexation of the property. RECOMMENDATION: Adopt Ordinance No.1680. FISCAL EFFECTS: Fiscal impacts are undetermined at this time. ALTERNATIVES: As suggested by the City Commission Respectfully submitted, Tim Cooper, Assistant City Attorney Chris Kukulski, City Manager Attachments: Ordinance No.1680 ORDINANCE N0.1680 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE HOUSEHOLD, LOW DENSITY DISTRICT) ON APPROXIMATELY 1.93 ACRES LOCATED IN THE NW 1/4 OF THE SW 1/4 OF SECTION 13, T2S, RSE, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the proposed zone map amendment to grant a zoning designation of "R-3", Residential Medium Density District, was properly submitted, reviewed and advertised; and WHEREAS, the Bozeman Zoning Commission held a public hearing on August 3, 2004 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-3", Residential Medium Density District; and WHEREAS, after proper notice, the City Commission held its public hearing on September 7, 2004, 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 not be incompliance with the twelve criteria; and WHEREAS, at its meeting held on September 7, 2004, the City Commission found that the proposed zone map amendment would not be in compliance with the Growth Policy and would not be in the public interest, but that a zoning designation of R-1(Residential Single Household, Low Density District) 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-1" (Residential Single Family, Low Density District): Lots 26 and 27 of Beatty's Alder Court Subdivision, Tract 1 as described in Document No. 2054756, Tract 2 as described in Document No. 2054753, and Tract E as described in Film 191, Page 2361, Records of Gallatin County, situated in the NW 1/4 of the SW 1/4 of Section 13, T2S, RSE, PMM, Gallatin County, Montana. Said tract of land being 1.93 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 rea ing. PASSED by the City Commission of the City of Bozeman, Montana, on first reading, at a regular session thereof held on the 20th day of November 2006. Jeff Krauss, Mayor ATTEST: Brit Fontenot, City Clerk 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 4rn day of December 2006. Jeff Krauss, Mayor ATTEST: Brit Fontenot, City Clerk APPROVED AS TO FORM: Paul J. Luwe, City Attorney WEST L~NC®LN ZONE MAC MMENDMENT A TRACT OF LAND BEING TRACTS 26 AND 27 OF BEATTY'S ALDER COURT SUBDIVISION, TRACT 1 AS DESCRIBED IN DOCUMENT No. 2054'756, TRACT 2 AS DESCRIBED IN DOCUMENT No. 2054753, AND TRACT E AS DESCRIBED IN FILM 191, PAGE 2361, RECORDS OF GALLATIN COUNTY, SITUATED IN THE NW1/4 SW1/4 SECTION 13, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA FOR: SNOWLOAD LLC MAY, 2004 BY: CASiON ENGINEERING & SURVEYING BOZEMAN, MONTANA N w o zc +a as iso I inch = 40 ft. s u_II ~ p D rston 6` p ~' ~~~ i y~ ~ i I ~ ~~ all ~~, B bcock ~ ~ Ma n >c t" ^ 7c ~Lf .S. 91 ~ alts Huffine d'- ~~~- Lol ~`-° i7 ~~~li ~''> K 9Y d~ Stucky rn d°~i f~ aRO,~cr srrE fAON7anra sFArE uNroERSrrr LAND USE ZONED PU r so'-wioE R/w UNI vERSI TY UIV COLN ROAD N90'OObO"E 338.70' I TRACT 27 I BEATTY~S ALDER COURT TRACT 1 EXISANG rR~~ O I ~ yW ~ O BEA77Y'S ALDE,. BBL VISION zE~ ~ DOG. N0. 2054756 ~ o d N I EXlsnrrc ~ " ZONED R-S HOUSE N90'00'00"E 130.79' 9 '00'00"E 140.00' 3 W 3 n o it o NEW ZONE ° N M ~ '"o TRACT 26 P o R - 1 ~ BEATTYS ALDER COURT w Z I '" SUBDIVISION TRACT 2 DOG. N0. 2D54753 9>~C 9°'-W10E PU&LlC p~ LAND USE A°CESS ^"° URLITV EASEMENT ~ RESIDEN lIAL PER ,48-553 I ZONED R-4 TRACr E 1157 N89'S9'46"W 131.57' " 191E 2361 eEanv's cDER 'r: eorurnanr N90f00'00"W 140.00' 1 E RAIS]MC ~ ZEMIM~ Z Q EXISTING J LAND USE T~Arr ' ~ RESIDENTIAL DEED BOOK 798 PG 551 ZONING R-S 6FA77;'S ALDEK - 'BO.. l °a O L0T5 ~ ~ ZDNED R-S REMMC70N AOOl7rON ry LAND USE RESIDEN lIAL o I Q 3 o rR , I M mAC ~ BEA i7Y'S ALOEF 30NISlON s M O BfA77Y'S ALDtK - 'BC l O DEED BOOK 149 PG. 551 I 3~ ZED ON ZONED R-3-A TRACT A C O.S 573 A tract of land being Tracts 26 and 27 of Beettys Alder Court Subdivision, Tract 1 as described in Document Numher 2054756, Tract 2 as described in Document Number 2054753, and Tract E as described in Film 191, Page 2361, Records of Gallatin County, situated in the NWI/4 SW1/4 Section 13, T2S, R5E, P.M.M., Gallatin County, Montana, heing further descrihed as follows: Beginning at the northeast earner of said Tract 27, said paint also heing an the west right-af-way line of Alder Court Lone; thence along said right-of-way 500'05'57°W a distance of 200.00' to the northeast earner of Tract 25 of sold subdlvisien; thence along the north Ilne of said Tract N89'59'4fi°W a distance of 131.57' to the northwest corner of said Tract, thence along the west line of said Tract and Tracts 24 and 23 of soid Su6d'wisian 500'33'00"W a distance of 217.40' to the northeast corner of Tract A, Certificate of Survey Na. 573; thence along the north line of said Tract A due west a distance of 68.70' to the southwest corner of the tract of land described in Boak 148 of Deeds, page 551, Records of Gallatin County; thence along the east line of said Tract N00'33'00"E a distance of 208.70' to the northeast corner of said Tract, thence along the north line of said Tract due west a distance of 140' to the northwest corner of said tract, said paint also heing on the east line of Lot 5 of Remington Addition; thence along the east line of said Lot N00'33'00°E a distance of 208.70' to the northeast corner of soid Lat, said point also being on the south right-of-way line of Lincoln Road, thence along said right-of-way due east a distance of 338.70' to the Point of Beginning. Said tract being 1,93 acres. GASTON ENGINEERING saRV~nlvc ~ sons TEsTmc z ~7, ~, >~ s PRds D4-543 LAND SURkfY(MS 04-543 ANX-ZMA.DNG Sf»LS IES7M1V6 TAB: ZMA P.0 BOX 861 MAY 19, 1004 BDZEMAN, Mi 59771 (406) 586-0598 FAk586-0599